Supervised by Attorney Greg Malhoit

NCCU’s Civil Litigation Clinic provides third year law students with exciting and challenging opportunities to learn what it means to practice law. The Civil Litigation Clinic is deeply committed to preparing students to become highly skilled at the craft of lawyering in the field of civil litigation. Students enrolled in the Civil Litigation Clinic receive practical instruction, experiential learning and mentoring designed to prepare them to enter the practice of law to handle civil cases from the point the client first enters the lawyer’s office through trial. During their Clinic experience students have the chance to represent real clients. Clinic clients have limited incomes and without assistance by the Civil Litigation Clinic, most will not have access to legal representation to help solve their legal problem. High quality legal representation provided by clinic students is crucial to the lives and future wellbeing of clinic clients and their families. By affording clients with legal assistance, students involved in the Civil Litigation Clinic breathe life into our nation’s commitment to “Equal Justice Under Law.”

The Civil Litigation Clinic has two challenging and exciting aspects:

1. In the two credit hour Civil Litigation Clinic Course, students receive intensive training using practical simulations and case examples that closely simulate what it is like to handle real cases. Students receive instruction that builds on the skills they develop in Trial Practice. Students are exposed to all aspects of pre-trial civil litigation including client interviewing and counseling, factual investigation and case analysis, preparation of pleadings, discovery practice, motion practice and pre-trial preparation. 

2. Upon successful completion of the Civil Litigation Clinic Class, students participate in the two hour Civil Litigation Clinic Internship Program. The Internship Program allows students to handle their own caseload made up of low-income clients referred by the Durham Legal Aid Program. The civil cases handled by students involve a wide range of legal problems in areas such as domestic relations, landlord – tenant, consumer protection, government benefits, employment, and civil rights. Students are certified pursuant to North Carolina’s Third Year Practice Rule and, under the close supervision of a highly skilled and experienced Supervising Attorney, they handle all aspects of a client’s case from the first interview to completion of the case. Supervising Attorneys not only provide direction to students, they also serve as mentors helping to guide them through the process of transferring their vast knowledge of legal theory into tangible legal assistance for clients. As a result, students learn skills not offered in other parts of the law school curriculum—applying sound legal judgment, using common sense, and expressing compassion and commitment to solve legal problems facing people and the communities in which they live.  

Defending Against Unfair Creditors - An Example of Students Using Their Knowledge and Skills to Make a Difference

When Mary Walker was sued by a debt collector over a car loan, she was referred to the Civil Litigation Clinic. Ms. Walker came to the Clinic confused and in fear that she would lose her home because of the lawsuit. After being interviewed by a Clinic Intern, it was determined that Ms. Walker had a good defense to the lawsuit and the case was accepted for representation. The Intern conducted an extensive investigation of the facts in the case and the relevant law. She filed an answer to the lawsuit arguing that Ms. Walker had paid most of the car loan and that the debt collector was grossly overstating the interest owed on the debt. After discovery and prior to trial, the Intern skillfully negotiated a very favorable settlement for the client allowing her to pay a fraction of the amount claimed in the lawsuit in small monthly installment payments.

At the close of the case Ms. Walker had this to say about the representation provided by the Civil Litigation Clinic: 

“I was scared to death when I was sued. My student lawyer explained the law to me in simple terms I could understand. She was very professional and I always felt I had an advocate in my corner. She did an excellent job in settling my case and I am very pleased with the result.”   

What Students Have to Say About the Civil Litigation Clinic

Here are just a few comments from students about their experience with the Civil Litigation Clinic.
 
"The opportunity to assume a civil case from start to finish and work towards a successful resolution of my own cases was a very rewarding experience. Weekly meetings with clinic peers and the clinic supervising attorney simulate the experience of working with other associates in a law firm and offer a supportive environment for the Civil Litigation Clinic participant." 
Amanda Maris, Class of 2006

“I found my experience in working with the Civil Litigation Clinic to be very productive, stimulating and enlightening. The class format fostered and facilitated discussions and sharing of ideas among the students prepared me well for my ensuing work at a Legal Aid office.” 
Harold J. Eustache, Sr., Class of 2007

"The course in Civil Litigation Clinic prepared me for my current
position where I will conduct a heavy amount of litigation.  The course is one that heightens confidence not only in the courtroom, but also within pre-trial preparation, as I consistently reference the course's writing assignments and reading materials.  The course is strongly recommended, as students will enhance their legal knowledge by directly applying the North Carolina Rules of Evidence, Civil Procedure, and Rules of Court, and eases students into an advocacy role of which can only be successfully taught through simulation and real cases."
Jennifer Sanders, Class of 2006

Students, are you ready to take your place in this room?  If so, consider taking the Civil Litigation Clinic.

If you need legal assistance, please contact Legal Aid of NC-Durham, at 919-688-6396, and your case may be referred to our clinic. 

“I was scared to death when I was sued. My student lawyer explained the law to me in simple terms I could understand. He was very professional and I always felt I had an advocate in my corner. He did an excellent job in settling my case and I am very pleased with the result.”

-Mary Walker