Legal Skills VI Internal Assignment 2

SUBJECT: - LEGAL SKILLS

INTERNAL ASSIGNMENT – 2

PRESENTED TO: - UJWAL NANDEKAR

PRESENTED BY: - RESHMA A. NAIR

1ST YEAR LL.B (3YRS)

PRN NO: 17010122049

TOPIC: -IMPORTANCE OF CLINICAL LEGAL EDUCATION IN INDIA

1
Legal Skills VI Internal Assignment 2

Table of Contents
ABSTRACT: ............................................................................................ 3
INTRODUCTION:- ................................................................................ 3
WHAT IS ‘CLINICAL LEGAL EDUCATION’? ............................... 4
HISTORY OF CLINICAL LEGAL EDUCATION: ........................... 5
NEED FOR CLINICAL LEGAL EDUCATION: ............................... 6
WHAT IS THE PROBLEM OF CLINICS? ........................................ 7
ROLE OF LAWYERS, JURISTS AND LAW SCHOOLS AND
STUDENTS:- ........................................................................................... 8
SUGGESTIONS: ................................................................................... 10
CONCLUSION: ..................................................................................... 11
REFERENCE:- ...................................................................................... 12

2
Legal Skills VI Internal Assignment 2

ABSTRACT:
In India, Clinical Legal Education has been a significant part of legal education. The concept is
fast expanding across the globe also. The Clinical Legal Education is necessary to bridge a gap
between theory and practice. Various attempts were made in India, to have a sound and efficient
clinical legal education program. But the all ended in vein due to the lack of forethought by the
authorities. The aim of this article is to know the various types of Clinical legal Education, its
necessity in curriculum and current initiatives and practices in Indian Clinical Legal Education.

INTRODUCTION:-
Clinical legal education is essential in preparing law students to practice law effectively. It involves
teaching students to be lawyers by learning through experience or “learning by doing.” Clinical
legal education is in the midst of an exciting period of growth and development, prompting
clinicians around the world to reflect on what clinical education’s remarkable successes over the
past forty years mean for its future.1Generally, Indian law schools as a part of the syllabus offer
clinical legal education programs. Usually, Indian law schools offer “legal aid cells” where
students, largely without faculty supervision, perform legal services for poor communities. Clinics
are important because they prepare students to practice law by teaching them valuable skills such
as fact-finding, investigation, interviewing, and legal research and writing. Students also develop
a sense of social justice and empathy through their work with disenfranchised groups. Although
there are many possible ways for clinics to be structured, the Citizen Participation Clinic is an
important example of a clinic that can be successful within the Indian context. In Clinic
collaborates with community based non-governmental organizations (NGO) which provide access
to and continuity with the communities. The nongovernmental organizations benefit from the
collaboration because the program builds their capacity to use the political process and legal
mechanisms to further the rights of the communities. Additionally, law students provide much-
needed manpower to the non-governmental organizations. Through their participation in the
Citizen Participation Clinic, students are trained in basic lawyering skills, learn about the
devastating economic and social problems facing the majority of Indians, and reflect on ways they

1
A. S. Anand, H.L. (1998) Sarin Memorial Lecture: Legal Education in India – Past, Present and Future, 3 SCC (JOUR)
1, 2.

3
Legal Skills VI Internal Assignment 2

can work to improve these conditions as lawyers. In India, the Bar Council, Law Commission, and
other important government and non-governmental agencies have recognized the importance of
clinical legal education, yet it has not been adequately developed. Among other things, this is so
because of a lack of resources devoted by law schools to clinics, lack of trained faculty, failure to
give workload credit/reductions to faculty and academic credits to students, and a regulation that
prevents faculty and students from practicing before courts in India.2

WHAT IS ‘CLINICAL LEGAL EDUCATION’?

The Clinical Legal Education is a term which encompasses learning, which is focused on enabling
students to understand how the law works in action. This can be done by undertaking real or
realistic simulated case work. In early days law is thought as one of the curriculum available to the
students. Even though the casebook method was growing in earlier days, there were critics of this
method from the beginning. The firsthand experience method will really educate the law students.
The legal education clinics if properly channeled will help the students to gain their knowledge.
Clinical Legal Education is only one way in which theory and practice can be brought together.
The term ‘Clinical Legal Education’ can be defined in various ways: “Clinical Legal Education is
essentially a multi-disciplined, multipurpose education which can develop the human resources
and idealism needed to strengthen the legal system… a lawyer, a product of such education would
be able to contribute to national development and social change in a much more constructive
manner.”3

“A learning environment where students identify, research and apply knowledge in a setting which
replicates, at least in part, the world where it is practiced. It almost inevitably means that the student
takes on some aspect of a case and conducts this as it would be conducted in the real world.
4
Though the aims and objective of each type of clinics are same in principle, based on the actions
to be taken, the legal clinics may be divided into three types:

2
Kuljit Kaur, “Legal Education and Social Transformation” available at: http://alsonline.amity.edu/Docs/
alwjlegkk.pdf (last visited on 8th march,2018, 13:17pm)
3
Richard Lewis, “Clinical Legal Education Revisited” Professor of Law, Cardiff University, Wales, United Kingdom,
Pg. 5, available at:http://www.law.cf.ac.uk/research/pubs/repository/21(last visited on 8 th march,2018, 13:42pm)
4
N. R. Madhava Menon( 1998), “Clinical Legal Education”, chapter 2, Pg.25, Eastern e- Book Company Lucknow

4
Legal Skills VI Internal Assignment 2

1. Simulation clinic: Students can learn from variety of simulations of what happens in legal
practice. Cases can be acted out in their entirety, from the taking of initial instructions to a
negotiated settlements or Court hearing. Such sessions can be run as intensive courses or spread
through all or part of the academic year in weekly slots. Other simulations can range from
negotiation exercises, client interviewing exercises, transaction exercises etc.

2. The In-house real client clinics: In this type of clinic the clients require actual solutions to
their actual problems hence it is called as real client clinic. The client may be selected from a
section of the public. In this model the clinic is based in the law school. It is offered, monitored
and controlled in law school. The service is given in the form of advice only or both advice and
assistance. In this type of Clinics, Clients are interviewed and advised orally or in writing and also
helped with the preparation of their cases. The clinic may operate as a paralegal services or a fully-
fledged solicitor’s practice.

3. The out-house clinic: It is a clinic that involves students in exercising legal work outside the
college or university. These types of clinics may operate on the basis of advice giving only. Such
agencies are run by trade union councils and other non-statutory bodies. The clinic might take the
form of placements in solicitors’ office or barristers’ chambers.

HISTORY OF CLINICAL LEGAL EDUCATION:

During British rule, legal education in India followed the general colonial model of producing
clerks, not managers or advocates. Its primary goal was to support the existing financial interests
of England, certainly not to reform the local legal profession5. After independence, legal education
was expected to bring the legal system in tune with the social, economic, and political desires of
the country. With 500 law schools and 40,000 law students graduating every year, law schools
could play a pivotal role in promoting and providing justice, particularly through the field of legal
aid? But, until clinical programs entered the scene, skills training and social justice work were out
of the legal education agenda. Legal doctrine dominated law school syllabi, with virtually all
instruction offered through classroom courses dominated by traditional lectures in India.

5
Govt. of India, Ministry of Law, Justice, and Company Affairs, Processual Justice to the People: Report of the
Expert Committee on Legal Aid (1973)

5
Legal Skills VI Internal Assignment 2

Article 39A of the Constitution of India provides that State shall secure that the operation of the
legal system promotes justice on a basis of equal opportunity, and shall in particular, 404 F. 2d
571 - Court of Appeals, 8th Circuit 1968. 11 provide free legal aid, by suitable legislation or
schemes or in any other way, to ensure that opportunities for securing justice are not denied to any
citizen by reason of economic or other disability. Articles 14 and 22(1) also make it obligatory for
the State to ensure equality before law and a legal system which promotes justice on a basis of
equal opportunity to all. Legal aid strives to ensure that constitutional pledge is fulfilled in its letter
and spirit and equal justice is made available to the poor, downtrodden and weaker sections of the
society. Sec. 304, Criminal Procedure Code: The Constitutional duty to provide legal aid arises
from the time the accused is produced before the Magistrate for the first time and continues
whenever he is produced for remand. Since 1952, the Govt. of India also started addressing to the
question of legal aid for the poor in various conferences of Law Ministers and Law Commissions.
In 1960, some guidelines were drawn by the Govt. for legal aid schemes. In different states legal
aid schemes were floated through Legal Aid Boards, Societies and Law Departments. In 1980, a
Committee at the national level was constituted to oversee and supervise legal aid programmes
throughout the country under the Chairmanship of Hon. Mr. Justice P.N. Bhagwati, then a Judge
of the Supreme Court of India. This Committee came to be known as CILAS (Committee for
Implementing Legal Aid Schemes) and started monitoring legal aid activities throughout the
country. The introduction of Lok Adalats added a new chapter to the justice dispensation system
of this country and succeeded in providing a supplementary forum to the litigants for conciliatory
settlement of their disputes. In 1987 Legal Services Authorities Act was enacted to give a statutory
base to legal aid programmes throughout the country on a uniform pattern. This Act was finally
enforced on 9th of November 1995 after certain amendments were introduced therein by the
Amendment Act of 1994.

NEED FOR CLINICAL LEGAL EDUCATION:

In Institutions of Law Clinical legal education is a different approach to the learning of law; it
encompasses experimental learning, or “learning by doing.” Practical training generates
confidence in students as their success is determined by their own efforts rather than external
factors. It gives opportunities for the knowledge to be applied, and also calls for reflection and
self-examination, so that, students will be self-motivated and highly committed to the work.
Further, Clinical Legal Education is based on practical approach and hence it helps in acquisition

6
Legal Skills VI Internal Assignment 2

of skills which are very much essential to an advocate. The skills may include like Research skills,
Communication skills, interviewing of clients and witnesses, Counselling, Drafting, Negotiating,
and Problem Solving etc skills. A law clinic can help to these skills along with developing a rapport
between the law school and the society. It can offer advice and assistance to local people and help
to reduce isolation. Also the students can be able to understand the problems of different generation
and background. This experience can add to their understanding of the position of others in society,
and can increase their maturity and sense of responsibility.

WHAT IS THE PROBLEM OF CLINICS?

1. The Integration of the clinic within the law school: Some eminent authors stated that there is a
danger that the clinic will become an isolated outpost of the law school, and not absorbed within
its mainstream activity. To avoid diversion of students from the rest of their legal teaching, it is
important to draw clear links between substantive law courses and work done in the clinic. For
example, problems arising in the clinic can be re-examined in other law classes, research can be
done on them, and even action recommended. A wide range of teacher involvement is desirable.
However, there is no ready-made solution to the problem of integration.

2. Resources: Extra resources must be allocated to the teaching and running of the clinic. This can
be another cause of resentment for traditional academics who are less involved in skills teaching,
and it is another reason why the support and involvement in the clinic of the law school is needed.
The pressures created by the high caseload may badly affect the moral of both staff and students.
Resources can be particularly stretched if the clinic operates an open door policy and attempts to
deal with all cases which come in off the street. Hence there is need to limit access in some way.

3. Difficulties in supervision and assessment: Supervising students in the clinic is

difficult task. It is important to include checks on the quality of work being done for the system
of supervision. The dangers of public service: The idea of providing free legal advice is attractive
but problems can develop if the public service aim takes precedence over that of providing asound
and well-rounded legal education

5. Relationship with the local legal profession: Some may fear that a legal clinic
offering free legal work will upset the law school’s relation with the local legal profession.

7
Legal Skills VI Internal Assignment 2

ROLE OF LAWYERS, JURISTS AND LAW SCHOOLS AND STUDENTS:-

A. LEGAL AID IN LAW SCHOOLS:

The role which the law schools play in the provision of legal aid has been an aspect which has
largely been ignored in academic discourse. Lesser still has been written about their role in
alternative dispute resolution in India. It is due to the lack of recognition of the role that Clinical
Legal Aid plays that the problems of the institutions continue to plague legal aid in India. The role
of law schools in training lawyers is a concept which is relatively new. Law schoolstraditionally
taught the theory of the law while the job of training of legal professionals was left to the Bar in
the form of apprenticeships6. This changed to some extent with the introduction of the case-book
method in the 1900s at Harvard. However, this was found to be insufficient and a need was felt
tocounter-balance this with practical experience. 7The solution was found in the form of “legal
dispensaries” or clinics, inspired by the model of free medical aid in medical colleges. Here, poor
persons could come for free consultation and advice. While most of the work of these clinics
focused on poverty-based issues, the bulk of it was in the nature of counseling which was not
court-centric. With the growing demand for “relevance in education” legal education shifted its
attention to social issues. Over the years, due to the specializations in various areas of law, there
has been a diversification in the areas in which these clinics operate and range from areas as diverse
as taxation and intellectual property to a specialized branch called “street legal aid” wherein day-
to-day issues as well as poverty-centric issues are addressed. These clinics exist in many different
forms, depending on local social and political circumstances and sometimes the available sources
of funding. 8The objective of clinical legal education, therefore, has been two-fold. Their primary
aim is to ensure that students get experiential exposure to diverse situations and the secondary aim
is to ensure that the objectives of social justice are met by providing assistance to those who faced
real legal problems in diverse field.

B. ROLE OF LAWYERS AND JURISTS:-

6
Dubin (1998), pp. 1463-1466.
7
The clinic thus becomes a 'case book' - not, however, of dead letters descriptive of past controversies, but always of
living issues in the throbbing life of the day, the life the student is now living.", William Rowe, quoted in Barry,
Margaret et al.(2000), p. 7
8
Bloch (2008), p. 123.

8
Legal Skills VI Internal Assignment 2

1. Integration of Social Values through Curriculum: Lack of social relevance and

humanistic approach in the curriculum alienates social values, ethics, gender perspectives,
views of minority etc. Therefore, by way of adding courses to the curriculum it address the
issues of gender, cultural migration, minority and indigenous. Peoples or allowing students
to work with people of other cultures, we can equip law students to revisit their
responsibilities to the marginalized section of the society. The law curriculum should be
introduced in integration with other disciplines. It is time to appreciate that the subject
matter of economics, sociology, anthropology, philosophy, literature and psychology are
essential to the education of the future law graduates. As the minimum, the budding
lawyers must be taught in the economics of law, lawsuits and Lawyering.
2. Professional Practice and Skills Development: Members of the legal profession need to
play the role of educator, and counselor. Therefore, lawyers must be trained in skills that
provide for a broader understanding of various facets of legal problems. Fundamental
lawyering skills are important to provide social justice; however, any set of skills confined
only to traditional methods of problem solving would be manifestly insufficient. Students
would be required to undergo the entire process of lawyering either by exposure to actual
cases or in dramatic simulations. In both instances, they are -to act as lawyers and learn the
details of lawyering from the experience of being a lawyer, real or simulating. While the
students work under the supervision of a practicing lawyer or a clinical teacher, they are
expected to face situations, analyze facts and take decisions independently. In interacting
with the clients and confronting facts of diverse nature and presenting them in the court,
the student lawyers get the real touch of the picture of the society. They understand law in
the context of the problems of the society and can form opinion about the quality of a
particular law. This awakens the students to the issues of social justice and installs in them
a sense of professional responsibility. But how successfully they will master the skills of
lawyering and how much they will be sensitized to social problems will depend much on
the quality of supervision by the clinical teacher.
3. Externship: In externships, students either participate as lawyers in the representation of
real clients under the supervision of practicing lawyers or they observe or assist practicing
4. lawyers or judges at work. These forms of experiencing aim:
• To broaden, extend, and deepen students' understanding of concepts and principles.

9
Legal Skills VI Internal Assignment 2

• To help students integrate theory and practice.

• To increase students motivation.
• To help students develop the knowledge, skills, and values they need as professionals.
5. Legal Service: The primary obligation to provide legal services to the poor resides with
the government, and to a lesser extent, with the legal profession and not with law schools.
Nevertheless, law schools do have some obligation to contribute in solving the crisis of
access to justice, and it seems obvious that the obligation is best accomplished by law
school clinics assisting lowincome individuals and communities that are underserved or
have particular difficulty obtaining lawyers because of the nature of their legal problems.
Unless we design our clinics to involve students in the delivery of legal services to clients,
we teach them too little about legal services work, underexpose them to the real world of
low income clients, miss opportunities to engage students in seeking fundamental changes
through class actions, and thus fail to meet the law school's obligation to make. a
meaningful contribution to addressing the access to justice problem.9

SUGGESTIONS:
To promote clinical legal education in India, it is critical:

• for the Bar Council to amend its rules to allow law professors to practice in the course of teaching
a clinical class and encourage law schools to dedicate faculty to teaching clinics and offer students
credits for participating in clinics;

• for vice-chancellors and other administrators of Indian law schools to devote resources to hiring
faculty and offering clinic classes with low student-teacher ratios;

• for law professors to develop sustainable clinics and work with law school administration to
implement them;

• for non-governmental organizations to collaborate with law schools to further their work with
communities and advance the social justice mission of education;

• for legal services authorities to broaden the scope of legal aid by supporting law schools to make
legal aid and advice easily accessible to communities within the premises of law schools; and for

9
Mohd. Shahan Ulla, CLINICAL LEGAL EDUCATION ROLE OF LAWYERS AND JURISTS IN
ESTABLISHMENT AND FUNCTIONING OF CLINICS,P 52.

10
Legal Skills VI Internal Assignment 2

grant making or funding agencies to fund law-school-based legal clinics to engage with
communities in strengthening democracy and improving governance for the advancement of
justice and the rule of law.

CONCLUSION:
The introduction of clinical legal education programs in Indian law schools is critical to teaching
essential skills to law students and instilling in them the importance of social justice. Effective
clinics provide legal services to poor and marginalized groups that would not otherwise receive
them. Though the BCI has made it mandatory to have clinical legal education in the curriculum,
the institutions are not showing much interest in adopting the necessary skills. But the purpose and
scope of legal education is to prepare students for the practice of the profession of law. Therefore,
the law and legal education which together constitute the backbone of society should change
according to the changing needs and interests of the ever changing society.

11
Legal Skills VI Internal Assignment 2

REFERENCE:-

Other Authorities
A. S. Anand, H.L. (1998) Sarin Memorial Lecture: Legal Education in India – Past, Present and
Future, 3 SCC (JOUR) 1, 2. ........................................................................................................ 1
Bloch (2008), p. 123. ...................................................................................................................... 6
Dubin (1998), pp. 1463-1466.......................................................................................................... 6
Govt. of India, Ministry of Law, Justice, and Company Affairs, Processual Justice to the People:
Report of the Expert Committee on Legal Aid (1973)................................................................ 3
Kuljit Kaur, “Legal Education and Social Transformation” available at:
http://alsonline.amity.edu/Docs/ alwjlegkk.pdf (last visited on 8th march,2018, 13:17pm) ....... 2
Mohd. Shahan Ulla, CLINICAL LEGAL EDUCATION ROLE OF LAWYERS AND JURISTS
IN ESTABLISHMENT AND FUNCTIONING OF CLINICS,P 52. ......................................... 8
N. R. Madhava Menon( 1998), “Clinical Legal Education”, chapter 2, Pg.25, Eastern e- Book
Company Lucknow ..................................................................................................................... 3
Richard Lewis, “Clinical Legal Education Revisited” Professor of Law, Cardiff University,
Wales, United Kingdom, Pg. 5, available
at:http://www.law.cf.ac.uk/research/pubs/repository/21(last visited on 8th march,2018,
13:42pm) ..................................................................................................................................... 2
The clinic thus becomes a 'case book' - not, however, of dead letters descriptive of past
controversies, but always of living issues in the throbbing life of the day, the life the student is
now living.", William Rowe, quoted in Barry, Margaret et al.(2000), p. 7 ................................ 6

Websites:-

www.indianexpress.com

www.timesofindia.com

www.legalserviceindia.com

www.lawyersclub.com

12