YA Vawda, “Learning from experience: the art and science of clinical law”

This article examines the legal clinic system in South Africa. This article sets out a model for clinical supervision which attempts to combine close supervision with a highly interactive and participatory approach. This model requires that students are present at the clinic for an entire day during intake of clients. A typical intake day would follow the following routine:

1. Groups of 4 or 5 students interview their clients for an hour, and obtain a statement of the clients’ problem;
2. The interview is adjourned, and a discussion occurs between the student and supervisor to ascertain whether the former has obtain relevant information during the interview. At this time, if the information obtained through the interview is sufficient, the supervisor and student agree on a tentative analysis of the problem;
3. The interview resumes In the supervisor’s office, and the client is counselled by the student, the supervisor, or both, and all available options are placed before the student;
4. If the client is able to offer representation to the client, an agreement is reached and arrangements for the next meeting are made;
5. The student and supervisor continue to discuss the client’s circumstances, most appropriate strategies, and the practical tasks arising from the interview. The student is then required to begin research, and correspondence;
6. Later in the afternoon, a two-hour conference session, involving the team of students and their supervisors meet to review the events that transpired during the interviews and supervisor sessions. Students are required to:
   • Discuss their interactions with the client (which colleagues and supervisor comment on and critique);
   • Discuss their interactions with the supervisors, and any problems that arose; and
   • Provide a concise outline of the case and clarify the facts through questions
7. The supervisors then engage students in problem-solving exercise through questions and discussion;
8. Finally, the students are given a written take-home assignment based on their interviews.

This model enhances the skills of students enrolled in the clinic program and aims to develop greater confidence in handling legal tasks. Students are also supported in expressing themselves more clearly regarding legal issues and understanding their clients’ realities to a deeper extent.

The author suggests that clinical methodology requires close and direct supervision of students. Supervisors should ensure that students are working in an effective, efficient, and ethical manner for clients. A goal of supervision is to create a conducive learning environment for the development of students’ skills. Effective supervision requires supervision tailored for each student, dependent on the student’s level of experience, ability, knowledge, skill, and confidence. It requires a balance between guidance and independence.

YA Vawda, “Learning from experience: the art and science of clinical law” (2004) 29:1 J Juridical Science 116.