LEGAL EXTERNSHIP PLACEMENT GUIDE

Transcription

1 LEGAL EXTERNSHIP PLACEMENT GUIDE

2 FIU College of Law LEGAL EXTERNSHIP PROGRAM General Information Professor Phyllis Williams Kotey, Director RDB ROOM 1030 It is my hope that every student will take advantage of the opportunity to gain practical experience in a legal extern placement. These placements are intended to complement NOT supplant the clinical experience of an in-house clinic internship. Please review this information carefully so that you can make an informed decision. I am available to meet with each of you or can be ed at koteyp.edu. If you , please title the EXTERNSHIP PLACEMENT. If certification is required for the placement, you will not be enrolled if you have not submitted an application to the Florida Bar for admission or clearance. The purpose of the Externship Program is to provide an opportunity for students to: increase their knowledge of substantive areas of law; gain exposure to a real work environment and provide valuable support to legal employer in the governmental and public sector. Students will obtain in-depth exposure to the practice of law, including legal skills and be involved in activities characteristically performed by attorneys including, but not limited to: research and writing, document drafting, client interviews, counseling, fact investigations, negotiations and court appearances. Additionally, students will be exposed to the ethical issues raised in the practice of law, and to opportunities to confront and discuss real ethical problems. Sincerely, Professor Phyllis Williams Kotey Clinical Professor of Law Externship and Pro Bono Program, Director NOTE: There have been changes in Legal Externship Program to decrease the credit hours from 2 graded and 2 pass/fail credits to a total of pass/fail credits. This change will combine the classroom and placement components into a single course with classroom and fieldwork components. Consequently, you will have the opportunity to take more experiential courses without going over the COL limit for experiential and pass/fail courses. We have also added pre-/co-requisites for some placements. If your are a 1L day student and do not register for summer classes and register for only 12 credit during the fall semester as a 2L, you will be unable to register for a civil or criminal externship placement until the summer of your 2L year. 1

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4 TABLE OF CONTENTS THE EXTERNSHIP PROGRAM... 4 General Course Description... 4 Course Prerequisites... 4 Application Procedures... 4 Certified Legal Intern Requirements... 5 Criminal Externship Placement (CrEP)... 6 Civil Externship Placement (CEP)... 6 Externship Placements and Descriptions... 7 Criminal Placements... 7 Civil Placements Children s Legal Services Office of the Attorney General Corporate (In House Counsel)... Error! Bookmark not defined. Judicial

5 General Course Description THE EXTERNSHIP PROGRAM An externship placement for the academic year (fall and spring semesters) is a one semester FOUR credit class offered for ungraded (pass/fail) credits. The credit will be awarded based on the completion of the requisite hours per semester at the placement. These credits are considered in classroom credits. Credit will also be awarded based on participation in a classroom component designed to accompany the legal area of the placement. The criteria for admission will depend on the particular program; hence students must meet the admission criteria for the specified placement. During the summer, all placements (excluding the Advanced Placement) will be comprised of two separate courses for TWO graded and FOUR pass/fail credits. Each placement (excluding the Advanced Placement) will have a classroom component designed to provide substantive and procedural knowledge regarding the law. In addition to work at the placement, students must complete a weekly journal to reflect on completed assignments, to provide data for discussion about the demands and constraints of the roles of lawyers and judges, and to assist the professor in understanding the nature of the placement. While established placements may be utilized, students may choose to locate and arrange externships on their own however, FINAL APPROVAL IS REQUIRED BY THE LAW SCHOOL. Students can secure externships at a governmental or non-profit agency. These externships are not only intended to expose our students to legal skills but also to legal practitioners. The placement agency must guarantee that the student will have frequent and close interaction with attorneys and that no FEES will billed. Secondly, the placements are intended to expose students to the ethical issues raised in the actual practice of law. Consequently, the placement should offer an opportunity for the student to confront and discuss real ethical problems. Finally, the requirement that the placements occur in a governmental or non-profit venue is the manifestation of the judgment that externship should reflect a conscious commitment to public service. Course Prerequisites Professional Responsibility, Evidence and Criminal Procedure are pre-/co-requisites for all criminal placements. You must complete 45 credits prior to enrolling in a civil or criminal placement. Additional prerequisites may be added by the placements. Application Procedures MANDATORY CONFERENCE: PRIOR to enrolling in the externship, EACH student must confer with the Director to assess the educational experience the student is seeking and to identify placement which are most likely to be responsive to the student s interests. Each student must bring to the meeting or attach to the a current resume and should prepare for the meeting by reviewing the Externship Placement Guide to identify those placements which may appear of interest. 1. Complete the Externship Application with all the required documentation by the due date. 4

6 2. Prepare a cover letter for ALL agencies or areas for which you hope to work. Your Statement of Interest will be sent to that agency for their decision along with your transcript and writing sample. 3. If your placement requires certification by the Board of Bar Examiners, you must have completed 48 credit hours and have received your letter of clearance from the Board of Bar Examiners before the term begins. Certified Legal Intern Requirements (CLI) The Supreme Court of Florida's Rules Regulating the Florida Bar permit certified students to engage in the supervised practice of law as part of a law school law practice program. Under the supervision of a member of The Florida Bar approved by the School, certified students may represent indigent clients in civil or criminal matters. Students are certified by the Florida Supreme Court for practice through application and by meeting the requirements of Chapter 11, Rules Regulating The Florida Bar. To be eligible to become a CLI, you must first register with the Florida Board of Bar Examiners and receive a "clearance letter." This may take at least 3-6 months. A copy of this letter is required as part of your application to the Externship Program. There are two ways to register with the Florida Board of Bar Examiners. 1. Students can choose "student registration," as part of the normal application for the Florida Bar. 2. Students can choose "Certified Legal Intern (CLI) Registration" only. For more information, see the FAQ at Pay particular attention to the questions: "May I register as a firstyear law student" and "How do I meet the clearance requirement for the Certified Legal Internship (CLI) program." All CLI certification expires in 18 months OR upon graduation. CLI Extension (Same Placement): If you are a Florida Supreme Court Certified Legal Intern (CLI) as part of your clinic, you may continue to work as a CLI at the same placement after you finish your clinical semester until you graduate or up to 18 months from the date of certification, whichever comes first. CLI Extension (Different Placement): if you wish to work as a CLI but at a different placement, then you must apply to Externship Office for a Change of Supervising Attorney letter. This letter is then sent on your behalf by FIU Law to the Florida Supreme Court while you are still a student. NOTE: If you have/had character information to report and you are going to a different placement, the new placement must be informed. This is still required even though your personal information was previously disclosed to the Supreme Court and to your supervising attorney during the previous placement. The new supervising attorney must then sign the Agreement to Supervise form after reviewing your personal information and return it to the Externship Office. We will then submit the Change of Supervising Attorney Letter together with your new supervising attorney s signed Agreement to Supervise form to the Supreme Court. CLI Post Graduation: To continue to work as a CLI after you graduate, your certification must be renewed and you may not appear in court until the Court has acknowledged the renewal. If the 18 months from your certification date arrives before you are due to graduate, then you may not work as a CLI until you graduate and apply for and receive an extension from the Florida Supreme Court. Post-graduate certification is good for a maximum of one year. It will expire earlier if a student is admitted to the Florida Bar Association. 5

7 Criminal Externship Placement (CrEP) This placement enables students to gain a better understanding of the major issues involved with criminal law practice and the criminal justice system. In addition to legal research and writing tasks, externs can observe and participate in various criminal court proceedings under attorney supervision. CrEP externs develop their legal skills by representing defendants or the state in actual criminal cases. The CrEP provides opportunities to: Develop legal skills and get hands-on experience working with a licensed attorney. Deal with issues of professional responsibility in a real practice setting Gain insight into aspects of the legal system and the profession s role within it. Reflect upon what is learned to guide future professional development. Provide work experience and job references that further your chances of becoming a public defender or prosecutor after graduation Requirements: Students must have completed at least 48 credit hours. These placements require intern certification. Students must present a letter of clearance from the Board of Bar Examiners when they apply to the clinic. Priority will be given to students who have a serious interest in criminal law practice and have taken courses that will enrich the externship experience (i.e. Criminal Procedure, Evidence, or Trial Practice). Civil Externship Placement (CEP) This placement encourages students to explore careers in government law and public interest law by awarding credit for work experience in corporate, governmental or public interest venues. CEP extern opportunities include legal work assigned by the attorney-supervisor and an academic component assigned by the faculty member designed to encourage reflection on issues of ethics and practice. Certification is not required for many placements, but the placement provides students with an opportunity to think reflectively and critically about the practice of law and ethical issues, a challenging legal setting after the first year, the chance to explore a practice setting they might not have otherwise considered and professional contacts. 6

8 Externship Placement Descriptions (NOTE: This list is not all inclusive and should be a starting point in your search for a placement.) Criminal Placements Attorney General, Criminal Appeals Section Miami-Dade 444 Brickell Avenue, Suite 950 Miami, FL (Certification NOT required) An Attorney General s internal application must be completed. Your clinic application and the Attorney General s internal application must be in our office no later than the deadline. This is a competitive process. Please have an alternative site in case you are not accepted. The Attorney General is the chief legal officer for the State of Florida and represents and defends the prosecution in all criminal appeals in state and federal courts. The most complex of these criminal appeals is the capital murder case where defendants have committed first degree murder and the death sentence has been imposed. A separate, statewide Capital Appeals Bureau exists to handle these special cases. All capital murder cases are appealed to the Florida Supreme Court. On average per year, Florida houses more than 370 inmates on Death Row. In all other cases, the Attorney General handles all the felony appeals from basic sentencing guidelines cases to all, other, non-capital murder cases in the District Courts of Appeal and the habeas corpus litigation in the federal trial and appellate courts. There are over 10,000 of these appeals litigated each year. Because the Attorney General represents the State in these appeals, he also has a very important responsibility of ensuring that all victims of crime are fully informed of all litigation that occurs in a criminal case. Both the capital and criminal assistants in this Division are responsible for keeping in contact with victims and their families regarding the progress of a criminal case. The Criminal Division has approximately 130 attorneys located in six offices statewide, nearest the state s appellate courts. Each office is specifically assigned to work with the State Attorneys who are located near these offices. Certified Legal Interns: Students will handle their own cases, drafting briefs and arguing cases in court under the supervision of an attorney. Non-certified Legal Interns: Students will not be able to sign pleadings or appear in court, but they would be able to do the following: 7

9 a. Handle limited research projects for attorneys who are working on appeals; b. Draft preliminary versions of portions of briefs, such as Statement of Case and Facts, for potential use by attorneys who are handling those appeals; c. Assist our office research associate/paralegal in processing requests from attorneys to review trial court files, in the clerk s office, to locate potentially relevant pleadings or orders which are not included in our files; d. Prepare appendixes for use in federal habeas corpus cases which our office responds to; e. Attend some oral arguments; f. Attend and participate in some internal office moot courts for attorneys who are preparing for oral arguments; Public Defender s Office (Placements at other offices may be available.) Miami-Dade Broward West Palm Beach 1320 NW 14th St. 201 S.E. 6th St 421 3rd St. Miami, FL Ft. Lauderdale, FL West Palm Beach, FL (Certification Required) The Public Defender s Office program afford invaluable experience working alongside skilled and dedicated assistant public defenders in one of the nation s most challenging criminal justice systems. The certified legal internship program is limited to students who are certified by the Supreme Court of Florida to represent our clients under the supervision of our office. After attending the Public Defender Orientation Training Series, these interns receive assignments in the felony, misdemeanor or juvenile divisions. The interns each work closely with an experienced assistant public defender who acts as a mentor. They do everything assistant public defenders do, such as conduct client interviews, take depositions, engage in motion practice, handle daily court calendars and try cases. The program is designed to be litigation intensive. Regional Counsel Office (R3) (Placements at other offices may be available.) Miami-Dade State of Florida Office 1501 NW North River Drive 401 NW 2nd Avenue, Suite S326 Miami, Fl Miami, Fl (Certification Required) 8

10 On August 21, 2007, Governor Crist appointed Joseph P. George, Jr. as the Criminal Conflict and Civil Regional Counsel for the Third District Court of Appeal Region of Florida. The Third Region is a State of Florida Agency that encompasses Miami-Dade and Monroe Counties, the Eleventh and Sixteenth Judicial Circuits of Florida respectively. In October 2007, the office (RC3) started accepting court-appointments to criminal conflict and civil cases in the trial and appellate courts wherein an indigent person is entitled to court-appointed counsel. Criminal/Delinquency Cases RC3 is court appointed as counsel in criminal cases when the Public Defender has been discharged because of a conflict. RC3 also is court appointed as counsel in Juvenile Delinquency cases when the Public Defender has been discharged because of a conflict. State Attorney's Office (Placements at other offices may be available.) Miami -Dade Broward County West Palm 1350 Northwest 12th Ave. 201 S.E. 6th Street, Rm North Dixie Highway Miami, FL Ft. Lauderdale, Fl West Palm Beach, Fl ( (Certification Required) Students will work closely with a prosecutor who will give the student assignments relating to the preparation of criminal cases. Students will divide his/her time among the various trial preparation tasks, such as witness preparation, preparation of tangible evidence, legal research, and other trial preparation tasks, including but not limited to attendance at court proceedings. Assignments will include discussing issues with the prosecutor, reviewing statements, depositions, reports, court files, and evidence. Students will conduct legal research; write legal memoranda, and motions and proposed orders. Applicants must have completed at least two semesters of law school and must demonstrate superior legal research and writing abilities. U.S. Attorney s Office Southern District Miami-Dade Broward West Palm Beach 99 N.E. 4th Street 500 E. Broward Blvd. 500 S. Australian Ave. Ste. 400 Miami, Fl Ft. Lauderdale, Fl W. Palm Beach, Fl Students will work with Assistant United States Attorney s in a variety of subject matters spanning the range of criminal and civil practice at the federal level. Students can expect to do research and assist in the drafting of legal memoranda, motions and briefs suitable for filing in the U.S. District Court and the Court of Appeals. Students may also participate in activities such as visits to other federal agencies, meetings with federal agents, and tours of institutions relevant to the federal criminal justice system. Pre-requisite: Must be a U.S. Citizen and completed 2 semester of law school. Credit release and pre-interview questionnaire must be completed. Security paperwork must be completed and clearance obtained prior to beginning the placement. The United States Attorney for the Southern District of Florida is the chief law enforcement officer for an area that encompasses South Florida from Vero-Beach to Key West. The United States Attorney is responsible for all litigation in the United States District Court in which the United States is a party. The office employs approximately 200 Assistant United States Attorneys. Students may be assigned to the Criminal, Appellate and Civil Divisions. 9

11 Assignment of students is based on the needs of the office. Students shall assist attorneys in all phases of federal court litigation, including but not limited to preparation of legal memorandum, appellate briefs and trial as well as pretrial motions. Students may also perform certain special projects related to the litigative functions of the office. In addition, students may act as a liaison between the United States Attorney s Office and the Clerk of the Court and various judges chambers. The student may have the opportunity to attend oral depositions of witnesses, court hearings and observe at trial. All students will have access to the computerized legal research system: WESTLAW. Students must work at least sixteen (16) hours per week in this placement. Additional participation is encouraged. Students are expected to complete the clinical hour requirement throughout the semester and should plan, if accepted, for being at the office through the semester. This is a Volunteer Program. However, credits for independent study can be arranged. The Criminal Division The Southern District of Florida has a varied and interesting caseload; similar to the Southern district of New York (Manhattan) and the Central district of California (Los Angeles): drug trafficking, money laundering, health care fraud, telemarketing fraud, firearms violations and armed career criminal violations. There is plenty of interesting work. The office also has an active and effective asset forfeiture division. Appellate Division The Appellate Division handles and supervises appeals in the United States Court of Appeals for the Eleventh Circuit in criminal and civil cases, although the majority of the cases being appeals from criminal convictions. The subject matter are interesting and often complex, some involving issues of first impression within the circuit. DUTIES AND RESPONSIBILITIES Students accepted into the program will be assigned to one of three divisions in the office: criminal, civil, or appellate. Students will be able to assist in the preparation of criminal and civil cases. Students will also have the opportunity to observe court proceedings. The students will perform a wide range of complex legal research functions and duties requiring the application of particular laws and precedents related to criminal, civil and appellate cases. Examples of the duties the student is expected to perform are: Assist attorneys in the preparation of appellate briefs to the Eleventh Circuit Court of Appeals. 1. Perform legal research for Assistant United States Attorneys to assist in the preparation of depositions, motions, responsive pleadings and Memoranda of law in support thereof. 2. Research public records, such as court files, and utilize numerous other methods and techniques necessary to determine and resolve factual and legal issues presented. 3. Summarize unpublished opinions for inclusion into the bank of briefs and memorandum of legal issues previously prepared by office personnel. 4. Assist attorneys, as appropriate, to prepare for court hearings, oral depositions of witnesses and trial. The student is expected to be able to: 1. Research legal and factual issues and cases as directed by attorneys, to include: (1) researching and summarizing factual aspects of cases, analyzing reports, testimony, interviews, files; and (2) research 10

12 for pleading, memoranda of law, trial briefs, appellate briefs, subpoenas, complaints, indictments, motion papers and responses to defense motions. 2. Identify and resolve relevant factual and legal issues. 3. Interpret, explain, and present, orally and in writing, relevant findings and conclusions using appropriate language, legal reasoning and organization of facts and ideas. 4. Identify relevant factual and legal issues; locate relevant constitutional, statutory and case authority. 5. Utilize computer equipment for computer assisted research and word processing capabilities. Bureau of Alcohol, Tobacco, Firearms and Explosives Miami-Dade Broward West Palm Beach NW 20 Street, Suite East Broward Boulevard, 505 S. Flagler Drive, Suite 402 Miami, Florida USA Suite 401, Fort Lauderdale West Palm Beach, Florida Florida The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) seeks to reduce alcohol smuggling and contraband cigarette trafficking activity, divest criminal and terrorist organizations of monies derived from this illicit activity and significantly reduce tax revenue losses to the States. The alcohol and tobacco diversion mission is: to disrupt and eliminate criminal and terrorist organizations by identifying, investigating and arresting offenders who traffic in contraband cigarettes and illegal liquor; to conduct financial investigations in conjunction with a alcohol and tobacco diversion investigations in order to seize and deny further access to assets and funds utilized by criminal enterprises and terrorist organizations; to prevent criminal encroachment of the legitimate alcohol and tobacco industries by organizations trafficking in counterfeit/contraband cigarettes and illegal liquor and; to assist local, state, and other Federal law enforcement and tax agencies in order to thoroughly investigate the interstate trafficking of contraband cigarettes and liquor. 11

13 Civil Placements ( State Attorney's Office Miami Dade (Child Support Division) 1350 Northwest 12th Ave. Miami, FL (Certification Required) Students will work closely with a prosecutor who will give the student assignments relating to the preparation of child support cases. Students will divide his/her time among the various trial preparation tasks, such as witness preparation, preparation of tangible evidence, legal research, and other trial preparation tasks, including but not limited to attendance at court proceedings. Assignments will include discussing issues with the prosecutor, reviewing statements, depositions, reports, court files, and evidence. Students will conduct legal research; write legal memoranda, and motions and proposed orders. Applicants must have completed at least two semesters of law school and must demonstrate superior legal research and writing abilities. Miami-Dade Regional Counsel Office (R3) State of Florida Office 1501 NW North River Drive 401 NW 2nd Avenue, Suite S326 Miami, Fl Miami, Fl (Certification Required) On August 21, 2007, Governor Crist appointed Joseph P. George, Jr. as the Criminal Conflict and Civil Regional Counsel for the Third District Court of Appeal Region of Florida. The Third Region is a State of Florida Agency that encompasses Miami-Dade and Monroe Counties, the Eleventh and Sixteenth Judicial Circuits of Florida respectively. In October 2007, the office (RC3) started accepting court-appointments to criminal conflict and civil cases in the trial and appellate courts wherein an indigent person is entitled to court-appointed counsel. Civil Cases RC3 is the primary attorney appointed for indigent persons entitled to court-appointed counsel in civil cases. Dependency and Termination of Parental Rights RC3 is court appointed as counsel in dependency and termination of parental rights cases to defend parents accused of abusing, abandoning, abusing or neglecting their children by the Department of Children and Family Services. Probate and Guardianship Division RC3 is court appointed in involuntary civil commitment cases and incapacity proceedings to defend the respondents. If you are a Certified Legal Intern, you can expect to spend a significant amount of time in court handling, and more than likely trying cases, under the supervision of an experienced attorney. 12

14 RC3 handles a variety of criminal and civil cases. This provides an intern with a significant opportunity to learn about the interplay between the different areas of law. Children s Legal Services Office of the Attorney General Miami-Dade Ft. Lauderdale West Palm 401 NW 2nd Avenue 110 SE 6 th Street 111 S. Sapodilla Avenue, Suite 303 Miami, Fl Ft. Lauderdale, FL West Palm Beach, Fl (Certification Required) An Attorney General s internal application must be completed. Your clinic application and the Attorney General s internal application must be in our office no later than the deadline. This is a competitive process. Please have an alternative site in case you are not accepted. The Children s Legal Services Bureau, General Civil Litigation Division, of the Office of the Attorney General was established by the Legislature as a pilot project in This bureau is charged with the responsibility of litigating child abuse, abandonment and neglect cases for the Department of Children and Families in Broward, Hillsborough and Manatee County. In their role as legal counsel to the Department of Children and Families, this bureau renders legal advice, which includes but is not limited to Florida Statutes Chapter 39, 61 and 409, to the Department of Children and Families in Broward, Hillsborough and Manatee County, Broward County Sheriff s Office, Manatee County Sheriff s Office, Hillsborough County Sheriff's Office and the private child welfare agencies such as Hillsborough KIDS, Inc. and ChildNet. The attorneys in the Children s Legal Services Bureau are also responsible for litigating termination of parental rights petitions to establish permanency for children who have been longtime sufferers of abuse, abandonment or neglect. Currently, this bureau collectively handles approximately 5100 cases. City of Coral Gables, Office of the City Attorney 405 Biltmore Way, 2 nd Floor Coral Gables, FL

15 (Certification NOT required) Coral Gables is one of the most historic Cities in Miami-Dade County. Responsibility for governing the City falls upon the Coral Gables Commissioners. The City Commission appoints three officials the City Manager, City Clerk and City Attorney, which are responsible for distinct functions of municipal government. The City Attorney is the chief legal officer of the City. The office of the City Attorney is instrumental in guiding the City Commission and Administration in the development and implementation of policies and procedures. Under the direction of Elizabeth M. Hernandez, the Office of the City Attorney provides legal counsel and representation to the City Commission, City Boards and Committees, the City Clerk and City Manager as well as the various City departments and agencies. The office presents continuous educational courses to its boards, committees, officers and employees and has developed and implemented numerous preventive law programs. The City Attorney represents the City in all litigation matters affecting the city including zoning disputes, contract and bid disputes, tort claims, workers compensation matters, commercial litigation and constitutional challenges to the City Charter and Codes. The City Attorney is also responsible for the investigation and handling of all claims served on the City. The office drafts city contracts, ordinances, resolutions and the various legal documents required by the Charter, Code or City Commission, such as restrictive covenants and liens. City of Miami, Office of the City Attorney 444 SW 2 nd Avenue, Suite 945 Miami, FL (Certification Not Required) Candidates do not need to be certified legal interns. There will only be two openings available. The Office of the City Attorney provides legal advice and serves as counsel to the City s elected public officials as well as all appointed officials, all boards and departments. The legal work provided by attorneys in the Office of the City Attorney includes civil rights and tort litigation, commercial and real estate transactions, land use and regulation, public records, ethics and election law, legislation, labor and employment, workers compensation, and code enforcement. Legal Internship Program 14

16 The Office of the City Attorney offers an excellent opportunity for 3L law students to participate as interns. This is an unparalleled opportunity to explore a career in the challenging practice of municipal law. Students will gain practical legal experience by working closely with attorney supervisors on a variety of substantive legal matters including civil litigation, land use, labor and employment, commercial and general government law. Students will be doing research, motion practice, memos, going to deposition with the attorney, etc. Department of Children and Families: State of Florida- HRS 3300 N.W. 27th Avenue Miami, Florida (Certification Required) Department of Children and Families (DCF), formerly Child Welfare Legal Services (CWLS), consists of 24 attorneys and 15 support who provide all legal representation for the Children and Families Program, including the filing and prosecution of all dependency cases, the filing of all case plans, and the filing and prosecution of Termination of Parental Rights (TPR) petitions. In mid 1993, the management structures within Child Welfare Legal Services (CWLS) was reorganized, primarily because the attorneys were specialized within the different program components and there was very little case continuity. The managing attorney position was created and an additional supervising attorney position was created. By late 1993, the supervising attorneys were assigned to each of the three dependency court divisions. The supervising attorneys are presently responsible for supervising the attorneys within the court division and ensuring case continuity throughout the different program components namely Intake, PS, FC, and TPR. In early 1994, DCF was charged with increasing professionalism, service delivery and accountability. New supervisory structures, systems of accountability and case staffing mechanisms have been created. Three supervising division attorneys have committed to providing ongoing mentoring of staff and targeted training activities. Each Student will be given an opportunity to do the same work as any new attorney in the program. As with many government agencies, the workload for the attorneys is often overwhelming. Students will therefore be an integral part of the legal staff and be given as much responsibility as they can handle. The student will be responsible for representing HRS throughout the dependency process. Common responsibilities include staffing cases with protective investigators, talking with victims and witnesses, and litigating cases in the juvenile court. The placement should be beneficial to both the student and HRS. The work will provide the student with a very good idea what the dependency system is all about. This is an 15

17 opportunity for students, no matter what their future plans are, to obtain a valuable learning experience while making a difference in our community. Equal Employment Opportunity Commission One Biscayne Tower, 2 South Biscayne Blvd., Suite 2700 Miami, Florida (Certification NOT required) The United States Equal Employment Opportunity Commission is responsible for administration, interpretation and enforcement of federal discrimination laws. The Commission currently enforces Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Equal Pay Act and Title I of the Americans with Disabilities Act. The Miami District Office of the Equal Employment Opportunity Commission has jurisdiction over charges of discrimination filed in the state of Florida. Trials are conducted in the federal district courts of the state. ACTIVITY CHECKLIST FOR EEOC: MIAMI DISTRICT OFFICE INTERNS The candidates selected to become EEOC Interns will be under the supervision of an Enforcement Supervisor. The Commission will conduct training sessions at the beginning of the of semester covering threshold issues for each of the statutes, which will include an overview of each of the statutes enforced by the Commission, plus the Commission s Priority Charge Handling Procedures. During this semester it is anticipated that the following activities will be completed by each of the Interns at the EEOC. INTAKE OBJECTIVES - To effectively interview potential Charging Parties to ascertain the bases and issues of potential charges of employment discrimination and to discern the jurisdictional aspects of the charge. Observe, participate in, and conduct Intake interviews by Investigators with potential Charging Parties. Prepare a charge of employment discrimination based on a personal interview of a potential Charging Party, which may include a telephone interview with the potential Charging Party. At a minimum, the intern will experience charge counseling interviews with claimants regarding race discrimination and sexual harassment under Title VII of the Civil Rights Act of 1964, and with issues under the Age Discrimination in Employment Act, and the Americans with Disabilities Act ENFORCEMENT OBJECTIVES - To understand the theories of discrimination under the various laws and to gain an understanding of the investigative development of a charge of employment discrimination. Review and analyze charges of employment discrimination filed under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act and identify the theory of discrimination and develop an Investigation Plan. Included in these charges will be disparate treatment charges, including at least 1 retaliation charge, and at least 1 sexual harassment charge. Gain a practical understanding of the theories of discrimination and the burdens of proof. Additional investigation activities may include: interviewing the Charging Party, requesting additional information/documentation from the Respondent, interviewing witnesses. participating in an on-site investigation with an Investigator, 16

18 developing an Investigative Memorandum and making a recommendation on the disposition of the charge MEDIATION - To gain an understanding of the many considerations brought to an EEOC mediation session by each of the parties to the dispute and the myriad of potential solutions. Observe at least 1 mediation session with an EEOC Mediator Meet and discuss the practical implications of the ADR/Mediation alternative with an EEOC Mediator LEGAL - To gain an understanding of the many considerations the EEOC Legal Unit make in determining whether a case should be litigated. Meet with an EEOC Attorney and discuss legal action on recent charges Participate in Legal/Enforcement case conference meetings. Legal Aid Society Miami-Dade Broward County Palm Beach 123 NW First Avenue 609 South West 1st Avenue 423 Fern Street, Suite 200 Miami, FL Fort Lauderdale West Palm Beach, Florida (Certification NOT required) The Legal Aid Society is fully staff, free legal service provider for the indigent in Dade, Broward and Palm Beach County. Legal Aid was established by 1939 and chartered in It is the oldest provider of free legal services. Its mission is to provide high quality free civil legal advice, representation and education to the disadvantaged so as to improve the lifestyle and living conditions of the low income community and encourage self-sufficiency Legal Services of Greater Miami 3000 Biscayne Blvd, Ste 500 Miami, FL (Certification NOT required) Legal Services of Greater Miami, Inc. represents poverty clients in a range of civil matters. Covering Dade and Monroe counties from three regional and several outreach offices, Legal Services attorneys presently practice in the areas of housing, health, welfare, food stamps, Social Security, to name a few: 17

19 Housing LSGMI seeks two law clerks to work in its Housing Unit. The Housing Unit has two projects: the Tenants' Rights Project which provides legal representation for tenants living primarily in public and federally subsidized housing and a Homeownership Project which focuses primarily on foreclosure defense and predatory lending. The Housing Unit practices in both state and federal court, administrative proceedings, and handles appeals. The housing law clerks' duties would include: interviewing clients; conducting factual investigations; performing legal research; writing legal memoranda; drafting pleadings, discovery and motions; and reviewing documents. Clerks will have the opportunity to attend hearings in court. The clerks may also visit apartments, take photographs, and conduct other investigations for cases. We are seeking law clerks that have a commitment to and passion for the rights of low-income clients. Bilingual capability (Spanish or Haitian Creole) desired but not required. Economic and Employment Security (EES) The Economic and Employment Security (EES) unit at Legal Services of Greater Miami, Inc., is seeking to a hire a law clerk. The EES unit handles administrative claims and hearings regarding Food Stamps, Social Security benefits and Unemployment Compensation. We also handle some immigration matters and consumer issues. The law clerk would conduct face-to-face intake interviews with potential clients, research and draft memorandums of law and fact, and make recommendations in cases. There are opportunities for outreach and observing administrative hearings. We are seeking law clerks with good writing skills and a desire to assist low-income populations. Bilingual (Spanish and Creole) desired but not required. Renter s Education and Advocacy Legal Lines (REAL) Legal Services of Greater Miami, Inc created the Renter s Education and Advocacy Legal Lines (REAL) in order to provide legal information and legal assistance to low income individuals in Miami-Dade County who are in imminent risk of becoming homeless so as to avoid their entry into the homeless continuum of care. REAL began as a collaboration with the Camillus House Homeless Prevention Project. Camillus House staff refer eligible individuals to REAL, and provide them with supportive services, including financial assistance, to assist them to retain their housing and thereby avoid becoming homeless. In May 2008, as a response to the growing housing crisis, we expanded the individuals referred to REAL to include clients that come or call into LSGMI. REAL receives between 60 and 80 referrals a week. To ensure a timely response to all calls, the project is staffed by a full-time attorney and four law clerks. Individuals referred to REAL receive a call from a law clerk within one business day. The law clerk discusses the housing issue and provides advice when the applicant is facing eviction, has a problem involving her security deposit, is renting a property in foreclosure, or has been locked out of her unit. Clients are encouraged to call back with questions or concerns in the future. In addition to comprehensive advice on the housing issue, the client is mailed brochures tailored to her specific problem. Many of the brochures contain self-help materials which assist the client in filing documents in court or sending necessary correspondence to the landlord. If the client has internet access, she is 18

20 encouraged to visit our REAL wiki site in order to access our brochures and self-help materials along with links to useful housing and public benefit resources. Law clerks working in the REAL program provide low-income tenants in private housing with information and advice over the telephone. The law clerks conduct an initial screening for contact, demographic, and income information. Once the law clerk determines that the applicant is eligible for our services, he completes a thorough questionnaire regarding the legal problem. Using the facts provided by the client, the law clerk provides advice which can include how to defend their eviction action, demand return of a security deposit, and force the landlord to make necessary repairs to their rental unit. Additionally, some cases are selected for representation based on the legal issues presented. In these cases, law clerks assist with gathering evidence, conducting in-person interviews, and drafting pleadings to file in court. City of Ft. Lauderdale Municipal Prosecutor's Office 200 S.E. 6th Street, Suite 403, Ft. Lauderdale, Florida The City Clerk's Office provides a variety of services. Some are performed only by the City Clerk, acting as an executive officer; however, the majority is performed by all staff members in a team-oriented atmosphere. Some of the key responsibilities and functions of the City Clerk's Office include the following: Signs all bonds, ordinances, and resolutions issued by the city. Attests all contracts, agreements, leases, or other instruments to which the city is a party and under which the city assumes any liability. Administers any oath required by law or ordinances of the city. Acts as the official custodian of the Seal of the City and of all records and papers of an official character pertaining to the affairs of the city. Provides seal whenever an Official Seal of the City is required on any official document of the city. Represents the City and the City Commission in all transactions with the Supervisor of Elections pertaining to municipal elections. Prepares and coordinates documentation to support the Commission agenda. Prepares for, arranges, and attends all meetings of the City Commission and keeps minutes of its proceedings. Responds to questions, complaints, inquiries, and public records documentation requests (such as copies of minutes, ordinances, resolutions, agenda backup, etc.) from citizens and city staff. Coordinates appointments made by the Commission to all Advisory Boards and prepares the necessary appointment correspondence and certificates. Serves as liaison between the City Commission, City departments, and the general public. Provides reception duties to the City Clerk's Office, City Manager's Office, and City Attorney's Office. Administers lobbyist registration, including required statements of expenditures made by lobbyists. 19

21 SECURITIES AND EXCHANGE COMMISSION 801 Brickell Avenue, Suite 1800 Miami, FL (Certification NOT required ) An Attorney General s internal application must be completed. Your clinic application and the Attorney General s internal application must be in our office no later than the deadline. This is a competitive process. Please have an alternative site in case you are not accepted. The mission of the U.S. Securities and Exchange Commission is to protect investors, maintain fair, orderly, and efficient markets, and facilitate capital formation. Though it is the primary overseer and regulator of the U.S. securities markets, the SEC works closely with many other institutions, including; Congress, other federal departments and agencies, the self-regulatory organizations (e.g. the stock exchanges), state securities regulators, and various private sector organizations. In particular, the Chairman of the SEC, together with the Chairman of the Federal Reserve, the Secretary of the Treasury, and the Chairman of the Commodities Futures Trading Commission, serves as a member of the President's Working Group on Financial Markets. When the stock market crashed in October 1929, public confidence in the markets plummeted. Investors large and small, as well as the banks who had loaned to them, lost great sums of money in the ensuing Great Depression. There was a consensus that for the economy to recover, the public's faith in the capital markets needed to be restored. Congress held hearings to identify the problems and search for solutions. Based on the findings in these hearings, Congress during the peak year of the Depression passed the Securities Act of This law, together with the Securities Exchange Act of 1934, which created the SEC, was designed to restore investor confidence in our capital markets by providing investors and the markets with more reliable information and clear rules of honest dealing. The main purposes of these laws can be reduced to two common-sense notions: Companies publicly offering securities for investment dollars must tell the public the truth about their businesses, the securities they are selling, and the risks involved in investing. People who sell and trade securities brokers, dealers, and exchanges must treat investors fairly and honestly, putting investors' interests first. The SEC consists of five presidentially-appointed Commissioners, with staggered five-year terms. One of them is designated by the President as Chairman of the Commission the agency's chief executive. By law, no more than three of the Commissioners may belong to the same political party, ensuring non-partisanship. The agency's functional responsibilities are organized into four Divisions and 19 Offices, each of which is 20

22 headquartered in Washington, DC. The Commission's approximately 3,500 staff are located in Washington and in 11 Regional Offices throughout the country. It is the responsibility of the Commission to: a. interpret federal securities laws; b. issue new rules and amend existing rules; c. oversee the inspection of securities firms, brokers, investment advisers, and ratings agencies; d. oversee private regulatory organizations in the securities, accounting, and auditing fields; and e. coordinate U.S. securities regulation with federal, state, and foreign authorities. The Commission convenes regularly at meetings that are open to the public and the news media unless the discussion pertains to confidential subjects, such as whether to begin an enforcement investigation. Law Student Observer Program Volunteer or for-credit positions offered to current law students during the academic year. The Law Student Observer Program provides exposure to the workings of the Commission and to the regulation of securities and securities markets. The one-semester volunteer program is open to first-, second-, or third-year law students, or JD/MBA students and L.L.M. students selected by representatives of the SEC. Participants are assigned to one of the Divisions or Offices of the SEC at its headquarters in Washington, D.C., or one of its Regional or District Offices Nationwide. In addition to working hours a week (local students) or 40-hour weeks (out-of-state students), the students attend seminars as described below. In selecting students, preference will be given to students with excellent academic backgrounds and with courses in corporate and securities law. You may arrange academic credit for this program if offered by your law school. Student observers are assigned to work with SEC staff members on projects covering a broad range of the Commission's work. Projects in the past have included the investigation of industry and issuer practices, litigation of civil enforcement actions and the drafting of proposed statutes and rules. Students are expected to establish a working schedule with their supervisors. Observers participate in a seminar program conducted by the Commission's senior staff and including prominent members of the private bar. The topics for discussion at these seminars are generally chosen to complement rather than duplicate the materials covered in the basic securities regulation courses offered at the participating law schools. 21