UC Law’s Indigent Defense Clinic enters the courtroom

In December 2016, John Smith* was arrested for assault. Although he explained to the police that he was acting out of self-defense, he was still charged. During his arraignment, Smith plead not guilty so he could seek the assistance of a public defender. Eventually, University of Cincinnati College of Law student Nikita Srivastava (3L) was assigned to be his attorney.

Srivastava acquired her limited law license in the summer of 2018, and previously worked on a few cases through the college's Indigent Defense Clinic. While working under the supervision of Sean Vicente, an experienced public defender and training coordinator for the clinic, she acted as first chair in Smith's jury trial. Srivastava had already won a bench trial and negotiated several plea deals, but this was her first jury trial. 

The Indigent Defense Clinic allows third-year law students the unique, yearlong opportunity to learn the daily functions of a public defender in a courtroom. The clinic aims to provide excellent client-centered, legal representation for those accused of a crime in Hamilton County, Ohio. After obtaining their limited law licenses, students can work on misdemeanor cases in the county.

The Indigent Defense Clinic is an example of how UC is leading the way in the university’s commitment to urban impact, one of the pillars of UC’s strategic direction, Next Lives Here.

“Our goal is to represent our clients,” Vicente explains, “regardless if they are innocent or guilty.  Our duty is not to the court or society, but to the client.”  

The criminal justice system can feel “dehumanizing” for indigent people. Vicente teaches his student fellows to change that by making each person feel heard. Humanizing someone can be as simple as a handshake, or even listening to someone’s life story.

Students are given no more than five clients at a time. Once assigned, they work with their clients and “represent [indigent people] in all phases of the criminal prosecution,” says Vicente. 

To prepare for the three-day trial, Srivastava spent two months working with Vicente and her clinic classmates. Srivastava prepared everything for the trial including the jury selection process (voir dire), examinations, and delivering the closing argument.

After completing all the steps of a licensed attorney — months before graduating law school — Srivastava gained invaluable, real-world experience. Although the jury ultimately found Smith guilty, Srivastava said the experience did not discourage her.

“Hearing the guilty verdict was difficult,” she says, “but I want to be a public defender, a job which will inevitably come with losses. This experience has taught me to be more resilient, and become a stronger, more experienced lawyer. John Smith felt advocated for, which is what mattered the most to me.”

In addition to trial advocacy skills, Vicente notes that students who want to become a public defender must also “have a commitment to working for and on behalf of the marginalized.” Srivastava does this by going above and beyond for her clients. When they don’t have a ride to court — a major problem for the indigent — Srivastava will offer to drive them.

Although the jury found Smith guilty, Srivastava continues to work on his case by identifying appellate issues and working on his mitigation. She checks in on him periodically to remind Smith that she’s working hard on his sentencing argument.  

*Named changed due to client confidentiality.