Abstract
Clinical legal education (CLE) developed in the United Kingdom (UK) in three distinguishable phases since the 1970’s. Engagement with clinical programmes in other countries led to the creation of the UK’s Clinical Legal Education Organisation (CLEO) in 1994, modelled closely, at least at the time, on its US equivalent and forerunner, the Clinical Legal Education Association (CLEA). This not only provided a forum for discussion, but soon grew into a body that could encourage, promote and support law clinics more widely. Another important driving factor in the promotion of CLE in the UK was the establishment of the International Journal of Clinical Legal Education in 2003. Since its establishment, annual internation conferences have been arranged alongside the publication of papers in the journal.
Reports reflecting the growth of law clinics from the early 2000’s indicate that there are now more than 80 law schools running clinical programmes, representing over 75% of the total number of educational institutions teaching law at degree level across the UK. Many of these law clinics are now integrated in some way into the law school portfolio, with almost 60% carrying academic credit.
Some law clinics operate in partnership with academics and legal practitioners, while others function as specialised law clinics. Partnerships between law clinics and other entities in the legal service sector have been effective in expanding service provision and capacity building. For example, LawWorks (an NGO) has worked closely with law clinics and others by hosting meetings and providing resources. This collaboration has been driven, in part, by the decline of legal aid in England and Wales. In return for cases handled by the law clinics, LawWorks offers umbrella professional indemnity insurance cover.
A major factor influencing law clinic development is that host universities’ activities are measured against an employability benchmark. Academics are required to hold a PhD, resulting in fewer practitioners being able to work as full-time academics immediately after leaving practice, with law clinics consequently struggling to recruit qualified lawyers to teach. The Research Excellence Framework benchmark has also caused law schools to become more research focused.
Another benchmark measures universities on the different ways in which they engage with external partners. As academics are no longer viewed solely as teachers, the impact on law clinic teachers is that they have holistic, multidisciplinary opportunities for study, service and impact. This can include engagement with business and community groups, the rationale being to promote the provision of knowledge for the benefit of the economy and society. In order to achieve these benchmark targets, many law clinics have introduced policy clinic work, in which they conduct research for external organisations, such as charities and NGOs, with the aim of influencing policy and law reform. Students in policy clinics usually conduct, under supervision, a literature review of the research area, design an applicable methodology, collect and analyse data and finally write a report for the client. The supervisor may in turn produce a publication.
The Law Society of Scotland established a vocational Professional Education and Training (PEAT) programme, which commenced in 2012. Law clinics were considered an appropriate setting for students to gain applied knowledge and skills. Clinical methods came to be recognised as a legitimate part of the curriculum, although they were not credit-bearing courses or formally part of the curricula in the early years. Strathclyde Law Clinic led the CLE movement in Scotland following its establishment in Glasgow in 2003. Others followed and there is now only one of the 10 accredited LLB universities without a law clinic.
Law clinics gained traction through CLEO membership and collaborations with law clinics across the UK, as well as through the Scottish University Law Clinic Network (SULCN), which provides a platform for law clinic students to disseminate ideas.
Following Scotland’s devolution in 1998, education and most areas of law became “devolved matters” within Scotland’s legislative and policy remit. The choice of law clinics at each university has been influenced by location, local expertise, community needs and resource availability. There are, however, still underserviced areas across Scotland without adequate access to legal services, especially those outside the Central Belt. CLEs vary from stand-alone courses and specialised law clinics to Street Law programmes. At some clinics, these courses form part of both undergraduate and postgraduate students’ studies. Some clinics operate in partnership with other organisations, whilst others are supported by their law schools, although they remain non-curricular.
Wales has seven law schools, five of which have clinical programmes. Cardiff Law School has operated different law clinics since 2005. Some of the law clinics developed organically as opportunities arose, although not all of their activities fit neatly within a traditional law clinic or policy clinic framework. COVID-19 lockdowns forced a retraction at Cardiff, further precipitated by a significant rise in student numbers. The clinics currently focus on labour-intensive policy and hybrid clinics, particularly within their environment-focused law clinic. Other Welsh law clinics are also discussed, where a wide range of activities are offered. Wales does, however, have its fair share of “advice deserts”. Young lawyers, some with law school clinical training, are currently discussing potential solutions.
Almost every Irish law school, in both Northern Ireland and the Republic of Ireland, currently offers CLE programmes to both undergraduate and postgraduate students. Three categories of CLE training are identified: accredited externships for undergraduate students; Street Law programmes for students at all levels of study; and law clinic training for all LLM students.
The future of law clinics in the UK may, to a large extent, depend on factors outside the direct control of clinic staff. Student numbers are increasing constantly. There is less investment of partnership time by pro bono practitioner mentors because, following the COVID-19 lockdowns, they reverted to hybrid working and established new law firm business models. Universities’ workload allocation models dictate sometimes unreasonable time constraints on academic roles, leading to less scope for work that is not recognised by employers, and tension between demands for research outputs and student employability expectations and needs.
Keywords: clinical legal education; clinical methodology; experiential education; externship; law clinics; live client clinics; seminar instruction; simulations
- This article’s featured image was created by Joaquin Carfagna and obtained from Pexels.
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’n Wêreldoorsig van kliniese regsopleiding: die Verenigde Koninkryk en Ierland