How Student Legal Services Supports Student Retention & Best Practices for Student Legal

Services

Why Do College Students Need Lawyers?

The Role of the Attorney in Student Development

Even a minor legal issue can completely derail student development, academic progress, and career and family plans.

Having a lawyer to consult can prevent:• Loss of scholarships and financial aid• Loss of graduate school opportunities • Loss of security clearances • Loss of commission• Deportation

Often times, students …• Have a fear of authority• Are overwhelmed by classes• Work• Have families• Have financial issues• Are naïve

Legal issues are often the final icing on the cake. Students don’t have the time, energy, or resources to deal with legal issues on top of all of their existing problems.

Legal issues can cause students to perform poorly and even drop out.

A lack of of legal advice availability to students threatens a diverse community.Currently UT Arlington is…• 19.2 percent Hispanic• 14.7 percent African American• 9.7 percent Asian• 8.5 percent international• 0.4 percent Native American

More than half of UT Arlington’s student body is comprised of minorities and a large international student population. Students often do not have the extra expendable income for an attorney. In the absence of free legal advice provided by UT Arlington, many students will have to choose between their education and resolving their legal issues. Since legal issues are often urgent, some students may drop out. Therefore, providing students with legal services has a direct impact on student retention.

International students are at greatest risk of damage due to legal issues.

Often times…• Their viewpoint on the law can vary• Their cultural background, customs, and traditions may

adversely influence their legal decisions• Culturally, seeking help is often considered a sign of

weakness• International students become confused and quickly

overwhelmed• Their situation may encourage them to drop out and go

home.

International students are a critical source of revenue for Universities.

UT Arlington currently has over2,100 students that bring in more than $35,900,000 in revenue just intuition and not including housing.

When legal problems arise, international students need a reliable source of knowledgeable advice, since they are often far away from their families and know next to nothing about the American legal system.

Without Student Legal Services programs, many students may drop out, and Universities lose an opportunity for revenue.

The presence of a Student Legal Services program can help to prevent suicides.

• Suicide is the 2nd leading cause of death among traditional college-age students (20-24 years)

• It is estimated that 1088 suicides occur on college campuses each year• The American College Health Association (ACHA) surveyed 16,000

students from 28 colleges and universities, and the data suggests that:• 1,520 have seriously contemplated suicide• 240 have made a suicide attempt

Students face problems on a daily basis, from financial issues to family issues. Often they go to school and work full time. An added legal problem without access to free professional help may push some students over the edge.

Financial Aid

• In 2007-2008, 66% of undergraduate students received some type of financial aid.

• Often tied to academic performance and/or full time status, both of which can be hindered by legal issues

• Includes Pell Grants, Work Study, and other scholarships

• GI Bill

A Comprehensive SLS Department can Provide Services to the Broader University Community & Subsets of the Student Body:

• International Students• Veterans• Students with Disabilities• Underrepresented Groups• Pre-Law Societies • Distance Education Students• Transfer Students• Commuter Students• Orientation Students

Special Group: International Students

• Passport/Visa Issues• Student visas can limit the type of employment that one can

have; violation of these regulations can result in deportation• Immigration/Documentation• Immigration concerns may arise in relation to a student’s

family or themselves (Ex: Obtaining a green card or visa)• Impact of criminal charges• Risk of deportation (Ex: Effect of Deferred Adjudication)

Common Legal Issues: Landlord Tennant, Auto Accidents, Traffic Citations, & Family Law

Special Group: Veterans

• GI Bill Time Limits: 36 Months• Impact of course failure• Impact of program failure• Job/Housing/Family Issues• Future Military Careers• Prior Records• PTSD• Other disabilities• Acclimation to civilian/college life• Veterans Services

Special Group: Students with Disabilities

• In 2008-2009, 11% of undergraduates have reported having a disability• Orthopedic conditions: 7%• ADD/ADHD: 23%• Mental Illness or Depression: 15%• Health Impairment: 11%

• Student Legal Services can help by providing advice on the Americans with Disabilities Act and the Rehabilitation Act

Special Group: Minorities• Often under-represented• Constitutionally & State Law protected groups:• Gender• Race• Ethnicity• Age• Religion• Nationality • Marital Status

• Title VII & Retaliation / Employment Discrimination• LGTB

Other Services SLS can provide

• Hazing/Bullying• Alcohol/DWI/CDS• Assault/Battery/Domestic Violence• File Sharing

• Downloading music, movies, etc.• Landlord/Tenant relationship

• Leases, security deposits, conditions, accessibility, discrimination, unlawful entry, withholding rent

• Free Speech• Internet, classrooms, residence halls, recreation centers, athletic

events, protests• FERPA• Privacy/Identity Theft• Estate Planning

• Power of Attorney’s, Wills, Advanced Directives,

Student Legal Services Best Practices

• Ethics / Conflicts of Interest• Services Provided or Excluded• Budget• Staffing• Professional Development /Professional Organizations• Space• Legal Educational Programming • Department Review • Assessment

Ethics Texas Disciplinary Rules of Profession Conducthttp://www.legalethicstexas.com/Ethics-Resources/Rules/Texas-Rules-of-Disciplinary-Procedure.aspx

State Bar of Texas Ethics Opinionshttp://www.legalethicstexas.com/Ethics-Resources/Opinions.aspx

State Bar of Texas Ethics Hotline (For Attorneys Only)1-800-532-3947

Note: FERPA does not govern Student Legal Services (Attorney Client Privilege & Confidentiality) trump FERPA in regards to Student Legal Services. Any requests for client files or information may not be released without a written waiver from the student.

Services Provided or Excluded

Determine the Scope of the Office• Representation (Civil / Criminal) / (Contested / Uncontested)• Limited Representation (Ex: Auto Accident Settlement)• Advice & Counsel w/ Limited Representation• Advice & Counsel Only

Other Services• Mediation• Notary

Excluded Services• Immigration Business Entity Formation Taxation• Bankruptcy• Issue Involving Another University Student or the University

Budget Items

• Staffing• M&O (office supplies, copy leases, phone, fax, postage)• Legal Research Database (Lexis-Nexis or Westlaw)• Legal Forms Database (Pro Docs)• Legal Reference Materials (Ex: Family Law Practice Manuel, Codes)• Professional Development: (Continuing Legal Education / State Bar College) • Travel • State Bar Fees• Local, Regional, & National Bar Association Dues• Malpractice Insurance • Marketing• Equipment (Technology): computers, scanner, printer/copier/fax, & ipad,

Staffing

Number of Attorneys • Student Population • Goal * (1 full-time attorney for every 15,000 students)

Support Staff • Administrative Assistant - designated exclusively for SLS to avoid

conflicts of interest (Full-Time)• Law Clerk(s) / If you are in an area close to Law School or a

Paralegal Program• Student Workers / Graduate Assistant/ Webmaster• Student Intern(s)

Professional Development

Continuing Legal Education, (CLE) * Required• 15 hours at least (3) hours (ethics/ professional responsibility) annually

Membership in the Texas Bar College• Initially, 80 hours within a (3) calendar year or 45 hours within the

current year• Maintain membership - 30 CLE hours annually

Recommendations: • Become a member or the Texas Bar College and maintain membership • Attend at least one topic specific CLE program per year • Attend University Student Legal Services Western Region Annual Conference

(CLE)• Attend National Legal Aid and Defender Student Legal Services Annual

Conference (CLE)

Professional Organizations

• State Bar of Texas Sections• Local Bar Associations• National Bar Associations Ex: ABA, NBA

Student Legal Services Professional Organizations• National Legal Aid & Defenders: University Student Legal Services

Section * President, Mark J. Karon, University of Minnesota SLS

• Western Region University Student Legal Services Association * President, Sylvia Holmes, UT Austin/Texas State San Marcos

SLS

Note: Both organizations maintain a listserv & are a valuable network

Space

• Student Legal Services should NOT share office space with other departments due to confidentiality issues.

• Student Legal Services should be housed in a location separate and apart from other departments. (Ex: SLS Office Suite)

• There should be adequate space to accommodate the needs of the office.

Considerations:• File storage• Accessibility• Staffing of the Office• Mediation • Adequate space to meet with clients• Waiting area

Legal Education Programming

SLS can provide valuable preventative and know your rights programing on various legal hot topics relevant to the populations they serve:

• Landlord Tennant Seminar• Identity Theft• Criminal Background Checks & Employment / Implications of Social Media• Family Law Seminar• Immigration Law Seminar• Estate Planning Workshop• Orientation Session (Parents / Students / International Students)• Don’t Get Busted BBQ : Know Your Rights When Confronted by the Police• Law Mentoring Dinner

Partner with other departments on campus to present programs to a variety of students & organizations. SLS is available to student groups and organizations to make presentations.

Department Review

Types of Review• Strategic Planning • Annual Reports• Budget Allocation Presentations

Program Audit (Ex: CAS)• Self Assessment • Internal Review (Team from within the university community) • External Review (Attorney from another SLS institution reviews the

program)

* After each step of the program audit, develop an action plan to address weaknesses

Assessment

• Benchmarking with comparable or peer institutions• Annually Review Mission Statement• Annually conduct a Needs Assessment • Annually Develop & Assess Learning Outcomes • Client Satisfaction Survey• Assess Legal Education Programming (Rubric)

Contact Information:

Keisha A. Ware, JDUT ArlingtonAttorney for The StudentsE.E. Davis Hall Rm#216Box 19270Arlington, TX 76019Ph: 817-272-3771Fax: 817-272-0185Email: keishaware@uta.edu

Special thanks to the following for assistance with putting together the materials for this presentation :

• UT Arlington Student Legal Services Law Clerk / Paralegal , La’Shundra Tucker • UT Arlington Student Legal Services Undergraduate Intern, Sami Ghubril• Rutgers University Student Legal Services• UT Austin Student Legal Services • Texas Tech University Student Legal Services• Texas State at San Marcos Student Legal Services• University of North Texas Student Legal Services