One Clinician’s Path: Reshaping a Venerable Clinic to Broaden Students’ Experiences and Address a Community Crisis

Sarah J. Orr, Assistant Clinical ProfessorDirector, Consumer Law Clinic

It’s not all about me…

The Consumer Law (Litigation)ClinicHistoryReputationAreas and types of practice Student experience

-Strong voice for Wisconsin consumersfor 21 years

-Impact litigation-state and federal courts

-Class actions and individual clients

-Advocacy-legislative, amicus curiae

Areas of practice-Fraud, misrepresentation,

unscrupulous business practices

-Consumer credit transactions and predatory lending

-Unlawful debt collection practices

Clinic StructureSummer: Full time, school credit, tuition remission, stipend

Fall/Spring: Part-time and school credit

Reputation among students-Highly competitive selection process

-60 – 90 applications per year

-6 coveted spots

Litigation-The nature of the beast

The beast can be even worse in consumer protection cases.

-Student experiences could be uneven, depending upon which cases they worked on.

-Students involved in all phases of case

Meanwhile…the foreclosure crisis-Judicial foreclosure-Dane County statistics-Community-wide summit

Foreclosure Prevention Task Force Spring 2009

Task Force PrioritiesIncrease access to legal assistance

for homeowners -Provide basic information -Respond to the lawsuit (20

days) ≈Reduce default judgments≈Rec the court process -Prevent losses due to scams

Task Force Priorities Establish local mediation program≈ Give homeowners a voice in a

non-threatening venue≈ Enhance homeowners’ chances of receiving a loan modification≈ Or arrange for graceful exit from

the property

Reshaping the Clinic-Goals Provide a more consistent experience Increase student contact with clients Involve students in responding to foreclosure crisis in our community Enhance opportunities to gain practical skills

Finding our nicheMediation advocates ?

Ethical problemsForeclosure defense ?

Resource allocationSimilarity to traditional

cases Loan modification advocates ?

Foreclosure Assistance Clinic-Opened July 2010-Free, drop-in legal clinic for homeowners-2 , 2-hour sessions per month-Students and volunteer attorneys

meet with homeowners

Foreclosure Assistance Clinic-Limited scope representation-Provide basic information about legal

process and how it’s different than mediation or modification

-Help client respond to the lawsuit-Provide community and legal referrals

Positive experience for students-Design and responsibilities-Learning about clients-Develop mastery of one subject-Ethics of limited representation-Working with volunteer attorneys-Enhanced skills-Opportunities for reflection

The students learn about clients…

-They come from all walks of life.-They are losing the American Dream.-I had no idea things were so bad for them.-People are really alone during a very serious event. -People seemed relieved to have a better understanding of the process, a little bit of control.

-I was surprised how much trust they put in me. -Clients are so grateful for our help.-They like to hug.-After the first day in the FAC, my attitude had changed and I was able to empathize with the homeowners and appreciate the fight that many had in them to get back on top of things. It was often times quite inspiring.

The students build skills…

-Learning to listen to people, hear their story and assess your ability to help them-Explaining complex legal topics to everyday people, not in legalese-Dealing with people in an emotional setting

-I got to comb through actual contracts and spot issues.-It increased my ability to communicate and to think of solutions on my feet-It is good practice in learning how to keep the relationship contained to the time and space that you have with people. -I got practice with non-English speaking clients.

The students reflect…

-It was terrifying to present myself as someone with legal knowledge.-The first time I was very nervous that I would tell someone the wrong thing and destroy their life.-I was nervous knowing that my words affected their lives and choices.-It was emotionally draining.

-I gained a lot of confidence working with clients. -Seeing statutes applied to real-life situations has been eye-opening. -I enjoy the good energy we get while working with volunteers.-I really cherished getting that perspective on people’s lives that I hadn’t had before.-This real, concrete work in the FAC was different than our regular clients.

-There is a very real sense of satisfaction that is immediate.-The clinic made me think that I would enjoy being an attorney even though I did not like being a law student.-I feel like I am providing a service to the community. -The FAC makes me remember why I went to law school and what I like about being a lawyer.

Positive experience for me-Consistency for students-Observe them in action-Repeated practice-Reflection-Opportunities for further study

and expansion -Reminds me why I am a lawyer

Measurable results for clients -Students assemble data195 clients--homeowners in foreclosure153 filed Answer to the lawsuit (78%)

Days between filing of lawsuit and judgment of foreclosure:

Answered 214No Answer 162

In the clients’ words…-wonderful resource to have available during this financial turmoil-excellent communication-Andy and Russ were both very caring and helped me understand my situation.-Especially helpful was step-by-step assistance in responding to the complaint.-Helps make a hard time a little easier.

Richard

“All I wanted was time, and you gave me that.

Thank you.”