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SKILL SHARPENER
Compassionate Practice at Core of Santa Clara Law Workers’ Rights Clinic [by Erica Winter] At Santa Clara University School of Law, having the workers’ rights clinic running year-round provides “continuity in the community,” says supervising attorney Margarita Alvarez. In fact, workers’ rights clinics are up and running all around the San Francisco Bay area this summer through the Legal Aid Society - Employment Law Center, San Francisco, and its Bay Area Workers’ Rights Clinics program.
work in the workers’ rights clinic this sum-
Law students at Hasting Law School, Boalt
law firms, the tasks for a law student in his
Hall, and Santa Clara University are pro-
first summer may not be very interesting,
mer, seeing it as a “great opportunity to get
viding services to low-income people with
says Walker, whereas in a clinic, a student
involved,” she says. She, like some students
legal problems in the workplace. Santa
has a chance to be centrally involved in real
doing this clinic, is working with an outside
Clara Law’s clinical program gives students
cases.
attorney on one case.
allowing them to do the hands-on legal work.
The case that Walker and his colleague will
While Alvarez heads up the workers’ rights
There are about 21 Santa Clara Law students
take to court involves a man who was denied
arm of the clinical program at Santa Clara,
participating this summer.
workers’ compensation benefits because the
there are many attorneys who volunteer to
insurance company will not pay his claim.
work with law students through the Bay Area
At Santa Clara Law, the goals of the clinical
The company says the activity he was doing
Workers’ Rights Clinics program.
program go beyond teaching practical law-
(during which he was injured) was not work-
yering skills - although that goal does figure
related. The man first came to the Santa
Jones’s case is a common situation seen at
prominently in the clinical program. With
Clara Law clinic in 2002, was taken on as a
the clinic - or, rather, many common situa-
a Jesuit history, says Alvarez, there is also
client, and has moved through the system
tions all rolled in to one person’s experience.
a sense of professionalism, social justice,
with students helping him and then moving
The issue is a wage-an-hour violation, with
and compassion that advisors try to instill
on over the years.
the client being underpaid on several fronts.
academic credit for taking one of two courses
in law students, who are taught to “treat
The client originally came in after five pay
people non-judgmentally, carefully, and with
At the beginning of June, the case came to
periods with no payment; the employer was
respect,” says Alvarez.
Walker and another clinic student. Alvarez is
claming that, since the man is old, he forgot
their supervising attorney. The stack of files
that they had paid him.
On the legal skills side, Alvarez focuses on
for the case was one-and-a-half-feet-high,
letting the students handle the cases, provid-
says Walker. With the research mostly done,
“Then we did the math from his pay stubs,”
ing supervision and answering questions. “I
and several negotiation attempts made, no
says Jones, and realized that the client was
see this place as a law office,” Alvarez says of
settlement could be reached, and so the case
only being paid $4.00 per hour. Also, they
the clinic.
will get underway this month. For their side,
learned that he was not receiving paid meal
Walker and his colleague must show that the
or rest breaks, was working seven days a
Brandon Walker, who has just finished his
client believed the activity in question to be
week, and then was fired and not paid a last
first year at Santa Clara Law, went looking for
part of his job, and also that this belief was
paycheck. Many clients are like this, says
some “real work experience this summer,”
reasonable.
Jones, with one legal problem they bring to the clinic revealing many others during the
and ended up with a case set to go to trial this month. He had not expected to be argu-
The case will go before an Administrative
ing before a judge on behalf of a client - but
Law Judge in the Workers’ Compensation
he was “pleasantly surprised to have this
Division, and it will be Walker’s first appear-
opportunity,” he says.
ance before a judge. He is, understandably,
ing because of her experiences so far at
a little nervous. His only point of comparison
the clinic, she says. Having her own clients
Walker is taking the Clinical Skills course this
so far is preparing for law school final exams,
“really makes it come alive,” she says; “you
summer, and through that he is participating
but case preparation is a more “prolonged,
really feel you’re able to help people.”
in the workers’ rights clinic at Santa Clara
intense feeling,” he says.
Law. Walker sees the summer after first year
Nicole Jones will be going into her third year
as being “all about getting experience.” At
of law school at Santa Clara, and wanted to
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intake interview. Jones’s interest in employment law is grow-