This book examines Australia’s dynamic clinical legal education space. The book discusses the critical aspects of effective supervision and examines international perspectives on approaches to best practices in clinical legal education.
Clinical methods will not achieve their potential without effective supervision tailored to both individual students and the objectives of the clinical experience. Without clear guidance and support, students will struggle to appreciate their working environment, resulting in detriments to clients and students themselves.
A survey of staff involved in Australian clinical programs found that some programs provide supervisors with written guidelines. For supervisors to understand and promote consistent practices, they require a deeper form of ongoing engagement and professional development. Supervisors access to their own supervision and support systems should include training on education theories and skills in the context of ongoing professional development.
In light of the relatively underdeveloped literature on supervision in the legal clinic context, much of which focuses on risk management with limited attention paid to other aspects, more attention should be paid to practices that will assist in fostering awareness of ethical and client-focused practices, fostering resilience, enhancing quality, mentoring, and promoting work practices that are sustainable in the long term.
Notably, there is no clear process for effective clinical supervision in the clinic context; it depends on the students involved, what they have already learnt, and what they expect to learn from the particular experiences in question. However, students generally require feedback about their performance. Some authors (Stuckey and others), have explored feedback and often refer to the theory of “frustrated non-reward.” This concept states that a lack of reward in circumstances where reward is expected will have an adverse effect. This adverse effect is much like punishment. Thus, a burden is placed on supervisors to ensure effective feedback is provided and to reinforce good performance. Supervisors must take a purposeful approach that involves working closely with students to foster structured reflection, assist students in understanding how and why to use such strategies, and give students multiple opportunities to incrementally develop understanding and skills in line with the clinic’s objectives.
Through a series of regional surveys of all Australian law schools and subsequent surveys and interviews, it became clear that there are many challenges in clinical legal education. It is difficult to foster an environment where students are both supported and challenged. Clinical education is expensive, and often, funding is limited. Many institutions have cut costs, giving way to clinical experiences with limited direct supervision and large supervisor-student ratios. Moreover, many legal practitioners begin supervising students with little training or guidance, and often guide their approaches based on their own experiences of workplace supervision. Another common issue within clinical legal education is the challenges in balancing the needs of students with client demands for legal services. Supervisors can balance those needs through their relationships with students by understanding the program goals, communicating clearly, being sensitive, collaborating, planning student development, and being accountable.
With the rise of online legal education, there are many challenges associated with online supervision. Reliance on technology can generate technical issues. The absence of actual face-to-face contact alters the sense of presence between the parties. Thus, supervisors should seek to avoid over-reliance on email and find other ways to engage with students, such as through video conferencing.
Adrian Evans et al, Australian Clinical Legal Education: Designing and Operating a Best Practice Clinical Program in an Australian Law School (Australia: ANU Press, 2017).
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