ALEXANDER BLEWETT III SCHOOL OF LAW

UNVERSITY OF MONTANA
FALL 2018, SPRING 2019 – TRANSACTIONAL CLINICS
(RMEF, ASMSU, UMGC, USDA) SYLLABUS

Professor Elaine Gagliardi

Office: Room 205
Office phone: 243-5094
Elaine.Gagliardi@mso.umt.edu

I. WHAT IS CLINIC?

Experience isn’t what happens to you. It’s what you make out of what happens to you.
Aldous Huxley

Your participation in clinic will require a combination of knowledge, skills, values,

judgment, dedication, and hard work, just like the rest of your career will demand of you.
While we cannot prepare you for everything that may happen to you over the course of your
work as an attorney, or however you might choose to use your law degree, our goal is to
help you understand the importance of making something from your experience. Therefore,
we will work with you to:

 Actively engage in your work by planning, doing, reflecting, and integrating what
we’ve learned to enhance your practice and, by doing so, develop your capacity for
self-reflection as key to continuous learning, self-improvement, and self-
development.

 Strengthen your practical understanding of the substantive and procedural areas of

law in which you will be working.

 Build on various fundamental lawyering skills, particularly the identification of

legal issues, and, as appropriate to the clinic placement, legal research and analysis,
problem-solving, communication, organization and management, document-drafting,
and cross-cultural competence.

 Diversify your communication skills through interactions with constituents and

attorneys, or others. Ideally, these interactions will also help you recognize your role
as an attorney and how to collaborate with a range of individuals and interests.

 Do work that makes a difference to the citizens and communities of our local area,
state, region, and, in some instances, nation and world.

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 ALEXANDER BLEWETT III SCHOOL OF LAW
UNVERSITY OF MONTANA
FALL 2018, SPRING 2019 – TRANSACTIONAL CLINICS
(RMEF, ASMSU, UMGC, USDA) SYLLABUS

II. COURSE REQUIREMENTS, EXPECTATIONS & ASSESSMENT

Professionalism
In fulfilling your clinical responsibilities, you are expected to conduct yourself
professionally at all times when interacting with fellow students, colleagues, Supervising
Attorneys and other legal professionals, faculty, law school and placement office staff,
opposing counsel, court personnel, law enforcement officers, victims, defendants, or
witnesses. This includes speaking to and about them respectfully, maintaining a civil and
cordial tone in your communications, and demonstrating the highest regard for your ethical
obligations.

You are required to be familiar with and adhere to the Montana Rules of
Professional Conduct and all court rules for the jurisdiction and court where you are
practicing. Under the Rules of Professional Conduct, absent your client’s consent, you may
not disclose information about matters your office is handling to anyone outside your
placement office or me (as your Faculty Supervisor I am bound by the same confidentiality
obligations to your client as you are). You can discuss cases and issues in general terms (i.e.
without using names or other identifying characteristics of the parties involved) in our class
sessions. It is critical that you do not discuss cases or any sensitive information with
students outside classes or in places or situations where others may overhear you because
some of your classmates may be representing other parties in the matter or otherwise have
some connection to the case. When in doubt, always err on the side of non-disclosure and
check with me or your Supervising Attorney if you have any questions.

It is your responsibility to communicate with your Supervising Attorney regarding

assignments, workload, and your availability, and to proactively seek feedback on your
work. It is also your responsibility to communicate with your Supervising Attorney
promptly if you encounter any conflicts or hardships in fulfilling your clinical
responsibilities. If issues or concerns arise that you are unable to resolve by first
communicating directly with your Supervising Attorney, you should consult with me
immediately.

Effort and Hours

Under the Law School’s Clinical Guidelines, clinic students are expected to work an
average of 4 hours per week for every clinic credit during the semester. This includes time
spent in class and on class assignments such as reading or reflective writing. For example,
if you are enrolled for two clinic credits, you should expect to dedicate an average of 8 hours
per week to clinic. Please note, however, that clinical work, like the practice of law, does not

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 ALEXANDER BLEWETT III SCHOOL OF LAW
UNVERSITY OF MONTANA
FALL 2018, SPRING 2019 – TRANSACTIONAL CLINICS
(RMEF, ASMSU, UMGC, USDA) SYLLABUS

always fit into a neat schedule, and there may be weeks where you need to devote more
time than the average expectation to fulfill your obligations to your client or your
Supervising Attorney. Thus, you should recognize that case and client responsibilities may
create an ebb and flow in your weekly hours. If at any time you believe your clinic
obligations are requiring significantly more or less time than is expected by the Clinical
Guidelines, you should raise the issue with me promptly so we can evaluate your workload
and adjust it if necessary.

Clinic Components
The components of your clinical experience consist of: (1) placement office work; (2)
seminar classes; (3) written assignments and submissions; (4) group and individual
meetings; (5) field trips, observation, or attending law-related events; (6) timekeeping; and
(7) evaluation and assessment. These are described below.

1. Placement office work

It is your Supervising Attorney’s primary responsibility to assign and supervise your

work although from time to time I will also review your work and provide you with
additional feedback as confidentiality considerations and other work obligations permit.

2. Seminar classes

Assessment of your clinic work will include your seminar class attendance,
preparedness, and participation. To encourage full class participation, please refrain from
using electronic devices during class unless you have received an accommodation related to
technology use in the classroom. If we need to use computers during class, I will let you
know. While class is in session, absent an urgent reason for leaving, I ask that you remain
in the classroom. If you anticipate arriving late or leaving early, please let me know
beforehand.

3. Written assignments and submissions

An important part of your clinical experience is reflecting on the work you are doing.
In addition to our meetings, we will communicate on a regular basis through your reflection
submissions. These should be submitted to me via email. They are not sent to or shared
with your Supervising Attorney. Deadlines for submitting reflections are listed on the
Course Schedule.

Reflection submissions are strictly confidential between me and individual students;

information in your reflections will not be shared with anyone (including your Supervising
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 ALEXANDER BLEWETT III SCHOOL OF LAW
UNVERSITY OF MONTANA
FALL 2018, SPRING 2019 – TRANSACTIONAL CLINICS
(RMEF, ASMSU, UMGC, USDA) SYLLABUS

Attorney) without your express permission. You may include any information in your
reflections. It is also a good venue to ask for advice, input, or thoughts about legal or
professional issues. In addition, I ask that you address the following in your reflection:

 What did you work on or observe that you learned the most from in this reflection
period?
 Is there something you did that you would do differently next time?
 What aspects of your legal work are you finding enjoyable, comfortable, or
rewarding? What are you finding challenging, surprising, or confusing?
 What are your takeaways about particular cases or issues, or justice and the law in
general?

4. Meetings

We will meet as a group and individually throughout the semester. During our
meetings, students will discuss work they are doing in their placement offices and seek
feedback and input from the group. If we are meeting with students from a different clinic,
please remember that you do not share a client. Thus, it is important not to disclose
confidential client information during our group discussions.

I am always available to meet with clinic students individually, either in person or

via phone. You do not need an appointment to see me, although it is helpful. I can generally
make myself available to clinic students on short notice. The best way to reach me is by
email.

5. Field trips, observations, and law-related events

On a case-by-case basis, I will permit students to claim clinic hours for attending
lectures, events or court hearings outside their clinic placement offices. If there is a lecture,
event, or hearing you would like to attend for clinic credit, let me know. I will evaluate
whether it will support your clinic work; if appropriate, I will also make the opportunity
available to other clinic students. Requests to claim clinic hours for non-class and non-
placement office activities need to be approved by me beforehand. Because your primary
commitment is to your placement, please limit the clinic time allocated to these activities to
no more than XX hours.

6. Timekeeping

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 ALEXANDER BLEWETT III SCHOOL OF LAW
UNVERSITY OF MONTANA
FALL 2018, SPRING 2019 – TRANSACTIONAL CLINICS
(RMEF, ASMSU, UMGC, USDA) SYLLABUS

Prompt submission of accurate timekeeping records is a critical aspect of

professionalism. Failure to adhere to the following clinic timekeeping guidelines or
requirements will affect your grade.

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 ALEXANDER BLEWETT III SCHOOL OF LAW
UNVERSITY OF MONTANA
FALL 2018, SPRING 2019 – TRANSACTIONAL CLINICS
(RMEF, ASMSU, UMGC, USDA) SYLLABUS

Clinic time must be:

 Submitted every week, on time; the deadline is Sunday 11:59 p.m. (you don’t have to
wait until the deadline; timekeeping records can be submitted early, and my
preference is that you submit time by 5 on Friday, at the same time that your
reflection is due).
 Submitted using the Excel spreadsheet provided on Moodle, which has a new tab (at
the bottom of the sheet) for each week in the semester
 Entered as a fraction of an hour, in six minute increments, as follows:

6 minutes = .1 36 minutes = .6
12 minutes = .2 42 minutes = .7
18 minutes = .3 48 minutes = .8
24 minutes = .4 54 minutes = .9
30 minutes = .5 60 minutes = 1.0

Under Clinic Timekeeping Guidelines, absent exigent circumstances as defined by

your Faculty Supervisor, only one late time submission per student, per semester is
permitted. Hours on subsequent late time submissions will not count towards a student’s
hours for that semester. Your clinic hours must be completed by the last day of finals for
each semester.

Evaluation and Assessment

Clinic students are graded on the following scale: High Competent (HC), Competent
(CM), and Fail (F). Your grade will be based on the expectations stated in the Clinic/Field
Placement Evaluation form and the Grading Criteria posted on Moodle. It is your
responsibility to read these documents carefully and ask about any expectations that are
not clear to you. Unlike a traditional law school class, clinics and field placements involve
the representation of clients and handling legal matters. Thus, you must timely attend to
all client matters, meet all deadlines, and adhere to the Rules of Professional
Responsibility. Failing to meet these minimum competencies will result in a failing grade.

Formal evaluation of your work at your placement office will occur mid-semester and
at the end of each semester, at a time to be arranged. Timeframes for these evaluations are
indicated in the Course Schedule. Clinic Evaluation forms are posted on Moodle. You will
be assessed on your performance, successful completion, and participation in all clinic
components. I will consult closely with your Supervising Attorney in assessing your overall

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 ALEXANDER BLEWETT III SCHOOL OF LAW
UNVERSITY OF MONTANA
FALL 2018, SPRING 2019 – TRANSACTIONAL CLINICS
(RMEF, ASMSU, UMGC, USDA) SYLLABUS

clinic performance. However, it is the Faculty Supervisor’s sole prerogative and

responsibility to assign clinic grades.

Academic Honesty
All students must practice academic honesty. It is your responsibility to read and
adhere to the Law School’s Honor Code, and the University of Montana’s Student Conduct
Code. Students engaging in academic misconduct will be subject to an academic penalty by
me. In addition, students may be subject to a disciplinary sanction by the Law School, the
University, or both.

III. EQUAL ACCESS

The University of Montana assures equal access to instruction through collaboration

between students with disabilities, instructors, and Disability Services for Students (DSS).
If you think you may have a disability adversely affecting your academic performance, and
you have not already registered with DSS, please contact DSS. The Law School will work
with you and DSS to provide an appropriate accommodation.

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