COURSE DESCRIPTION
Purpose:
This course integrates reading, reflection and classroom discussion on the lawyer's role in providing legal services to low-income clients with students' own actual practice experiences. Together the course and the clinic provide students with the opportunity to learn first-hand about the professional responsibilities of representing clients, including instruction in the ABA's Model Rules of Professional Conduct (and California-specific rules where appropriate).

The five educational goals of the Community Law Practice course and the East Bay Community Law Center (EBCLC) clinical (Law 295.5Z) are to teach students:

1. A broad range of traditional and non-traditional lawyering skills;
2. The theoretical and practical capacities and limitations of lawyers, institutions and the legal system;
3. The impact of the legal system on poor people;
4. How to learn from experience; and
5. The importance of serving traditionally disadvantaged clients and groups.

The first half of the semester is devoted to substantive law and skills training. During the second half, we will discuss materials written by practitioners, academics and students about many of the issues that face EBCLC clients, EBCLC as an institution, and Boalt students working there. At the same time, cases and work in the four practice areas at EBCLC will serve as a focus for group discussion of the real-life challenges confronting lawyers and clients. As a course satisfying Boalt's professional responsibility requirement, major themes of how to be a lawyer and what it means to act ethically in that role are explored throughout the Community Law Practice course.


Readings and Syllabus:
The assigned reading for this course is contained in the Course Reader. The Syllabus/Class Schedule (attached) contains the topics and the assignments for each class meeting. Additional readings, problems and hypotheticals will also be distributed, including excerpts (model rules and readings) from Hazard, et al., The Law and Ethics of Lawyering, and Gillers & Simon, Regulation of Lawyers.

Skills Training:
There will be several training sessions and training activities for all EBCLC students, and there will be "break-out" trainings for the individual practice areas. Some of these training sessions will take place during times other than the regularly scheduled classes. These sessions are listed on the Syllabus and Class Schedule. Attendance is required and counts toward your required hours of clinical time spent at EBCLC per week.

Course Requirements and Grading:
Clinical work (Law 295.5Z) is graded on a Credit/No Credit basis. Students receive 1 unit of credit for every 4 hours per week of clinical work. The two units awarded for the Community Law Practice course (Law 289) are graded according to the regular Boalt rules. The breakdown of the graded course component is as follows:

1. Written reflection on the readings (50%): Each student must prepare five, 2-3 page written "reflection" pieces. These pieces will be graded on a three-point scale (see below). Each student's lowest grade will be thrown out in arriving at the composite reflection piece grade, which will constitute fifty percent of the classroom (Law 289) grade.

Each reflection piece should be turned in by the date and to the staff attorney indicated on the syllabus (corresponding to the classes and the readings for which the reflection piece is being written.) Review the Syllabus and Class Schedule carefully for reflection piece deadlines. PLEASE keep a copy of your written work which may occasionally be distributed to the class for purposes of informing class discussion. If, for any particular assignment, you do not wish to have your work distributed, please state this on the first page.

Your reflection pieces should explore the readings in light of your own experiences – with clients, adversaries, supervisors and other third parties – at EBCLC. You should not just summarize the readings nor critique them except in connection with your own practical lawyering experiences. The pieces will be graded primarily on the strength and quality of the connection you make between the assigned materials and your clinical experience. In addition to written feedback, we will use the following guidelines in grading your reflection pieces:

1 (passing): Discussion about the readings and your experience with at least one or two good connections between the two;
2 (solid): Discussion of the experiences and the readings with several strong connections between the two; or
3 (superb): Discussion of the experiences and the readings with deep, transcendent insight between the two.
Most papers will receive a "1". Please note that the student excerpts included in the Reader are done so for the issues they raise, not necessarily because they are examples of superior reflection pieces (in fact many are from other forms of student writing done in the past). Therefore, do not look to them as models for your reflection pieces which by definition should be based on your own personal experiences and insights. Also, you are not required to (though you may) reference or consider readings listed as "OPTIONAL" in the Syllabus.

2. Final Paper (25%): A final paper, no longer than six pages, is due for this course (see Syllabus for deadline). Pick something that has sparked your interest during the semester and write about it. Acceptable paper topics include: (1) analysis of a specific clinical case(s), linked to specific topics and readings in the syllabus; (2) analysis of the law practice more generally at EBCLC, linked to specific topics and readings in the syllabus and suggestions for change; (3) personal and professional development at EBCLC (i.e., an extended reflection piece). You may, if you wish, do additional reading, but this is not necessary. If you are unable to come up with a topic, please see your supervisor or Jeff Selbin. Twenty-five percent of the classroom grade will be based on the final paper, with attention paid to strength of analysis, clarity of presentation and originality of insight.

3. Class Participation (25%): Regular attendance and participation in class discussion are an integral part of the clinical education experience at EBCLC All students are expected to be engaged in and contribute to class discussions. Please check the Syllabus and Class Schedule carefully for the time and location of all classes and trainings. Also, please allow yourself sufficient travel time to get back and forth between Boalt and EBCLC. Twenty-five percent of the classroom grade will be based on class attendance and participation.

WELCOME TO EBCLC!

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Syllabus/Class Schedule:

1. Wednesday, August 19, 1998. 3:10 – 5 p.m. Room 14. Boalt Hall:

READ: Please read the following materials prior to Monday, September 21, 1998, when your first reflection piece will be due. Additional assignments from the Reader are included below.
State Bar of California, And Justice for All (handout);
DeParle, Slamming the Door (handout);
Sullivan, When Plagues End (handout); and
Edelman, The Worst Thing Bill Clinton Has Done (handout).

3:10 – 4:00 Introduction to the EBCLC Clinical and Community Law Practice Course. (Reagan/Selbin)

4:10 – 5:00 Description of the EBCLC Practice Areas – Community Economic Development, HIV/AIDS, Housing & Income Support (Staff Attorneys);
TURN IN Information Sheet.

2. Friday, August 21, 1998. 1 – 5 p.m. EBCLC:

READ: Sugarman, Social Insurance and Public Assistance (pp. 1-5);
General Relief in Los Angeles (pp. 6-10);
Lipsky, Bureaucratic Disentitlement (pp. 11-19); and
Lanker, I Dream a World (pp. 25-28).

1:00 – 2:30 Office Orientation & Unit Assignments. (Reagan/Selbin)

2:30 – 2:50 Benefits 101: General Assistance, Food Stamps, CalWorks (formerly AFDC) & Unemployment Insurance. (Del Monte)

3:00 – 3:20 Benefits 102: Supplemental Security Income, Social Security Disability Insurance, State Disability Insurance & MediCal. (Barba)

3:20 – 3:40 Housing 101: Unlawful Detainers, Rent Control & Affirmative Causes of Action. (Lee)

3:40 – 5:00 Break-out Training by Practice Area. (Staff)

Week of August 24, 1998: Full-time clinic hours begin, cases assigned, students observe client interviews.
3. Wednesday, August 26, 1998. 3:10 – 5 p.m. EBCLC:

3:10 – 3:50 "401 Broadway" Training (Barnes); SIGN UP for visits to 401 Broadway (local welfare office).

4:00 – 5:00 Break-out Training by Practice Area. (Staff)
CED: (To be announced)
HIV: Case Acceptance & Intake Procedure.
Housing: Eviction Process (SFL).
Income: Substantive TANF (CalWorks).

4. Friday, August 28, 1998. 1 – 6 p.m. Room 140, Boalt Hall:
Clinical Workshop

1:00 – 3:00 Interviewing Demonstration and Discussion. (Barba/Barnes/Johnson & Clinical Staff)

READ: Interviewing Outline (handout, in class);
Binder & Price, Ascertaining the Clients Problem (handout, pp. 1-7);
Gilkerson, Poverty Law Narratives (handout, pp. 8-13); and
Student Paper #2 (handout, pp. 14-16).

3:15 – 5:00 Dealing with Difference. (Clinical Staff)

READ: White, Notes on the Hearing of Mrs. G (handout, pp. 17-24);
EBCLC Student Final Paper (handout, pp. 25-29); and
Polikoff, Am I My Client?: The Role Confusion of a Lawyer Activist (handout, pp. 30-41).

5:00 – 6:00 Reception (outside Room 140).

5. Wednesday, September 2, 1998. 3:10 – 5 p.m. EBCLC:
Break-out Training by Practice Area. (Staff)

CED: (To be announced).
HIV: Substantive SSI/DI (Part I) (MDM); RECEIVE Problem Set #1 (due Friday, September 11, 1998); READ "General Reference Materials" & "Disability Benefits" (HIV Manual, Chapters 1 & 2).
Housing: Rent Control (SFL); Answers; Fee Waivers; Warranty of Habitability (MEB).
Income: Substantive and Procedural General Assistance/Welfare.

6. Friday, September 4, 1998. 1 – 5 p.m. EBCLC:
Break-out Training by Practice Area. (Staff)

CED: (To be announced).
HIV: Substantive SSI/DI (Part II); Procedural SSDI (DLB); READ "Medical Information" & "Letter of Diagnosis" (HIV Manual, Chapters 3 & 4).
Housing: Motions (LLL); Subsidized Housing (MEB).
Income: Substantive & Procedural Unemployment Insurance (UIB); Legal Research Exercise; Welfare Budgeting Exercise; RECEIVE Direct and Cross Examination Exercise.

Monday, September 7, 1998: EBCLC/Boalt Closed (Labor Day)
7. Wednesday, September 9, 1998. 3:10 – 5 p.m. Room 140, Boalt Hall:
AIDS 101 Training (ALL UNITS, ALL STUDENTS) (Kathleen Clanon, M.D.).

READ: Burr, The AIDS Exception: Privacy vs. Public Health (handout).

8. Friday, September 11, 1998. 1 – 5 p.m. EBCLC:
Break-out Training by Practice Area. (Staff)

CED: (To be announced).
HIV: REVIEW Problem Set #1 (MDM); Estate Planning (DLB); READ "Testamentary Documents" (HIV Manual, Chapter 5).
Housing: Discovery; Reasonable Accommodation (LLL).
Income: Direct and Cross Examination Exercise; Hearing Tape; Visit Actual UIB Hearing Discussion with Administrative Law Judge.

9. Wednesday, September 16, 1998. 3:10 – 5 p.m. EBCLC:

READ: Case Development Materials and Hypotheticals (pp. 68-89).

3:10 – 4:00 Theory of Case Development. (Barnes)

4:00 – 5:00 Break-out Case Development by Practice Area.

10. Monday, September 21, 1998. 5:00 p.m.:

DUE: Reflection Piece #1: 401 Broadway and the Welfare Experience (readings for this piece include pages 1-19 & 25-28 in the Reader, and the State Bar & Edelman handouts from the first class) (to Barnes).

11. Wednesday, September 23, 1998. 3:10 – 5 p.m. EBCLC:

CLASS: Break-out Training by Practice Area. (Staff)

CED: (To be announced).
HIV: Guardianship FLS); Debtors' Rights (DLB) READ "Guardianship" & "Creditors & Bankruptcy" (HIV Manual Chapters 6 & 7).
Housing: (To be announced).
Income: Telephone Negotiations; Casefile Documents.

12. Wednesday, September 30, 1998. 3:10 – 5 p.m. Room 14, Boalt Hall:

CLASS: Crisis Support Training. (Reagan/Guest Speaker)

13. Monday, October 5, 1998. 5:00 p.m.:

DUE: Reflection Piece #2: "Questions of Difference" (readings for this piece include materials for the 8/28/98 training on difference and the 10/7/98 class on difference) (to Brown).

14. Wednesday, October 7, 1998. 3:10 – 5 p.m. Room 14, Boalt Hall:

CLASS: "Questions of Difference." This class builds on the all-clinical training earlier in the semester. Our work at EBCLC involves serving our clients in the best way that we can. Because of a) our past experiences, b) the values we have learned from both our families and the many cultures to which we belong, and c) the larger culture which permeates our lives, we often must work hard to notice our own biases and how they affect our ability to competently and zealously represent our clients. This class will help us to identify our own biases in serving clients and will explore ways to work towards eliminating or reducing the effects of those biases. (Brown/Reagan)

READ: Lawrence, The Id, Ego and Equal Protection (pp. 90-94);
MacIntosh, White Privilege (pp. 95-105);
Takaki, A Different Mirror (handout);
Morris, Prejudice (pp. 106-129) [OPTIONAL];
Gill, Continuum Retort (pp. 130-134) [OPTIONAL]; and
Student Papers #3-7A (pp. 135-155) [OPTIONAL].

Week of October 12, 1998: Mid-semester Evaluations
15. Wednesday, October 14, 1998. 3:10 – 5 p.m. Room 14, Boalt Hall:

CLASS: "Client Voices." What do you hear when your client speaks to you? What do the agencies, with which your client is involved, hear? On the flip side, what does your client hear you say? How do these perceptions affect one another? (Barba/Del Monte)

READ: Sarat, The Law Is All Over (pp. 156-186) [OPTIONAL];
White, Notes on the Hearing of Mrs. G (pp. 187-213);
Gilkerson, Poverty Law Narratives (pp. 422-432);
Montoya, Mascaras, Trenzas y Grenas (handout) [OPTIONAL]; and
Student Papers, #8-10 (pp. 214-222) [OPTIONAL].

Week of October 19, 1998: Flyback week (no class & students not required to complete clinical hours)
16. Monday, October 26, 1998. 5:00 p.m.:

DUE: Reflection Piece #3: "Client Voices" and "Counseling Our Clients to Make Decisions" (readings for this piece include materials for the 10/14/98 and 10/28/98 classes) (to Barba).

15. Wednesday, October 28, 1998. 3:10 – 5 p.m. Room 14, Boalt Hall:

CLASS: "Counseling Our Clients to Make Decisions." This class builds on earlier classes which explored the subjectivity both lawyers and clients bring to their relationship. Given these constraints, what obligations do we have in counseling clients? The assigned reading defines "client-centered" counseling, a relatively recent concept in legal literature, and then reviews arguments both in favor of and against such an approach. (Selbin/Del Monte)

READ: Dinerstein, Client-Centered Counseling (pp. 332-356); and
Student Papers #14-16 (pp. 357-362) [OPTIONAL].

18. Wednesday, November 4, 1998. 3:10 – 5 p.m. Room 14, Boalt Hall:

CLASS: "Confronting Scarcity." After exploring in previous classes the varied and intersecting sources of internal power in the lawyer-client relationship, this class looks at an issue which at least at first glance is an external pressure – resource scarcity – on the delivery of legal services to low-income clients. The assigned readings define the dilemma and come to different conclusions about how best to address it; in class we will engage in an exercise which will require us both to allocate scarce resources between needy clients and grapple with the ethical and other bases for doing so. (Selbin/Lane)

READ: Bellow & Kettleson, From Ethics to Politics (pp. 248-285) [OPTIONAL];
Tremblay, Toward a Community-Based Ethic … (pp. 286-322); and
Student Papers #11-13 (pp. 323-331) [OPTIONAL].

19. Monday, November 9, 1998. 5:00 p.m.:

DUE: Reflection Piece #4: "Scarcity" and "Ethics" (readings for this piece include materials for the 11/4/98 and 11/11/98 classes) (to Selbin).

20. Wednesday, November 11, 1998. 3:10 – 5 p.m. Room 14, Boalt Hall:

CLASS: "Sources of Ethics in Law Practice." This class will explore the sources of lawyers' (and law students') ethics, including the rules, conventional wisdom about law practice, values related to the role of representing an individual client, values related to the role of a lawyer more generally and values we bring from outside the role. (Brown/Lee)

READ: Bellow & Kettleson, From Ethics to Politics (pp. 363-379); and
Case Studies (pp. 380-386).

22. Wednesday, November 18, 1998. 3:10 – 5 p.m. Room 14, Boalt Hall:

CLASS: "Modalities of Lawyering." In addition to individual client representation, lawyers employ a large number of other "modalities" to solve their clients' legal problems. Modalities include administrative agency advocacy, lobbying class action lawsuits, community organizing, client empowerment, public education campaigns, political action, civil disobedience, etc. The assigned articles discuss some of these modalities. (Barnes/Lane)

READ: Bellow, Turning Solutions into Problems (pp. 441-450);
Wexler, Practicing Law for Poor People (pp. 451-460);
Gabel & Harris, Building Power/Breaking Images (pp. 461-474) [OPTIONAL];
McDougal, Lawyering & the Public Interest in the 90s (pp. 475-487); and
Student Papers #17-21 (pp. 488-500) [OPTIONAL].

23. Monday, November 23, 1998. 5:00 p.m.:

DUE: Reflection Piece #5: "Modalities" and "Client Engagement" (readings for this piece include materials for the 11/18/98 and 11/25/98 classes) (to Reagan).

24. Wednesday, November 25, 1998. 3:10 – 5 p.m. Room 14, Boalt Hall:

CLASS: "Client Engagement." Traditional poverty law practice in many ways excludes those seeking services from having input into macro (as opposed to individual case) decisions about how those services are delivered. This class will explore what it might mean to have clients involved in decision-making roles within a public interest or poverty law organization such as EBCLC, including: priority-setting delivery of services, evaluation of services and governance. (Reagan/Lee)

READ: Handouts (to be distributed).

Thursday & Friday, November 26 & 27, 1998: EBCLC/Boalt Closed (Thanksgiving Holiday)
Week of November 30, 1998: Last week of clinical (students complete clinical hours through December 4, 1998); End of semester evaluation
25. Wednesday, December 2, 1998. 3:10 – 5 p.m. Room 14, Boalt Hall:

CLASS: "Rethinking Advocacy With Low-Income Communities." This class will look at the future directions and possibilities of legal services to low-income communities generally, and in particular in the context of the serious federal funding cuts to such programs. (Reagan/Selbin/Guest Speaker)

26. Friday, December 4, 1998. (time and location to be announced):
End of semester party!
27. Friday, December 18, 1998. 5:00 p.m.:

DUE: Final Paper to Jeff Selbin at EBCLC or Message Center, Boalt Hall.