Civil Litigation and Practice Clinic

Courses

• Civil Litigation Clinic - 4 credits
• Civil Litigation Clini - 1 credit

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

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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.