This article examines the role of technology in legal clinics during the pandemic and offers clinicians a series of suggestions for how to be more intentional about the use of technology in clinical programs. The authors use the term “the technology of lawyering” to represent the use of technology in legal practice that allows clients to be served more efficiently, improves law practice, and enhances the reach of legal services.
The authors conducted an online survey of clinical faculty during the winter of 2021 to better understand how clinicians altered their teaching and practices through technology during the pandemic. The survey indicated that clinical practice and supervision were more likely to occur using hybrid models that involved in-person and remote supervision. Generally, clinicians reported that technology somewhat (28%) or significantly (14%) enhanced their clinical practices. Only 24% indicated that the technology was more of a challenge than a benefit to their clinical practice.
Clinicians reported the use of collaborative or team-based technologies, including OneDrive, Google Drive, and Microsoft Teams. A plurality (43%) of respondents reported using personal cell phones for casework and supervision. The overwhelming majority of clinicians reported providing some technology training specific to clinical practice to their students.
In light of the technology of lawyering entering the clinical legal education space by way of the pandemic, clinicians are well-positioned to continue using technology within clinical pedagogy. Clinicians should help students explore the impact technology has on their identities, explore issues of unequal access to technology, and examine the ways that innovation can alter clients’ experiences and processes. Moreover, clinicians can help students prepare for uncertainty and provide them with the skills and knowledge necessary to assist clients who may experience technical difficulties or face barriers to accessing technology.
Sarah R Boonin & Luz E Herrera, “From Pandemic to Pedagogy: Teaching the Technology of Lawyering in Law Clinics” (2022) 68 Wash U J L & Pol’y 109.
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