Introduction

Students working in the Barton Child Law and Policy Clinic will work on current legal and policy issues affecting abused and neglected children in Georgia and the systems that work with the children and their families. Students in the clinic will not provide direct representation for clients but will instead work on research and advocacy projects that have a systemic impact on the way courts and child protection agencies handle child abuse and neglect cases. Projects will arise from requests by agencies, courts, or legislative committees focusing on these issues, or from current events that affect the system. For three hours of graded credit, students will work a minimum of 165 hours on clinic matters.

During the time that you are working in the Clinic you will be living the life of a child advocate-collaborating with court personnel and child advocacy organizations, drafting legislation and developing strategies to support its passage, initiating projects designed to effect systemic changes. Some of the work will be exciting and have the potential to make sweeping changes; other work will be the initial exploration into a long-range proposal that may or may not come to fruition. Some work will demand sophisticated research skills and some work will be administrative tasks required to keep a non-profit child advocacy organization viable.

The life of a child advocate is not a neat 9-5 position that is left at the office each evening; events and meetings vary in timing and location, and the stories of the children stay with you long after the office is closed. While challenging and difficult, working in this field can be one of the most rewarding professional choices you can make. I am excited that you have chosen to spend a semester exploring this field and am privileged to have the opportunity to work with you and learn from you this semester.

Course requirements

Clinic Work and Office Hours

As a student attorney in the Clinic, you are expected to put in as much time as is required to successfully complete your projects during the semester. The minimum amount of time you are required to work is 165 hours, averaging about 12 hours per week. Because you may be working with community groups, you need to have the flexibility to attend evening and weekend meetings. Student attorneys in the Clinic are responsible for all aspects of matters the Clinic undertakes, even those aspects that do not fall neatly within scheduled time frames. While I hope that all matters can be scheduled so that the work can be accomplished during predictable work hours, you must be prepared to meet your responsibilities as the project demands, just as any responsible lawyer must. Team members will be expected to coordinate their work hours to maximize the amount of time spent working together on projects.

You are required to keep regular office hours. By Friday, September 8, 2000, you are to establish and post your office hours for the semester. You are expected to be working in the Clinic during your posted hours, or working on Clinic matters if they take you away from the office. If you are working in a place other than the Clinic (i.e. attending meetings, doing research in the library), post your schedule on the Clinic conference (or follow other instructions for communicating your schedule). As soon as you schedule meetings and other out-of-office activities, post this information for others working in the Clinic; do not wait until the day you will be out to let people know.

Meetings and appointments are often scheduled at odd and unpredictable times, particularly during the legislative session. If you have a conflict with another law school class or a school-related commitment, try to resolve the conflict within your team. If no one on your team can participate, see if a student from a different team can cover the event. It is your responsibility to fully prepare another person who is covering a meeting, hearing, or other appointment for you (i.e. brief him/her on the issues, provide files/materials to that person). If the conflict cannot be resolved among the students or if there is not time to address the conflict, let me know as quickly as possible. During the legislative session hearings are often rescheduled at the last minute for later in the day, or an emergency meeting might be called on an hour's notice. In these situations, there may not be time to contact everyone else in the Clinic before contacting me.

The Clinic has two telephone numbers with voice mail, a web site, and an Emory Law School email address. During your office hours you are responsible for handling calls and requests that come to the Clinic. When we meet to discuss schedules and the Clinic projects, we will discuss the details of how these responsibilities will be shared among students working in the Clinic.

You are expected to remain current on child advocacy issues by reading the publications and list serve notices that come to the Clinic. Always be looking for information that should be disseminated to others working in this field.

Professionalism in the office

At all times when working on Clinic matters, you are expected to demonstrate integrity, honesty, commitment to the work, sensitivity to child protection issues and the professionals and volunteers working in this field, and professional, courteous behavior toward everyone you encounter in person or on the telephone.

As a student attorney in the Clinic, you are expected to demonstrate knowledge of the rules of professional conduct and to identify potential ethical issues in matters the Clinic undertakes. You are also expected to observe the ethical rules of confidentiality and not discuss confidences outside the Clinic. Even though most matters within the Clinic will not involve a client per se, they should be treated as though they are confidential client matters.

Child advocacy matters often have an emotional aspect. The Clinic environment is a safe place to discuss the variety of emotions that these issues can evoke and how they can impact the work you are doing. Most people working in this field need a forum to discuss the emotional impact of the work and to devise strategies for handling strong emotions when they arise; the Clinic should be such a forum-I encourage you to bring these issues up in meetings and in your weekly field notes.

Lawyers often disagree on how to handle a case or an advocacy matter. Disagreements within the Clinic will be handled with respect, consideration, and professionalism, with a constant focus on the best interests of children.

Think first, then ask

One of the goals of the Clinic is to instill in you a spirit and habit of independence. You should leave the Clinic well on your way to being a successful advocate. Toward this end, you should independently consider, research, study, analyze, and learn before asking "what do I do now" or "how do I do it." Other students in the Clinic may be your best source of information and strategies. Learn to learn from each other and to teach each other. The Clinic is a living library so use it.

If you have not sorted through various approaches before discussing a matter with me, I may reschedule our conversation to allow you time to work through the issue on your own. This is not to say, however, that you should not seek guidance, direction, and feedback. An essential skill of successful lawyers is knowing what questions to ask and when to ask them. It is a terrible waste of resources for you to spend hours working on the wrong issues or looking in the wrong places when a few questions could have prevented that work.

Field Notes

Each student will prepare comprehensive and detailed weekly field notes. These notes are due [deadline dependent on wkly mtg]. They should be submitted as a Microsoft Word attachment via email to worthing@law.emory.edu. The notes should include a detailed description of what your team did that week on your project and what you anticipate doing the following week; any thoughts and feelings about the work; what you learned from the experience (i.e. what worked out well, anything that might have been done differently, how the work met or failed to meet your expectations, etc.); and whether and how assigned readings and Clinic discussions (if any) enhanced your work or your reflection on it. If a majority of your week is spent on a single activity (i.e. researching an issue, preparing for a presentation) then your field notes should reflect your thought process and your research or preparation strategies; for example, they might contain an outline of what you have already learned and what you anticipate finding by proceeding along the path you have chosen.

The purpose of the field notes is to provide you with opportunities to clarify in writing your sense of the work you are doing and your reactions to your advocacy experiences. They will also provide me with information about how your work is being handled and how you are grappling with your advocacy and course responsibilities. These reflections should not be an account of only what you have done or a listing of gripes. Rather, they are an opportunity to work through in writing what you find most interesting or most troubling about child advocacy work, issues, events, relationships, or readings. The ability to draw explicit lessons learned from one's experiences is an important "practical" skill just like interviewing, negotiating, or conducting hearings. It is the kind of skill that often separates exceptional attorneys from the rest of the bar. You are encouraged to fully develop your thoughts and not hesitate to exceed the minimum page limit.

The field notes should be as long as necessary to thoroughly describe and reflect upon your activities, but should not be less than 1.5 single-spaced typed pages. If your work during the week does not stimulate one and one-half pages' worth of analytical or reflective thinking, please schedule time to meet with me to discuss your current workload. As with all memos recounting events, they will be far more detailed and reliable if segments are written as soon as possible after the activities they describe. The field notes (and our discussions of them) will be one of the primary means through which I will learn about and assist you with your work.

The field notes should be accompanied by a detailed time sheet in MS Excel. A sample time sheet is attached.

Your initial field notes are due the week of September 11-15, 2000. They should include any personal and professional goals you have for the semester. The field notes that will be turned in the week of September 18-22 should include a written description of your semester project goals, the strategies for reaching those goals, a timetable for the implementation of the various strategies, and any problems you foresee in reaching the goals.

Your final field notes, due by 5pm, Friday, December 8, 2000, will be a comprehensive and critical evaluation of the work you did over the course of the semester. When writing these final notes you should re-examine your original goals and strategies; determine whether or not they were met; if they were met, how they were met; if they were not met, why not; and how problems you faced along the way were handled. Also include thoughts on what impact, if any, the Clinic experience has had on your future professional plans. The final notes should include an evaluation of the Clinic experience-what aspects of the Clinic worked well, what areas need improvement, suggestions for changes, etc. The final field notes should include final observations about the systems and organizations with which you worked during the semester. If you had the power to make changes, what changes would you make in any aspect of the child protection/child welfare system? What is working well and why? What is not working well and why? The final field notes should not be less than five single-spaced pages.

Teams

Most of your work in the Clinic will be performed as a team member. When you work as a team, you are expected to work cooperatively and to multiply your individual skills and knowledge. While there will be times when it is most practical and efficient to divide the work among team members, you are expected to collaborate on most aspects of the work. Each team member will be held responsible for the work of the entire team. We will discuss the composition of the teams when we discuss the workload for the semester and assign projects.

In this field it is common for lines distinguishing the roles of various professions to become blurred. Lawyers and judges perform functions that lean toward social work, social workers actively assist in building cases for trial, etc. Since much of the work in this field involves working with a variety of professions, we are fortunate to be able to form multi-disciplinary teams within the Clinic. This year we will have student attorneys who are working toward their JD's and a student social worker working toward her MSW. As the time goes on, we hope to integrate other professionals into the Clinic as well. Remember that all team members are critical to the success of the teams, regardless of background, training, or profession.

Clinic meetings

As a collective undertaking to learn and teach together, it is essential that everyone attends, prepares in advance for, and actively participates in every Clinic meeting. In a group this size, one person's failure to do the reading or to participate in a discussion has a negative impact on everyone's experience.

At our initial Clinic meeting we will set a two-hour time block during which we will have weekly Clinic meetings. The deadline for the weekly field notes will be related to the Clinic meeting time.

Assigned Readings

From time to time you will be asked to read assigned materials in preparation for Clinic meetings. The readings will be chosen to enhance your knowledge of the child advocacy field and to supplement the work you are doing on your projects.

Presentations

Each student team will be responsible for leading at least one "workshop" for other students in the Clinic (and possibly students outside the Clinic) during the semester. During the semester each student team will also be responsible for making at least one presentation to a community group, volunteer organization, professional group, or other scheduled gathering of people working on child protection issues.

Roleplays

Some of the Clinic meetings will be devoted to anticipating and/or analyzing issues arising from the work you are doing and roleplaying anticipated or recently undertaken activities. Role plays will be opportunities for you to practice actual work you are about to do or just did and to get feedback from the Clinic participants. Topics might include: introducing yourselves and your projects; interviewing group members; putting on an educational workshop; presenting an argument to a public official; and participating in or leading a community meeting. Role plays will give teams the opportunity to practice a skill before doing it or improve upon a task already performed. All of us will participate in constructive critiques of one another's role plays.

Clinic Web site

Each of you will be responsible for maintaining the Clinic web site, www.childwelfare.net, writing and publishing the Clinic newsletter (to be distributed electronically), and managing the listserve that will be set up through that site. We will discuss these responsibilities in more detail at our initial Clinic meetings.

Periodic Evaluations

People seem to perform best when they receive feedback early and often in a job. In addition to the ongoing feedback you will receive throughout the semester, there will be three scheduled performance evaluations during the semester. You are responsible for scheduling an appointment with me for a 20-30 minute evaluation at the following intervals. The first evaluation should occur as soon as possible after your first substantive submission of work (i.e. memo, presentation), but no later than September 29, 2000. Your second evaluation should take place in the last week of October or the first week of November. Your final evaluation should take place the week of December 4-8, 2000. Prior to each periodic evaluation, you should prepare a 1-3 page self-evaluation. E-mail this as a MS Word attachment to worthing@law.emory.edu at least two full days before our scheduled meeting. Early in the semester I will distribute an article that describes the type of information you should include in your self-evaluation.

Portfolio

All written materials you produce must be compiled in your Clinic Portfolio. Unless otherwise agreed upon during the semester, your portfolio will be electronic rather than paper (a compilation of computer files). Your portfolio is due by 5:00pm Friday, December 8, 2000. The materials to include in your portfolio are:

• all weekly field notes and time sheets
• memos (formal or informal)
• draft materials that are submitted for review and comments
• final written materials
• letters you write
• substantive email exchanges
• written self-evaluations and responses
• notes, outlines, and other materials for presentations and roleplays
• other items we discuss during the semester.

Information should be placed in your "portfolio" file as it accumulates, not in a rush at the end of the semester. The criteria for your final grade is described below. The information you include in your portfolio will provide much of the documentation reflecting the grade you receive. Keep in mind that some of your grade will be based on things that cannot be captured in written materials. You are strongly encouraged to make periodic backup copies of your portfolio to prevent accidental loss.

Grading Criteria

I recognize that as responsible adults, your primary motivation comes from within, from your interest in becoming the best advocates you can, rather that in reaction to external incentive structures. Nonetheless, you need to receive quantifiable feedback on the quality of your work and I want to recognize outstanding performance. Thus, your work in the Clinic will be graded.

The criteria listed below reflect important skills for being a successful lawyer. Think of them as skills you plan to acquire or master during the semester. Some are objective and some are more subjective, particularly given the varying nature of the projects on which you will work. The goal in evaluating everyone's performance is to be as consistent as possible in applying these criteria, given that each project will require different actions and different skills.

Judgment

• Identify project priorities and objectives and obstacles to achieving the objectives.
• Identify options for achieving objectives and make sound recommendations concerning which is the best option.
• Determine whether there is a broader social and political context to issues at hand and how or whether that affects what actions the Clinic should take.
• Appropriately prioritize work assignments.
• Demonstrate awareness of when to ask questions about a project and when additional instruction and guidance is needed from the Clinic Director or other students.
• Demonstrate an awareness of subtleties in Clinic matters, especially with regard to relationships among agencies and the political landscape.

Thoroughness of Research and Analysis

• Identify issues in a Clinic matter and conduct a thorough investigation to gather the information necessary to begin research and analysis of the legal and non-legal issues.
• Conduct research thoroughly and accurately, using computer-based tools, books, publications, phone interviews, and any other relevant mediums, to maximize efficiency and accuracy and minimize wasted effort.
• Identify all relevant positions on an issue and communicate the strengths and weaknesses of all positions.
• When appropriate, make a recommendation regarding what position the Clinic should take, why the Clinic should take that position, identify weaknesses in this position, and determine how to address them.
• Demonstrate awareness of distinctions between the information you find when researching and the matter on which you are working.
• Demonstrate creativity in developing strategies and solutions, but demonstrate an understanding of the reality in which these strategies and solutions must be applied and implemented.

Written and Oral Communication

• Written work and oral presentations should be logical, well-organized, clear, concise, and persuasive.
• Written work should be in the proper format, have a neat, organized appearance, and include all relevant information.
• Written work should be proofread very carefully for typos, spacing errors, grammar, and punctuation. Written work-product should be a polished, finished product when it is handed in for review.
• Demonstrate prior preparation and organization for conversations and meetings with professionals and volunteers working in the field.
• Demonstrate prior preparation and organization for scheduled Clinic meetings and periodic evaluations.

Professional Responsibility

• Demonstrate a knowledge of the rules of professional conduct and an ability to identify potential ethical issues in Clinic matters.
• Demonstrate integrity, honesty, commitment to the work, sensitivity, and professional, courteous behavior toward others.
• Observe the ethical rules of confidentiality, and do not discuss confidences outside the Clinic.
• When appropriate, zealously advocate for issues on which you are working or positions the Clinic has taken.
• Meet all deadlines, whether imposed by the Clinic Director or an outside entity.
• Move matters along at the appropriate speed and be responsive when deadlines are short.
• Develop appropriate professional relationships with other professionals and volunteers in the field.
• Respond appropriately and in a timely fashion to telephone calls, emails, and requests to the Clinic.
• During Clinic hours, check Clinic messages, answer the telephone, check email, and provide co-workers with their messages.
• Keep your team and other relevant people informed of all developments in the matter on which you are working.
• Keep Clinic Director and co-workers informed as to your whereabouts during Clinic hours or if you change your hours.
• Follow through on all commitments to other organizations and agencies, your co-workers, the Clinic Director and others.
• Attend all Clinic and other required meetings, be prepared for discussions, and actively participate in the meetings.
• Turn in complete weekly field notes and time sheets by the established deadline with all required information.
• Complete a minimum of 165 hours of work.
• Follow established procedures for maintaining work files and Clinic materials.
• Lead one workshop for students in the Clinic.
• Make one presentation about child advocacy matters to a group outside the law school.
• Demonstrate appropriate knowledge of current events related to Clinic matters.
• Fulfill responsibilities related to the Clinic web site in a timely and accurate manner.
• Actively participate in evaluations of your work, accept constructive criticism and demonstrate improvement based on feedback.

Grades

As is evident from these criteria, your grade will not be based on a single final product or group of assignments. Instead, it will be based on these criteria and your overall contribution to the Clinic, the work, and the other students. Because Clinic projects differ, some of these categories may weigh in more heavily than others for different students. For instance, if your project does not require developing specific strategies and evaluating the various options, that category may not count as much. Instead, you will be judged on how well you performed in the other categories. In addition, the Clinic is not graded on the law school "curve." Instead, your grade will be determined individually by comparing your actions and work to these criteria.

The following is the general grading scale, with (+) and (-) added to more accurately reflect the deserved grade.

• A - Outstanding performance in all relevant categories, consistently above standards and exceeding normal expectations.
• B - Performance meets standards and expectations in all relevant categories
• C - Performance meets standards and expectations in some categories but is below standards in others.
• D - Performance is consistently below standards in critical categories.
• F - Performance is consistently below standards in most or all categories.