Abstract
Training in legal professionalism and ethics is a vital part of any legal education. Teaching these aspects according to the Socratic method generally proves to be ineffective in producing the desired result. A lawyer's actual life experience, which include happiness and career satisfaction, is rarely included. This article will explore on what it means to be an ethical human being and consider the teaching of professionalism and ethics by way of the clinical legal education methodology. Clinics have particular riches to offer and discussing professionalism, values and ethics in a clinical setting can assist students to begin to identify their own professional sense. University law clinics serve as a role model in legal practice about how a legal practitioner should behave and what ethical decision-making means. The link between culture and ethics, which informs a person's sense of morality and ethics, is explored, with application to diversity and multiculturalism. In clinical context, students assume a high degree of responsibility by taking instructions from clients and they will benefit from cooperative learning where they will begin to develop a deep understanding of professionalism and ethical practice. Through tutorials and debriefing sessions and later in their reflection assignments, students discuss and reflect on aspects of the law, the legal system, their own interviewing skills and the experience of the client. In their reflection assignments, students readily identify areas for improvement but also refer to what they are able to achieve in their interview, building their motivation and sense of autonomy. Ongoing reflection and constructive feedback thereon will support a commitment to ethical and professionally competent, self-directed and autonomous lawyering. Clinical training affords students the opportunity to explore their legal professional and ethical behaviours and values, allowing them to develop in capable, self-directed and independent practitioners who will not only assume responsibility for their individual clients, but also contribute to their communities.
Highlights
Teaching legal professionalism, values and ethics according to the Socratic method generally proves to be ineffective in producing the desired result.[1]
Clinics have particular riches to offer in the teaching of legal professionalism, values and ethics
It is apparent that training in legal professionalism and ethics is a vital part of any legal education curriculum
Summary
Values and ethics according to the Socratic method generally proves to be ineffective in producing the desired result.[1]. Role of clinical legal education in developing ethical legal professionals 283 Hyams echoes that law teachers should have an ongoing commitment to lifelong education, over and above that which is necessary.[36] This would require two things, first, an understanding that good lawyering and professionalism require an ongoing process of understanding personal limitations and a commitment to remain fresh, innovative and knowledgeable in professional work; and secondly, it requires the tools to put this understanding and commitment into action.[37] Professional identity includes creating competent legal professionals who are responsible to individual clients, but to contribute services to the community.[38] The Carnegie Report discusses “professional formation toward a moral core of service to and responsibility for others”.39. She continues with two further aspects, namely gaining a sense of autonomy and self- direction;[46] and ongoing reflection and continual improvement,[47] as fundamental to an ethically responsible lawyer.[48]
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