SciELO - Scientific Electronic Library Online

 
vol.18 issue7A critique of the Unemployment Insurance Amendment Bill, 2015RAF v Sweatman (162/2014) [2015] ZASCA 22 (20 March 2015). A simple illustration of the SCA's statutory misinterpretation of section 17(4)(c) of the Road Accident Fund Act 56 of 1998 author indexsubject indexarticles search
Home Pagealphabetic serial listing  

Services on Demand

Article

Indicators

Related links

  • On index processCited by Google
  • On index processSimilars in Google

Share


PER: Potchefstroomse Elektroniese Regsblad

On-line version ISSN 1727-3781

PER vol.18 n.7 Potchefstroom  2015

http://dx.doi.org/10.4314/pelj.v18i7.11 

NOTES

 

Clinical legal education models: Recommended assessment regimes

 

 

MA du Plessis

BA LLB (Stell) LLM (Wits) PhD (Wits). Associate Professor, School of Law, University of the Witwatersrand, Johannesburg. Email: Riette.duplessis@wits.ac.za

 

 


SUMMARY

Clinical legal education (CLE) forms part of the LLB curriculum at most South African Universities. There are many similarities in the approach to CLE, but often also many differences. The clinical models of four South African university law clinics are reviewed in an effort to find suitable models. It is indicated that formulating a mission for the law clinic will have a direct impact on the clinical model chosen. The integration of CLE courses into the core curriculum of the law school will reveal CLE's value as a teaching methodology. Pedagogic aims can be set and achieved as CLE has intellectual worth in that it enables students to better understand concepts and principles of law and the application thereof in practice. It is therefore recommended that CLE courses be mandatory. The pedagogy of CLE is comprised of three basic components, namely clinical experience, tutorial sessions, and classroom instruction. The extent to which these three components find application in the four South African university law clinics under review is indicated. The principles of assessment are stated. Assessment methods appropriate for application in CLE courses, as indicated in a comprehensive study of the topic,1 are discussed as to their applicability to CLE courses in the South African environment.

Keywords: CLE; clinical legal education; curriculum; assessment; law clinic; CLE model; clinic mission; CLE pedagogy


 

 

Success is not final, failure is not fatal: it is he courage to continue hat counts.

Winston Churchill.

 

1 Introduction

Clinical legal education (CLE) forms part of the LLB curriculum at most South African Universities,1 as well as in many of the LLB curricula in other countries.2 There are many similarities in the approach to CLE, both locally and abroad, but there seem to be as many if not more differences in the approach, particularly relating to student assessment. CLE is continuously evolving in the South African university law clinic environment. Experimentation with clinical models and assessment regimes may result in successes and failures in varying degrees, providing valuable experiences for future progress.3

The success of a CLE model or programme is determined when measured against an effective assessment regime.4 The CLE model will be informed by the mission of the clinic and whether or not the CLE course is mandatory. The aim of this article is to provide guidance to university law clinics in the design or review of their clinical programmes incorporating CLE.

The curricula of four South African university law clinics will be reviewed, namely those of the universities of the Witwatersrand (WLC), Pretoria (UPLC), Johannesburg (UJLC) and the Free State (UFSLC).

 

2 Determining the mission of the clinic

In order to design assessable content to clinical programmes, it is imperative that the clinic has a clear mission. In most law schools, CLE is taught in a live-client environment. Hyams indicates that the

[c]linic has a broader mandate than just the integration of practical legal skills with knowledge of the law.5 Clinicians can (and should) take on the mantle of teaching for lifelong learning, which includes three additional requirements of a professional ... autonomy, judgment and a commitment to lifelong education.6

The four South African universities under review formulated clear mission statements. The vision and mission statements of WLC read:7

Vision: WLV aspires to be a leading ULC, nationally and regionally and globally recognized for its excellence in teaching, professional service, research and its innovative collaborative partnerships.

Mission: To maintain the benchmark status amongst domestic law clinics whilst broadening our clinical footprint regionally and internationally;

To develop and provide an effective and progressive clinical programme for students, encapsulating the fundamental tenets of experiential learning;

To provide a professional and quality legal service to the community, as a teaching methodology;

To promote, encourage and support published research by clinicians.

At UPLC the mission statement reads:8

To use the practice of law (simulated and actual) as a context to teach and research substantive and procedural law, ethics, professional skills, effective interpersonal relations, appropriate dispute resolution techniques and the ability to integrate law, fact, procedure and values; to provide quality legal services to the indigent thereby increasing access to justice; to promote access to and transformation of the organised legal profession by providing opportunities and training to candidate attorneys especially those from previously disadvantaged groups; and to foster a commitment in staff and students to build a society based on democratic values, social justice and the rule of law.

UJLC states the aim/mission of Applied Legal Studies,9 which is incorporated into their clinic, as two-fold, as being the:

...clinical legal education of final year LLB students, with the focus on analytical skills, the application of theory and an appreciation of the practical nature and consequences of theory; and the rendering of free legal services to the indigent according to the guidelines of the Attorneys Act and the Law Society of the Northern Provinces.

The CLE project at the UFSLC is described as:10

...a venture conducted by the University's Faculty of Law, where primarily: a) members of the indigent society of the greater Mangaung area of the Free State Province, that qualify in terms of a means test, receive free legal services; and b) final year students of the Faculty receive practical legal training, are exposed to various aspects of legal practice and engage in community service learning projects.

Once the clinic's mission is determined, it will be the foundation upon which the subsequent student and institutional outcomes, curriculum, teaching methods and assessment will be constructed.11

 

3 Should CLE be a mandatory/core course in the LLB curriculum?

The integration of CLE into the core curriculum of a law school will reveal its value as a teaching methodology,12 whilst when it:

...remains a separate enterprise from the core teaching of law it is vulnerable to being undermined due to ideological opposition, changing educational fashions or resource cuts.

Pedagogic aims can be set and achieved, as CLE has intellectual worth in that it enables students to better understand concepts and principles of law and the context within which these operate.13

De Klerk supports this position and posits that no law school can claim to produce competent graduates without clinical experience,14 as "(t)here is no substitute for the real thing." He is critical of curricula which offer CLE as an elective, as students will be allowed "to enter the practice of law without ever having seen a client, been inside a courtroom or interviewed a witness." These sentiments are echoed by many South African scholars and practitioners,15 as:

[t]he ability to handle facts ... must be developed in an environment in which the presentation of facts resembles that in the real world.16

It is therefore recommended that CLE be incorporated as a mandatory course in the LLB curriculum.

CLE is offered as an elective course at UPLC.17 In discussing the advantages of CLE, the Director states that [s]tudents wanting "to do clinic"18 as opposed to "having to do clinic" are generally those planning to enter the legal profession and/or having strong feelings about the need to promote social justice for the indigent.19 The limited number of students in the programme ensures a lower student per supervisor ratio and thus more time for personal contact,20 mentorship and assessment practices that may be too complex or time consuming for application to large groups of students.21 However, he recognises the disadvantages of the elective module as being that a relatively small percentage of final-year law students are exposed to learning the law in a social justice setting, and master the skills and values associated with clinical legal education.22

CLE is a mandatory course in the final year of LLB studies at WLC, UJLC and UFSLC. It is my contention that the pedagogy of CLE should ideally consist of three basic components, namely clinical duty, classroom teaching and clinician/student tutorial sessions.23 It has been said that the most valuable clinical programmes are those which place significant operational responsibility in the hands of students, because that level of trust encourages their learning more effectively than any other st

 

4 Review of the CLE models of the Universities of the Witwatersrand, Pretoria, Johannesburg and Free State

All these university law clinics follow the in-house live-client model and students are required to perform weekly clinic duties, supervised by clinicians.

At the WLC students are paired with partners with whom they work together as teams for the duration of the course.24 Student pairs are allocated to a clinician, who is responsible for managing their weekly clinic intake of cases. Students on duty, in consultation with their clinician(s) (who attend the clinics) consult with the clients and identify suitable cases.25 No appointments are made for consultations, as the WLC operates on a "walk-in" and "first-come-first-served" basis. Each student pair has to attend weekly designated and compulsory clinic sessions for two hours. Student pairs also have to attend compulsory 45-minute tutorials weekly with their supervising clinicians, where the cases are discussed in depth, strategies are planned, instructions are given, and student progress is monitored.26

At the UPLC students form small groups called firms consisting of five or six members called partners. They report to two clinicians do not attend the clinic but are available. Student firms consult with clients, by appointment only, during their two-hour weekly clinic sessions.27 No formal tutorials are scheduled, but clinicians monitor students' activities through messages placed in "pigeon holes" in clinicians' offices. Students may also approach clinicians for consultations.28

At the UFSLC students are required to do only one semester of clinical sessions. They are allowed to choose from the following specialities: Labour, Evictions, Civil, Family and Appeals.29 Students, each of whom has a student partner, have to attend clinical sessions once a week, totalling approximately 20 hours of contact sessions per student per year. The student consultation sessions are pre-arranged with clients.30 In the Appeals unit, students do not consult with clients but are taught by way of simulation.31 Regular tutorials are arranged with the clinicians.32

At the UJLC students are required to do only one semester of clinical sessions. Students do not work in pairs or firms but consult on their own. Clients consult by appointment only. Student assistants and secretaries pre-screen the clients telephonically. Clients that may walk in are also pre-screened and appointments are made. Students are allocated specific days for clinic duty, and a daily session lasts from 08h00 until 13h00. No formal tutorials are scheduled and students consult with clinicians as needed. The clinicians evaluate the students' work regularly and provide them with written feedback.33

In comparing the above four models the following is evident: at WLC, UJLC and UFSLC, CLE is a compulsory course, which would seem to be preferable,34 whereas CLE is an elective course at UPLC. At WLC and UPLC, CLE is taught as a year course, whilst CLE is a semester course at UFSLC and UJLC. The advantage of making it an elective semester course is the reduction in student numbers in the course.35However, limiting CLE to a semester course makes it doubtful that students will reap the full benefits that a CLE can offer.36 It is also more beneficial to clients when the same student counsellors are available for a longer duration to attend to their cases.37

Tutorials are compulsory only at WLC and USFLC. It is suggested that the other two clinics under review should consider tutorials where cases can be discussed and students be instructed in a formal and structured setting.38

 

5 Classroom components of CLE models

5.1 University of the Witwatersrand

WLC teaches CLE to final year LLB students in the full-year course, "Practical Legal Studies". This experiential learning is taught in specialised units,39 where the clinicians specialise in different fields of law.40 They use a combination of the liveclient teaching model, plenary lectures, tutorials and simulations. Students are required to consult in the clinic for two hours each week, to attend a weekly double lecture of 90 minutes, to attend a 45-minute tutorial, and to work on their case files for at least one to two hours per week.41 The students' minimum required notional learning hours per week will amount to approximately five-and-a-half hours, which amounts to approximately 30 hours per month.42 Students are advised, during registration for the course, that they will consult with actual clients, open files, draft legal documents, attend court and generally litigate actual cases, all under the close supervision of qualified attorneys, the clinicians at the law clinic.43 In this process students receive personal tuition and guidance from their clinicians. Students' performances in the course are assessed through tests, assignments, oral examinations and file work.44

The aims of the course are to teach students how to apply the law in practice.45Solving actual legal problems involves a combination of knowledge, skills and values and the course therefore aims to refresh students' knowledge of selected substantial law and procedure and to teach them certain skills.46 These skills, including interviewing, drafting, legal analysis and reasoning, problem solving, file management and trial skills are described in detail in the annual Wits Law Clinic Manuals, of which students receive an issue. In the process of assisting the poor and marginalised in society,47 it is hoped that through this course the students will be infused with the values required of well-rounded practitioners.

The course consists of three components, namely plenary sessions, tutorials and clinic duty.48 This review will focus on the plenary sessions of the course. The plenary sessions comprise of group lectures for all the students and small group sessions where students are taught in their specialised units. These lectures continue throughout the academic year and are taught weekly during a double lecture (90 minutes). Students receive a clinic manual which contains summaries of the law and procedure relating to the various specialised units, handy hints and some precedents. Students are also presented with prescribed reading lists.49

The curriculum for the classroom component of the CLE course, "Practical Legal Studies", is as follows:50 interviewing skills, file management, court report, basic drafting - letters and statements, professional negligence and insurance, legal research and problem solving, drafting court documents, attorneys' numeracy skills and costs, professional conduct and ethics, organisation of the legal profession, social justice, trial skills: analysis of pleadings and evidence, preparation for trial, a plenary session dealing with pre-trial procedures, analysis of pleadings and evidence, trial skills: a plenary session dealing with court demeanour, opening statements and examination-in-chief, cross-examination and closing address, courtroom skills and a number of weeks conducting trial advocacy exercises. WLC operates in specialised units and each specialised unit will attend a workshop on courtroom skills through demonstrations, simulations and group exercises. In the specialised units,51 students also attend unit-based sessions where the law and procedure applicable to the various units will be discussed.

5.2 University of Pretoria

UPLC teaches CLE in the course "Practical Law 410 and 420" to final-year LLB students as an elective. They use a combination of the live-client teaching model, simulations and plenary lectures.52 Students form small groups called firms consisting of five or six partners. As the students progress, they start to work in pairs, and towards the end of the course students work individually. Students are reminded that there are five principal ways in which they should learn from the clinical experience: working on "live-client" cases; discussions with staff and at firm meetings; developing skills in lectures, workshops and working on client files; visiting courts, shadowing candidate attorneys, participating in mock trials; and reflecting on and evaluating their experiences.53

The curriculum for the classroom component is referred to as Study Themes.54 The lectures are presented over the course of a semester. The curriculum for the classroom component comprises of an introduction to the course and the law clinic, which includes the "shadowing" of a candidate attorney;55 consultation skills; filing, firm duty, the clinic manual, the rules of the clinic and the means test; court procedures, which include an overview of pleadings, notices, process, issuing and service aspects of substantive and procedural law and divorce litigation; a workshop on diversity issues; a workshop on negotiations; legal writing and numeracy skills.56

5.3 University of Johannesburg

UJLC teaches CLE in the compulsory year course "Applied Legal Studies" as a compulsory year course to final- year LLB students.57 They use a combination of the live-client teaching model, simulations and plenary lectures. There are three law clinics, the Auckland Park - Kingsway Campus Clinic, the Soweto Campus Clinic and the Doornfontein Campus Clinic, each headed by a Clinical Principal. Compulsory lectures are scheduled for every week throughout the year. All lecture contents find application in clinical sessions. Skills are taught which enable students to deal with work, cases and problems at the clinic. Students are assessed weekly in the clinics on work done. In-depth knowledge on six cognitive levels (knowledge, understanding, application, analysis, synthesis and evaluation) is expected.

The curriculum for the classroom component is arranged into five modules to be taught over 15 one-hour lectures. Students are directed to prescribed reading materials. The curriculum for the classroom component comprises of oral and written communication, divorces, Magistrate's Court procedure, legal ethics, numeracy skills, legal costs, the legal profession in South Africa, practice management, and trial advocacy.58

5.4 University of the Free State

UFSLC teaches CLE as a compulsory course to final-year LLB students.59 They use a combination of the live-client teaching model, simulations and plenary lectures.60Students are furthermore required to attend a two-hour practical session in a criminal court, or to take part in a community service project, where they work in groups. The classroom component is taught by way of compulsory one-hour plenary lectures once a week. There are also six practice-orientated guest lectures by senior private practitioners. This process is repeated each semester.61

The curriculum for the classroom component comprises the following.62 During the first week of each semester students undergo clinic training in the opening of a client file, how to complete the means test, how to take client and witness statements, how to complete the prescribed action sheet, and the completion of the client indemnification.63 A text-book is prescribed, on which all lectures are based.64The formal course content of the lectures consists of the following topics, which are divided into five units:65 consultation skills, file and case management, practice management, writing letters, drafting pleadings, notices and applications, and legal costs".66

5.5 Jurisdictional comparison

The classroom components of the CLE models used by the university law clinics reviewed compare favourably with the three different models of practice used in CLE programmes, as identified by Australian authors Bloch and Noone. These are: a) a relatively open-ended individual service model (as used by WLC);67 b) a specialisation model addressing a particular area of law with a specifically targeted group of clients (integrated by all the university law clinics under review);68 and c) a community model concerned with a local community and utilising a range of approaches (as employed by UFSLC).69

 

6 Assessment methods applicable to the various CLE models

The assessment methods applied are necessarily adapted to advance the range of objectives set for each individual CLE programme. Giddings is in support of this view, stating that "[t]he flexibility of clinical (assessment) methodologies means they can be adapted to support student learning of different kinds".70 Giddings refers to an interview with Hyams71 as part of his review of the Monash clinical programme, where Hyams "notes the problematic nature of assessment if it is "handed down like a decision without any constructive comment" ... as assessment is "a vehicle of learning rather than just a handing down. The assessment assists students to do better".72

Regardless of the forms of assessment or combinations thereof chosen by clinics for their CLE courses, cognisance should be taken of the principles of assessment stated by Stuckey.73 These principles are:

a) Be clear about the goals of each assessment;74

b) Assess whether students learn what is taught (validity);75

c) Conduct criteria-referenced assessments, not norm-referenced (reliability);76

d) Use assessments to inform students of their level of professional development;77

e) Be sure assessment is feasible;78

f) Use multiple methods of assessing student learning;79

g) Distinguish between formative and summative assessments;80

h) Conduct formative assessments throughout the term;81

i) Conduct multiple summative assessments throughout the term, when possible;82

j) Ensure that summative assessments are also formative assessments;83 and

k) Require students to complete educational portfolios.84

6.1 Forms of assessment

The clinical assessment models already used by some South African university law clinics as well as those used in foreign jurisdictions were probed and compared in a recent study.85 These assessment methods will be discussed briefly in an effort to establish the assessment methods best suited for CLE courses in South Africa.

6.1.1 Written tests

Written tests are capable of application to the specific South African context.86 It is submitted that assessment rubrics be designed and used to allow for an even-handed assessment of all the students, specifically where clinics operate across a number of different specialised units.87

6.1.2 Spot tests, minute papers and short essay quizzes

Spot tests and minute papers can be applied successfully during student tutorials,88but the use of short essay quizzes is discouraged due to the large student numbers clinics generally have to accommodate in South Africa.89

6.1.3 Multiple-choice quizzes

Multiple-choice quizzes can be used to assess students' understanding of foundational doctrine.90 These can be used either before or after plenary instruction when students' knowledge and understanding of the substantive law learnt in previous years are re-enforced for application in the clinical context.

6.1.4 In-class short-answer tests

In-class short-answer tests may be applied successfully as a revision exercise of the history on a case file during tutorials. Large student numbers and limited lecture time make this form of assessment less than convenient for application during classroom instruction or plenary sessions.91

6.1.5 Written assignments

Written assignments are useful assessment tools when students' understanding of legal practice and court processes is tested.92 The use of assessment rubrics is recommended.93

6.1.6 Essay examination

The open-ended nature of essay examination often leads to a failure to test the skills taught in a clinical course, and grading is likely to be inconsistent.94

6.1.7 Oral examination

Oral examination is an ideal form of assessment, as clinicians can test what students have learnt across a wider scope and in more detail.95

6.1.8 Reflective journals

Reflective journals can be successfully required in the South African clinical context, but clinical directors should heed the challenges of having to deal with large student numbers and the time constraints clinicians often experience.96

6.1.9 Self-evaluation and peer evaluation

Self-evaluations are useful formative assessment tools for both students and clinicians,97 specifically where students work with a partner. These evaluations can form part of a tutorial session where clinicians will be able to distinguishing between the approaches of the student partners.98 Peer evaluations are particularly useful when students do group work or operate in student firms.99

6.1.10 Client evaluation

Chavkin states that "clients have enough to deal with in their lives"100 and they might view participation in reviews "as a condition of future service by the clinic". Clients may therefore complete questionnaires in a manner that is not intended to offend the student counselors to whom they entrust their legal problems.101 Client evaluations are not recommended.

6.1.11 Case file work assessment

Case file work assessment is essential in CLE courses.102 It covers the complete range of skills students need to enable them to assist clients and proceed with their cases.103 It is suggested that assessment rubrics be used when assessing case file work.

 

7 Conclusion

It has been shown that CLE forms part of the LLB curriculum at most South African Universities. There are many similarities in the approach to CLE, but often also many differences. The clinical models of four South African university law clinics have been reviewed in an effort to find suitable models. Formulating a mission for the law clinic will have a direct impact on the clinical model chosen.

CLE courses are taught at university law clinics and it has been shown that the integration of CLE into the core curriculum of the law school will reveal its value as a teaching methodology. Pedagogic aims can be set and achieved, as CLE has intellectual worth in that it enables students to better understand the concepts and principles of law and the application thereof in practice. It is recommended that CLE courses be mandatory.

The pedagogy of CLE comprise of three basic components, namely the clinical experience, tutorial sessions and the classroom instruction. The extent to which these three components find application in the four South African university law clinics under review has been indicated.

The principles informing assessment have been described. Assessment methods appropriate for application in CLE courses, as indicated in a comprehensive study of the topic,104 have been discussed as to their applicability to CLE courses in the South African environment.

 

BIBLIOGRAPHY

Literature

Barry MM et al "Teaching Social Justice Lawyering: Systematically Including Community Legal Education in Law School Clinics" 2012 Clin L Rev 401-458        [ Links ]

Bloch FS and Noone MA "Legal Aid Origins of Clinical Legal Education" in Bloch FS (ed) The Global Clinical Movement: Educating Lawyers for Social Justice (Oxford University Press Oxford 2011) 153-166        [ Links ]

Chavkin DF "Matchmaker, Matchmaker: Student Collaboration in Clinical Programs" 1994 Clin L Rev 199-244        [ Links ]

De Klerk W et al Clinical Law in South Africa 2nd ed (LexisNexis Butterworths Durban 2006)        [ Links ]

Du Plessis MA Assessment Methods in Clinical Legal Education (PhD thesis University of the Witwatersrand 2014)        [ Links ]

Du Plessis MA and Swanepoel N "Reflective Journals as an Assessment Method in Clinical Legal Education" 2014 De Jure 283-297        [ Links ]

Evans A and Hyams R "Independent Valuations of Clinical Education Programs" 2008 GLR 52-86        [ Links ]

Giddings J Promoting Justice through Clinical Legal Education (Justice Press Melbourne 2013)        [ Links ]

Hall J and Kerrigan K "Clinic and the Wider Law Curriculum" 2011 IJCLE 25-37        [ Links ]

Haupt F and Mahomed SH "Some Thoughts on Assessment Methods Used in Clinical Legal Education Programmes at the University of Pretoria Law Clinic and the University of the Witwatersrand Law Clinic" 2008 De Jure 273-292        [ Links ]

Hyams R "On Teaching Students to 'Act Like a Lawyer': What Sort of a Lawyer?" 2008 IJCLE 21-32        [ Links ]

Klein DJ "Engaging and Assessing our Students: Student Grading of In-class Quizzes" in Institute for Law Teaching and Learning's Summer Conference (2011 New York) Conference Paper 1-10        [ Links ]

Krause-Phelan T "Connecting the Dots: Stimulating Law Students to Love the Law from the Classroom to the Courtroom through Constructive Engagement, Content Integration, and Collaborative Assessment" in Institute for Law Teaching and Learning's Summer Conference (2011 New York) Conference Paper 1-8        [ Links ]

Levy-Pounds N and Tyner A "The Principles of Ubuntu: Using the Legal Clinical Model to Train Agents of Social Change" 2008 IJCLE 7-20        [ Links ]

McQuoid-Mason DJ "Methods of Teaching Civil Procedure" 1982 JJS 160-171        [ Links ]

Munro GS "How Do We Know if We are Achieving our Goals? Strategies for Assessing the Outcome of Curricular Innovation" 2002 JALWD 229-246        [ Links ]

Parmanand SK "Raising the Bar: A Note on Pupilage and Access to the Profession" 2003 Stel L Rev 199-204        [ Links ]

Sergienko G "New Modes of Assessment" 2001 San Diego L Rev 463-505        [ Links ]

Sparrow SM "Using Individual and Group Multiple-choice Quizzes to Deepen Students' Learning" 2011 Elon L Rev 1-25        [ Links ]

Stuckey RT Best Practices for Legal Education: A Vision and a Road Map (Clinical Legal Education Association New York 2007)        [ Links ]

Vawda YA "Learning from Experience: The Art and Science of Clinical Law" 2004 JJS 116-134        [ Links ]

University publications

UFSLC Mission and Vision

UFSLC "RPK 412" 2013 Course Outline

UJ "ALG (TPR 0000)" 2012 LG 2

UJ "ALS" 2013 LG

UPLC "Practical Law 410" 2013 SG WLC 2015 PLS Course Outline WLC Vision and Mission

Internet sources

Association for Canadian Clinical Legal Education 2015 Home Page http://accle.ca/ accessed 1 September 2015        [ Links ]

Anon "Adopting and Adapting: Clinical Legal Education and Access to Justice in China" 2007 Harv L Rev 2134-2155        [ Links ]

Bridges Across Borders Southeast Asia Community Legal Education Initiative 2015 About Clinical Legal Education (CLE) https://www.babseacle.org/clinical-legal-education accessed 1 September 2015        [ Links ]

Bryxova V, Tomoszek M and Vlckova V "Introducing Legal Clinics in Olomouc, Czech Republic" 2006 JCLE 149-156        [ Links ]

Clinical Legal Education Association 2015 Home Page http://www.cleaweb.org/ accessed 1 September 2015        [ Links ]

Clinical Legal Education Organisation 2007 Model Standards for Live-client Clinics http://www.ukcle.ac.uk/resources/teaching-and-learning-practices/clinical-legal-education/ accessed 14 June 2011        [ Links ]

Columbia Law School 2015 Clinics http://web.law.columbia.edu/clinics accessed 1 September 2015        [ Links ]

Cornell University Law School and Jindal Global Law School 2015 Promoting Clinical Legal Education in India: A Case Study of the Citizen Participation Clinic http://www.gaje.org/wp-content/uploads/2012/09/Cor-JGLS-web_low.pdf accessed 1 September 2015        [ Links ]

European Network for Clinical Legal Education 2015 Home Page http://encle.org/ accessed 1 September 2015        [ Links ]

Evans A et al 2012 Best Practices: Australian Clinical Legal Education http://www.cald.asn.au/assets/lists/Resources/Best_Practices_Australian_Clinical_Legal_ Education_Sept_2012.pdf accessed 1 September 2015        [ Links ]

Fordham University School of Law 2015 Clinical Legal Education http://law.fordham.edu/clinical-legal-education/clinics.htm accessed 1 September 2015        [ Links ]

Lennertz M Date Unknown Developing Legal Clinics in Brazil: Remarks on the FGV DIREOTO RIO's Experience http://preview.ialsnet.org/wp-content/uploads/2015/08/Lennertz.pdf accessed 1 September 2015        [ Links ]

Lewis R Date Unknown Clinical Legal Education Revisited http://orca.cf.ac.uk/27655/1/CLINICED.pdf accessed 1 September 2015        [ Links ]

Ling M "Clinical Legal Education and the Reform of the Higher Legal Education System in China" 2006 Fordham Int'l LJ 421-434        [ Links ]

Martinez SA 2012 Law Clinics in Taiwan: Can Clinical Legal Education Succeed in this Civil Law Jurisdiction Education System? http://scholarlycommons.law.hofstra.edu/cgi/viewcontent.cgi?article=1311&context=faculty _scholarship accessed 1 September 2015        [ Links ]

NUI Galway 2015 Clinical Legal Education http://www.nuigalway.ie/business-public-policy-law/school-of-law/students/cle/ accessed 1 September 2015        [ Links ]

Ogilvy JP and Czapanskiy K 2004 Clinical Legal Education: An Annotated Bibliography (Revised 2004) http://wp.cedha.net/wp-content/uploads/2011/05/doc246-eng.pdf accessed 1 September 2015        [ Links ]

Phan PN 2005 Legal Education in China: In Pursuit of a Culture of Law and a Mission of Social Justice http://digitalcommons.law.yale.edu/yhrdlj/vol8/iss1/3/ accessed 1 September 2015        [ Links ]

PPolish Legal Clinics Foundation 2005 The Legal Clinic: The Idea, Organization, Methodoly http://www.fupp.org.pl/down/legal_clinic.pdf accessed 1 September 2015        [ Links ]

Qafisheh MM 2012 The Role of Legal Clinics in Leading Legal Education: The Model from the Middle East http://www.austlii.edu.au/au/journals/LegEdRev/2012/8.html accessed 1 September 2015        [ Links ]

South African University Law Clinics Association 2014 Home Page http://www.saulca.co.za/home accessed 11 May 2014        [ Links ]

Thomas KA and Mahasneh N 2012 Learning for the Unique and Common Challenges: Clinical Legal Education in Jordan http://repository.law.umich.edu/cgi/viewcontent.cgi?article=1753&context=articles accessed 1 September 2015        [ Links ]

Yanmin C and Pottenger JL "The 'Chinese Characteristics' of Clinical Legal Education" in Bloch FS (ed) The Global Clinical Movement: Educating Lawyers for Social Justice (Oxford University Press Oxford 2011) 87-104        [ Links ]

LIST OF ABBREVIATIONS

ACCLE Association for Canadian Clinical Legal Education

ALS Applied Legal Studies

BABSEA CLE Bridges Across Borders Southeast Asia Community Legal Education Initiative

CLE Clinical Legal Education

CLEA Clinical Legal Education Association

CLEO Clinical Legal Education Organisation

Clin L Rev Clinical Law Review

Elon L Rev Elon Law Review

ENCLE European Network for Clinical Legal Education

Fordham Int'l LJ Fordham International Law Journal

GLR Griffith Law Review

IJCLE International Journal of Clinical Legal Education

JALWD Journal of the Association of Legal Writing Directors

JCLE Journal of Clinical Legal Education

JJS Journal for Juridical Science

LG Learning Guide

PLS Practical Legal Studies

San Diego L Rev San Diego Law Review

SAULCA South African University Law Clinics Association

SG Study Guide

Stell L Rev Stellenbosch Law Review

UFSLC University of the Free State Law Clinic

UJ University of Johannesburg

UJLC University of Johannesburg Law Clinic

UPLC University of Pretoria Law Clinic

WLC Wits Law Clinic

 

 

1 The following South African university law clinics, are listed members of SAULCA (South African University Law Clinics Association), which describes part of its mission as being to promote high-quality CLE programmes at universities in South Africa: Rhodes University Law Clinic, University of Stellenbosch Legal Aid Clinic, University of Cape Town Law Clinic, University of Fort Hare, University of Johannesburg Law Clinic, University of KwaZulu-Natal, University of Limpopo Law Clinic, University of Pretoria Law Clinic, University of South Africa Legal Aid Clinic, University of Venda, University of the Witwatersrand Law Clinic, Nelson Mandela Metropolitan University Law Clinic, University of the Free State Law Clinic, North West University Law Clinic, Walter Sisulu University Law Clinic, University of the Western Cape Legal Aid Clinic, and University of Zululand Law Clinic. SAULCA 2014 http://www.saulca.co.za/home.
2 For Southeast Asia, see BABSEA CLE 2015 https://www.babseacle.org/clinical-legal-education, where the Bridges Across Borders Southeast Asia Community Legal Education Initiative (BABSEA CLE) has worked collaboratively with universities, law students, law faculties, lawyers, members of the legal community, and justice related organisational partners since 2003 to develop CLE programmes throughout Southeast Asia. For the USA, see Fordham University School of Law 2015 http://law.fordham.edu/clinical-legal-education/clinics.htm; CLEA 2015 http://www. cleaweb.org/; and Columbia Law School 2015 http://web.law.columbia.edu/clinics. For Europe, see ENCLE 2015 http://encle.org/, stating that CLE is a rapidly growing form of legal education across much of Europe and that it is widely accepted as a powerful pedagogical model which engages students and universities in the life of the community. For India, see Cornell University Law School and Jindal Global Law School 2015 http://www.gaje.org/wp-content/uploads/2012/09/Cor-JGLS-web_low.pdf; For Canada see ACCLE 2015 http://accle.ca/ (Association for Canadian Clinical Legal Education). For the UK see Lewis Date Unknown http://orca.cf.ac.uk/27655/1/CLINICED.pdf. For Ireland see NUI Galway 2015 http://www.nuigalway.ie/business-public-policy-law/school-of-law/students/cle/. For the Middle East see Thomas and Mahasneh 2012 http://repository.law.umich.edu/cgi/viewcontent.cgi?article=1753&context=articles; Qafisheh 2012 http://www.austlii.edu.au/au/journals/LegEdRev/2012/8.html. For Australia see Evans et al 2012 http://www.cald.asn.au/assets/lists/Resources/Best_Practices_Australian_Clinical_Legal _Education_Sept_2012.pdf. For South America see http://wp.cedha.net/wp-content/uploads/2011/05/International-Developments-in-Clinical-Legal-Education.pdf and Lennertz Date Unknown http://preview.ialsnet.org/wp-content/uploads/2015/08/Lennertz.pdf. For Eastern Europe see Bryxova, Tomoszek and Vlckova 2006 JCLE; Polish Legal Clinics Foundation 2005 http://www.fupp.org.pl/down/legal_clinic.pdf; Ogilvy and Czapanskiy 2004 http://wp.cedha.net/wp-content/uploads/2011/05/doc246-eng.pdf; http://www.germanlawjournal.net/current-issue. The Far East: for China, see Phan 2005 http://digitalcommons.law.yale.edu/yhrdlj/vol8/iss1/; Also see Ling 2006 Fordham Intt'lLJ; Anon 2007 Harv L Rev, Yanmin and Pottenger "Chinese Characteristics". For Japan see Martinez 2012 http://scholarlycommons.law.hofstra.edu/cgi/viewcontent.cgi?article=1311&context=faculty _scholarship.
3 See the discussion in para 4 below.
4 Du Plessis Assessment Methods 15.
5 Hyams 2008 IJCLE 25.
6 Hyams 2008 IJCLE 25.
7 WLC Vision and Mission. Available from the Wits Law Clinic.
8 UPLC "Practical Law 410" 2013 SG 3.
9 UJ "ALG (TPR 0000)" 2012 LG 2.
10 UFSLC Mission and Vssion.
11 Munro 2002 JALWD 231-232.
12 Hall & Kerrigan 2011 IJCLE 30.
13 CLEO 2007 http://www.ukcle.ac.uk/resources/teaching-and-learning-practices/clinical-legal-education/.
14 De Klerk Cinnccal Law 246-250.
15 For example: Vawda 2004 JJS 124; Parmanand 2003 Stell L Rev 202-204; McQuoid-Mason 1982 JJS 162.
16 McQuoid-Mason 1982 JJS 162.
17 Advised by the Director in an interview with the author in 2013.
18 Advised by the Director in an interview with the author in 2013.
19 For a discussion on the social justice component of CLE, see Barry et al 2012 Clin L Rev 401-458; Levy-Pounds and Tyner 2008 IJCLE 12.
20 Advised by the Director in an interview with the author in 2013.
21 Advised by the Director in an interview with the author in 2013.
22 Advised by the Director in an interview with the author in 2013.
23 Du Plessis Assessment Methods 37-43.
24 The method described here was followed until the end of 2014. Student firms were introduced during 2015. Their success will be measured over time.
25 Haupt and Mahomed 2008 De Jure 278.
26 Du Plessis Assessment Methods 62.
27 Haupt and Mahomed 2008 De Jure 278.
28 Du Plessis Assessment Methods 63.
29 Research done by the author, see Du Plessis Assessment Methods 62.
30 Research done by the author, see Du Plessis Assessment Methods 62.
31 The UFSLC is situated in Bloemfontein, which is also the seat of the South African Supreme Court of Appeals.
32 Du Plessis Assessment Methods 63.
33 Du Plessis Assessment Methods 63.
34 Du Plessis Assessment Methods 28-31.
35 A semester course allows for the division of the students into two groups, each group being allocated to a different semester, resulting in there being fewer students per semester. Student numbers may be limited in elective courses, as such courses will not be regarded as foundational courses for the LLB degree.
36 Du Plessis Assessment Methods 28-31, 63.
37 Du Plessis Assessment Methods 28-31, 63.
38 Du Plessis Assessment Methods 39-42.
39 "Experiential courses ... rely on experiential education as a significant or primary method of instruction. ... [T]his involves using students' experiences in the roles of lawyers or their observations of practising lawyers ... to guide their learning". Stuckey Best Practices for Legal Education 165.
40 These specialised units are: family law; refugee law; consumer law; labour law; land, housing and evictions; the law of delict; and a general unit to accommodate cases that cannot be allocated to any of the other units.
41 Du Plessis Assessment Methods 63-65.
42 Du Plessis Assessment Methods 63-65.
43 Du Plessis Assessment Methods 63-65.
44 Du Plessis Assessment Methods 63-65.
45 WLC Vssion and Mission.
46 WLC Vision and Mission.
47 WLC Vision and Mission.
48 WLC 2015 PLS Course Outiine.
49 WLC 2015 PLS Course Outiine.
50 WLC 2015 PLS Course Outiine.
51 These specialised units are: family law; refugee law; consumer law; labour law; land, housing and evictions; the law of delict ("tort"); and a general unit to accommodate cases that cannot be allocated to any of the other units.
52 UPLC "Practical Law 410" 2013 SG 7-16.
53 Du Plessis Assessment Methods 71.
54 UPLC "Practical Law 410" 2013 SG 7-16.
55 Students have prescribed reading materials for every Study Theme. Du Plessis Assessment Methods 71-74.
56 Du Plessis Assessment Methods 71-74.
57 UJ "ALS" 2013 LG 2-30.
58 Du Plessis Assessment Methods 74-80.
59 UFSLC "RPK 412" 2013 Course Outline.
60 UFSLC "RPK 412" 2013 Course Outiine.
61 UFSLC "RPK 412" 2013 Course Outiine.
62 UFSLC "RPK 412" 2013 Course Outiine.
63 UFSLC "RPK 412" 2013 Course Outiine.
64 De Klerk Clinical Law.
65 UFSLC "RPK 412" 2013 Course Outiine.
66 The topic of legal costs is discussed in a study guide handed to the students.
67 Bloch and Noone "Legal Aid Origins" 158-162.
68 Bloch and Noone "Legal Aid Origins" 158-162.
69 Bloch and Noone "Legal Aid Origins" 158-162.
70 Giddings Promoting Justice 39.
71 Giddings Promoting Justice 175.
72 Giddings Promoting Justice 175.
73 Stuckey Best Practices for Legal Education 240-263.
74 Stuckey Best Practices for Legal Education 240, 241.
75 Stuckey Best Practices for Legal Education 241-243.
76 Stuckey Best Practices for Legal Education 243-245.
77 Stuckey Best Practices for Legal Education 245-253.
78 Stuckey Best Practices for Legal Education 253.
79 Stuckey Best Practices for Legal Education 253-255.
80 Stuckey Best Practices for Legal Education 255.
81 Stuckey Best Practices for Legal Education 255-259.
82 Stuckey Best Practices for Legal Education 259, 260.
83 Stuckey Best Practices for Legal Education 260, 261.
84 Stuckey Best Practices for Legal Education 261-263.
85 Du Plessis Assessment Methods 111-192.
86 Du Plessis Assessment Methods 112, 113.
87 Du Plessis Assessment Methods 112, 113.
88 Du Plessis Assessment Methods 112, 113.
89 See Klein "Engaging and Assessing our Students"; Krause-Phelan "Connecting the Dots"
90 Sparrow 2011 Eton L Rev 4-9.
91 Du Plessis Assessment Methods 119.
92 Du Plessis Assessment Methods 111-124.
93 Du Plessis Assessment Methods 111-124.
94 Du Plessis Assessment Methods 111-124; Sergienko 2001 San Diego L Rev 469-474.
95 Du Plessis Assessment Methods 126-128.
96 Du Plessis Assessment Methods 130-140. See Du Plessis and Swanepoel 2014 De Jure 283-297 for a full discussion.
97 Du Plessis Assessment Methods 140-148.
98 Du Plessis Assessment Methods 140-148.
99 Du Plessis Assessment Methods 140-148.
100 Chavkin 1994 Clin L Rev 203.
101 Haupt and Mahomed 2008 De Jure 292.
102 Du Plessis Assessment Methods 154-167.
103 Du Plessis Assessment Methods 154-167.

Creative Commons License All the contents of this journal, except where otherwise noted, is licensed under a Creative Commons Attribution License