Civil Litigation and Practice Clinic


Learn about Seton Hall Law Clinics

 

Center for Social Justice (CSJ)
[email protected] | 973-642-8700 or 973-761-9000 ext. 8700
833 McCarter Highway, Newark, NJ 07102

 

Number Name Credit Type Offering

CLIN7180

Civil Litigation Clinic

The Civil Litigation Clinic handles a variety of civil cases on behalf of its clients, with a primary focus on civil rights, housing, and education cases. During the semester, students may handle all aspects of a civil case, from conducting an initial interview to trying a case or arguing a motion. Students draft complaints, answers and counterclaims; propound and respond to interrogatories and document requests; conduct and defend depositions; draft motions and memoranda of law; conduct settlement negotiations; and appear in court. The seminar is designed to ensure that students develop a common base of litigation skills through simulated exercises and will also introduce students to relevant substantive law. In addition to the seminar, students participate in weekly team meetings for the cases for which they are responsible. The clinic requires an average of fifteen hours per week in addition to the two-hour seminar. Litigation demands will vary on a weekly basis, and students must have the flexibility to commit more extended hours to meet court deadlines. Clinics are open to all students who have completed 2/3 of the credits required for graduation.

The course is letter-graded for both the clinical and class components.



Prerequisites: Minimum Cumulative 2.60 GPA, Evidence, Professional Responsibility and Persuasion and Advocacy.

Note: Students cannot participate in an externship in the same semester in which they are enrolled in a clinic.

4

Clinic

in-class

CLIN7181

Civil Litigation Clinic

The Civil Litigation Clinic handles a variety of civil cases on behalf of its clients, with a primary focus on civil rights, housing, and education cases. During the semester, students may handle all aspects of a civil case, from conducting an initial interview to trying a case or arguing a motion. Students draft complaints, answers and counterclaims; propound and respond to interrogatories and document requests; conduct and defend depositions; draft motions and memoranda of law; conduct settlement negotiations; and appear in court. The seminar is designed to ensure that students develop a common base of litigation skills through simulated exercises and will also introduce students to relevant substantive law. In addition to the seminar, students participate in weekly team meetings for the cases for which they are responsible. The clinic requires an average of fifteen hours per week in addition to the two-hour seminar. Litigation demands will vary on a weekly basis, and students must have the flexibility to commit more extended hours to meet court deadlines. Clinics are open to all students who have completed 2/3 of the credits required for graduation.

The course is letter-graded for both the clinical and class components.



Prerequisites: Minimum Cumulative 2.60 GPA, Evidence, Professional Responsibility and Persuasion and Advocacy.

Note: Students cannot participate in an externship in the same semester in which they are enrolled in a clinic.

1

Clinic

in-class

 

Professor: Kevin B. Kelly
Offered: Fall and spring semesters.
Credits: 5

Introduction

The Civil Litigation and Practice Clinic handles a variety of civil cases on behalf of its clients, with a primary focus on landlord-tenant cases and housing-related civil matters as part of the Housing Justice Project funded by the State. During the course of a semester, students may handle various aspects of civil cases, from conducting an initial interview to arguing a motion or conducting a trial. Students draft complaints, answers, and counterclaims; propound and respond to interrogatories and document requests; conduct and defend depositions; draft motions and memoranda of law; conduct settlement negotiations; appear in court; and/or represent clients in trials. The Clinic also undertakes community education and advocacy as part of the Housing Justice Project.

Course Structure

The Civil Litigation and Practice Clinic has two complementary portions: a two-hour, 1-credit, weekly seminar focusing on procedural, evidentiary and ethical rules, as well as skills training; and a 4-credit clinical component in which students work for 195 hours on actual cases for actual clients. Students may be required to attend office hours, client meetings, or court hearings during the day, and if they are employed, they must have flexibility to participate in the clinic during at least some regular business hours.

The Seminar

The seminar focuses on substantive housing law and the rules governing the process of litigation. There is a particular emphasis on developing case theory, the strategic implications of procedural rules and their interaction with rules of evidence, substantive rules of law, and the Code of Professional Responsibility. Another component of the seminar is devoted to instruction in actual pretrial skills, and a substantial portion of the seminar grade is based on preparation for and performance during simulations. In addition to the seminar, students participate in weekly team meetings concerning the cases for which they are responsible. The overall goal of both the seminar and clinical portion of the course is to improve writing, communication, negotiation and analytical skills that are critical to effective lawyering; to appreciate the importance of fact development and presentation; to become consistently self-conscious and self-critical about strategic decisions taken throughout the course of the litigation; and to contribute to a sense of responsibility about the capacity of the law and legal institutions to do justice.