During
the 2017 Cherokee Pro Bono Trip, Carolina Law took on its most rural project to
date. While the Cherokee Trip has been in place for six years, this is the
first time that Carolina Law students have ventured outside the bounds of the main
Qualla Boundary of Cherokee proper about 50 miles west to the small community
of Snowbird. Though it is separate from the main reservation, Snowbird boasts a
number of Eastern Cherokee members in its small community.
Up
bright and early on a misty Tuesday morning in mid-December, four students and
two student-leaders headed out for Snowbird. During the drive, our group was mesmerized
by the beauty of the scenery around us, from the fog making the Smoky Mountains
“smoky,” to the quiet creeks adjacent to the road.
After
arriving at Snowbird, we realized it was the smallest community we had ever
visited. There were no traffic lights, and everything the people of the
community needed was located within less than half of a football field’s
length.
Though
the community was small, its people had a dynamic personality. Each of the
clients at the clinic provided us with a unique perspective of the region. One
of the clients was an expert in the oral history of the Cherokee Nation, providing
us with insight into everything from the interactions of the Cherokee people
with non-native settlers and the hardships of the “Trail of Tears” to Cherokee
trades and sports. The clinic in Snowbird covered a range of legal assistance
from simple divorces and child custody to the drafting of wills and power of
attorney issues. In helping these clients, it was comforting to know that we
could provide them, at the very least, with peace of mind about some of their
questions.
Lawyers are often described
through a variety of words: attorney, mediator, advocate, litigator, counselor,
judge, prosecutor, defender, and many more. Through the Pro Bono trip to
Cherokee, in my view, three more terms emerged as even better descriptions of the
potential a lawyer can have on others. A lawyer is a learner, a problem-solver,
and simply, a fellow human being.
Lawyers as Learners
Though
we had received training on the various forms and practices we would be using in
Cherokee, no training would prepare us for the true practice of law. Practicing
law is so much more than knowing how to fill out forms or what procedures need
to be completed for a certain issue. While these are important foundations,
every client is different and, as a result, every legal problem should be
addressed uniquely. Though law school teaches us how to think and pro bono
helps us gain practical skills and empathy for clients, the actual practice of
law will be a continuous process of learning throughout our entire careers.
The
learning environment in Cherokee was dynamic. Although we had many questions,
attorneys from Legal Aid of North Carolina and the tribe’s Legal Assistance
Office were there to guide us every step of the way. For the 1Ls on the trip,
including myself, this was our first opportunity to work face-to-face with
clients within the actual practice of law. Within an hour of interacting with
our clients, we had gone from theorizing about legal practice to successfully
helping individuals with their legal issues. The experience was also humbling
as we realized that we have a lot to learn. When one client corrected us on
something, it was a reminder to me never to underestimate my clients or overestimate
my skills as the practice of law changes every day. At Snowbird, we learned
just as much from our clients and they likely gained from us. Yet, the clients
knew we were law students and gave us a chance, putting their trust in us. We
have the tools to be successful attorneys but the rest is simply up to
practice, practice, and more practice.
Lawyers as Problem-Solvers…maybe
It
was a powerful experience to witness clients walking away from the clinic
satisfied. Legal challenges are often not simple to solve. Through the analytical
thinking of law school, however, we learn to put pieces of information together
and use the tools we have learned to tackle specific cases with different facts.
For many of the clients in Snowbird, this resulted in some of their problems
being solved, putting their hardships in the past, and making them feel better
about their future. For others, our answers likely were not the information the
client was hoping to hear. Yet, getting a sense of place and what their options
were at least partially provided answers. Sometimes closing doors can help
narrow down options and can provide peace of mind for what can be done.
Legal
problems, however, are often part of a much larger framework of an even greater
problem that clients are facing – relationship, marital, family, sickness, or
otherwise that can happen to anyone. As lawyers and certainly as law students,
we cannot solve those problems no matter how hard we try.
Lawyers as Fellow
Human Beings
The
fact that lawyers cannot solve all problems does not mean that we should turn a
blind eye to those issues, however. In fact, it is our duty and calling to
serve as counselors to our clients. With a lack of empathy and compassion, a
legal problem may be solved, but the root cause of the legal issue and client
dissatisfaction likely still endure.
To
me, the greatest accomplishment of the clinics in Cherokee was not simply
handing a client a completed packet of papers to be filed away. It was a
combination of tackling a legal issue that the clients wanted solved while
making them feel that their lives mattered, that someone cared about their
problem, and that they could leave with peace of mind that something was being
done. I enjoyed getting to know the clients, engaging in discussions about the
success of their children in college, sports teams, their jobs, and even their
faith. It was incredibly satisfying to have clients smile and laugh when they were
going through a tough time.
At
the end of the day, without all of the legal jargon, statutes, briefs,
arguments, and other technicalities of the law, as aspiring attorneys, we should
ultimately strive to simply be learners, problem-solvers, and fellow human
beings.
Posted by Rana J. Odeh on Fri. January 12, 2018 4:59 PM
Categories:
Winter Break Trip 2017