scholarly journals Models of Clinic and Their Value to Students, Universities and the Community in the post-2012 Fees Era

2014 ◽  
Vol 19 ◽  
pp. 257
Author(s):  
Lydia Bleasdale-Hill ◽  
Paul Wragg

<p>The number of clinics in existence within higher education institutions has continued to proliferate in recent years. The 2011 LawWorks1 report examining the pro bono work undertaken within Universities in the United Kingdom found that at least 61 per cent of all Law schools now offer pro bono activities to their students,2 with 40 respondents offering clinic. This compares with 53 per cent of respondents offering pro bono activity and 11 respondents offering clinical activities in 2006. This evidence suggests that an increasing number of Law Schools recognise the benefits of clinic to students. However, the arrival of a new era in higher education funding arguably requires some reflection on (and perhaps greater articulation of) those benefits and the priorities of clinic activity overall, in order to ensure that the expectations of the key clinic stakeholders (the hosting institution, student volunteers and participating members of the public) are met. Concerns that the significant reduction in state funding for higher education will impact adversely on institutional resources is well-documented and at an institutional level there is likely to be increased scrutiny of the efficiency of devoting scarce resources to clinic activity in a climate of lower (or potentially lower) income streams and leaner budgets. Similarly, some students are likelyto exhibit a heightened sense of wanting value for money in their expectations of clinical education and may well demand greater input in the design of clinic activity. Against this, there has been a general and significant reduction in funding for the provision of free legal advice and an associated increased demand amongst the general public for quality free legal advice and access to justice. Therefore, for new and established clinicians alike, the post-2012 era provides the opportunity for, if not necessitates, reflection on the expectations and ambitions of the three key clinic stakeholders (the host institution, the student volunteers and the general public) and, particularly, the question of whether they are sufficiently aligned with each other and the priorities of the clinic activity in place. Arguably, the possibility of conflicting priorities for clinic originating from these key stakeholders and methods of resolving them has featured little in the academic commentary. This paper seeks to contribute to such a debate by offering some insights into resolving these tensions. Taking the interests of each stakeholder in turn, this paper discusses methods of maximising the efficiency of administering the clinic and managing student expectations.</p>

2018 ◽  
Vol 25 (1) ◽  
pp. 35
Author(s):  
Jacqueline Weinberg

<p>Over the last 30 years alternative dispute resolution (ADR) has become more prominent in Australian legal practice due to the need to reduce the cost of access to justice and to provide more expedient and informal alternatives to litigation. As legal educators, we need to ask: how should we be preparing law students entering practice for these changes? How can we ensure that once they become lawyers, our students will not rely entirely on litigious methods to assist their clients but instead look at alternatives for dispute resolution?</p><p>In this paper, I argue that there is no alternative to teaching ADR in clinic in order to address client needs and to ensure that students engaged in clinical education are prepared for changes in legal practice today. I show that the increasing focus upon ADR in Australian legal practice represents a challenge for law schools, and that legal educators need to ensure they are educating students about ADR.</p><p>I argue that it is important to determine whether ADR is being taught to students undertaking clinical legal education in ways that will enhance their preparation for legal practice. I will show that there is a need to explore: whether ADR is being taught within clinical legal education, the strengths and weaknesses of existing approaches, and how the teaching of ADR within clinics can be improved.</p>


2019 ◽  
Vol 6 (1-2) ◽  
pp. 83-90
Author(s):  
Fatos Selita

Inaccessibility to justice is a major issue internationally, and in some countries access to justice has decreased in recent years. For example, the growth of inequality and decline of state support have left access to justice in the UK and the USA in a worst state in decades. There is therefore an urgent need to find solutions to protect peoples’ rights. This article outlines key issues of access to justice and identifies a number of solutions from grassroots efforts to organizational changes. The article highlights the importance of community-based solutions, such as mass pro bono contributions from individuals, law service providers and other organizations. It also proposes, as a key solution, making legal professions more representative of societies, and calls for law schools and legal regulators to take the required steps. Another important contributor to improved access to justice is promotion of pro bono work by all lawyers and law organizations at their own initiative. The article also discusses enhancing existing law degrees with additional topics on access to justice, to help students gain an objective picture of the realities of the legal system, and on individual differences, to benefit from latest interdisciplinary science. Community-based solutions provide stability even in times of difficult economic circumstances and political turbulence, and therefore are relevant to all societies.


2016 ◽  
Vol 23 (5) ◽  
pp. 80
Author(s):  
David Collins ◽  
Eric Klotz ◽  
Ben Robinson

<p>This article outlines a pro bono student law clinic project focusing on providing legal assistance to startup businesses in central London. Serving more than 500 clients over this period, the clinic adapted to a number of problems by modifying its format with an emphasis on flexibility and informality. Additionally, the clinic implemented a survey in order to streamline the delivery of its advice. Data was collected from over 460 startups over a two year period between 2013 and 2015 regarding the nature of their business as well as the type of legal challenges they faced.  The study revealed the primary need for basic legal advice on a few select matters including most notably company structure. In addition to collecting data on startups in London, the clinic project is presented as both a model for successful clinical education and example of how the university sector can act to boost innovation and the entrepreneurial economy.</p>


2018 ◽  
Vol 25 (2) ◽  
pp. 48
Author(s):  
Emma Jones ◽  
Francine Ryan ◽  
Hugh McFaul

The provision of pro bono activities for law students has become an established feature of the undergraduate legal education landscape in Law Schools in the United Kingdom (“UK”) and beyond, providing the experiential elements of clinical legal education programmes. Pro bono activities conducted online, or utilising and enhanced by technologies in other ways (for example, through the development of a mobile phone application providing legal guidance), are increasingly becoming a part of this offering, reflecting wider shifts within legal practice and society and an increasing recognition of the importance of digital literacy skills. This paper will situate these forms of online and technologically-enhanced pro bono activities both within the wider context of contemporary clinical legal education and also as a part of broader professional and societal shifts. It will explore a variety of innovative approaches being taken internationally, including work done by The Open University’s Open Justice Centre in the UK, before moving on to focus on a number of key challenges and opportunities which may arise through the increasing provision of these new forms of pro bono activities by Law Schools. These include the potential and pitfalls of the technology involved, issues with confidentiality (particularly in the context of online legal advice) and the issue of how to foster trust in the online environment. The paper will conclude with a number of suggestions for areas requiring further research and discussion to enable contemporary clinicians to fully utilise the potential of online and technologically-enhanced pro bono activities.


2021 ◽  
Vol 28 (1) ◽  
pp. 68-110
Author(s):  
Emma Marshall

This article focuses on the role of universities in establishing law clinics to assist individuals to make Exceptional Case Funding (ECF) applications. The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) removed many categories of civil matters from the scope of legal aid, reducing the number of people entitled to state-funded legal advice and assistance. To replace provision for the categories removed from scope, LASPO introduced ECF to provide a ‘safety net’ for cases where human rights would be breached if legal assistance was not available. To obtain legal aid through the ECF scheme, legal aid providers or individuals must apply to the Legal Aid Agency, the department of government within the Ministry of Justice that deals with the administration of legal aid. The article considers how analysis of ECF clinics can contribute to knowledge about the work of universities in facilitating access to justice through clinical legal education, particularly in the context of cuts to legal aid expenditure. It argues that ECF clinics present an opportunity to involve students while engaging — rather than replacing — the responsibility of the British state to provide legal aid.


2020 ◽  
pp. 417-441
Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley ◽  
Birju Kotecha

This chapter addresses the issues and arguments surrounding access to justice. The chapter considers the recent reforms and proposed changes to legal aid provision. There is an outline of the basic principles relating to public funding in both civil and criminal cases. Different methods of funding civil legal representation are discussed including CFAs and DBAs. Organisations involved in giving legal advice on a pro bono basis, including Citizens Advice Bureaux and law centres, are also included. in the discussion about the availability of legal advice. The chapter aims to stimulate thought about the idea of access to justice and whether such access is fair and open to all in England and Wales.


Author(s):  
Olena Orlova

Legal clinical education as an innovative form of legal education is studied in the article. The analysis of the influence of the legal clinic on the formation of the legal consciousness and culture of the future lawyer, his formation as a specialist is carried out. The process of modernization of legal education in Ukraine, where the emphasis is on the practical training of future lawyers, and where clinical education plays a crucial role is considered. It is substantiated that legal clinic is a necessary component in obtaining the profession of a lawyer; consolidation of theoretical knowledge and acquisition of practical skills by students, implementation of legal education activities, provision of free legal aid to people in need are grounded. It is proved that the presence of legal clinics within the structure of higher education institutions, their activities and importance for improving the practical training of future lawyers indicates the indisputability of the necessity to study and research legal clinical education. Emphasis is placed on the need to improve the system of future lawyers training. It is legal clinical education that is the best form of legal influence on a person, and is an integral part of the overall reform of higher education, which is being carried out today in Ukraine and aims to train lawyers with high level of competencies and legal awareness. Legal clinics allow students to be creatively realized, to reveal their intellectual potential; and are a link between the traditional educational process and future practical activities. Increase the number of legal clinics, separation of legal clinics into a separate structural unit with the staff in all higher education institutions, the introduction of teaching of a mandatory course in legal clinical education will contribute to the formation of a future lawyer. Legal clinic is a special kind of legal education (for the population) and an innovative form of legal education (for the applicants for law schools).


Author(s):  
Fernando José Martínez-López ◽  
Luis Germán Gutierrez-Torres

This article shows the process of design, development, and implementation of a platform created to form an environment for identification and timely characterization of knowledge, skills, and profiles of new students, through the treatment of data and information technologies, during the process of institutional admission exams in higher education. For its construction, work has been done through a methodology based on best software engineering practices, developing various modules that integrated achieve the functionality required to function as information management and analysis platform. The antecedents found allowed to determine that before the approach of this platform, there was only generalized software, adaptable with some difficulties, destined to the application of exams, distant from the raised vision of a platform for data exploration. This work aims to provide the host institution and all public and / or private higher education institutions with a tool that allows them to have bases for timely decision making and the taking of relevant actions that contribute to the proper training of professionals from its initial stages, through an early identification of skills and profiles of its applicants.


2014 ◽  
Vol 19 ◽  
pp. 383
Author(s):  
John Russell

<p>In October 2011, London South Bank University (‘LSBU’) opened a new Drop-In Legal Advice Clinic where law student volunteers – working under the supervision of practising solicitors – provide free, on-the-spot, face-to-face legal advice to the general public. Our aim was to establish a drop-in advice service which would deliver a tangible benefit to the local community, develop students’ practical knowledge of the law in context, and provide a basis for developing a teaching and learning resource for other higher education institutions. In February 2012, we were highlighted in the Million+ think tank’s report on innovative teaching in modern universities, ‘Teaching that Matters’, as involving students in a valuable community service while gaining real-world legal experience, developing transferable skills and enhancing their employability prospects. In April 2012, we won a £5,000 LSBU Vice-Chancellor’s Enterprising Staff Award for our demonstration of enterprise in enhancing the student experience and employability, providing a significant benefit for the local community, and demonstrating a wider significance to other higher education institutions nationwide. The Legal Advice Clinic is now key to the marketing strategy for the Law Department. This paper describes our new service in its first year of operation.</p>


2022 ◽  
pp. 280-308
Author(s):  
Chin Chin Sia

The right to legal advice is an essential entitlement and an imperative step toward effective enjoyment of other fundamental rights, especially to the communities which have limited access to legal opinions due to scarce financial means. Global communities are adversely affected, particularly in relation to employment, domestic violence, and financial hardships during this pandemic. This pro-bono virtual legal clinics project is instrumental in enhancing social impact by ensuring that communities continuously have better access to quality legal advice and information during the COVID-19 Movement Control Order through multiple social networking tools and meaningful collaborations with NGOs.


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