Law clinic offers experience with briefs

A small group of UCLA law students will share their expertise with courts across the country this fall, as part of a new course where students submit official amicus curiae or “friend of the court” briefs.

UCLA School of Law professor Eugene Volokh, one of the nation’s leading First Amendment scholars, will teach the students how to draft amicus curiae briefs on behalf of organizations or academic groups for the consideration of state and federal courts.

Amicus briefs can affect the U.S. Supreme Court’s decision to hear a case, influence a lower court’s decision to allow a case to be reheard, or add credibility to an argument by presenting expertise or support for one side of a case, Volokh said.

For example, in August 2012, the UC president and chancellors of all 10 campusessubmitted an amicus curiae brief to the U.S. Supreme Court, siding in support of a race-conscious admissions policy at the University of Texas, according to Daily Bruin archives. The case is still before the Supreme Court.

With Volokh’s help, small teams of students in the new clinic will write briefs for organizations like the American Civil Liberties Union on cases relating to the First Amendment of the United States Constitution, Volokh added.

“For many students, this will be their first experience with real cases, real deadlines and real clients,” he said.

About nine students in their second or third year of law school will be able to enroll in the four-unit course, which will meet weekly throughout the semester.

Volokh said he came up with the idea for the clinic while filing petitions to the U.S. Supreme Court. He said he realized that many people and organizations do not have the long hours or money it takes to write amicus curiae briefs.

Clinics provide practical training for aspiring lawyers, and are taken by most law students even though they are not required, said David Babbe, the interim director of clinical programs. The UCLA School of Law  was one of the first law schools to offer clinics, and continues to offer clinical courses in areas such as litigation and public interest, he said.

The process of filing amicus curiae briefs is similar to that of appellate briefs, a skill all lawyers need, Babbe said.

With the course, students will learn how to trim down lengthy legal briefs, which Volokh said is another important skill for law students.

“There’s a reason briefs are called briefs,” he said. “You’re facing the limits of the attention span of judges – if it looks like you’re being long-winded, they may not read it as closely.”

Gary Orfield, a professor in the UCLA Graduate School of Education and Information Studies, has submitted several amicus curiae briefs to the U.S. Supreme Court as a member of groups of social scientists.

Amicus briefs can either be completely ignored or very important, Orfield said. He said he submitted a brief that was cited by the court in their decision on affirmative action policies in admissions at the University of Michigan.

Bita Yazdanian, a fourth-year political science student who plans to attend the UCLA School of Law in the fall, said she thinks the exposure to First Amendment law would be a good way to specialize her education.

She said she would be open to taking the clinic if it was offered again in the future because it offers skills that supplement normal law school classes.

The success of the clinic will determine if it will be brought back in the future, Volokh said.

Leading up to the August start date of the course, Volokh said he has been keeping an eye out for interesting cases and reaching out to groups, like the American Civil Liberties Union and media law firms, to find opportunities to submit briefs.

Students will submit electronic applications to enter the clinic, consisting of their grades, writing samples and the names of their former writing professors, Volokh said. Applications are due in early July, he said.

“It’s helpful to have an intermediate experience, where the clients won’t be going to jail,” Volokh said. “(The students) will be dipping their toes into the river of responsibility.”