Rule 3:03
For the past few weeks, Legally Blonde AF has erred on the side of “light-hearted.”
That’s partly because I was traveling a lot, partly because Halloween lends itself to fun topics. Mostly though, it was due to a day-to-day that’s recently been a bit heavy on the soul.
This blog is always a great outlet for stress, but I do want to acknowledge some important work happening behind-the-LBAF-scenes.
CRIMINAL JUSTICE INSTITUTE
The Criminal Justice Institute, CJI for short, is one of many clinical programs at Harvard Law School. Clinics are a way for law students to gain hands-on experience in certain areas of law, under the supervision of licensed attorneys. Clinics aren’t mandatory at HLS, but they’re a great way to (1) break up those boring academics and (2) knock out a few grad requirements, including 50 hours of pro bono service and experiential learning.
CJI specifically focuses on criminal defense work. According to the CJI website,
“The mission of the Criminal Justice Institute is to educate Harvard Law School students in becoming effective, ethical and zealous criminal defense lawyer-advocates through practice in representing indigent individuals involved in the Massachusetts court system as well as to research and present issues and debates about the criminal and juvenile justice systems in order to affect local and national reform.”
So, yes! I currently represent several clients in state criminal cases. I go to court regularly, conduct investigations, talk to the District Attorney’s office, write memorandums and motions, visit correctional facilities to see incarcerated clients, and do alllllll the other stuff that goes into criminal defense.
In a nutshell: it’s been a stressful, busy, often disheartening but always fulfilling, few months.
Various legal and ethical rules prevent me from speaking about my clients and their cases (I wouldn’t anyway; they’re entitled to privacy). What I will say is, coming face-to-face with societal struggles I might never see otherwise has completed the shift in my perspective re: crime, criminals, and justice. Not going to get into that here, but always happy to discuss one-on-one!
However, I never fail to hear the same question about CJI:
“How the heck can you represent real people as a law student?!”
When Elle Woods stands up to represent Brooke Windham in her murder trial, she actually cites the same rule! (It doesn’t quiiiiite work though - see below for why.)
SUPREME JUDICIAL COURT RULE 3:03
The highest court in Massachusetts (The Supreme Judicial Court, or ‘SJC’) has a rule that allows third-year law students to practice criminal law under the supervision of a Massachusetts-barred attorney. 3Ls can appear on behalf of the Commonwealth (aka, the District Attorney or “prosecution”) OR on behalf of indigent parties (aka, criminal defendants without the ability to pay for their own attorney).
Elle Woods taking on a murder case is a very dramatic example of this rule in action, but there are several requirements not depicted in Legally Blonde. These include:
You are in your third and final year of law school (sorry Elle!);
Validation from your law school dean that you’re a student in good standing;
A statement that you’ve either completed or are enrolled in a course about evidence OR trial practice;
Assignment to a supervising attorney who is barred in the state of Massachusetts (the idea is that you practice on their license);
You (or someone on your behalf) has filed a student practitioner form with the Clerk’s office; AND
Your client has given permission to be represented by a student attorney.
Fun fact - Legally Blonde actually gets that last bullet right! When Brooke Windham fires Professor Callahan and takes on Elle as her attorney, the judge DOES ask if she’s okay with it. After receiving confirmation from Brooke that she “absolutely” is, the judge allows Elle to proceed.
And there you have it! Right now my life is all CJI, all the time. In the future if my blogs steer clear of heavy topics or seem shorter than usual, you know why! I’m probably prepping for trial or something 🤷♀️
