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PROGRAM OVERVIEW
In the Battered Women’s Rights Clinic (BWRC), legal interns represent clients
who are experiencing intimate partner violence and assist them in creating safer
environments for themselves and their children. In an interdisciplinary program
with social work professionals, legal interns learn the skills, law and theory
necessary to work in ways that empower clients and provide excellent
representation. Legal interns work in the courts and other forums on
immigration, custody, visitation, support, orders of protection and other family
law issues. We also work with community groups to advocate legal and social
change to end violence against women.
Highlights of Battered Women's Rights Clinic
- Collaborating with social work interns for interdisciplinary study and
practice
- Working with community organizations to provide culturally sensitive
representation and to assist communities in stopping violence against women
- Litigating in N.Y. Family Court to obtain custody, visitation, support and
orders of protection
- Litigating in N.Y. Supreme Court to obtain divorce and other divorce related
remedies
- Appearing before USCIS and Immigration Courts to obtain adjustment of status
through use of Violence Against Women Act (VAWA) remedies
TYPICAL STUDENT PRACTICE
All legal interns represent multiple clients in family court obtaining orders
of protection, uncontested divorces, custody/visitation and support. Legal
interns gain experience in courtroom advocacy on behalf of clients through
trials and other hearing work. In their representation of clients, legal interns
do significant interviewing and counseling with clients, helping them to resolve
complex life issues.
We place legal interns who have an interest in prosecuting domestic violence
with the Brooklyn District Attorney’s Domestic Violence Unit for one semester.
This experience is integrated into the clinic and enables all students to
explore more fully criminal and civil responses to violence against women.
Research and writing are an integral part of the work in this clinic. Legal
interns draft legal documents and pleadings in family court proceedings and
matrimonial actions, including lengthy affidavits, affirmations, petitions,
complaints, and answers. Interns write memoranda of law on issues arising from
the case representation and simulation material.
In addition to the individual representation, legal interns also participate
in project work that is designed to address issues of domestic violence. Past
projects have included:
- Legislative advocacy on issues affecting battered women
- Community education to shelters, community-based groups and high schools
- Pro se divorce clinic in conjunction with a community organization
- Peer-to-peer education with organizers to prepare survivors to be DV
advocates
COLLABORATIVE, INTERDISCIPLINARY & COMMUNITY PRACTICE
The clinic has an interdisciplinary focus (link to interdisciplinary page)
that allows legal interns to work and study with social work students to learn
how to work with other professionals in providing comprehensive services to
clients. Law students, social work graduate students from Hunter College School
of Social Work and a faculty member with a Master’s Degree in Social Work team
up to explore the similarities and differences in the ways that the professions
identify and solve problems. This exploration enables students in each
profession to learn about their own professional standards, assumptions and
skill set. Students learn when referral to the other profession will enable
better problem solving for clients. The lawyer’s counseling and inter-relational
skills improve as a result of the collaboration with social workers. Frequently,
social work students have provided counseling and supportive services to our
clients and assisted clients to be better able to participate in the
litigation.
The clinic works intensely with community-based women’s organizations to
address issues of violence. We are a legal resource to these organizations,
providing advice and representation to their clients. We consult the
organizations on both social work and legal issues connecting the organizations
to other lawyers in the community. We have done program development and planning
and case support on counseling and social service issues as well as legal
issues. The organizations provide a connection to community-based, cultural and
language competent services for our clients. Students work with these
organizations and a social work intern on issues involving law and organizing.
Students also provide community education with these projects.
CLASSROOM COMPONENT
Legal interns enrolled in the clinic participate in a 3-hour seminar that
meets twice a week to teach the lawyering skills, law and theory needed to
represent clients in the clinic as well as other practices after graduation. To
teach lawyering skills, we use reflection on experience, simulation, role play,
modeling and discussion. We teach substantive law in the areas of family,
domestic relations and immigration law. We study theoretical material about the
causes of battering and engage in systematic analysis of how and whether the
legal system addresses the needs of battered women. While both the substantive
law and skills materials are taught within the context of representing battered
women, students learn law and skills that are applicable to all family law and
other practices. We also introduce cross-cultural analysis of issues into the
seminar and encourage legal interns to think about these issues during
supervision meetings.
CLINIC GRADUATES
The complex interviewing and counseling work, as well as courtroom advocacy
in the clinic, prepares our graduates for practice in many settings. Because of
our learning and practice focus, students are especially well prepared for
family law practices and for practices addressing issues of violence against
women, including working in prosecutors’ offices. Our graduates are also
successfully engaged in other practice areas including criminal defense, policy
advocacy for individuals with HIV, elder law and poverty law advocacy. Graduates
practice in a variety of practice settings including work in solo and small firm
practice, legal services, child welfare organizations, battered women's and
immigrants' rights organizations and government offices. A more in-depth look at
our graduates’ work is available.
SOCIAL JUSTICE MISSION
Our clinic is designed to graduate lawyers with professional values and
skills that encourage client empowerment. We believe in situating our work for
individuals and broader projects in ways that connect us to other organizations
advocating on behalf of battered women. We work with community groups to enable
them to become more knowledgeable and better-resourced community advocates.
Finally, we practice within the legal system in ways that we hope make the
system more responsive to the needs of battered women.
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Faculty in the Program
Maria Arias
Sue
Bryant
Martha Garcia
Donna Lee
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