What forms can clinic take?

Clinic can take a great variety of forms. The big question is whether you go for a simulated or (so-called) live client model – we look at the pros and cons of each in question 4.

Simulated clinics

The term ‘simulation clinic’ is used to describe any learning environment that sets out to simulate (some aspects of) the experience of live practice. I suggest that a proper simulation clinic is more than ‘just’ a module using skills-based teaching and learning. In particular, it tends to go beyond the use of discrete exercises to involve a significant element of experiential and problem-based learning through the use of extensive case simulations. The aim of a good simulation is to create realistic and adequately complex problems through which students can get a feel of practice, both in terms of developing technical knowledge and skills and experiencing the value conflict and uncertainty that often accompanies professional work. Examples of this kind of programme in the UK are the Warwick Legal Training programme at the University of Warwick and the Legal Process course at the University of the West of England.

The main strengths of simulation clinics are that they are generally simpler to set up, rather less resource hungry and time intensive, certainly when compared with in-house live client clinics, and, some would say, provide a more managed and perhaps predictable learning environment for students – again see further the discussion in answer to question 4.

Live client clinics

If you are looking to develop a live client approach then you need to decide what kind of clinic you want. There are three key sets of variables to consider:

• full practice or limited representation?
• general advice and assistance or specialist/pro bono/public interest orientation?
• in-house or externship?

In answering each of these questions it is likely that a key determinant will be the breadth of supervision and other resources that you have available. But it is not just a pragmatic decision. Consider carefully what your values and objectives are in setting up a clinic, then decide which model best serves those objectives (see specifically questions 3, 4 and 5, although this issue underpins virtually everything written here).

What degree of representation?

Just how much of the representation do you want your students be involved in?

• full representation – students normally manage the entire transaction or piece of litigation, as they would in a law firm (for example the Student Law Office at Northumbria University, or the law clinics at Sheffield Hallam and Kent)
• partial representation – students normally fulfill only part of the lawyering role, for example they give initial advice and representation before referring the case on to another agency, or they provide primarily case preparation and advocacy services (for example, for the Free Representation Unit)
• a ‘cause lawyering’ orientation where the emphasis is as much on campaigning or education as it is on ‘conventional’ legal representation of a class or individual – one example of this kind of approach is the work of the criminal justice clinic at the University of Newcastle, Australia
• the ‘street law’ model can be seen as a specialised extension of the cause lawyering outlook, where law students are directly engaged in providing ‘rights’ education or supporting projects in conflict resolution or legislative reform for specific groups or communities. Street law was pioneered in the US and South Africa, and has expanded into a global network. UK examples include the College of Law’s work with prisoners and schools and the University of Warwick’s human rights project with local sixth formers. See generally the website of the Street Law organisation.

Generalist or specialist?

How far do you want to limit the kinds of cases that the clinic deals with? A generalist clinic may aim to replicate ‘high street’ practice by taking on a wide range of matters (although many of these will not undertake conveyancing or criminal representation, so as not to impact on the ‘bread and butter’ work of the local profession). Others will set out to specialise – this may be in either contentious or non-contentious work. Many American law schools have gone down the path of specialisation, but usually within the setting of a school that offers a number of clinic programmes. Some examples of specialist clinics include:

• the internship programme developed by the Centre for Capital Punishment Studies at the University of Westminster, which sends students to the US, Commonwealth Caribbean and a growing number of other jurisdictions to work on post-conviction appeals against capital sentences. Similarly, the American Legal Practice option at the University of Central England also offers ‘Death Row’ and other externships in the US.
• a poverty law/community legal service orientation – this model is widespread in US and Australian programmes, and good examples are the Kingsford Legal Centre at the University of New South Wales and the Springvale Monash Legal Service at Monash University in Australia
• the FRU option at the Inns of Court School of Law, City University, London (employment tribunal representation)
• the Community Advocacy Clinic at Cleveland State University, USA , which undertakes legal audits, conducts workshops and provides consultancy as well as legal counsel for not-for-profit organisations in the locality
• the Mediation Clinic course at the University of Windsor, Ontario, where students act as mediators rather than mediation advocates in a variety of civil matters

In-house or externship?

Externships, also rather confusingly called internships, are clinical programmes designed to be delivered in conjunction with and often under the supervision of an outside agency – usually a law centre or such like. (Some pros and cons of externships are identified in question 5.)

Last Modified: 2 August 2010