Clinical Legal Research Articles

Надання безоплатної правової допомоги населенню у процесі здійснювання навчальної діяльності: аспекти міжнародного та українського історичного досвіду

The article highlights the issues of international and Ukrainian historical experience of providing legal aid in general, and frees legal aid in the course of educational activities in particular. The author traces the peculiarities of this process from its origins to the present day. The author argues that the provision of free legal aid in the context of educational activities is a multifaceted process which, both in the world and in Ukraine, has been taking place for centuries in various forms and under the influence of various factors. It is emphasized that its undoubted prerequisite was the legalization of the legal profession and the establishment of an extensive system of legal education. The author emphasizes that these facts were the result of the growing importance of law in the process of regulation of social relations. The author analyzes the main stages and features of the European historical experience of legal aid in the period of Antiquity, theMiddle Ages and theModern era. The author also considers some historical experience of providing free legal aid in the context of educational activities which took place in Ukraine. The author proves that Ancient Rome was a pioneer in creating an extensive system of legal education and developing various forms of legal aid. The author establishes that the real establishment of the system of free legal aid, in particular, in the course of educational activities, took place only in the 1920s, and at first it was localized and limited mainly to the United States. It is argued that its implementation became possible as a result of a long scientific discussion in previous years, during which a new approach to legal training with a priority on practice was developed, and a form of such training – “legal clinic” – was found. The author shows that legal clinical education is considered to be one of the most effective today. The nature and peculiarities of the spread of legal clinical education, as well as the development of the relevant legal framework in Ukraine are traced.

Юридична клінічна діяльність: правовий та рольовий аспект

The article considers the issues of legal regulation and improvement of the system of legal clinical activity. The authors analyze the regulatory and legal framework for legal clinics. It is established that the purpose of legal clinics is, on the one hand, to ensure that law students acquire the necessary skills to provide legal advice and, on the other hand, to meet the public demand for access to legal aid. The authors focus on the problematic and role aspects of legal clinics and substantiate the expediency of their operation under martial law in Ukraine. The authors’ point of view on clarifying the content of the essential characteristics of the conceptual category “legal clinical education” is presented, and the expediency of its adaptation in the system of primary and secondary free legal aid provision by student clinicians is substantiated. The authors propose introducing legal practitioners who may be included in the list of lecturers-supervisors who ensure the provision of free legal services by student clinicians at the appropriate level into the system of management of legal clinical activities. The author’s vision of the content of the functional responsibilities of practitioners who will be part of legal clinics and will contribute to improving the qualification level of student clinicians is presented. Proposals are made to improve the system of legal clinical activities and the procedure for providing free legal aid by student clinicians. During the study, the authors used the method of systematic analysis and synthesis, systemic and structural, and comparative legal and formal logical methods, which allowed them to analyze the relevant legislation to propose a clarification of the content of the conceptual category “legal clinical education”, and to determine the content of the functional responsibilities of persons involved in the activities of a legal clinic. Keywords: legal clinic; legal clinical activity; law student; student clinician; legal clinical education; legal advice; legal clinic client; free legal service.

Legal Clinical Education in China: A Literature Review

This literature review of twenty-one recent articles from China provides an overview of the nature and implementation of legal clinical education, the objectives of legal clinical education, the benefits of legal clinical education, the theory of legal clinical education, as well as the challenges faced in legal clinical education. These topics have been thoroughly addressed by Chinese scholars through the experience of approximately twenty years of practice as well as through inspiration from legal clinical education within the United States and internationally. However, there continue to be areas of disagreement and certain gaps in the development of a comprehensive theory of legal clinical education as well as psychological and pedagogical justifications for this innovative system of learning.

Protection of human rights through a system of legal clinics: an international legal aspect

The protection of human rights and the possibility of their realization is one of the most important issues throughout human existence. The legal mechanism for the protection of human rights is the possibility for citizens to take certain actions to protect their rights, interests and freedoms.
 Human rights and freedoms and their guarantees determine the content and direction of state formation. The state is accountable to man for his activities. Building Ukraine as a democratic, legal, social state, enshrining in the Constitution of Ukraine the provisions on the highest social value of man, his life and health, honor and dignity, inviolability and security requires the formation of new approaches to human rights.
 At this stage of professionalization of society in the postmodern period, it is important to form a new legal elite capable of being responsible for the legal support of human activities and determining the legal protection of the entire social community. To solve this problem, it is necessary to improve the quality of training of law students, as the modern learning process is overloaded with theoretical information and therefore can only partially contribute to practical training. Legal clinics in their activities aim, above all, to lay the student's foundations for the protection of human rights. To instill in them respect for democratic values, the rule of law and the protection of human rights set out in key documents related to Ukraine's integration into Europe. Students learn to provide quality legal assistance to all vulnerable groups whose rights and interests need protection. Both national and international law are used. Legal clinics of foreign countries also have many years of experience in the protection of human rights, which can serve as a good example for us to implement in our activities. That is why the study of this issue, and especially with the study of international experience, will create a guarantee of success for future professionals.
 After all, the protection of human rights is the most reliable mechanism at the national level. However, there are many aspects of protection in the international arena. Accordingly, we need to take into account international experience to improve our national system.
 The purpose of the scientific article is to reflect the results of a comprehensive analysis of international legal regulation of human rights protection through a system of legal clinics.
 The author concludes that due to the rethinking of modern methods of teaching lawyers and the use of legal clinics as a basic experience of various practicing students, the concept of "legal clinical education" is introduced, which aims to provide students with free practical skills. Provide legal assistance to the population. Legal clinical education is a way to provide free legal aid to the masses through education and other forms of practice based on legal clinics in colleges and universities, so that students can acquire legal practice skills.

Вплив інновацій у сфері юридичної клінічної освіти і науки на професіоналізацію студента-правника в умовах дії воєнного стану

The article examined the content of the concept of professionalization of the student-legal student through the prism of legal clinical education in the conditions of military condition. The conclusion is drawn on the necessity of search and introduction of innovative approaches to professionalization of the students at Ukrainian legal schools, which will be a worthy answer to the new challenges of the present, which hinder the process of professional identity of future lawyers.As a result of the research, it is determined that the important condition of professionalization of the legal student is formation of his professional identity in the legal profession, which, in turn, depends on his social welfare and self-realization. It is justified that professional identity is a complex entity, in which three components are traditionally distinguished: Cognitive (knowledge of the peculiarities of its group and comprehension of itself as a member), value (assessment of its group and attitude to its membership) and emotional (acceptance or not acceptance of its group). The development of professional identity implies constant focus on professional growth, flexibility in decision-making. New challenges of the present are revealed, which hinder the process of professionalization of future lawyers (transition to training from off-line to online, lack of knowledge of lawyers, including clinics, legal English, etc.).Paradoxically, the war is taking place in Ukraine, and our country is not economically developed. However, students, studying in legal clinics of Ukrainian universities, when the need for legal assistance to vulnerable categories of war-affected population has increased in times, more and more feel the value and importance of their profession and see themselves in it.It is concluded that innovative approaches to modern legal clinical education, as well as development of legal clinical science, promotion of the idea of creation of clinical faculties in higher educational institutions of Ukraine, at which clinical professors will work and transfer practical knowledge to students-lawyers – all this will be a guarantee of successful professionalism of modern applicants of higher legal education soon. In its turn, the mentioned will promote those domestic specialized institutions of higher education, which prepare lawyers, will once again be in the TOP of the most popular universities among university entrants, and their graduates will be even more proud of their profession, will be more demanded and successful in the labor market.It is proposed to adopt positive experience of introduction of educational-professional programs «Clinical law» of legal schools of US universities to Ukrainian universities, which prepare lawyers, to increase the level of legal clinical training of our students. For Ukrainian teachers, heads of legal clinics such forms and methods of teaching are non-traditional and require leaving the zone of comfort, to acquire new skills or to strengthen existing, first of all, concerning legal English. However, this should be done for legal education in Ukraine to become attractive for applicants again.

LEGAL CLINICAL EDUCATION AS AN IMPORTANT TOOL FORTHE FORMATION OF THE FUTURE LAWYERS` PROFESSIONALCOMPETENCIES

The article is dedicated to issues of the formation of the future lawyers` professional competencies with help of such an important tool as legal clinical education The author identifies that one of the priority tasks of the modern higher law education is practical preparation which is the process of targeting educational activities in higher education institutions on the results of future professional activities of applicants. This article identifies forms of free primary legal aid that is provided by consultants of legal clinic. The author highlights that use of such form of education as legal clinical education helps to form the future lawyer’s ability to advise on legal issues, ability to identify possible ways to protect client’s rights and interests in accordance with professional ethics, as well as non-disclosure of personal data and confidential information. In addition, the applicant should acquire the skills and abilities to independently prepare a draft of law enforcement act.

Legal clinical education as a socially oriented educational activity in the field of law

The article is devoted to the general theoretical characteristics of one of the non-traditional forms and methods of teaching — legal clinical education as a means of forming a new teaching methodology in Ukraine. Based on the achievements of modern domestic and foreign scientists, the theoretical foundations of legal clinical education in Ukraine and regulatory tools for the organization and operation of legal clinics in Ukraine are analyzed and developed. Among the three main functions of legal clinical activity (human rights, education and educational), the content of the latter is disclosed, as legal clinics in higher education are created primarily for student education, and other functions are implemented as derivatives. It is established that the main purpose of the legal clinic — educational — students gain practical skills in the process of providing free legal aid to the population, while other areas of their activities are secondary (derivative). The purpose of legal clinical education as an interactive method of teaching law students is to strengthen their practical training by engaging in practical legal activities and providing free legal aid to the poor. In contrast to other methods of training lawyers, the advantages of legal clinical education are: the acquisition of practical skills by students before the start of real practice; combination of theoretical knowledge simultaneously with the acquisition of practical skills. In order to legalize the concept of «legal clinical education» and the acquisition of the latter’s official status — the legal definition, the author considers it necessary: To adopt in general the draft «Concept of development of legal education», developed by the Ministry of Education and Science of Ukraine together with the Ministry of Justice of Ukraine. To establish in normative-legal acts on the organization of educational process, carrying out educational practice and the account of time of work of scientific and pedagogical workers instructions concerning necessity of direct introduction of provisions on activity of legal clinics; To enshrine at the level of a binding rule of law instructions on the need to operate a legal clinic, as a condition for accreditation of a legal institution of higher education and obtaining a license to train lawyers; Regulatory provision of a system of public control over the quality of functioning of legal clinics in the structure of a legal institution of higher education. Key words: legal clinic, legal clinical education, legal clinical activity.

An Innovative Approach to Legal Clinical Education: Problems and Perspectives

An Innovative Approach to Legal Clinical Education: Problems and Perspectives

Special Issue - Clinical and Public Legal Education: Responses to Coronavirus

Special Issue - Clinical and Public Legal Education: Responses to Coronavirus

Special Issue - Clinical and Public Legal Education: Responses to Coronavirus

Special Issue - Clinical and Public Legal Education: Responses to Coronavirus

Legal clinical education as a necessary component of a future lawyer formation

Legal clinical education as an innovative form of legal education is studied in the article. The analysis of the influence of the legal clinic on the formation of the legal consciousness and culture of the future lawyer, his formation as a specialist is carried out. The process of modernization of legal education in Ukraine, where the emphasis is on the practical training of future lawyers, and where clinical education plays a crucial role is considered. It is substantiated that legal clinic is a necessary component in obtaining the profession of a lawyer; consolidation of theoretical knowledge and acquisition of practical skills by students, implementation of legal education activities, provision of free legal aid to people in need are grounded. It is proved that the presence of legal clinics within the structure of higher education institutions, their activities and importance for improving the practical training of future lawyers indicates the indisputability of the necessity to study and research legal clinical education. Emphasis is placed on the need to improve the system of future lawyers training. It is legal clinical education that is the best form of legal influence on a person, and is an integral part of the overall reform of higher education, which is being carried out today in Ukraine and aims to train lawyers with high level of competencies and legal awareness. Legal clinics allow students to be creatively realized, to reveal their intellectual potential; and are a link between the traditional educational process and future practical activities. Increase the number of legal clinics, separation of legal clinics into a separate structural unit with the staff in all higher education institutions, the introduction of teaching of a mandatory course in legal clinical education will contribute to the formation of a future lawyer. Legal clinic is a special kind of legal education (for the population) and an innovative form of legal education (for the applicants for law schools).

LEGAL CLINIC AS A FACTOR OF LAWYER’S EMOTIONAL INTELLIGENCE AND PROFESSIONAL ETHICS DEVELOPMENT

The urgency of the research is stipulated by the necessity to critically reflect on functioning of an innovative form of legal education – a legal clinic in order to determine the possibility of clinical education to be a factor in the development of students’ emotional intelligence and professional ethics. The purpose of the article is to systematically cover the possible positive and negative aspects of the widespread introduction of legal clinic as a means of individual students’ qualities development into law education. The study is based on the method of systematic analysis, allowing comprehensively cover legal clinics functions and critically evaluate the impact of legal clinics on emotional intelligence and professional ethics of future lawyers’ development. The article shows that legal clinic, being an innovative form of legal education aimed at developing practical skills of future lawyers, performs both educational and social functions. Legal clinic promotes the development of emotional intelligence (allowing students to better understand and control their emotion, as well as to adequately perceive the client's psychological state, choosing appropriate tactics of behavior) and professional ethics (understanding the importance of the principle of the rule of law, the priority of human rights, awareness of the role of a lawyer in society and the importance of pro bono activities). Article materials can be used for further study of legal clinics impact on the future law practitioners’ individual qualities development, and can also be the benchmarks for improving the legal clinical education.

The role of legal clinics in the training of professional lawyers

The article considers the main stages of development of the "legal clinical movement" of Ukraine, analyzes the legal regulation of legal clinics, reveals the importance of the legal clinic as the main tool for practical training of future lawyers. Higher education institutions can and should help future lawyers to acquire the necessary practical skills. This, in turn, seems almost impossible without the functioning of legal clinics in law schools. As for the legal status, the legal clinic is not a legal entity. It can have its own stamps and forms with its own name, as a structural unit. A legal clinic can use the property of the higher education institution on the basis of which it was established. In most Ukrainian universities, the legal clinic is organized in the form of legal advice, which has the right to provide free legal aid to the poor. The work in the clinic is carried out by senior students, who are usually involved on a competitive basis. The legal clinic has the right to provide free legal aid. It should be remembered that for the provision of free legal aid there are centers of free legal aid, and legal clinics should take on only those cases that are of interest to students in terms of education, because it is the educational function is basic in the clinical movement. in a legal clinic, it is valuable for students because it helps future lawyers to form a high level of legal awareness and legal culture, promotes the acquisition of professional legal skills, and, making informed decisions in accordance with applicable law, to solve client problems. The legal clinic helps students to develop such necessary skills as the ability to think critically, sociability, the ability to establish justice, high moral and volitional qualities. The legal clinic is practically the basis for the future. After all, during counseling, students learn all the qualities using a professional lawyer.

Legal clinics at current stage of society development

The urgency of the topic is that today there is an urgent necessity of institutions such as law clinics that have given a new impetus to the higher legal education development. Yet, their purpose is to provide legal assistance to low-income citizens, to deepen students’ understanding of professional ethics, to teach students practical and psychological skills in providing legal assistance, etc.
 The article deals with the concept, purpose and state of legal regulation of the legal clinics activities; analysis of the positive aspects of the legal clinics functioning and clarifies the challenges legal clinics clash with. Emphasis is laid on the legal clinics necessity and importance.
 The ways of further of legal clinical education improvement in Ukraine are outlined.

Transformation of Legal Education in Indonesia Based on Social Justice

The transformation of legal education in Indonesia has become the study and anxiety of many legal experts in Indonesia. Legal education is seen as only producing law graduates who are no more legal craftsmen. Legal education ignores the ideologization of social justice values. Therefore, the transformation of higher legal education in Indonesia absolutely must be done by first carrying out an inventory of the main problems in the legal education system in Indonesia. This article attempts to perform an analysis of the description of the main problems in the legal education system and the steps that should be taken to hasten the transformation of higher legal education in Indonesia. Changes in the Legal Studies Curriculum and the transformation of the learning process that is more oriented towards humanizing lecturers and students have become an urgent need. One of the short-term offers is to make Legal Clinical Education as a compulsory subject in the Legal Studies Program. Whereas the other offer is transformation the Legal Studies Curriculum, Legal Learning Methods and Processes that are oriented in mastering the legal knowledge, legal skills, and law students' alignments on issues of law and justice.

Educación clínica legal: experiencia ucraniana

The relevance of the article is stipulated by the necessity to study a specific type of legal education – legal clinical education. However, legal clinics are the basis for the practical training and students' practice implementation i.e. they allow to transfer the obtained theoretical knowledge into the practical ones. The purpose of the study is to analyze the peculiarities of formation and development of the abovementioned education in Ukraine in general, and in imitation of the Legal Clinic “Istyna” of Dnipropetrovsk State University of Internal Affairs activities, in particular, as well as to determine the prospects of the legal clinical movement. The basic methods in the study of this issues are the following: the historical method; the method of analysis. The method of prediction to determine the prospects for the further development of legal clinical education in Ukraine in the context of integration into the European educational area and the Concept of Legal Education Development was also applied. The article elucidates the concept “legal clinical education”, focuses on the necessity for this type of education, and determines the prospects of achieving quality results of legal clinical education, taking into account its components in the domestic legal education by the imitation of the legal clinic “Istyna” of Dnipropetrovsk State University of Internal Affairs. The materials of the article may be useful in future studies of the legal clinics activities and functioning and implementation of the concept legal of education development in Ukraine.

Acknowledging the relevance of empathy in clinical legal education. Some proposals from the experience of the University of Brescia (IT) and Valencia (ESP)

Legal Clinical Education is experiencing a great development in the Spanish and the Italian university context. Nevertheless, it comes with new challenges that professors have not faced until now: students working in the field with people in situations of vulnerability or in complex realities. Given that one of the major goals of CLE is the preparation not only of professionals for the practice of law, but also people concerned about social justice and social diversity, this piece of research looks into the significance of working with students about the key role that empathy plays in the development of their relation with the people they assist. Moreover, we will suggest some activities to be introduced in the clinical training plan with this purpose, and lastly, we will construct some final thoughts about this research and the feedback we obtain from our clinical colleagues.

EHAC medical working group best practice advice on the role of air rescue and pre hospital critical care at major incidents

BackgroundHelicopter EMS (HEMS) teams may perform a variety of clinical, managerial and transport functions during major incident management. Despite national and international variations in HEMS systems, the rapid delivery of HEMS personnel with advanced skills in major incident management and clinical scene leadership has been crucial to the delivery of an effective medical response at previous incidents. This document outlines the Best Practice Advice of the European HEMS and Air Ambulance Committee (EHAC) Medical Working Group on how HEMS and Pre Hospital Critical Care teams may maximise the positive impact of their resources in the event of Major Incidents.MethodsNarrative literature review and expert consensus.ResultsTo ensure a safe, coordinated and effective response, HEMS teams require suitable, proportionate and up to date major incident plans that are integrated into the major incident plans of other regional emergency and healthcare services. Role specific protocols, training and equipment should be adapted to the expected HEMS role in the major incident plan and likely regional threats. System and incident factors will influence HEMS utilisation during the major incident response and can include patient and staff transfer, equipment resupply, aerial assessment, search and rescue, clinical leadership and advanced care. During the recovery phase of a major incident there is a need to ensure restoration of conventional service and address the welfare of involved HEMS personnel. Standardised reporting of major incidents is strongly recommended for clinical governance, legal and research reasons.ConclusionsThe rapid delivery of HEMS personnel with advanced skills in Major Incident management and clinical scene leadership is crucial to the delivery of an effective medical response at Major Incidents.

Імітаційна клініка як засіб формування компетентностей студентів юридичних спеціальностей.

The article is devoted to the characteristic of the activity of legal clinics in Ukraine as a means of forming the competence of students of legal specialties. On the basis of the achievements of domestic and foreign scientists analyzed the General principles of legal clinical education and the latest approaches to its further development, as well as the experience of the imitation legal clinic of commercial law of the Vasyl’ Stus Donetsk National University, where the relevant educational work was carried out. The aim of the study is to provide characteristics of the organization of legal clinical education, including commercial law direction, and the rationale for ways to improve its regulatory framework and practical application. The article deals with the main existing approaches to the classification of legal clinics in legal science. The normative legal means of organization and activity of legal clinics in Ukraine are analyzed. The latest trends of foreign experience of legal clinical education in the context of the research topic are investigated. According to the results of the research and experience of the imitation legal clinic of commercial law of the faculty of law of Vasyl’ Stus DonNU, the expediency of the development of such a direction of legal clinical education as an imitation legal clinic of commercial law is justified. Some proposals to improve the regulatory framework of legal clinical education are substantiated.

A Conciliação no Núcleo de Prática Jurídica da Universidade Estácio de Sá - Unidade Nova Iguaçu: Assistência Jurídica Gratuita e Especializada

O Núcleo de Prática da Universidade Estácio de Sá, Unidade Nova Iguaçu, ao longo dos anos vem desempenhando papel de extrema relevância aos estagiários, alunos da Instituição, e moradores da região. As diversas atividades jurídicas prestadas pelo órgão incluem atendimento ao público, difusão de direitos e garantias fundamentais, promoção do acesso à Justiça, bem como atuação como centro de facilitação para mediações e conciliações. Esta pesquisa empírica objetivou apresentar dados relativos ao número de conciliações obtido pelo NPJ entre fevereiro de 2015 e junho de 2016, por área de atuação.