Students Press Cases in U.S. Appeals Courts
Kevin Demko is a cheerful, soft-spoken, even-tempered 3L who likes nothing better than a good argument.
Through the law schools Appellate Litigation Clinic, Demko got a chance to indulge that passion by arguing a case in the U.S. Court of Appeals for the First Circuit in Boston, Mass.
On Oct. 7, Demko faced a panel of appellate judges to argue on behalf of a clinic client, a homeowner who sued a mortgage finance company that barraged him with foreclosure notices, even after a New Hampshire court ordered the firm to stop.
The beleaguered homeowner was entitled to seek damages, Demko argued, even though he had won an initial lawsuit that enabled him to keep his house. A federal district court had dismissed a second lawsuit that sought damages from the firm, which Demko said failed to correct the homeowner's credit report and persisted in scheduling sheriffs sales.
While the district court ruled that the homeowners first lawsuit barred him from bringing a second claim for damages, Demko argued that this case raised separate issues.
"It was a thrilling experience to be put to the ultimate test by some of the nations cream-of-the-crop legal judicial minds," said the Bethlehem, Pa. native, who is still awaiting the courts ruling.
"Demko was extremely well prepared for the judges questions and served as an able advocate for his client," said Associate Professor Richard Frankel, who leads the schools Appellate Litigation Clinic.
While Demkos appearance marked the first time a student from the law school took part in oral arguments in a federal appeals court, his classmates are currently handling a half-dozen other cases that could lead to future court appearances.
The clinic gives students opportunities to represent clients who cannot afford to hire attorneys but deserve capable advocacy as well as their day in court.
Blair Thompson, a 3L, is working on the case of a hospital worker whose employment discrimination claim was dismissed because it implied without explicitly stating that she faced bias because of her disability.
"How can we expect people who cant afford a lawyer to know these things," Thompson asked. "It seems terribly unfair."
Thompson was poised to argue the matter in court on Oct. 6, until the U.S. Court of Appeals for the Third Circuit decided to rule based on the briefs that had been filed.
Frankel and other members of the faculty mooted both Thompson and Demko to groom them for oral arguments.
"My phrasing and timing got better, and I learned how to anticipate interruptions," Demko said, voicing gratitude for the facultys help.
Demko also credited alums Haley Conard, Lauren Grady Murphy and Osayi Osar-Emokpae, who he said contributed critical work on the case before they graduated in May.
"They did all the real spade work, distilling all the things from the record," Demko said. "I got to do the fun, 'glamorous' part in oral arguments, but I could not have done this without all their hard work."
Clinic clients have raved about the quality of advocacy the students provide.
"You have all helped to restore my faith in the legal system," client Michael Dillon wrote in an email to Frankel and the students. "My own case has been absolutely hellish to watch unfold, at times, over the years despite what seemed like early 'victories'. Had each of my previous counsel actually listened to my arguments, and the reasons therefore, as I now watch the various legal battles unfold in the mortgage industry I am more and more firmly convinced that this case would have ended years ago in my favor."