Conference on New Ideas for Experienced Teachers

June 9–13, 2001
Calgary, Alberta, Canada

Back to list of Conference Materials

Debra Pogrund Stark
The John Marshall Law School

Over the past two years I have offered the students who have completed my real estate transactions course the opportunity to work with me and another attorney on various real estate projects on a pro bono basis. The legal work allows the students to put into practice what they have learned in class in a highly supervised setting and to begin to learn something that is very hard to teach in class, something I call “transactional skills”. When I refer to transactional skills I am referring to skills in communicating with a client and ascertaining the client’s special goals and needs, knowledge of rules of law and construction, knowledge of the customs and forms in a specific industry, negotiation of terms of the transaction, issue spotting and issue solving and closing the deal. While assisting in representing clients, the students are able to be introduced to these skills and begin to develop them.

In addition to assisting in representing the client, the students prepare a paper on an aspect relating to the representation and are graded in their independent study with me based upon their legal work and their paper.

I have worked with several students, attorneys, and clients on several projects utilizing what I call a “pro bono partnership” model. So far the projects have been very successful for all involved. In the handout attached, I describe what a pro bono partnership is, why law professors should consider creating one, and how to do it. If time permits, I will also note a few examples of how to directly incorporate pro bono representation into the substantive courses we teach.

After presenting my experiences and those of others, I look forward to a “brainstorming” type session where each member of the group can discuss what areas of law they teach and how they can create pro bono partnerships or otherwise incorporate pro bono representation into the current courses they teach.

I. WHAT IS A ‘PRO BONO PARTNERSHIP”?

As used in this outline “Pro Bono Partnership” means a teaming up of a law school professor, one or more of her law students, and a practicing lawyer, in the representation of a client on a legal matter on a pro bono basis. The professor offers the opportunity to her students through an independent study in which the student is graded based upon her work on the legal matter and the paper she writes on one of the aspects of the matter she worked on.

II. WHY DO IT?

• It provides your students with a chance to build on what they have learned in your class and to gain skills in representing a client in a highly supervised setting.
• You will be teaching your students of the importance of providing pro bono legal services.
• You and your students will feel good about helping others in need.
• It will sharpen your lawyering skills that may have dulled with lack of use.
• The experience may enlighten your teaching and scholarship.
• It provides the attorney volunteers with a chance to mentor and to teach and to reconnect with legal academia in a collaborative setting.
• You will be providing excellent legal assistance to people in need of representation who might otherwise not have any representation.

1. General Approach/Steps
   1. Pick an area of law that you teach that has pro bono opportunities.
   2. Find a legal service organization or community organization that can identify appropriate clients to refer legal matters to you.
   3. Find a practicing attorney who is an expert in the area to work with you and your student[s] on the project.
   4. Delineate the respective roles/duties of yourself, the student, and the attorney in representing the client.
   5. Integrate the pro bono representation work with your teaching.
   6. Plan on doing at least one pro bono partnership each year/Obtain administrative approval of your “program.”

2. Two Case Studies

   Legal Representation of Habitat for Humanity in connection with the American Bar Association, Real Property Section’s Pro Bono Initiative

   Legal Representation of Various Low Income Home Purchasers referred by the Community Economic Development Law Project