ro[ect C||n|ca| Lega| Lducat|on

Sub[ect Lega| research

lN0EX


A.)ltTR00uCTl0t
.)ASlC FFATuRFS 0F ClltlCAl lF6Al
F0uCATl0t
C.)HFAtlt6 0F ClltlC lF6Al F0uCATl0t
0.)FtFFlTS 0F ClltlCAl lF6Al
F0uCATl0t
F.)PR0lFHS
F.) HlST0RY 0F ClltlCAl lF6Al F0uCATl0t
lt lt0lA
6.)CFtTRF F0R ClltlCAl lF6Al
F0uCATl0t
H.)lF6Al ClltlCS
l.) PFRSPFCTlvF 0F ClltlCAl lF6Al
F0uCATl0t


CLNCAL LEGAL
EDUCATON



, |s rol , orood|rg orr|preserce |r lre s|y, oul , l|ex|o|e |rslrurerl
ol soc|,| order. , |rl|uerces every rur,r ,cl|v|ly |r , c|v|||zed soc|ely. A|rosl
,|| lre r,l|ors ,re lo g|ve |rporl,rce or v,|ue o,sed pr,gr,l|c |eg,| educ,l|or
r|cr ou|d ersure ,rd losler ecoror|c deve|oprerl ,rd lo prov|de soc|,|
jusl|ce lo lre peop|e. Tre |eg,| lr,lerr|ly ol our g|ooe |s lo rev,rp lre|r
relrodo|ogy ,rd curr|cu|ur lo r,|e lre|r |eg,| educ,l|or rur,r|sl|c, roderr,
corlerpor,ry ,rd soc|,||y re|ev,rl. lr lre er, ol sc|erce ,rd lecrro|ogy, |, |s
oe|rg slud|ed ,s , or,rcr ol sc|erce. ll |s lo oe lesled lrrougr , relrod oy
r|cr |l |s e|lrer proved or d|sproved.


Fror lre d,r ol rur,r c|v|||z,l|or lre des|re ol lre soc|ely |s pe,ce
,rd prosper|ly. A corsl,rl ellorl |s oe|rg l,|er lo crec| lre orul,| exp|o|l,l|or ol
r,r oy r,r ,rd ,|so lo |rprove lre|r cord|l|or. Tre preserl |eg,| educ,l|ors |r
rosl ol lre courlr|es ,re o,sed or eslerr lreor|es ol r|grl ,rd jusl|ce. Trese
courlr|es ,re lo r,|rl,|r lre sc|erl|l|c lerper, lo prolecl ,rd preserve lre|r
cu|lure, rer|l,ge, cuslor ,rd r|slor|c,| cord|l|ors. Tre o,s|c pr||osopr|es ,rd
|deo|og|es lor cre,l|or ,rd r,|rler,rce ol jusl soc|ely ,re lo deve|op lre|r |eg,|
sc|erce lor jusl|ce ,rd l,|r p|,y. Tre roderr |eg,| educ,l|or reed lo oe
rur,r|sl|c so ,s lo err,rce ,rd err|cr rur,r sers|o|||ly. A pr,gr,l|c v,|ue
or|erled |eg,| educ,l|or |s lo lr,|r lre|r |, sluderls lo deve|op lre|r s|||| ,rd
corpelerce. Trese sluderls ,re lo |derl|ly lre soc|,| proo|ers ,rd l|rd oul
so|ul|or lo er,d|c,le corrupl|or, |rjusl|ce, repol|sr ,rd poverly lror lre g|oo,|
soc|ely.

The theoretical methods have been adopted in the Iield oI legal
education. In the modern society it is to be viewed Irom the social
prospective. Most oI the law scroo|s ol lre or|d ere lo||o|rg 8r|l|sr
p,llerr ol |eg,| educ,l|or. 0ur|rg lre |,sl qu,rler ol r|releerlr cerlury ,
cr,rged relrodo|ogy ,s |rlroduced oy l,rv,rd , 3croo|. Tre |e,d|rg
exporerl ,s Crr|sloprer ,rgde||. Tre lr,d|l|or,| |eg,| educ,l|or ,s
corl|red lo c|,ss roor le,cr|rg |lr lre ,|d ol lexl ooo|s, jourr,|s, per|od|c,|s
,rd reporled c,ses. No |rporl,rce |s g|ver lo groor lre sluderls lor lre reed
ol |eg,| proless|or. Tr|s relrod ol sludy |s rore lreorel|c,| r,lrer lr,r
pr,cl|c,|. Tre ,ge o|d pr,cl|ce ol lreorel|c,| sludy o,s|rg or ror-c||r|c,| ,rd
p,r,-c||r|c,| relrods |r lre l|e|d ol |eg,| educ,l|or |s rol corp|ele, |l lre |,
sluderls ,re rol |rp,rled lr,|r|rg |r c||r|c,| |eg,| educ,l|or.

Tre c||r|c,| relrod ol le,cr|rg |s oe|rg |rp,rled |r lre l|e|d ol red|c,|
educ,l|or. A sluderl |s oe|rg lr,|red lo ,cqu|re lre s||||, |ro|edge ,rd
lecrr|que lror |rler,cl|or |lr lre p,l|erls, v,r|ous |rvesl|g,l|ors ,rd
|,oor,lory ex,r|r,l|or reporls so lr,l re ou|d deve|op lre ,o|||ly lo ,dr|r|sler
,ppropr|,le lre,lrerl. lr lr|s process lre lre,l|rg prys|c|,r r,|es d|,gros|s ol
lre d|se,ses ,rd prescr|oes reredy lor lre r,|,dy. A|| lre or,rcres ol red|c,|
sc|erce ,re c|,ss|l|ed |r lo lrree c,legor|es; (|) ror-c||r|c,|, (||) p,r,-c||r|c,| ,rd
(|||) c||r|c,|. Tre c||r|c,| relrod |s lo oe slud|ed |lr lre ,|d ,rd ,dv|ce ol olrer
lo relrods. For ex,rp|e - lre suojecls |||e Ar,lory ,rd Prys|o|ogy ,re ror-
c||r|c,| suojecls. A red|c,| sluderl |s lo ,cqu|re o,s|c |ro|edge or d|llererl
p,rls ol lre oody, pos|l|or ,rd lurcl|ors ol org,rs ,rd syslers. Tre suojecls
sucr ,s Pr,rr,co|ogy, V|croo|o|ogy ,rd P,lro|ogy ,re |ror ,s p,r,-c||r|c,|,
r|cr prov|des , leedo,c| lo lre prys|c|,rs lor proper d|,gros|s ,rd
r,r,gererl ol lre,lrerl lor p,l|erls. 0yreco|ogy, Ved|c|re ,rd surgery elc.
,re |ror ,s c||r|c,| suojecls. Tre sluderls ,re requ|red lo oe lr,|red so ,s lo
prov|de d|recl lre,lrerl lor lre d|se,ses.

Tre c||r|c,| |eg,| educ,l|or |s lre reed ol lre rour. ll |s rol s|rp|y ,
ped,gog|c,| relrod oul lre pr||osopry ,ooul lre ro|e ol |,yers |r lre soc|ely.
ll |s , ||oer,|, r,d|c,| ,rd relorr,l|ve relrod r,v|rg lre progr,rres |r lre
process ol deve|oprerl. Tr|s relrod |eeps lre |eg,| sysler ,s , ver|c|e lor
cr,rge. Tr|s pr||osopry ou||ds up l,|lr |r lre |eg,| sysler ,s , re,rs ol
relorr. Tre c||r|c,| |eg,| educ,l|or progr,rres prov|de , corlexl lor lesl|rg
|eg,| lreor|es. Tr|s relrod sers|l|zes lre |, sluderls lo,rds elr|c,| ,rd
ror,| respors|o|||l|es lo perlorr pro bono puo||c or| so lr,l lrey c,r prov|de
serv|ces lo lre corrur|l|es lrrougr puo||c |rleresl |,yer|rg.
Trey ,re lo oe lr,|red lrrougr o|,d,|,l, eg,| ,|d c||r|c, eg,| ||ler,cy
projecl, d|recl represerl,l|or ol c||erls oelore se|ecled courls, lr|our,|s ,rd
,gerc|es. 0lrer ,cl|v|l|es, sucr ,s |eg|s|,l|ve dr,ll|rg ,rd corrur|ly
p,rl|c|p,l|or c,r oe croser ,s e||. Tre cr,||erges ,re lo se|ecl lre ,ppropr|,le
l|e|d or| exper|erces lror ,|| lrose corror proo|ers ,rd c,se p|,rr|rg
exerc|ses o,sed or roc| c,se l||es.
Tre s,re relrod |s lo oe ,pp||ed lor lre lr,|r|rg ol |, sluderls. 8ul |l |s
d|ll|cu|l lo c|,ss|ly ,|| lre |, suojecls |r lre ,oove rerl|ored c,legor|es. Trey
c,r oe oro,d|y c|,ss|l|ed |rlo (|) Nor-c||r|c,| ,rd (||) C||r|c,| suojecls. Tre P,r,-
c||r|c,| suojecl sucr ,s |rqu|ry, |rvesl|g,l|or, red|c,| reporl ,rd experl op|r|ors
,re |rlerl|red |lr c||r|c,| suojecls. Tre oojecl|ve ol c||r|c,| |eg,| educ,l|or |s
lo deve|op lre percepl|or, lre ,ll|ludes, lre respors|o|||ly ,rd lre s||||s lo
oecore , |,yer ,ller lre corp|el|or ol lre course lror lre |, scroo|s. Trey
,re oe|rg g|ver lre lr,|r|rg lo ,cqu|re |ro|edge |r lre ror-c||r|c,| suojecls |||e
|,rgu,ge, r|slory, ecoror|cs, po||l|c,| sc|erce, soc|o|ogy ,rd pr||osopry. Tr|s
ou|d rol|v,le , sluderl ol |, lo urderl,|e lre respors|o|||ly lo l,ce lre
corp||c,led proo|ers ,rd lo ,r,|yze lre l,cl |lr lre re|p ol lre sludy |r
||ler,lure, ,rls, sc|erce, ecoror|cs, correrce ,rd olrer re|ev,rl suojecls. Tre
ror- c||r|c,| |eg,| educ,l|or reeds , sysler,l|c l|o ol |ro|edge ,rd
lurcl|or,| s||||.

Tre curr|cu|ur lor c||r|c,| |eg,| educ,l|or r,s oeer ,dopled |r sucr ,
r,rrer ,s lo reel lre cr,||erges ol re|y ererg|rg ,re,s ol lrle||eclu,|
Properly R|grls, Erv|rorrerl,| Prolecl|or, lrlerr,l|or,| Tr,de, T,x,l|or ,,
|oer,||z,l|or ol Pr|v,l|z,l|or ol Corpor,le Ecorory, ,oour ,s, corduc|ve lo
deve|oprerl ol Tr,de ,rd lrduslry. Tre |eg,| educ,l|or r,s oeer erpr,s|z|rg
lre reed lo rur lre puo||c seclor urderl,||rg or sourd ous|ress pr,cl|ces. Tre
curr|cu|ur |s locus|rg or lre proo|ers ol lre corror r,sses. ll |s sers|l|z|rg
lre soc|ely lo |derl|ly |ls proo|ers ,rd or|rgs soc|,| ,rd ecoror|c jusl|ce.
3pec|,| erpr,s|ze |s oe|rg g|ver or rese,rcr, re|,l|rg lo prolecl|rg r|grls ol
peop|e ,rd r,l|or,| |rleresl |r lre ,re, ol erv|rorrerl,| prolecl|or, o|o-
d|vers|ly, lr,de r,r|s, p,lerls ,rd olrer ererg|rg or,rcres ol |, ,rd
,greererl |lr wor|d Tr,de 0rg,r|z,l|or.

Voderr , 3croo|s ,re lo prov|de educ,l|or or lre lop|cs |||e surrog,le
rolrer, rere , sluderl reeds lr,|r|rg or corpel|rg r|grls ol lre rolrer ,rd
loelus ,|org |lr lre|r psycro-soc|,| re|,l|orsr|p ,rd corlr,clu,| oo||g,l|or |lr
erol|or,| ,ll,crrerl. Corl||cl|rg |rleresls oeleer - r|grl lo ||le ,rd r|grl lo
d|e, rercy |||||rg, cyoer cr|re, or||re del,r,l|or. Tre olrer lop|cs ,re 0NA lesl
lor delerr|r,l|or ol |eg|l|r,cy, lr,rsp|,rl,l|or ol rur,r org,rs ,rd elr|cs, sex
cr,rge surgery ,rd lr,rs-sexu,||sr, copy r|grls ,rd lre r|grl ol lre ,ulror ,rd
p|,rl oreeder r|grl elc.

Tre c||r|c,| |eg,| educ,l|or sl,rled |r lre ur|led K|rgdor |r lre ye,r
19Z0. Tre oper,l|or ol |eg,| c||r|c sl,rled ,l ur|vers|ly ol Kerl. Tre 0ueer's
ur|vers|ly 8e|lorl prov|des , rode| lor or||rg |lr , ruroer ol ,dv|ce cerlres.
Tre w,r|c| ur|vers|ly r,s ,dopled s|ru|,led c||r|c,| lecrr|ques. Tre
Co|uro|, ur|vers|ly's proless|or,| |, course uses s|ru|,led c||r|c,| relrods
lo deve|op , cr|l|c,| ,ppro,cr lo proless|or,| elr|cs. 3|r||,r deve|oprerls r,ve
l,|er p|,ce |r Auslr,||,, C,r,d,, lrd|,, V,|,ys|,, 3oulr Alr|c, ,rd soulr
p,c|l|c. lr C,r,d, ,rd Auslr,||, lre 0overrrerl r,ve recogr|zed lre v,|ue ol
c||r|c,| |eg,| educ,l|or. lr lrd|, lre c||r|c,| |eg,| educ,l|or r,s oeer |rlroduced
|r lre courses ol slud|es ol ,|| lre N,l|or,| , ur|vers|l|es ,rd , Co||eges
lror lre ,c,der|c sess|or, 1995-199. Tr|s c||r|c,| course |s c|,ss|l|ed |r lo lo
c,legor|es; (,) Fourd,l|or c||r|c,| course ,rd (o) 0pl|or,| c||r|c,| course. Tre
lourd,l|or c||r|c,| course |s corpu|sory lor ,|| lre sluderls ol |, rere ,s lre
sluderls ,re lo opl lor ,ry lo opl|or,| c||r|c,| courses ,s per lre courses ol
slud|es ol lre ur|vers|ly. Tre lourd,l|or c||r|c,| course |s lo prov|de lr,|r|rg or
c||erl course||rg, c||erl |rlerv|e, red|,l|or, regol|,l|or ,rd lr|,| ,dvoc,cy.
Trey ,re ,|so lo oe lr,|red |r ,|lerr,l|ve d|spule reso|ul|or recr,r|sr ,rd
c,se p|,rr|rg. lr lre opl|or,| c||r|c,| |eg,| educ,l|or , sluderl r,s lo v|s|l lre
courls ,rd olrer d|spule reso|ul|or ood|es. lr lre u.3.A. lre c||r|c,| relrods ,re
|de spre,d ,rd oeller esl,o||sred.
No every r,l|or |s g|v|rg |rporl,rce or lre c||r|c,| |eg,| educ,l|or |r
order lo groor lre|r lulure |,yers, lre |, r,|ers, lre execulors, |, oll|cers,
judges ,rd |, le,crers lo ,cqu|re |ro|edge lrrougr , sc|erl|l|c relrod
|eep|rg p,ce |lr lre elr|cs ,rd pr||osopry ol lre soc|ely. Tre oojecl|ve ol lre
c||r|c,| educ,l|or |s r,d|c,|, relorr,l|ve ,rd dyr,r|c.

1he following are the basic features of the
clinical legal education.

(i) The students are to experience the impact oI law on the liIe oI the
people.

(ii) Tre sluderls ,re lo oe exposed lo lre ,clu,| r|||eu |r r|cr d|spule ,r|se
,rd lo er,o|e lrer lo deve|op , serse ol soc|,| respors|o|||ly |r proless|or,|
or|.

(iii) The students are to be acquainted with the lawyering process in
general and the skills oI advocacy in particular.

(iv) The students are to critically consume knowledge Irom outside the
traditional legal arena Ior better delivery oI legal services.

(v) The students are to develop research aptitude, analytical pursuits and
communicating skills.

(vi) Trey ,re lo urdersl,rd lre ||r|l ,rd ||r|l,l|ors ol lre lorr,| |eg,| sysler
,rd lo ,pprec|,le lre re|ev,rce ,rd lre use ol ,|lerr,le rodes ol |,yer|rg.

(vii) They are to imbibe social and humanistic values in relation to law
and legal process while Iollowing the norms oI proIessional ethics.


C||r|c,| |eg,| educ,l|or requ|res sluderls lo l,|e ,r ,cl|ve p,rl |r lre
|e,rr|rg process. Trey ,ssure , degree ol corlro| over lre|r or educ,l|or ,rd
lrey see |, |r |ls re,|-||le corlexl. e,rr|rg oy do|rg exposes sluderls lo re,|
or re,||sl|c sell|rgs |r
C||r|c,| |eg,| educ,l|or r,y oe s|rp|y descr|oed ,s |e,rr|rg |, lrrougr
,pp||c,l|or, pr,cl|ce ,rd rel|ecl|or. Tr|s corcepl ,pp||ed |rlo , progr,rre ol
educ,l|or,| exper|erce v,r|es lror sl,le lo sl,le ,rd scroo| lo scroo|. ll |s qu|le
d|llererl lror lr,d|l|or,| |eg,| educ,l|or. Tre |eclure-ser|r,r relrod so
corror |r educ,l|or ol |, sluderls |s, ,l ore |eve|, c,p,o|e ol s,l|sly|rg lre
|e,rr|rg-oy-do|rg del|r|l|or ,rd prov|des lre lorr ol de||very r|cr ,cl|ve|y
|rvo|ves lre sluderl. Tre re,||ly |s, roever, lr,l |eclures ,re predor|r,rl|y
corlerl ,rd ,ssessrerl |ed; lrey cors|sl loo oller ol sluderls oe|rg g|ver
|rlorr,l|or. ll |s urusu,| lor |eclures lo reel ,ry ol lre c||r|c,| der,rds. Trey
r,re|y |rvo|ve sluderls |r lre re,| or re,||sl|c pr,cl|ce ol lre |,. A e||-
slruclured |eclure ,rd ser|r,r progr,rre, us|rg group or|, preserl,l|ors ,rd
c,se slud|es, ,rd ,cr|ev|rg , r|grer |eve| ol sluderl |rler,cl|or ,rd
p,rl|c|p,l|or, |s ol course ol v,|ue ,s , |e,rr|rg exper|erce. loever, ur|ess |l
goes oeyord lre p,ss|ve |rvo|vererl ol sluderls, , |e,rr|rg opporlur|ly c,r oe
r|ssed.












1n+ :rhooI: Dn nD 1D!q1n!n :!unD!-
rD!1n n1onrh !h1ouqh !h ]oIIo+1Dq
!_: o] rI1D1r:.



(a) lr rouse re,| c||erl c||r|cs, r|cr ou|d prov|de pr,cl|c,| |ro|edge lo
lre sluderl. Trey ,re lo oe ,ssoc|,led |lr ,dvoc,les lo ,cqu|re
pr,cl|c,| exper|erce.

(b) 0ul rouse re,| c||erl c||r|cs, rere lre sluderls ,re lo v|s|l d|llererl
p|,ces, p,rl|cu|,r|y lre v|||,ge ,rd s|ur ,re,s rere proo|ers ,re lo
oe |derl|l|ed ,rd lre rered|,| re,sures c,r oe prov|ded lo lre
||||ler,le ,rd |gror,rl |rr,o|l,rls.


(c) 3|ru|,l|or c||r|cs, r|cr ou|d re|p |r educ,l|rg lre sluderls lo
,cqu|re |ro|edge lror lre s|r||,r c,ses r|cr r,ve oeer dec|ded |r
lre courls ol |,.

Tre oojecl|ves ol ,oove rerl|ored c||r|cs ,re lo prov|de exposures lo
sluderls ol |, |r lre|r pr,cl|ce. Trey ,re lo ,r,|yse c,se r,r,gererl process
ol lre ererg|rg proo|ers. Trey reed lo rel|ecl or lre exper|erce ,rd lre
process ,rd resu|l ol lr,l rel|ecl|or ,re cerlr,| lo ,|| c||r|c,| progr,rres.
C||r|c,| |eg,| educ,l|or |s d|recled towards developing the perceptions, the
attitudes, the skills and the responsibilities which a lawyer is expected to
assume when he completes his education Irom the law school.


Trere |s , cerl,|r r|crress lr,l c,r oe orougrl lo , c||r|c,| exper|erce
or|y oy |rvo|v|rg |, sluderls |r re,| |eg,| |ssues ,s , cerlr,| e|ererl ol ,
c||r|c,| course or progr,rre. loever, |l |s rol erougr lo s|rp|y pul sluderls
|rlo , re,|, s|lu,l|or lo |e,rr. Tre re,| or| ol lre c||r|c,| relrodo|ogy |s lo
rel|re lre sluderls lo g,|r exper|erces |r order lo r,x|r|ze lre|r ellecl|veress,
,rd ,|so lo supp|ererl lre|r c||r|c,| exper|erces |lr ,ppropr|,le |rslrucl|ors
,rd superv|s|or |r order lo cre,le lre r,x|rur opporlur|l|es lor |e,rr|rg.


, ,rd |,yers r,ve , gre,l ro|e |r lre soc|ely. lr every soc|ely lrere |s
, |de g,p oeleer lre peop|e ,rd lre jusl|ce de||very sysler. Tre reed ol lre
rour |s lo ,ll,cr |rporl,rce or c,uses ol lre poor ,rd dor lrodder.

Elr|cs |r lre |eg,| proless|or relers lo , sysler ol ror,| pr|rc|p|es, ,
serse ol r|grl ,rd rorg ,rd goodress ,rd o,dress ol ,cl|or ,rd lre|r rol|ve
,rd corsequerces. ll relers lo ,pp||c,l|or ol elr|cs lo |eg,| proless|or. To oe
rore spec|l|c, |eg,| ,rd proless|or,| elr|cs |s lre sludy ol good ,rd ev||, r|grl
,rd rorg, jusl ,rd urjusl. Elr|cs |r |eg,| proless|or correspords lo o,s|c
rur,r reeds. ll |s , rur,r lr,|l lr,l every |rd|v|du,| des|res lo oe elr|c,|, rol
or|y |r r|s pr|v,le ||le oul ,|so |r r|s proless|or,| ,ll,|rs. Vosl ol our |eg,|
proless|or,|s ,rl lo oe , p,rl ol our soc|ely, |r r|cr lrey c,r corr,rd
respecl ,rd oe puo||c|y proud ol lre|r proless|or, oec,use lrey perce|ve lre|r
purpose ,rd ,cl|v|l|es lo oe roresl ,rd oerel|c|,| lo lre soc|ely.

ll |s , ru|l|d|rers|or,| lr,|r|rg r|cr |rc|udes, p,rl|c|p,l|or |r courl
proceed|rg ,rd lr|our,|s lo deve|op lre ,rl ol ,dvoc,cy, lo |e,rr lre courl
pr,cl|ce, procedur,| rorr ,rd lo urdersl,rd ro |eg,| process or|s. Tre reed
ol lre rour |s lo sel up |eg,| c||r|cs |r lre |, scroo| prer|ses, so ,s lo lr,|r lre
sluderls ol |, lor pr,cl|c,| lr,|r|rg. Trey reed lo urdersl,rd lre |rporl,rce
,rd lre polerl|,| ul|||ly ol c||r|c,| |eg,| educ,l|or ,rd lo |rp|ererl lre
progr,rres ellecl|ve|y ,rd sysler,l|c,||y.
, prolecls lrose ro prolecl |l ,rd deslroy lrose ro deslroy |l. Accord|rg lo
Fr|edr,r, 'Tre ,|r ol |eg,| educ,l|or c,rrol, |l |l |s lo serve , pos|l|ve ,rd
uselu| ro|e |r roderr soc|ely, oe corl|red lo le,cr lre |eg,| lecrr|ques ,rd
s||||s oul lo r,|e producl ol |, ,s ,r |rslrurerl ol progress lrrougr
derocr,l|c process. ll ou|d oe lr,g|c |l lre |, ere so pelr|l|ed ,s lo oe
ur,o|e lo respord lo lre urerd|rg cr,||erges ol evo|ul|or,ry or revo|ul|or,ry
cr,rges |r soc|ely. Tre |eg,| educ,l|or srou|d erpr,s|ze upor ror,||ly,
roresly, se|l-,ccourl,rcy, p,lr|ol|sr, se|l-s,cr|l|ce, le||o-l||||rg ,rd
corp,ss|or |lr ,|| lre ||v|rg oe|rgs. , |lroul ror,||ly |s |||e , oody |lroul
sou|. ur|ess ror,| elr|cs ,re g|ver due erpr,s|s, ro ,rourl ol |eg|s|,l|or c,r
or|rg pe,ce ,rd prosper|ly |r lre soc|ely.




Clinical Legal Education (CLE) has been a signiIicant part oI legal education since
1960. The Iirst clinic started in U. K. in 1970, in Australia in 1990s. The concept is
Iast expanding across the globe also. The Clinical Legal Education is necessary to
bridge a gap between theory and practice. The aim oI this article is to know the
various types oI Clinical legal Education, its necessity in curriculum and current
initiatives and practices in Indian Clinical Legal Education.
,9 is me,n9 by Clinic,l Leg,l Educ,9ion
The Clinical Legal Education can be deIined in various ways
'Clinical Legal Education is essentially a multi-disciplined, multipurpose
education which can develop the human resources and idealism needed to
strengthen the legal system. a lawyer, a product oI such education would be able
to contribute to national development and social change in a much more
constructive manner.
'A learning environment where students identiIy, research and apply knowledge in
a setting which replicates, at least in part, the world where it is practiced. It almost
inevitably means that
the student takes on some aspect oI a case and conducts this as it would be
conducted in the real world.
The Clinical Legal Education is a term which encompasses learning which is
Iocused on enabling students to understand how the law works in action. This can
be done by undertaking real or realistic simulated case work. In early days law is
thought as one oI the curriculum available to the students. Even though the
casebook method was growing in earlier days, there were critics oI this method
Irom the beginning. However the Iirst hand experience method will really educate
the law students. The legal education clinics iI properly channelled may help the
students to gain their knowledge. The use oI the word clinic` prompts the analogy
oI trainee doctors meeting real patients in their medical clinics. Clinical Legal
Education is only one way in which theory and practice can be brought together.
,9 ,re 9ypes of clinics:
The aims and objective oI each are in principle the same. The legal clinics may be
divided into three types 1. Simulation clinics 2. Out-house real client (real world)
clinics 3. In-house real client clinics.
! Simulation clinic : Students can learn Irom variety oI simulations oI what happens
in legal practice. Ex moot Court commonplace etc. Cases can be acted out in
their entirety, Irom the taking oI initial instructions to a negotiated settlements or
Court hearing. Such sessions can be run as intensive courses or spread through all
or part oI the academic year in weekly slots. Other simulations can range Irom
negotiation exercises, client interviewing exercises, transaction exercises etc.
The In-house real client clinics: In this model the clinic is based in the law school.
It is oIIered, monitored and controlled in law school. In this type oI clinic the
clients require actual solutions to their actual problems hence it is called as real
client clinic. The client may be selected Irom a section oI the public. The service is
given in the Iorm oI advice only or advice and assistance. In this type oI Clinics,
Clients are interviewed and advised orally or in writing and also helped with the
preparation oI their cases. The clinic may operate as a paralegal services or a Iully-
Iledged solicitor`s practice.
!-The out-house clinic: It is a clinic that involves students in exercising legal work
outside the college or university. These types oI clinics may operate on the basis oI
advice giving only. Such agencies are run by trade union councils and other non-
statutory bodies. The clinic might take the Iorm oI placement also in solicitors`
oIIice or barristers` chambers.
Simulation clinic has several advantages than other clinics. In this type oI clinic
risk and unpredictability oI the real-client work are removed, the same materials
are used Ior many times and hence cost is substantially less than real clinic. The
administration oI the simulation is very diIIicult. But all the clinics play active part
in Clinical Legal Education and also their objectives and aims are same.

,9 ,re benefi9s of Clinic,l Leg,l Educ,9ion:
Following are some beneIits oI the Clinical Legal Education.
a) Practical Approach: It involves a diIIerent approach to the learning oI law: it
encompasses experimental learning, or 'learning by doing.The scope oI the
client`s problem is determined and solutions are given to them. It generates
conIidence in students as their success is determined by their own eIIorts rather
than external Iactors. It is the application oI knowledge. It gives opportunities Ior
the knowledge to be applied, but it also goes beyond this and calls Ior reIlection
and selI examination. It gives students the opportunity to explain why they are
taking certain actions and they are able to discuss and reconsider their actions.
Students can examine the legal and social issues in some depth.
b) Student motivation and development: Students are selI-motivated and highly
committed to the work. Students are more responsible in their work.
c) Acquisition oI skills: Some skills are very important to a lawyer. Clinical Legal
Education is based on practical approach and hence it helps in acquisition oI skills.
The skills may include skills like Research skills, Communication skills,
interviewing oI clients and witnesses, Counseling, DraIting, Negotiating, and
Problem Solving etc skills. These skills are very important to a lawyer.
d) ProIessional ethics and responsibility: There in need oI study oI ethics and the
proIessional responsibility and conduct oI lawyers. This is growing in resent years
as Clinical Legal Education includes practical training.
e) Involvement with local community: A law clinic can help to reduce isolation by
making the law school more relevant to community. It can oIIer advice and
assistance to local people and help to reduce isolation. There are many beneIits oI
this. Also the students can be able to understand the problems oI diIIerent
generation and background. This experience can add to their understanding oI the
position oI others in society, and can increase their maturity and sense oI
responsibility.





,9 ,re problems of Clinics:
!--The Integration oI the clinic within the law school: Some eminent authors
stated that there is a danger that the clinic will become an isolated outpost oI
the law school, and not absorbed within its mainstream activity. To avoid
diversion oI students Irom the rest oI their legal teaching, it is important to
draw clear links between substantive law courses and work done in the clinic.
For example, problems arising in the clinic can be re-examined in other law
classes, research can be done on them, and even action recommended. A wide
range oI teacher involvement is desirable. However, there is no ready-made
solution to the problem oI integration.
!--Resources: Extra resources must be allocated to the teaching and running oI
the clinic. This can be another cause oI resentment Ior traditional academics
who are less involved in skills teaching, and it is another reason why the
support and involvement in the clinic oI the law school is needed. The
pressures created by the high caseload may badly aIIect the moral oI both staII
and students. Resources can be particularly stretched iI the clinic operates an
open door policy and attempts to deal with all cases which come in oII the
street. Hence there is need to limit access in some way.
!--DiIIiculties in supervision and assessment: Supervising students in the clinic
is diIIicult task. It is important to include checks on the quality oI work being
done Ior the system oI supervision.
!--The dangers oI public service: The idea oI providing Iree legal advice is
attractive but problems can develop iI the public service aim takes precedence
over that oI providing a sound and well rounded legal education.
!--Relationship with the local legal proIession: Some may Iear that a legal clinic
oIIering Iree legal work will upset the law school`s relation with the local legal
proIession.















hat is history of Clinical Legal Education in
IADIA:
Clinical Legal Education includes not only the clinical courses but also practice-
oriented courses and activities included in or oIIered outside the curriculum.
Clinical Legal Education is more than a vehicle Ior the study oI lawyering and the
legal proIession.

Clinical Legal Education should be devised and implemented; this
will give law students a deeper and more meaningIul understanding oI law.
The subject-matter or content oI Clinical Legal Education and the Clinical method
oI law teaching can be separated; the subjects sought to be taught in a clinical
course or program can be presented in traditional classes, and the clinical teaching
method can be utilized in courses outside the usual 'clinical subject areas
Clinical Legal Education in India has its roots in both the Legal Aid and Legal
Education ReIorm Movements.
Formal Legal Education started in 1855, in India. Many commissions and
Committees were set up Ior the development oI Clinical Legal Education in India.
Legal Education has gone through many stages oI development. Some oI these
stages are
The Bombay Legal Education Committee concluded in 1949,
recommended that practical courses should be made compulsory only Ior students
who choose to enter the proIession oI law and the teaching method should include
seminars or group discussions, moot court competitions etc.
The 14
th
Report oI the Law Commission oI India recognized the
importance oI proIessional training and Ior a balance oI both academic and
vocational training. It recommended that University training must be Iollowed by a
proIessional course concentrating on practical knowledgebut it suggested that
the proIessional course be made compulsory only Ior those who chose to practice
law in the courts. The Commission`s 1958 Report concentrated on
institutionalizing and improving the overall standards oI legal education. In that
regard, the Report also discussed teaching methods and suggested that seminars,
discussions, monk trials, and simulation exercises should be introduced--- in
addition to lectures. Thus, although the Commission`s Report didn`t deal directly
with improving skills, it did so indirectly by supporting the use oI teaching
methods that could be more helpIul in developing various skills.
A link between expressed Legal Aid and Legal Education ReIorm was
published in 1970s by the Expert Committee on Legal Aid oI the Ministry oI Law
and Justice.
AIter 5 years oI debate over a 3-year v/s 5-year L.L.B. course, which
began during a 1977 National Seminar on Legal Education at Bombay, the Bar
Council oI India (BCI) unanimously agreed to introduce the new 5-year course
Irom July 1982, open to students aIter 102. The BCI recommended practical
training in the curriculum.
Reports oI University Grants Commission (UGC) also played important
roles in the history oI Clinical Legal Education and report emphasized the role oI
legal education in developing law as a hermeneutical proIession, explaining that
lawyers must be taught a variety oI skills and sensibilities. It outlined the
objectives oI reIormed teaching as making students more responsive to learning
and making them demonstrate their understanding oI law.
The next important step in the evolution oI Clinical Legal Education began
at the conIerence oI ChieI Justice oI India in 1993, which resolved the ChieI
Justice shall constitute a committee to suggest appropriate steps that should be
taken to assure that law graduates acquire suIIicient experience beIore they become
entitled to practice in the courts. It Iound that the general standard oI law colleges
in country was deteriorating and that the syllabus should be revised to include
practical subjects so that the students could get proIessional training.
Bar Council oI India (BCI) report 1996 on NLSIU (The National Law
School oI India)The Bar Council oI India issued a circular in1997 using its
authority under the Advocates` Act 1961 directing all universities and law schools
to revise their curriculums. It included 21 compulsory courses and 2 optional
courses, leaving Universities Iree to add more courses. The circular also mandated
the inclusion oI 4 practical papers. Law schools have been required to introduce
these 4 practical papers since academic year 1998-99, which was viewed as a big
step toward introducing Clinical Legal Education Iormally into the curriculum.
In order to achieve the objects oI the clinical programm, NLSIU oIIers a wide
range oI opportunities in clinical programmes, compulsory as well as optional, to
the students. At present the compulsory clinical courses are(a) Client
Interviewing, counseling, And Alternate Dispute Resolution methods; (b)
Litigation Clinic; (c) special Clinic integrated with compulsory placements oI two
months Irom III year to V year oI the 5 year LL.B. course. The optional component
oI the scheme includes: a) Moot Court (b) Legal services Clinics; (c) community-
based Law ReIorms Competition. In addition to the above, NLSIU curriculum
carries a Iull course oI 100 marks taught outside the declared clinical courses. This
is a compulsory course on ProIessional Ethics and Law OIIice management taught
with assistance oI legal practitioners.
The 2
nd
UGC report oI particular interest to Clinical Legal Education was
prepared by a Curriculum Development Committee, which was asked to upgrade
the syllabi oI the LL.B. course. The proposed curriculum also includes several
subjects which have a potential to be taught clinically in order to oIIer instruction
in various values and skills required Ior a new lawyer. Also it introduced a clinical
aspect in the LL.M. program.
Report oI the Law Commission oI India - 2002 stated that 'the Commission
considers that Clinical Legal Education may be made mandatory subject.
Current Assessment: One can trace the development oI Clinical Legal education in
India to the eIIorts oI a Iew law schools in the late 1960s. For example, Iaculty and
students at Delhi University established a legal service clinic in 1969 on a
voluntary basis. Banaras Hindu University was the Iirst to introduce a clinical
course, in the early 1970s. This was an optional course oIIered to a limited group
oI 30 students with academic credit Ior 200 marks. The course included courts
visits, participation in a legal aid clinic in the school, and an internship in chambers
oI lawyers. While each oI these early eIIorts was signiIicant, no steps were taken
during those years to institutionalize Clinical Legal Education. A national
movement to do so was begun with the opening oI the National Law School oI
India University in Bangalore, established by the Bar Council in 1987 as a model
Ior legal education reIorm. The National Law School`s curriculum includes several
clinical courses, including more recently course that cover the subjects included in
the practical papers mandated by the Bar Council oI India in 1997. Over the past
10 years, seven other national law schools have been established.
Conclusion:
It is necessary to emphasize that the purpose and scope oI legal
education must be to prepare students Ior the practice oI the proIession
oI law. ThereIore, the law and legal education which together constitute
the backbone oI society should change according to the changing needs
and interests oI the ever changing society. Undoubtedly clinical work
will be more expensive than class room teaching. The time Irame oI
curriculum will be diIIicult to maintain as stated by the university. There
are some things which are good Ior clinical experience is enabling
students to understand experimentally how the law works in practice.
Hence clinic must be included as a part oI curriculum.









Clinical Legal Education gathered importance globally due to its
potential to improve the quality of legal education. As law graduates in ndia
directly enters legal profession without any further training or any Bar
Examination, Law Colleges in ndia share the entire responsibility of skill
training. As a result Clinical Legal Education assumes more importance in
ndia.

The concept of practical problem solving, whether by working in a
laboratory or in the field, as an important means of developing skills has
been in acknowledged since time immemorial. However, it was in 1901,
that a Russian professor, Alexander Lyublinsky, first proposed Clinical
Education in law on similar lines as in medicine.

Until Clinical programs entered the scene, skills training and social justice
work were for all intents and purposes, off the legal education agenda.
Legal doctrines dominated the Law School syllabi, with virtually all
instruction offered through classroom courses dominated by traditional
lectures in ndia. Legal education was "Law School, not "lawyer school.

ntroduction of Clinical Legal Education changed this scenario. Clinical
Legal Education is directed towards developing the perception, attitudes,
skills and sense of responsibilities which the lawyers are expected to
assume when they complete their professional education. Thus, Clinical
Legal Education provides students with opportunities for professional and
intellectual development and prepares them for the practice of law, as
competent, and socially as well as professionally responsible lawyers.

The earliest reference on Clinical Legal Education in United States could
be traced in the year of 1917. Since that time, Clinical teaching has
become an integral part of legal education in most developed and
developing countries. The global Clinical movement started taking hold in
the late 1960s; however, by that time Law Schools in the U.S. took the lead
in providing Clinical Legal Education.

n most of the countries initially the primary focus of Clinical Legal
Education was on legal aid, social justice and professional responsibility.
However, this focus began to shift from client and community service to
teaching skills, particularly in U.S. due to fading of student interest in public
interest work.

Thus, the concept of Clinical Legal Education has evolved and contributed
a new pedagogy in the teaching of law. t, to a large extent, also plays a
crucial role in bridging the gap between the theory and real-life practice of
law, or at least the environment in which they operate.

Clinical Legal Education took its roots in ndia in the late 1960s. But Clinical
Legal Education becomes integral part of curriculum only when BC
introduced four practical papers to improve standards in legal education in
late 90's. These papers are aimed at providing practical training to law
students. Until these papers were introduced in the curriculum, very little
effort was made by Law Colleges to train students in advocacy skills.

Clinical Legal Education in ndia offers an opportunity to make integrative
transformation of legal education and at the same time make legal
profession socially relevant. To make such a transformation Clinical Legal
Education should be viewed as a method of teaching and understanding
law effectively rather than a component to offer mere skills.

The complexities of modern life require lawyers to play multiple roles such
as advisors, negotiators, arbitrators, mediators, and administrators. The
present day legal profession calls for much more skills than what was
required of a legal practitioner a decade or so back. The field of lawyering
is becoming highly competitive in that sense. Therefore, Clinical Legal
Education offered in V.M. Salgaocar College of Law was structured in such
a way to offer those skills that are required to make students to meet the
demands of the modern society.

The clinical experience in this college was made as part of an effort to
improve the quality of law practice, and to increase awareness among
lawyers about professional and public responsibility.

Clinical Legal Education justifies the existence of law school in community's
context. The faculty will be benefited by the real life situations. This
enriched experience in dealing with practical problems of the members of
the society strengthens their theoretical knowledge of law. This in turn
garners the benefits of teaching law in social context to the students.





Cen9re for Clinic,l Leg,l Educ,9ion (P,l,ck
Universi9y, F,cul9y of L,
The Cen9re for Clinic,l Leg,l Educ,9ion is an institute oI Palacky University Faculty oI Law,
which Iocuses on practical ways oI teaching prospective lawyers. While most law education
compromises the Law in Books (taught at the University since 1679), the Centre aims at Law in
Action.
In 1996 Palacky University Faculty oI Law was among the Iirst law schools in Central Europe to
introduce legal clinics and still today it is the only law Iaculty in the Czech Republic that
provides its students with a wide range oI clinical education. The clinics were swiItly expanded
and improved, especially aIter 2006 thanks to a project oI advancement oI practical education,
which gained Iinancial support Irom both the Czech national budget and the European Social
Fund. At the same time the newly-established Cen9re for Clinic,l Leg,l Educ,9ion took
responsibility Ior running clinics.
Today the Centre provides methodical aids Ior innovation in current school subjects as well as
Ior the implementation oI new school subjects in the taught Master's degree in Law, while it also
runs the clinics
Contents
O 1 Cllnlcs
4 11 !urlsLlc Skllls Workshop
4 12 SLudenL Legal Ald Cfflce
4 13 Puman 8lghLs Cllnlc
4 14 8efugee Law Cllnlc
4 13 AdmlnlsLraLlve Law Cllnlc
4 16 Legal Cllnlc LlecLronlc CommunlcaLlons Law
4 17 Small 8uslness and nCC Legal Cllnlc
4 18 lnLernaLlonal ArblLraLlon Cllnlc
4 19 aLlenLs 8lghLs Legal Cllnlc

Clinics
The Student Legal Aid OIIice is a ive-cient cinic, and the other clinics are hybrid cinics
combining both theoretical lectures and practical legal experience. The Juristic Skills Workshop
is obligatory subject, while the rest oI the clinics are Iacultatory.

1uris9ic Skills orksop
#
hy shoud (a
student) be forced to
earn the aw
excusivey in the
aborious and
difficut manner?
Must he be denied
the priviege, which
the students of
medicine, chemistry
and the other
sciences enfoy, of
earning at the
outset of his study
from treatises what
other origina
investigators have
dicovered? Like the
student of the
different sciences,
#
the aw student must
earn how to make
origina
investigations for
himsef, and
diagnose, so to
speak, the principes
of aw from the
cases in actua
itigation. But no
reason can be given
why he must earn
the whoe science of
the aw by his own
investigations in the
undigested mass of
raw materia in the
shape of adfudicated
cases. No medica
schoo can pretend
to give a compete
course of instruction
at the present day,
without introducing
into its curricuum a
comprehensive
course of cinics.
Nor does the
professor of physics
or chemistry teach
these sciences
excusivey by the
use of the text-books
and pictoria
representations of
the various
experiments as was
once the practice.
But the instructors
of these sciences
have not discarded
the treatise, they
have ony
suppemented the
use of the treatise
with the resort to the
aboratory and
operating room.
Steve Sheppard , The history oI
Legal Education in the United
States
|4|

The Juristic Skills Workshop was introduced in the academic year 2007/08. It is compulsory Ior
2nd year students oI the 5-year-long Law degree. The workshop takes two semesters. Its aim is
to boost students' practical skills and so to prepare students to apply the law. It is thereIore
complementary to the other subjects oI procedural law and substantive law.
|5|

The course aims Ioremost in the Iields oI:
O professlonal eLhlcs and llablllLy
O legal lnformaLlon
O general presenLaLlon skllls
O wrlLlng legal LexLs
O case analysls
O general communlcaLlon skllls
4 legal advlce
4 negoLlaLlon
4 cllenL lnLervlews
O ,ooL courL
3

S9uden9 Leg,l Aid Office
The Student Legal Aid OIIice provides pro bono legal aid to socially, economically or otherwise
disadvantaged individuals. The students meet clients (Irom the general public) and engage in a
conversation in order to record key issues. AIterwards the students work on the case under the
supervision oI a lecturer, who is a specialist in the given Iield. Students learn how to run
paperwork concerning the clients and cases. Prior to entering the Aid OIIice, the students
undergo two one-day workshops, the Iirst aimed at work organisation and the second aimed at
juristic skills.
The clinic takes one semester and is run every semester, but students can participate only once
(because there are too many students chasing too Iew cases). The clinic is divided into sections
(Civil and Family Law, Labour Law, Social Security Law, etc.) with no more than ten students in
each.
|6|

Clients are obliged to consent that the University takes no liability; students are Iorbidden to give
legal advice at the Iirst meeting, and a lecturer's authorization is obligatory beIore giving any
advice (which usually takes a couple oI weeks, except in urgent cases).
Matters concerning criminal law are excluded Irom the legal aid oIIice.
The laws oI the Czech Republic don't allow the law students to represent the clients in Iront oI
the courts.
Hum,n Rig9s Clinic
The Human Rights Clinic Iocuses on up-to-date issues oI Human Rights Protection in the Czech
Republic. Depending on students' interests the clinic deals with issues oI Ireedom oI assembly,
Ireedom oI speech, discrimination, patients' rights, domestic violence and so on. The Clinic takes
one semester and has capacity Ior ten students.
The clinic is organized into an interactive theoretical part, in which the students learn necessary
inIormation, and a practical part, in which the students solve real issues, interact with a client and
learn juristic skills.
The Liga lidskych prav (uman Rights League) NGO and the Ombudsman's oIIice co-author the
clinic.
|7|

Refugee L, Clinic
The ReIugee Law Clinic takes two semesters and has capacity Ior ten students. The clinic has
two parts. The theoretical part is given by expert lecturers Irom the UNHCR, the Ombudsman's
oIIice, the Czech Government OIIice, and other organisations. The students learn law concerning
areas oI Ioreigners' residency in the Czech republic, asylum law, the procedure oI awarding
international protection, psychological aspects oI the procedure, laws concerning European
protection oI reIugees, integration oI Ioreigners and reIugees, as well as expulsion oI Ioreigners
and other related areas.
The practical part is conducted in coordination with Sdruzeni obcanu zabyvajich se emigranty
(Association of citi:ens concerned with emigrants) NGO. Students undergo excursions and work
experience in Czech reIugee camps, take part in the process oI giving legal advice, counsel
clients and solve real cases. As well as searching Ior inIormation concerning a country oI origin,
they prepare the Iorms Ior reIugee protection and legal remedies Ior unIavourable decisions. The
students also have the chance to represent the Iaculty at Moot courts related to the Iield.
|8|

Adminis9r,9ive L, Clinic
The Administrative Law Clinic Iamilliarizes students with the practical operation oI public
services, especially in the area oI the environmental protection. Lectures make up a
comprehensive mix oI theoretical and practical education. Students solve real cases, interact with
clients, learn juristic skills, take part in excursions, and debate about current problems in public
services. The students take part in administrative moot courts as well as work on real cases and
learn Irom inside how non-governmental organizations work.
One part oI the clinic consists oI work on diIIerent projects, which the students agree upon at the
beginning oI the semester. The practical part is conducted in cooperation with Hnuti DUHA
Olomouc (Olomouc Rainbow Movement) NGO.
|9|

Leg,l Clinic: Elec9ronic Communic,9ions L,
The aim oI the Electronic Communications Legal Clinic is to Iollow up a theoretical subject %he
Law and Information %echnoogy by working with literature, cases Irom abroad, etc. The clinic
Iocuses on topics like E-business, domain names and e-government. Education is both theoretical
and practical, conducted by Iaculty lecturers and outside experts. It has capacity Ior ten
students.
|10|

Sm,ll Business ,nd NGO Leg,l Clinic
The Small Business and NGO Legal Clinic Iocuses on issues connected to the two Iields. The
students learn to diIIerentiate between varieties oI corporate entities and also which Iorm may be
suitable Ior a speciIic purpose. They learn how to write the basic documents oI a corporate entity
that are necessary to establish and run it. The clinic also Iocuses on issues oI taxation and
Iinance. Debates with representatives oI diIIerent corporate entities are also part oI the course.
|11|

In9ern,9ion,l Arbi9r,9ion Clinic
The International Arbitration Clinic is a special clinic run by the centre, which prepares the
Olomouc University Moot Team Ior the illem C. Vis In9ern,9ion,l Commerci,l Arbi9r,9ion
Moo9. In this competition, Palacky University has never been bettered by another Czech law
school. The team also takes part in number oI pre-moots, and each year since 2009 the Faculty
has made its own pre-moot in Olomouc, using its own courtroom.
|12|

Leg,l clinic
A leg,l clinic (also l, clinic or l, scool clinic) is a law school program providing hands-on-
legal experience to law school students and services to various clients. Clinics are usually
directed by clinical proIessors.
|1|
Legal clinics typically do pro bono work in a particular area,
providing Iree legal services to clients.
Students typically provide assistance with research, draIting legal arguments, and meeting with
clients. In many cases, one oI the clinic's proIessors will show up Ior oral argument beIore the
Court. However, many jurisdictions have "student practice" rules that allow law-clinic students
to appear and argue in court.
|2||3|

Contents

O 1 1ypes of acLlvlLy
O 2 Areas of servlce
O 3 8eneflLs
O 4 roblems
O 3 8ackground
4 31 uSA
4 32 unlLed klngdom
4 33 Czech 8epubllc
4 34 oland
\es of activit
The clinics may include variety oI activity:
O Lega| A|d C||n|c ls LradlLlonally Lhe mosL common Lype of Cllnlcal educaLlon
SLudenLs under supervlslon of lecLors provlde pro bono legal ald Lo general
publlc (usually Lo Lhose who canL oLherwlse afford lL)

O S|mu|at|ons sLudenLs can learn from a varleLy of slmulaLlons of whaL
happens ln legal pracLlce lor example mooL courLs are commonplace
1hey have LradlLlonally formed parL of law school acLlvlLy and lnLroduce
sLudenLs Lo Lhe lLrlcacles of adcovacy aL leasL before appelaLe courLs ,ore
ablLlously use can be made of mock Lrlals someLlmes lnvolvlng
professlonal acLors ln order Lo convery Lhe dlfflculLles of for example
lnLroduclng evldence and esLabllshlng facLs ln whaL may be Lhe rapldly
changlng envlronmenL of a flrsL lnsLance Lrlbunal
4
CLher slmulaLlons can
range from
4 oeqotlotloo exetclses whereby opposlng groups of sLudenLs learnlng
Lhe arL of negoLlaLlon raLher Lhan Lrlal courL llLlgaLlon by belng glven
reallsLlc case flles and asked Lo resolve Lhem ln as economlc and falr
manner as posslble
4

4 clleot lotetvlewloq exetclses
4

4 ttoosoctloo exetclses beLween groups of sLudenLs such as buylng
and selllng properLy or wlLh lndlvldual sLudenLs ln eg drafLlng a
wlll
4

4 leqol Jtoftloq ooJ wtltloq ptoqtommes
4

AlLhough of excepLlonal value ln Leachlng law Lhese slmulaLlons can lack
Lhe complexlLy of real cllenL work adn Lhe role play may noL creaLe Lhe
same demands LhaL exlsL upon Lhe legal pracLlLloner
4

O |acements sLudenLs can be senL ouL Lo work wlLh pracLlslng lawyers for
shorL perlods Lo encounLer real problems cllenLs and courLs 1hey are Lhen
expecLed Lo brlng back Lherl experlence Lo Lhe law school and reflecL upon
lL uslng lL Lo lnform Lhe remalnder of Lhelr Llme spenL ln academlc
esLabllshmenL 1hey are parLlcularly aLLracLlve Lo some law schools
because LhaL Lhey can be arranged aL llLLle cosL Cn Lhe oLher hand Lhe
sLudenLs experlence can vary greaLly and lL ls especlally dlfflculL for
Leachers Lo monlLor whaL has happened ln order Lo make use of lL and
provlde effecLlve feedback lL ls dlfflculL Lo assess Lhe sLudenLs progress
4

Many clinics combine all the beIore mentioned activities. For example, at the
beginning oI the clinical program the students are thoroughly taught some area oI
law (which may be taught in the general program only brieIly - Ior example
immigration and asylum laws), later they go through simulations to strengthen
their knowledge in practical way, and in the third part they come to contact with
real clients and solve their legal issues (this may be done also via placements, Ior
example in NGOs related to the area).
^eas of se^vice
Clinical legal studies exist in diverse areas such as immigration law, environmental
law, intellectual property, housing, criminal deIense, criminal prosecution,
American Indian law, human rights and international criminal law.
|5|
Clinics
sometimes sue big companies and government entities. This has led to pushback in
courts and legislatures, including attempts to put limits on who clinics can sue
without losing state subsidies.
|6|

enefits
O Learn|ng by exper|ence lnsLead of learnlng by means of LradlLlonal
lecLures Lhe sLudenLs are much more proacLlve parLlclpanLs ln Lhe learlng
process Lhey are learnlng by dolng 1helr lnlLlaLlve deLermlnes Lhe scope
of Lhe cllenLs problem Lhey plan and work for lLs soluLlon Such sLudenLs
are much more llkely Lo learn lf Lhey recognlse LhaL Lhelr success ls
deLermlned by Lhelr own efforLs raLher Lhan exLernal facLors (eg how good
Lhe lecLurer ls or whaL quesLlons have prevlously been asked on Lhe exam
paper) 1he key ls applylng Lhe knowledge noL [usL learnlng lL lL also calls
for reflecLlon and selfexamlnaLlon Legal praclLlcloners Lhemselves rarely
have Lhe Llme or opporLunlLy Lo do Lhls SLudenLs by conLrasL can examlne
Lhe legal and soclal lssues ln some depLh and Lhey can form Lhe basls for
looklng aL Lhe lawyers role and aL legal eLhlcs wlLhln a pracLlcal conLexL
1he resulL ls LhaL whaL ls learned ls far more llkely Lo remaln wlLh Lhe
sLudenL LhaL Lhe knowledge crammed for an exLremely arLlflclal
examlnaLlon paper
4








O Acqu|s|t|on of sk|||s Cllnlcal educaLlon embraces a sklllsbased approach
1hls means paylng as much aLLenLlon Lo Lhe processes assoclaLed wlLh legal
pracLlce e g Lhe sLrucLure of a leLLer Lhe lnLervlew wlLh Lhe cllenL face Lo
face negoLlaLlon as Lo Lhe legal conLenL of Lhe rules formlng Lhe
background Lo Lhe work done 1he skllls lnclude
4

4 eseotcb sklll
4 ommoolcotloo skllls
4 otetvlewloq
4 oooselloq
4 toftloq
4 -eqotlotloq
4 9toblem solvloq
4 otetpetsoool ooJ otqoolsotloool skllls
O Student mot|vat|on and deve|opment SLudenLs who work ln a legal cllnlc
are enLhuslasLlc abouL Lhelr experlence 1hey are selfmoLlvaLed and ofLen
hlghly commlLLed Lo Lhe work 1hey are more responslble for whaL Lhey do
and how Lhey do lL ln Lheory Lhe Leacher's role becomes more faclllLaLlve
helplng sLudenLs dlscover soluLlons for Lhemselves Accordlng Lo Lewls
many sLudenLs share dlsenchanLmenL wlLh Lhe classlcal law school 1o an
exLenL lnvolvemenL ln cllnlcal work can help reduce such feellngs and can
lnvlgoraLe fuLure sLudy lL can cause sLudenLs Lo Lhlnk agaln abouL whaL law
school offers and whaL dlrecLlon Lhelr fuLure career could Lake
4

O rofess|ona| eth|cs and respons|b|||ty 1he sLudy of eLhlcs and Lhe
professlonal responslblllLy and conducL of lawyers has been markedly
absenL from law schools ln conLrasL Lo medlcal schools Powever Lhere has
been a growLh of lnLeresL ln Lhls area ln recenL years and lL ls a sub[ecL
whlch arguably ls beLLer dealL wlLh ln a cllnlcal conLexL where Lhe ofLen
absLracL noLlons can be glven a pracLlcal conLexLLhe cruclble of Lhe cllnlc
allows moral lssues Lo be debaLed more openly Lhan wlLhln Lhe conflnes of
Lhe LradlLlonal currlculum
4

O Invo|vement w|th the |oca| commun|ty noL only unlverslLys sLudenLs buL
also lLs sLaff can be cuL off from Lhe local communlLy A law cllnlc can help
reduce Lhls lsolaLlon by maklng Lhe law school more relevanL Lo LhaL
communlLy ,osL obvlously Lhe mosL dlsadvanLaged members of socleLy
may galn some means of redress 8uL ln addlLlon Lhe young sLudenL may be
faced wlLh Lhe problems of Lhose from a dlfferenL generaLlon and
background 1hls experlence can add Lo Lhelr undersLandlng of Lhe poslLlon
of oLhers ln socleLy and can lncrease Lhelr maLurlLy and sense of
responslblllLy
4

P^oblems
O @he |ntegrat|on of the c||n|c w|th|n the |aw schoo| Lhls covers
4

4 llolc moy become lsoloteJ from Lhe law school lL ls lmporLanL Lo
llnk Lhe subsLanLlve law courses and work done ln cllnlc (le re
examlnlng cases from cllnlcs ln oLher lawclasses)
4 1he cllnlc may be marglnallsed and LreaLed as merely provldlng
povetty low setvlce Lo Lhe communlLy lnLroducLlon of cllnlcs requlre
embraclng Lhe dlrecLlon ln educaLlonal phllosophy whlch lles behlnd
Lhe Leachlng of skllls
O Staff|ng prob|em Lhere are usually Lo few unlverslLy Leachers who are
quallfled Lo pracLlce and very few of Lhese had acLually worked as lawyers
for any perlod of Llme
7

O kesources Lhe sLudenLs musL be lndlvldually supervlzed maklng Lhe
cllnlcal educaLlon much more expenslve compared Lo Lhe LradlLlonal classes
of large groups LxLra resources musL Lherefore be allocaLed Lo Lhe Leachlng
and runnlng of Lhe cllnlc Cn Lhe oLher hand cllnlcs are usually very popular
among sLudenLs Lherefore Lhe lssue arlses how Lo choose Lhose who can
aLLend Lhem
4

O |ff|cu|t|es |n superv|s|on and assessment Supervlslng sLudenLs ln Lhe
cllnlc ls sub[ecL Lo pressures whlch pull ln opposlLe dlrecLlons Arrlvlng aL
Lhe rlghL balance can be dlfflculL Cn Lhe one hand Lhe sLudenL learns besL lf
lefL wlLh as much conLrol over a case as posslble so LhaL Lhere ls room Lo
make mlsLakes appreclaLe how Lhlng may be done dlfferenLly and change
pracLlce or behavlour accordlngly lf 'learnlng by dolng' ls Lo be Lhe
lelLmoLlf lL ls no good looklng over Lhe sLudenL's shoulder all Lhe Llme Lo
correcL whaL ls belng done Cn Lhe oLher hand Lhe obvlous danger ls LhaL
Loo much freedom wlll be glven Lo Lhe sLudenL and LhaL Lhls could resulL ln
a poor or even negllgenL servlce belng provlded Lo a cllenL 1he publlc could
be used as gulnea plgs on whlch Lhe lnexperlenced experlmenL lL ls
Lherefore essenLlal for a sysLem of supervlslon Lo lnclude checks on Lhe
quallLy of work belng done eg Lhe approval of all leLLers senL ouL cerLaln
lnLervlews recorded flle enLrles checked and dlarles examlned lL ls also
cruclal LhaL Lhe supervlsor be glven sufflclenL knowledge of whaL Lhe
sLudenL has done ln order Lo provlde effecLlve feedback a nd ensure LhaL
Lhe cllnlcal work forms parL of Lhe skllls learnlng experlence ln Lhe end
also assessmenL of Lhe work has Lo be done ln some way oLherwlse Lhe
sLudenL may LreaL Lhe cllnlcal work as less lmporLanL
4

O @he dangers of pub||c serv|ce AlLhough Lhe ldea of provldlng free legal
advlce ls aLLracLlve Lo Lhose who wlsh Lo see Lhe unlverslLy become more
closely lnvolved wlLh Lhe wlder communlLy ln whlch lL ls based problems
can develop lf Lhe publlc servlce alm Lakes precedence over LhaL of
provldlng a sound and well rounded legal educaLlon
4

O ke|at|onsh|p w|th the |oca| |ega| profess|on Some may fear LhaL a legal
cllnlc offerlng free legal work wlll upseL Lhe law school's relaLlon wlLh Lhe
local legal professlon Powever far from reduclng Lhe amounL of work
done by local pracLlLloners Lhe cllnlc ls llkely Lo expand lL 1hls ls because lL
sLlmulaLes resorL Lo Lhe law and Lhe need for advlce ls lncreased ouL of
proporLlon Lo Lhe cllnlc's ablllLy Lo deal wlLh lL A referral sysLem Lo local
flrms for cerLaln Lypes of advlce or asslsLance ls essenLlal and Lhe number
of people Lhus senL Lo lawyers far ouLwelghs Lhe work Laken on by Lhe cllnlc
and whlch oLherwlse would have been dealL wlLh a law flrm lar from belng
a source of frlcLlon Lhe cllnlc helps Lo fosLer a closer relaLlonshlp wlLh Lhe
local legal professlon
4

USA
The Iirst wave oI clinical legal education in the United States began in the early
part oI the 20th century, shortly aIter the casebook method emerged in the late
1890s as a popular route to preparing Ior a career in law. The casebook method's
emphases on appellate judicial decisions and the Socratic method as the means to
teach the skill oI legal analysis were a departure Irom the three prevailing methods
oI American legal education in the 19th century: the applied skills training method
inherent in the apprenticeship system; the general education approach oI the
prevailing European legal educational model, which was adopted by some colleges
and universities in the United States; and an analytical and systematized approach
to the law as interconnected rational principles, taught primarily through lectures at
proprietary law schools. While the casebook method was gaining wide acceptance,
law students at several law schools in the late 1890s and early 1900s established
volunteer, non-credit "legal dispensaries" or legal aid bureaus to provide hands-on
opportunities to learn and practice lawyering skills and legal analysis, and also to
serve a social justice mission by providing legal assistance to those unable to hire
attorneys.
|8|

With the changes oI legal education in United States at the beginning oI the 20th
century came the need Ior practical education as opposed to booklearning.
Previously, a young law school graduates received their "clinical experience" in
pupillage, in which they were an apprentice to an established lawyer. The same
system was used Ior medical students; but at the start oI the 1910s hospital clinics
were already well established institutions oI medical education.
Especially aIter Iour-year law courses were established in American law schools
(such as Northwestern University, the University oI CaliIornia, and Yale), the need
Ior practical education became urgent. Legal aid clinics were meant to aIIiliate
with already established legal aid societies. They would have between ten and IiIty
positions (depending on the size oI the community), each having a stipend equal to
that usually paid in local law oIIices. A ProIessor oI Practice was in charge oI the
young lawyers, and the proIessor would have a staII oI specialists available in
particular branches oI law. The clinics were meant to provide maximum
educational value.
Northwestern Law School in Chicago has one oI the oldest oI the legal clinics, it
being Iirst established in 1910. In the USA clinics were set up partly because oI the
absence oI a Iormal trainee or apprenticeship position within the legal proIession.
Students are admitted to practice immediately on passing the bar exams.
|4|

By 1915 the plan to establish such law clinics was devised and approved by the
Chicago Bar Association. Approval by the New York Bar Association soon
Iollowed. The committee's chairman, W. V. Rowe, set Iorth the plan in the Iinois
Law Review:
Lvery large clLy and every unlverslLy Lown where ls a law school were supposed Lo
have sLudenL legal ald offlces lf Lhe Lown was Loo small Lo supply elLher meJlcol
ot o leqol bospltol wlLh sufflclenL varleLy of cases Lhen Lhls parL of Lhe lawschool
was supposed Lo be carrled on ln he nearesL meLropolls
9

In 1921, the Carnegie Foundation Ior the Advancement oI Teaching Iunded a study
on legal education, commonly called the "Reed Report" aIter its nonlawyer author,
AlIred Z. Reed. The Reed Report identiIied three components necessary to prepare
students Ior the practice oI law: general education, theoretical knowledge oI the
law, and practical skills training. To satisIy the requirement oI a general education
component, the Reed Report called Ior at least two years oI pre-law college
training - a proposal the ABA promoted, starting in 1921. At that time, not a single
state required a university-based law school degree as a precondition Ior admission
to the bar, proprietary law schools were still prevalent, and apprenticeships still
provided the basic legal training Ior many entering the legal proIession. In the
wake oI Rowe's early eIIorts to integrate clinical education into the law school
curriculum, and the Reed Report's call Ior practical skills training, John Bradway
and Jerome Frank pioneered the cause oI clinical legal education methodology in
the 1920s through the 1940s, advocating an in-house clinic as an essential
component oI sound legal education. Yet, despite the eIIorts oI Bradway and
Frank, only a handIul oI law schools instituted in-house clinical courses through
the Iirst halI oI the 20th century.
|8|

In spite oI there being old examples, clinical education as recognised today in the
USA really began in the 1960s. It spread rapidly. By 1973 oI the 147 US Law
Schools 125 reported having some Iorm oI clinical education. Many oI these
beneIited Irom Ford Foundation monies on condition that they supplied Iree
poverty law advice. These monies came to an end in 1979, and this led to a re-
evaluation and re-orientation oI the American programmes.
|4|

Uni9ed Kingdom
In Britain the development oI clinical education was much slower, and had no
special Iunding. By 1994, in spite oI all the problems oI locating such education
within the traditional university Iramework, 13 oI universities made use oI live-
client clinics. Two things combined to make it more attractive Ior UK law schools
to develop clinical programmes:
|4|

O ln 1993 Lhe Law SocleLy Lhe governlng body of uk lawyers gave up lLs
dlrecL conLrol over Lhe vocaLlonal sLage of educaLlon and leL unlverslLles seL
up Lhelr own skllls courses Lhelr fourLh year of Leachlng law lf Lhey
wanLed Lo Cardlff Law School was Lhe flrsL Lo do so and appolnLed several
law pracLlLloners Lo Leach Lhe skllls courses 1he lnvolvemenL of former law
pracLlLloners aL Cardlff and oLher unlverslLles led Lo an lncreaslng lnLeresL ln
how legal educaLlon ls dellvered 1here has been a sLeady rlse ln Lhe
llLeraLure deallng wlLh legal educaLlon lncludlng arLlcles on for example
meLhods for dellverlng Lhe skllls currlculum An umbrella organlsaLlon Lhe
Cllnlcal Legal LducaLlon CrganlsaLlon has been seL up Lo dlssemlnaLe
lnformaLlon abouL cllnlcal courses
4

O 1here ls greaLer chance of unlverslLles Lo geL funds from ouLslde Lo seL up
cllnlcal programmes 1here are aL leasL Lwo dlsLlncL sources
4

O @he State Lhrough communlLy legal servlces lnlLlaLlve
O Large Law I|rms ln 1997 a number of large flrms mosLly based ln
Lhe ClLy of London came LogeLher Lo seL up Lhe SollclLors ro 8ono
Croup 1hls charlLable naLlonal organlsaLlon provldes a coordlnaLed
response Lo legal need by worklng wlLh Lhe legal professlon Lo seL up
new lnlLlaLlves where free or reducedcosL legal advlce can be
provlded
Czec Republic
,olo ottlcle eotte fot llolcol leqol Jocotloo (9olock uolvetslty locolty of
low)
The Faculty oI Law at the Palacky University oI Olomouc had been closed in 1855
Iollowing the proIessors' and students' participation in the revolutionary
movement. It reopened in 1991. This helped to introduce new concepts into Czech
legal education, which were deemed inconvenient by the other older Czech
conservative law schools.
Following the model oI American law schools, in 1996 the Iirst legal clinics were
established at the Faculty, making it the Iirst law school in Central Europe with a
clinical program. Later in 2006 the Centre Ior Clinical Legal Education was
established to provide methodical aids Ior innovation in current school subjects and
to run the clinics.
As oI 2010, there are nine clinics, and this Faculty remains the only one in the
Czech Republic to provide clinical legal education.
Pol,nd
On 1 October 1997 the Iirst legal clinic was established at the Faculty oI Law and
Administration oI the Jagiellonian University. A year later a legal clinic was
established also at the University oI Warsaw Department oI Law, Iollowed by legal
clinics being established at number oI other universities with law education.
|10|






The Perspective of Clinical Legal
Education
Clinical Legal Education gathered importance globally due to its
potential to improve the quality of legal education. As law
graduates in India directly enters legal profession without any
further training or any Bar Examination, Law Colleges in India
share the entire responsibility of skill training. As a result Clinical
Legal Education assumes more importance in India.
The concept of practical problem solving, whether by working in a
laboratory or in the field, as an important means of developing
skills has been in acknowledged since time immemorial. However,
it was in 1901, that a Russian professor, Alexander Lyublinsky,
first proposed Clinical Education in law on similar lines as in
medicine.
Until Clinical programs entered the scene, skills training and
social justice work were for all intents and purposes, off the legal
education agenda. Legal doctrines dominated the Law School
syllabi, with virtually all instruction offered through classroom
courses dominated by traditional lectures in India. Legal
education was "Law School, not "lawyer school.
Introduction of Clinical Legal Education changed this scenario.
Clinical Legal Education is directed towards developing the
perception, attitudes, skills and sense of responsibilities which the
lawyers are expected to assume when they complete their
professional education. Thus, Clinical Legal Education provides
students with opportunities for professional and intellectual
development and prepares them for the practice of law, as
competent, and socially as well as professionally responsible
lawyers.
The earliest reference on Clinical Legal Education in United States
could be traced in the year of 1917. Since that time, Clinical
teaching has become an integral part of legal education in most
developed and developing countries. The global Clinical
movement started taking hold in the late 1960s; however, by
that time Law Schools in the U.S. took the lead in providing
Clinical Legal Education.
In most of the countries initially the primary focus of Clinical
Legal Education was on legal aid, social justice and professional
responsibility. However, this focus began to shift from client and
community service to teaching skills, particularly in U.S. due to
fading of student interest in public interest work.
Thus, the concept of Clinical Legal Education has evolved and
contributed a new pedagogy in the teaching of law. It, to a large
extent, also plays a crucial role in bridging the gap between the
theory and real-life practice of law, or at least the environment in
which they operate.
Clinical Legal Education took its roots in India in the late 1960s.
But Clinical Legal Education becomes integral part of curriculum
only when BCI introduced four practical papers to improve
standards in legal education in late 90s. These papers are aimed
at providing practical training to law students. Until these papers
were introduced in the curriculum, very little effort was made by
Law Colleges to train students in advocacy skills.
Clinical Legal Education in India offers an opportunity to make
integrative transformation of legal education and at the same
time make legal profession socially relevant. To make such a
transformation Clinical Legal Education should be viewed as a
method of teaching and understanding law effectively rather than
a component to offer mere skills.
The complexities of modern life require lawyers to play multiple
roles such as advisors, negotiators, arbitrators, mediators, and
administrators. The present day legal profession calls for much
more skills than what was required of a legal practitioner a
decade or so back. The field of lawyering is becoming highly
competitive in that sense. Therefore, every law college has to
structure in such a way to offer those skills that are required to
make students to meet the demands of the modern society.
The clinical experience was to made as part of an effort to
improve the quality of law practice, and to increase awareness
among lawyers about professional and public responsibility.
Clinical Legal Education justifies the existence of law school in
communitys context. The faculty will be benefited by the real life
situations. This enriched experience in dealing with practical
problems of the members of the society strengthens their
theoretical knowledge of law. This in turn garners the benefits of
teaching law in social context to the students.