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General Information
Credit Allocation
The New York Court of Appeals limits the number of clinical or
"non-classroom" credits that applicants for admission to the
New York Bar may take to no more than 20. The credit allocation in
some of the clinical programs is divided between "clinical"
credits awarded for field work and non-clinical seminar credits awarded
for the classroom seminar component. Be sure that when you plan your
overall program, the total number of non-academic credits does not
exceed the 20-credit limit.
Differences Between the Client
Representation Clinic and the Experience in an Externship or a
Simulation Clinical Program
The central purpose of all
clinical programs is to help students make the transition from doing
what students or law clerks do to doing what lawyers do, and to make
this transition in a thoughtful, purposeful manner. What distinguishes
the client representation programs is that the student is the lawyer
-- not the assistant, not the researcher, but the lawyer. Supervising
attorneys are available for consultation, but the students, not the
supervisors, represent the clients and make the decisions. There are
remarkably few limits on what lawyering work clinical interns can do,
other than those that are self-imposed. In essence, you are an
associate in a small, public-interest law firm or public-sector
office.
The major difference between a
client representation clinic, and the experience you may have in a
summer job or an externship, is that in the clinic you are able, and
expected, to take front-line responsibility, albeit in the context of
an educational environment with continuing guidance, supervision, and
feedback. Because clinics operate under a Student Practice Order, you
are permitted to engage in the practice of law on behalf of clinic
clients, and to perform lawyers' tasks that otherwise would be illegal
for you to do. In most externships and paid employment, you can
only assist the working lawyer, who remains primarily responsible.
(Administrative law settings, such as in our Legal Services/Public
Interest/Health Law Externship and the Environmental Law Externship,
present unusual opportunities for student representation of clients,
because at administrative hearings non-lawyers often are permitted to
provide representation.)
As a clinic or an externship or
simulation participant, the bulk of your time will not be spent in
class. You will be doing the work needed on your cases: research,
drafting, interviews of clients and witnesses, meeting with colleagues
and supervisors, telephone calls, correspondence, depositions or
hearings, court appearances, and so forth. Everything you do will be
planned and later reviewed with your supervisor, but you are
responsible for making sure that the case proceeds forward and the
work gets done.
In addition to field work, all the
programs have a seminar component. The seminar is not intended to do
more of what law students are accustomed to doing, i.e., accumulating
information in a fairly systematic, somewhat passive manner, through
readings and lectures. Rather, the seminars are designed to make sure
that your lawyering experiences constitute a coherent, well-organized
educational program, not just "exposure to the real world."
Seminars provide you with the tools you need in your work, and arise
out of your work: when a case, or group of cases, raises issues of
general significance, it makes sense to address these issues in a
seminar format. Students should expect to contribute to discussion,
not just take notes. Occasionally you may be called upon to conduct a
seminar in an area in which you've developed some expertise.
All clinical courses are graded,
usually, with two separate grades awarded for the clinical and the
academic components. In addition, in the client representation
programs we use a separate evaluation form to provide detailed
feedback to students on their progress as developing lawyers.
Clinic and externship program
graduates may tell you that the clinical experience gave real meaning
to the doctrine they learned in other courses, and, by crystallizing
what they had learned, helped them with the bar examination. Often
students say that their clinic experience impressed prospective
employers. An almost universal reaction is a sense of having moved a
long way down the path of truly becoming a lawyer, and of having begun
to learn the single most critical skill a lawyer can possess: how to
go on learning, long after law school, from observing one's own
performance and the work of other lawyers.
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