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At the start of the Fall 2004 semester,
Professor Matthew Fraidin joined
Professor Joyce Stanley Batipps as
co-director of the HIV/AIDS Legal
Clinic. Professor Fraidin succeeded
Professor Natalie Wasserman, who
retired after seven years of excellent
teaching and service in the HIV/AIDS
community. Professors Batipps and
Fraidin welcomed twelve eager students to the clinic: Gracie Cook, Courtney
Duncil, Sorena Fallin, Zach Freeman,
Tiffani Johnson, Lance Lee, Rica
McKeveny, Klohver Tynes, Roger "Mark" White, Alton Williams, and an additional student. These students
provided legal representation for the
clinic’s clients who are infected or affected
by HIV/AIDS and are among the
District’s poorest citizens. Many of
these clients, unfortunately, live in a
world shrouded in secrecy, burdened by
the gravity of their illness, hiding any
evidence of their infection from loved
ones and not being able to discuss their
illness with friends or family. Students
learn early on about the nature of the
attorney/client relationship and of protecting
their clients’ confidences.
Much of the substantive law taught
in the clinic is in the area of family law,
Social Security disability law and in the drafting of advance directives such
as wills, living wills and durable
powers of attorney. The students
represented clients in Superior Court
on matters related to the transfer of
custody of children, divorce and domestic
violence. Students Courtney
Duncil, Sorena Fallin, Gracie Cook,
Alton Williams, Zachary Freeman,
Lance Lee, Rica McKeveny, and
Klohver Tynes all demonstrated
their budding litigation skills before
judges at the Superior Court. Lance
Lee and Zachary Freeman assisted
clients in petitioning the court for
standby guardians "to step into the
clients’ shoes" in the event the clients
could no longer care for their
minor children due to illness or
death, ensuring a seamless transition
of caregivers for the children during
what likely would be a tumultuous
time. Rica McKeveny represented
the kinship caregivers of a HIV-positive
young boy in securing his
legal custody. Now, the family is
able to make healthcare decisions
for the child and to provide for his
care in the absence of his mother
who is a substance abuser. Klohver
Tynes assisted a client in obtaining
an uncontested divorce from her
long estranged husband, allowing
the client to have closure and move
on with her life.
Further, many students represented
their clients on Social Security
disability claims, arguing both
in written briefs and in oral arguments
the merits of their clients’
claims before Social Security officials
and administrative law judges.
Again, Klohver Tynes was particularly
effective in her advocacy for
one of her clients who has AIDS.
The client came to the clinic after
having been denied twice by the Social
Security Administration on her
disability claim, despite the severity
of her illness. Mounting an impressive
argument with stunning oral advocacy,
Ms. Tynes fielded difficult
questions from the administrative
law judge and proved her client’s
case. The client, who has myriad
ailments associated with her HIV infection, now is afforded a bit of
comfort due to the modest benefits she
currently receives.
Students Mark White, Lance Lee,
and Tiffani Johnson all authored
strong advocacy briefs, supporting
their clients’ Social Security disability
claims. While we are still awaiting decisions
on some of these claims, Mark
White was thrilled to learn that one of
his clients recently prevailed and will
begin to receive long-awaited and needed benefits. Rica McKeveny and another student represented
clients who were charged by the Social
Security Administration with having
been overpaid thousands of dollars in
benefits. For a poor client to be told
that he or she must pay back thousands
of dollars of money already received
and spent, is frightening and
devastating. Quickly coming up to
speed on what is an extremely complicated
area of Social Security law, the
students asked on behalf of their clients
for waivers of these alleged overpayments,
citing applicable regulations which supported the clients not being at
fault. One student not only showed that
her client had not received excess benefit
payments, but upon the student’s investigation into the
matter, she revealed that the
client, in fact, had been underpaid
and the client subsequently
received several
thousand dollars in money
owed to her.
In assisting clients in
planning for their future, students
drafted various advance
directives for their clients.
Rica McKeveny quickly
aided an ailing client in putting her
healthcare wishes and directives in
written form and drafted the client’s
last will and testament. Further, Ms.
McKeveny memorialized the client’s
wishes with regard to her children’s future
caregiver. The client’s health improved
for a brief period, and she was
happy to reflect upon the fact that she
had been able "to get her house in order."
Unfortunately, she suffered
another acute illness but could
rest assured that she had a plan in
place for the care of her children.
Our students have made enormous
contributions to their clients’
lives and wellbeing and are
gaining legal skills and knowledge
that they will carry into
their professional lives. Moreover,
many have become aware
of and are sensitive to a population of
individuals with whom, but for their
experience in this clinic, they would
not have encountered. We believe the
students are better served as a result of
this exposure.
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