Colleen F. Coonelly, Esquire
Adjunct Clinical Professor
Domestic Violence Law Clinic
http://www.dvclinic.org
(610) 331-1288 (c)
coonelly@temple.edu
Director of Legal Services
Laurel House
Norristown, PA 19404
Domestic Violence Clinic
Spring 2013
After the initial Training and Orientation Day, on Wednesday, 1/16/13 starting at
10 a.m. at Laurel House, the class meets at the law school, once a week, on Wednesdays,
from 12:00 p.m. – 2:00 p.m. in K6A W.
Each student must attend two PFA court observations by 2/1/13. I will attend two
observations and we will discuss those “supervised” observations in class. If you are
unable to attend one or both of the supervised observations, you are responsible to make
up any missed observation on your own and to report on any unsupervised observation
during a class. PFA hearings are held on Tuesdays and Thursdays in Montgomery County.
The two supervised observations will take place at the Courthouse in Norristown (Airy and
Swede Streets) from 8:30-noon, on 1/22/13 and 1/31/13.
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In lieu of one of the Montgomery County observations, you may attend one
observation in Philadelphia. PFA hearings are held every weekday, Monday through
Friday, in Philadelphia. Hearings in Philadelphia take place at 34 S. 11th Street from
8:45am- 12:15 pm (JJ. Chen and/or Summers).
As a three-credit clinical course, you are required to dedicate eight to ten hours
per week to the practice portion of the course. From January 28 through April 19, 2013,
that quota must include at least one 6-hour shift, per week, at Laurel House in Norristown.
This clinic will provide you with opportunities to study and practice law to redress
and reduce incidents of domestic violence. You will represent clients escaping violent
relationships and seeking protective orders. You will be required to address custody and
support matters within the context of the domestic violence claims. Under the close
supervision of your Clinical Supervisor, you will strategize with clients in order to employ
legal approaches to seek to improve the safety and economic independence of your clients.
You will learn and employ a variety of practice skills, including examining and crossexamining witnesses, fact investigation, marshaling and presenting expert testimony,
negotiating settlements, and interviewing and counseling clients. The clinic works to
empower individual survivors of domestic violence, legally and economically, while at the
same time promoting empowerment and systemic change for survivors generally.
Therefore, in addition to litigation, students may engage in dispute resolution, community
education, and policy advocacy. Students may work with social workers, counselors, nonlawyer advocates, and others in providing both direct service to survivors and advocacy for
social change against domestic violence.
In sum, this clinic will provide you the opportunity to learn about, reflect on and
practice the responsibilities of lawyers representing the survivors of domestic violence and
advocating for survivors. The clinic combines and integrates clinical learning experiences in
the actual practice of law with doctrinal instruction on law and procedure implicated in
domestic violence cases. Throughout your work, you will be required to reflect upon what
lawyers and laws can, and cannot, do to address and reduce domestic violence.
You will engage in legal options counseling as well as legal assistance and
representation. Read the Law Student Manual carefully so that you understand how these
tasks are different and what is entailed for each.
3/13/13- no DV class
Class meetings
1/16/13
In Norristown
10 am- 5 pm
1/22/13
Norristown
Topic/ Speaker/ Activity
Training and Orientation at Laurel House,
distribute and discuss Law Student manual;
complete forms; shelter tour
Court Observation- supervised
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Readings
Law Student Manual
1/23/13
Introduction to Clinical Methodology;
Introduction to Domestic Violence Law;
Laurel House Law Student Policy & Orientation
Manual- take home quiz due
PFA Annotated
Chavkin, 7-17 (clinical methodology)
PFA Annotated- PCADV-in class quiz
1/25/13* (date
tentative; time tba)
1/30/13
Tour of Philadelphia Domestic Relations Court
and Court observation at 34 S. 11th Street with
Family Law Litigation Clinic
Client Interviewing
Readings Presenter: All
Reporter:
Simulated exercises
1/31 /13
Norristown
Court Observation- supervised
2/6/13
Initial Interviewing & Counseling Plan due via email to CFC (regardless of whether first
interview has been scheduled)
Theory of the Client
Schneider, pp. 1057-1065
(interviewing and counseling skills)
PFA Case Interview Tool
Chavkin, Ch 5 (Theory of the Client)
2/13/13
Readings Presenter:
Reporter:
Simulated exercises
2/20 /13
Obtaining an Order for Protection
Class @ Women
Against Abuse Legal
Center, 100 S. Broad
Street, 5th Floor in
Center City Phila from
12:30-1:30
Readings Presenter: All
Reporter:
2/27/13
Professional Responsibility in DV cases
PCADV @ Temple
Systems Advocacy by Organizations
Schneider, pp. 221-236 (DV and Civil
Protective Orders)
Kathleen O’Malley, Esquire
Women Against Abuse Legal Center
Philadelphia
Readings Presenter:
Reporter:
Liz Marx, Esquire and
Laurie Wiest, Esquire
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Leigh Goodmark, Going Underground:
The Ethics of Advising a Battered Woman
Fleeing an Abusive Relationship, 75
UMKC L. Rev. 999 (2007)
3/6/13
Class @ PLA
42 S. 15th Street, Suite
500
From 12:30-1:30
3/20/13
Civil Legal Representation Project Attorneys
Pennsylvania Coalition Against Domestic
Violence
Domestic Violence and Family Law
Readings Presenter: All
Reporter:
Susan Pearlstein, Esquire
Supervising Attorney
Philadelphia Legal Assistance
Evidence in DV cases
Readings Presenter:
Reporter:
Testimonial Statements
Admissibility of Text Message Evidence
Rounds
Schneider, pp. 576- 640 (DV and
Family Law)
Schneider, pp. 413- 469 (Evidence in
DV cases)
Michigan v. Bryant, 131 S. Ct. 1143
(2011)
PA v. Koch, 39 A.3d 996 (Pa.Super.
2011) app. gr. 44 A.3d 1147 (Pa. 2012)
(oral arg held 10/16/12).
Student Presentation Proposals due
3/27/13
Battering in same-sex relationships
Immigration Relief for Victims of DVT and U visas, battered spouse/child VAWA
self-petitions
Rounds
Detailed Outlines of Student Presentation
Proposal due
Reporter:
4/3/13
Systemic Advocacy by Individual Attorneys
Rounds
1) Student Presentation
Reporter:
4/10/13
Rounds
2) Student Presentation
Reporter:
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Schneider, pp. 100-111
4/17/13
Rounds
3) Student Presentation
Reporter:
Concluding Essays due
Effective self-evaluation
4/24/13
Schneider, pp. 1039-1065(Doing the
Work
Schneider, pp. 1065-1090 (Legal
Advocacy on behalf of DV victims)
Discussion and Response to Concluding Essays
Reporter:
Readings Presenter: All
Reporter:
Each student must download from Blackboard the course packet for this
DV Clinical.
The following textbooks are recommended: Elizabeth M. Schneider,
Cheryl Hanna, Emily J. Sack, and Judith G. Greenberg, Domestic Violence and
the Law: Theory and Practice (3d ed.); Stephen Ellmann, Robert D. Dinerstein,
Isabelle R. Gunning, Katherine R. Kruse and Ann C. Shalleck, Lawyers and
Clients- Critical Issues in Interviewing and Counseling; and David F. Chavkin,
Clinical Legal Education: A Textbook For Law School Clinical Programs. A copy
of each textbook is available for your use at Laurel House. You may not remove
the books from the Laurel House offices.
Each student must have his or her own copy of the current Pennsylvania
Rules of Professional Conduct booklet. Each student is required to have and
consult the booklet throughout all lawyering tasks during the clinic.
Class work
Rounds
Beginning in March, the majority of class time will be dedicated to “rounds” during
which students will share their experiences with their cases focusing on specific
aspects of the lawyering process such as investigation, case strategy, problemsolving, procedural and substantive law, and ethics and professionalism.
Moot exercises
Students will conduct “moot” exercises of events coming up in their casework.
For example, if a student has a PFA hearing scheduled, part of the class before
the hearing will be devoted to “mooting” that hearing. The student will give a
brief “opening” statement of the case and will conduct direct and cross
examination of witnesses. Other students will play the role of opposing counsel,
petitioner, respondent, and any other anticipated witness. Students will also
work on exercises based on simulated cases.
Students must come to class prepared to present their cases in rounds and/or to
moot upcoming case events.
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Student Presentations and Concluding Essays
Students are required to work with a partner to prepare and make a presentation
of a policy proposal to the class during one of the last six weeks of class. Students must
receive advance approval of the proposal topic and presentation format from the Clinical
Supervisor. The presentation must focus on promoting empowerment and systemic
change for survivors generally. How does advocacy on behalf of individuals inform
recommendations for effecting systemic change?
Each student must also write a 3-5-page individual “concluding essay,” derived
from that student’s clinical work over the semester. You may “re-use” portions of the
journal entries you wrote during the semester.
Students who have taken a course “Recommended” as a prerequisite to this
Clinic, are encouraged to integrate some aspect from that course into their presentation
and/or essay.
Journals
Students are required to keep bi-weekly, guided journals reflecting on their
experiences at the clinic.
Class Attendance and Participation
Class attendance and participation are mandatory. Please e-mail me at
coonelly@temple.edu, in advance, if you need to miss a class. Eating is not
permitted during class. You may drink a beverage during class.
Readings Presenter and Reporter.
Readings are assigned for eight of our class meetings. One student will
be assigned to be the Readings Presenter for each of these classes. The
Presenter is responsible for reading the assigned readings and for presenting the
content to the class. A different student will be designated the Reporter for each
class. The Reporter must take notes during the class and summarize the content
of that class meeting at the outset of the following week’s class meeting.
RECOMMENDED COURSES:
Law 445: Family Law: Custody
Law 568: Family Law
Law 822: Family Law Issues
Law 606: Women & the Law
Law 442/942: Women & the Law: Domestic Violence, Rape & Harassment
Law 918: Law & Feminism
Evaluation
Students will be graded on the “pass/fail” scale of S+, S, S-, and U. In
addition, performance review sessions will be conducted during which each
student will undertake a self-evaluation and will meet with the Clinical Supervisor
to review performance and professional development.
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