George Bell
Clinical Professor
In the Civil Litigation Clinic, students represent clients in civil litigation matters
under close supervision in a model law office setting. The Civil Litigation Clinic represents
low-income individuals and families who do not have resources to hire an attorney. Because the Civil Litigation Clinic has developed a good reputation for providing high quality legal work, clients are referred from agencies, courts and lawyers, or they contact the Clinic directly.
Cases include family law such as divorces, child custody, and orders of protection proceedings; debtor cases, and general civil litigation cases which provide participating students a broad range of experiences. Recently, students have filed cases in federal court against area collection agencies for unfair debt collection practices. Through a successful appeal, the Clinic stopped pervasive "job search" requirements within the debt collection system in Champaign County. Students are currently working on a complex family law case in which they just won an appellate court decision - providing alimony and retroactive child support-for a woman divorced after a 20-year marriage.
Students take real depositions in a variety of cases, interview clients - both formally and informally, in-person and by telephone - investigate facts, and counsel clients on how to prepare for court. In addition, there are numerous court appearances and some contested hearings, providing students with practical knowledge about how matters are carried out in litigation.
The Civil Litigation Clinic has affected the lives of many people because students made the extra effort necessary to resolve an issue. Some examples:
The mother of severely disabled twins was being overpaid by Public Aid, but when she informed Public Aid of its oversight, the agency insisted she was entitled to the payments. However, Public Aid eventually realized its mistake and asked for a refund of several thousand dollars. Because the law stated that regardless of fault, the money had to be paid back, it would have been a dire situation for the client. Fortunately, the Clinic was able to convince the judge that the facts of this case were so egregious that the agency was equitably stopped from requiring repayment of the money. The Clinic has accomplished this in two different cases-which is a rare occurrence-and is currently seeking the same result in a third case.
In 1997, Senior Law Students in the Civil Litigation Clinic filed a statewide class action, seeking a writ of mandamus against the director of the Illinois Department of Human Services (DHS). The class was certified by the court and includes all persons who: 1) have applied for or received Food Stamps or Aid for the Blind and Disabled (more than one million people), and, 2) have had any action taken regarding their eligibility for benefits based on calculations involving income or need. The complaint asserts that failure to provide written notice of these calculations is so fundamentally unfair that it violates the guarantee of Due Process found in both the Illinois and United States Constitutions. Recent discussions with the defendant indicate that settlement may be possible.
Clinic students have an extremely high level of responsibility as they make and implement the strategic decisions toward settlement. Over the years, students have had the opportunity to undertake significant legal research, take depositions, participate in settlement talks, interact with the client, and develop new notices which will help all welfare applicants and recipients understand the reason for eligibility decisions based on calculations. This case is complex litigation that offers students significant real-life learning experiences that cannot be found in any classroom.
