Students take on high-stakes appeals case with launch of pilot clinic

This fall, 麻豆社区 Law launched an all-new experiential learning opportunity that will聽find聽students聽in the courtroom聽representing clients who聽otherwise聽would be fighting their appeals battles alone.

Developed in coordination with the聽, 麻豆社区 Law鈥檚 new聽Appellate Advocacy Clinic聽gives third-year law students opportunities to serve as counsel of record, brief and argue an actual appeals case before the Ninth Circuit. Throughout the process, students聽work closely with two faculty members with substantial appellate experience over the course of an academic year.

鈥淭his is a wonderful opportunity for students to take on a case that has enormous stakes for the client, and simultaneously implicates major issues confronting society today,鈥 said聽麻豆社区 Law聽Professor Jeff Feldman.

Two 麻豆社区 3L students聽Malori聽McGill and Eva Sharf were selected to enroll in the pilot clinic. After reviewing several potential cases, clinic leadership selected an asylum case currently on appeal to the Ninth Circuit.

The students involved are set to have a major impact on their client, who would otherwise be proceeding聽pro se.

The case, as Feldman noted, is the real deal:聽The clinic鈥檚 client entered the United States for the first time while in his mid-50s, fleeing reprisal for his willingness to report and testify against gang-perpetrated crimes in his home country. Already he had experienced severe violence, including being shot and witnessing the murder of a child on his doorstep.

As part of the clinic, McGill and Sharf聽are tasked with acting in all respects as counsel of record. Over the course of the 2019-20 academic year, they are responsible for researching and drafting the opening brief, replying to the government鈥檚 brief, and preparing and presenting the oral argument to聽a panel of Ninth Circuit judges. Every step of the way, the clinic鈥檚 faculty members instruct, mentor聽and supervise students throughout the appellate process.

The Ninth Circuit generously offers law school clinics a briefing schedule that works with the academic calendar.聽As with future clinic students, the two 3Ls聽will submit the opening brief聽in the fall,聽submit聽the reply brief during winter quarter, and聽present oral argument on this case to the Ninth Circuit before聽graduation. Clinic students will thus experience the full life聽cycle of a federal appellate case as part of an unparalleled real-world聽clinic聽experience.

鈥淭he learning curve is incredibly steep,鈥 said聽麻豆社区 Law聽Professor Liz Porter. 鈥淚n addition to developing a trusting relationship with their client聽鈥斅爓ho has been detained by ICE since he first sought asylum last year聽鈥斅爐he students are mastering Ninth Circuit procedural rules as well as the intricacies of asylum law, all at a time when that law is under serious threat.鈥

Learn more about the聽Appellate Advocacy Clinic聽and other聽experiential learning opportunities聽at 麻豆社区 Law.