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Association of American Law Schools 2003 Annual Meeting Washington, D.C. Thursday, January 2 - Sunday, January 5, 2003 | |||||||||||||||||||||
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Friday, January 3, 2003 8:45 a.m.-5:30 p.m. Annual Meeting Workshop on Dispute Resolution: Raising the Bar and Enlarging the Canon
Concurrent Session: Community Lawyering Community Oriented Lawyering: Roger Conner
 
  The basic unit of work for line attorneys is a problem rather than a case.In this new strategy, prosecutors think of drug markets instead of drug cases; legal services lawyers focus on the health of neighborhoods not only the list of addresses on their case-files.
The tool kit is larger. To these offices, conventional case processing is simply a tool, not an end in itself. The new prosecutors use civil instead of criminal suits, legal aid lawyers invent new forms of action to get vacant properties quickly into the hands of non-profit developers, and defenders may collaborate in creation of new drug courts and mental health courts. All of them mobilize neighborhood residents, educate potential victims, use non-adversarial remedies; in other words, whatever it takes. They are much more likely than their peers to rely on negotiated, voluntary compliance.
The relationship to the community is different. In the new approach, the community is seen as a potential partner, not merely a passive client. The community helps define what is important and also what constitutes success. Line prosecutors meet with neighbors and business owners to identify urgent priorities, sometimes moving their offices the neighborhoods to learn, first hand, why car theft is a priority of local residents. Defenders listen actively to victims and support new laws to prevent crime and improve programs to prevent crime. Law schools establish new clinics based on a canvass of the needs of neighborhood organizations rather than the existing law school curriculum.
Collaboration with other groups is frequent and intense. In more conventional practice, lawyers work alone or in small groups. Once an office or division shifts to solving problems and generating outcomes, it discovers that success depends on educating, persuading, cajoling, meeting, sharing information, and (even) sharing power with other agencies and organizations, public and private. U.S. Attorneys discover that they need street gang workers from non-profit organizations to stop gun violence. Public interest lawyers discover they must work with police when they represent neighborhood groups. Defense attorneys need the help of prosecutors and judges to clear outstanding warrants so their clients can get employment. Pro bono attorneys need volunteer psychiatrists to help mentally ill clients apply for disability benefits.
The key question is different. The conventional practice is revolves around the question, "What happened?" The newer offices ask, in addition, "What's happening?" The angle of vision is profoundly different: One is trying to assign responsibility for what has happened; the other, in addition, seeks to reshape what will happen.
Law School Clinics: Many law schools now have clinics where clients are community organizations or small businesses operating in distressed communities. Others have pioneered a holistic approach to individual client representation in areas such as family law, loss of public benefits, and criminal defense.
Pro Bono: In many communities, pro bono attorneys are helping local non-profit organizations, representing start-up small businesses in distressed communities, and playing a part-with other professionals-in holistic responses to complex human problems such as homelessness, addiction, untreated mental illness, and child abandonment and abuse.
Legal aid and legal services: Some offices have shifted to "holistic" representation, treating the legal issue that the client brings in-such as eviction or loss of public support-as the "presenting problem" only. Others have set up separate divisions to represent community groups rather than individuals, which often involve an extensive transactional law practice.
Community Prosecution: District Attorneys, U.S. Attorneys, and City Prosecutors in many jurisdictions have reassigned line attorneys to specific, high-crime neighborhoods where they generate new, collaborative strategies to address chronic problems, often using their knowledge and status as leverage to cause public agencies to address underlying causes. Others create divisions or sections that take a problem-solving approach to a class of cases.
Community Oriented Defenders: Some defender agencies are shifting to holistic representation, employing social workers and former prisoners, for example, to persuade judges to forego incarceration by assembling a meaningful plan for addressing the life issues that are giving rise to crimes. Others are creating offices or divisions to represent clients from specific neighborhoods, so they can work with community groups to create networks and services of support for persons under community supervision, and better support community groups seeking system change.
Private practitioners: Some attorneys whose practice is protecting against violations of civil rights or environmental laws routinely use litigation or the threat of litigation as leverage to bring traditionally excluded groups to the table for formal collaborative problem-solving processes.
Municipal attorneys: City/county attorneys as well as in-house lawyers in local agencies are well positioned to take a pro-active, problem-solving approach to chronic problems rather than limiting themselves to serial, unsatisfying court battles.
Lawyers outside of government:
Prosecutors and Municipal Attorneys: The police perspective
In Prosecutors' offices
Where does Community Lawyering add the most value?
It takes more time per client served. How can we measure the work and evaluate the benefits and costs?
What are the risks and dangers of this new approach?
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