FORDHAM UNIVERSITY SCHOOL OF LAW
CLINICAL EXTERNSHIP PROGRAM
OUT OF TOWN EXTERNSHIP SEMINARS
SYLLABUS – SUMMER 2013
Professor Beth G. Schwartz
Office:
33 West 60th Street, Room 341
e-mail:
bschwartz@law.fordham.edu
Telephone:
(212) 636-6821
Seminars:
Tuesdays 7:30-9 PM EDT, May 28th, June 11th, June 25th, and July 9th
Wednesdays 1-2:30 PM EDT, May 29th, June 12th, June 26th, and July 10th
PROGRAM GOALS
Externship students are expected to:
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Develop and improve lawyering skills, including: legal research and analysis, interviewing,
counseling, negotiation, fact development and analysis, oral and written communication in a
legal context, drafting of legal documents, collaboration, self-evaluation, and other
professional skills needed for competent and ethical legal practice
Expand their knowledge and gain a deeper understanding of substantive and procedural law
Begin to develop a professional identity, by gaining familiarity with applicable ethical
guidelines and the values of the legal profession
Observe and analyze various legal institutions, organizations, and the judicial system
METHODS
In the externship fieldwork, students should be provided with multiple opportunities for achieving
the goals identified above, as well as the more individualized goals developed in collaboration with
the Supervising Attorney and incorporated into the Statement of Goals. Students should be fully
engaged in the work of the field placement, performing tasks that are assigned, monitored, and
evaluated by a Supervising Attorney.
In the externship seminar, students reflect on their field placement experiences and observations.
Students also might focus on various lawyering skills including, but not limited to, legal research and
analysis, fact investigation, and drafting of legal documents. Students also might concentrate on
particular aspects of substantive or procedural law. The externship seminar meets approximately
every other week throughout the semester.
COURSE MATERIALS
There are a number of Externship Program requirements that pertain to all externship students,
regardless of their placement or seminar. The materials and forms that are applicable to these
program requirements are posted on TWEN in the “General Program Materials.” These include,
among other things, the Handbook for Supervising Attorneys, forms for the Statement of Goals and
Time Records, and the Acknowledgment of Program Requirements. This syllabus and all assigned
readings and writing assignments that apply to this particular seminar are also posted on TWEN.
ASSIGNMENTS
All assignments, including completed Time Records, are to be posted in the appropriate Assignment
Drop Box on TWEN. Due dates are set forth in this Syllabus and on TWEN. Writing assignments
must be double-spaced, with 12-point font and 1” margins.
TIME RECORDS
Time Records must provide sufficiently detailed descriptions of the work performed. Please review,
for guidance, the Sample Time Record that is posted on TWEN. Time Records must be signed by
the Supervising Attorney and should reflect a minimum of 20 hours of fieldwork per week for at
least eight weeks during the summer session.
Signed Time Records are to be posted on TWEN on these dates:
 Monday June 10th
 Monday June 24th
 Monday July 8th
 Thursday July 18th
Each Time Record should reflect work performed through the previous weekday.
JOURNALS
Externship students are expected to maintain written journals during the time they participate in
fieldwork. Journals should include your record of work performed (i.e., details about how time is
spent) and reflections on your experiences and observations. Student externs will not be asked to
show their journals to either their seminar professor or Supervising Attorney; however, students are
expected to rely on their written journals in preparing their seminar assignments and time records.
GRADES
Fieldwork grades are pass/fail. In order to receive a pass, students must meet these requirements:
 Submit all Assignments for the First Week of Fieldwork
 Satisfactory performance of fieldwork, as reported by Supervising Attorney
 Submission of Time Records signed by Supervising Attorney reflecting at least 20 hours of
work per week for a minimum of eight weeks
 Timely submission of all End-of-Semester Assignments
Students receive a letter grade for the Externship Seminar. Grades are based on:
 Written assignments (other than the class presentation memo) – 50%
 Participation in seminar discussions – 30%
 Class Presentation (including memo and choice of background reading) – 20%
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For Written Assignments, the following grading guidelines apply:
A
Written product reflects excellent preparation, insight, and familiarity with assigned readings,
has been proofread, is submitted in a timely fashion, and meets all other requirements.
AWritten product reflects very good preparation and familiarity with assigned materials.
Student work is, for the most part, clear and insightful.
B+
Written product reflects good preparation and adequate familiarity with assigned materials.
B or below
Written product is weak in comparison to other students’ work; or is incomplete; or
does not reflect familiarity with assigned materials; or fails to meet deadline or other instructions.
0
Student fails to hand in written assignment.
For Class Participation and Class Presentations, the following grading guidelines apply:
A
Student consistently engages in discussions and offers insightful comments. Participation
demonstrates familiarity with assigned materials. Attendance and punctuality are excellent. Class
presentation is engaging and meets time limit. Choice of background reading is very good.
AStudent usually engages in class discussions and offers insightful comments. Participation
usually demonstrates familiarity with assigned materials. Attendance and punctuality are very good.
Class presentation and selection of background reading are very good.
B+
Student sometimes participates in class discussions and appears reasonably engaged.
Participation demonstrates reasonable familiarity with assigned materials. Attendance and
punctuality are good. Class presentation and selection of background reading are good.
B or below
Participation and class presentation are weak in comparison to other students’; or
student does not consistently participate in class discussions or appear engaged; or participation
reflects a lack of familiarity with assigned materials; or student is excessively late and/or absent.
ASSIGNMENTS FOR THE FIRST WEEK OF FIELDWORK
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Read the Handbook for Supervising Attorneys (including the Appendix)
Print the Handbook for Supervising Attorneys and give it to your supervisor, along with the
Acknowledgment of Program Requirements
Post the Acknowledgment of Program Requirements, signed by your Supervising Attorney,
on TWEN*
After collaborating with your supervisor to develop your Statement of Goals, post the
completed version, signed by your Supervising Attorney, on TWEN*
Notify your seminar professor by email of the name, title, and contact information
(telephone and e-mail address) of your Supervising Attorney
*If scanning isn’t possible, please notify Prof. Schwartz and alternatives will be explored.
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CLASS ONE: May 28th and May 29th
Getting Oriented/Professional Obligations/Supervision
Assigned Readings
 This Syllabus (in its entirety)
 Rule 1.6 of the NY Rules of Professional Conduct, with comments
 Review the website of your field placement organization/agency/court
Writing Assignment
Requirements: This assignment should be a minimum of 500 words, double-spaced, with
1” margins and using 12-point font.
Deadline: Post on TWEN by 12 noon Sunday May 26th
All students should be able to answer the following questions about their field placement and
confidentiality regardless of whether they have started working at their placements.
Describe Your Field Placement and Its Work
1. Is there a stated “mission” of the agency, organization, or court? If so, what is it? If there
isn’t a stated mission, what do you understand to be the goals of, or the interests served by,
the agency, organization, or court?
2. Describe the work of the attorneys at your fieldwork agency, organization, or judge’s
chambers. For example, if you are working at an agency or organization, what types of legal
matters do attorneys handle and who are the clients? If your placement is with a judge,
describe the types of matters to which the judge is assigned (e.g., civil or criminal, any limits
on subject matter jurisdiction).
3. Whose interests are served by the work of your field placement?
4. Explain your reasons for choosing to work at this particular placement. (Please be honest.)
Confidentiality
As a student extern, you will be part of a legal team and, as such, obligated to follow the same rules
as lawyers with respect to confidentiality about the clients you represent and also with respect to
sensitive matters learned in the workplace. Because of this, challenges may arise when student
externs discuss their fieldwork experiences with their classmates, seminar professor, and others.
1. Have you discussed workplace confidentiality, as distinguished from client confidentiality,
with your supervisor or anyone else at your placement and/or were you provided with any
written materials that describe the office’s policy? If so, what is the agency or organization’s
policy about maintaining workplace confidentiality? If not, describe your plan for finding
out about the agency or organization’s policy with respect to workplace confidentiality.
2. How do you propose to share practice-related experiences with your classmates and seminar
professor in an ethically appropriate manner?
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CLASS TWO: June 11th and June 12th
Developing and Improving Research Skills
A Research Librarian will join us for this seminar.
Assigned Reading
 Fordham Law School Research Manual for Externs
Writing Assignment
Deadline: Post on TWEN by 5 PM Wednesday June 5th
*Please include your name and field placement agency/organization/court with this assignment.
Submit at least three questions for the Research Librarian about any of your current research
assignments. If you do not have a current research assignment about which you have questions,
describe a legal research issue which you anticipate facing this summer. If you can’t anticipate any
research assignments, describe a hypothetical one that might challenge you.
-------------------MID-SEMESTER REFLECTIONS & PRE-PRESENTATION ASSIGNMENT
Deadline: Both assignments below are required to be posted by 12 noon Sunday June 16th
Mid-Semester Reflections Writing Assignment
Requirements: This assignment should be a minimum of 650 words, double-spaced, with
1” margins and using 12-point font.
1. Describe your assignments and tasks, to date.
2. What is the process for how you receive assignments? Do you have any input in this
process? Are you satisfied with the process?
3. Describe your Supervising Attorney’s model for providing feedback. Are you satisfied with
this model? If not, how could the model be improved? Have you made any efforts to
obtain additional or more helpful feedback? If yes, describe those efforts.
4. Reflecting on the work you have performed to date, what activities and assignments have
been most rewarding for you? What activities and assignments have been least rewarding?
Explain the reasons for your answers.
5. Review the Statement of Goals you developed during the first week at your placement.
Have you made progress toward each of the goals you identified? If not, what do you think
are the obstacles to achieving those goals? Have your goals changed in any way?
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Pre-Presentation Assignment
Post on TWEN:
1. A brief memo (one to two pages, double-spaced) describing the topic or issue you plan to
discuss in your class presentation (third or fourth seminar), including a brief description of
the relevant facts and law; and
2. A short background reading (maximum of seven pages) for other students to read in order
to become familiar with the topic before your presentation.
MID-SEMESTER CHECK-IN
**Individual telephone calls with Professor Schwartz will be scheduled between Wednesday June
19th and Monday June 24th. Students should be prepared to discuss the above assignments.**
-------------------CLASS THREE: June 25th and June 26th
The Future of Legal Education & Student Presentations
Assigned Readings
 Background Readings for Student Presentations (to be posted)
 Estreicher, “The Roosevelt-Cardozo Way: The Case for Bar Eligibility After Two Years of Law
School,” NYU School of Law Public Law & Legal Theory Research Paper Series, Nov. 2012
 RULES OF THE COURT OF APPEALS FOR THE ADMISSION OF ATTORNEYS
AND COUNSELORS AT LAW:
§ 520.3 Study of Law in Law School (revised as of 4/1/12)
§ 520.16 Pro Bono Requirement for Bar Admission (effective 1/1/13)
 Frequently Asked Questions – Pro Bono Requirement (revised 10/1/12)
http://www.nycourts.gov/attorneys/probono/FAQsBarAdmission.pdf
Writing Assignment
Requirements: This assignment should be a minimum of 650 words, double-spaced, with
1” margins and using 12-point font.
Deadline: Post on TWEN by 12 noon Sunday June 23rd
1. When Judge Lippmann announced the new pro bono requirement for applicants to the New
York State bar, he described it as part of a larger initiative to expand access to the civil legal
system for those who cannot afford a lawyer. According to Judge Lippmann, only 20
percent of the need for legal services is being met in New York.
Do you believe Rule 520.16 is an effective measure for expanding access to civil legal
services for indigent and low-income New Yorkers? Can you think of any ways in which the
pro bono requirement for bar admission is inconsistent this purpose? Can you think of any
other potential solutions to the problem of unmet legal needs in New York State?
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2. (a) What are your thoughts about Prof. Estreicher’s proposal that applicants be permitted to
sit for the bar exam after completing 60 credits at an approved law school?
(b) Would your opinions about Prof. Estreicher’s proposal be different if an apprenticeship
requirement were also included? Why/why not?
3. What is your answer to the following question posed by Prof. Estreicher:
“What is lost by allowing students to sit for the bar after only two years of law school?”
-------------------CLASS FOUR: July 9th and July 10th
Student Presentations (continued)
Assigned Readings:
 Background Readings for Student Presentations (to be posted)
-------------------END-OF-SEMESTER ASSIGNMENTS
The deadline for each of the following assignments is July 18, 2013:
1. Writing Assignment – Final Reflections (format posted in General Program Materials)
2. Complete the online field placement evaluation (the link will be e-mailed to you)
3. Remind your Supervising Attorney to complete and submit to the Externship Program
his/her evaluation of your fieldwork
4. Make sure you have submitted Time Records signed by your Supervising Attorney that
reflect at least 20 hours of fieldwork per week for a minimum of eight weeks
An extension of the deadline for final Time Records may be granted, but only if you make the
request (by email to Prof. Schwartz) no later than Monday July 15th.
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