Tuesday, July 23, 2019
CLEA: Social Justice in Legal Clinics: The Nonprofit and Small Business Clinic at New York Law School
Cross posted from the CLEA series on Social Justice in Legal Clinics.
A post by Anna G. Cominsky, Visiting Associate Professor of Law and Supervising Attorney at New York Law School
Social justice is an integral part of Associate Professor of Law Gowri Krishna’s Nonprofit and Small Business Clinic at New York Law School. “I think of my clinic broadly as a social justice clinic,” Krishna says, “We support people and organizations that work towards economic, racial, social, and environmental equity.” Students in the yearlong Clinic provide transactional legal assistance to nonprofit organizations and small businesses. Under close faculty supervision by Krishna, students interview and counsel clients; plan and strategize on matters; research relevant questions of law; draft correspondence, memos and legal documents; manage client relationships; and negotiate agreements. Students take primary responsibility for work with multiple clients on a variety of matters such as entity formation, governance, contracts, intellectual property and regulatory compliance.
The Clinic is comprised of seminar and fieldwork experience for both fall and spring semesters. During the fall semester, twice-weekly seminars focus on substantive areas of law, ethics and lawyering skills. Students prepare for and lead case rounds in which they discuss issues raised in and reflections on their fieldwork
Clinic clients range from start-ups to more mature entities. Clients generally come from or benefit low-income communities, and all are unable to afford market rates for legal services. “We represent nonprofit groups and small businesses on non-litigation matters such as entity structure, formation, governance, contracts, leases, etc. The nonprofit organizations have varying missions that aim to improve the lives of and build power for the most vulnerable in some way, whether it is providing preschool programs for children in public housing, training immigrants for jobs in the culinary sector, or developing affordable housing policies (a sampling of this past year’s clinic clients).”
The Clinic helps students explore and understand a new economic system, commonly referred to as the solidarity or cooperative economy, which is a movement to build a just and dependable economy. “Many of the small businesses we assist are ones that fit into the solidarity economy. They value democracy and cooperation and operate their business according to these principles. Transactional lawyers adapt existing legal structures and create new ones to meet their clients’ goal of prioritizing labor over capital. They counsel clients on governance structures that offer democratic participation by all of the workers in a business. This type of legal work is cutting-edge, requiring attorneys to think creatively and lawyer in novel ways. Law school clinics, nonprofit legal services, and private law offices should seek and embrace opportunities to support a more democratic economy.”
This is a critical time in our history. Clinics, like Krishna’s, now more than ever have the ability to promote social justice by training future lawyers. The Clinic helps prepare students for work with organizational clients and introduces students to opportunities for transactional lawyers to further economic, environmental, racial and social justice. “My hope is that by getting to know their clients and their clients’ broader objectives, students will sharpen their critical thinking and creative lawyering skills and consider their role in effecting social justice.”