Minna J Kotkin, “Reconsidering Role Assumption in Clinical Education”

This article examines the proposition that clinical methodology, which emphasizes individualized instruction, requires adherence to the role assumption norm. Role assumption by students involves taking on the role of a legal professional while assisting clients, the general experiential framework of clinical legal education. Positive norm assumers will be successful in replicating the norms of the practice, leading to the development of new skills and an increased ability to think independently and creatively. On the other hand, negative norm assumers may never develop their abilities if they are not put in a position where there is a gradual increase in responsibility.

There are several modifications that could serve as an alternative to the rigid use of the role assumption format. These modifications consider the variance in student learning methods, acknowledging that some students need the opportunity to observe and critically examine the lawyering of others before they can effectively learn “in role”. Role assumption norms may encourage experiential opportunities for students but may also hinder broader clinical legal education goals. 

Clinical teachers should engage in conversations with students that elicit information with respect to how a particular student reacts to the various phases of experiential learning. However, teachers may also be able to rely on their past experience to predict who may fall into the category of poor role assumers, particularly in relation to the examination of an individual’s self-confidence or maturity levels.

Thus, there is value in utilizing modelling in clinical programs, albeit with some drawbacks. Modelling can be used in clinical programs in three ways. First, clinicians could ensure that there is a gradual shift of the lawyer role from supervisor to student throughout the clinical experience. Second, the student and teacher could assume different roles in different cases. Thirdly, a supervisor’s case-handling experience should be used as the basis of a clinical program’s classroom component.

Minna J Kotkin, “Reconsidering Role Assumption in Clinical Education” (1989) 19:1 NM L Rev 185.