Practicing Professionalism in - Mitchell Hamline School of Law

Practicing Professionalism in - Mitchell Hamline School of Law

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 youve

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 lawyers compliance with Rules (any rule)

Rule 1.6 Confidentiality Reasonably Exceptions in Orange/Red certain death or substantial bodily harm CONFIDENTIALITY 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 Self-defense (fee dispute, malpractice) 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 cant be forced to testify -Lawyer may not testify over clients objection

Client cant 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 Attorneys 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 wellknown 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 lawyers 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 One former client prospective 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 lawyers 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 persons 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 Attorneys 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 plaintiffs 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 lawyers 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 dont 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 attorneys purpose. Time wasted by both parties. Assignment Clarification Ask for a few minutes to discuss - show that its in the attorneys 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 Im 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 doesnt 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 youve 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: womens clothing matters more than mens 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 Centers Website: http://web.wmitchell.edu/legal-practice-center/externships/student-att orney-practice-certification / Students should also read and understand Minnesotas Student

Practice Rules: https:// www.revisor.leg.state.mn.us/court_rules/rule.php?type=pr&subtype=s tud&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 employers attached letter. Template letter available upon request, contact Jean Backes. Student Attorney Certification in Other States Quickest method is to contact the states 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 Whats 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 wont 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 dont feel like you have any! Even when you know yourself you dont 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 Dont friend supervisors Consider 2 Facebook pages, one for professional use Adding co-intern? www.wmitchell.edu PRACTICAL WISDOM for a degree in Mitchells 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) Colleges 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 Deans 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-of-stu dents-office/title-ix / QUESTIONS If you have questions about any of the topics covered in these presentations, please contact: Melissa Wright [email protected] 290-6369

Room 159

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