CLINICAL LEGAL EDUCATION:
COMPARATIVE GLOBAL
Legal
Education &
Public Interest
Lawyering in
East Africa: The
Role of
University –
based Law
Clinics
MODELS
Feb.5-6, 2014
Kampala, Uganda
GENERAL HISTORY-OVERVIEW
Development
of CLE: 1960’s- 1970’s (US)
Idea borrowed from medical field—good pedagogical tool
Conducive environment/social factors—rights movement
Clinics mostly related to social justice objectives & challenging
status quo
Institutional support from American Bar Association—student
practice rules; accreditation (pushing for CLE at law schools)
Institutional/Uni support to make CLE part of the law school
curriculum
Trend spreads to the Americas & Africa –models & focus shaped by
context social factors & needs in the regions
CLINIC MODELS
Walk-in
legal aid clinics :widely across Africa, Americas; support to
indigent; good exposure for students to live cases & clients; engage
students in client representation; ethical dilemmas; honing of legal
research & writing skills; responsibility for another human being;
attention to the client.
Clinic course (with simulations): no live cases, purely pedagogical tool
& not service oriented. Main goal-teaching legal skills through
simulation.
Volunteer/Student-led clinics: not part of the curriculum, student-led
initiatives that focus on engaging communities- legal assistance,
referrals, legal empowerment.
Thematic specific clinics: tax, intellectual property, women, children,
domestic violence, immigration, PwD, Human Rights, small business. (USwell funded CLE)
Street law/community law model: students visiting
schools/communities to teach about the law, constitutional rights. Legal
empowerment focused!
Strategic litigation clinics (public interest): focus on achieving
fundamental legal, institutional reforms and tackling structural issues
perpetuating human rights or constitutional rights violations at national
or regional levels.
Accredited
course- part of law school curriculum (elective)
Clinic seminar –teaching skills on legal representation, client-centredness, legal
research & writing, trial advocacy, simulations, class discussion of cases & ethical
issues;
Live cases/projects assigned to student teams-full responsibility to handle cases
& projects with minimal staff oversight; -cases address wide range of international
human rights issues;
Supervision by clinic staff—close supervision to mentor students on client
representation and making court submissions;
Student exposure:
--Exposure to live international human rights issues, jurisprudence, socioeconomic and political context in other countries;
--Exposure to using the law as a tool for social change & legal or institutional
reform
--Generating student interest & commitment to human rights law practice
--Enables ‘student agency’ in playing an active part in fundamental reforms
Fora: Regional and International Courts/Mechanisms targeted
 (ie: Inter-American Commission on Human Rights; UN mechanisms);
Strong
emphasis on pedagogy- CLE as a tool to impart legal skills
Legal aid clinics- service oriented; expose students to needs/rights of indigent
Specialized clinics- specific thematic focus clinics
Human rights clinic model- first developed in the US & spread to the Americas
Enabling factors:
Social context—1960’s rights movement; interest in social justice & human rights
Support by ABA—CLE becomes part of law school curricula; accreditation raises
CLE profile
Student practice rules enables students to litigate cases w/ staff supervision
Additional institutional support- CLEA; clinical conferences & networks, funders
w/ CLE interest
Accreditation has made it easier to secure funds from core university budget
Interest in practical approach to teaching law in US (no mandatory internship
reqm’t)
Legal
services model predominate in Africa—influenced by social context!!
Majority of universities in Africa with law departments/schools have a law clinic.
With exception of SA & Nigeria, boasting clinics in most of the law schools across the 2
countries; most other countries may have established clinics only in the leading or main
universities; CLE still not widespread across the region. Some have yet to establish a
university-based law clinic as such.
Factors affecting development of predominant CLE in Africa: SOCIAL CONTEXT
--access to justice focus/meeting overwhelming demand for services by indigent
communities
--filling the gap left by State
-focus on professional training – “learning by doing”
-weak
funding sources—limited university budgets;
-not focused on changing status quo or generating fundamental legal reforms
Exception: SA –strong institutional support-State sponsors/supports university-based law
clinics- recognize role in promoting access to justice and complementing State duty to provide
legal services
Recent trend- specialized clinics--example: HIV clinics & PwD clinics (external support)
No human rights or strategic litigation clinic model in the region—trend has not developed
as yet.
Why not?? Limited political space to challenge gov’t action; limitations on student practice
in court; formalistic law curriculum w/ focus on theory or commercial law?
POTENTIAL OF HR MODEL IN AFRICA
Student
exposure: expose students to public interest law, human rights
and social justice issues
Skills building: Hands-on experience with live cases & projects (critical
legal analysis skills; human rights fact-finding and documentation; legal
research & writing; advocacy skills; strategic lawyering skills; public
speaking & presentation skills)
Agents of change: placing students at center of social change actions;
students become players in fundamental legal & intuitional reforms
Professional training: placements w/ human rights NGOs (w/
supervision) hones professional skills
Commitment to public interest/human rights law- training a new
generation of public interest lawyer; lawyers socially conscious and
aware of civic duties to their community.
Bridging the gap between theory & practice: applying human rights law
to real-life contexts & cases; students learn to appreciate and respond to
complex socio-legal issues in context!
Learning in context: students exposed to topical issues and learn to
address them through interactions with local human rights experts,
advocates & activists; not purely theoretical learning.
CHALLENGES
Securing
funding (weak university
support/financing); must compete for funds from
external donors
Limited political space to allow for HR clinics
challenging status quo
Formalistic law curricula w/ little appreciation
of the human rights clinic model
Limitations on student practice in courts
National judicial system/judiciary
rigidity/formalism