Abstract

In this paper an analysis is offered of compulsory so-called "live client" clinical legal education as part of the LLB as a means of improving access to justice for the indigent. This study first explores the factors which motivate which the establishment of a year’s compulsory community service during the LLB studies, and making clinical legal education compulsory. The motivation includes inducing law students and graduates to aid in the achievement of access to justice. The research then focuses on what the value of community service is in higher education generally.
 
 In the South African civil justice system many ordinary people cannot afford to use the courts because of the expense involved, or because they are ignorant of their rights. This is particularly the case in civil as opposed to criminal matters, as legal aid is more frequently focused on criminal than on civil matters in this country. This paper will consider the role which senior law students may play in rendering pro bono work as part of clinical legal education in their LLB studies. In this regard particular focus will be made on the University of KwaZulu-Natal (UKZN), the only university offering law studies in greater Durban.
 
 As for pro bono work by students during their LLB, consideration could be given to making clinical legal education a compulsory part of such students' curricula. Possible compulsory community service for law graduates (ie post-LLB) as envisaged in the proposed Legal Practice Bill falls beyond the ambit of this paper.

Highlights

  • In this paper an analysis is offered as to compulsory so-called "live client" clinical legal education as part of the LLB

  • These two distinct options could be complementary - for example where post-study community service is provided at a university law clinic through the supervision of student work

  • The South African Constitution provides a right of access to courts,[4] but the value of this right has to be questioned when it comes to the very limited access to free legal services in civil matters for the indigent

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Summary

The aims of the paper

In this paper an analysis is offered as to compulsory so-called "live client" clinical legal education as part of the LLB. In the South African civil justice system many ordinary people cannot afford to use the courts because of the expense involved, or because they are ignorant of their rights.[2] This is the case in civil as opposed to criminal matters, as legal aid is greatly focused on criminal as opposed to civil matters in this country.[3] This paper will consider the role which senior law students may play in rendering pro bono work as part of clinical legal education in their LLB studies. As to pro bono work by students during their LLB, consideration will be given to making clinical legal education a compulsory part of such a student’s curriculum

Introductory matters
The rationale for the paper’s analysis
Role of university law clinics in improving access to justice
Further recommendations and conclusions
D HOLNESS Bibliography
D HOLNESS Register of legislation

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