City University of New York’s (CUNY) Elder Law Clinic
MAIN STREET LEGAL SERVICES, INC.
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Elder Law Clinic
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(718) 340–4300 Tel
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2 Court Square
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(718) 340–4478 Fax
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Long Island City, NY 11101
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CUNY School of Law Fall 2013
Elder Law Clinic, Main Street Legal Services
Supervising Attorneys/Professors
Degna P. Levister, office 5-313, phone 340-4475 levister@law.cuny.edu
Joseph A. Rosenberg, office 5-307, phone 340-4375 joe.rosenberg@law.cuny.edu
Administrative Support
Ayesha Yasmin, clinic office, phone 340-4162 ayesha.yasmin@law.cuny.edu
Course website: LexisNexis webcourse: Elder Law Clinic
Available through http://webcourses.lexisnexis.com
Elder Law Clinic (clinics_101497)
Elder Law Clinic Office: Clinic E, Room 5-207
Clinic Office Hours: Monday – Thursday from 9–5; Friday 9-5 (if necessary) Seminar Meetings: Tuesday & Thursday 9:30 a.m.-12:30 p.m.
*Additional required group activities may be scheduled on Mondays & Wednesdays
Required texts:
FROLIK & KAPLAN, ELDER LAW IN A NUTSHELL (5TH ED.)
(“Nutshell”)
GOLDFARB & ROSENBERG, NEW YORK ELDER LAW (2012/13)
(“N.Y. Elder Law”)
also available online at http://www.lexisnexis.com/research under New York, Elder Law,
New York Elder Law (and through “Elder Law Research Links” on ELC website)
KAPP, LEGAL ASPECTS OF ELDER CARE (2010)
(“Elder Care”)
KREIGER & NEUMANN, ESSENTIAL LAWYERING SKILLS: INTERVIEWING, COUNSELING, NEGOTIATION, AND PERSUASIVE ANALYSIS, (4TH ED.)
(“Essential Lawyering Skills”)
MAUET, TRIAL TECHNIQUES (9TH ED.)
(“Mauet”)
MOODY & SASSER, AGING: CONCEPTS AND CONTROVERSIES (7TH ED.)
(“Aging”)
NEW YORK SURROGATE‘S COURT PRACTICE 2012 GREENBOOK
(“Greenbook”)
Note: assignments will usually also include handouts posted on the ELC website
Week 1 August 26-August 30
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Date
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Topics
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Assignments
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Activities
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August 26 (Monday)
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Submit “learning goals letter” with resume & writing sample
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Move into ELC office
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August 27 Seminar
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Welcome & introductions
Main Street Legal Services and the clinical experience
Professionalism & the Indeterminate Zone of Practice
Collaboration
Supervision
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Handout/Material Posted on ELC Website
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August 28
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Submit Images of Aging post to ELC blog
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Technology & Law Practice (9:30-10)
Project meeting in ELC office (10-11)
Amicus Training in ELC office (11-12)
Brown Bag Lunch (12-1)
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August 29 Seminar
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Framework of
Article 81 Guardianships: Procedure & Substantive Law
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Handout/Material Posted on ELC Website
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Week 2 September 2-6
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Date
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Topics
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Assignments
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Activities
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September 3 Seminar
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Role of race, ethnicity, culture, & gender in lawyering
Implications for interviewing in Article 81 Guardianship “context”
Interviewing process: planning, doing, & reflecting
Professional responsibility issues
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Handout/Material Posted on ELC Website
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September 4 (Wednesday) (no classes after 3)
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Interviewing
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Submit interview plan to your folder on the ELC website
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Interviewing simulation (see schedule for interviewing & observing times)
Pick up legal memo assignment
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September 5—No classes
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Assignments for next week
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Week 3 September 9-13
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Date
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Topics
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Assignments
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Activities
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September 9 (Monday 9:30-12)
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Interviewing
Professional Responsibility
Role of the Court Evaluator & Attorney for parties
Role of Medical Evidence
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Handout/Material Posted on ELC Website
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Submit reflection memo on interview simulation before this seminar
Submit legal memo analyzing Article 81 pleadings before this seminar
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September 10 Seminar
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Article 81 Hearings
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Handout/Material Posted on ELC Website
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Court observation: Justice Alexander Hunter, Supreme Court, Bronx County, 851 Grand Concourse, Room 408 (meet outside courtroom no later
than 9:15 a.m.)
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September 11 (Wednesday)
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Submit reflection memo on court observation to your folder on ELC website
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September 12 Seminar
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Article 81 Hearings
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Handout/Material Posted on ELC Website
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Court observation: Justice Laura Visitacion-Lewis, Supreme Court, N.Y. County, 60 Centre St., Room 669 (meet at bottom of courthouse stairs
at 9:30 a.m.)
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Week 4 September 16-20
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Date
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Topics
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Assignments
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Activities
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September 16 (Monday 9:30-12)
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Article 81 Hearings Debrief Court Observations
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Handout/Material Posted on ELC Website
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Submit reflection memo on court observation to your folder on ELC website before this seminar
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September 17 Seminar
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Article 81 Guardianships
Appointment of guardian: role, powers, duties, & accountability
Guest speakers: Laura Negron & Carrie Goldberg, Director & Staff Attorney, Guardianship Project, Vera Institute of Justice (http://www.vera.org/p roject/guardianship)
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Handout/Material Posted on ELC Website
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September 18 (Wednesday)
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September 19 Seminar
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Article 81 Advocacy & Litigation
Guest speakers: Kim Tate-Brown & Lauren Hyman, Attorneys, Mental Hygiene Legal Service
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Handout /Material Posted on ELC Website
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Week 5 September 23-27
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Date
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Topics
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Assignments
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Activities
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September 23 (Monday)
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Structure & operation of a multi-service not for profit community based organization (including legal services)
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Handout/Material Posted on ELC Website
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Field trip: Lenox Hill Neighborhood House (331 E. 70th Street, N.Y. N.Y.)(meet at this address in the lobby at 9:30 a.m.).
http://www.lenoxhill. org/content/home
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September 24 Seminar
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Estate Planning Fundamentals
Wills, Trusts, Powers of Attorney, & Health Care Directives
Counseling
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Handout/Material Posted on ELC Website
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September
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Estate Planning
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Handout /Material
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25
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Fundamentals (con’t) or
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Posted on ELC
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(Wednesday
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Website
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9:30-12)
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Medicaid Home Care
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September 26 Seminar
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Article 81 Hearings
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Handout /Material Posted on ELC Website
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Court observation: Justice Tanya Kennedy, Supreme Court, N.Y. County, 111 Centre St., Room 934 (meet outside courtroom at 9:30 a.m.)
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Week 6 September 30-October 4
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Date
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Topics
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Assignments
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Activities
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September 30 (Monday)
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Submit reflection memo on court observation to your folder on ELC website by 9 a.m. today
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October 1 Seminar
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Case rounds
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Handout/Material Posted on ELC Website
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October 2 (Wednesday)
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October 3 Seminar
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Article 81 Guardianships: assessing mental capacity
Guest speaker: Dr. Merrill Rotter, Director, Division of Law & Psychiatry, Albert Einstein College of Medicine
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Handout /Material Posted on ELC Website
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Week 7 October 7-11
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Date
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Topics
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Assignments
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Activities
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October 7 (Monday)
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October 8 Seminar
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Case rounds
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Handout/Material Posted on ELC Website
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October 9 (Wednesday)
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October 10 Seminar
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Recognizing & preventing Elder Abuse
Guest speaker: Donna Dougherty, Managing Attorney, Queens Legal Services for the Elderly
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Handout /Material Posted on ELC Website
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Week 8 October 14-18
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Date
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Topics
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Assignments
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Activities
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October 14 (Monday)
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Prepare written self-assessment
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Mid-semester meetings
Continue work on cases & projects
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October 15
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Prepare written self-assessment
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Mid-semester meetings
Continue work on cases & projects
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October 16 (Wednesday)
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Prepare written self-assessment
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Mid-semester meetings
Continue work on cases & projects
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October 17
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Prepare written self-assessment
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Mid-semester meetings
Continue work on cases & projects
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Week 9 October 21-25
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Date
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Topics
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Assignments
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Activities
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October 21 (Monday)
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October 22
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Case rounds
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Handout/Material Posted on ELC Website
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October 23 (Wednesday)
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October 24
Seminar
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Topics in elder law & perspectives on practice
Guest speaker
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Handout/Material Posted on ELC Website
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Reminder:
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Week 10 October 28-November 1
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Date
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Topics
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Assignments
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Activities
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October 28 (Monday)
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October 29 Seminar
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Case rounds
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Handout/Material Posted on ELC Website
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October 30 (Wednesday)
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October 31 Seminar
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Topics in elder law & perspectives on practice
Guest speaker
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Handout /Material Posted on ELC Website
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Week 11 November 4-8
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Date
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Topics
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Assignments
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Activities
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November 4 (Monday)
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November 5 Seminar
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Case rounds
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Handout/Material Posted on ELC Website
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November 6 (Wednesday)
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November 7 Seminar
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Topics in elder law &
perspectives on practice Guest speaker
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Handout /Material Posted on ELC Website
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Week 12 November 11-15
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Date
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Topics
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Assignments
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Activities
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November 11 (Monday)
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November 12 Seminar
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Case rounds
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Handout/Material Posted on ELC
Website
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November 13 (Wednesday)
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November 14 Seminar
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Topics in elder law & perspectives on practice
Guest speaker
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Handout /Material Posted on ELC Website
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Week 13 November 18-22
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Date
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Topics
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Assignments
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Activities
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November 18 (Monday)
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November 19 Seminar
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Case rounds
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Handout/Material Posted on ELC Website
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November 20 (Wednesday)
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November 21 Seminar
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Topics in elder law & perspectives on practice
Guest speaker
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Handout/Material Posted on ELC Website
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Week 14 November 25-29
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Date
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Topics
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Assignments
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Activities
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November 25 (Monday)
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November 26 Seminar
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Case rounds
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Handout/Material Posted on ELC Website
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November 27 (Wednesday)
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November 28
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Enjoy Thanksgiving Break
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Week 15 December 2-6
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Date
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Topics
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Assignments
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Activities
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December 2 (Monday)
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December 3 Seminar
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Case rounds
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Handout/Material Posted on ELC Website
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December 4 (Wednesday)
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December 5 Seminar
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End of semester feedback & reflection party
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Handout /Material Posted on ELC Website
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Reminder:
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December 9-20 Law school exam period
Complete work on cases & projects
University of Miami Health Rights Clinic
LAW 786 CLINIC SYLLABUS SPRING 2014
HEALTH RIGHTS CLINIC
University of Miami School of Law, Room F303
Professor JoNel Newman (305) 284-4125 jnewman@law.miami.edu
Associate Director, Melissa Swain (305) 284-1539 mswain@law.miami.edu
Clinic Paralegal, Vanessa Alpizar (305) 284-3361 valpizar@law.miami.edu
Faculty Assistant, Mary Cruz (305) 284-1685 mcruz1@law.miami.edu
Administrative Assistant, Albert Arguello (305) 284-5291 aarguello@law.miami.edu
CLASS SCHEDULE
Tuesday, 1:30-3:50 PM; Room F200
REQUIRED READINGS AS NOTED ON SYLLABUS
CLASS POLICIES
Supervision/Case Rounds
This course requires weekly supervision meetings with your designated student partner and supervising attorney. You are expected to review your cases prior to each supervision meeting, bring a written agenda and be prepared to discuss case assignments. Additionally, you are required to submit an updated case status via email to your supervisor by 5:00 pm each Friday.
Classroom Responsibilities:
Please complete the assigned reading before class. This course requires regular and prompt student class attendance, preparation, and participation as well as significant clinical obligations. Poor student class attendance and punctuality, inadequate class preparation and participation or any failure to meet clinical obligations may result in withdrawal from the course, a lowered grade, and/or a failing grade. Note that more than three (3) absences may result in a lowered grade. More than four (4) absences may result in withdrawal.
Grading
70% of the course grade will be based on meeting the 16 learning goals set forth in the handbook and timely completion of assignments. Class participation, clinical hours, weekly case supervision agendas and case status updates will comprise 20% of your grade. Each student is also required to participate in the Clinic’s Access to Justice Project and your work on this project will comprise 10% of your grade. There is no final examination.
Computers, Pagers, Telephones, & Tape Recording
Please refrain from use during class, except by permission.
Accommodations
If you have a disability, or suspect that you may have a disability, the Law School encourages you to contact Iris Morera, Coordinator, Disability Services at the Office of Disability Services for information about available opportunities, resources, and services. Her phone number is 305-284-9907, and her email address is imorera@law.miami.edu. You may also visit the Office of Disability Services website at www.law.miami.edu/disability-services.
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CLINICAL WORKSHOP
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SPRING 2014
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CLASS DESCRIPTION
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DATES
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1
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Forensic Psychiatry Workshop and Mock Hearing
Assigned Reading: Deposition Transcript and Wolfe & Proszek, Social Security Disability
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January 21
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2
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Access to Justice Training
Assigned Reading: Ronald W. Staudt, White Paper: Leveraging Law Students and Technology to Meet the Legal Needs of Low-Income People (2007)
View link: http://a2jclinic.classcaster.net/training-materials/
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January 28
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3
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Veteran’s Benefits Training and Continued Law and Technology Training
Assigned reading: TBA
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February 4
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4
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Effective Client Communication
Assigned Reading: Ellman, Dinerstein, Gunning, Kruse and Shalleck, LAWYERS AND CLIENTS (2009), Chapter 2, Connection Across Difference and Similarity.
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February 11
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5
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Lawyering for Poor People
Assigned Reading: Goldberg v. Kelly, 397 U.S. 254 (1970); Matthews v. Eldridge, 424 U.S. 319 (1976).
Assignment: Mid-semester self-evaluations due before 5:00 p.m. February 21st.
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February 18
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6
7
8
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Individual Evaluation Meetings
Ethical Issues for Clinicians
Assigned Reading: ABA Standing Committee on the Delivery of Legal Services, White Paper: An Analysis of Rules that Allow Lawyers to Serve Pro Se Litigants (2009).
Legal Technology and Ethics
Assigned Reading: Will Hornsby, Professional Responsibility When Lawyering in a Virtual World (2008).
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February 25
March 4
March 18
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CLINICAL WORKSHOP
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SPRING 2014
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CLASS DESCRIPTION
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DATES
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9
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Firm Meeting and Case Rounds
Assigned reading: TBA
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March 25
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10
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Lawyering and Technology
Assigned reading: Kimbro, Practicing Law Online: Creating a Web-Based Virtual Law Office (2010).
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April 1
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11
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Student Access to Justice Presentations
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April 8
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12
13
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Student Access to Justice Presentations
Careers in Law: Presentation from Clinic Alumnae
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April 15
April 22
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Assignment: Draft Transitional Case Memos due by 5:00 pm on April 23, 2014.
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Assignment: Final Transitional Case Memos due by 5:00 pm on May 2, 2014
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