Transcript CLE: Integrated and Scaffolded throughout the curriculum

NEWCASTLE LAW SCHOOL:
The Professional Law School
ALTA Conference 2012: Best Practices in Australian
Clinical Legal Education, July 2012, Sydney
Clinical Legal Education
Newcastle style*
• A whole of curriculum approach from the
commencement of law studies through to completion.
• Collective responsibility by staff to align learning
outcomes with the School’s clinical legal education
approach.
• Clinical experiences are aligned with the degree’s
learning objectives, the School’s graduate profile,
University graduate attributes and APLEC
Competency standards for Entry Level lawyers
together with the admission requirements of admitting
authorities.
*I acknowledge the assistance of Katherine Lindsay, LLB Program Convenor & Director of Curriculum,
Newcastle Law School in the preparation of this presentation.
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Our distinctive feature is our fully-integrated clinical
legal education program which is based around a ‘live
client’ model ( the ‘Professional Program’).
Our students “experience the law”.
• Its centrepiece is the University of Newcastle Legal
Legal Centre (UNLC), co-located with seminar
teaching rooms and lecture theatres in Newcastle
city.
CLE: Integrated and Scaffolded
throughout the curriculum
• First Year Experience: Small classes - active
engagement model of learning - school leaver and
graduate streams
• Simulated client matter – a sexual harassment
case - running a file – following client’s case through
to compulsory conciliation – reflection exercise on
ADR*
• Observation of client interview at UNLC during
semester 1, a post-interview reflection with UNLC
clinical supervisor and then written reflection exercise
• *Up Close and Personal – Creating a Simulated Client
Experience for First Year Law Students by Ann Apps, Sher
Campbell, Kate Lindsay and Nicola Ross
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CLE: Integrated and Scaffolded
throughout the curriculum
• FYE: Peer learning in appellate advocacy
exercise.
Apprenticeship
of the heart,
head and hand
– William M.
Sullivan et al,
Educating
Lawyers:
preparation for
the profession
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Professional
Skills
CLE: Integrated and Scaffolded
throughout the curriculum
• 2YE : Criminal Law and Procedure - court
observation exercise and reflection of a Local
Court matter
• 3YE : Contracts - problem solving approach
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Professional
Skills
Apprenticeship of
the heart, head and
hand
CLE: Integrated and Scaffolded
throughout the curriculum: 4YE, 5YE
• UNLC is the centrepiece: the School’s legal practice
is an intensive teaching and learning facility serving
disadvantaged members of the community in
accessing the legal system and justice.
• Strong integration of doctrine and legal practice,
further incremental development of skills and values
over two years.
• Professional Program students have intensive real
client exposure and are involved in in-depth case
work.
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Professional
Skills
Apprenticeship of
the heart
CLE: Integrated and Scaffolded
throughout the curriculum: 4YE, 5YE
• A minimum of 100 hours of professional placement
must be successfully undertaken at the UNLC before
a student can progress to an externship, most
students undertake 180 hours at UNLC.
• Students are required to complete a total of 360
hours of professional placement.
• Together with advice clinics, the UNLC outreach
activities include Law on the Beach and ‘Street Law’
program for international students.
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Professional
Skills
Apprenticeship of
the heart, hand
CLE: Integrated and Scaffolded
throughout the curriculum: 4YE, 5YE
• Mandatory clinical modules as required by admitting
authorities together with specialised modules which
align with UNLC casework and staff specialisation
including Environmental Practice, Consumer Credit
and Tribunal Advocacy
• Aligning clinical modules with core LL.B. courses Family Law Practice module with Family Law in the
LL.B.
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Professional
Skills
Apprenticeship of
the heart, hand
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Adding value to legal education
• Opportunities to discuss UNLC casework
across the entire cohort
• Understanding of the legal and social issues
which provide a context for the practice of law.
Promotes identification of non-legal issues –
placement of social work students at UNLC
• Promotes student autonomy and collaboration
with peers
• Inculcates an ethic of professionalism
• Exposure to real ethical issues which can
involve uncertainty and conflict
Professional
Skills
Apprenticeship of
the heart
Adding value to legal education
• Recent student feedback after UNLC
placement:
“Practical problem solving becomes an essential
asset as a result of this program, as students
are forced to recognise the reality that the
remedies we discover for clients must not only
be effective but affordable as not every client is
able to afford their day in court. Not everything
goes to the High Court.”
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Public Interest casework
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Some Statistics...
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• About 2/3rds of our cohort undertake the Professional
Program, entry is subject to a quota
• In 2012, 122 students enrolled in Professional Program,
student/staff ratio on placement at UNLC 1:8 .
• Law School Staffing profile – 25 with 5.5 designated
clinical staff, clinical staff teach into LLB program and vice
versa.
• 4th year students attend UNLC 7 hours per week on
placement throughout the semester and attend a minimum
of 7 advice clinics throughout the year, most 5th year
students undertake an externship.
• Compulsory module seminars are about 5-6 hours per
week during the semester.
Academic Skills
Apprenticeship of
the heart
Assessment
Professional
Skills
• Clinical exercises in LL.B. courses are fully
graded
• Formative and summative assessment
through the Professional Program
• Pass/fail assessment of clinical exercises and
at clinic (under review)
• Portfolio folder records the development of
skills throughout the program
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20 years on... CHOICE in LEGAL
EDUCATION : Strains?????
• Institutional strain of increasing student
numbers, quota for admission on academic
merit
• Are non-Professional Program students
perceived as “poor cousins”?
• Ensuring all students have in depth clinical
experiences
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Marketability ...
• Networking for students during placement
and collaboratively working with peers.
• Positioning of the clinical program within the
law degree
• Employability of graduates - according to the
NSW Law Society Graduate Employment and
Summer Clerkship Programs 2011,
Newcastle Law School students have one of
the highest success rates in securing highly
competitive summer clerkships with major law
firms in Australia.
• Seamless transition to legal practice
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