Legal Clinics

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Legal Clinics The Idea, Organization and Methodology

 

The continuing changes to the economic, social and political systems bring about the need to adapt to them both the Orenian legal system and the system of teaching law. It is the aspirants – the students of today, whose knowledge, social and professional status are being shaped by the present educational system – who will determine the direction in which this "new world" goes. For this reason it is necessary not only to continue discussing the shape of that system but also to undertake real actions to adapt to the new reality. 

   

State Prosecutors exchanging ideas, Helena circa 1780

 

Legal professions are professions of social trust – which, in epitome, means that prosecutors are given extensive powers which are however accompanied by equally great expectations. Before their professional and personal experience instills a sense of equilibrium between the power and the duties, they need to receive their first instruction in this respect during the time of their studies. The hitherto law studies have been clearly academic in character, and it remains certain that vocational education sensu stricto is not the aim of the university. It’s role is to convey to aspirants theoretical knowledge that would constitute a sound foundation for further studies – more specialized and better fitted to the requirements of the future profession. 

The distinction between academic studies and "professional" studies should be of completing nature to each other with respect to both. The pace of life demands a reflection and perhaps an attempt to find a compromise between the hitherto traditional theoretical legal education system and the teaching of the legal profession. It is clear to me that the broader theoretical university education should not be abandoned. The university must give prosecutors the foundation for their future professional activity. Nevertheless, it would seem advisable to give willing aspirants the opportunity to come in direct contact with the profession as early as during the course of their studies. 

 

In the Common language, the word "clinic" is associated with the process of healing of human beings, i.e. the practical application of the medical science. Legal clinics are nothing more than the practical application of the legal science. Albeit in the course of vocational studies. 

 

The aspirants’ enthusiasm to be a part of this demanding program is the best testament to the need for its existence. Legal clinics do not assume to teach law in the traditional sense (this is attained through the teaching of individual university subjects), they teach procedures intended to give the students a demonstration of how, with the possession of sufficient knowledge, they can practice the legal profession. Thus, basing on the knowledge already at hand. One of the greatest advantages of legal clinics is that they demonstrate to students the meaning of responsibility for one's own words, i.e. for the legal advice given. They don’t consist of made up legal case studies of Mr. X finding himself in situation Y, but a living person of a distinct economic and social status who confides to the student their real problems, and whose fate may be influenced by the aspirant's advice. Thus the aspirant takes responsibility for the vital matter of another person. Now, it is not a grade that the aspirant risks but their clear conscience and the feeling of responsibility for someone's fate. It is one of the objectives of clinical education to teach aspirants to be fair, so to speak, to the knowledge they acquired and to their conscience. There is yet another argument which speaks for the introduction of the teaching of legal advising. Often an aspirant's vision of the legal profession stems from a better or worse a book, stories or plays and they base their vision of themselves in grandiose courts in majestic black court robes on such impressions. It is only during the legal apprenticeship that they realize what it actually means, and only then does the realization dawn on them that things were supposed to be different. It is the contact with a client, at times a troublesome, poor, helpless, wronged client, whose ill fate makes them unfair in their judgments, makes the future prosecutor realize what it really means to be a worker in the field of law. It is through contacts with clients that aspirants realize what their talents are and what prospects for a professional career they have. Often the experience of legal clinics helps the aspirants realize what it is that they would like to do, and how emotionally resistant they are, thus possibly saving them unnecessary disappointments in the future.

 

One final purpose we would hope to serve by introducing legal clinics into the legal system is to show future prosecutors the amount of satisfaction that can be drawn from unselfish assistance lent to people in need. Legal clinics are not just the learning of a profession or the application of law. They are also a school of life, at times miserable and brutal, with a face so much different from that of a wealthy, well-educated and cultivated client stepping into an elegant law firm office. The satisfaction derived from offering help, hope or just an expression of interest, are often more valuable than any financial remuneration. I am sure that letters from clients containing touching expressions of gratefulness and recognition to aspirants for their efforts in attending to a client's case will constitute a great value to the young people at the onset of their legal career. A value that may influence all of their future professional life. 

 

Independently of efforts to raise a society's legal awareness at a time when law is omnipresent, complex and in constant evolution, availability of professional legal assistance is often a prerequisite for the exercising of civil rights. 

 

 

The best interest of the society would also seem to require cooperation between clinics and the coordination of their works by the Legal Clinics. Such cooperation would mean that detailed statistics prepared by each clinic could be collected and compiled to assist in determining the scale of social demand for legal services and the spheres of life where the greatest deficiencies occur. Such information could be instrumental in the undertaking of necessary reforms by appropriate institutions This cooperation may also result in the clinics' creating a number of citizen informational materials concerning legal matters.

 

Yet another socially significant aspect of legal clinics work is the formation of attitudes of aspirants – future state prosecutors. Delivering legal assistance to the indigent develops the aspirants' compassion for social needs, allows them to learn the often dramatic personal and legal problems of citizens, to come in contact with injustice or the heartlessness of procedures and institutions. This kind of experience may and often does result in an attitude of openness to social needs after completion of the educational process. Regardless of the choice of professional career made by the legal clinics' aspirants – whether within legal corporations or state institutions – their awakened sensitivity and compassion for the hardship of socially marginalized groups will "civilize" the law and its practice. 

In Summary

 

“The Legal Clinic”, as a definition, is to teach law aspirants how they can use their abstract and theoretical information while solving juridical disputes. It is the reason for the emergence of legal clinics that law aspirants must get in touch with practical law comprised of activities of courts and disputes among people.

 

The Organisation and Structure

 

• The Legal Clinics are aimed at Lawclerks, who will be given work and practical experience.

• Lawclerks shall be working as paralegals and apprentices to State Prosecutors. Assisting in aspects that shall be determined by the senior workers in the field of law.

• The teaching staff shall consist of registered State Prosecutors as well as senior ranks working at the Ministry of Justice who shall act as connoisseurs to the so called apprentices.

• The Legal Clinics shall not be made into a separate organisation from the Ministry of Justice but to act as an institutionalized structure in the Lawclerk or apprenticeship phase of aspirants who wish to become workers in the field of law.

• The registered State Prosecutors and those of senior rank shall oversee Lawclerks in their apprenticeship term. Leading them on a path to becoming able-minded Prosecutors.

• Lectures and general classes shall be held regularly in the theory, philosophy and history of law. This will aim at enriching the theoretical aspect of the apprentices which in turn would constitute for a sound foundation for further development as well as providing a building block for them to form their own ideas.

• The Legal Clinics shall be made up of volunteers within the Ministry of Justice. Those such as State Prosecutors who do not wish to take on the duties of instructing are not obligated to do so.

The Right Honourable, the Attorney-General Athelstan Valjron

For those who are interested in getting in touch with the Ministry of Justice you may contact #Barboosa9514 on Discord.