SEMESTER IN PRACTICE HANDBOOK 2014.PDF
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ALBANY LAW SCHOOL SEMESTER IN PRACTICE HANDBOOK SPRING 2014 Albany Law School 80 New Scotland Avenue Albany, New York 12208 Professor Laurie Shanks LShan@albanylaw.edu 518-445-3227 Sherri Anne Meyer, Administrative Assistant/Paralegal smeye@albanylaw.edu 518-445-3335 Revised as of 12/13 SEMESTER IN PRACTICE The Albany Semester in Practice is an intensive field placement experience in which law students are provided with a unique opportunity to work and study full time in a federal, state or local government office for academic credit. Students are able to not only observe the practice of law but to begin their own participation in the legal system. Such experiences are intended to enrich students' legal education by assisting them in integrating legal doctrine and theory with actual legal practice and professional responsibility. Supervising attorneys play a vital role in our mission to prepare students for intelligent, creative and ethical participation in the legal profession. We recognize that such supervision takes time and effort, but we hope that the experience will be enjoyable and rewarding for all involved. This handbook is intended to provide information about the Semester in Practice course and requirements, and to assist both supervisors and students in deriving the greatest possible benefit from the experience. Professor Laurie Shanks Albany Law School LShan@albanylaw.edu Phone: 518.445.3227 i TABLE OF CONTENTS Page SEMESTER IN PRACTICE EDUCATIONAL OBJECTIVES 1 I. OVERVIEW OF SEMESTER IN PRACTICE 2 II. LAWS AND POLICY GOVERNING SEMESTER IN PRACTICE 2 A. ABA Requirements for Study Outside the Classroom 2 B. Civil Rights Protections and Accommodations 3 C. Fair Labor Standards 4 III. RESPONSIBILITIES OF STUDENT 5 A. Course Requirements 5 B. Student Orientation 6 C. Professional Responsibilities 6 D. Journaling and Reflection 7 E. Permitted Westlaw/LexisNexis Use Policy 7 IV. RESPONSIBILITIES OF SUPERVISING ATTORNEYS 8 A. Attorney Experience 8 B. Goal Setting 8 C. Attorney Availability 8 D. Assignments 8 E. Feedback 9 G. Evaluation 9 V. THE INTRODUCTORY SUPERVISING ATTORNEY/STUDENT MEETING 9 A. Mission of the Court, Agency or Organization 9 B. The Student’s Work and Role in the Office 9 C. Educational Goals 9 D. Confidentiality and Professional Responsibility 10 E. Relevant Office Policies and Chain of Command 10 F. Schedule Regular Meetings 10 G. The Student Work Schedule 10 H. Layout of the Office and Library and Introduction to Others 11 I. Explanation of First Assignment 11 VI. ASSIGNMENTS 11 A. Guidance on Assignments 11 B. Supervision by More than One Attorney 11 VII. FEEDBACK 11 A. Student’s Self Evaluation 12 B. Supervising Attorney Evaluation of the Student’s Performance 12 ii VIII. FORMS 12 A. Course Requirements 12 B. Student Certificate Designating Compliance with Professional Ethics and 12 Responsibilities C. Student Educational Planning Form 13 D. Supervisor Interim Report 13 E. Student Mid-Semester Report Form 13 F. Time Sheets 13 G. Student Evaluation of Placement and Program 14 H. Placement Evaluation of Student and Program 14 I. Memorandum of Agreement 14 IX. ADDRESSING POTENTIAL PROBLEMS 13 X. CONCLUSION 14 XI. ATTACHMENTS 14 A. ABA Standards 302 and 305 B. Supervising Attorney Assignment Checklist C. Best Practice for Providing Feedback D. Guidelines for Maximizing the Benefits of Feedback E. Course Requirements F. Certification Designating Compliance with Professional Ethics G. Student Educational Planning Form H. Supervisor Interim Report I. Student Mid-Semester Report Form J. Time Sheet and Description of Legal Tasks K. Student Evaluation of Placement and SIP Program L. Placement Evaluation of Student and Program M. Memorandum of Agreement iii ALBANY LAW SCHOOL SEMESTER IN PRACTICE STATEMENT OF EDUCATIONAL OBJECTIVES The overall educational objectives of the Semester in Practice are set forth below: A. Skills Development Students will gain an understanding of the basic competencies required for legal practice and begin developing such competencies. Skill areas may include interpersonal skills crucial to successful attorney-client relationships such as client interviewing, counseling, negotiation, and trial advocacy as well as analytical or technical skills such as issue identification and analysis, fact investigation, time management, case planning, legal research, drafting and other writing. The specific skills any individual student develops will necessarily be determined by the type of office to which he or she is placed, i.e., a student placed in a Judge’s chambers will develop different skills than one placed in a Public Defender’s Office. B. Professional Responsibility Students will examine their professional responsibilities through analysis not only of legal ethics and compliance with the Rules of Professional Conduct, but with leadership and the uses of power and influence that a law degree makes possible. C. Substantive Law Students will gain a greater understanding of the legal theory and doctrine pertaining to the areas of law in which their placements focus. They should be able to integrate this substantive knowledge with the actual work of their placement. D. Self-Evaluation Students will engage in active learning through experience, feedback, and reflection. Students will develop self-evaluative skills as they learn from practice. E. Institutional Evaluation Students will gain an understanding of how legal institutions work and begin to critically examine the legal system and the roles of the various participants in the system. 1 I. OVERVIEW OF SEMESTER IN PRACTICE The Semester in Practice (SIP) program allows Albany Law School students to spend a concentrated amount of time in judicial chambers, federal or state agencies, executive departments, and local governmental agencies within the United States and globally. Depending on the particular placement, students may assist in drafting legislative and/or regulatory initiatives, legal research and writing projects, policy analysis, bill negotiations, and/or litigation. Fieldwork Students participate in the work of their placements for approximately 35 hours per week over the course of a 14-week semester (490 hours/semester). Students identify their own learning goals for the semester and work with supervising attorneys on site to develop strategies for achieving their goals and for measuring progress. Supervisor feedback on student work and student reflection on their experiences and observations are essential to success. Students are required to keep contemporaneous time records indicating the number of hours worked each day and the nature of the duties performed including observation and consultation time. In addition, students write and submit weekly reflective journals regarding their placement activities and experiences to the faculty director. Classes and Discussion Students participate in contemporaneous classes or discussion forums related to SIP in order to expand and enrich their practice field experiences and to ensure guided reflection. For those students placed outside of New York, classes will be held by SKYPE and/or by discussions posted on TWEN. Albany Law Faculty Oversight Professor Laurie Shanks oversees the SIP program, provides instruction and materials to students, and conducts site visits with students and supervising attorneys during the semester. Professor Shanks serves a liaison between students, supervising attorneys, placements, and the law school. Final grades (Pass/Fail) are awarded based on reports from the supervising attorneys and the students' successful completion of all course requirements. Students earn twelve (12) credits for SIP. II. LAW REGULATION AND POLICY GOVERNING SEMESTER IN PRACTICE A. ABA Requirements for Study Outside the Classroom Semester in Practice is operated in accordance with the requirements of the American Bar Association for Approval of Law Schools. In particular, ABA Standard 302 regarding Curriculum requires law schools to offer “substantial opportunities” for appropriately supervised live-client or other real-life practice experiences. Standard 305 for Study Outside the Classroom permits law schools to grant credit toward the J.D. degree for studies or activities away from the law school such as in field placements provided each student’s academic achievement is evaluated by a faculty member. In 2 addition, the program must have, among other requirements, a method for selecting, training, evaluating, and communicating with field placement supervisors, periodic site visits or their equivalent, and opportunities for student reflection of their field placement experience through seminar tutorials, or other means. (See, ABA Standards 302 and 305, Attachment “A”). B. Civil Rights Protections and Accommodations Albany Law School strives to ensure that all students are protected against unlawful discrimination or harassment. The Albany Law Student Handbook provides: It is the policy of Albany Law School to provide equal educational and employment opportunity to qualified individuals without regard to sex, race, color, national or ethnic origin, religious beliefs, handicap or disability, sexual orientation, gender identity/expression, marital or parental status, military or veteran status, political affiliation or age. Equal educational opportunity includes, but is not limited to: admissions, recruitment, extracurricular programs and activities, facilities use, access to course offerings, financial aid and employment. This policy is derived from a variety of state and federal laws including Title VII of the Civil Rights Act,1 the Americans with Disabilities Act2, the Rehabilitation Act3, Title IX of the Educational Amendments Act,4 and NY Human Rights Law.5 For a more complete listing and description of applicable federal and state laws see the Albany Law Student Handbook (pp. 98-99) available at http://www.albanylaw.edu/media/user/student_affairs/albanylawstudenthandbook.pdf Students in the Semester in Practice program are not protected “employees” of their particular placements under Title VII of the Civil Rights Act or Title I of the ADA6. Nevertheless, Albany Law School will not tolerate discrimination or harassment in field placements regardless of student employee status. Law students are governed by Albany Law School policies with regard to discrimination, or harassment in all academic programs including field placements. Students with Disabilities Students, Supervising Attorneys and placements should be mindful of the relevant legal obligations of the law school and covered field placement offices with regard to non-discrimination, equality of opportunity and access to programs, services and activities by students who have disabilities. Students may be entitled to reasonable modifications, readily achievable barrier removal, or other accommodations as necessary to comply with state and federal law. 1 42. U.S.C. 2000e, et seq. 2 42 U.S.C. 1400, et seq. 3 29 U.S.C. 794 4 20 U.S. C. 1681(a) 5 NY Exec Law 291 et seq. 6 See, O’Connor v. Davis, 126 F.3d 112 (2d Cir. 1997). 3 Sexual Harassment Policies Students as well as supervising attorneys should be aware of their behavior in the workplace. As an expectation of ethics and practice, sexual harassment will not be tolerated regardless of a student’s employee status. Albany Law School’s policy on sexual harassment is available at http://intra.albanylaw.edu/hr/harassmentpolicy.pdf. C. Fair Labor Standards The Fair Labor Standards Act (“FLSA”)7 governs wage and overtime requirements for employees. In some instances, unpaid interns, particularly in “for-profit” private sector internships will be viewed as employees entitled to minimum wage and overtime. The U.S. Labor Department issued recent guidance to help determine whether interns in educational or training programs are exempt from FLSA minimum wage requirements. See U.S. Department of Labor Wage and Hour Division Fact Sheet #71: Internship Programs Under the Fair Labor Standards Act (April 2010) available at http://www.dol.gov/whd/regs/compliance/whdfs71.htm The department identified six criteria8 which must be applied: The training, even though it includes actual operation of the facilities of the employer, is similar to that which would be given in a vocational school; The training is for the benefit of the trainee; The trainees do not displace regular employees, but work under close observation; The employer that provides the training derives no immediate advantage from the activities of the trainees and on occasion the employer’s operations may actually be impeded; The trainees are not necessarily entitled to a job at the completion of the training period; and The employer and the trainee understand that the trainees are not entitled to wages for the time spent in training. The Wage and Hour Division further notes that, “[u]npaid internships in the public sector and for non- profit charitable organizations, where the intern volunteers without expectation of compensation, are generally permissible.” The division “is reviewing the need for additional guidance on internships in the public and non-profit sectors.” The Fair Labor Standards Act already makes exceptions for volunteer services for state and local governmental agencies.9 While these criteria are directed at for-profit entities rather than at public offices or charitable organizations, the guidelines are instructive in terms of highlighting the significance of student educational benefit as a condition for permitting unpaid work, regardless of the nature of the placement. 7 29 U.S.C. 201 et seq. 8 The criteria are derived from the Supreme Court’s decision in Walling v. Portland Terminal Co., 330 U.S. 148 (1947). 9 FLSA 3(e) and accompanying regulation, 29 C.F.R. 553.100. 4 III. RESPONSIBILITIES OF STUDENTS A. Course Requirements Students are responsible for meeting all SIP course requirements as follows: 1. Sign up for The West Educational Network (TWEN) Semester in Practice Course. Course materials (including this handbook), required forms, useful resources and the Rules of Professional Conduct can be accessed through the Semester in Practice TWEN site. Students should submit time records, reports, journals and reflections and other required documents through TWEN. 2. Attend SIP Orientation before the start of the semester. 3. Review the applicable Rules of Professional Conduct and other ethics requirements related to the particular placement. Students sign and submit a Certification Designating Compliance with Professional Ethics and Responsibilities. 4. Identify individual educational goals and possible strategies to achieve these goals at the placement. Students complete an Educational Planning Form and review it with the supervising attorney. Both student and supervising attorney sign the form. Students submit a signed copy of the form on TWEN. 5. Maintain contemporaneous time records indicating the nature of the tasks performed as part of the SIP placement and submit weekly time sheets on TWEN. 6. Complete a minimum of 490 hours of fieldwork at the assigned placement. (Approx. 35 hours/week) 7. Maintain a daily journal regarding the SIP experiences or observations and submit journals weekly to the faculty director on TWEN. 8. Complete and submit a Mid-Semester Report on TWEN. 9. Participate in a mid-semester meeting or phone conference with the faculty director. 10. Complete and submit an End-of-Semester Evaluation of Placement and Program on TWEN. 11. Submit an End-of-Semester Reflection paper on TWEN. 12. Participate in all SIP discussion forums and complete assignments as directed by faculty as part of the SIP class on TWEN. 5 B. Student Orientation All SIP students participate in a mandatory Orientation Session prior to the start of the semester to review course requirements and expectations and to discuss students’ professional responsibilities. SIP educational goals, the process of learning from experience, and strategies for success in placements are also discussed. C. Professional Responsibilities Students are expected to be familiar with the applicable Rules of Professional Conduct for their placements. In particular, we suggest that students closely review the Rules concerning: Competence Diligence and Zeal Confidentiality of Information Conflicts of Interest Responsibilities of Partners, Managers, and Supervisory Lawyers Subordinate Lawyers Responsibilities Regarding Nonlawyer Assistants Unauthorized Practice of Law Misconduct We recommend that students also ask placement Supervising Attorneys about the other specific rules or policies governing their particular offices such as public officers’ law, government ethics rules, rules for prosecutors, the Code of Judicial Conduct, etc. Students must sign a certification that they are familiar with and will comply with the Rules of Professional Conduct and other applicable ethics rules. D. Journaling and Reflection Students are required to maintain a daily reflective journal throughout the semester. In order to learn from the semester-in-practice experience it is essential that students not only participate in and observe the legal activity of their placements, but also reflect on what they observe and do. With guidance from faculty, students should be able to integrate what they have learned based on experience and reflection with other sources of knowledge, and apply that understanding to the next experience. The journal is not merely a description of activities. In fact, it is important that students not disclose any client-identifying information or other confidential material from the placement. The journal should include information about what the student did each day only to the extent necessary to provide a background for a discussion of observations and reflections. Below are a few examples of basic journal topics: • Individual goals for the SIP (periodically redefined) and progress toward meeting goals; 6 • Thoughts or reflections about issues discussed in any class sessions; • Comments on any of the readings from the class sessions; • Professional responsibility and ethics; • Observations about the practice of law; • The substantive law the student is learning; • What it means to be a lawyer in the context of the work the student is doing • Observations about justice and the legal system generally; • Professional relationships; • Specific comments about what the student is learning; and • Anything else of interest related to the placement, supervision, or SIP. Student journals are submitted weekly on TWEN. Journals are read only by the Albany Law faculty member overseeing the SIP program and will not be shared with supervising attorneys or other faculty or students without permission. E. Permitted Westlaw/ LexisNexis Use Policy a. Westlaw: Complete Terms of Use can be found at: (http://lawschool.westlaw.com/shared/marketinfodisplay.asp?id=110&code=mi&main page=12) Students interning in ANY government office MAY NOT use their Westlaw educational ID for placement assignments. b. LexisNexis: Complete terms of use can be found at (http://www.lexisnexis.com/terms/lawschool/) Policy on Use of LexisNexis Law School Educational IDs Students may use their LexisNexis Law School Educational ID only for academic purposes. "Academic purposes" include, but are not limited to: class preparation and assignments research associated with moot court or law review/law journal research associated with pursuing a grant or scholarship service as a research assistant to a professor (either paid or unpaid) an unpaid internship, externship or clinic for school credit other purposes determined in the sole discretion of LexisNexis "Academic purposes" do not include research conducted for a law firm, corporation or other entity (other than a professor or law school) that is paying the student to conduct said research or that is passing along the costs of said research to a third party. These are deemed "commercial purposes". 7 Students using their LexisNexis Law School Educational IDs for commercial purposes risk forfeiture of their ID. However, temporary LexisNexis Custom Sampling IDs that are given to students over the summer or at any time for free use of the LexisNexis Total Research System are not considered Educational IDs and can be utilized for either academic or commercial purposes. IV. RESPONSIBILITIES OF SUPERVISING ATTORNEYS The supervising attorney is an essential part of the student’s education and professional development. Since students receive substantial academic credit for SIP, it is important that the focus of the placement experience be the achievement of the student’s educational objectives. Students should have opportunities to observe and participate in the work of the judge’s chambers or government office. They should be given clear and challenging assignments, and receive meaningful, specific, and constructive feedback on their work from experienced practitioners. A. Attorney Experience Supervising attorneys should have sufficient experience to be able to guide, counsel, and work with law interns. We ask that attorneys selected as supervisors have a minimum of three (3) years practice experience. B. Goal Setting Supervising attorneys should assist in the development of the student intern’s educational goals and in identifying strategies to achieve those goals during the semester. Students are required to complete an Educational Planning Form during the first week of the semester. Supervisors review and sign the form as well. It is helpful to review goals and progress toward goals periodically throughout the semester. C. Attorney Availability Supervising Attorneys must be available on-site to provide and explain assignments, answer questions, and give substantive feedback on student work. If the Supervising Attorney is unavailable when students are scheduled to be in the office, appropriate assignments and instructions should be left for students, and alternative attorney supervision should be arranged. D. Assignments Students should be assigned a variety of meaningful lawyering tasks. Such tasks may include legal research and analysis; drafting of documents, memoranda or briefs; interviewing and counseling clients; negotiating; and participation in motions, hearings, or trials. Students should not be asked to perform clerical duties such as photocopying, phone coverage, or other non-lawyering tasks other than as necessary or incidental to the student’s assignment. 8 Students should be included in meetings, conferences, proceedings, etc. as observers or assistants, and where appropriate, as participants. Students should be supervised in all performance tasks to allow for feedback as well as to prevent the unauthorized practice of law. F. Feedback Supervising attorneys should make time to provide individual specific feedback on student work – both oral and written work. Additional information on assignments and feedback is provided later in this handbook. G. Evaluation Supervising attorneys will be asked to complete a brief progress report for each student at mid- semester. We recommend that supervising attorneys also meet with each student on site by mid- semester to formally review progress and identify goals for the remainder of the semester. Supervising attorneys are also asked to complete a final evaluation report for each student at the end of the semester and to meet with the student for a final review. Students must receive a satisfactory evaluation from their supervising attorney(s) in order to receive academic credit. V. THE INTRODUCTORY SUPERVISING ATTORNEY / STUDENT MEETING During the first week of the placement, we recommend that supervising attorneys meet with each assigned student to introduce the student to the office and establish expectations. In particular, supervisors and students should discuss student educational goals and possible strategies for achieving those goals. The following is a list of suggested issues to address at the initial meeting: A. The Mission of the Agency or Organization An explanation of the office’s overall mission, clients, if any, fields of law practice, funding sources, oversight, etc. should help orient the student to this new environment. B. The Student's Work and Role in the Office Supervising attorneys and students should discuss the kind of work the student will be doing during the semester, including specific cases or projects and the resources available to help with these tasks. Students should understand how their work fits in to the overall mission or function of the office, and how their work may benefit the office and its clients or constituents. C. Educational Goals The student and Supervising Attorney should discuss the student’s individual education goals at the outset of the semester to determine if they are realistic for the particular placement and to identify methods of achieving the goals. The Supervising Attorney will often have additional 9 suggestions regarding the types of opportunities available. The goals provide a measuring device for determining the student's progress over the course of the semester. D. Confidentiality and Professional Responsibility This is a good time to stress professional obligations such as confidentiality with regard to office clients, cases, projects, and work product. Students should be familiar with the Rules of Professional Conduct. SIP offers opportunities for students to discuss professional responsibility in practice and to apply the Rules to real situations. If there are other ethical rules or policies that govern the particular placement, these should be discussed as well. E. Relevant Office Policies and Chain of Command Students should be made aware of policies or practices regarding work production and lines of authority. It is helpful to clarify at the outset who may assign work to the student, what projects must be checked by the supervising attorney before they are typed or finalized, and which tasks can be done more informally or independently. Policies regarding dress code and general appearance, use of office equipment, and any other relevant office policies should also be addressed at an initial meeting. F. Schedule Regular Meetings We suggest that supervising attorneys and students schedule regular meetings, at least weekly, to discuss assignments and review work. Most placements ask students to check in daily and to seek out supervising attorneys whenever there is a question or a need for feedback. The important thing is to make sure there is a process for reviewing work and discussing relevant matters. It is helpful at such meetings to identify upcoming opportunities for student observation or participation in activities taking place in the office and to schedule time for debriefing regarding such experiences. This is also a good time to discuss preferred methods of communication within the office. Some supervising attorneys enjoy an open-door policy and encourage students to stop in whenever there is a question. Others prefer a more formal approach through appointments or daily briefings at set times. Understanding and articulating preferences will avoid miscommunication. This is also the time to articulate policies with respect to e-mail or text communication and the preferred format for memos or draft opinions. G. The Student’s Work Schedule Students should have a regular schedule so everyone knows when the student will be at work. This makes it easier for the placement and Supervising Attorney to identify assignments and observation opportunities and allows the student to become a regular part of the office. Students must advise supervising attorneys of any necessary changes in their schedules and obtain permission for such changes. 10 H. Layout of the Office and Library and Introduction to Others Students should be given a tour of the office which includes an overview of the library or other area where resources for research are available, introduction to support staff, receptionist, or other attorneys, and the student’s own workspace. This will help to make the student feel more comfortable and more a part of the office. I. Explanation of First Assignment. At the conclusion of the initial meeting, the student should be given a first assignment. We ask that Supervising Attorneys take the time to explain the assignment, set deadlines for submission and review, and encourage students to ask questions. See below, for more detailed suggestions for assignments and feedback. VI. ASSIGNMENTS A. Guidance on Assignments Supervising Attorneys should take time to make sure students understand assignments. It is recommended that assignments be given to students in writing when possible. This gives the student something to review later. The process of committing assignments to writing may also help the supervisor clarify precise issue for projects assigned. Students are also responsible for making sure they correctly understand assignments. Students should be prepared to write down and repeat back their understanding of the assignment, particularly if it is complex. There should be a clear understanding about deadlines, format, length, anticipated time the project should take, and context. It is helpful to identify starting resources. A checklist for clarifying assignments is attached. (Attachment “B“) B. Supervision by More than One Attorney A student may work with one or more attorney. Each office should appoint one attorney, however, as the overall student supervisor who will keep track of student projects and status and assist in prioritizing assignments. It is important that the student receive feedback on all assignments. VII. FEEDBACK Supervisor feedback is an essential part of the SIP experience. Attorney feedback will assist students in analyzing their performance and in determining what changes they should make in completing future assignments. Overall or general feedback should be provided in addition specific instruction on a given assignment or in response to a question from the student. Periodic assistance 11 might include references to useful resources, discussions of pertinent law, or help in understanding issues or strategy. Overall feedback, however, consists of specific data about the effectiveness of what the student did and, when necessary, alternatives to enhance future performance. Feedback should be detailed in terms of both substance and process. Point out explicitly where the work is effective, as well as where it could be improved. A. Student's Self Evaluation Students are expected to evaluate their own performances as well - both oral and written. Before the supervisor critiques, it is helpful to have a student first give his or her impressions of the performance. For example, the student should consider what s/he would do differently the next time. This question encourages the student to engage in reflective thinking – performing a task and then analyzing it and developing a theory for improved performance. B. Supervising Attorney Evaluation of the Student's Performance Students generally do want both positive and corrective feedback on their work. General statements such as "Good job" are not very useful. Students benefit instead from specific examples demonstrating the behavior being discussed. It is recommended that supervisors begin a critique with a general statement – positive if possible – about the student's overall performance. Follow the general evaluation with a specific critique. For example, in discussing a student-conducted interview, the observation, "You developed a nice rapport with your client," will be more meaningful if illustrated by objective concrete data: "I could see that you made the client feel comfortable when you said to her, 'I can see that you are concerned about this, Mrs. Jones, and I am going to do everything I can to assist you.’” Checklists for giving feedback and for maximizing the benefits of feedback are attached. (Attachments “C“ and “D“) VIII. FORMS In order to ensure student compliance with course requirements and professional responsibilities, as well as encourage open communication between Albany Law School, Supervising Attorneys, and placements we have developed a number of forms. Students submit most forms, including weekly time sheets, electronically on the “Assignment Drop Box” section of the TWEN site. The forms are explained below and attached in the Appendix. A. Course Requirements Students acknowledge their course requirements by signing and submitting a course requirements cover sheet. (Attachment “E”) B. Student Certificate Designating Compliance with Professional Ethics & Responsibilities All students are required to review the Rules of Professional Conduct and certify that they will comply with the Rules and with the responsibilities, ethics, and obligations of licensed attorneys. (Attachment “F”) 12 C. Student Educational Planning Form This form is reviewed and signed by both the student and supervising attorney. (Attachment “G”) D. Supervisor Interim Report Supervising Attorneys complete an interim report identifying areas of student strength and any issues of concern. Supervisors are encouraged to review their interim reports with students. They may also be reviewed, with supervisor permission, at the student’s mid-semester meetings with faculty. (Attachment “H“) E. Student Mid-Semester Report Form Students assess their placement experience and progress toward educational goals at mid-semester and submit a report to the faculty director. The report also assists the student and faculty to identify and address any difficulties the student may be having. (Attachment “I”) F. Time Sheets Students are required to turn in contemporaneously kept time sheets indicating hours worked and the nature of duties performed. We caution students to omit any confidential information from the time sheets. These records must document that the student met the minimum requirements to earn credit for their placement. (Attachment “J”) G. Student Evaluation of Placement and Program Students are required to complete an end of semester evaluation of their program and placement experience. (Attachment “K”) H. Placement Evaluation of Student and Program Supervising attorneys are also asked to evaluate the student and the SIP program at the end of the semester. The Placement Evaluation of Student and Program is also available on the Field Placement Clinic TWEN site under forms. We recommend that supervisors review the final evaluation with the student as well as part of an exit interview. (Attachment “L“) I. Memorandum of Agreement The Memorandum of Agreement confirms that placements will supervise law student interns in accordance with the objectives and requirements of the Semester in Practice program. It is usually reviewed and signed at a site visit or at the time a new placement is approved. (Attachment “M”) IX. ADDRESSING POTENTIAL PROBLEMS In most SIP placements, supervising attorneys and students benefit from a successful mentor/student relationship. Occasionally, there are concerns. We find that most problems can be 13 addressed internally through direct communication between supervisor and student. Please feel free to contact us, however, if we can assist or if our input is required. Please let the faculty director know if a student fails to appear on time or is unable to accomplish tasks assigned, if there is an uncomfortable relationship between a student and attorney or other member of an office, or if there are ethical issues relating to a student's professional responsibility toward the placement. We welcome input and suggestions from students and supervising attorneys. X. CONCLUSION We very much appreciate your willingness to participate in the Albany Law School Semester in Practice Program. You play an important role in the education and professional development of our students. Please let us know if there is anything we can do to assist you in working with our students as they make the transition from classroom to practice. ATTACHMENTS A. 2011-1012 ABA Standards and Rules of Procedure for Approval of Law Schools B. Supervising Attorney Assignment Checklist C. Best Practices for Providing Feedback D. Guidelines for Maximizing the Benefits of Feedback E. Course Requirements F. Certification Designating Compliance with Professional Ethics and Responsibilities G. Student Educational Planning Form H. Interim Progress Report I. Mid-Semester Report Form J. Time Sheet Guidance and Sample K. Student Evaluation of Placement and Program L. Placement Evaluation of Student M. Supervising Attorney’s Memorandum of Agreement N. U.S. Dept. of Labor, Wage & Hour Division, Fact Sheet #71: Fair Labor Standards Act 14 2011-2012 ABA Standards and Rules of Procedure for Approval of Law Schools http://www.americanbar.org/groups/legal_education/resources/standards.html Standard 302. CURRICULUM (a) A law school shall require that each student receive substantial instruction in: (1) the substantive law generally regarded as necessary to effective and responsible participation in the legal profession; (2) legal analysis and reasoning, legal research, problem solving, and oral communication; (3) writing in a legal context, including at least one rigorous writing experience in the first year and at least one additional rigorous writing experience after the first year; (4) other professional skills generally regarded as necessary for effective and responsible participation in the legal profession; and (5) the history, goals, structure, values, rules and responsibilities of the legal profession and its members. (b) A law school shall offer substantial opportunities for: (1) live-client or other real-life practice experiences, appropriately supervised and designed to encourage reflection by students on their experiences and on the values and responsibilities of the legal profession, and the development of one’s ability to assess his or her performance and level of competence; (2) student participation in pro bono activities; and (3) small group work through seminars, directed research, small classes, or collaborative work. Interpretation 302-1 Factors to be considered in evaluating the rigor of writing instruction include: the number and nature of writing projects assigned to students; the opportunities a student has to meet with a writing instructor for purposes of individualized assessment of the student’s written products; the number of drafts that a student must produce of any writing project; and the form of assessment used by the writing instructor. Interpretation 302-2 Each law school is encouraged to be creative in developing programs of instruction in professional skills related to the various responsibilities which lawyers are called upon to meet, using the strengths and resources available to the school. Trial and appellate advocacy, alternative methods of dispute resolution, counseling, interviewing, negotiating, problem solving, factual investigation, organization and management of legal work, and drafting are among the areas of instruction in professional skills that fulfill Standard 302 (a)(4). Interpretation 302-3 Attachment A A school may satisfy the requirement for substantial instruction in professional skills in various ways, including, for example, requiring students to take one or more courses having substantial professional skills components. To be “substantial,” instruction in professional skills must engage each student in skills performances that are assessed by the instructor. Interpretation 302-4 A law school need not accommodate every student requesting enrollment in a particular professional skills course. Interpretation 302-5 The offering of live-client or real-life experiences may be accomplished through clinics or field placements. A law school need not offer these experiences to every student nor must a law school accommodate every student requesting enrollment in any particular live-client or other real-life practice experience. Interpretation 302-6 A law school should involve members of the bench and bar in the instruction required by Standard 302(a)(5). Interpretation 302-7 [Reserved] Interpretation 302-8 A law school shall engage in periodic review of its curriculum to ensure that it prepares the school’s graduates to participate effectively and responsibly in the legal profession. Interpretation 302-9 The substantial instruction in the history, structure, values, rules, and responsibilities of the legal profession and its members required by Standard 302(a)(5) includes instruction in matters such as the law of lawyering and the Model Rules of Professional Conduct of the American Bar Association. Interpretation 302-10 Each law school is encouraged to be creative in developing substantial opportunities for student participation in pro bono activities. Pro bono opportunities should at a minimum involve the rendering of meaningful law-related service to persons of limited means or to organizations that serve such persons; however volunteer programs that involve meaningful services that are not law-related also may be included within the law school’s overall program. Law-related pro bono opportunities need not be structured to accomplish any of the professional skills training required by Standard 302(a)(4). While most existing law school pro bono programs include only activities for which students do not receive academic credit, Standard 302(b)(2) does not preclude the inclusion of credit-granting activities within a law school’s overall program of pro bono opportunities so long as law-related non-credit bearing initiatives are also part of that program. Attachment A ALBANY LAW SCHOOL SEMESTER IN PRACTICE SUPERVISING ATTORNEY ASSIGNMENT CHECKLIST* A key to any successful field placement is the ability of a supervising attorney to effectively give assignments to the law student intern. It is important that the student understand exactly what is expected. Below is a checklist to assist you in assigning work to law students in a manner that avoids confusion and increases productivity. Giving and Clarifying Assignments: Have you explained each assignment to your student (keeping in mind the relative inexperience of the student)? We recommend that assignments be given in writing when possible. This gives the student something to refer after your assignment meeting. The process of writing may also assist you in clarifying your goals for the assignment. Have you discussed the objectives of the assignment or project? Does the student know how the assignment fits into the overall case, project, mission, etc.? Have you provided deadlines for drafts? Final product? Have you communicated how much time you expect the student to spend on the project? Have you communicated the format you require or prefer? Have you provided any examples to assist the student in understanding your expectations? Have you provided guidance in terms of starting points? Have you given the student an opportunity to ask questions? Have you followed up with your student to clarify, review, and answer questions as the assignment progresses? *This checklist is based on material from the Greater Los Angeles Consortium on Externships (GLACE) N. Maurer, Spring 2008 Attachment B Best Practices for Providing Feedback* These are some guidelines for performing effective critiques: Be prepared to critique. Take time to organize your critique before delivering it. Be selective. Select one or two points on which to critique and fully develop these points. Start with a positive comment. People tend to be more open to constructive criticism if they hear it after being reassured of their “worth.” In every performance, there is something that can be praised. Be specific. Relate your critique to specific events in the student’s performance…To do this well, you need to take accurate, detailed notes during the performance. Be constructive. If you offer negative feedback, don’t just criticize but suggest alternatives of what the person could have done differently. Focus your critique on an area you think the student will be able to improve. Be succinct. Get to the point of your critique. Don’t ramble on. Be honest. Your job is not to be popular, but to help the student improve. Tell it like it is, but be supportive. Note what was done well, but only if it was done well. Take responsibility for your critique. Present the critique in the first person (“I think…”; “In my experience…”; “I think the practice is…”). Avoid presenting points of critique as universal principles unless, of course, they are (e.g., “Never address the court as “Hey, dude!”). Critique the performance, not the person. Do not be judgmental or sarcastic. Tell the person what you saw or heard and the effect it had on you. Don’t just label it as “good” or “bad.” Make the student a partner in the critique. Ask questions: “What were you trying to achieve?”; “What do you think went wrong?”; “What alternative approaches might you have tried?” Teach by example. A critique is a performance unto itself. People learn as much or more from how we say things as from what we say. Incorporate good communication skills into your critique. Use eye contact. Listen intently. Use gestures. Put emphasis in your voice. Be adaptable. Speak in plain English. Roy Stuckey, et al, Best Practice for Legal Education, Clinical Legal Education Association (2007) (Citing Ralph M. Cagle, Guide for Evaluators, in Hess and Friedland, Techniques for Teaching Law, Carolina Academic Press (1999) at 311-12) Attachment C Guidelines for Maximizing the Benefits of Feedback* To maximize the learning opportunities…you need your own “critique skills,” – that is, the techniques of how best to receive and implement critique. The following guidelines should be helpful to you: Listen to the critique with care and an open mind. Try not to take the critique as personal criticism. Don’t get defensive or immediately argue with or reject the critique. Be sure you are clear about what has been said. If you are not clear or don’t understand, ask. Focus on specifics. Try to learn as specifically as possible things you might do to improve your performance in the future. Keep your perspective. See the critique as offering you new choices, rather than dictating the one right way to do something. Clarify. If you disagree with the critique, respectfully – but directly – raise the issue and ask for comment (but only after the instructors have completed their critique). Ask questions. If you want feedback on a specific matter and didn’t receive it, ask (time permitting). Don’t overly rely on anyone person’s critique. Compare it, to the extent possible, with others’…Ask others who may know you and whom you trust about the substance of the critique. Pay careful attention to the critique of other [students]. This is an opportunity to learn additional aspects of the [lessons] involved. It also is a more objective perspective from which to observe the dynamics of the critique method. Look for ways to use the information. At the end of the critique session, ask yourself: “What do I know now (or know better) than before”? Write it down. That is the standard of success of a…critique… Say “thank you.” Look for opportunities to implement what you learned from the critique. Save your evaluation forms (self and faculty) or any notes of what you learned. Review them the next time you are about to perform the activity that was the subject of the critique. Learning about law practice is an incremental process. *Roy Stuckey, et al, Best Practice for Legal Education, Clinical Legal Education Association (2007) (Citing Ralph M. Cagle, Guide for Evaluators, in Hess and Friedland, Techniques for Teaching Law, Carolina Academic Press (1999) at 312-13. Attachment D Albany Law School Semester In Practice COURSE REQUIREMENTS 1. Attend mandatory Orientation for SIP. 2, Prepare an Educational Planning Form and review it with the supervising attorney. Provide a copy to the Faculty/Program Director. 3. Intern at the placement an average of 35 hours per week for the 14-week semester (a minimum of 490 hours); 4. Follow through on all assignments given by the supervising attorney; 5. Seek and facilitate feedback from the supervising attorney and other attorneys as appropriate; 6. Keep a daily journal of legal activities and personal reactions and submit weekly to Albany Law Faculty/Program Director; 7. Keep contemporaneous time sheets and submit weekly to Faculty; 8. Participate in all SIP classroom discussions whether conducted electronically via computer, by phone, or in person; 9. Complete all classroom assignments and journal entries as directed by Faculty; 10. Complete a mid-semester report and submit it to Faculty at mid-semester; 11. Complete final evaluation of the placement and Semester in Practice program and submit to Faculty at the end of the semester; 12. Immediately report any problems or concerns you have about your placement experience to the Faculty/Program Director; and 13. Take responsibility for your own learning. Student Name (print) ___________________________ Signature_______________________________ Submit this form on TWEN Attachment E Albany Law School Semester in Practice CERTIFICATION DESIGNATING COMPLIANCE WITH PROFESSIONAL ETHICS AND RESPONSIBILITIES Student’s Name: Student’s Home Address: Student’s Phone Number: Agency/Office Placement: Agency/Office Placement Address: Agency/Office Placement Phone Number: Supervising Attorney’s Name: I certify that I have read and am: 1. familiar with and will comply with the Rules of Professional Conduct that govern my placement and the jurisdiction in which I intern. 2. neither entitled to ask for nor receive compensation of any kind from anyone in connection with this service in the above office. Student’s Printed Name: _________________________________________________________ Student’s Signature: _______________________________________ Date: _______________ Submit this signed form on TWEN Attachment F Albany Law School Semester in Practice STUDENT EDUCATIONAL PLANNING FORM Student’s Name: Placement: 1. Please state your primary goals to be derived from this placement experience. a. b. c. 2. Possible mechanisms to achieve each of these goals. Goal 1. Goal 2. Goal 3. 3. Please state your present areas of strength (e.g., research skills, writing, issue identification, reasoning, oral advocacy, interpersonal skills, etc.) 4. Please indicate your areas of weakness. Supervising Attorney’s Signature: Student’s Signature: Date: ________________________________________________________________________________ Complete this Educational Planning Form. This is to assist you in formulating goals for the semester. Review it with your on-site supervising attorney at the outset of your placement and have the Attorney sign to acknowledge this discussion then submit it via TWEN. Attachment G ALBANY LAW SCHOOL SEMESTER IN PRACTICE - Interim Progress Report Field Placement ________________________Supervising Attorney _______________________ Student__________________________________________Date__________________________ Please evaluate the student’s performance to date. Additional comments are helpful. 1. Has the student been able to begin developing professional legal skills? Please identify the types of opportunities available or tasks assigned. 2. Have you been able to consistently provide the student with meaningful feedback regarding his or her performance and/or the activities the student has observed? 3. Are there any areas of concern regarding the student’s performance or professionalism? If so, please identify? Have you discussed your concerns with the student? 4. How would you characterize the student’s: a. Greatest strengths: b. Areas in need of improvement: 5. How would you evaluate your student’s overall performance to date? Superior ____ Satisfactory _____ Unsatisfactory ____ 6. May we share this report with your student? ____Yes ____No Please mail or e-mail this form to: Prof. Laurie Shanks Albany Law School 80 New Scotland Ave Albany NY 12208 Phone: 445-3227 E-mail: LShan@albanylaw.edu Attachment H Albany Law School Semester in Practice MID-SEMESTER REPORT FORM Student Name: Agency/Office Placement: Bureau/Division if applicable: Supervising Attorney(s): Date: TIME SHEETS SUBMITTED: [ ] YES [ ] NO TOTAL MID-SEMESTER HOURS ______________AS OF______________________ 1. Briefly describe the tasks you have been assigned: 2. How are assignments made? 3. Please describe the process by which you receive feedback on your work and the nature of the feedback (verbal, written detailed, constructive, limited) 4. Please review your education goals identified at the beginning of the semester. Are you making progress toward these goals? Explain. 5. Most beneficial aspect of the placement: Attachment I 6. Any areas of concern: 7. Any assistance the Clinic can provide? Suggestions for improvement? 8. Would you recommend this placement to another student? [ ]Yes [ ]No 9. Any advice for a student who wishes to consider this placement in the future: 10. Have you found course materials (handbook, resources on TWEN, journal responses) to be helpful? [ ] Yes [ ] No Explain: 11. Have you found the classroom component (discussion forums) to be beneficial to you? [ ] Yes [ ] No Explain: 12. Suggestions or comments: Submit this Form on TWEN Attachment I ALBANY LAW SCHOOL SEMESTER IN PRACTICE TIME SHEET AND DESCRIPTIONS OF LEGAL TASKS Attached are a sample Time Sheet and a list of legal tasks Field Placement students have routinely performed at prior placement offices. The list of legal tasks is not exhaustive, and if you spend time on an activity that does not appear on the list, please set forth your description of the activity on your time sheet. You should make time entries on a one-quarter (1/4) hour basis. For example, ¼ hour = .25, ½ hour = .50, ¾ hour = .75. Just as in a professional law office, you must maintain the time sheets in a contemporaneous manner, i.e., every day that you work at your placement location, you must complete a time record. The time record must describe the legal task in such a way as to enable us to tell the type of task you are performing, and enough specifics to know the quality and breadth of such task. You, of course, must do so without divulging any confidences if you are working on a particular client’s case or on a judicial decision. Cases need not be identified by name, but may be assigned a number by each student. The purpose of case identification is solely to quantify the breadth of student exposure to different matters during the course of a semester’s placement. The time sheets assist SIP in assessing and comparing the types of legal tasks that students participate in at each placement. It is also used to verify the time each student spent working. Students please note: Travel time to and from your Placement may NOT be counted toward the hours required each semester. DESCRIPTION OF LEGAL TASKS Interviewed Client Attend Conference Prepare Client File Prepare for Conference Research Procedure Prepare for Trial Draft Pleadings Review File(s) Research Substantive Law Travel (case related) Draft Motion Papers Court Time Draft Decision Data Base Research Draft Orders Draft Memorandum/Brief Draft Opinions Phone Call to Client File Papers Phone Call (other) Draft Correspondence (case related) Meeting with Supervising Attorney Attachment J SAMPLE ONLY SEMESTER IN PRACTICE TIME SHEET PLEASE NOTE: TRAVEL TIME TO AND FROM YOUR FIELD PLACEMENT AND ATTENDANCE AT THE REQUIRED CLASS COMPONENT MAY NOT BE COUNTED TOWARD THE 168 HOURS REQUIRED PER SEMESTER. Attachment J Attachment J ALBANY LAW SCHOOL SEMESTER IN PRACTICE STUDENT EVALUATION OF PLACEMENT AND PROGRAM Placement Office: _____________________________________________________ Student’s Name: _____________________________________________________ Date: _____________________________________________________ Part 1: Questions About Placement 1: What percentage of your time was spent: (a) observing in court or administrative hearing? ______ (b) participating in court or administrative hearings? ______ (c) doing legal research? ______ (d) doing factual investigation? ______ (e) working with clients? ______ (f) dealing with the public? ______ (g) writing legal memos or briefs? ______ (h) drafting legal documents? ______ (i) meeting with supervising attorneys ______ (j) doing “clerical” work? ______ (k) other - specify (e.g., attending public hearings, office meetings?) ______ 2. Were you given adequate supervision? ___ Please explain: (e.g., Did supervising attorney(s) explain assignments, review your work, how often did you meet, etc.) 3. Did you make progress toward your educational goals? Please explain and describe your progress using specific examples: 4. Were the facilities adequate to perform your assignments? (library, workspace) If not, in what ways were they lacking? 5. In what ways was your experience in SIP most valuable to you? Please explain. Attachment K 6. In what ways, if any, was your experience disappointing to you? Please explain. 7. What should future students know about your placement? 8. General comments and suggestions: 9. Placements often ask for feedback from students: Have your shared your comments with your Supervising Attorney? __Yes __No May we share your comments with your Supervising Attorney? __Yes __No NOTE: Albany Law School would like to keep your placement evaluation on file for review by interested students. Please check below as appropriate: You may share this evaluation with others. I prefer that my evaluation be kept confidential. You may share this evaluation if you remove my name. (SEE NEXT PAGE FOR PART 2) Attachment K Part 2: Questions about Semester in Practice Program, Materials, and Classes 1. Did you receive sufficient assistance and guidance from Albany Law School regarding your placement experience? Please explain. 2. Did you refer to materials or resources on TWEN? If so, which were most useful? Do you have suggestions for materials? 3. Please comment on SIP Orientation: a. What aspects of the SIP Orientation were most useful/meaningful to you? Please explain. b. Was there a part of Orientation that was not useful/meaningful to you? If so, please explain. c. What suggestions do you have for improving Orientation for next semester? 4. Please comment on the journals and discussion forum component of SIP. In what ways did the journals or discussions broaden your experience, or assist you in understanding or appreciating your placement experience? (e.g., help you reflect) 5. Other comments or suggestions: Submit this form on TWEN Attachment K ALBANY LAW SCHOOL SEMESTER IN PRACTICE PLACEMENT EVALUATION OF STUDENT Student's Name: ___________________________________________________ Office Placement: __________________________________________________ Supervising Attorney(s): _____________________________________________ Date: ___________________________________________________ 1. Please describe briefly the types of legal tasks, assignments or other activities performed by this student. 2. Did the student perform his/her assignments satisfactorily?_______ Please explain. 3. Please describe the progress the student made during the course of the semester. (e.g. improvements toward the educational goals identified at the beginning of the semester, using examples where possible): 4. What other benefits do you think the law student derived from this placement? 5. Please describe the student’s areas of strength: Attachment L 6. Please identify areas for future growth: 7. Please describe the student’s level of professionalism: 8. Do you have any concerns regarding the student’s performance? 9. Did the student spend the required amount of time (490 hours for the semester) at your office? ____ YES ____ NO 10. How much time per week did you spend supervising the student (including explaining assignments, reviewing written work, preparing and discussing cases, etc.)? __________Hours 11. Do you recommend that this student receive credit? ___YES ___NO 12. Have you reviewed this evaluation with the student? ___YES ___NO 13. May we share your comments with the student? ___YES ___NO 14. Would you be willing to host another Albany Law student intern in the future? ____ YES _____ NO 15. Please provide comments or suggestions you may have regarding the Semester in Practice program. (e.g., Did you receive sufficient information about the program, was the amount of paperwork acceptable, was Albany Law faculty available to you and/or the student as necessary, etc.?) Please return via mail or e-mail: Prof. Laurie Shanks LShan@albanylaw.edu Albany Law Clinic & Justice Center 80 New Scotland Avenue Albany, NY 12208 Phone: 518-445-3227 Attachment L ALBANY LAW SCHOOL SEMESTER IN PRACTICE (SIP) Supervising Attorney’s Memorandum of Agreement Field Placement Office: _________________________________________________________ Location: ____________________________________________________________________ Supervising Attorney:___________________________________________________________ I agree to the following conditions for participating in the ALBANY LAW SCHOOL SEMESTER IN PRACTICE: 1. I have read the Semester in Practice Handbook and agree to follow the education goals stated therein. 2. I understand that the purpose of the program is to allow the student to experience working as a lawyer, including exploring ethical and professional responsibility issues. 3. The assignment, work, and feedback process will be in accord with the Supervising Attorney Handbook. 4. The student will be given assignments that are representative of the Supervising Attorney's work. Where appropriate, the student will be certified to appear in court and or personally represent a client under attorney supervision. 5. Student assignments will be as challenging as the student can reasonably handle. 6. The required working time for the student is a minimum of 490 hours for the semester (approximately 35 hours per week for 14 weeks). 7. Student research will be assigned in the context of real cases, issues, or other projects in which the placement is involved. When assigning research, any relevant case files will be made available to the student. 8. The student will participate in all aspects of cases where possible, including, but not limited to, client interviewing, counseling, case planning, discovery, fact investigation, trial preparation and trial. 9. Law student interns will not be assigned clerical tasks, e.g., filing, photocopying, library updating, indexing, unless such tasks are specifically related to an educational activity. 10. I agree to complete, review with the student, and submit an interim progress report at mid- semester and a final placement evaluation of student at the end of the semester. ______________________________________ _______________________ Supervising Attorney Date Submit this form on TWEN Attachment M