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Colorado Health Equity Project 2013-2014 Supervising Attorney

Handbook

Colorado Health Equity ProjectSupervising Attorney Handbook

2013-2014

Nancy Elkind, Esq.

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Health Equity ProjectSupervising Attorney Handbook

Table of Contents1. Welcome

2. About the Colorado Health Equity Project............................................................................5

3. CHEP Vision and Mission........................................................................................................... 5

4. Medical Partners and Community Based Sites..................................................................7

5. The Role of the CHEP Supervising Attorney........................................................................................9

6. Miscellaneous Practicum Requirements and Expectations.........................................14 a. Public Policy................................................................................................................................................. 14

b. Work Product, Formatting & Storage...............................................................................................14c. Correspondence..........................................................................................................................................14d. Student Transfers of a Case...................................................................................................................15e. Closing a Case...............................................................................................................................................15

7. Appendix Contents.................................................................................................................... 16

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1. WelcomeIt is our pleasure to welcome you to the Colorado Health Equity Project. As

Supervising Attorneys, you will serve as educators, role models, and essential contributors to solving the health and health care obstacles faced by the poor in Colorado. Together, we will teach Colorado Law Students to provide excellent legal services, work collaboratively with medical and public health professionals, and make a tangible difference in the lives of low income and vulnerable people in Colorado. In the process, we hope to bring lasting change to both the health care and legal services delivery model for poor Coloradans.

The Colorado Health Equity Project (CHEP) brings together faculty and students from the University of Colorado Law and Medical Schools, as well as the Colorado School of Public Health, to collaborate with Colorado’s finest attorneys.

During the 2013-2014 academic year, the ten Supervising Attorneys who participate in the Poverty, Health & Law Practicum will stand at the core of our educational and service mission. Without your generosity and expertise, we could not hope to fulfill our pedagogical mission to prepare the best health lawyers in the state of Colorado and beyond. The market for legal services is changing dramatically. Nowhere are these changes more dramatic or challenging than in the market for health law attorneys. We thank you for being willing to help us prepare our students to meet these challenges with excellence!

Dayna Bowen MatthewPia DeanCo-Directors, The Colorado Equity Project

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2. About the Colorado Health Equity Project

The Colorado Health Equity Project (CHEP) is a collaboration of student, faculty, public interest, and pro bono attorneys, public health advocates, and physicians dedicated to improving health outcomes for vulnerable Coloradans by integrating the delivery of legal and medical services in hospital and community health care settings. CHEP will help to reduce health disparities by addressing the legal barriers to good health that poor populations face. In short, CHEP will help to reduce health disparities in Colorado by increasing health justice.

In Colorado, as elsewhere, the social determinants of health are the conditions in the places where people live, work, learn, play, and age that directly affect their health. These include the availability of preventative health care, safe housing, healthy food, safe educational and work environments, job opportunities, public safety, freedom from discrimination, and access to social support. To the extent that these social determinants are inequitably distributed, Colorado’s vulnerable populations suffer the fundamental injustice of disparately poor health outcomes.1 State and federal laws including the Patient Protection and Affordable Care Act (ACA) contain provisions that directly address these social inequities associated with poor health. However, poor patients often do not have legal representation to avail themselves of the protections and benefits for their health that the law affords. The project is based on the core belief that improving legal services will improve the health and wellbeing of Colorado’s poor.

For more information on the work of the Health Equity Project in the community, visit: http://[email protected].

3. CHEP Vision and Mission

COLORADO HEALTH EQUITY PROJECT VISION

To remove legal barriers to equal health access and health outcomes for Colorado’s vulnerable populations.

CHEP FOUR-FOLD MISSION STATEMENT

THE FOUR-FOLD MISSION OF THE COLORADO HEALTH EQUITY PROJECT:

1. Education – To train health care, legal, and public health professionals in an interdisciplinary, integrated clinical system of learning to address the social determinants of poor health and disparities

2. Service – To join law school, legal aid, and private sector pro bono attorneys in collaboration with health care providers serving Colorado’s vulnerable populations

1 See, N. Daniels, (2001). Justice, health, and healthcare. American Journal of Bioethics, 1(2), 2-16.

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by addressing unmet legal needs and removing legal barriers that impede good health

3. Research – To provide social science research and data that supports innovation in developing population-based, health care delivery systems focused on prevention and wellness among Colorado’s underserved populations

4. Policy – To provide qualitative and quantitative information to promote the development of public policy that advances health equality

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4.Medical Partners and Community-Based SitesDuring AY 2013-2014, CHEP will provide direct legal services through medical legal

partnerships for selected patients at three clinic locations (see Appendix C for maps).

Salud Family Health Center – Commerce City Clinic 6255 North Quebec Parkway Commerce City, Colorado 80022Medical Director: Tillman Farley, M.D. ([email protected])

Salud operates nine community health care clinics and a mobile unit. Salud provides primary care to low-income patients throughout Colorado, including migrant and seasonal farmworkers. University medical students collected survey information from over six hundred patients at the Salud clinic in Commerce City. The results revealed the extent of unmet legal needs among these patients. Over 400 patients (66.9%) reported they had at least one legal problem during the past year, and 42% of those patients reported their legal problems caused or exacerbated their poor health. The three most frequently cited legal issues these patients faced were the inability to access public health and disability benefits ( %), immigration status issues ( %), and landlord-tenant disputes ( %).

Children’s Hospital ColoradoAnschutz Medical Campus, Aurora, ColoradoMedical Directors: David Fox, M.D. ( [email protected]) and Shale Wong, M.D. ([email protected])

Founded in 1908, the Children’s Hospital, Colorado is consistently ranked among the nation’s top 10 children’s hospitals. The mission of Children’s Hospital Colorado is “to improve the health of children through the provision of high-quality coordinated programs of patient care, education, research, and advocacy.” In July 2009, the University of Colorado Children’s Hospital, the University of Colorado Health Sciences Center, and Colorado Legal Services formed Colorado’s Medical Legal Partnership2 (MLP). Since its inception, the Colorado MLP has screened over 8,000 patients and served over 1,600 patients in two of the Hospital’s 40+ clinics.

Colorado Refugee Wellness Center1666 Elmira Street, Aurora, ColoradoMedical Director: Jamal Moloo, M.D. ([email protected])

2 Over 275 MLP’s exist throughout the nation many of which partner law schools and medical schools to serve the public and to educate professionals in a true, interdisciplinary setting. See, The National Center for Medical Legal Partnerships website, here: http://www.medical-legalpartnership.org/. The existing Colorado MLP is a member of the National Center for Medical Legal Partnerships. See, http://www.medicallegalpartnership.org/sites/default/files/page/Colorado%20Medical-Legal%20Partnership%20%28Denver%29_1.pdf.

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Approximately 3 million of the world’s refugees are settled in the United States annually; The Colorado Refugee Wellness Center (CRWC) serves approximately 2,000 each year. Colorado began its program in 1980 and has resettled over 39,000 individuals since that time, from over 25 different countries including Eritrea, Somalia, Iraq, Bhutan, and Burma. Most of these individuals are settled in the Denver Metropolitan region.

The CRWC will provide services to these refugees including immediate health evaluation upon entry to the United States for conditions such as tuberculosis, syphilis, and risk of suicide; early follow-up within 30 – 90 days for significant mental and physical illness; long term physical and behavioral health services as a primary care, medical home; support in identifying medical experts for evaluation in support of asylum applications, and social services support for counseling and benefits.

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5. The Role of The CHEP Supervising Attorney

Your role as Supervising Attorney in CHEP is essential not only to the success of the Poverty, Health, & Law Practicum, but also to the Law School’s overall pedagogical mission. As we seek to equip students to meet the challenges of a rapidly changing legal and health care market, we rely on your willingness to become collaborators with the Law School faculty in every way. You will find a background and overview of the Colorado Law School and its educational mission in Appendix A.

As Supervising Attorneys, you are at the core of the CHEP educational and service missions. During the year, we ask you to fulfill three roles: 1) Accept the responsibility of serving as attorney of record on one case matter referred to you by CHEP; 2) Supervise and mentor two law students assigned to work with you on the case; and 3) Work collaboratively as an integral member of the health care delivery team that serves the patient referred to you as a client.

The Supervising Attorney is at the core of the educational and service mission of the Colorado Health Equity Project.

The legal system can force open doors and sometimes even knock down walls. But it cannot build bridges. That job belongs to you and me.

Supreme Court Justice Thurgood Marshall Speech at the National Constitution Center, 1992

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a. Attorney of Record on One Case

You will assume primary responsibility as the pro bono attorney of record for the case you accept through the Colorado Health Equity Project. You will have the support of two Colorado Law students acting as your externs, through the Poverty, Health and Law Practicum, on this case. While you will serve as counsel of record on the case, the law students will be permitted to practice under C.R.C.P. 226.5, Colorado’s Student Practice Rules. (See Appendix A.) Under this Rule, the Practicum is a "legal aid dispensary." For every case, each client must sign a Student Retainer (see Appendix B), which includes the client’s consent to being represented by the law student under a supervising attorney. In any case in which the student will appear in court or an administrative hearing, the Supervising Attorney will submit a notice of appearance on behalf of the student, or otherwise obtain the consent of the tribunal.

In addition, Colorado Law faculty will oversee support for you from your client’s physician, a student physician, a behavioral health specialist, and a public health student through the Practicum. You are not permitted to compensate law students, nor can you charge any client or collect any fee for the student’s time.

Your representation will be limited to the matter described in the Referral Memo provided to you by CHEP faculty, and should be reflected in the retainer you sign with the client in accordance with CRCP 11(b) and Col. RPC 1.2(c). You will also sign a Retainer Agreement with the Client and your Student Attorneys. (See Appendix C.)

b. Supervisor For Two Student Attorneys

As Supervising Attorney, you agree to supervise the law students’ work product, provide substantive feedback, and meet with the students on a regular basis. We invite Supervising Attorneys to take a hands-on approach, providing learner-centered instruction and individual feedback. Students are expected to think critically about their case decisions and to dissect their process with supervisors in order to create habits of practice for the future. This level of interaction is rarely available to students or attorneys engaged in pressing litigation, where the focus must necessarily be on getting the job done within tightly prescribed deadlines and large case loads.

1. Schedule

Client Meeting - We ask that you meet with your students and client at least once during the semester, and that this meeting occur at the medical clinic where your client is a patient. Maps to each clinic location are provided in Appendix D. Please schedule your client meetings well in advance by emailing the Medical Director listed for each clinic.

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Case Meeting - We ask that you meet with your students on a bi-weekly basis to discuss the status of your case and its progress, and give students feedback. At a minimum, your students should be prepared to discuss the case history, relevant law and legal analysis, case deadlines and their action plan. Case meetings last approximately one hour. After the case meeting, students should record any decisions made during the meeting in a new SOAP Note to be submitted to CHEP Faculty. Please note: case meetings should be supplemented by individual meetings with your student and client as needed. CHEP Faculty will contact you to schedule one case meeting per semester for you to attend as an observer.

Self-Evaluation and Reflection - A key component of participation in this course is student self-reflection and self-evaluation of their performance, on a regular basis. Self-evaluation and reflection is critical to becoming a life-long learner and critical thinker. Frequently, taking the time to analyze and critique performance will allow students to constantly improve their approach, skill set, and technique. Students will be given formal opportunities to reflect and evaluate themselves at the beginning, mid-point, and end of the semester. They will use the Critical Assessment Evaluation form provided in Appendix J. We ask that you review these self-evaluations during a case meeting with your students, in order to assess their strengths and challenges and to agree on a plan for improving and maintaining particular skills. PROOFED TO HEREPracticum Class/Case Rounds – You are welcome to attend any class session of the Poverty, Health, & Law Practicum but this is absolutely not expected. Class sessions will be led by CHEP Faculty and are dedicated to substantive legal instruction and case rounds. The Practicum Faculty will meet weekly with Student Attorneys to instruct in substantive law and theory as well as discuss student casework in class sessions devoted to “Case Rounds.” We ask that you meet for case planning purposes with the law students, medical professional, and public health student once monthly at the clinic site.

2. Educational Content -

• Please give your students every reasonable opportunity to do the research, writing, and client communication on each case, as is appropriate to reach an excellent result for the client. Special emphasis should be placed on the quality of students’ writing; the opportunity to receive feedback from you about the content, organization, and clarity of written communication is invaluable. For this reason, we will stress that students are not to send any written communication to clients that you have not reviewed. All e-mail correspondence must be copied to you. We also ask that you partner with Practicum Faculty to help students meet the CHEP Learning Objective (Appendix E) and develop the Lawyering and Professionalism Skills described in Appendix F.

• Examples of Substantive Legal Work For Students - Working under your supervision, your law student attorneys should perform the legal “legwork” on your case including

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Client interviews and intake Investigation and interviewing for clients and witnesses

Writing correspondence to and on behalf of clients Drafting legal memoranda and briefs Drafting and responding to discovery, pleadings, and correspondence Presenting oral arguments Preparing and questioning witnesses

3. Professional Responsibility & Confidentiality Rules –

Students are expected to abide by the Colorado Rules of Professional Conduct. Please stress the importance of an attorney’s commitment to our clients and our professional responsibility obligations to provide competent, professional service. Students will be responsible to review the Colorado Rules of Professional Conduct, but will need your help in anticipating potential areas of conflict. This is especially important in an interdisciplinary practice in which students will be engaging with professionals who are not lawyers. Confidentiality and Privacy rules are of particular importance in this Practicum.

Protecting Attorney-Client Confidentiality Rules – Filing, Confidentiality Agreement, etc.All information, dealings and communications that students encounter via the Practicum, must be treated under strict attorney-client confidentiality. This is of utmost importance. Students will be expected to maintain only one file on each case and that file will be held in your law firm, in accordance with your record-keeping standards and procedures. Students will use a secured, encrypted cloud-based server for any written communication, however, they will be required to destroy all copies related to their cases at the conclusion of the school year. Students may not discuss Health Equity Project cases and matters with other students outside of Practicum colleagues. In addition, they may not email or blog about Health Equity Project cases and matters over the Internet. All members of the Health Equity Project are required to sign and adhere to the Health Equity Project Confidentiality Agreement in order to participate in the course. (See, Health Equity Project Confidentiality Agreement, Appendix I.

Confidentiality of Protected Health InformationBecause Health Equity Project clients are referred to us as the result of their contact with the health care system and many cases involve health related matters, the Practicum may receive medical records and/or other documents and information protected under the Health Information Privacy and Portability Act (HIPAA). If you do not have your client’s express permission, you must not record any of this information in the file. As part of normal office procedure, it is Health Equity Project

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policy to shred all documents generated during the course of representation that do not need to be retained for the file as part of client representation.

4. Mentoring –

You have been selected to serve as a Supervising Attorney because of your reputation for excellence both in your profession and in your character. These are the “intangibles” that we are hopeful to model and transmit to our students through this Practicum based on our students’ time spent with you this year. Students will benefit immeasurably from the example of your professionalism, and from watching you place high importance on practicing with integrity.

In the practice of law there are frequently no “right” answers and students should not expect the supervising attorney to spoon-feed them. Rather they should work in collaboration with experienced professionals to develop and professionally. The relationship with you as a Supervising Attorney offers a chance to engage in more reflection than can usually happen due to the pressing nature of the practice. When appropriate, please take the time to:

Explicitly discuss ethical choices you make in the course of your representation Discuss student questions about ethical questions they face during the case Share your personal “ethos” and values as a lawyer Introduce students to colleagues you admire and who may be helpful to

students’ job and career decisions Discuss your career path and steps to achieve work/life balance

5. Grading and Feedback –

The benefit of working with a Supervising Attorney increases exponentially when you give feedback to students about their work. Please take the time to:

Review and comment on student writing Discuss case strategy and planning with students Offer feedback during the course of the semester at appropriate junctures Submit a written evaluation of student performance at the end of the semester,

recommending a grade of pass or fail for the Practicum course

Appendix J contains general information from the Colorado Law School Rules to guide your interaction with students. CHEP Faculty are available at any time to answer questions or meet to discuss any issues of concern.

c. Collaborate As an Integral Member of Health Care Delivery Team

The Health Equity Project is an interdisciplinary learning and practice experience. By collaborating with health, social work, public health, and other professionals, we are

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teaching students how to achieve outcomes that will improve the health and social conditions of the clients we serve. We collaborate with health and social work students and professionals both formally and informally, and provide several opportunities for interdisciplinary education. Please refer to the article in Appendix G,

6. Miscellaneous Practicum Requirements and Expectations

a. Public PolicyThe Health Equity Project will select two areas of public policy that require reform to focus on this semester. You may be asked to contribute to the development and implementation of an advocacy plan or to support the public health students’ work on their advocacy papers if the issue pertains directly to the case you are handling. This is not intended to be a significant burden. Public health students may ask to speak to you about their research, draft legislative text, list of proposed witnesses to testify in support of the reform, or ask your advice and experience with the issue. We do not expect you will speak more than once or twice with students on these issues.

However, we are encouraging students to uncover other systemic problems that affect poor clients. As they identify areas of public policy outside of the semester’s focus that require reform, encourage students to document the problem and work with their CHEP faculty and student colleagues to consider a proposed advocacy plan. In subsequent semesters, we expect to collect data that will support public policy changes and we will draw from all advocacy plans developed by students to create solutions. We may also be involved in local public policy campaigns that affect our clients as they arise and your input on these issues is most welcome.

b. Work Product, Formatting & StorageAll versions of all work products must be 1) emailed to the supervising attorney and 2) saved in a folder in the client’s LegalServer file. Final work product must be 1) saved in the client’s LegalServer file. Students are required to follow the conventions and storage policies of your law firm.

)All documents pertaining to a client should be uploaded into LegalServer and immediately deleted from the computer on which you initially saved them to protect confidentiality. Never leave client documents on a Clinic computer or your personal computer.

c. Correspondence Prior to sending any written correspondence to parties outside of the Health Equity Project, students must obtain approval from you as their supervising attorney. This includes email, letters, briefs, etc. To obtain a supervising attorney’s approval, students must email a copy of the draft letter or email as an attachment. If the matter is urgent, students are asked to please make it clear in the title and body of the email.

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All emails related to Health Equity Project matters must include the following statement of confidentiality:

CONFIDENTIALITY AND PRIVACY NOTICEThe information contained in this communication, including attachments, is confidential and private and may be legally protected by the attorney/client or other privileges. It is intended solely for the use of the individual or entity to which it is addressed. If you are not the intended recipient of this communication, you are hereby notified that any unauthorized use, disclosure, reproduction, or distribution of this correspondence or taking of any action in reliance on the contents of this correspondence is strictly prohibited and may be unlawful. Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege.  If you believe that you have received this communication in error, please notify the sender immediately by calling 312.915.7872 or emailing [email protected] and promptly delete this correspondence, including any attachments, without reading or saving them in any manner.

d. Student Transfers of a CaseAt the end of the semester students are expected, if a case has not concluded, to prepare the case for transfer to another student. To transfer a case the student must:

1) Prepare a transfer memo that summarizes the case, issues, parties, procedural posture, outstanding tasks, and upcoming important dates.

2) Write letters to clients, attorneys, the referring doctor and other individuals letting them know the student will not be working on the case and whom they should contact in your absence.

3) Confirm transfer with you as the supervising attorney.

e. Closing a CaseIf there are no outstanding issues (as agreed to in the retainer) in your case or you can no longer represent the client, you may close the case. To close the case on behalf of the Health Equity Project, we ask that you:

1) Meet with the client to discuss the representation and closing of the case.2) Send a letter informing the client that the case will be closed and inviting questions.3) Prepare a closing memo, stating when and why the case closed and noting whether closing

letters were sent. (If the client was referred to another organization, this step is not necessary.)

4) If you have not already, make copies of any original documents and return the original to client.

5) Organize the file, including purging it of any duplicates and unnecessary medical documents (please shred any discarded documents with identifiable client information).

6) Complete a case closing letter, fax it to Professor Dayna Bowen Matthew 7) Close the case on LegalServer.

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7. Appendix Contents

A. Overview and Background – Colorado Law School

B. Colorado Student Practice Rules

C. Student Attorney Retainer

D. Directions to Salud, CRWC, and Children’s

E. Colorado Health Equity Project Learning Objectives

F. Lawyering Skills Chart and Professionalism Skills Chart

G. Adaptive Supervision

H. Article: Educating The Next Generation of Health Lawyers

I. Critical Experience Assessment

J. Health Equity Project Confidentiality Agreement

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Appendix A

History and Overview of Colorado Law

The University of Colorado Law School occupies a unique position among American law schools. The influence of our relatively small faculty extends well beyond its numbers. The academic qualifications of our students are among the highest of any public law school. And our setting amidst the Rockies allows the mind and spirit to soar. Our greatest strength is our ability to spark independent thinking while simultaneously fostering a sense of public mindedness and community. Our size, student-faculty ratio, and ability to recruit high quality and increasingly diverse students are integral to preserving this strength.

Colorado Law was established in 1892 and is a charter member of the Association of American Law Schools (AALS), organized in 1900. Colorado Law has been on the ABA list of approved law schools since the American Bar Association’s (ABA) first publication in 1923. During the past 117 years, Colorado Law has occupied several buildings on the Boulder campus including the Fleming Law Building from 1959 to 2006. However, in August 2006, Colorado Law moved to the new Wolf Law Building, providing classroom, office, and library space in a LEED-certified Gold facility, located at the southwest entrance to the CU-Boulder campus.

Faculty and students alike choose our law school because its size and setting allow for a collaborative yet personalized approach to legal education. Our faculty is an eclectic and self-directed group of nationally recognized scholars dedicated to providing the highest quality education to students in small classroom settings and to influencing legal and public policy debates through original, path-breaking research. Our students come for the blend of intellectual, practical, and public spirited approached to legal education that we offer, and for the ready access to faculty that is lacking in many other top schools. Our students are equally drawn by the prospect of preparing themselves for legal careers that are not only successful, but meaningful and satisfying. Our staff is loyal, tireless, and dedicated to advancing our educational mission. In May 2005, our faculty adopted the following statements of our vision and mission:

Our VisionA supportive and diverse community of scholars and students in a place that inspires vigorous pursuit of ideas, critical analysis, and civic engagement in order to advance the rule of law in an open, sustainable society.

Our MissionTeaching:We believe that legal education should employ robust theoretical inquiry, doctrinal and policy analysis, and professional skills. As part of a premier research university we seek to integrate opportunities for interdisciplinary study. Because the law is dynamic, we must equip our students to deal with change and to exercise sound judgment and creativity in offering solutions for problems of individuals, institutions, and nations. Our faculty members are passionate about teaching and are committed to providing students with a well-rounded learning experience that prepares them to serve wisely and with professionalism. We have an open-door policy with

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posted, walk-in hours and a program for hosting students for lunch or in our homes. And our location provides a natural vitality that motivates students to reach for their full potential.

Scholarship:We believe that all faculty should be committed to the broader mission of education that is accomplished through exploration, discussion, and dissemination of ideas. We seek a better understanding of existing law, to develop and test new ideas to lawyers, academics, policy makers, and the wider world. Our mentoring program for new faculty strives to support the start of a successful academic career. The philosophies and approaches of faculty members can and should vary widely in pursing this mission, but all are expected to produce noteworthy work.

Public Service:We believe that our faculty and students all have obligations to the Law School, the University, the profession, and the local and global communities for the privilege of being part of an honored endeavor. Moreover, a commitment to service is an ingredient of a full and satisfying life. Accordingly, we will contribute our time and talents in pursuit our mission in ways that match our individual interests and abilities. Our annual activities are marked by certain events such as orientation, colloquia and workshops, and annual lectures. As a public institution with a tradition of public service, we will strive to instill in our students an awareness of a lawyer’s civic responsibilities and opportunities to serve and lead.

A complete copy of the Colorado Law Strategic Plan is available on our website. You may obtain a copy of any annual benchmarking report at the Dean’s office.

People to Know in the Law School

Person Title and Contact Information Service ProvidedDeans

Phil Weiser [email protected]

Helen Norton Associate Dean for Academic [email protected]

Ahmed White Associate Dean for [email protected]

Workshops, Colloquia and Faculty Scholarship Support

Whiting Leary Assistant Dean for Student Affairs303.492.6682 Student Affairs

Faculty Professional Duties and Responsibilities

All University of Colorado Faculty members are held to the professional standards set forth in the University’s code of professional conduct titled, “Professional Rights and Duties of Faculty Members.” The preamble to that document sets forth its purpose as follows:

It is the intent of this Professional Standards Document to protect academic freedom, to help preserve the highest standards of teaching

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and scholarship, and to advance the mission of the University as an institution of higher learning.

All Colorado Law Faculty are asked to review this document closely.

Rules of the Law School

The Rules of the Law School are the governing document of Colorado Law. With respect to the governance of the law school, they provide as follows:

The guiding principle of these rules is that, in the operation and administration of the Law School, all recommendations, decisions or actions on matters significantly affecting the Law School shall be taken only with the prior approval of the faculty, except as otherwise specifically provided by these rules. (§1-3-1)

Student Honor Code

The Student run honor code is designed to engage students in the professional self-discipline that governs the profession. Approved by the law faculty on November 14, 2003, the current code became effective in the spring 2004 and penalizes academic lying, cheating, and stealing.

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Appendix B

Colorado Law Student Practice Rules

C.R.C.P. Rule 226.5 LEGAL AID DISPENSARIES AND LAW STUDENT EXTERNS

(1) Legal Aid Dispensaries. Students of any law school that maintains a legal-aid dispensary where poor or legally underserved persons receive legal advice and services shall, when representing the dispensary and its clients, be authorized to advise clients on legal matters and appear in any court or before any administrative tribunals or arbitration panel in this state as if licensed to practice law.

(2) Law Student Externs.A. Practice by law student extern (formerly section 12-5-116.1)

(1) An eligible law student extern, as specified in section 2B, may appear and participate in any civil proceeding in any municipal, county, or district court (including domestic relations proceedings) or before any administrative tribunal in this state, or in any county or municipal court criminal proceeding, except when the defendant has been charged with a felony, or in any juvenile proceeding in any municipal, county or district court, or before any magistrate in any juvenile or other proceeding or any parole revocation under the following circumstances:

(a) If the person on whose behalf the extern is appearing has provided written consent to that appearance and the law student extern is under the supervision of a supervising lawyer, as specified in section 2D.

(b) When representing the office of the state public defender and its clients, if the person on whose behalf the extern is appearing has provided written consent to that appearance and the law student extern is under the supervision of the public defender or one of his deputies.

(c) On behalf of the state or any of its departments, agencies, or institutions, a county, a city, or a municipality, with the written approval and under the supervision of the attorney general, attorney for the state, county attorney, district attorney, city attorney, or municipal attorney. A general approval for the law student extern to appear, executed by the appropriate supervising attorney pursuant to this paragraph (c), shall be filed with the clerk of the applicable court/administrative tribunal and brought to the attention of the judge/presiding officer thereof.

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(d) On behalf of a nonprofit legal services organization where poor or legally underserved persons receive legal advice and services if the person on whose behalf the student is appearing has provided written consent to that appearance and the law student extern is under the supervision of a supervising lawyer, as Section 2D.

(2) The consent or approval referred to in subsection (1) of this section, except a general approval, shall be made in the record of the case and shall be brought to the attention of the judge of the court or the presiding officer of the administrative tribunal.

(3) In addition to the activities authorized in subsection (1) of this section, an eligible law student extern may engage in other activities under the general supervision of a supervising lawyer, including but not limited to the preparation of pleadings, briefs, and other legal documents which must be approved and signed by the supervising lawyer and assistance to indigent inmates of correctional institutions who have no attorney of record and who request such assistance in preparing applications and supporting documents for post conviction relief.

B. Eligibility requirements for law student extern practice (formerly section 12-5-116.2)

(1) In order to be eligible to make an appearance and participate pursuant to section 2A, a law student must:

(a) Be duly enrolled in an ABA accredited law school, or a recent graduate of such a law school who has applied for admission to the Colorado Bar. For purposes of this rule, the “law student's” eligibility continues after graduation from law school and until the announcement of the results of the first bar examination following the student's graduation, provided for anyone who passes that examination, eligibility shall continue in effect through the date of the first swearing in ceremony following the examination.

(b) Have completed a minimum of two years of legal studies;

(c) Have the certification of the dean of such law school that the dean has no personal knowledge of or knows of nothing of record that indicates that the student is not of good moral character and, in addition, that the law student has completed the requirements specified in paragraph (b) of this subsection (1) and is a student in good standing, or recently graduated. The dean of such law school has no continuing duty to certify the student's good moral character after the student has graduated from law school [at that point, the law student/applicant to the Colorado Bar has obligations to maintain the integrity of the profession pursuant to Colo. RPC 8.1].

(d) Be introduced to the court or administrative tribunal in which the extern is appearing as a law student extern by a lawyer authorized to practice law in this state;

(e) Neither ask nor receive any compensation or remuneration of any kind for the extern's services from the person on whose behalf the extern renders services; but such

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limitation shall not prevent the law student extern from receiving credit for participation in the law school externship program upon prior approval of the law school, nor shall it prevent the law school, the state, a county, a city, a municipality, or the office of the district attorney or the public defender from paying compensation to the law school extern, nor shall it prevent any agency from making such charges for its services as it may otherwise properly require; and

(f) State that the extern has read, is familiar with, and will be governed in the conduct of the extern's activities under section 2A by the Colorado Rules of Professional Conduct.

C. Certification of law student extern by laws school dean--filing--effective period--withdrawal by dean or termination (formerly section 12-5-116.3)

(1) The certification by the law school dean, pursuant to section 2B(1)(c), required in order for a law student extern to appear and participate in proceedings:

(a) Shall be filed with the clerk of the Colorado Supreme Court Office of Attorney Registration, and unless it is sooner withdrawn, shall remain in effect until the student's graduation.

(b) May be withdrawn by the dean at any time by mailing a notice to that effect to the clerk of the Colorado Supreme Court Office of Attorney Registration, and such withdrawal may be without notice or hearing and without any showing of cause; and

(c) May be terminated by the supreme court at any time without notice or hearing and without any showing of cause.

D. Qualifications and requirements of supervising lawyer (formerly section 12-5-116.4)

(1) A supervising lawyer, under whose supervision an eligible law student extern appears and participates pursuant to section 2A, shall be authorized to practice law in this state and:

(a) Shall be a lawyer working for or on behalf of an organization identified in sections 2A(1)(b)-(d);

(b) Shall assume personal professional responsibility for the conduct of the law student extern; and

(c) Shall assist the law student extern in the extern's preparation to the extent the supervising lawyer considers it necessary.

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Appendix C

UNIVERSITY OF COLORADO SCHOOL OF LAW - HEALTH EQUITY PROJECTLEGAL SERVICES RETAINER

1. Legal Services to be Rendered

This is an agreement to provide legal services between ____________________________(client) and ____________________________________(student/attorney) of the University of Colorado Health Equity Project. The Health Equity Project will provide legal services or advice to the Client in the following matter:_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

This contract does not require the Health Equity Project to provide legal services to the Client in any litigation or appeal other than the matter described in this paragraph.

2. Fees and Costs The Client shall disclose to the Health Equity Project all relevant information about the Client’s

financial situation and shall provide assurances to the Health Equity Project that the Client satisfies the Health Equity Project’s criteria for the provision of free legal services. The Health Equity Project will not charge the Client for any legal services (i.e., for the time that attorneys and law students work on the case). However, the Client may have to pay for or reimburse the Health Equity Project for any court costs and other reasonable expenses incidental to the provision of legal services by the Health Equity Project (i.e. photocopy expenses or transcript costs), which will be determined by a sliding scale based on one’s ability to pay.

3. Medical-Legal Partnership The client understands that the Health Equity Project attorneys work together with the ☐ Salud

Family Medical Center ☐ Colorado Refugee Wellness Center ☐ Children’s Hospital Colorado (Check one) to resolve the client’s issues, but the Health Equity Project is its own separate operation from the health care provider.

4. Use of Law Students The Client understands and agrees that: (1) the Health Equity Project is affiliated with the

University of Colorado Law School; (2) one of the purposes of the Health Equity Project is to allow law students to learn the skills of legal practice; and (3) accordingly, Colorado Law School students will perform legal services on behalf of the Client, under the supervision of licensed attorneys who are faculty members at or affiliated with the University of Colorado Law School. The Client also understands that certain law students are permitted by Colorado Supreme Court Rules to appear in court proceedings under the supervision of a member of the Colorado Bar, and agrees that students so authorized may from time to time appear in Court on the Client’s behalf, in accordance with Colorado rules.

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5. Postponement Practices

The Client understands and agrees that their case may be interrupted and representation may be postponed, so that a law student may represent the Client at all times. The Health Equity Project will only postpone the Client’s case if it will not harm the outcome of the case.

6. Attorney-Client Communication

a. Consultation: The attorney will keep the Client informed about the status of the case. The attorney will consult with the Client before making any significant decisions about the case. The attorney will not settle the case without the clients consent.

b. Communication and Honesty: The Client agrees to cooperate fully and to give the Health Equity Project’s attorneys and law students all the information they need about the Client’s legal problems. The Client and the attorney agree to provide complete and truthful information. The Client also agree to let the attorney know right away if the client gets letters or other papers related to the case.

c. Contact Information: The Client agrees to let the attorneys know right away if the Client’s address or telephone number changes.

d. Appointments: The Client and attorney agree to attend and be on time for all appointments and court dates.

e. Confidentiality: The Client understands that contacts with the Health Equity Project are protected by an attorney-client privilege, which means that if the Client gives the Health Equity Project information in confidence, the Health Equity Project cannot disclose this information to someone else without the Client’s permission.

The Client understands, however, that Health Equity Project attorneys and law students have a duty to reveal information about a Client if necessary to prevent the Client from committing an act that would result in death or serious bodily harm. The Client also understands that Health Equity Project attorneys and law students may be permitted to disclose information related to the representation in order to further the case. In addition, Health Equity Project attorneys and laws students may be permitted to disclose information should there be a dispute regarding fees and/or the adequacy of the Health Equity Project’s work on the Client's behalf.

7. Termination The Client may terminate this contract and end the attorney-client relationship with the Health

Equity Project at any time, except that in some cases, the Client may have to get court approval to do this. The Health Equity Project attorneys can decide to stop handling the Client’s case if the attorneys believe that one or more of the following are true:

a. The Client is not cooperating with the Health Equity Project’s attorneys and law students by failing to communicate with them or failing to attend meetings;

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b. The Client’s claims, in the judgment of the Health Equity Project’s attorneys, have no legal basis;

c. Further work on the case would be only for the purpose of harassing or harming another person;

d. The Health Equity Project’s continuing representation of the Client would be, in the judgment of the Health Equity Project’s attorneys, ethically wrong; or

e. There is any other good reason within the meaning of the Illinois Supreme Court Rules for the attorneys to stop handling the Client’s case.

If the Health Equity Project decides that it should stop handling my case, it will make every effort to give the Client written notice of that decision.

8. Scope of Representation The Client understands that, if the Client’s case ends and the Client is not satisfied with the

result, the Health Equity Project attorneys and law students will advise the Client of any rights the Client may have to an appeal. The Client understands that the Health Equity Project considers an appeal or further review as a new case, requiring a new agreement, and reserves the right not to represent the Client in the appeal or further review.

I agree that the University of Colorado Health Equity Project may represent me, on the terms set forth above.

_______________ By:_________________________________________________________ Date Health Equity Project Student Attorney (Signature)

________________________________________________________

Supervising Attorney (Signature)

________________________________________________________

Client (Signature)

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Appendix D

Colorado Refugee Wellness Center1666 Elmira Street, Aurora, ColoradoMedical Director: Jamal Moloo, M.D. ([email protected])

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Salud Family Health Center6255 N. Quebec Parkway, Commerce City, Colorado 80022Medical Director, Tillman Farley(303) 286-8900

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Children’s Hospital Colorado13123 East 16th Avenue, Aurora, Colorado(720) 777-1234

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Appendix E

The Colorado Health Equity Project Legal Learning ObjectivesThe Health Equity Project provides an opportunity to learn lawyering skills by connecting theory and practice through direct client interaction and participation in the Practicum. The course emphasizes the development of skills in interdisciplinary practice, client interviewing and counseling, fact finding and analysis, legal research and document drafting, pursuit of administrative and other legal remedies, policy reform where appropriate, and creative problem solving for the benefit of clients.

These skills are learned in the context of team and group work, with an emphasis on collaboration and interdisciplinary problem-solving. Using this collaborative model, all Clinic members are exposed to the range of cases handled in the Clinic, terminology and culture of healthcare, and delivery of services to low-income people. You will be encouraged to reflect on these experiences developing lawyering skills, interacting with the social, justice and healthcare systems in which your cases originate, and realizing your own personal philosophy of lawyering.

We expect students in The Colorado Health Equity Project to:

Practice Traditional and “Preventative” Lawyering Skills in ContextThe Practicum offers the opportunity to engage in experiential learning through direct client representation and to develop practical lawyering skills through the use of legal and non-legal remedies.

Understand the Use Of Law To Address Some of the Jey Social Determinants of Poor Health . . .

Provide Direct Legal Assistance . . .

Identify and Advocate for Sturctural, Population-based Solutions . . .

Gain Experience in Exercising ResponsibilityStudents will assume responsibility for matters of critical importance to individual clients.

Work in Collaboration and PartnershipBy partnering with each other and participating in the medical-legal partnership, students will learn the importance of interdisciplinary approaches and collaboration with individuals engaged in the practice of law, public policy, medicine, social work, public health, organizing, media, and epidemiology, among others.

Enhance Creative Problem-SolvingStudents will practice innovative problem-solving by engaging in strategies that complement litigation, including targeted policy development, working with the media, and client empowerment.

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Lay the Foundation for Lifelong LearningStudents will learn to think independently and to examine their learning processes and experiment with multiple techniques and approaches in order to find the ones that work best for them.

Embrace Justice and Service as Core Legal ValuesStudents will gain firsthand knowledge of social and legal disparities in low income and minority communities and the effect lawyers can have on access to health and justice in these areas. An emphasis will be placed on the importance of public interest service in all areas of the legal profession.

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Appendix FLawyering Skills Chart

Skills Components

Attorney-Client Relationship and Counseling

Understand your client’s concerns and ensure they feel heard

Treat the client with respect and patience Maintain confidentiality Involve your client in decision making where

appropriate Maintain communication and keep your client informed Treat sensitive matters delicately Provide accurate and relevant advice and referrals

Fact Investigation and Interviewing

Listen carefully to the client and other parties Identify key sources of information Determine how you will obtain facts Make requests for documents and records as needed

and complete summaries and index of records Obtain an accurate narrative, paying attention to all of

the facts (spoken and observed) Stay neutral and aware of assumptions (yours and

others) Obtain multiple sources to support a fact Collect any documents from client

Research and Analyze

Find appropriate background, supporting data and legal materials

Correctly analyze the materials Complete the research in a comprehensive, yet timely,

fashion Keep your materials up to date, complete and easily

accessible to team members Be able to access your materials quickly to answer

questions

Case Development, Preparation and Initiative

Use resources (such as decision tree and SOAP Notes) to create case plan

Create and proceed with detailed case plan Contact client quickly and regularly after initial intake

or case assignment

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Set firm deadlines and meet them Advance case by regularly defining and meeting

objectives Apply the research for your client Suggest additional work product that your client might

want in light of your research Identify and demonstrate grasp of creative problem

solving strategies (beyond the law) Actively participate in case meetings and case rounds

Written Materials & Communication

Write in a clear, simple, persuasive and professional manner

Know your audience and alter your writing style accordingly

Self-edit, welcome outside edits, and follow up on feedback

(Includes correspondence, presentations, transfer or case closing memos, legal memos, legal analysis memos, briefs, counseling or negotiation charts and other documents)

Oral Advocacy & Communication

Present materials to or on behalf of your client effectively

Know your communication style and when to shift it to meet the listener’s needs

Know your audience Be well-versed in all relevant and related materials Stay on point (avoid verbosity) Be persuasive and thoughtful Create/distribute relevant and useful materials

Interdisciplinary Collaboration

Actively participate in partnership with medical providers, social workers and public health practitioners

Demonstrate ability to work in collaboration with colleagues in your own and other disciplines

Engage other fields to advance your goals Regularly communicate with Supervising Attorney

Public Policy & Problem Solving

Identify deficiencies in the law and public policy and ways to correct them

Demonstrate ability to engage in strategies that complement litigation, including targeted policy development, working with the media and client empowerment

Create, and/or make thoughtful, deliberate

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contributions, to an advocacy plan

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Professionalism Skills Chart

Skills Qualities

Dependability & Timeliness

Attend meetings and arrive on time Keep your supervising attorney informed of

your whereabouts (including if you are going to miss a meeting)

Promptly return phone calls and respond to emails from supervising attorneys, colleagues and clients

Meet all deadlines by submitting work product on time and in a complete manner

Fulfill office hours Fulfill time entry requirements Meet with and keep client up to date on case

progress (whether time is inside specific hours requirement)

Self-sufficiency, Initiative & Helpfulness

Be proficient in using Supervising Attorney’s office case filing system, equipment and technology (e.g., LegalServer, telephone, computer, fax, copier, and other resources)

Assist with logistics for meetings Improve Health Equity Project materials

related to the issue you are researching Support colleagues by providing feedback on

cases

Effective Professional Collaboration

Demonstrate knowledge of contribution that other fields make and an ability to collaborate with professionals from other disciplines

Foresee upcoming demands on your time and coordinate work product with your teammate and supervising attorney

Maintain flexibility in your schedule to accommodate unexpected meetings, presentations, hearings, and other events related to your case

Identify problems as they develop and take affirmative steps to address them with Clinic faculty

Abide by Supervising Attorney’s correspondence policies and confirm supervising attorney approval before sending any printed correspondence

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Only send outside correspondence (emails, letters) after approval from a supervising attorney

Assist non-team members with cases as needed

Regular attendance, promptness and preparedness for supervisory meetings

Treat colleagues, clients and supervisors with respect

Take responsibility for your actions

Professional Development, Evaluation and Reflection

Articulate personal goals for the semester and implement strategies to meet those goals

Engage in non-judgmental self-reflection and insight, recognizing both your strengths and those areas in which you need to improve on a regular basis

Submit thoughtful Critical Experience Assessments and journal entries

Submit thoughtful self-evaluations using detailed examples

Demonstrate critical thinking and problem solving abilities

Abide by the Student Attorney Handbook

Professional Responsibility Abide by the rules of professional

responsibility (e.g., confidentiality, conflicts of interest, responsiveness to client requests, diligence and promptness in client representation)

Identify potential ethical issues and address them in collaboration with supervising attorney

Demonstrate service and commitment to best interest of client

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Appendix G

Adaptive SupervisionFrom Georgetown Fellows’ Seminar – February 17, 2011

Method

1. Observe student behaviors that you might encounter in difficult supervision. While we begin by observing students, a student may not be the source (or the sole source) of the difficulty, even though the student’s behavior may be the symptom that there is a problem.

2. Analyze potential contributing factors, starting with supervisor factors.

3. Adapt supervision, and note the factors for which adaptations are appropriate.

Diagnostic Model for Adapting SupervisionNote: The categories in each column are not horizontally aligned or linked.

Observe behaviors Analyze contributing factors Adapt supervision

Productivity Miss deadlines Late to meetings Seek to opt out Show little initiative

Cognition Speak / write poorly Conflate / distort concepts Cannot reflect objectively

Relationships Defensive Hypercritical / argumentative Rejects supervisor’s advice Agrees, then reject advice Defers / passive w/teammate Averse / attracted to client

Emotions Indifferent Pessimistic, hypercritical Vulnerable / defensive Angry Frustrated Anxious Volatile

Supervisor Supervision style Knowledge of facts and law Personality tendencies Expectations of students Reactions to students

Clinic Nondirective / directive Extent of skills, analytic training One vs. two semesters Workload

Client Non-legal needs Complex legal needs Language and culture Radical politics Temperament Directiveness on strategy Multiple identities / roles Other expectations

Student Language education Cognitive disorder

o E.g., learning disability Mood tendency / disorder

o E.g., anxiety, depression Personality tendency / disorder

o E.g., obsessive, narcissistic Physical disability Past trauma

Supervisor role Avoid emotional reactions Be more / less directive Be more / less demanding Identify student patterns Involve clinic director Integrate previous experience Resolve role conflicts Change supervisors Get psych / educat’n advice

Clinic operations Set expectations Strengthen supervisor skills Alter client intake Strengthen curriculum

o Analysis and practice skillso Managing role conflictso Managing culture

differences

Student role Give more freedom Assign shorter / longer project Reallocate work to others Reduce load outside clinic Resolve role conflicts Dissolve team Limit relations with client

Referral Psychological services Language / writing Public speaking

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Recommended Readings

1. Excerpt from Margaret Martin Barry, Clinical Supervision: Walking that Fine Line, 2 CLIN. L.REV. 137 (1995).

2. Excerpt from Kathleen A. Sullivan, Self-Disclosure, Separation and Students: Intimacy in the Clinical Relationship, 27 INDIANA L.REV. 115 (1993).

3. Excerpt from Abbie Smith, Carrying on in Criminal Court: When Criminal Defense Is Not so Sexy and Other Grievances, 1 CLIN. L.REV. 723 (1995).

4. Excerpt from Robert Rader, Confessions of Guilt: A Clinic Student’s Reflections on Representing Indigent Criminal Defendants, 1 CLIN. L.REV. 299 (1994).

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Appendix H

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Appendix I

Health Equity Project Confidentiality Agreement

The University of Colorado Law School allows certain students to participate in the Health Equity Project, a medical-legal partnership with Salud Family Health Centers, the Colorado Refugee Wellness Center, and Children’s Hospital Colorado. I understand that I have been authorized to participate in the Health Equity Project.

I further understand that in the course of my participation, I will likely encounter information protected by the attorney-client privilege (“privileged information”) and information protected by the Health Insurance Portability and Accountability Act (“protected health information”). This privileged information and protected health information may come from a number of sources including, but not limited to, case files, written documents, electronic media, medical records, verbal interactions, and general observations.

I understand that all privileged information and protected health information I encounter is strictly confidential, and I agree that I am prohibited from disclosing or giving access to any privileged information or protected health information to anyone outside of the program. I agree not to discuss privileged information or protected health information with anyone other than my supervisor or others in the program. I also agree to access, use, and disclose only the minimum privileged or protected health information necessary to complete the objectives of the program. I understand that I must be accompanied by my supervisor at all times when conducting business at any health care facility, unless I receive express permission from my Supervising Attorney or Law Faculty member to do otherwise. I will not speak with patients or access any confidential information or medical charts without the express approval of my Supervising Attorney or an attending physician at the health care facility to which I am assigned.

Any breach of confidentiality under this Agreement may result in notification of misconduct to University of Colorado Law School and removal from the Health Equity Project with a failing grade.

I agree that this Confidentiality Agreement binds me during and after my participation in the Health Equity Project.

By signing below, I certify that I will abide by the terms of this Confidentiality Agreement and applicable Health Equity Project and all health facility policies and procedures to ensure appropriate confidentiality and security of privileged information and protected health information. I have read and understand the above and agree to be bound by it.

____________________________________ _______________________________________Signed Date

____________________________________Printed

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Appendix J

Critical Experience Assessment

During the course of the semester you are likely to encounter many new challenges and experiences. The best way to maximize your learning is to actively reflect on what you are doing. The following journal exercise will assist in that endeavor.

Instructions:Every other week during the semester, you should select one lawyering experience in which you engaged. Pay particular attention to anything that might have triggered a reaction in you or another participant in the event. For example, did you become emotional or surprised (that is, that you did not expect what happened to happen).

Please type in a memorandum format addressed to your Supervising Attorney with the subject heading being the activity about which you are writing. At the outset, each CEA memo should include 4 paragraphs. These paragraphs are described below and should serve as a guide for your first few CEA entries. You may find these to be quite stilted. They are designed to ensure that you really reflect. After you get used to doing these journal reflections, feel free to reflect in a way that works for you.

Paragraph 1: Describe the situation or activity. Include the who, what, when, where, how. Be fairly specific, noting your observations of the people involved and your surroundings.

Paragraph 2: This paragraph discusses (a) any expectations you had going into the situation or activity and why, (b) what you were thinking during the activity and why, and (c) any questions you had and why.

Paragraph 3: This paragraph discusses the factors that are possible causes, influences and contexts for the situation. In this paragraph, you should discuss anything that surprised you, any deviation from your expectations, and any feelings or emotions you had during the activity and why. Be careful not to confuse feelings with thoughts. For example, “I felt that it was useful” is really a thought not a feeling. Feelings include: frustration, anxiety, anger, nervousness, happiness, being relaxed, annoyed, bored, satisfied, etc.

Paragraph 5: This paragraph discusses why the factors in paragraph 3 were present. For example, if something surprised you, you should discuss what about your own experience may have led you to expect something different from what actually happened.

Paragraph 4: This paragraph discusses how you might apply what you learned from the experience - something specific you can do in the future. Be sure to describe this in behavioral terms, not just ultimate goals. For example, don’t just say that next time you will be more

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prepared to answer the client’s questions. Rather, discuss what research you will do before the next client interview.

The CEA memo is due by noon every other Tuesday. The contents will be kept confidential. On occasion, your Supervising Attorney might want to discuss the matter with you or want to raise the issue in a case meeting.

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