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At the Marquette Volunteer Legal Clinic, volunteer attorneys and Marquette law students serve the Milwaukee community by providing pro bono legal information

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Page 1: At the Marquette Volunteer Legal Clinic, volunteer attorneys and Marquette law students serve the Milwaukee community by providing pro bono legal information
Page 2: At the Marquette Volunteer Legal Clinic, volunteer attorneys and Marquette law students serve the Milwaukee community by providing pro bono legal information

At the Marquette Volunteer Legal Clinic, volunteer attorneys and Marquette law students serve the Milwaukee community by providing pro

bono legal information and referral services to individuals in need of legal assistance, while

providing law students with the opportunity to enhance their classroom learning, observe

practicing attorneys, and be mentored.

Page 3: At the Marquette Volunteer Legal Clinic, volunteer attorneys and Marquette law students serve the Milwaukee community by providing pro bono legal information

History Founded by Marquette law students & alumni in 2002 Largest MULS outreach project Services at 4 locations

House of Peace since 2003 Hillview campus of Center for Spanish Speaking since 2008 VA Campus since 2009 Milwaukee Justice Center at Milwaukee Courthouse since

2009 Provided services to Hurricane evacuees relocated to

Milwaukee in 2005 Provided services at Project Homeless Connect in 2010 Received Awards from AWL, MBA & EDWisBA

Page 4: At the Marquette Volunteer Legal Clinic, volunteer attorneys and Marquette law students serve the Milwaukee community by providing pro bono legal information

Hillview 1615 S. 22nd St. Wednesdays 5–7 p.m.

House of Peace 1702 W. Walnut St. Tuesdays 3-7 p.m.

Milwaukee County VA Services6419 W. Greenfield Ave1st & 3rd Mondays 4-6 p.m.

Milwaukee Justice Center901 N. 9th St. Jury Management

Room

Thursdays & Fridays 2-4 p.m.

Page 5: At the Marquette Volunteer Legal Clinic, volunteer attorneys and Marquette law students serve the Milwaukee community by providing pro bono legal information

Lori Zahorodny, Program Assistant Email: [email protected] Phone: 414.288.7970

Julie Darnieder, Director of MVLC Email: [email protected] Phone: 414.964.4928

Angela Schultz, Pro Bono Coordinator, Marquette Law School Email: [email protected] 414.288.6823

Page 6: At the Marquette Volunteer Legal Clinic, volunteer attorneys and Marquette law students serve the Milwaukee community by providing pro bono legal information

Results◦ Over 10,000persons served ◦ 99% Participant Satisfaction◦ (per client surveys in 2010-2011)

Page 7: At the Marquette Volunteer Legal Clinic, volunteer attorneys and Marquette law students serve the Milwaukee community by providing pro bono legal information

Attorney-Client Relationship is created Rules allow attorneys to provide limited

legal services in this type of clinic setting SCR 20:6.5  Nonprofit and court-annexed

limited legal services programs         (a) A lawyer who, under the auspices of a

program sponsored by a nonprofit organization, a bar association, an accredited law school, or a court, provides short-term limited legal services to a client without expectation by either the lawyer or the client that the lawyer will provide continuing representation in the matter:

       

Page 8: At the Marquette Volunteer Legal Clinic, volunteer attorneys and Marquette law students serve the Milwaukee community by providing pro bono legal information

(1) is subject to SCR 20:1.7 and SCR 20:1.9(a) only if the lawyer knows that the representation of the client involves a conflict of interest; and

        (2) is subject to SCR 20:1.10 only if the lawyer knows that another lawyer associated with the lawyer in a law firm is disqualified by SCR 20:1.7 or SCR 20:1.9(a) with respect to the matter.

        (b) Except as provided in par. (a)(2), SCR 20:1.10 is inapplicable to a representation governed by this rule.

Page 9: At the Marquette Volunteer Legal Clinic, volunteer attorneys and Marquette law students serve the Milwaukee community by providing pro bono legal information

• Marquette University provides professional liability insurance for Clinic attorneys.

• Monthly free CLE “Brown Bag” presentations cover areas most frequently seen at the Clinic, such as family law issues, landlord-tenant, employment issues. You may attend in person at the law school or view it live on the web.

Volunteer SupportVolunteer Support

Page 10: At the Marquette Volunteer Legal Clinic, volunteer attorneys and Marquette law students serve the Milwaukee community by providing pro bono legal information

Treat all persons with professionalism, respect and dignity. Attorney-Client relationship is created.

Key assumptions Competency Courtesy Confidentiality

Page 11: At the Marquette Volunteer Legal Clinic, volunteer attorneys and Marquette law students serve the Milwaukee community by providing pro bono legal information
Page 12: At the Marquette Volunteer Legal Clinic, volunteer attorneys and Marquette law students serve the Milwaukee community by providing pro bono legal information

Take time to familiarize yourself with the fliers and pamphlets, information resources and legal materials located at the clinic.

a. Website legalhelpmilwaukee.org available for referral information. Organized by topic and agency.Lists free and low-cost legal services in Milwaukee.

b. Because the Marquette Volunteer Legal Clinic is a legal referral service these resources and contacts can help clients find legal representation if needed.

b. Pamphlets can provide clients with basic background information about their legal topic or issue.

*See Addendum A

Page 13: At the Marquette Volunteer Legal Clinic, volunteer attorneys and Marquette law students serve the Milwaukee community by providing pro bono legal information

*See Addendum B

◦ State Bar of Wisconsin Resource Books Attorneys Desk Reference Judicial Benchbooks (full set) Employment & Workers Compensation Family & Guardian Ad Litem Handbook Advising Older Clients Statute of Limitations Guidebook

◦ Wisconsin Statutes

◦ Wisconsin Civil Procedures Forms

◦ Wisconsin & Federal Court Rules

Page 14: At the Marquette Volunteer Legal Clinic, volunteer attorneys and Marquette law students serve the Milwaukee community by providing pro bono legal information

*See Addendum B

◦Legal Action of Wisconsin Legal Guides Family Law Foster Care Elder Law Social Security & SSI Unemployment Housing & Landlord Tenant

Page 15: At the Marquette Volunteer Legal Clinic, volunteer attorneys and Marquette law students serve the Milwaukee community by providing pro bono legal information

◦ LOISLAW◦ Books Unbound (State Bar practice series)◦ Westlaw – students may access ◦ CCAP – Wisconsin Circuit Court Access

(http://wcca.wicourts.gov/index.xsl)

◦ Wisconsin State Law Library (Legal & Agency Forms)

◦ Wisconsin Courts (www.wicourts.gov) (Court Forms)

◦ Marquette/UW Law Library (law.marquette.edu)

◦ www.legalexplorer.com (State Bar of WI site) ◦ www.badgerlaw.net (Legal Action – legal guides)

Page 16: At the Marquette Volunteer Legal Clinic, volunteer attorneys and Marquette law students serve the Milwaukee community by providing pro bono legal information

See “MVLC Resource” file on desktop

Contains common forms (wills, lists of credit counseling agencies, health care poa’s etc.). You may want to check these before drafting your own form or letter.

Family Law & Small Claims forms & guides are available at Milwaukee Justice website.

Page 17: At the Marquette Volunteer Legal Clinic, volunteer attorneys and Marquette law students serve the Milwaukee community by providing pro bono legal information
Page 18: At the Marquette Volunteer Legal Clinic, volunteer attorneys and Marquette law students serve the Milwaukee community by providing pro bono legal information
Page 19: At the Marquette Volunteer Legal Clinic, volunteer attorneys and Marquette law students serve the Milwaukee community by providing pro bono legal information

Selecting Law Students:Law Students are not assigned any particular

order in which to volunteer and it is their responsibility to take turns participating in client interviews.i. Attorneys are not obligated to select different

students for each client interview and can continue working with the same student/s throughout the night

ii. If student volunteers feel they are not getting ample time with clients it is their responsibility to substitute with a student who has already had a chance to participate.

iii. The students know this and are instructed as such during their training.

Page 20: At the Marquette Volunteer Legal Clinic, volunteer attorneys and Marquette law students serve the Milwaukee community by providing pro bono legal information

One of the law students should proceed to the waiting area, identify the next client to be served, introduce themselves and accompany them from the waiting area to the Clinic area.

Please note that a check will have been made to ensure that the client has not been seen before on the same issue, or is authorized, per clinic policy, to be seen again.

The law student that accompanied the client should proceed to make additional introductions. If for some reason he or she does not, please take a moment to introduce yourself to the client.

Page 21: At the Marquette Volunteer Legal Clinic, volunteer attorneys and Marquette law students serve the Milwaukee community by providing pro bono legal information

Introductions should be on a first-name basis only, and identify the individual as an attorney or a student. After introductions, the interview can begin.

The law student does the majority of the work during the opening stage of the interview:

i. The law student will review the Intake Form and make sure that all information has been provided

ii. The student will review the Explanation of Clinic Services with the client, explaining the role of the Clinic and what the Clinic can and cannot help the client accomplish.

Page 22: At the Marquette Volunteer Legal Clinic, volunteer attorneys and Marquette law students serve the Milwaukee community by providing pro bono legal information

Conflicts of Interest

•While it is not Clinic policy to check all clients for conflicts, there may still exist conflicts known to the attorney, or personal to the attorney or student.•If a conflict exists, consult with the clinic supervisor to reassign client to another attorney and/or student, if possible.

Page 23: At the Marquette Volunteer Legal Clinic, volunteer attorneys and Marquette law students serve the Milwaukee community by providing pro bono legal information
Page 24: At the Marquette Volunteer Legal Clinic, volunteer attorneys and Marquette law students serve the Milwaukee community by providing pro bono legal information
Page 25: At the Marquette Volunteer Legal Clinic, volunteer attorneys and Marquette law students serve the Milwaukee community by providing pro bono legal information
Page 26: At the Marquette Volunteer Legal Clinic, volunteer attorneys and Marquette law students serve the Milwaukee community by providing pro bono legal information
Page 27: At the Marquette Volunteer Legal Clinic, volunteer attorneys and Marquette law students serve the Milwaukee community by providing pro bono legal information
Page 28: At the Marquette Volunteer Legal Clinic, volunteer attorneys and Marquette law students serve the Milwaukee community by providing pro bono legal information

Interview Structure

• You have full discretion to guide the interview as you see fit .

• Most interviews open like any legal interview, with the client giving his version of the legal problem or issue.

• Attorneys usually listen, ask questions to develop a complete understanding of the legal issue, and do their best to provide the client with the basic steps he needs to take to begin addressing his problem.

• Students are encouraged to participate, asking questions of their own to help develop the facts. You may wish to help the student develop interviewing skills by allowing them to guide the interview and supplementing questions as necessary.

Page 29: At the Marquette Volunteer Legal Clinic, volunteer attorneys and Marquette law students serve the Milwaukee community by providing pro bono legal information

Expectations

• Some of the Clinic’s clients may not have a legal problem, but may need help filling out paperwork or locating a specific resource.

• There is never any requirement or guarantee that we will be able to solve a client’s problem.

• The Clinic is staffed with volunteer attorneys with a variety of legal backgrounds. Thus, it is likely you will eventually be faced with a legal issue with which you are unfamiliar.

• Do your best to give the client helpful advice and referrals.

Use the Clinic’s legal resources and referral information to direct the client to an agency that can better assist him or her.

• When appropriate consult with Clinic supervisor who can identify attorneys with expertise in the particular area and have agreed to consult when needed.

Page 30: At the Marquette Volunteer Legal Clinic, volunteer attorneys and Marquette law students serve the Milwaukee community by providing pro bono legal information

The Role of the Law Student & Attorney

a. Interviewing b. Legal Research

Law students are available to conduct research for you either online or through the Clinic’s resources to locate specific contact references, court rules, legal holdings, etc. that you feel would be helpful in addressing the client’s problem.

c. Legal Knowledge Attorneys are also welcome but not required to draw on the student’s legal knowledge that he or she may have gained from their classroom or internship experiences.

d. Notes & RecommendationsDuring the interview students should take notes on the client’s story and any referral advice that is given by the attorney.

i. Attorneys may also want to take their own notes so that no information or advice is overlooked

ii. Once the interview ends, the law student should complete the recommendations form for the client to take with them, outlining the recommended steps.

Page 31: At the Marquette Volunteer Legal Clinic, volunteer attorneys and Marquette law students serve the Milwaukee community by providing pro bono legal information

At the end of the interview the law student will:

1) Provide the client a copy of the legal recommendations and referral information recorded during the interview; review it with them to be certain that it is understood.

2) Hand the client a self-addressed, postage paid envelope and survey form for the client to take with her, fill out at her leisure and mail back to us.

It is the student’s job to accompany the client out of the Clinic and to the exit once the interview is finished.

At this point, the attorney’s job with respect to that client is complete and the law students are responsible for completing and filing the necessary paperwork and for entering the demographic data collected on the ‘intake form.’

Any notes or documents not retained for possible future visits should be shredded. A shredder is available in the main office.

Page 32: At the Marquette Volunteer Legal Clinic, volunteer attorneys and Marquette law students serve the Milwaukee community by providing pro bono legal information

After the interview it is your choice as to whether you want to take a short break or begin the next interview.

We encourage you to briefly discuss the preceding interview with the law student(s) before proceeding to the next interview.

You are not required to do this, but it can be rewarding for both the law student and the attorney. It is a valuable learning tool for the law student and is the most frequent request on our end of year student surveys.

Page 33: At the Marquette Volunteer Legal Clinic, volunteer attorneys and Marquette law students serve the Milwaukee community by providing pro bono legal information

The House of Peace and the Spanish Center are located in Milwaukee’s central city with a high rate of crime. Following basic safety measures is in the best interests of all Legal Clinic volunteers.

No student or attorney should ever have to lock up or leave the Legal Clinic by themselves. Please make sure that no one is left behind. All volunteers should take responsibility to make sure everyone gets to their car safely.

A shuttle service is provided for students for both locations. Students are encouraged to ride the shuttle and never walk or drive their own vehicle.

Those waiting for a ride should not wait alone. A security guard is present at both locations and

will accompany any volunteer to their vehicle upon request.

Page 34: At the Marquette Volunteer Legal Clinic, volunteer attorneys and Marquette law students serve the Milwaukee community by providing pro bono legal information
Page 35: At the Marquette Volunteer Legal Clinic, volunteer attorneys and Marquette law students serve the Milwaukee community by providing pro bono legal information

The Marquette Volunteer Legal Clinic ("Clinic") is a legal information and referral center

staffed by volunteer Marquette University law students working with and supervised by

volunteer members of the Wisconsin Bar. Our purpose is to provide you with basic legal

information and appropriate referrals if more extensive services are needed. The Clinic

cannot accept your case or represent you in any legal action in which you may be involved. Our

assistance is limited to our meeting with you today and does not create an ongoing

attorney-client relationship.

It is usually a good idea to have an attorney represent you, and it may be difficult to

proceed without one.  We will provide as much assistance as we can today, but you may be

more successful if you have an attorney.  If we are aware of any reasonable available

alternatives to our service, we will refer you to them.  We recommend that you contact any

legal resources to which we refer you.

Information that you share with us will be treated as confidential by the Clinic and will not

be disclosed unless the Clinic is required to do so under applicable state law.

While some persons may visit the Clinic on more than one occasion, each visit must stand

on its own and does not establish an on-going attorney-client relationship. In addition, we

reserve the right to refuse to see some returning individuals if it appears that their expectation

for services is beyond the scope of our services—basic legal information and referrals.

Page 36: At the Marquette Volunteer Legal Clinic, volunteer attorneys and Marquette law students serve the Milwaukee community by providing pro bono legal information

Name: _______________________________ Date: __________

 It is recommended that the following steps be taken:

For questions, please return to clinic. Open Tuesdays, 3:00 p.m. to 7:00 p.m. at House of Peace located at 1702 W. Walnut St. Phone no. 933.1300.

Marquette Volunteer Legal ClinicA Community Legal Information & Referral Service

Page 37: At the Marquette Volunteer Legal Clinic, volunteer attorneys and Marquette law students serve the Milwaukee community by providing pro bono legal information

Date of visit _____________________________Attorney _____________________________Students _____________________________  

MARQUETTE VOLUNTEER LEGAL CLINIC:A Community Legal Information & Referral Service

Thank you for visiting our clinic. We sincerely hope that we have helped you in either resolving your legal question or referring you to another source for assistance. In order to understand whether we have been effective and to know what changes we might consider making, we would ask your help by completing the following questions and returning this letter to us in the envelope provided. Please note that the Marquette Volunteer Legal Clinic reserves the right to reprint your comments (without your name if you supply it) to promote awareness of the Clinic.

  When did you visit the clinic ____________________________________________________________   How much time did you spend with an attorney and law student __________________________________   Did you receive an answer to your legal question yes __________________ no ________________   If not, did you receive helpful information yes __________________ no ________________   Were you referred to another source yes __________________ no ________________   Please offer any comments you would like to make regarding the clinic and your experience with us:    Thank you for taking the time to complete this form.

___________________________________________________________ Name (optional)

Page 38: At the Marquette Volunteer Legal Clinic, volunteer attorneys and Marquette law students serve the Milwaukee community by providing pro bono legal information

THANK YOU FOR YOUR PRO BONO COMMITMENT TO THE

COMMUNITY AND FOR YOUR VALUABLE CONTRIBUTION TO OUR STUDENTS’ EDUCATION