Law School Clinic Under Attack

The Chronicle of Higher Education, along with many media outlets, reported recently that an appeals court in New Jersey ruled that anEnvironmental Law Clinic at Rutgers University must comply with open records laws.  The ruling, which overturns the decision of a trial court, means that clinical programs (which generally view themselves as law firms that are based at law schools) at public law schools in New Jersey will have to turn over documents that normally would be considered privileged.  The law suit was brought by the developer of an outlet mall whose development plans were delayed by opposition from a community group that the clinic represented.  The developer seeks documents to prove that the community group received assistance from the owners of rival outlet malls. 

If this ruling stands, it could have a huge impact on the future of clinical programs, particularly those based at public universities.