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Health Justice 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

CLIN7194

Health Justice Clinic

The Health Justice Clinic provides students with the opportunity to develop practice skills and an intensive understanding of various aspects of health law. Students serve as counsel to clients seeking to put in place advance directives such as health care proxies or instruction directives, documents which are designed to ensure that the client’s wishes are carried out. Students may also counsel clients in other types of cases such as landlord-tenant actions; housing discrimination on the basis of disability, age, and health status; accessibility; and Veterans disability benefits claims and appeals.

Students are supervised in their activities by clinic faculty who are attorneys licensed to practice in New Jersey, but the students will have primary responsibility for the conduct of the case. Students draft all pleadings and make court appearances on behalf of their clients. The clinic offers training in techniques of advocacy and in legal ethics as well as providing an important service to those who would otherwise be unable to afford legal representation. The clinic is open to day and evening students who have completed at least two-thirds of the credits required to graduate.

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



Minimum Cumulative 2.60 GPA (2.33-2.60 with a waiver), Evidence, Professional Responsibility, 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

CLIN7195

Health Justice Clinic



The Health Justice Clinic will provide students with the opportunity to develop both litigation practice skills and transactional skills, along with an intensive understanding of various aspects of health law. Students may serve as counsel providing full representation to clients in housing cases including landlord-tenant actions and evictions, as well as housing discrimination, accessibility, and housing conditions cases. Students may provide representation from original interview through final judgment. Students may also serve as advisors to clients seeking to put in place advance directives such as health care proxies or instruction directives, documents which are designed to ensure that the client’s wishes are carried out. In addition, students may provide advice, brief service, and counsel to individuals without providing full representation.

Students are supervised in their activities by clinic faculty who are attorneys licensed to practice in New Jersey, but the students will have primary responsibility for the conduct of the case. Students draft all pleadings and make court appearances on behalf of their clients. The clinic offers training in techniques of advocacy and in legal ethics as well as providing an important service to those who would otherwise be unable to afford legal representation. The clinic is open to day and evening students who have completed at least two-thirds of the credits required to graduate.

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



Minimum Cumulative 2.60 GPA (2.33-2.60 with a waiver), Evidence, Professional Responsibility, Persuasion and Advocacy. NOTE: Students cannot participate in an externship in the same semester in which they are enrolled in a clinic.

1

Seminar

in-class

 

Professor: Katherine Moore

Offered: Fall and Spring semesters

Credits: 5

INTRODUCTION

The Health Justice Clinic (HJC) is a Medical-Legal Partnership (MLP) that provides free legal services to individuals needing representation in a wide variety of health-harming civil legal matters.

The HJC is an innovative, interdisciplinary, and collaborative effort to address the social determinants of health. Students work alongside health care professionals, community service providers, and medical students to holistically address the legal and social issues that impact health. Through direct legal services, training, and systemic advocacy, students will address the civil legal needs that can profoundly affect health. Social and environmental factors, such as income, access to health care, access to benefits, access to housing, healthy housing conditions, access to healthy food, education, job stability, and personal safety, all have an impact on health. The intervention of the HJC may improve health outcomes for individual patients as well as save health care costs system-wide.

Students serve as advisors to clients who seek to put in place advance directives such as health care proxies or instruction directives, documents which are designed to ensure that the client’s wishes are carried out. Students interview clients, advise them of their rights, and answer their questions. Clients are frequently Geriatric Services patients, and special attention is paid to Elder Law issues. Students also provide legal services for clients with health-harming civil legal needs, such as landlord-tenant actions; housing discrimination on the basis of disability, age, and health status; accessibility; and Veterans disability benefits claims and appeals.

Past cases of the clinic have included advance directive and healthcare proxy advice, landlord-tenant cases involving health-harming housing conditions, Medicaid Part D eligibility, estate planning and will preparation, advice on obtaining power of attorney, and special education law referrals. Students frequently collaborate with health care professionals on their cases.

Students also conduct trainings for health care professionals, give know-your-rights presentations for the community, identify opportunities for systemic change, and advocate for regulatory and policy reform through advocacy writings.

In class, students will explore the policy and theory behind the MLP model, investigating health policy, holistic advocacy, ethical issues, and privacy concerns. Class sessions will cover clinical methodology, substantive law, advocacy strategies, theories of social justice, and current issues in health care. The work might include interviewing, investigation, legal research, motion practice, discovery, negotiation, preparation of lay and expert witnesses, contested and uncontested trials and hearings, oral argument of motions, and the preparation of trial and appellate briefs. Students work under the supervision of the clinical professor, but assume primary responsibility for their assigned cases, including court appearances.

Clinical Law Practice

Students work closely under the supervision of clinical faculty in all phases of case work from initial client interview through trial, and appeal where warranted. Students will interview and counsel clients, work with interpreters, interview witnesses, conduct factual investigations, engage in legal research and analysis, draft moving papers and legal documents, argue motions, conduct negotiations, prepare clients and witnesses for trial, and conduct trials. Students may conduct and defend depositions and participate in the appeal of cases.

Students are required to spend approximately fifteen hours per week in practice during the spring and fall semesters, and at least thirty hours per week during the summer.

Travel Note

Students will be asked to travel outside of Newark in order to staff various health centers in the area.

Clinical Law Practice

Students work closely under the supervision of clinical faculty in all phases of case work from initial client interview through trial, and appeal where warranted. Students will interview and counsel clients, work with interpreters, interview witnesses, conduct factual investigations, engage in legal research and analysis, draft moving papers and legal documents, argue motions, conduct negotiations, prepare clients and witnesses for trial, and conduct trials. Students may conduct and defend depositions and participate in the appeal of cases.

Students are required to spend approximately fifteen hours per week in practice during the spring and fall semesters, and at least thirty hours per week during the summer.

The Seminar

The classroom component will include lectures and simulations reviewing the substantive law in the relevant practice areas, basic practice and procedure, evidentiary issues, and advanced trial advocacy skills.

Note: You will be required to attend class, office hours and court hearings during the day. If you are employed, you must have flexibility to participate in the clinic during at least some regular business hours.