Welcome Shea Hazel! Our Fall 2020 Intern.
In-House Pro Bono In The Time of Covid-19 Recap and Volunteer Opportunities
Job Searching in 2020
Family Law Assistance Network newest tool for helping D.C. families in crisis.
Clinical experiences remain some of the most impactful of law school.
Virtual Summer Program? A Positive Experience!
Living and Studying Through the Unprecedented Age of COVID-19
2020 Summer Forum Criminal Law & Death Penalty Panel
by Nefertari Elshiekh On July 23rd, we wrapped up this year's Summer Forum, with the sixth panel focusing on Criminal Law & Death Penalty. The panelists included: Brandi Harden, Harden & Pinckney, PLLC Callie Heller, ABA Death Penalty Representation Project Daniel Levin, White & Case Bridgette Stumpf, Network for Victim Recovery of DC Liz Wieser, D.C. Office of the Attorney General’s Public Safety Division D.C. Office of the Attorney General's Public Advocacy Division's Stephon Woods facilitated our conversation. Bridgette began by talking about the wide array of services with which her organization provides victims. In DC, which sits at a unique nexus of federal and local law, survivors face additional barriers with regard to accountability and transparency because of the lack of elected prosecutors that many local jurisdictions have. Brandi then went on to describe how growing up in Texas as the only black child in her elementary school impacted her view of the law. Her firsthand experiences with an unfair justice system and her Texan perspective shaped her decision to become a lawyer as she felt she had a responsibility to ensure poor people had exceptional representation even if they couldn't afford a lawyer. Brandi highlighted one staggering statistic: Harris County, in Texas, has more death sentences than anywhere else in the country, and this resonated with Callie, who practiced in Harris County. Callie pointed out the lack of resources provided to attorneys involved with death penalty cases. She helps connect pro bono counsel, who are crucial in filling those gaps, with where the need is greatest. Callie also alluded to the interplay of racial injustice in the work she does through a policy example in North Carolina, where the Racial Justice Act allowed death row inmates to see a commutation of their sentence to life in prison if race was a factor in imposing the death penalty. However, the Act was later repealed, which caused contention over what happens to the six inmates that had applied for or were granted relief while the law was in effect. In June, the North Carolina Supreme Court held that applying the repeal retroactively violated the constitutional prohibition on ex post facto laws. This is a prime example of the importance that policy work plays alongside individual representation in addressing systemic racism in the criminal justice system. In continuing this discussion of racial injustice, the panelists addressed alternative methods to prosecution and the role the Black Lives Matter movement plays in each of their respective organizations. Liz elaborated on the D.C. Office of the Attorney General's restorative justice program, which addresses accountability for some crimes by focusing on the harm done to victims. This approach aims to empower victims while still holding offenders accountable. Bridgette echoed the impact of such a program by noting that when asked, many victims did not want to necessarily engage in a punitive process, but rather wanted to have a conversation that allowed them to elucidate the harm that was done to them. Brandi expressed her hope that the Black Lives Matter movement is exposing the need to redirect resources to better serve and protect the community. From his own experience in working on cases that address gang violence, Daniel described how the people involved in gang violence often had long criminal histories that started with minor crimes committed when they were juveniles. Without another alternative, they were "thrown into the criminal justice system, and it was a spiral that led to more and more criminal behavior." He stressed that as a society we have not done enough to find alternatives to help individuals and give them opportunities to get out of that spiral, but it can be beneficial to everyone to shift resources to these areas. He ended with encouraging the audience to "have discussions, invite people in, and listen to them." Catch up on the conversation and discover pro bono opportunities on social media using #SumFo2020. Nefertari Elshiekh is the 2020 Washington Council of Lawyers Summer Intern.
2020 Summer Forum Civil Rights & Civil Liberties Panel
2020 Summer Forum Human Rights & Immigration Panel
Virtual Internship Tips
2020 Summer Forum Poverty Law Pro Bono Panel
2020 Summer Forum Transactional & Non-Litigation Practice Panel
2020 Summer Forum Keynote with Chief Judge Anna Blackburne-Rigsby
2020 Summer Forum Preview: Criminal Justice Representation Imperative
2020 Summer Forum Preview: Protecting Civil Rights is Vital Work
Welcome our 2020 Summer Intern Nefertari Elshiekh
2020 Summer Forum Preview: Opportunities for Individual Representation and Systemic Advocacy Abound in Human Rights & Immigration Law
2020 Summer Forum Preview: Varied and Wide-Ranging Pro Bono Opportunities in Poverty Law
2020 Summer Forum Preview: Pro Bono Opportunities Outside the Courtroom
Starting In-House: Mentorship to Support Black Lawyers During Unprecedented Circumstances
ABA Lawyer Well-Being Week Round-Up
What to Watch During Quarantine – Washington Council of Lawyers Edition
Sewer Service: Improper and Ineffective Service of Process on Tenants
COVID- 19 Response Resources
Rapid Rehousing Program: Implementation Doesn’t Meet Expectations
Becoming a Judge
Managing Student Loan Debt
Litigation Skills Series: Mediation Training 2020
Washington Council of Lawyers hosted a Litigation Skills Series training on Mediation on Friday, February 7, 2020. The training gave participants a strong foundation of negotiation theory followed by the opportunity to put what they learned into practice. Melissa Reinberg, mediator and adjunct professor at Georgetown University Law Center and Executive Director of Negotiation Works, led the group through a discussion on effective client preparation, how to use leverage in negotiations, and how to manage the mediation process to a successful outcome for clients. Then the sixteen participants participated in two mediation sessions, one as an attorney and one as a client. Through a landlord-tenant fact pattern rife with (intentional) inconsistencies and vital facts known only to the landlord and the tenant, participants were tasked with coming up with a mediation strategy and then putting that strategy into use with an experienced mediator. After the mediations, the Honorable John M. Mott, Senior Judge at The Superior Court of the District of Columbia and current neutral with JAMS Mediation, Arbitration and ADR Services addressed the participants. He spoke about the importance of mediation as a tool for advancing justice and advocating for our clients. The program concluded with a debrief led by Melissa Reinberg, in which participants put together best practices for preparing clients and guidance on the best roles lawyers can play during the mediation. The observations and universal takeaways included those listed here. Best Practices for Attorneys in Preparing Clients: Discuss mediation process Empower client Make sure client understands process is voluntary Discuss what is likely to happen at mediation Find out what client wants and why (i.e., client’s interests) Explore what the client thinks the other party wants and why (ie, the other party’s interests) Help client identify best/worst outcomes Help client identify walk-away alternative/likely outcome if there’s no agreement (ie, BATNA) Consider monetary and time costs to client if case is not settled in mediation Discuss whether client’s goals are realistic in light of the facts and the law Figure out what evidence to bring/present in the mediation Clarify what client is comfortable sharing; distinguish between sharing with all parties vs just the mediator Discuss overall mediation strategy Clarify roles of lawyer and client during mediation (ie, who will speak when) Set up how client will communicate with lawyer during the mediation Decide who will respond to offers (client or lawyer) before going into the mediation Best Roles for Attorneys in the Mediation Process: Guide client but don’t take over Simplify and clarify the process/facts/evidence for client; translate legalese Manage details (eg, do the math calculations) Help client stay focused on current issues being discussed Help prevent client from being sidetracked by collateral disputes Help the client control his or her emotions Manage relations between parties Expand and clarify your client’s perspective Flesh out and reinforce the client’s “good story” Keep an eye on the legal issues, and put client’s facts in legal context (if it’s helpful) Be prepared to jump in and address harder issues so client doesn’t have to Help the client take a step back to evaluate offers and options before accepting or rejecting them Know when to take a break in order to speak to your client about assessing or reassessing options Spin out the contingencies and consequences of the proposals being discussed Engage in reality testing; make sure options under consideration are workable for all Guide your client’s negotiation strategy Mediator comments: Counsel clients by reality testing and let them know what could happen if mediation fails In joint sessions, remember the other side may be hostile or view your client as the enemy Go in with a problem-solving mindset Use mediator as the neutral party he/she is We are grateful to our four mediators Steve Altman, Nancy Cohen, Tiara Jackson, and Carolyn Lerner for their expertise and guidance during the simulations. Their critiques in real time were vital to the rich learning experience and future success of our participants.