News

Taylor Dempsey's case was a challenge. The client, an older man, had accrued dozens of offenses – maybe a hundred – over his lifetime, and Dempsey, a student in the Criminal Defense Clinic, was to handle two of them.  

The reason for his recidivism soon became apparent: the man was experiencing mental health problems, substance use disorder, and chronic homelessness, all of which led him to repeated encounters with law enforcement. 

Dempsey not only represented him in court but went even further, connecting him with professionals to treat his behavioral health, housing, and employment needs. Since then, he hasn’t had another charge.  

“When I called and told him he was connected to those services, he sobbed and told me I was his angel,” Dempsey recalled.

"The clinic taught me how to identify the economic, behavioral health, and systemic issues that push clients into the criminal legal system and then use my unique skills as a soon-to-be lawyer to address those. 

"It has shown me the pinnacle of public defense – what it can be when you have the time, the support, and the resources to throw everything against the wall for a client.” 

Duke Law’s Criminal Defense Clinic attracts a broad range of students interested in learning courtroom skills and client-centered representation. But whether they enroll with plans to become a criminal defense attorney, a prosecutor, or no intention of practicing in the field, they develop an affinity for the work and a deep loyalty to the clinic. 

“Our students form this identity of, ‘We are the Duke Law Criminal Defense Clinic’ no matter where they came to us from, or where they're going when they graduate,” Clinic Director Elana Fogel said. 

“Community is so much at the center of what we do. We foster a classroom community where a like-mindedness is expressed in how we treat our clients, how we present in court on their behalf, and how we represent the clinic in the court community and in the Durham community.” 

“Almost every student comments on how grateful they are to be part of a community of engaged, passionate defenders,” added Clinic Supervising Attorney Lauren Fine JD ’11.

“The passion for supporting each other as colleagues and members of a firm that we strive to create really shines through.” 

For Dempsey, the clinic has been an anchor at Duke Law and preparation to work at the New Jersey Office of the Public Defender after graduating this spring.  

“Clinics give you the opportunity to assume the role of a lawyer in a very serious way, and that’s been so instrumental in me figuring out what type of lawyer I want to be,” Dempsey said.  

“It feels very affirming to have done exactly what I wanted to do. And I've gotten more out of it than I would have expected.” 

A holistic approach to client representation  

As a partner of the Durham County Public Defender’s Office, the Criminal Defense Clinic provides court-appointed legal representation for indigent clients charged with misdemeanor and low-level felony offenses in Durham district court.  

Students use their training in course material and trial skills on a broad range of matters, from theft, assault, and domestic violence cases to miscellaneous charges like misuse of the 911 system and selling cigarettes to a minor.

Each student is involved in at least six cases over the semester, both as part of a three-person trial team and as lead counsel on their own cases. They frequently collaborate with other Duke Law clinics on issues facing clients, such as evictions and immigration processes.  

“We strive to be very client-centered and holistic in the way that we do our individual case work, and the students really lean into that and excel,” said Fogel, a former federal public defender who launched the clinic in spring 2023.  

“The enthusiasm and passion and dedication and brilliance that they bring to their cases has been really amazing to watch.” 

Ali Rosenblatt JD ’23 said she often thinks back to that training in her current job as a staff attorney at the New Hampshire Public Defender.  

“I think a lot about the way we were taught in the clinic to get background and do that groundwork to build the relationship with a client before diving right into a case and maybe the worst thing that has ever happened to them,” she said.  

“Things that I did in the clinic constantly come back throughout my year and a half working as a public defender. I think it's prepared me well for this career.” 

In the two years since it launched, the clinic boasts an impressive record of case outcomes. Beyond that, clients appreciate the empathetic approach its members bring to their work.

“The main thing I hear from clients is that their experience with the clinic is fundamentally different than prior experiences,” said Dempsey. “They feel listened to; they feel cared for. They feel supported and they feel like they're given the tools to be successful. And we fight, so they have a lot of confidence in us.” 

Students also work on special projects for partners like Duke Law’s Wilson Center for Science and Justice, interviewing people whose cases were dismissed on the broader impact the charges and court appearances had on their lives, such as disruptions to work, childcare, or housing, reputational damage in the community, and financial penalties. Those accounts will be included in a forthcoming report on dismissals, amplifying its impact by humanizing and contextualizing the data. 

“The system is designed to reduce our clients to their charge. Our job is to go beyond that and contextualize the circumstances of the case and our client's life, and use the law to fight for them,” Fogel said.  

“It all starts with acknowledging the humanity of your client and understanding that even if they're accused of or have done something that is illegal, they're still a person, a member of our community, and deserving of the best possible representation.” 

Whether or not students pursue careers in criminal representation, Fine and Fogel said the client relationships they develop give them a greater awareness of the privilege to be part of the legal community and a more empathetic perspective on the world. 

“Many of our students are going on to clerkships or to work in law firms, but they're going to take this new experience with them and the knowledge they're getting from it,” Fogel said.  

“That means more lawyers out in the world who care deeply about these issues after having worked in the courts alongside us. So that feels like a huge success to us.”