(NAME OF YOUR INSTITUTION)
Streetlaw programme
Handbook
2006 Edition
The name Street Law Ô has been registered in the USA by Street Law Inc of Washington DC, USA. Street Law Inc is a not-for-profit organisation that promotes legal literacy and human rights. The term Streetlaw has been adapted for use in the UK and is used in this context with Street Law Inc’s knowledge.
This Handbook is based on one originally devised by The College of Law, and we are grateful to the College for allowing us to adopt and amend it.
Please note: this Handbook can be reproduced or amended by your institution providing the above acknowledgement is retained in full.
November 2006
CONTENTS
Page
1 Welcome to (your institution) 5- 7
2 About clinical legal education 8-10
2.1 How will I learn from the experience?
2.2 What knowledge and skills will I use?
2.3 What standard will I be expected to achieve?
2.4 How will I know that I am doing things right?
3 The Streetlaw clinic 11-15
3.1 Streetlaw in action
3.2 Taking part
3.3 What are the learning outcomes in a Streetlaw clinic?
4 Your participation 16-22
4.1 How will Streetlaw work?
4.2 Typical timetable for a Streetlaw group
4.3 What will the issues be and how will they be identified?
4.4 What if the issues raised involve areas of law that I know nothing about?
4.5 What if the issues addressed by, or raised at, the Streetlaw sessions are sensitive or controversial?
4.6 What records will I have to keep?
4.7 What about photocopying, processing and printing?
4.8 How will I be contacted?
4.9 What happens if my course work comes into conflict with my pro bono commitments?
4.10 Do the Law Society’s rules of confidentiality apply to my Streetlaw work?
4.11 Am I allowed to receive any money or other gift from anyone I work with on Streetlaw?
4.12 Can conflicts of interest arise and if so what do I do?
4.13 What if there are complaints?
5 Working with community groups 23
6 Who are the members of staff on the Streetlaw team at (your institution)? 24
7 Getting the message across 25-27
8 What does an effective presentation look like? 28
9 A working example 29-34
10 Methods 35-44
10.1 Brainstorming
10.2 The P.R.E.S. method
10.3 Think, Pair, Share
10.4 Small-group work
10.5 Round robin
10.6 Case studies
10.7 Take a stand
10.8 Rôle-play and simulation
A final word 45
Appendix A –
A Guide to Professional Practice 46-51
Appendix B – 52-56
Acknowledgement of commitment form
Practice run-through evaluation form
Appendix C – Student self-evaluation form 57-59
1. Welcome to (your institution)
At (your institution) you will hear the terms pro bono and clinical legal education a great deal, especially on the Streetlaw programme. Let us look at what they mean.
Why pro bono? We believe that, as lawyers, we have a responsibility to meet the needs of members of the community who require access to legal services. Some may pay privately for such help; others may qualify for publicly funded assistance. Many, however, rely on the personal commitment of lawyers to ensuring that needs are met regardless of ability to pay and personal circumstance.
Many lawyers meet this professional expectation by giving some of their time to clients and community groups on a voluntary basis. More recently, attempts have been made to co-ordinate this activity through the work of organisations in the not-for-profit sector – notably LawWorks (formerly the Solicitors’ Pro Bono Group) and the Bar Pro Bono Unit. The creation of the Community Legal Services Scheme has also provided opportunities for structured pro bono development.
(Your institution) is in a position to contribute to this pro bono movement through a range of activities and especially through the Streetlaw initiative.
… and clinical legal education? Whilst we are keen to promote services for the public benefit, involving students in pro bono work provides a powerful boost to legal education, and this is our main focus. Through such hands-on approaches to study students markedly develop their knowledge, skills and professionalism. However, we must make sure that what we do is professionally acceptable and to that end all of students’ work is closely monitored by qualified lawyers.
Access to law, however, does not just depend on a lawyer’s help in individual cases. In order to understand rights and responsibilities people must be legally literate. To address this aspect of pro bono and clinical work, (your institution) has set up a Streetlaw programme. Under this scheme students on (insert name of course or programme), supported by their tutors, work with community groups to identify legal concerns. The students then research the relevant material and present their findings to the partner groups in a user-friendly form. Through discussion, rôle-play and other inter-active methods, students and the community group members both learn about the law.
This programme has been successfully piloted in schools, prisons and community centres, and with a variety of other interested groups including tenants, claimants, patients, single parents and volunteers with not-for-profit organisations.
We aim to conform to the appropriate legal practice and educational standards and follow, as far as possible, common procedures in all our Streetlaw work. This not only helps to maintain quality but ensures that the student experience is equivalent.
(Insert if appropriate):
(Your institution) is delighted to announce that it is working closely with (insert name of partner organisations e.g. law firms, schools, other groups) in developing our Streetlaw programme.
This Handbook will guide you through the experience of working and learning on the Streetlaw programme. It describes the ground rules of Streetlaw, the professional standards applicable and the rôle of clinical education as part of your studies or in your rôle as tutor. It also gives you a guide to working with the community and material on different teaching and learning strategies, including presentational skills.
We hope that you will find this Handbook useful. You are advised to have it to hand at all times you are involved in our pro bono work. Any comments you wish to make on the content of this Handbook, or the pro bono and clinical programmes in general, are welcome.
(Add here details of any other pro bono schemes offered by your institution such as placements or in-house legal services such as advice or representation.)
But please note:-
Because the services we offer are for real clients we owe a professional obligation to them. Your supervisors and you are responsible for the quality of those services. We carry professional indemnity insurance in case any of us makes a mistake. However, we must ensure that we do all we can to deliver a professional service. We will do all we can to make sure this happens. You too must play your part:
· by following, to the letter, the procedures set out in this Handbook;
· by turning up, on time, for every meeting – whether that is with your client, your ‘firm’ members or your tutor; and
· by taking part in the end-of-case evaluation.
We take this so seriously that if you do not behave in the appropriate professional manner we reserve the right to remove you from the case. You would then not qualify for the certificate of participation. If there are major failures of professional responsibility, for example failing, without reasonable excuse, to attend a meeting, or breaching client confidentiality, we may have to inform your personal tutor which might affect any reference he or she may be asked to give. If you stick to the rules we lay down you will be fine.
If you feel that you cannot commit to this standard please do not take part in our pro bono work.
Such a stern warning is necessary to make clear the nature and importance of our work. Having said that, in our experience failings on the part of our students are very rare. In most instances the student performance is exemplary and both you and we are proud of the service we are able to give.
If you do, thank you for joining our team.
Best wishes and enjoy your involvement.
For further information on Streetlaw in particular or pro bono/clinical work in general please contact:
(Name of person responsible for programme)
Streetlaw Co-ordinator
(Address)
Tel: …………….. Fax: ……………..
E-mail: ………………….
2. About clinical legal education
Clinical legal education is a teaching and learning method where students undertake real (or simulated) legal work under supervision of practising lawyers and then have the opportunity to review critically that experience and reflect on what happened (or didn’t), and why. This work offers the chance to gain further experience of applying legal principles, ‘lawyering’ skills and professional values in a practical setting. Each experience is followed by in-depth discussion with tutors and other clinic participants so everyone can learn from what has taken place. This produces a cycle of learning – application, reflection and re-application. Each clinical programme or clinic provides a vehicle for applied study.
Doctors, nurses, engineers and linguists use this hands-on approach to study, so why not lawyers? We believe that clinical legal education makes sense for everyone concerned. It provides a highly effective teaching methodology. It produces skilled and confident lawyers and can provide an important public service.
At the heart of Streetlaw is the same opportunity to learn through experience, while helping others.
2.1 How will I learn from the experience?
There are three principal ways in which you should learn and benefit from a clinical experience:
· working on real legal problems with real people;
This involves identifying issues, conducting research, solving problems, applying knowledge and skills and communicating the outcome of your work to others.
· discussing with colleagues and tutors;
In-built into all our clinical programmes are opportunities to assess what has happened and why. Preparatory meetings will be held before you begin your clinical work. There will be regular meetings during the conduct of your case with teaching staff and other student members of the pro bono team.
· and, evaluating your experiences.
Whilst discussion forms an important part of your learning, we also ask you to undertake an evaluation of your experience at the end of your case or time doing pro bono work with us. This stage is intended to encourage you to reflect on, and learn further from, the overall experience.
Although we aim to provide a useful service, the main rationale of clinical education is to aid your learning. Self-evaluation is a vital part of this process. We will therefore ask you to do two things after you have worked on your case presentation:
first, complete a self-evaluation form. This asks you to think about what you achieved, what you could have done better and what, with the benefit of hindsight, you might have done differently. Your tutor will consider this form together with your case file to assess whether you have met the criteria for the award of a certificate of participation. The form will also help the tutor write references for you. It may also be used as part of any module assessment.
And, second, attend a meeting, each term, with other participants and future participants, to discuss in general terms your involvement. Learning from the experience of others is as important as reflecting on your own work.
2.2 What knowledge and skills will I use?
To a certain extent, the answer to this will depend on the issue or case you are working on. If, for example, you are working with a client group on problems they are having with their rented flats, you may have to look at a range of laws covering the relationship of landlord and tenant. If, on the other hand, you are making a presentation on prisoners’ rights, you may be dealing with a whole host of laws, not the least being the provisions of the Human Rights Act. In any event certain key issues will arise regardless of the detail of the case or issue you are working on. You may have to do any or all of the following:
· conduct interviews;
· analyse complex factual situations;
· conduct legal research;
· draft documents (including letters that can be readily understood by your client group or any individual client);
· solve problems (in a practically appropriate way);
· work effectively as a team;
· maintain a file;
· manage your time;
· develop your presentation skills (and be an effective advocate).
You may soon come to realise that it is not just what the law says that matters (presupposing that you have correctly identified the legal issues and accurately researched the position). The options open to the client and the relative merits of particular courses of action (including the cost and risk implications) need to be appreciated and explained. The solution or preferred option may not be based solely on a given client’s legal ‘rights’ or ‘responsibilities’. Solutions are what work for the people concerned. But you do need to understand the legal framework to know what is possible.
In addition, you should become familiar with the ethical and professional framework relevant to legal practice.
2.3 What standard will I be expected to achieve?
We owe a duty to provide a competent and professional service to all groups and clients we work with or advise. Where we offer a service to the public as solicitors we are subject to the professional rules and disciplinary procedures of The Law Society. In our Streetlaw programme we owe a duty to the groups we work with to ensure that what we present and discuss is legally and procedurally accurate (as well as being understandable!)
All work that you do as a student will therefore be supervised by professionally-qualified staff. We expect high standards of work from everyone involved in our pro bono and clinical efforts, but we aim to offer similarly high standards of support and feedback. We also carry professional indemnity insurance to protect everyone concerned, in the unlikely event of things going awry.
2.4 How will I know that I am doing things right?
Apart from being closely supervised at all stages of your participation, we believe that you will wish to know whether the work you have produced and your overall contribution has been of a satisfactory standard. The best way to achieve this is through a process of evaluation and feedback, coupled with a consideration of your materials and, if relevant, your file, by the tutor. If you have achieved a satisfactory standard, you will be presented with a certificate at the end of the year to acknowledge your achievement. The criteria for this and any other module assessment will be provided for you separately and in advance of your embarking on your clinical work.