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By: Clare Smokowski ‘24
For my rising 3L summer, I returned to the Legal Aid Bureau of Buffalo, Attorneys for Children (AFC) Unit, representing students through the Education Advocacy Project. After loving my experience there last summer, I felt called to return to this much needed, often overlooked practice of Special Education law because it is my passion. I was so grateful to be invited back to a placement that both perfectly suits my interests and values my dedication to their work.
In my first round at Legal Aid, I got a “bird’s eye view” of the many matters that encompass Special Education law. I drafted language for students’ IEPs and BIPs, attended CSE meetings, wrote suspension appeals, requested IEEs, toured alternative schools, and conducted client intakes and interviews. In the last 10 weeks, I built upon this foundation while also reaching new heights in my career aspirations. My supervisors, Judy Gerber and Mindy Gullo, trusted me to undertake major responsibilities in representing two complex cases. One of those cases came to our office quite serendipitously.
Here is some context: At the midpoint of this internship, I spent a week in Austria for the IBA-VIAC International Mediation Competition hosted by the University of Vienna. With coaches Steve Sugarman and Judy Gerber (yes, the same one) and fellow law students Maura Graham and Victoria Heist, our team had the coveted honor of representing UB Law School and the United States of America at this international celebration of consensual dispute resolution. Everything I learned from this competition experience has expanded my legal problem-solving skills and made me a more effective, and compassionate, attorney-advocate.
The Monday I returned from Vienna; a prospective client approached the Education Advocacy Project asking us to represent her children in a special education mediation. I was thrilled at this opportunity to combine two of my favorite things- Special Education law and mediation! What is more, I was able to freshly apply all I learned from the competition. In preparation for the mediation, I conducted multiple client visits, analyzed documents, and synthesized the children’s interests into a comprehensive mediation agenda. I also attended the mediation, at Jamestown City Hall, and helped put our clients on a path towards a productive and positive discussion with the school district.
For me, this experience illuminated how well the Special Education practice fits into mediation because all students and school districts share one imperative interest- to respectively receive and provide a safe, quality education. That shared interest drives a legal process built on the philosophy that lawyers can sometimes achieve more for their clients through a collaborative approach, rather than an adversarial one. I have come to embrace this collaborative process, and I hope that the future of Special Education law follows suit.
This internship has, once again, reaffirmed my passion for Special Education advocacy. Thank you to the New York State Court of Appeals, The New York Bar Foundation, the New York State Bar Association, and UB Law School for the honor of being twice-named a Catalyst Public Service Fellow and the financial support that comes with the title. You have given me the gift of working at Legal Aid this summer, and I will carry these experiences into the next step of my law school journey as a Pro Bono Scholar!
Name: Clare Smokowski ‘24
Fellowship: Catalyst Public Service Fellowship
Placement: Legal Aid Bureau of Buffalo, Inc., Attorneys for Children Unit, Education Advocacy Project
Location: Buffalo, NY
One important lesson I have learned from this fellowship: For me, this experience illuminated how well the special education practice fits into mediation because all students and school districts share one imperative interest- to respectively receive and provide a safe, quality education.
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