Clinic Procedures Manual

Table of Contents Grading Intake Case Acceptance Case Files Supervision Closing a File Transferring a File Time Keeping Grading Homework Paper Letters Conflicts Retainers Client Confidentiality Interpreters Document Translation Client Gifts Uncooperative Clients Digital File Names Email Subject Lines Absences Google Voice

CLINIC OVERVIEW

• The Clinic provides free legal assistance to small businesses and nonprofits (dispute resolution assistance is generally not given).  Clients pay a one-time administrative fee of $25.  CLICK HERE for a more complete description.

EXPECTATIONS & GRADING

• The Clinic supervisors have the following "Expectations" for all participating student-lawyers.  Grades will be determined by the degree to which the student meets these expectations


1. Client deliverables:  It is expected that client deliverables will be completed in a reasonably expeditious manner (i.e., at each weekly supervision session it is expected that the student will report on reasonable efforts made to complete the tasks identified in the prior week's supervision session)


2. File Maintenance:  It is expected that that client files on on CLIO will be kept updated with notes on all relevant phone calls and copies of all relevant documents


3. Proof Reading:  It is expected that submitted documents will not have glaring proof-reading or substantive errors and that documents will be properly formatted.


4. "Weekly Case Status" notes: it is expected that in the day or two prior to each weekly supervision session the student-lawyer will have entered a "weekly case status" note on CLIO for each open file (see the section on "Supervision" below).


5. Homework Assignments:  It is expected that homework writing assignments will be submitted by the stated deadline and that if a particular assignment is not initially given a "check plus" grade it is expected that the student, prior to the end of the semester, will resubmit that assignment after doing further editing in an effort to improve the grade to a "check plus".


6. Pre-Approval of Emails & Letters:  It is expected that documents to be delivered to clients & substantive emails will be approved by the supervisor before being sent


7. Entering of Time Records;  All Clinic related time shall be entered into CLIO on weekly basis (current as of the student's weekly supervision session).


8. Presentation:  It is expected that each student's class presentation at semester's end will be thoughtful and reasonably polished

CASE ASSIGNMENT    (back to top)

• When a new client requests assistance a file is opened on CLIO


• After that, the student sends a short heads-up test message to the client saying that he or she would soon be call the client on the phone.  The message should more or less read as follows. 


For a New Client


• My name is ________.  You have requested assistance from FIU's Small Business Legal Clinic.  I have been assigned to help you.  Within the next week I plan to call you to learn more about your specific needs.  My phone number is ________.  Please save it to your phone so you know I'm not spam when I call.  I look forward to speaking with you

For a Transfer Client


• My name is ________.  You have been receiving legal assistance from FIU's Small Business Legal Clinic.  We were not able to complete our work before the last semester ended.  Your file has been transferred to me and I will be continuing to assist you.  Within the next week I plan to call you.  My phone number is ________.  Please save it to your phone so you know I'm not spam when I call.  I look forward to speaking with you


• The New Client Interview


• Read the article on Client Interviewing Skills


• When conducting intakes students should explain the following:


• that they are not attorneys.


• that they are conducting a preliminary interview and that the potential client will be informed later as to whether their case has been accepted.


• that all information and documents provided will be kept strictly confidential, even if the case is rejected


• After the above preliminaries, start the substance of the interview by asking something like "what can we help you with"?


• DON'T GIVE LEGAL ADVICE during the intake interview.


• A student lawyer is considered to be giving "legal advice" when he or she advises someone as to the course of action that that person should pursue with regard to a legal matter.


• The objective of the interview is to merely find out what kind of help the client needs, the nature of the client's business operations and general information about the client's background and experience.


• If the client asks a question and you don't know the answer tell him or her that you will get back later with the answer.

CASE ACCEPTANCE    (back to top)

• Intake Memo on CLIO:  Within 48 hours after an initial client interview the student attorneys must enter a case note on CLIO summarizing the facts and the nature of the assistance sought. This case note should be of sufficient detail so as to give the reader a comprehensive understanding of the assistance being sought and any relevant background. The first two words of such case notes shall be "INTAKE MEMO" (in capital letters).


• Presentation of Intakes to the Class:  Time permitting, the weekly seminar may include "case rounds" in which the students, time permitting, shall make presentations to the class of the their recent intakes.  Regardless of whether or not the case is discussed in class, however, the supervisor will make the final case acceptance (or rejection) decision.


• How Cases are Officially Accepted or Rejected:  For intakes that are accepted the supervisor shall enter a case note on CLIO stating the decision along with a summary of the deliverables.  Such notes typically will begin capitalized words such as "CASE ACCEPTANCE NOTE".


• Case Acceptance Criteria:  There are no strict income limits for clients.  Cases are accepted or rejected on a variety of factors including the merits of the case, the potential "clinical experience" for the student, its complexity, the needs of the client, the timing of the work, and staff resources


• Acceptance/Rejection Email:
  
  
  • Templates for opening emails can be found in the Clinic's forms collection (linked on the Resources page)
  
  
  • Attach a PDF version of the Retainer Agreement to all opening emails

CLIENT CASE FILES (on CLIO)    (back to top)

• PURPOSE OF THE CASE FILE: 
  
  
  • Documentation of all client related communications (letters, email, and phone calls), to store copies of relevant documents and to track time
  
  
• CLIO is the Clinic's case management software.  Client files are maintained on ClinicCases.  Students will receive training starting at the first session.  CLIO will be heavily used by both students and supervisors to document all communications and to track time.


• "Case Notes" are entered on CLIO the following Reasons


• Tracking Time for Client Related Activity:  Enter a "case note" for each segment of time spent on an activity relevant to that particular client.  The case note should consist of a summary of the activity and the time that was expended.


• Phone Log:  A separate case note shall be entered for every client related telephone call.  More substantive phone calls warrant a more detailed case note.


• Weekly Case Status Note:  As noted under "Supervision" below, once a week a "Weekly Case Status" memo shall be entered as a case note on CLIO for each open file.


• Upload copies of relevant documents to CLIO.


• Before uploading PDF copies of emails rename the PDF file so that the date is shown first as in the following example:


"12-12-24 email from client.pdf"


• Upload relevant digital word processing files, spreadsheets, etc.  Normally only the final draft is uploaded (not early drafts).

SUPERVISION    (back to top)

• Weekly Supervision Session:    Once a week each student shall meet with his or her supervisor for a one hour session during which each open file shall be reviewed with a discussion of case strategy and the "deliverables" to be worked on during the coming week. The day and time for the weekly sessions shall be determined during the first class of each semester.


• Weekly Case Status Notes:   Once a week, for each open file, a "Weekly Case Status" note must be entered as a case note in CLIO.


• The first three words in each such note must be "WEEKLY CASE STATUS" (in capital letters).


• Each Weekly Case Status note shall include two components:
  
  
  • a brief summary of the remaining deliverables
  • a brief summary of the current status
  
  
• Example:


WEEKLY CASE STATUS: The remaining deliverables are a trademark application and non-disclosure agreement.  The current status is that I am waiting for the client to respond to the trademark information request email and I'm searching for a good template to use for the nondisclosure agreement.


• Each Weekly Case Status note shall be entered no more than two days prior to the weekly supervision session.


• Other Communication with your Supervisor:   The student may call the supervisor at any time should he or she need additional feedback.


• Supervisor Approvals:   All written deliverables (such as contracts) and all substantive e-mails, must be reviewed and approved by a supervisor before delivery.


• The supervisor must be copied on ALL client related emails (whether or not "substantive")


• Proposed letters and substantive emails shall be submitted for approval to the supervisor by email.  DO NOT MIX SEPARATE CLIENTS in a single submission to the supervisor.  SUBMIT SEPARATE DOCUMENTS to the supervisor in SEPARATE EMAILS.  Always put the client's last name in the subject line of submissions.


• All letters submitted for approval shall have signature lines for both the student and the supervisor.  Letters shall be submitted in the form of a Word file without the letterhead


• After approving a proposed paper letter the supervisor shall put it on the Clinic's letterhead and then sign it and then email back to the student a PDF copy along with instructions for countersigning, printing and mailing.

CLOSING A FILE    (back to top)

• Files are "officially" closed only when the supervisor enters a case note on CLIO stating that the closing is authorized.  The first words of such a case note would typically be something such as "SUPERVISOR NOTE".


• The supervisor will not authorize the closing of a file unless the CLIO file has been properly documented with the following:


• Closing Letter/Email:  a PDF copy of a signed paper letter or an email to the client has been uploaded summarizing the services that were provided and informing the client that the file is being closed


• Documents Uploaded:  PDF copies of all relevant letters, emails and other documents have been uploaded


• Activities Properly Documented:  Case notes must have been entered for all relevant telephone conversations and other activities

TRANSFERRING A FILE    (back to top)

• If work on a file can't be completed by the end of the semester it will be transferred to the next semester


• A transfer letter shall be written to the client informing that the file is being transferred.  The letter should summarize why the file was opened and, specifically, why it is being transferred


• A transfer memo case-note shall be entered on CLIO stating that the file is being transferred and explaining why.  The first words of such a case-note shall be "TRANSFER MEMO" (in capital letters.

TIME KEEPING    (back to top)

• All student time spent on the following must be entered onto CLIO.


• Time Spent Directly on Client Matters


• Work done on client case files including interviewing, case planning, client counseling, research, document drafting, negotiations and file maintenance shall be documented by entering "case notes" into CLIO


• Work Not Directly Related to Specific Clients


• Such time is entered on CLIO under the "Home" tab using the "Quick Add" button.  


• field work (e.g., field intake; community education presentations);
• The formal weekly faculty supervision sessions; and
• Weekly seminar attendance and preparation.


• Required Minimum Hours:  Participating students are expected to spend an average of 14 hours per week for 14 weeks on Clinic work (196 total hours).


• If at the end of the semester a student has failed to enter an average of 14 hours per week over the course of the semester the student's work will be considered "incomplete" and his or her grade may be withheld until the time requirement has been fulfilled as per College of Law policy.


• If a student is having a difficult time completing the hour requirement, this should be addressed with his/her supervisor immediately. Clinic staff will print time reports every Monday at approximately 6 pm and then give them to the supervisors.

GRADING HOMEWORK    (back to top)

Eleven or more writing assignments are made during the semester on a weekly basis (as indicated in the Syllabus).  All of the assignments are simple and common transactional legal documents  Assignments are to be submitted to the supervisor as email attachments by midnight of the due date.

Letter grades are not give for these assignments.  Instead the following grades are given:


• "check" - the assignment was submitted but needed improvement
• "check plus" - the assignment was submitted and needed no improvement

Usually the supervisor will provide comments on the submitted assignments graded as "check".  One of the Clinic's stated "expectations" (the meeting of which affects the student's final grade) is that students will seek to address the supervisor's comments by do further editing so as to improve the quality of the document and then to resubmit it for a possibly better grade.

Resubmission of assignments should always be done by attaching the revised document to a reply to the email message from the supervisor that informed the student-lawyer of the initial grade.

Resubmission of assignments is not required but it will demonstrate to the supervisor that the student-lawyer desires to better meet the "expectations" listed near the top of this webpage (again, the more of the "expectations" that are met the higher will be the student's grade.

PAPER LETTERS    (back to top)

• After both the supervisor and the student have signed a paper letter scan it ALONG WITH ALL OF THE ENCLOSURES into a single PDF file and then upload that PDF file to CLIO.  Put the fully executed letter (along with the enclosures) in the outgoing mail wall-box outside of Zoraya's office (she will have the envelope prepared and will see to it that it is put in the mail).


• If there are many pages perhaps use several paper clips on multiple sides of the letter & enclosures so that they don't become separated as they free-fall to the bottom of the box after you drop them in


• EMAIL PDF COPY OF LETTER TO RECIPIENT - In addition to mailing the paper document, send an email to the recipient (if the email address is known) attaching to that message the above mentioned PDF file.  In the email's cover message simply say something like the following:


"I am sending you a paper letter through the US mail. You should be receiving it in a few days. So that you can see it more quickly a copy of that letter is attached as a PDF file"

CONFLICTS    (back to top)

• If a student attorney is aware of any actual or potential conflict of interest, the student should report this to her or his supervisor immediately.  Conflicts of interest may arise,  for example, because of a student's outside employment or because of partnership or member conflicts.

RETAINERS    (back to top)

• Every new client must sign a Retainer Agreement.  The Clinic uses a PDF Retainer Agreement document where the client "signs" be typing his or her "electronic signature" in the box indicated in the PDF document.  The document is delivered to the client as an attachment to the opening email

CLIENT CONFIDENTIALITY    (back to top)

• The Clinic is a law office and all student attorneys, staff, volunteers, consultants, and interpreters are bound by a duty to keep our clients' information confidential.  Confidentiality includes the name of the client, the fact that they are a client of the office, and all information and documents in a client's file or communicated to the office.  If someone calls the office asking whether a certain person is a client, please consult your supervisor before disclosing this information.  If one client asks about another client's case (for instance a partner), you cannot disclose this information without the other client's permission.


• Please be extremely cautious about client information contained in emails, papers that you have from the file or internal memos you or others have written.  Do not permit others to log into your accounts.


• Please use discretion when discussing work outside the office.  Even talking about the facts of a case without using the client's name, can be a breach of confidentiality.  Also be careful talking about cases with other student attorneys outside the office or in the office when non-clinic student attorneys or others are present.


• Interpreters and volunteers are also bound by client confidentiality.  Volunteers and interpreters are given a confidentiality policy to sign.  Student attorneys who use outside interpreters should review our confidentiality policy with these interpreters before they start.

INTERPRETERS    (back to top)

• Student attorneys may need to use an interpreter to prepare a case.  Unless there is absolutely no other option, student attorneys should not use a family member or other nonprofessional interpreter to interpret for a client.


• It is extremely important that interpreters translate verbatim (i.e., every single word).  If the question is "what is your name" and the answer is "the sky is blue", the interpreter should translate this without making changes n the answer and without asking a clarifying question.  The interviewer is the only person who should be asking questions.  Interpretation is a skill that has to be developed and student attorneys are encouraged to go over the basic principles of interpretation (and confidentiality) with interpreters before starting.  Student attorneys should not be hesitant to find an alternate interpreter if the first one is not working out.  Student attorneys who serve as interpreters for other student attorneys may also need to be reminded of the above principles.  New interpreters must be given a copy of our Confidentiality Policy to sign before proceeding with the interview.

DOCUMENT TRANSLATION    (back to top)

• We have a contract translator who is available to translate letters and other documents from English to Spanish and Creole.  Please see the Clinic Administrator for help with this.  It is necessary to keep both an English and translated copy of each letter and document in the case file.

CLIENT GIFTS    (back to top)

• Appreciative clients sometimes wish to give student attorneys gifts.  Student attorneys may accept these gifts if they are small and appropriate.  If possible, student attorneys should try to discourage gift giving.

UNCOOPERATIVE CLIENTS    (back to top)

• As in any law office, some Clinic clients are not very cooperative in the preparation of their cases.  If you are experiencing difficulty in getting clients to show up for appointments or to bring you requested information or documents, you should speak with your supervisor as soon as you realize there is a problem.  Your supervisor may advise you to write a detailed letter to the client summarizing the problem and informing the client that our office may be forced to withdraw from his or her case if the client does not comply within a specified time.  Generally, the Clinic is understanding of clients' situations and uses withdrawal as a last resort.  There is no hard and fast rule about how much client delinquency should be tolerated. Rather, decisions are made on a case by case basis.

DIGITAL FILE NAMES     (back to top)

• When creating client related digital computer files do the following:


• Make the client's last name the first part of the file name ("jones-closing-ltr-v1.doc")


• keep file names relatively short - include easy to recognize abbreviations such as "ltr" for letter or "agr" for agreement - see the file name example in the bullet point above.


• include a version number as the last part of the file name (see the above example).  Doing this will allow you to store multiple versions of a document in same directory and have them grouped together alphabetically - see the file name example in first bullet point above

SUBJECT LINE IN CLIENT RELATED EMAILS     (back to top)

• Always make the client's last name the first word in the subject line of client related emails (for example: "Jones - draft contract").  This is important because of the "conversation view" feature of Gmail lumps all messages having the exact same subject line into a single "converstion" (for example, a student may send separate emails to three client with each message having a subject line that reads "Trademark Information Request")

ABSENCES     (back to top)

• Students are expected to be familiar with the College of Law's Academic Policies and Regulations. Pursuant to those policies a maximum of 4 class sessions (which are held on both Tuesday and Thursday evenings) can be missed during a semester.  If a student has absences that exceed that amount (unless properly excused or waived) he or she shall receive a reduction in letter grade (as per the above mentioned policies).

GOOGLE VOICE     (back to top)

• If a student-lawyer is reluctant to give clients his or her current phone number it is recommended that he or she obtain a free "Google Voice" phone number that can easily be linked to the student's existing cell phone (or landline).   CLICK HERE to obtain it.  Note: they may be running out of the common South Florida extentions (786, 305, 954, etc).  If so, pick any extension even it is normally for places like Iowa, New Jersey, etc - it doesn't matter.   Once this has been done people can call the student-lawyer using either the student's existing regular number or his or her new Google Voice number.