ATTORNEY FOR STUDENTS
UNIVERSITY OF CALIFORNIA, BERKELEY
UC Berkeley Student Legal Services

• Available to all currently registered students
• Free legal consultations (705 consultations in 2010-
11) in 102 Sproul Hall
• Advice/guidance only – no representation (not full time)
• Appointments: 510-642-5171 or drop by 102
Sproul Hall
• Web site: sls.berkeley.edu contains numerous tip sheets, legal forms, and information about local legal resources
UC Berkeley Student Legal Services

1. Landlord/lease problems
2. Police citations for alcohol, drugs, theft and other misdemeanor offenses
3. Accidents, injuries, and insurance – auto, bicycle, pedestrian
4. Contract/money disputes and small claims court
5. Family law
6. Credit problems/consumer fraud
7. Citizenship/Immigration
UC Berkeley Student Legal Services

 You have legal and contractual rights!
o Habitability, quiet enjoyment, return of security deposit
 You also have contractual obligations o Rent during lease term, compliance with lease
 It is very difficult for landlords to evict tenants!
o Paying rent and following lease = protection for term o “Just cause” protections in Berkeley, Oakland, and San
Francisco
 Don’t be fooled by claims that “this is the law in the U.S.”
Come talk to SLS to be sure!
UC Berkeley Student Legal Services

 Most common: alcohol, drugs, theft/shoplifting o Alcohol laws are different here than in many countries
 You have legal rights!
o No self incrimination, right to plead not guilty, right to request an attorney o Police may imply that you must cooperate, possibly even under threat to visa/immigration status
 Convictions may impact your visa/immigration status!
o An important reason to know your rights o May need to hire an attorney
UC Berkeley Student Legal Services

 Drive only if insured o You may be covered by someone else’s insurance
 If injured due to fault of someone else o Damages = medical expenses, property loss/damage, lost income, pain and suffering o Take care of injuries!
o Two years to file a lawsuit
 Other Details o Police report (especially if injuries) o File a claim with insurance company
UC Berkeley Student Legal Services

 You can have a legal, binding agreement even without a written contract o Can provide other evidence of agreement (past practice, subsequent communications, receipts)
 Small Claims Court is designed for non-lawyers to obtain legal remedies o $7,500 limit o Do not have to be a citizen to file claim o Relaxed rules of evidence – “common sense” approach
UC Berkeley Student Legal Services

 Divorce/Dissolution o “No-fault” rule in California o Residency requirement o Automatic stays o Spousal support
 Child Custody and Support o Best interests of the child o Support obligations
UC Berkeley Student Legal Services

 Credit Collections o You have legal rights!
o Cannot suffer criminal consequences for unpaid debt – no
“debtor’s prison”
 Consumer Fraud o Did someone lie or intentionally mislead?
o Does something seem egregiously unfair?
o May be illegal, fraudulent, or breach of contract
 Overlap with Small Claims Court
UC Berkeley Student Legal Services

 A highly technical area o Attorney guidance often necessary
 SLS is not an expert
 Referrals/Resources o Berkeley International Office o Local nonprofit – International Institute of the Bay Area
UC Berkeley Student Legal Services

UC Berkeley Student Legal Services

Mark Lucia sls.berkeley.edu
UC Berkeley Student Legal Services