Indian Law Clinic

Indian Law Clinic

Practical: Introducing the Practice of Law

The Indian Law Clinic introduces students to the practice of law as it relates to Native Americans. Through classroom discussion and by representing Clinic clients, you will begin to learn the skills necessary to become a litigator, a trial/appellate advocate, or a transactional counselor at law.

Specifically, you will acquire:

• Working knowledge of:
  • Case development and management
  • Legal strategy and tactics
  • Substantive laws applicable in Indian Country (Indian and United States laws)
  • Procedural rules (Kalispel tribal court and Washington state court procedural rules)
• Basic fact-development skills including, but not limited to:
  • Effective communication with indigenous people
  • Conducting initial and follow-up client (and witness) interviews
  • Counseling clients
• Working knowledge of the range of legal issues presented in representing clients, particularly enrolled members of federally recognized Indian tribes who reside in Indian Country

There are two main foci of clinical work:

• Litigation Skills

  
  Students may participate in litigation in tribal court regardless of whether they are second or third year law students. As Rule 9 Legal Interns, students may represent clinic clients in state courts as well.
  
  The litigation component exposes the student to the following elements of legal practice:
  • Initial fact development and interview techniques
  • Analysis of law and fact in connection with a representation decision
  • Litigation strategy and tactics
  • Subsequent case plan for possible litigation including (pleadings, discovery, motion practice (non-dispositive an dispositive), trial, and post-trial motions, and case management techniques)
• Transactional Skills

  
  Students may also work on research and drafting projects. This work will focus on:
  
  • Drafting transactional documents, agreements, and statutes
  • Research and brief legal issues
  • Counseling clients in commercial and non-commercial transactions including, but not limited to:
    • Banking
    • Landlord/tenant
    • Consumer protection
    • Creditor/debtor
    • Wills and estates
    • Other areas of civil law

  The Indian Law Clinic is currently being run by Professor Terry Sawyer.

  
  

  Credits	3 credits per semester (4 students per semester); possible increase to 6 credits per Professor Sawyer's authorization. (Additional student enrollment condition upon projected clinic caseload)
  Time commitment	3-credit students: 12 hours/week (average); 1 hour classroom instruction included 6-credit students: 24 hours/week (average); 1 hour classroom instruction included Summer: 3-credit students: 18 hours/week average; 6-credit students: 36 hours/week average
  Recommended Courses	Evidence Professional Responsibility Federal Indian Law
  Grading Criteria	Grades are based on demonstrated skills and abilities reflected in multiple written and oral assignment

  
  
  

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