Hukuk Öğretiminde Yeni Yaklaşımlar: Hukuk Klinikleri

Obstacles Facing Clinics: The Experience From the University of Jordan and the Street Law Clinic Solution ⁴⁴

Dr. Lina Shabeeb⁴⁵

The faculty of law in the University of Jordan started experimenting with clinical legal education (hereinafter CLE) since 2009; since then many obstacles against establishing legal clinics (hereinafter LCs) presented themselves, however, at different levels and to variable degrees; and, although most of the obstacles were foreseen, hence, prepared for, the best approach for tackling them was, and still is, an ongoing learning process for the supervising academic staff, the school’s administration as well as the students.

In this presentation, we will attempt at presenting these obstacles briefly, showing how the street law method was more effective and practical in addressing most of them.

The obstacles against the establishment and conduction of legal clinic are as follows:

1. 
   The educational system
   
2. 
   Financial
   
3. 
   Topic (political or social sensitivity)
   
4. 
   The culture of voluntarism (pro bono)
   
5. 
   Motivation (staff and students)
   
6. 
   Lack of trust
   
7. 
   Supervision
   
8. 
   Sustainability
   

I will attempt at addressing them one after the other, hopefully within the designated time.

1. 
   The educational system
   

In the first instances of considering the option of experimenting with CLE, the first issue that needed our attention is the topic of the clinic (which we will come to later); however, we were not spoiled for choices, other issues presented some challenges for us. First, there is the question of whether the LC should be provided as a credited course, or as an optional one. The answer in our case was that, although a credited course is a better option, the administrative and procedural obstacles against this made the non-credited course or optional course option more practical.

Second, there is the everlasting debate of whether such a course should be affiliated with the public law department or the private law department. The answer in our case was that it should be affiliated with the department of the professors who are working currently on LCs: the public law department.

Third, the question of the subject of the clinic; in our case, the best approach was to simulate the LC course to the existing courses that have a teaching methodology rather than a specific teaching subject, such as the courses on judicial application and especially legal research.

Fourth, the question of human rights and whether or not LCs should cover this topic. In our case, all our clinics cover human rights: 1. The refugee clinic, 2. The human trafficking clinic, 3. The clinic on torture.

In all four aspects of the educational system presented here, the street law option proved to be more readily available and allowed for overcoming most of these obstacles for many reasons:

• 
  It is more acceptable by law as well as other academics, because they are more familiar with its concept.
  
• 
  It provides a very good medium for community education in sensitive human rights issues.
  
• 
  Many other reasons, which will be addressed gradually in this presentation.
  

2. 
   Financial
   

One of the most challenging obstacles against LCs is the question of how to finance them; even in the most advanced countries in CLE, financing LCs is the most demanding issue. In our case, a major part of the cost was endured by supporting NGOs.
Many international NGOs are interested in the issue of advancing legal education while providing access to justice for the indigent; therefore, finding a supportive NGO should not be difficult. In addition, many of the administrative costs are already born by the University, by providing classes, the infra structure, the administrative staff… etc.

In addressing the financial obstacles, many issues need to be addressed, especially the following:

First, the question of whether the LC should be a voluntary course, or should we pay for it, and to whom: academic staff, administrative staff or students? To start with, the issue of paying students for their trouble or effort is always not advisable, for many reasons, the least of which is that this – to a great extent – defies the whole purposes of CLE and access to justice; however, students should be reimbursed for any costs they may bare. As presented earlier, usually the administrative staff’s services are already covered by their wages paid by the University. As far as the academic staff are concerned, having LCs as a credited course will solve the problem, otherwise, professors can be granted supervision hours.

Second, where to get financial support? In general, the internal financial support option (i.e. from the University budget) is preferred to the external one and the local financial support (i.e. from Jordan) is preferred to the international one. Unfortunately, external support, especially from international NGOs is, the least to say, usually frowned upon; hence, it must be approached cautiously.

3. 
   Topic
   

As presented earlier, LCs are not taught courses, they are closer to skill training, hence, sometimes specifying the field of law that this clinic is covering may not be readily available; for example, when the clinic is specialized in providing legal aid. This, to an extent, poses a problem for presenting LCs as a course in the law curriculum; therefore, street law clinics provide for a better chance being related to a specific field of law, providing for a better chance in adding LCs to the curriculum.

4. 
   The culture of voluntarism (pro bono legal services)
   

Pro bono legal services are not well established in the Jordanian legal system and in the Jordanian Bar Association JBA. At the same time, the concept of community support to the indigent is closer to material donations rather than the provision of free services or assistance (i.e. to give rather than to do). However, most schools in Jordan encourage community services one way or the other, although, admittedly private schools have better systems therein.

On the other hand, there is a large number of Jordanian and international NGOs that, not only provide for several facets of legal services, including free legal services, but also, most of them are well-established and highly professional.

In our case, one of the NGOs, which were working with us at the first instances of LCs was disbarred, partly because they provided free legal services without the JBA permission. Therefore, to avoid any opposition from the professional field, the best approach for the time being is the street law option.

5. 
   Motivation
   

The question here is: how to motivate both staff and students to accept and participate in a new and unfamiliar method.

Obviously, providing LCs as a credited course is the best means for motivating both staff and students. Meanwhile, other motivators can be used for both, staff and students. In case of academic staff, motivating law professors proved to be one of the most challenging obstacles facing LCs. One of the suggested solutions is to grant the clinic manager or supervisor credit hours for academic supervision over a group of students.

Motivating students, on the other hand, can be easily approached; some of the student motivators that proved to be effective are:

• 
  Accounting the students’ work as part of the compulsory hours of community services, according to the curriculum.
  
• 
  Choosing interesting topics that attract students.
  
• 
  Street law clinics, which proved to be highly motivating for students, who tend to appreciate the degree of empowerment, being at the information providing end rather than the receiving end.
  
• 
  Certificates of participation or thank you letter, to add to their CVs.
  

6. 
   Lack of trust
   

One of the obstacles against the establishment of LCs is the lack of trust in the students’ ability to deliver; which is, somewhat, unjustified, In general, this lack of trust in the students came from several parties: the school’s administration, the academic staff, the community at large and the students themselves; however, although this was easily changed overtime and all involved parties are becoming more confident in the students’ ability; the staff’s skepticism in students proved to be more resilient to this change.

In this regard, the street law clinic proved to provide for less skepticism than the legal services clinic; it seems that all stakeholders tend to trust the students’ ability in raising the awareness more than they ability to give legal advice.

7. 
   Supervision
   

The issue of supervision is one of the most important obstacles against establishing LCs, however, there is great difference in the quality and degree of supervision between street law clinics and legal services clinics. Supervising street law clinics proved to be less challenging and more available to academic staff, simply because it, more or less, involves overlooking and assessing students on an aspect that comes from the same field of the academic staff: education. Supervision in legal services clinics, however, proved to be much more challenging; especially in two aspects: experience and cost.

The main question here is how to supervise a clinic? The lack of experience in CLE is one of the ongoing obstacles facing the development of LCs; even with the constant exchange of experience with other universities, the experience in supervising LCs can only be acquired by hands-on practice. Another question would be: who should supervise the clinic? A member of the academic staff, or practicing lawyers? or maybe a member of the academic staff who is also a lawyer? Either way, such supervision is bound to incur cost. In our modest experience, more than 60% of the budget was spent on supervision.

8. 
   Sustainability
   

This is an ongoing problem for all clinics, no matter how advanced or well established they are. It is the reason why establishing LCs as a credited course is taking this long in the law curriculum, because it is better to build a sound infra structure for LCs, taking into consideration all aspects of their sustainability, rather than rushing into this matter without considering the long time prospects therein. Hence, sustaining LCs proved to be more challenging than establishing it from the first place; therefore, a simplistic approach and expectations from LCs will allow for a better chance in this regard. This applies to street law clinics, which are simpler to administer and supervise and are more cost effective, hence, provide for more prospects of sustainable LCs.

Thank you for your attention.

Law school clinics: a model for all seasons (and places?) ⁴⁶

Full address of author for correspondence, including telephone and email address: York Law School, University of York, York, YO10 5GD; Tel: [phone]; e-mail: [e-mail]

Biographical details: Richard Grimes qualified as a solicitor in 1977 and worked initially in a law centre and later as a full-equity partner for a provisional law firm, handling a wide range of, principally, publicly funded (Legal Aid) cases. He has retained an interest in law teaching and research as well as legal practice in the belief that the one informs the other and has worked at several universities in England and Ireland. In 1990 he joined Sheffield Hallam University where he established an in-house solicitors’ practice in which undergraduate law students handled real cases under professional supervision, as an assessed elective. He was seconded to the University of the South Pacific from 1995 – 1997 where he became the Director of the Institute for Justice and Applied Legal Studies. In 1998 he was appointed Head of Law and Professor of Legal Education at the University of Derby and in 2000 joined The College of Law as Professor and Director and of Pro Bono Services and Clinical Education. From 2006 to 2010 Richard acted as an independent consultant on a variety of legal education projects in the UK and further afield including in Afghanistan, Iran and Nigeria. He is now Director of Clinical Programmes at the York Law School, University of York. He has published widely on clinical legal education issues and in the legal skills field. He remains committed to learning by doing and to improving access to justice.

Summary:

This article looks at access to justice in the context of histories, past or present, of armed conflict and civil strife. It takes as a starting point the importance of the rule of law as one, if not the only (or even most suitable) means of rendering accountable those who violate rights and prevent the uptake of entitlements. Given the relative lack of infrastructure in many jurisdictions with such a background it is often problematic for indigent people to secure legal help. To address such unmet need non-governmental organisations (NGOs) and legal educators (and in some instances government departments), are coming together to establish legal clinics through which clients and communities can be assisted. Where these clinics are based in or supported by law schools, students, under professional supervision, can develop their knowledge skills and values by applying principle to practice. The article draws on the author’s direct experience in countries in or emerging from conflict and asks to what extent legal clinics can provide an appropriate, relevant and sustainable service that meets the needs of all stakeholders? Also, are there lessons to be learnt; is there a ‘clinical’ model that can be adapted and implemented in jurisdictions with access to justice challenges?

Keywords: access to justice; pro bono; Legal Aid; legal education; law school clinics; and the rule of law.

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