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 Russell Engler

Russell Engler

Professor of Law and Director of Clinical Programs

(617) 422-7380

B.A. Yale University
J.D. Harvard Law School

Professor Engler directs the law school's clinical programs. He teaches the Public Interest Law Seminar and Clinic and The Lawyering Process and co-teaches clinical component courses. He writes about ethical issues, the delivery of legal services to the poor, Civil Gideon, and legal education. He directs the Public Service Project of the law school's Center for Law and Social Responsibility. Before joining the New England Law faculty in 1993, he was the director of the Housing Law Unit at Brooklyn (New York) Legal Services. He clerked for the Hon. Francis D. Murnaghan, Jr., of the U.S. Court of Appeals for the Fourth Circuit. During the 1999-2000 academic year, he was a lecturer on law at Harvard Law School. He was the 2004 chair of the Association of American Law Schools Standing Committee on Clinical Legal Education. Professor Engler serves on the Massachusetts Access to Justice Commission and is a member of the Steering Committee for the National Coalition for a Civil Right to Counsel. In 2013 he was appointed to a new Boston Bar Association Statewide Task Force on Civil Legal Aid in Massachusetts. See recent papers on his SSRN page.

 Selected Publications

Limited Representation and Ethical Challenges, in Beyond Elite Law: Access to Civil Justice in America (2016) Estreicher & Radice, Eds.

When Does Representation Matter?, in Beyond Elite Law: Access to Civil Justice in America (2016) Estreicher and Radice, Eds.

Turner v. Rogers and the Essential Role of the Courts in Delivering Access to Justice, 7 Harv. Law & Pol'y Rev. 31 (2013)

Examining the Civil Right to Counsel on the 50th Anniversary of Gideon v. Wainwright, in Boston Bar Association conference (2013) video excerpt available here.

Opportunities and Challenges: Non-Lawyer Forms of Assistance In Providing Access to Justice for Middle-Income Earners, in Middle Income Access to Justice (2012) (Michael J. Trebilcock, Anthony J. Duggan and Lorne Mitchell Sossin eds.)

A Law School Guide to Designing Experiential Courses Involving Real Lawyering, 56 NYU L. Rev. 517 (2012) (with Deborah Maranville, Mary A. Lynch, Susan L. Kay & Phyllis Goldfarb)

The Toughest Nut: Handling Cases Pitting Unrepresented Litigants Against Represented Ones, 62 Nat'l Couns. Juv. & Fam. Ct. Judges J. 10 (2011)

When Must Counsel Be Appointed, and When Might Access to Justice Mean Less Assistance?, 9 Seattle J. for Soc. Just. 97 (2011)

Integrating Public Service Legal Work Into Nonclinical Courses, in Techniques for Teaching Law 2 (2011) (Friedland, Hess, Schwartz, and Sparrow eds.) (reprinted article)

Reflections on a Civil Right to Counsel and Drawing Lines: When Must Counsel Be Appointed, and When Might Access to Justice Mean Less Assistance?, 9 Seattle J. for Soc. Just. 97 (2011)
Adobe Acrobat Portable Document Format

Connecting Self-Representation to Civil Gideon: What Existing Data Reveal About When Counsel is Most Needed, 37 Fordham Urb. L.J. (2010)

The Twin Imperatives of Providing Access to Justice and Establishing a Civil Gideon, 93 Mass. L. Rev. 214 (2010)

Pursuing Access to Justice and Civil Right to Counsel in a Time of Economic Crisis, 15 Roger Williams U. L. Rev. 472 (2010)

Approaching Ethical Issues Involving Unrepresented Litigants, 43 Clearinghouse Rev. 377 (November-December 2009)

Shaping a Context-Based Civil Gideon from the Dynamics of Social Change, in Right to Counsel – Constitutional Perspectives (Edited by Rajitha Tadikonda, 2008)

Ethics in Transition: Unrepresented Litigants and the Changing Judical Role, 22 Notre Dame J.L. Ethics & Pub. Pol'y 367 (2008)

Shaping a Context-Based Civil Gideon from the Dynamics of Social Change , 15 Temp. Pol. & Civ. Rts. L. Rev. 697 ( 2006)
Social Science Research Network

Towards a Context-Based Civil Gideon Through Access to Justice Initiatives , 40 Clearinghouse Rev. 196 ( 2006)
Social Science Research Network

From the Margins to the Core: Integrating Public Service Legal Work into the Mainstream of Legal Education , 40 New Eng. L. Rev. 479 ( 2006)
Social Science Research Network

Revising the Role of the Court-Connected Mediator To Achieve Fairness for Unrepresented Litigants 11 NE-ACR Newsletter, (Winter 2005)

The Legal Community's Response to 9/11: Normalcy After 9/11: Public Service as the Crisis Fades , 31 Fordham Urb. L.J. 983 ( 2004)
Social Science Research Network

From 10 to 20: A Guide to Utilizing the MacCrate Report Over the Next Decade , 23 Pace L. Rev. 519 ( 2003)

What Counts As Pro Bono/Public Service? One View, The AALS Pro Bono and Public Service Section Newsletter, Vol. 2, No.3 (2002).

The MacCrate Report Turns 10: Assessing its Impact and Identifying Gaps we Should Seek to Narrow , 8 Clinical L. Rev. 109 ( 2002)
Social Science Research Network

Integrating Public Service into Non-clinical Courses, The Law Teacher 13 (Fall, 2001).

And Justice for All--Including the Unrepresented Poor: Revisiting the Roles of the Judges, Mediators and Clerks , 67 Fordham L. Rev. 1987 ( 1999)
Social Science Research Network

Out of Sight and Out of Line: The Need for Regulation of Lawyers' Negotiations with Unrepresented Poor Persons , 85 Cal. L. Rev. 79 ( 1997)
Social Science Research Network

Professor Engler can comment on the following subjects:

  • Clinical Education
  • Clinics, Legal
  • Ethics, Legal
  • Lawyering Skills
  • Legal Clinics
  • Legal Education, Skills Training
  • Legal Education, Teaching Methods
  • Legal Education, Values In
  • Legal Ethics
  • Legal Services for the Poor
  • Mediation
  • Poverty Law
  • Pro Bono Legal Services
  • Pro Se Litigants
  • Professional Responsibility (Lawyers)
  • Public Interest Law
  • Unrepresented Litigants