Legal Clinics Research Articles

The Path to Improvement of China's Professional Cultivation in the Perspective of Legal Clinics

Since its inception in the United States in the 1960s, the legal clinic has developed rapidly in the United Kingdom, Finland and other countries due to its characteristics of significantly improving students' practical ability. China has also joined this trend. Since 2000, seven universities, including Peking University and Tsinghua University, have taken the lead in introducing legal clinics, and other universities have followed suit. Although the application of legal clinic in major universities has been quite mature, its application has been limited to general undergraduate courses rather than vocational undergraduate courses. Therefore, the legal clinic has been in a blank state in vocational undergraduate courses which train practical talents. Based on the blank phenomenon of legal clinic in vocational undergraduate, this paper aims to explore the path of improvement of vocational training in the perspective of legal clinic. Through the research, it seeks to put forward practical suggestions to promote the effective use of legal clinic in vocational undergraduate, in order to better cultivate practical talents. The literature review method and comparative method are used to conduct an exhaustive research on the development history of legal clinics in the international arena and in China. By comparatively analysing the application of legal clinics in general and vocational undergraduate courses, the applicability and development path of legal clinics in vocational undergraduate courses are explored. The research found that although legal clinics have achieved remarkable results in general undergraduate courses, there is a gap in the field of vocational undergraduate courses. Through comparative analyses, a path for the improvement of the law clinic in vocational undergraduate is proposed, including suggestions for adaptive adjustment of the clinic model, broadening the field of cooperation, and strengthening cooperation with the industry. This research fills the research gap of legal clinics in the field of vocational undergraduate, and provides new perspectives and paths for colleges and universities in cultivating the practical ability of vocational undergraduate students. By promoting the application of legal clinic in vocational undergraduate, it can better meet the needs of the actual legal profession and provide substantial support for the cultivation of more comprehensive legal professionals.

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.

Developing Indigenous Cultural Safety in Law: Clinical Legal Education as a Method for Getting it Done

The imperative of law schools to embed Indigenous cultural safety in legal education is well established. This paper argues that clinical legal education can make an important pedagogical contribution to the development of Indigenous cultural safety within the study of law. Drawing on a case study of a legal clinic in Logan, Queensland, this paper details clinic teaching and learning activities, and highlights the role of yarning as a process for engaging cultural humility and understanding. A review of pedagogical theories is provided to demonstrate that multiple theoretical approaches support the clinical method as an effective vehicle for delivering transformative learning on issues such as institutional racial bias within law, the legal profession, and broader society. Clinic evaluation reveals strong cultural safety learning outcomes. This paper concludes with some observations about the clinic’s strengths and limitations, including the benefits of devolving autonomy for clinic design to Indigenous clinical supervisors, issues of scalability and funding for community stakeholders.

Теоретические аспекты юридических клиник в России: история, теория, практика

в статье рассматривается современное развитие юридических клиник в Российской Федерации с точки зрения исторического аспекта. В ходе работы удалось проследить важность практического применения юридической клиники в стране, выявить преимущество реализации в ВУЗе, а также предложить дальнейшее совершенствование юридической клиники в рамках современности. Теоретический анализ исследуемой темы предоставил возможность систематизировать этапы развития юридической клиники, начиная с XIX века по сегодняшний день, указать на формирование первой юридической клиники в России, что повлияло на формирование последующих учреждений в стране. Недостатков в активной деятельности юридической клиники на территории России не было обнаружено. Цель настоящей работы – проанализировать теоретические аспекты юридических клиник в России: история, теория, практика. Методы исследования: анализ, синтез, обобщение полученных данных. the article determines the modern development of legal clinics in the Russian Federation from the point of view of the historical aspect. In the course of the work it was possible to trace the importance of the legal clinic`s practical application in the country, identify the advantage of implementation in a university, and also propose further improvement of the legal clinic within the framework of modern times. The theoretical analysis of the topic under study provided an opportunity to systematize the stages of the legal clinic`s development, from the 19th century to the present day, to point out the formation of the first legal clinic in Russia which influenced the formation of subsequent institutions in the country. No shortcomings were found in the active work of the legal clinic in Russia. The purpose of this work is to analyze the theoretical aspects of legal clinics in Russia: history, theory, practice. Research methods: analysis, synthesis, generalization of the data obtained.

Research on the Specificity, Orderliness, and Effectiveness of Legal Clinic Education

With the continuous development of legal education, legal clinic education, as one of the most practical activity-based courses, first originated in the United States. However, it is now being vigorously promoted and implemented in many law schools across universities in China. Many law schools have been running legal clinics for years with significant results. Through participating in the KINDALL Legal Clinic activities for three years, the author has gained a wealth of experience and conducted research to pursue a more valuable and engaging model of legal education. This research involves theoretical study and discussion, action research, and social practice, aiming to develop a "three-in-one" integrated model of legal clinic education. The findings indicate that this model makes legal clinic education more tangible, orderly, and effective. As a result, legal clinics play a greater functional role, becoming a tangible way for students to enter the legal field, an orderly platform for students to enrich their legal practice continuously, and an effective ground for students to display their talents.

The Stateless Legal Clinic: Innovative Models for Addressing Unmet Legal Need in Australia through Clinical Legal Education

The Stateless Legal Clinic is a unique service providing legal education and aid to eligible stateless children in their application for Australian citizenship. It also provides law students at the University of Melbourne with the opportunity to gain practical legal experience and engage in experiential learning, through a clinical legal education elective subject offered within the Juris Doctor (JD) degree. The Stateless Legal Clinic aims to address a critical gap in legal services for stateless children in Australia and situates clinical legal education within the relatively new and emerging discipline of ‘statelessness studies.’ Through an examination of Australia's legal framework for addressing the global human rights issue of statelessness, this article examines the design and operation of the Stateless Legal Clinic, arguing that clinical legal education can provide innovative models for increasing access to justice for communities often overlooked or under-serviced by the legal industry.

Equality Law Protection for Legal Education: Internships, Volunteering and Clinics

‘Practical’ legal education offers significant educational and personal benefits. However, it also comes with risks that need to be actively managed, including the risk of students experiencing harassment and discrimination. This article considers the scope of equality law, and how it applies to different forms of ‘practical’ legal education activities. It considers how equality law applies to ‘volunteer’ positions, including those in law firm partnerships, barristers’ chambers, and community organisations, legal internships and law school-run legal clinics. It considers the complexity of the legal framework, and the resulting difficulties law students might have in asserting their equality rights. It argues there is a particular need to address three gaps in the current legal framework for practical legal education activities, by: adopting a broader definition of ‘work’ to include unpaid roles; regulating harassment on grounds other than sex; and protecting law students from the actions of third parties, such as clients and members of the public.

Justice for rural women: An exploratory analysis of institutions and mechanisms to access justice in Chimborazo, Ecuador

Access to justice is a fundamental principal of the rule of law. With this in mind, this research aims to analyze the mechanisms and barriers that women from rural areas in the province of Chimborazo, Ecuador, face when seeking justice. This investigation adopted a qualitative method approach, and was comprised of exploratory fieldwork as well as descriptive documentary analysis. The findings indicate that in this province, rural women's access to justice is facilitated through various government institutions and university legal clinics. These entities collaborate to spread awareness and offer direct legal assistance. However, despite these efforts, challenges persist, including the lack of specific data on the affected women's localities and the need for broader dissemination of available legal pathways. The study concludes that addressing these shortcomings is essential to further bolster the province's legal infrastructure and better address the intricate needs of its female population, particularly those from rural backgrounds.

Tension between judicial practices and the procedural iter regarding domestic violence judicial cases involving women

Violence within the family is a global problem that addresses with special concern that relapse against women. International guidelines point to professionalized care for women in different areas of public life, including access to justice, promoting the generation of specials data. The objective of the study is to characterize the judicial cases on domestic violence against women and referred to the Legal Clinic of the Finis Terrae University from the Center for Precautionary Measures of the Family Courts of Santiago de Chile, between the years 2017-2021, providing a better knowledge and understanding of the development of this phenomenon, from the judicial process. The methodology used has been quantitative and includes a universe of 553 causes. The results project to the need for fluid interaction between Family Courts and Regional Governments, as well as the importance of complying with legal procedures. Judicial practices require judges and officials of the Family Courts who are educated and attentive to considering timely attention in the various phases of the trial, as part of the guarantee of access to justice.

Legal Clinics in the Nonstate System of Pro Bono: Problems and Prospects (on the Example of the Legal Clinic of the Voronezh State University)

The article discusses the main directions for improving the legal regulation of the provision of free legal assistance by legal clinics. Topical issues related to the definition of categories of persons entitled to apply within the framework of the nonstate system of free legal assistance to a legal clinic are highlighted, with no grounds for refusing to provide it. In addition, the requirements for clinicians established by legal acts, the possibility of providing legal assistance in the form of representation, and the expediency of consulting citizens by students with the obligatory presence of supervising teachers are evaluated. It also substantiates the need to introduce local regulations and regulations in each legal clinic. A significant gap is the question of unity in understanding the content of the activities of legal clinics, uniform standards of activity, and guarantees of the quality of such assistance, which are closely related to the mechanisms of control by the state. The issue of regulation and financing of the activities of legal clinics is raised, including the procedure for the functioning of automated systems and their processing of personal data. The authors propose to amend the current legislation regarding the grounds for refusing to provide free legal assistance by legal clinics. Also, focusing on the example of the Legal Clinic of Voronezh State University, attention is paid to approaches to entrance examinations and training under the program «Model Legal Clinic» and cooperation with government authorities and nonprofit organizations. The article concludes that it is necessary to further develop and support legal clinics in the system of free legal aid and solve existing problems to improve the quality of assistance provided and achieve greater accessibility for the population.

ормирование профессиональной компетентности курсантов образовательных организаций МВД России посредством работы в юридической клинике

The research considers the peculiarities of professional competence formation among employees of the internal affairs bodies of the Russian Federation in educational organizations of the Ministry of Internal Affairs of Russia. The research methodology includes the analysis of scientific literature, normative legal acts, induction, deduction and other general scientific methods of cognition. In modern conditions, employees of internal affairs agencies face a wide range of tasks that require not only deep knowledge and professional skills, but also the ability to critically analyze, effectively interact with citizens and apply legal norms. The existing system of professional training in educational organizations of the Ministry of Internal Affairs of Russia has specific features, such as closeness, combination of academic and official activities, which limits the possibilities of cadets and trainees to gain practical experience in interacting with citizens. The integration of legal clinics into the educational process makes it possible to overcome these limitations by providing students with the opportunity to directly participate in the provision of free legal assistance and legal education of the population. This helps to develop the necessary professional competencies and improve the quality of training for internal affairs agencies. The research presents a list of competencies formed by cadets and trainees in the process of working in legal clinics, based on the analysis of which a conclusion is made about the possible usefulness of using legal clinics in the pedagogical process of educational organizations of the Ministry of Internal Affairs of Russia.

Effect of a Legal Clinic Program Within an Urban Primary Health Care Center on Social Determinants of Health: A Program Evaluation.

Individuals living in poverty often visit primary healthcare clinics for health problems stemming from unmet legal needs. We examined the impact of a medical-legal partnership on improving the social determinants of health (SDoH), health-related quality of life, and perceived health status of attendees of a Legal Clinic Program (LCP). This was a pre-post program evaluation of a weekly LCP established within an urban primary healthcare clinic to provide free legal consultation. Patients aged 18 years or older were either approached or referred to complete a screening tool to identify potential legal needs. Those identified with potential legal needs were offered an appointment with LCP lawyers who provided legal counsel, referrals, and services. For those who attended the LCP, changes in SDoH and health indicators were collected via a self-reported survey 6 months after they attended the LCP and compared to their baseline scores using paired t-tests, McNemar's test for paired proportions, and the Wilcoxon Signed Rank Test for related samples. During the 6-month evaluation period, 31 participants attended the LCP and completed both the baseline and 6-month surveys; 67.8% were female, 64.5% were white, 90.3% were not working full-time, and 61.3% had a household income of $700 to 1800 per month. At follow-up, 25.8% were receiving at least 1 new benefit and there was a statistically significant reduction in food insecurity (35.5% vs 9.7%, P < .05). Also, perceived health status using the visual analog scale (ranges from 0 to 100) significantly improved from 42.5 points (SD = 25.3) at baseline to 56.6 points (SD = 19.6) after 6 months (P < .05). The LCP has the potential to improve the health and wellbeing of patients in primary healthcare clinics by addressing unmet legal needs and SDoH.

Free legal assistance as a client-oriented service of legal clinics in Ukraine

Free legal assistance as a client-oriented service of legal clinics in Ukraine

CIVILIAN HOSTAGE LEGAL PROTECTION IN TIMES OF WAR: PURSUING EFFECTIVE TOOLS TO ENSURE THEIR CONSTITUTIONAL RIGHTS AND FREEDOMS

This article explores the issue of legal protection for civilian hostages in times of war. The authors of the article set out to answer the question of whether effective instruments for safeguarding the rights and freedoms of this specific category of citizens can exist. The study delves into the procedural differences and challenges inherent in the legal protection of civilian hostages, which deviates significantly from the conventional mechanisms of citizen legal protection. In the article, the authors present arguments suggesting that the establishment of specialized legal clinics is one of the effective instruments to ensure the constitutional rights and freedoms of civilian hostages. However, such initiatives should be undertaken in collaboration with civil organizations specializing in matters related to this category. Furthermore, another crucial tool for their protection lies in seeking assistance from international human rights institutions and actively working towards their release from captivity. The authors conclude that this comprehensive approach constitutes an effective system for the legal protection of civilian hostages in times of war.

Legal education activity of subjects of management of the system of providing free legal aid

The scientific article describes current issues of legal education in the field of law, its role and its objectives in the system of providing free legal aid in Ukraine. This article characterizes the main legal education requirements for the subjects of management of the system of providing free legal aid. We have analyzed legal acts that regulate certain issues of management of the system of providing free legal aid, such as the Law of Ukraine “On Free Legal Aid”, the Provision on Free Secondary Legal Aid Centres, the Provision on Coordination Centre for Legal Aid Provision, and the Model Regulation on the Legal Aid Office, which made it possible to identify such subjects of legal education in the system of management of free legal aid, such as the regional and local Legal Aid Centres, the Coordination Centre for Legal Aid Provision, and the Legal Aid Office. The article emphasizes that legal clinics, which are structural divisions of higher educational institutions, are also involved in legal education activity. We highlight that the subjects of management in the free legal aid system carry out legal education at all levels of managerial influence. The article emphasizes that the role of forms of cooperation such as the conclusion of memorandums and agreements between the subjects of management of the system of providing free legal aid and other institutions and organizations in the system of providing free legal aid has been increasing recently. In addition, we paid special attention to the importance of the functioning of legal clubs “PRAVOKATOR”, which play an important role in the professional training and development of the staff of the free legal aid system, as well as the functioning of the Distance Learning Platform on the basis of such clubs.Furthermore, the article describes the features of the functioning of the information platform for legal consultations “WikiLegalAid”, which was created to improve the quality, completeness and efficiency of legal consultations by employees of regional and local centres as well as the exchange of experience.We have also analyzed its role in the legal education activity of the subjects of management of the system of free legal aid.

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.

Clinical Legal Education as an Instrument to Adress Access to Justice

This report explores the role of clinical legal education in promoting Access to Justice and human rights. Legal clinics have the potential to provide practical skills to law students, sensitizing them to social challenges and Access to Justice issues while offering free legal advice to marginalized individuals. By effectively combining these approaches, legal clinics can contribute significantly to achieving greater Access to Justice. However, German law clinics take up a rather neglected role within German legal education. After highlighting the role of legal clinics within Access to Justice, the report assesses the movement of clinical legal education in Germany, providing a historic overview and discussing the current situation. The report then identifies the main challenges of the German clinical movement such as limited recognition in the academic environment and financial instability. In conclusion, institutional support, and recognition within the educational and academic fields are identified as crucial elements in enhancing Access to Justice through legal clinics in Germany.

The Interaction between the Legal Aid System and Legal Clinic Education in Chinese Universities based on the Perspective of Legal Knowledge Supply

The legal aid system in Chinese universities is an important supplement to the legal aid system in China, and another important layer of significance of legal aid in universities is that it is an important position for practical legal education, as opposed to the legal clinic courses introduced by foreign countries. The legal aid system in Chinese colleges and universities has limitations in its functioning due to its positioning, and the legal clinic course is not suitable for the existing curriculum system. Under the framework of legal practice education, the legal aid system in colleges and universities and legal clinic education are homologous and isomorphic, which makes it possible for the two to be closely integrated in the knowledge supply level of legal practice education. How the university legal aid system and legal clinic education should promote each other requires, on the one hand, the expansion of the scope of university legal aid and, on the other hand, the development of diversified funding channels.

Layered software development model applied to the creation of the ECJP Virtual Legal Office, from the Software Development Technology program

The layered software development model is a technique used for building web applications, enabling a hierarchical organization of software layers. This article presents a layered software development model applied in a virtual legal clinic system at a higher education institution. The software architecture proposed in this model is based on defining layers from the highest level to the lowest, which allows for easy integration of new functionalities and efficient project management. Furthermore, the layered architecture also enables abstraction of the application across any software or hardware platform, both on the client and server sides. Each defined layer can be replaced without the need to rewrite the others, making system maintenance easier. Additionally, the UNAD law program will have a robust and user-friendly system for all its users.

Legal Clinic as an Exotic Phenomenon in Hungary

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