Kimberly E. O'Leary

I have expertise in elder law, clinical teaching, assessment of student learning, equity and remedies, and foreign study.

I practiced law in Indiana before becoming a law professor in 1988. My legal practice included working as an associate in a small law firm in rural southern Indiana, where I litigated constitutional and employment discrimination cases and served a general practice clientele.

I also worked as a legal services attorney with the Legal Services Organization of Indiana. In 1988, I joined the faculty of Indiana University at Indianapolis, supervising students in the Civil Practice Clinic.

In 1993, I became the Clinic Director at the University of Dayton School of Law, a position I held until 2000. I joined the faculty at WMU-Cooley Law School in 2000 to teach in the Sixty Plus, Inc., Elderlaw Clinic, and taught in it for 17 years, 10 years as Executive Director. I now teach Contracts, Property, Multicultural Lawyering, and Equity & Remedies. I also served as an on-site director for WMU-Cooley's "down under" Study Abroad program for several years.

I have served as the chair of the Association of American Law Schools Section on Clinical Legal Education (1999), on the executive committees of that section and the Poverty Law Section of the AALS, as the newsletter editor of the AALS Section on Clinical Education, on the Board of Editors of the Clinical Law Review and have served as Vice President of the Legal Aid Society of Dayton Board of Directors.

I have written in the field of multicultural lawyering, first-year law teaching, teaching online, elder law, attorney-client counseling, housing law, and clinical teaching. I have presented papers at the UCLA/University of London International Clinical Scholarship Conference and the New York Clinical Theory Workshop, and have presented research in New Zealand and Australia. I also was the co-organizer of the conference, Teaching Multicultural Lawyering, held at WMU-Cooley Law School in March 2021.

Articles (Law Reviews and Law Journals)

• Kimberly E. O’Leary, Jeanette Buttrey, Laura Dannebohm, Vickie Eggers, Joni Larson, & Mable Martin-Scott, Using a Case-Progression Approach To Mapping Learning Outcomes and Developing Assessments,  95 U. Det. Mercy L. Rev._ (2018). 
• Kimberly E. O’Leary & Marie Were, Cultivating Gardens and Cultivating Generations: Purposeful Living as Standard of Care for Elder Law Attorneys, 25 Elder L. J. 235 (2018). https://theelderlawjournal.com/cultivating-gardens-cultivating-generati…
• Tonya Krause Phelan, Joni Larson, Nelson P. Miller, Kim O'Leary, Derek Witte, & Vicki Eggers, Using a Faculty Inquiry Process to Examine Student Responsibility for Learning, 61 J. Legal Educ. 280 (2011).
• Kimberly E. O'Leary, Yes, Santa Claus, There Is a Virginia: How One Lawyer Realized a Life of Passion for Justice, Commitment to Community, and Empathy for Clients, 12 T.M. Cooley J. Prac. & Clinical L. 99 (2009).
• Kimberly E. O'Leary, Interviewing and Counseling in Context: New Approaches and New Ideas, 8 T.M Cooley J. Prac. & Clinical L. 1 (2005).
• Kimberly E. O'Leary, Teaching Interviewing and Counseling in the Criminal Defense Clinic: Following Up on the Criminal Defense Session Through a Roundtable Conversation, 8 T.M Cooley J. Prac. & Clinical L. 291 (2005).
• Kimberly E. O'Leary, Clinical Law Offices and Local Social Justice Strategies: Case Selection and Quality Assessment as an Integral Part of the Social Justice Agenda of Clinics, 11 Clinical L. Rev. 335 (2005).
• Kimberly E. O'Leary, Evaluating Clinical Teaching - Suggestions for Law Professors Who Have Never Used the Clinical Teaching Method, 29 N. Ky. L. Rev. 491 (2002).
• Kimberly E. O'Leary, When Context Matters: How to Choose an Appropriate Client Counseling Model, 4 T.M. Cooley J. Prac. & Clinical L. 103 (2001).
• Kimberly E. O'Leary, The Inadvisability of Applying Preclusion Doctrines to Forcible Entry and Detainer Actions, 30 U. Tol. L. Rev. 49 (1998).
• Kimberly E. O'Leary, Using 'Difference Analysis' to Teach Problem-Solving, 4 Clinical L. Rev. 65 (1997).
• Kimberly E. O'Leary, Dialogue, Perspective and Point of View as Lawyering Method: A New Approach to Anti-Crime Measures in Public Housing, 49 Wash. U. J. Urb. & Contemp. L. 133 (1996).
• Kimberly E. O'Leary, Creating Partnership: Using Feminist Techniques to Enhance the Attorney-Client Relationship, 16 Legal Stud. F. 207 (1993).

Books and Chapters in Books

• Improving Student Learning in the Doctrinal Law School Classroom: Skills & Assessment by Kimberly OLeary, Joni Larson and Jeanette Buttrey; Carolina Academic Press (2020).
• Multicultural Lawyering: Navigating the Cultures of the Law, the Lawyer, and the Client by Kimberly OLeary and Mable Martin-Scott; Carolina Academic Press (2021).
• “Flexing Your Muscles: Using Backwards Design to Create a Property Course that can be taught in Multiple Modes”, chapter in upcoming book Law Teaching Strategies for a New Era: Beyond the Physical Classroom, Tessa Dyhart and Tracy Norton, eds., Carolina Academic Press, (Forthcoming September, 2021). 
• Kim O'Leary, Nelson Miller, Tracey Brame, & Dale Iverson, "Cultural Competence as a Professional Skill," in Reflections of a Lawyer's Soul: The Institutional Experience of Professionalism at Thomas M. Cooley Law School, edited by Amy Timmer and Nelson Miller, 175-206 (William S. Hein 2008).

Short Works

• Kimberly E. O'Leary, Checklist, Capacity Checklist (Inst. of Continuing Legal Educ. (last visited August 7, 2018) http:www.icle.org.
• Kimberly E. O’Leary, How-To Kit: How to Handle a Capacity Issue That Arises During Representation, ICLE (Mar. 14, 2014).
• Kimberly E. O'Leary, How-To Kit: How-to Handle a Capacity Issue with a Prospective Client, ICLE (Oct. 3, 2013).
• Kimberly E. O’Leary, How-To Kit: How to Handle Potential Conflicts of Interest in Estate Planning for Couples, ICLE (Sept. 7, 2013).
• Kimberly E. O’Leary, How-To Kit: How to Represent Multiple Parties, ICLE (Aug. 5, 2013).
• Kimberly E. O'Leary, Clarence Darrow: American Iconoclast, America: The Nat’l Cath. Rev. (Nov. 21, 2011) (book review).
• Kimberly E. O'Leary, Elder Law: Anticipate Problems to Avoid Ethical Elder Law Dilemmas, 22 Mich. Law. Wkly., May 26, 2008, at 4.
• Kimberly E. O'Leary, Before the Next Attack:  Preserving Civil Liberties in an Age of Terrorism, America: The Nat’l Cath. Wkly. 29 (Sept. 11, 2006) (book review). 
• Kimberly E. O'Leary, Fred Baker's Vision, 7 T.M. Cooley J. Prac. & Clinical L. 81 (2004).
• Kimberly E. O'Leary, Reclaiming History: Pig Farmer's Daughter and Other Tales of American Justice, America: The Nat’l Cath. Wkly. 30 (Nov. 27, 1999) (book review).  

Presentations

• Kimberly E. O'Leary, Presented on panel, Development and Teaching the Course, at the conference, "Teaching Multicultural Lawyering: Development, Integration and Conversation", WMU-Cooley Law School, (March, 2021).
• Kimberly E. O’Leary, Presentation, Creativity, Culture, and Ethics in Elder Law: A View from the US, (Melbourne, Australia, February, 2018).
• Kimberly E. O'Leary , Presentation, Independence Planning, Kirikiriroa Marae, with Marie Were and Leone Farquhar, (Hamilton, New Zealand, January, 2018).
• Kimberly E. O’Leary, Presentation, Ethical Issues in the Representation of Elders, with The Honorable Judge Patricia Banks, Christine Anderson, Rebecca Morgan, & Stu ZimringJuly 11, 2017,  (American Bar Association Center for Professional Responsibility Webinar, July, 2017.
• Kimberly E. O’Leary, Presentation, Hot Topics in U.S. Elder Law, (AMINZ/RI/University of Waikato Law Faculty Elder Law Roundtable, Hamilton, New Zealand, February, 2017.
• Kimberly E. O’Leary, Presentation, Three’s a Crowd:  Ethical Issues for Representing Clients with Legal Representatives, with Mary Helen McNeal, Alison Hirschel, & Nina Kohn, (National Aging and Law Conference, Alexandria, VA, October, 2016).
• Kimberly E. O’Leary, Presentation, Three’s a Crowd:  Ethical Issues for Representing Clients with Legal Representatives, with Alison Hirschel (Michigan Poverty Law Program Roadshow, Okemos, MI, October, 2016).
• Kimberly E. O’Leary, Presentation, Mapping the Learning Outcomes to the Law School Curriculum, with Joni Larson & Mable Martin-Scott, (Southern Clinical Law Conference, Charlotte, NC., October, 2016).
• Kimberly E. O’Leary, Presentation, The Attorney’s Response to Elder Financial Abuse in an Environment of Zero Tolerance, with Mary Helen McNeal & Alison Hirschel (National Aging and Law Conference, Alexandria, VA,  October, 2015).
• Kimberly E. O'Leary, Presentation (with Professor Pat Mock), Interactive Ethics when working with Pro Bono and Public Interest Legal Advocates, (Equal Justice Conference, Portland, OR, May 2014).
• Kimberly E. O'Leary, Webinar, Topics include, Determining Competency with a New Client, Determining Competency that Arises During Representation, Ensuring Confidentiality in an Elderlaw Practice, Representing Couples and Representing Multiple Parties (not Class Actions) (Center for Elder Rights Advocacy, November, 2013, December, 2013, and January, 2014).
• Kimberly E. O'Leary, Presentation, Ethical Issues in Communicating with Non-Clients (NAELA/NALI Conference, Washington, DC, November 2013).
• Kimberly E. O'Leary, Presentation, Elder Law and Ethics (MPLP Roadshow, Okemos, MI, October, 2013).
• Kimberly E. O'Leary, Presentation, Interactive Ethics (ABA/NLADA Equal Justice Conference, St. Louis, MO, May 2013).
• Kimberly E. O'Leary, Small group leader (Elder Law, AALS Conference on Clinical Legal Education, San Juan, Puerto Rico, May 2013).
• Kimberly E. O'Leary, Small group leader (Elder Law, AALS Conference on Clinical Legal Education, Chicago, IL, April 2013).
• Kimberly E. O'Leary (with Mary Helen McNeal, Syracuse Law), Remarks, Ethical Issues Surrounding Family Participation in Multi-Generational Planning: Pitfalls and Promises (Alexandria, Va., National Aging and the Law Conference, December 2011).
• Kimberly E. O'Leary, Remarks, Using Outcomes Measures and Rubrics to Enhance Professional Learning in an In-House Clinic (Denver, Colo., Legal Education Crossroads Assessment Conference, September 2009).
• Kimberly E. O'Leary, Remarks, The Joy of Evaluation: Creative Methods to Improve Clinical Program Evaluation (Tucson, Ariz., AALS Conference on Clinical Legal Education, May 2008).
• Kimberly E. O'Leary, Remarks, Essential Topics in Teaching Interviewing and Counseling, (UCLA/BYU Conference on the Pedagogy of Interviewing and Counseling, October 2006).
• Kimberly E. O'Leary, Remarks, Promoting Social and Economic Justice through Clinical Teaching (Midwest Clinical Conference, October 2005).
• Kimberly E. O'Leary, Remarks, Interviewing and Counseling in Context (Sections on Clinical Legal Education and Elder Law, AALS Annual Meeting, January 2005).
• Kimberly E. O'Leary, Remarks, The Evolution of Lawyering for Social Justice: Synergies and Transitions (AALS Workshop on Clinical Legal Education, May 2004).
• Kimberly E. O'Leary, Remarks, Diversity and Inclusion: Handling Challenges in Learning, Teaching and Working (Joint Program of Sections on Indian Nations and Indigenous People, Minority Groups, Sexual Orientation and Gender Identity, and Women in Legal Education, January 2003).
• Kimberly E. O'Leary, Remarks, Use of Video in Clinical Teaching (Pittsburgh, Pa., AALS Clinical Teachers Conference, May 2002).
• Kimberly E. O'Leary, Remarks, The Problem Students: Causes and Cures, (New Orleans, La., AALS Annual Meeting, January 5, 2002).
• Kimberly E. O'Leary, Remarks, When Context Matters: How to Choose the Appropriate Client Counseling Model, (New York Clinical Theory Workshop, New York Law School, February 25, 2000).
• Kimberly E. O'Leary, Assistant Facilitator (Northeast Ohio Regional Planning Group for Delivery of Indigent Legal Services, January 28-29, 2000).
• Kimberly E. O'Leary, Facilitated Opening and Closing Sessions, Current Challenges in Clinical Education (Madison, Wis., Midwest Clinical Teacher's Conference, November 5-6, 1999).
• Kimberly E. O'Leary, Small Group Leader (AALS Clinical Teacher's Workshop, May 1999).
• Kimberly E. O'Leary, Remarks for All-day Presentation, Assuring Justice in a Pluralistic Society (Ohio Judicial College, Judicial Practice Seminar, April 1999).
• Kimberly E. O'Leary (with Andrea Seielstad and Kathy Hessler), Remarks, Teaching in Different Contexts: Case Management (Midwest Clinical Law Conference, October 1998).
• Kimberly E. O'Leary, Remarks, Web Research for Legal Services Lawyers (Dayton, Oh., Legal Aid Society, May 1998).
• Kimberly E. O'Leary, Remarks, Valuing and Evaluating Lawyer and Student Competence (AALS National Clinical Teaching Conference, May 1998).
• Kimberly E. O'Leary, Organized and Led Workshop as Member of President's Taskforce on Diversity at UD, Experiences of Diversity at UD (December 1997 through present), [workshop participants have included: Faculty Development Day participants, President's Council, Provost's Council].
• Kimberly E. O'Leary, Panel Remarks, Diversity Analysis as a Method for Teaching Problem-Solving (UCLA/University of London International Clinical Scholarship Conference, October 1997).
• Kimberly E. O'Leary, Small Group Leader (Midwest Clinical Teacher's Conference, Fall 1997).
• Kimberly E. O'Leary, Organized and Moderated Panel, Evaluating Competence of Lawyering in Clinics (AALS National Director's Conference, May 1997).
• Kimberly E. O'Leary, Panel Remarks, Use of Video in Clinical Courses (Midwest Clinical Teacher's Conference, Fall 1996).
• Kimberly E. O'Leary, Panel Remarks, War on Poverty (National AALS Annual Meeting, Poverty Law Section, January 1996).
• Kimberly E. O'Leary, Panel Remarks, Japanese-American Internment during World War II. (Fall 1995 & Winter 1996). Along with Professor Randall and sociologist, Mace Ishida, participated in a team instructing area elementary and high school teachers about internment of Japanese-American during WWII. Developed materials to help teachers present on the subject, in conjunction with traveling Smithsonian exhibit "A More Perfect Union." Participation involved six workshops and one panel presentation.
• Kimberly E. O'Leary, Small Group Leader (AALS Clinic Section Director's Meeting and AALS Clinic Section National Conference, May 1995).
• Kimberly E. O'Leary, Panel Remarks, Feminist Perspectives on Consistent Life Ethic (UD Campus Ministry, April 1995).
• Kimberly E. O'Leary, Commenter (AALS Annual Meeting, Joint Session of Clinic and PR sections, January 1995).
• Kimberly E. O'Leary, Panel Remarks, Incorporating Feminist Perspectives into Scholarship (UD Faculty Development Day, December 1994).
• Kimberly E. O'Leary, Panel Remarks, Women's Issues in Clinical Teaching (Midwest Clinical Conference, October 1993).