Professor: Adelina Herrarte
Offered: Fall and Spring semesters
Credits: 5

INTRODUCTION

The Health Justice Clinic provides free legal services to individuals needing representation in a variety of civil legal matters, addressing the social determinants of health with a focus on maintaining safe and affordable housing. The clinic is part of the Housing Justice Project funded by the State. Through direct legal services, community education, and systemic advocacy, students will address the civil legal needs that can profoundly affect health. Social and environmental factors, such as access to affordable and safe housing, access to food and health care, and a stable source of income all have an impact on health. The clinic aims to improve overall health outcomes for individual clients, which may also save health care costs system-wide.

Students represent tenants who live in a variety of housing settings, including private apartments and houses, publicly funded affordable housing, and supportive housing programs for people with disabilities. Students conduct client intake, review court files and other records, prepare witnesses for trials, and represent tenants in case conferences and trials before the Special Civil Part of the Superior Court. Students may write briefs in support of their clients’ cases. Students also work with tenants to address civil legal issues related to housing insecurity, including loss of disability benefits or other income, access to medical treatment, executing advance directives, and negotiating medical debt. For example, students may represent clients who need to appeal a denial of a Social Security Disability or Supplemental Security Insurance application. Students may also represent clients to appeal a health insurance plan’s denial of medically necessary treatment that could prevent the need for institutional placement and keep them in their homes. Students may also advocate with health care providers and charities to reduce or eliminate clients’ medical debt.

Students in the Health Justice Clinic frequently produce written work such as updates on issues at the nexus of health and housing and community education materials.

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 their cases. Students draft all pleadings and appear 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.

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 195 hours of work on their cases during the fall and spring semesters. 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 1-credit seminar meets once per week for two hours.  The classroom component includes lectures and simulations reviewing the substantive law in the relevant practice areas, basic practice and procedure, theories of social justice, ethical issues, and advocacy skills.