PRACTICAL WISDOM
for a degree in
Practicing Professionalism in
Legal Externships
Externship Orientation
May 20, 2013
www.wmitchell.edu
Purpose of Legal Externships
• Learning to put to practice skills you’ve
learned in the classroom, such as legal
research & writing.
• Learning new areas of law that you are
interested in.
• Learning how to become a legal
professional.
Learning how to become a legal professional.
• Understanding the legal rules that apply to
the practice of law = Rules of Professional
Conduct.
• Understanding supervisor/supervisee roles
= Getting the most our of your externship.
• Understanding power imbalances inherent
in these relationships = Creating your
professional image and ensuring safety.
Externship Orientation:
Ethical Issues in Externship
Prof. Sarah Deer
Getting the Most Out of Your Experience: Being a Good Supervisee
& a Professional
Melissa Wright, Externship Director
Eric Johnson, St. Croix County District Attorney
Jean Backes, Administrative Coordinator, Clinics & Externships
Safety & Setting Boundaries Between Students & Field Supervisors
Kathy Connolly, LCSW
Mary Gale, VP Human Resources
PRACTICAL WISDOM
for a degree in
Ethical Issues in Legal Externships
Professor Sarah Deer
www.wmitchell.edu
Overview of Ethical Rules
• Minnesota attorneys are governed by the
Minnesota Rules of Professional Conduct
• Official rules are available free online at
http://lprb.mncourts.gov/rules/Pages/MRPC
.aspx
Important Ethical Issues
ISSUE
RULE(S)
Confidentiality
1.6
Conflicts of Interest
1.7, 1.8, 1.9
Communication with parties
4.2, 4.3
CONFIDENTIALITY:
General Default Rule
1.6(a)
Lawyer shall not reveal any information
relating to the representation of a client.
Confidentiality: What has to be protected?
• All information related to the matter, except
what is “generally known”
• Personal information that the client would not
want disclosed
• Information learned from the client as well as
other sources
• Information acquired before representation
begins and after representation ends
• Notes/memoranda that lawyer creates relating
to the matter
Exceptions to Confidentiality
1.6(a)
• Informed consent
• Impliedly authorized
• Everything in 1.6(b) – but note that these
are permissive exceptions, not mandatory
• As an extern, we recommend that you seek
permission before proceeding under an
exception.
Examples of 1.6 Exceptions:
Proceed with Caution!
• Prevent reasonably certain death or
substantial bodily injury
• Prevent client from committing crime or
fraud
• To secure legal advise about the lawyer’s
compliance with Rules (any rule)
Rule 1.6 Confidentiality
Reasonably
Exceptions in Orange/Red
certain
death or
substantial
bodily harm
Self-defense
(fee dispute,
malpractice)
Intent to
commit fraud
causing
substantial
financial harm
using your
services
Required to be
disclosed by
court order
Everything related to representation
(regardless of source)
Prevent/mitigate
financial harm if
client used your
services
Information
needed to
obtain legal
ethics advice
Client authorization: Express or Implied
Talking to friends and family
• Rule 1.6 does not make exceptions for
friends and family.
• A literal reading of the rule might suggest
that you should not discuss your externship
work at all.
• If in doubt, keep confidential.
Privilege
Source
Kind of
information
covered
Disclosure v.
Use
Confidentiality
Exclusionary rule of
evidence law
Only confidential
communications
between attorney
and client
Rule of Professional
Conduct
Communications
covered by privilege
PLUS any other
information, no matter
what the source
Prevents
government from
compelling
disclosure
Prohibits lawyer from
disclosing without
consent or using
information to the
disadvantage of past,
present, future clients
If Communication is Privileged…
• Lawyer can’t be forced to testify
-Lawyer may not testify over client’s objection
• Client can’t be forced to testify
-Client may waive the privilege even if lawyer
objects
• Paper and electronic records are also
protected
Scenario 1
After spending a full day at her externship placement, Sue
arrived at Mitchell to attend an evening class. She
stopped to greet Tony, a friend and classmate who was
working at the security desk. Sue tells Tony that she
spent most of her day observing witness preparation with
her field supervisor at the City Attorney’s Office. Sue
explains that the case was on the front page of the Star
Tribune not long ago which detailed the story of a highly
ranked St. Paul police officer who allegedly beat up a
young, unarmed Asian man during an arrest. Sue goes on
to tell Tony that she learned today that the police officer,
whose name was withheld in the news story, is also Asian.
Sue continues to inform Tony that the police officer and
the teen-ager were related and their families have a
history of bitter rivalry and infighting.
Scenario 2
Jenny is having dinner at Chipotle on Grand and
Victoria with Sam, her housemate and
classmate. Jenny is two weeks into her new
externship at an estate planning law firm in St.
Paul. During their dinner, Sam asks Jenny how
her externship at Dell & Associates is going.
Jenny tells Sam that the law firm does estate
planning for many well-known people in the Twin
Cities. Jenny continues on that the law firm just
hit a major jackpot with new clients who are the
parents of the catcher on the Minnesota Twins.
Goals of Conflicts Rules
1.
Conflicts can create an unacceptable risk
that the lawyer will fail in duty of loyalty
and/or confidentiality.
2.
Trust and confidence of clients may be lost
or diluted if they feel their position is
threatened.
(In other words, there is no assumption that a
conflict WILL ALWAYS harm the client)
Types of conflicts
1. Conflicts between two of lawyer’s clients
2. Third party attempts to interfere in the
relationship between attorney and client
3. Lawyer has a personal interest that is in
conflict with the interests of the clients
Types of conflicts
CONCURRENT CONFLICT
• Two present clients
SUCCESSIVE CONFLICT
• One present or prospective
client
OR
AND
• One present client and one
prospective client
• One former client
Difference between 1.7 and 1.9
Present clients – 1.7
Representation may be
problematic regardless of
the subject matter of the
two representations
Former clients – 1.9
Representation may raise
a problem only if there is a
“substantial relationship”
between the work done for
the former client and the
new matter.
Rule 1.7(a)
Conflict of Interest – Current clients
DEFAULT RULE
• A lawyer shall not represent a client if the representation
involves a concurrent conflict of interest.
• A concurrent conflict of interest exists if (either of these):
– Representation of one client will be directly adverse to
another client OR
– Significant risk that the representation of one or more
clients will be materially limited by lawyer’s
responsibilities to another client
Rule 1.9(a)
Duties to former clients
A lawyer who has formerly represented a client in a
matter shall not thereafter
– represent another person in the same or a
substantially related matter [and]
– In which that person’s interests are materially
adverse to the interests of the former client
UNLESS the former client gives informed consent in
writing.
Rule 1.10
While lawyers are associated in a firm, none
of them shall knowingly represent a client
when any one of them practicing alone would
be prohibited from doing so by Rules 1.7 or
1.9.
Scenario 3
Ryan is selected to work on the Innocent
Project next month through MJF. The work
will involve reviewing court documents
relating to convictions to determine if there
are cases that should be reviewed further due
to advancements in technology. The case
review is to determine if there are convictions
that could be overturned. His current
externship placement is at the Hennepin
County Attorney’s Office in the Criminal
Division.
Scenario 4
Patti just received an externship offer from a
law department at a medical device company
in the Twin Cities. After graduation, she will
be starting as an associate at a Minneapolis
law firm that is well-known nationwide for its
expertise in plaintiff’s product liability work.
Rule 4.2
Communication with persons represented by
counsel
• In representing a client, a lawyer shall not
communicate about the subject of the representation
with a person the lawyer knows to be represented by
another lawyer in the matter.
• Unless the lawyer has the consent of the other lawyer
or is authorized to do so by law or a court order.
Comment 3: A lawyer must immediately terminate
communication with a person if they learn that the person
is represented in the matter.
Rule 4.3, Sentence 1
Dealing with unrepresented persons
In dealing on behalf of a client with a person
who is not represented by counsel, a lawyer
shall not state or imply that the lawyer is
disinterested.
Rule 4.3, Sentence 2
Dealing with unrepresented persons
When the lawyer knows or reasonably should
know that the unrepresented person
misunderstands the lawyer’s role in the
matter, the lawyer shall make reasonable
efforts to correct the misunderstanding.
Getting the Most Out of Your Experience:
Being a Good Supervisee & a Professional
Melissa Wright, Externship Director
Eric Johnson, St. Croix County District Attorney
Jean Backes, Administrative Coordinator, Clinics &
Externships
Interacting with Supervisors
• Assignment Clarification: What do you need
to know about a project to increase the
chance you will produce what the
supervisor wants?
Assignment Clarification
•
•
•
•
Deadline
Jurisdiction
What should be the final product?
How does this project fit into the larger
picture of what the attorney is working on?
• Who is my audience– will anyone else read
what I give you?
Assignment Clarification cont.
• How will you use the information I gather?
• Do you already have a similar product or
format that I could use?
• Are there specific resources you suggest I
start with?
• Is there anyone with expertise in this area who
I should talk to?
• Memorialize in a short email what you
understand is your assignment.
Assignment Clarification cont.
• Student: She looks too busy to be
bothered and I don’t want to reveal that I
have no experience on this subject by
asking questions.
• Problem: Student will spend her time and
resources on something that does not meet
the attorney’s purpose. Time wasted by
both parties.
Assignment Clarification
• Ask for a few minutes to discuss - show
that it’s in the attorney’s interest to do so.
• Example: I would appreciate having a few
minutes to discuss the assignment you
gave me so that I can make sure I produce
what would be most helpful to you.
Starting Assignments
• Start with a Project Plan
• What are the issues or problems I’m trying
to solve?
• What resources should I start with?
• Look for sources outside case law &
statutes: think outside the box.
• Policy, mission, client being served.
Why might supervisors not explain?
• Attorney not thinking about the difference
between a law student and experienced
attorney.
• Lack of time.
• Know something so well that she doesn’t
realize others are not familiar or have level of
knowledge.
• May not know what she wants! By asking
questions, you may be refining and developing
what needs to be done.
Asking for Feedback
• Demand to be supervised.
• Comments do not make sense or you do
not receive anything except a cryptic- good
job.
• Remind supervisor you set out specific
learning goals to learn how to ______, and
you would like to ensure you can
accomplish your goal.
Asking for feedback cont.
• Example: I would appreciate knowing why
you eliminated the two cases and analysis
from Iowa. It would help me understand
your reasoning so that I know what to do
next time.
Concluding your externship
• Wrap up all unfinished projects with a memo to
the file to update your work and what needs to
be finished.
• Contact attorneys and other supervisors
you’ve worked with to let them know your last
day of externship, if applicable, progress
report on projects.
• If you have multiple projects to finish, ask
supervisor which one to prioritize and finish.
Concluding your externship cont.
• Check with supervisor about use of product
as writing sample.
• Ask your supervisor, other attorneys and
managers if they are willing to be your
references.
• Continue to touch basis with anyone you
would like to maintain in your network.
Maintain your connections
• Periodically ask for short meetings/coffee.
• Provide updates on what you are doing.
• Follow up on advice attorneys gave you
and let them know you did so and the
outcome.
Looking and behaving like a professional
• Dress appropriately for the legal office,
when in doubt, dress conservatively.
• Reality of the legal profession: women’s
clothing matters more than men’s clothing.
• Women need to watch the neckline and
hemline.
• Avoid wearing strong perfume and cologne.
Being a legal professional
• Respectful and courteous to all members of
the office.
• Do not ask anyone to do work for you
unless you first cleared it with your
supervisor.
• If possible, have a schedule that is easy for
the members of the office to remember:
Mon-Tues-Wed.
Being a Professional
• Set your hours with supervisor and stick
with it.
• Be on time, if something unexpected comes
up, notify your supervisor.
Student Attorney Practice Certification
• Restrictions on law practice by students.
• Students need authorization to appear in court
Minnesota Rule 1.03 of the Student Practice
Rules.
• Applies to students working for a government
agency or appearing on behalf of an indigent
client.
• It does not apply to students working at private
law firms representing clients for a fee.
Student Attorney Practice Certification cont.
• Students who work for private firms that
contract to act on behalf of a government
agency may be certified. For example, a
firm that contracts to do public defender
cases may ask that a student be certified to
represent those clients.
Student Attorney Practice Certification cont.
WMCL Procedure:
• Your placement must make a written request to Mitchell after
you are selected for the placement.
• Procedure is set out in the Legal Practice Center’s Website:
http://web.wmitchell.edu/legal-practicecenter/externships/student-attorney-practice-certification/
• Students should also read and understand Minnesota’s Student
Practice Rules:
https://www.revisor.leg.state.mn.us/court_rules/rule.php?type=p
r&subtype=stud&id=1
Student Attorney Certification
To be eligible a student must be:
• Currently enrolled;
• Have completed at least two semesters of
full-time study (22 credits);and
• Be in good academic standing (2.0 G.P.A).
• The rule also states that you must identify
yourself as a student and be accepted by
the client.
Student Attorney Practice Certification
Your supervisor must send a letter (there is no form) to:
William Mitchell Law Clinic
Attn: Jean Backes
Administrative Coordinator for Clinics and Externships
875 Summit Avenue
St. Paul, MN 55105
Fax: 651- 290-6407
• E-mail requests are not accepted
• From the time the letter is received, the process generally takes
ten business days. Your employer is notified by mail that the
certification has been approved. You will be notified by e-mail
with employer’s attached letter.
• Template letter available upon request, contact Jean Backes.
Student Attorney Certification in Other States
Quickest method is to contact the state’s
supreme court, attorney registration, and ask
about the process for student attorney
practice certification. Generally speaking,
you will need to ask Dan Thompson, Dean of
Students, to write a letter to state you are
enrolled at Mitchell, in good standing, and
completed the requisite number of credits.
PRACTICAL WISDOM
for a degree in
Safety & Setting Boundaries
Between Students & Field
Supervisors
Kathy Connolly, LICSW
www.wmitchell.edu
PRACTICAL WISDOM
for a degree in
• Assumptions:
• You will encounter uncomfortable situations at
some time in your professional career.
• How you handle it is up to you but you do have
the responsibility to handle it – even as a student.
• Be prepared by being thoughtful about the
potential.
• Friendly and sociable does not mean Friends
www.wmitchell.edu
PRACTICAL WISDOM
for a degree in
Power Differential
Supervisory relationships have
Power Differential.
-In a relationship where there is a
Power Differential one has
more power, control or
influence over another. The one
with the most power can see
themselves as having more
command or clout in the
relationship, and more voice in
the working of that relationship.
www.wmitchell.edu
PRACTICAL WISDOM
for a degree in
Different Kinds of Power
•
•
•
•
•
•
•
Expert Knowledge
Legitimate Power
Coercive Power
Professional-Positional-Role Power
Reward Power
Referent Power
Manipulative Power
www.wmitchell.edu
PRACTICAL WISDOM
for a degree in
Power Differential has much value in
supervisory relationships. When used
wisely and appropriately it creates a safe
boundary and professional context for
growth and learning.
www.wmitchell.edu
PRACTICAL WISDOM
for a degree in
What’s True?
• Both parties are responsible for
the quality and integrity of the
relationship BUT the one with
more power has more
responsibility.
• Many supervisors downplay their
power and might act as if they are
“equal”. Regardless of how they
act, if they are in that role,
ultimately they have the power to
influence, make decisions
www.wmitchell.edu
PRACTICAL WISDOM
for a degree in
Boundaries
• The goal is to maintain the
relationship at an appropriate
professional level
• Professional boundaries define
effective and appropriate interaction.
It protects Both people.
• Both people are responsible for them.
• Setting boundaries include stating
limits and expectations, maintaining
consistency, respecting structure of
relationship
www.wmitchell.edu
PRACTICAL WISDOM
for a degree in
Boundary Challenges:
It can happen to you
. No one sets out to violate boundaries
BUT it can happen even to those who
are dedicated, moral, and well
intentioned supervisors who are
highly respected and highly
responsible in their overall conduct .
• Most believe it won’t happen to them
and if it does that they can handle it.
• Not just sexual – over sharing,
intrusiveness
• Happens to men and women
www.wmitchell.edu
PRACTICAL WISDOM
for a degree in
Why these situations are challenging:
• Power differential
• Normal emotional reaction is to
feel confused, ashamed, worried
about consequences, uncertain if
you perceiving situation accurately
so difficulty trusting self,
concerned about your reputation
and future job potential. If it feels
secretive in any way it is an
important signal there is a
potential problem.
www.wmitchell.edu
PRACTICAL WISDOM
for a degree in
Being realistic and proactiveHow to take care of yourself:
• You have personal power – even though you are
a student and don’t feel like you have any!
• Even when you know yourself you don’t know
what the other person might do
• Personal power comes from –
– Knowing yourself
– Behaving like a Professional,
including dress
– Having self care skills
www.wmitchell.edu
PRACTICAL WISDOM
for a degree in
Setting Boundaries is a positive and
professional action.
-Have a script that is positive, polite and firm
that you can use: “I'm uncomfortable with
that….joke, behavior, request.”. OR “No,
Thank you.”
-Have a trusted ally, friend, mentor to get a
reality check
-Know the reporting policy of the
organization and school
-Discuss your concerns with someone who
can help: WMCL, Counseling Services,
LCL
www.wmitchell.edu
PRACTICAL WISDOM
for a degree in
Examples:
•
•
•
•
•
Job shadowing
Invitation for dinner to discuss cases
Small firm boss who wants to be friends
Reputation of attorney at County Court
Two different judges were subtly
approaching students
• Uncomfortable requests
www.wmitchell.edu
PRACTICAL WISDOM
for a degree in
Barriers to reporting
• Fearful of ramifications to reputation,
ashamed, afraid of job loss.
• Know that every effort is made to protect
your identity.
• Assume confidentiality at school and often
in the organization.
www.wmitchell.edu
PRACTICAL WISDOM
for a degree in
Social Media
• Texting for business not same as personal
• LinkedIn
• Be Careful of too Much Information
Sharing.
• Twitter – Follow firms but not supervisors
• Facebook –
– Don’t friend supervisors
– Consider 2 Facebook pages,
one for professional use
– Adding co-intern?
www.wmitchell.edu
PRACTICAL WISDOM
for a degree in
Mitchell’s Student Policies
Mary Gale, VP Human Resources
www.wmitchell.edu
What should you do
• If you feel safe (you are not required to do this):
communicate to your offender and inform him/her
that you expect the behavior to stop.
• If you choose this route we still encourage you to
inform William Mitchell.
• If you chose to report and/or if the behavior is
repeated please immediately report it to the
person(s) listed on the next slide.
We request that you speak up and speak out any time you experience and/or
observe sexual harassment, sexual violence, discrimination, or harassment.
Reporting Options
– Dan Thompson, VP of Student Affairs and Title
IX Coordinator
– Human Resources (Mary Gale)
– Associate Dean (Mary Pat Byrn or Mehmet
Konar-Steenberg, Simon Canick)
– President & Dean (Eric Janus)
College’s commitment to you
• We strive to provide a learning environment
that maximizes the potential of each
student.
• Take all complaints seriously.
• Conduct timely and appropriate fact-finding.
• Retaliation will not be tolerated.
• Enforce policies.
Fact-finder
• Dean or Dean’s designee
– This may include an employee(s) of the college
or an outside consultant retained by the
college, or
– A combination of the above.
Confidentiality
• Concerns are handled discreetly.
• Confidentiality protected to the extent
possible.
– Information is limited to those with need to
know.
– We cannot guarantee confidentiality.
Post fact-finding communication
• Decision is communicated to alleged
complainant and respondent.
Policy & Resources
• May be found on the student web:
http://web.wmitchell.edu/students/dean-ofstudents-office/title-ix/
QUESTIONS
If you have questions about any of the topics
covered in these presentations, please
contact:
Melissa Wright
Melissa.Wright@wmitchell.edu
290-6369
Room 159