CIVIL TRIAL PRACTICE MARTINA E. CARTWRIGHT ASSISTANT PROFESSOR LAW 932 & 935 FALL 2014 WILLS, PROBATE, & GUARDIANSHIP CLINIC

Transcription

1 CIVIL TRIAL PRACTICE WILLS, PROBATE, & GUARDIANSHIP CLINIC LAW 932 & 935 FALL 2014 MARTINA E. CARTWRIGHT ASSISTANT PROFESSOR 3100 CLEBURNE STREET HOUSTON, TEXAS TELEPHONE: (713) FAX: (713)

2 Table of Contents Professor/Managing Attorney... 3 Course Books & Material... 4 Course Description, Requirements, Expectations, and Learning Outcomes... 5 Grading... 7 Participation, Attendance & Professionalism... 8 Class Schedule and Reading Assignments... 9 Academic Calendar Policies & Procedures Student Evaluation EDUCATIONAL, PROFESSIONAL, AND PERSONAL GOALS STATEMENT Evaluative Criteria... 15

3 PROFESSOR/MANAGING ATTORNEY NAME: Martina E. Cartwright, Assistant Professor TELEPHONE: CELL PHONE: LOCATION: Suite 100L OFFICE HOURS: Tuesday: 10:00 AM 12:00 Noon Wednesday: 10:00 AM 1:00 PM Thursday: 10:00 AM 1:00 PM (All other times by appointment only) Civil Trial Practice Page 3

4 COURSE BOOKS & MATERIAL REQUIRED TEXT/MANUAL: 1. Stefan H. Krieger, et al, Essential Lawyering Skills, 4 th Edition, Wolters Kluwer 2. Martina E. Cartwright, Wills, Probate, & Guardianship Clinic Manual, (will be provided). 3. O Connors, Estates Code Plus, , O Connor s Texas Litigation Series TRAINING MATERIALS: All training materials are located in the Student Training Materials file folder on the Wills, Probate, and Guardianship subdirectory on the L Drive. RECOMMENDED WEBSITES/BLOGS: 1. Glenn Karisch s Texas Probate 2. Texas Estate Planning and Probate blog Texas Probate & Guardianship Blog-- TWEN The Clinic will have a TWEN site on which announcements and course materials will be posted. Civil Trial Practice Page 4

5 COURSE DESCRIPTION, REQUIREMENTS, EXPECTATIONS, AND LEARNING OUTCOMES DESCRIPTION: The Wills, Probate, & Guardianship Clinic is a semester long, four credit-hour experiential learning course (practicum), combined with a two (2) credit hour classroom component. Individuals enrolled in the Clinic serve as student attorneys, with licenses from the Texas Supreme Court. All activities within the practicum portion of the Clinic, including but not limited to: interviewing, drafting of pleadings, and all aspects of client representation, will be supervised by Professor Martina E. Cartwright. REQUIREMENTS: The Clinic will focus on legal problems individuals encounter related to estate planning, probate, and guardianship. Student attorneys have an opportunity to observe the practice of others and to represent clients, whether in drafting testamentary instruments, durable powers of attorney, physician s directives or handling matters related to guardianship (seeking to be appointed the legal guardian of an individual determined to be incapacitated as defined by the Texas Estates Code), or representing clients in cases involving testate or intestate estates. Cases are assigned to you. However, you can request certain types of cases in order to enhance skills you wish to develop during your semester-long clinical experience. As a student attorney, you will have the opportunity to develop the following skills: interviewing and counseling, legal research and analysis, fact investigation, writing in a range of contexts, law office management, evidentiary hearings, recognizing and resolving ethical issues and perhaps the core lawyering skill problem solving. Students are required to attend bi-weekly seminars, as well as weekly meetings with the supervising attorney to discuss the progress of their cases. As a student attorney, you are expected to meet/consult with your clients, confer with court personnel as needed, and generally work on your cases learning the requisite skills necessary for excellent representation. Including class time, a student attorney is expected to devote an average of hours per week on your clinic work. EXPECTATIONS: Seminars: Students are expected to timely prepare for seminar discussions by reading all required materials. Preparation is the key to being an able student and advocate for your clients. Moreover, unless you are working on a group project, student assignments are to be completed by that student and no one else. Thus, throughout your tenure as a student even an intern in the Clinic you are expected to comply with the Honor Code. Clinic: My expectations of you as future professionals are different from my expectations of you as student attorneys. As future professionals, I hope that you leave the Clinic relatively secure in Civil Trial Practice Page 5

6 your lawyering and decision-making skills. I hope that you have developed sensitivity to the particular needs of the clients you may represent in the future if you choose probate or elder law as a career path. I hope you are an ethical and understanding member of the bar. I hope that you have developed keen problem solving, analytical skills. As a student attorney, my expectations are that you commit yourself to be an able and enthusiastic advocate for your client. I expect you to be prepared for each weekly meeting. I expect you to be respectful and courteous to all who seek help, regardless of their status or socioeconomic background. I expect you to expend the maximum amount of effort in representing your client s interest. On or more basic level, my expectations of the work you produce in the clinic is as follows: draft at least one (1) will, represent an applicant in one (1) guardianship proceeding, and represent one (or more clients) in matters involving testate or intestate estates. As a student attorney, you are expected to comply with the rules and regulations set out in the Clinical Legal Studies Program Student Attorney/Intern Office Policies and Procedures Manual, the Student Rules and Regulations, and the Texas Disciplinary Rules of Professional Conduct. STUDENT LEARNING OUTCOMES: After completion of the practicum and seminar, students will be able to: (a) conduct effective client and witness interviews; (b) conduct thorough and comprehensive factual investigation; (c) effectively negotiate with opposing counsel on clients behalf; (d) identify and execute client objectives in either a transactional or litigation setting; (e) draft appropriate pleadings for proceedings in probate courts; (f) effectively advocate for clients in either a hearing (uncontested) or trial (contested) setting; and (g) work collaboratively with other counsel, in executing client objectives. Civil Trial Practice Page 6

7 GRADING A. Class Component--Assessment: W Total Marks Relevant Learning Tasks to be Assessed Weight Class Preparation and Participation 10% Students are required to complete three (3) reflective essays. The first reflective essay follows the student s review of five (5) episodes of the Discovery Channel s documentary series: The Will: Family Secrets Revealed. The 60% second reflective essay documents the student s experience in the clinic. The final reflective essay documents the student s thoughts on the semester topic, following a number of readings on the issue. Students are provided with questions to guide their draft of the essay. In-class exercises (Role Play) 20% Case 10% B. Practicum Component--Assessment: See Student Evaluation Criteria Below C. Grading: FINAL GRADES ARE SUBJECT TO THE COMPLETION OF THE 240-HOUR REQUIREMENT BY THE STUDENT. IF THE 240-HOUR REQUIRMENT IS NOT COMPLETED BY THE END OF THE SEMESTER, THE STUDENT WILL RECEIVE AN F GRADE. A Excellent B Above Average C Average D Needs Improvement F 59 & below Poor Civil Trial Practice Page 7

8 PARTICIPATION, ATTENDANCE & PROFESSIONALISM SEMINAR: Attendance is MANDATORY. There are no EXCUSED ABSENCES. Pursuant to Article III.9 of the Student Rules and Regulations, if you miss more than the allotted number of classes in accordance with Article III.9, your grade may be reduced up to one (1) letter grade. You are allowed to use a computer in class. However, COMPUTER USE IS FOR CLASSROOM PURPOSES ONLY. NO INTERNET USE. If you are found surfing, you will be dismissed from class and docked a day. CLINIC: You will be assigned work hours in the Clinic. You are required to be in attendance at the Clinic during your work hours. NO EXCUSES. If you are unable to perform your duties as required, during to an emergency or unforeseen circumstances, you MUST call your supervising attorney and inform them of your absence and the reason. Except in extraordinary circumstances discussed in advance, you must attend every court appearance, deposition, meeting, etc., on behalf of your clients. Civil Trial Practice Page 8

9 CLASS SCHEDULE AND READING ASSIGNMENTS Seminar classes meet once a week on Tuesdays, 11:00 am to 12:50 pm, in room LSB 210. The first hour of the class is devoted to training and the second part of the class is devoted to rounds. However, during the first two weeks of the semester, classes will be held bi-weekly. This schedule may be changed, depending upon individual caseload. T. 8/19 Legal Files Training In-house Th 8/21 Legal Files Training In-house T. 8/26 Speaker Practicing in the Probate Courts: Ethics (Judge Georgia Akers) Th.8/28 Pro Doc Training/E-files Training In House T. 9/2 Professionalism/Lawyering for and with the Client (Essentials, p. 7-31) T. 9/9 Lawyering as Problem Solving/Communication Skills (Essentials, p ) T. 9/16 Interviewing Observation, Memory, Facts, & Evidence (Essentials, p ) Mock Interviews Guardianship T. 9/23 Interviewing the Client (Essentials, p ) Mock Interviews Probate T. 9/30 Mock Interviews Estate Planning T. 10/7 Interviewing the Witness (Essentials, p ) T. 10/14 Persuasive Fact Analysis (Organizing Facts/Models)(Essentials, p ) T. 10/21 Persuasive Fact Analysis (Strengthening Persuasiveness/Investigation)(Essentials, p ) T. 10/28 Counseling (What happens/preparing for Counseling)(Essentials, p ,249-93) T. 11/4 Negotiation (Essential of Lawyering, p ) Civil Trial Practice Page 9

10 T. 11/11 Negotiation Prep./Development (Essentials of Lawyering, p ) T. 11/18 Styles & Rituals/ Tactics (Essentials of Lawyering, p ,369-85) T. 11/25 Last Day of Class REFLECTIONS Civil Trial Practice Page 10

11 ACADEMIC CALENDAR Civil Trial Practice Page 11

12 POLICIES & PROCEDURES ADA Policy The Law School will make reasonable accommodations to individuals with documented disabilities. Such accommodations will not be provided, however, if they fundamentally alter the nature of the program or if they would be unduly burdensome either financially or administratively. The term disability is defined by the Americans with Disabilities Act of 1990, the Americans with Disabilities Act Amendments Act of 2008, and Section 504 of the Rehabilitation Act of These federal acts mandate equal opportunities for qualified persons with disabilities in all public facilities, programs, activities, services, and benefits derived from them. In order to receive accommodations a student must have a documented mental or physical disability that substantially limits a major life activity. Some examples of major life activities that would impact learning are: seeing, hearing, concentrating, communicating, reading, and writing. Reasonable accommodations are recommended based on the application review process and supporting documentation. For more information about the accommodation process, please contact the Office of Assistant Dean for Student Development. Civil Trial Practice Page 12

13 STUDENT EVALUATION As a student attorney, your work will be continuously evaluated throughout your semester-long internship. A fundamental part of learning is a feedback. Feedback is how we improve, develop new skills and competency. The evaluation of student performance in the Clinic has three parts: (a) setting goals; (b) selfevaluation/ feedback; and (c) final evaluation. As a part of setting goals, student attorneys are required to complete an Education, Professional, and Personal Goals Statement. During the first weekly meeting with the Managing Attorney, you will discuss these goals and your expectations for your clinical experience. There is limited time in the clinic to provide students with a working skill set. However, there is every expectation that YOU will make the most of this opportunity to develop beyond what is expected as you prepare for graduation and the practice of law. The second stage of the process will occur in the first week in October. You will be responsible for completing a self-evaluation, focusing largely on your performance as it relates to the 10 categories upon which you are graded for the semester. You will then meet with the Managing Attorney to discuss your self-evaluation and to receive feedback about your work in the clinic. The final stage occurs at the end of the semester, following your submission of the student reflection piece, detailing your clinic experience. You are expected to meet with the Managing Attorney to discuss each of the performance measures, your reflection on the impact the clinic has had on your professional development, and your future goals. Civil Trial Practice Page 13

14 EDUCATIONAL, PROFESSIONAL, AND PERSONAL GOALS STATEMENT NAME: DATE: I. Describe at least one goal you would like to pursue this year for each of the following: Educational Professional Personal goal II. Describe obstacles to achieving these goals. Educational Professional Personal goal III. Describe some specific actions you will undertake to overcome obstacles and pursue your goals. Civil Trial Practice Page 14

15 EVALUATIVE CRITERIA Below is an outline of the criteria used to evaluate your performance as a student attorney in the Wills, Probate, & Guardianship clinic. This is not exhaustive list of all of the skills that you will be exposed to or develop while in the Clinic, however, this list should serve as guide regarding the expectations you as a student attorney and the standards by which you can evaluate yourself once you begin the practice of law. The listed criteria and the points assessed for each of the categories is how you will be evaluated throughout your semester long internship and will be utilized to demonstrate competence and/or improvement. I. Attorney-Client Relationship (10 points) develops relationship and maintains contact with clients prompt response to client inquiries builds rapport with client; shows concern for client and client s needs advises client of developments through phone calls, meetings and written correspondence counsels client appropriately; includes client in decision-making process listening skills (including empathy, reflective listening) explains applicable law in a digestible manner (plain English!!) uses appropriate words and tone when speaking to client II. Professional Responsibility/ Ethical Considerations/ Professionalism (10 points) zealously represents client identifies potential ethical issues in cases understanding of and familiarity with Texas Disciplinary Rules of Professional Conduct adequate consultation with supervisor (including reviewing written drafts, discussing case strategy and counseling issues, advising supervisor of delays or potential problems) identifies personal views (which could conflict with the client s views or goals) and develops strategies to ensure that such personal views do not compromise the client s objectives conducts one's self with candor, honesty and courtesy in relationships with clients, ad litem, opposing counsel, court staff and personnel III. Investigation/Analysis (15 points) conducts effective interviews identifies and develops factual issues of case including comprehensive investigation and fact gathering identifies, researches and develops legal issues in case including interpreting and applying law, regulations and caselaw Civil Trial Practice Page 15

16 demonstrates creativity, flexibility, innovation in problem-solving and developing case strategy integrates client s concerns and needs IV. Execution of Lawyering Objectives (15 points) follows a course of action while maintaining adaptability to adjust when the facts and/or circumstances have changed or evolved carries out lawyering tasks underlying the decided upon course of action skillfully and with adequate preparation organizes and facilitates effective client meetings assists client reach decisions that best accomplish client's objectives V. Oral & Written Product (10 points) expresses ideas in clear, persuasive fashion advocacy reflects thorough, relevant research organization of and thoroughness of correspondence, case file memos, written pleadings, etc. written work product is clear, precise, and concise written work product is free of grammatical and spelling errors prepares thoroughly for all hearings, trials, and meetings oral communication skills evidenced in case meetings, telephone calls, other meetings and strategy sessions involving cases VI. Reflective/Self Evaluation Skills (10 points) VII. ability to critique self, accept constructive suggestions and feedback; applies appropriately ability to reflect on own strengths and weaknesses takes responsibility for own learning Law Practice Management (10 points) ability to manage time, meets time requirements timesheet entries thorough, completed on a timely basis consistently follows office procedures outlined in WPG Manual meets deadlines thorough, clear closing memos and transfer memos case file organized initiates contact with supervisor on a regular basis VIII. Collegial Responsibility (5 points) Civil Trial Practice Page 16

17 ability to collaborate with colleagues on cases and projects develops positive working relationships with supervisor, administrative staff and colleagues accessible to supervisors, administrative staff and colleagues proactive in accepting and handling team responsibilities IX. Class/Case Preparation and Participation (5 points) familiar with assigned materials participates in class discussion and case-rounds discussion prepared for in-class simulations and exercises X. Improvement and Effort (10 points) demonstrates improvement in the above criteria over the course of semester demonstrates a commitment to providing high-quality legal services and addressing needs of client incorporates self-critique, supervisory feedback and concepts learned in classroom discussion into clinical work Civil Trial Practice Page 17