Lawyers and law school clinics have become myopic in their approach to civil domestic violence lawyering. This article argues that domestic violence lawyering should expand beyond its current focus on family law to move domestic violence law and practice forward. Drawing on theoretical frameworks from criminal law and feminist legal theory, this article proposes a lawyering model that expands individual representation across a wide spectrum of case types while also challenging systems that enable battering or do not support victims in their efforts to secure safety.
Holistic representation in family law, public benefits, immigration, housing, mortgage foreclosure, tort, and financial matters, among other substantive areas, better serves domestic violence victims and reveals systemic problems facing victims. By taking a dual approach – broad holistic representation of individual victims combined with law reform efforts directed at systemic issues revealed through broad direct representation – lawyers and law school clinics can move domestic violence advocacy forward.
About the author, from the University of NM School of Law website, here:
Camille Carey joined the UNM law faculty in the 2009-2010 school year. Prior to coming to UNM, she was a clinical lecturer and Robert M. Cover Teaching Fellow at Yale Law School, where she established and taught the Domestic Violence Clinic, which focused on serving immigrant and low-income women.
Carey worked for six years at the Legal Aid Society of New York in the civil division. At Legal Aid, she developed a project that provided comprehensive civil legal assistance to immigrant victims of domestic violence in immigration, family law, public benefits and housing cases. She also worked on MKB v. Eggleston, a federal class action lawsuit, which successfully challenged the City and the State of New York’s failure to provide public benefits to eligible immigrants.
Carey’s research and teaching interests include immigration, immigrant rights, family law, domestic violence, feminist legal theory and torts. At the UNM School of Law, she teaches the Community Lawyering Clinic, Torts and the Law Practice Clinic.