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What Clinical Legal Education Is

Chapter Forty-Nine

Syllabus topic 4, "Clinical Legal Education - Legal aid, Legal Literacy, Legal survey and Law reform"

Pages 174 to 176 of 543

In one line

Clinical legal education is teaching law by having the student do legal work under supervision, and the four things MU's label names are connected because the clinic is where a law student meets a poor client, teaches them their rights, finds out how the law is working, and produces the evidence that changes it.

In the wording a student can write in an exam: clinical legal education is the method of legal instruction in which a student, under the supervision of a teacher or a practising advocate, performs the tasks of a lawyer, whether for a real client in a legal aid clinic or on simulated facts, and reflects on the performance; the topic joins it to legal aid, legal literacy, legal survey and law reform because the clinic is at once a teaching institution, a delivery point for statutory legal services, a means of spreading legal awareness, and a source of the empirical material on which law reform depends.

Reading MU's label

The label is one topic with four things after a dash, and a candidate who treats them as four unrelated topics will write four disconnected answers.

The connection is the clinic itself. A law college legal aid clinic does all four: it teaches the student, it delivers legal aid, it runs legal literacy work in its area, and its records are a legal survey of what is happening to people in that area.

And the fourth follows from the third. A survey that shows a rule is not working is what a law reform proposal is built on. Chapter 740 closes that loop.

So the module has a shape: what the clinic is, chapters 460 to 520; the legal aid it delivers, 530 to 640; the literacy it spreads, 650 to 670; the survey it makes possible, 680 to 700; and the reform that follows, 710 to 750.

What the words mean

Clinical. Borrowed from medicine, and the borrowing is the argument. A doctor is not taught medicine only from books; they are taught in a clinic, on patients, under supervision. The claim is that law is a practising discipline in the same sense.

Legal education. Not legal aid. The clinic exists to teach; the service it renders is real, and it is also the means of instruction.

Under supervision. This is what separates a clinic from unqualified practice. A student is not an advocate, may not appear except as section 32 of the Advocates Act allows, and works under a supervising advocate or teacher.

And a vocabulary the rest of the module uses. A legal services clinic is the statutory institution recognised by the NALSA (Legal Services Clinics) Regulations 2011; a para-legal volunteer is a trained person who is not a lawyer and who staffs a clinic under those regulations; and a panel lawyer is an advocate on a legal services institution's panel, paid to conduct an aided case.

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