Nancy M Maurer & Robert F Seibel, “Addressing Problems of Power and Supervision in Field Placements”

This article examines the power dynamics that exist in the supervision of law students in legal clinics. The authors explore the potential consequences of failing to address the issues arising from those dynamics, including ethical ramifications, termination of the program, or possible worksite sexual harassment. This paper suggests that supervision is the primary vehicle for teaching students about power dynamics and for enhancing their experience during the field placement.

Supervisory relationships in law practice are fraught with pressures to conform and to comply with authority, i.e., supervisors, though these may not always rise to the level of sexual harassment. Addressing these power dynamics in the clinic setting will increase student awareness and ability to address power issues later in other aspects of legal practice. Failing to address power problems, both covert and overt, can extend past the individual student. These may include other students, the law school community, the placement, and others. Power imbalances can significantly interfere with the learning process and create long-term negative responses to work-related power imbalances.

Ensuring students are aware of the power imbalances within supervisory relationships involves 1) communicating the particulars and expectations of the placement and 2) seeking out information with respect to student expectations. Supervisors should illicit information with respect to the goals of the student throughout the entirety of the supervisory relationship.  The pre-screening process should require students to articulate the goals of the placement, and supervisors should play an active role in helping the student achieve those goals. Another place where the issue of power imbalances can be discussed is during orientation, where students can be empowered to take ownership over the development of the supervisory relationship and make the power imbalance a frequent conversation.

Finally, during the course of the clinic term, supervisors can help to mitigate power imbalances by being transparent about assignments and their expectations, being willing to give frequent and meaningful feedback, and engaging in supervisor training.

Nancy M Maurer & Robert F Seibel, “Addressing Problems of Power and Supervision in Field Placements” (2010) 17:1 Clinical L Rev 145.