Therapeutic Jurisprudence and Preventative Law in the Thomas M. Cooley Sixty Plus, Inc., Elder Law Clinic

Authors

Cindy E. Faulkner, Thomas M. Cooley Law School

First Page

685

Document Type

Article

Abstract

Gertrude Smith phones the SixtyPlus, Inc., Elderlaw Clinic ("Clinic") to schedule an appointment. She informs the receptionist that she wants to come to the Clinic so she can "get a trust." Ms. Smith is scheduled for an intake appointment to meet with two student legal interns ("interns"). Ms. Smith arrives for her appointment, is introduced to the interns, and agrees to be interviewed. The senior intern (a student in her second term at the Clinic) begins the interview by asking Ms. Smith what brought her to the Clinic. Ms. Smith reiterates that she "wants a trust because it is the best thing for everyone." The senior intern asks what Ms. Smith means by that. The interview reveals that Ms. Smith is a widow and has four living, adult children, one deceased child, and seven adult grandchildren. Ms. Smith explains that she does not want her children to have to "go through probate." Had Ms. Smith made an appointment with an attorney who is not familiar with the principles of Therapeutic Jurisprudence and Preventative Law, she might have only been asked why she came to the attorney and then answered some questions to get details about her assets. Then she might have been sent on her way. It is likely that she would have returned one time to sign paperwork and get her bill for $1,500-$2,000. Fortunately for Ms. Smith, the Clinic is client-centered. The interns are taught to converse with their client, and to listen to what the client hopes to accomplish and why their client wants to accomplish that goal. This deeper look into clients' goals and values aids the interns in exploring various legal resolutions and explaining how these options might impact the clients' personal priorities. The Clinic uses a variety of methods to introduce interns to the principles of Therapeutic Jurisprudence and Preventative Law. These methods include: teaching interns client-centered interviewing and counseling techniques; requiring interns to act as guardians ad litem and perform guardianship reviews for area probate courts; inviting clients to an end-of-the-term reception to provide an opportunity to thank clients for their participation in the interns' legal education; and encouraging interns to learn if their clients are facing other legal concerns (prior to allowing the interns to close clients' files).

Recommended Citation

Cindy E. Faulkner, Therapeutic Jurisprudence and Preventative Law in the Thomas M. Cooley Sixty Plus, Inc., Elder Law Clinic, 17 St. Thomas L. Rev. 685 (2005).
Available at: https://scholarship.stu.edu/stlr/vol17/iss3/11