Jeff Giddings, “Clinic in the times of Covid-19”

This article considers the challenges clinical legal education programmes face in responding to the Covid-19 pandemic. This article sets out the need for reshaping existing principles and sets out practices in line with effective clinic-based learning in light of uncertain times.

There are several aspects of clinical legal education that have been profoundly altered by the nature of the pandemic and are inherently related to supervision. Supervisors should focus on maintaining the role of student responsibility and learning by doing. The pandemic changed the way in which students take responsibility for addressing the legal needs of clients and the ability to interact face-to-face with clients. Face-to-face opportunities to work with clients have shifted to remote. This requires supervisors to be more active in directing and providing advice in clinic work.

Supervisors play a central role in ensuring that clients and students can engage in a manner that safeguards the confidentiality and security of all participants. Second, in light of communication difficulties amidst the pandemic and phone-based or virtual communications, supervisors should consider the following supervision practices:

• understand the objectives and priorities of the clinical program;

• communicate clearly with all participants;

• be sensitive to the needs and concerns of all participants;

• be collaborative;

• plan for student development; and

• be accountable.

Third, supervisors should continuously discuss the significant social justice issues that exist for clients, particularly in light of the precarity of Covid-19.  Fourth, supervisors should emphasize team-based arrangement and collaborative learning.

Notably, amidst the pandemic, supervisors should be flexible and take a more active role in student work, engage in more intensive discussions with students, and continue to engage closely with students.

Jeff Giddings, “Clinic in the times of Covid-19” (2020) 11:2 Jindal Global L Rev 229. Alternative version available via SSRN.