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University Legal Aid Clinics: A Growing International Presence with Manifold Benefits

Author: A McCutcheon
Date: 2000
Size: 15 pages (861 KB)

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Summary

The number of university legal aid clinics throughout the world is increasing. But what are the benefits of introducing them? And what is the best way of establishing these types of clinics?

This article focuses on how university legal aid clinics are being utilised, in many countries, to pursue social justice goals. The author also looks at the substantial benefits these clinics can offer to developing countries, if supported by legal practitioners, educators and donors. The examples used are clinics that aid under-privileged areas of their societies with the goals of improving people's lives, securing justice, and advancing civil, political, economic, social or cultural rights. In this instance, a university legal aid clinic is defined as a clinic in which law students provide actual client services. The report concludes with some advice on how to initiate these types of university programmes and to help them strive for social justice goals.

There are a great number of benefits of university legal aid clinics. The most significant is that they provide free legal advice for people normally deprived of such a service. Clinics can operate as both an addition and counterpart to needy legal services. In India and South Africa, for example, clinics employ a financial means test to check possible clients. Other potential social justice benefits include:

• Improving legal education: Students gain practical 'lawyering' skills by assisting clients on 'real-life' issues. Also, this experience can guide students in appreciating the complexities of legal theory. In addition, it allows them to seek out shortcomings in legal systems or procedures.
• Generating broader social impact: A number of clinics greaten the effect of their work by focussing on specific legal questions or population groups, such as women, HIV/AIDS patients, refugees and asylum seekers.
• Encouraging public interest law: Clinics acquaint students with the idea of utilising the law for social justice purposes. It is hoped that this experience brings about a 'new consciousness' and an increase in public interest law firms.
• Enhancing access to the profession: Problems of access due to an excess of law graduates compared to apprenticeships available, thus depriving the profession of diversity. In providing apprenticeships, clinics can alleviate this problem.

University legal aid clinics are now very much in evidence in many areas of the world. However, what lessons can be learnt for countries considering introducing this system. What is the easiest route to success for these clinics? Some suggestions include:

• Examine the procedures of other well-performing clinics, especially ones that function within comparable legal, socio-economic, and educational environments.
• Universities should try to take-on clinic leadership from within the law faculty, and ensure that clinic teachers operate on an equal basis to other law professors.
• Increase community access through community-based client consultations, whilst thinking about liasing with community-based organisations and NGOs.
• Regard oneself as part of a regional movement. Common problems then seem less daunting and joint research can be carried-out and answers gained.
• If clinic students are not allowed to make court appearances this should not be an obstacle to the introduction of a university clinic.
• Examine the idea of training legal apprentices who wish to gain access to the profession.

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Source: McCutcheon, A. 2000 'University Legal Aid Clinics: A Growing International Presence with Manifold Benefits' in Many Roads to Justice: The Law Related Works of Ford Foundation Grantees Around the World, Ford Foundation, New York.