Jeff Giddings, “Contemplating the Future of Clinical Legal Education”

This article draws on the history of clinical legal education, both in Australia and more broadly, and sets out best practices that promote clinical program’s long-term sustainability. The article considers the tension between goals related to student learning and those related to community service and the legal professional responsibilities of supervisors.  

The lack of federal funding for clinical legal education in law schools is a major barrier to providing adequate teaching and development within the legal clinic context. The author identified the resource-intensive nature of clinical education programs as a key barrier to greater utilization of such programs. It is suggested that enhancing existing supports as well as seeking out new forms of support will be necessary in addressing the resourcing challenges associated with community legal clinics.  

This article also notes that legal clinics provide a good environment to promote student learning related to ethics and values. Adequate supervision can introduce students to the range of uncertainties which legal professionals must address in their work. This paper also acknowledges the balancing role of developing an environment where students feel supported as well as challenged. Unfortunately, this delicate balance can be difficult to achieve in the absence of sufficient funding. As such, insufficient resources remain a key issue that must be addressed in the clinical legal education context. 

It is noted that other disciplines, such as education and social work, have an extensive history of providing clinical education experiences to students. As compared to various other professions, legal education appears to be the “odd one out” in that the profession has not historically emphasized the importance of the clinical training experience. While there has been a shift towards emphasizing this importance in recent years, providing supervisors with an enhanced understanding of supervision practices used in various other disciplines may be beneficial. In addition, encouraging engagement and discussion with members of other disciplines may aid in the refinement of supervisory practices in the clinical legal education context.  

Jeff Giddings, “Contemplating the Future of Clinical Legal Education” (2008) 17:1 Griffith L Rev 14.