Best Practices in Supervising Law
Students in Field Placements
What’s New in Legal Education
• Carnegie Foundation Report on
Educating Lawyers
• Best Practices for Legal Education
• ABA standards - Outcomes
• Albany Law School Mission
• Role of Field Placements
• Bar Exam
• NYSBA Task Force
CLE Objectives
• Understand Field Placement program
– How FP fits into the academic mission of
educating excellent and ethical lawyers
– Law student responsibilities
– Your role in assisting student learning
• Share information to assist you as supervisor
– Assignments
– Feedback
Goals of Field Placements
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Skills Development
Professional Responsibility
Substantive Law
Self-Evaluation
Institutional Evaluation
– develop professional identity
– learn how to learn from experience
Resources
• Field Placement Handbook
• Law Clinic & Justice Center
–Faculty
–Staff
• Legal Community
Students
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Generation X,Y, millennials?
Technology
Multi-tasking
Social Networking
Diversity
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Age
Experience
Background
Attitude
Law Student Responsibility
• Orientation
• Ethics & Professionalism
• Responsibility for
learning
FP Course Requirements
1. The West Educational Network (TWEN) – electronic classroom
2. Mandatory Field Placement Orientation
3. Certification Designating Compliance with Professional Ethics and
Responsibilities
4. Educational Planning Form – review with supervising attorney.
5. Weekly time records. (approx 12 hrs/wk, minimum of168 hours for
semester)
6. Mid-Semester Report
7. Mid-Semester Meeting with Prof. Maurer
8. End of Semester Evaluation of Placement and Program
9. End-of-Semester Reflective Paper
10. Supervising Attorney to complete a Placement Evaluation of Student
11. Attend weekly (or bi-weekly) field placement classes and complete all
class assignments.
12. Review Field Placement Handbook and review and sign
acknowledgement of course requirements.
Tips From Supervisors:
Preparing Students for Placements
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Technology and communication etiquette
Appropriate use of email and computer
Writing – do not submit rough drafts
Importance of reputation
Other……
Supervising Attorney Responsibilities
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Field Placement is an Academic Experience
Student Educational Goal Planning and Review
Assignments
Feedback
Model Good Lawyering
Encourage Reflection
Reports
– Interim progress report at mid-semester
– End of semester report
• Contact Clinic & Justice Center with concerns
ALBANY LAW CLINIC & JUSTICE CENTER
FIELD PLACEMENT CLINIC
STUDENT EDUCATIONAL PLANNING FORM
[To be signed by Student and Supervising Attorney ]
Student Name: ________________________________________________________________________________
Placement / Semester: __________________________________________________________________________
1.
Please state your primary goals to be derived from this clinic placement.
Goal 1.
Goal 2.
Goal 3.
2.
Possible mechanisms to achieve each of these goals.
Goal 1.
Goal 2.
Goal 3.
3.
4.
Please state your present areas of strength (e.g., research skills, writing, issue
identification, reasoning, oral advocacy, interpersonal skills, etc.)
Please indicate your areas of weakness.
Supervising Attorney Signature: ___________________________________________________________________
Student Signature: _____________________________________________________________________________
Complete this Educational Planning Form. This is to assist you in formulating goals for the semester. Review it with your
Supervising On-Site Attorney at the outset of your placement and have the Attorney sign to acknowledge this discussion.
RULES OF PROFESSIONAL CONDUCT
RULE 5.3 LAWYERS RESPONSIBILITY FOR
CONDUCT OF NONLAWYERS
• A law firm shall ensure that the work of
nonlawyers who work for the firm is
adequately supervised, as appropriate.
• A lawyer with direct supervisory authority
over a nonlawyer shall adequately supervise
the work of the nonlawyer, as appropriate…
RULE 5.3 (cont.)
• the degree of supervision required is that
which is reasonable under the circumstances,
taking into account factors such as the
experience of the person whose work is
being supervised….
RULE 5.1 RESPONSIBILITIES OF LAW FIRMS,
PARTNERS, MANAGERS AND SUPERVISORY
LAWYERS
• ensure that all lawyers in the firm conform to these
Rules…
• the degree of supervision required is that which is
reasonable under the circumstances, taking into
account factors such as the experience of the
person whose work is being supervised….
RULE 5.5 UNAUTHORIZED PRACTICE OF LAW
• A lawyer shall not aid a non-lawyer in
the unauthorized practice of law.
• Student Practice Authorization
Case of Interest
In re Jaffe, No. 06-9009 (2d Cir. 2009)
The US Court of Appeals disbarred an
attorney for, among other things, aiding
the unauthorized practice of law, and
improperly ratifying and filing briefs
drafted by unsupervised law students.
Case of interest
Attorney Grievance Commission of Maryland v.
Kimmel, 405 Md 647, 955 A2d 269 (Md.
2008)
Partners of law firm suspended from practice
for failing to provide adequate supervision
over new associate.
Failure to Supervise
Rules of Professional Conduct
RULE 5.2: RESPONSIBILITIES OF A SUBORDINATE
LAWYER
(a) A lawyer is bound by these Rules
notwithstanding that the lawyer acted at the
direction of another person.
(b) A subordinate lawyer does not violate these
Rules if that lawyer acts in accordance with a
supervisory lawyer’s reasonable resolution of
an arguable question of professional duty
Case of Interest
• Beverly Hills Concepts v. Schatz, 246 Conn. 48,
717 A.2d 724 (1998) trial court “reasonably
could have found that [associate] engaged in
legal malpractice because, in her position as a
junior associate, she failed to seek appropriate
supervision.”
Setting the stage for a successful field
placement experience
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Initial meeting
Goal setting – expectations
Plan for communication
Background information about office
Logistics
Office policies- especially confidentiality
Work schedule
Set process for meeting with student and
assessing progress
• First assignment
Assignments
• Almost anything you do as attorney may be
appropriate as an assignment
• Include observation and discussion
• Long and short term projects
• Assignments from more than one attorney
• Process for giving assignments
Assignment Clarification
Supervising Attorney: I need some research on
whether public sidewalks are “facilities” under
under Title II of the Americans with
Disabilities Act.
Student: uhhh, sure, interesting question….
What the student is thinking……
What???!!!
I don’t know where
to start!
What is the ADA?
What is this for?
HELP!!
How might this situation have been
avoided?
Student Suggestions:
Questions to ask Supervising Attorney:
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Is there a deadline for this assignment?
Do you have suggestions for starting point?
Is there a format you would like?
Do you have any examples I may review?
What is the scope of the project?
Is there an existing file?
What is this assignment to be used for?
• 8. How much time should I spend on this?
• 9. What jurisdictions should I cover?
• 10. Is there information that has already been
covered?
• 11. Are other attorneys in the office familiar with
this project?
• 12. Would you like to see an outline or rough draft?
When?
• 13. Is there another time we can meet to discuss
this assignment?
• 14. When can we meet for feedback?
Other Student Strategies
• Take notes when receiving assignments
• Repeat back to your supervisor your
understanding of what the assignment is in
order to clarify.
• E-mail your understanding of the assignment
so that it is clarified in writing.
Supervising Attorney
Assignment Checklist
Discuss objectives and expectations
Context
Deadlines
Time
Format
Examples
Guidance on starting points
Opportunity to ask questions?
Follow up
COMMON STUDENT CONCERNS
Fear….
• Student: I’m not sure what to do, but if I ask
too many questions, my Supervising Attorney
will think I’m stupid.
• Student: My supervisor is so busy… how can I
interrupt?
How can you help
student overcome
this fear?
I don’t have enough to do
My Supervisor was out sick (at court, at a
meeting, out of town….) so I just sat around
and did my homework.
I have too much to do
• I am already working on two projects for my
supervising attorney and another attorney
gave me a big project to do immediately. I
couldn’t say no.
• I don’t know what to do first. I am
overwhelmed.
Limited Practice Experience…what do
lawyers do?
A student at a public interest placement is
assigned to work with attorney on a SSI case.
Student is asked to contact medical providers
to obtain and review records. Student is
upset. “This is not legal work!”
How does supervisor
avoid this situation?
Feedback?
• Most student complaints are about feedback
• What is “good” or meaningful feedback?
• Best Practices for giving feedback
• Feedback is critical information,
based on performance, that
motivates action or change to
improve performance.
• Feedback should be specific
“Good” (or bad) v. Effective Feedback
• Praise
– Great job.
– Great job on the memo. I hardly made any
changes in your writing.” (students’ favorite)
• Effective Feedback
– Your research on the memo was thorough
because….
– You succinctly identified the standard in the
second paragraph by….
• Criticism
– That memo was a mess. I’ll have to redo it myself.
• Constructive Criticism
– The memo contained much useful information,
but it could have been better organized. It would
help if you succinctly identify the issue in the first
paragraph. It helps me to do an outline before I
start to write. Why don’t you try that. We can
review your outline tomorrow before you redraft.
Feedback Checklist
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Be prepared to critique.
Be selective.
Start with a positive comment.
Be specific.
Be constructive -- suggest alternatives
Be succinct
Be honest.
Take responsibility for your critique. “I think…”
Critique the performance, not the person.
Make the student a partner in the critique. Ask questions.
Teach by example.
Feedback
• Encourage student self reflection
• Communicate high expectations… and that
student can do it.
• Provide feedback on both oral and written
work
• Ask student for his/her feedback on
assignment
– What did you think of the project?
– What did you learn?
Challenges:
Some Common Supervisor
Complaints
Absentee Student
• Supervisor: I haven’t seen my intern all week.
I hear he has job interviews.
Appropriate Dress
• Supervisor: I can’t take my intern anywhere…
– She showed up for court in mini skirt and low cut
top. I think the Judge was offended.
– It’s causal Friday, but he came to the office in cutoffs and baseball cap.
Attachment to technology
• Supervisor – my intern does not seem
“engaged” with the work of the office…
Successes
• Best experiences working with students
Questions?
Don’t Forget
• CLE Forms
• Evaluations
• Future Training – Ethical Issues in
Supervising Law Students – March 4th
• Field Placement Information Fair –
March 9, 12-1, law school gym