Teach Your Students Well- Valuing Clients in the Law School Clin
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Teach Your Students Well- Valuing Clients in the Law School Clin
Cornell Journal of Law and Public PolicyVolume 2Issue 2 Spring 1993Article 3Teach Your Students Well: Valuing Clients in the Law School ClinicAnn Juer Teach Your Students Well- Valuing Clients in the Law School ClinrgensFollow this and additional works at: http://scholarship.law.cornell.edu/cjlpp& Part of the Law CommonsRecommended CitationJuet^ens, Ann (1993) ‘Teach Your Students Well: Valuing Clients in the Law School Clinic,' Cornell Journal o/Law and Public Policy: Vol. 2s Iss. 2, Article 3.Available at: h Teach Your Students Well- Valuing Clients in the Law School Clinttp: .'■/scholarshlp.law.cornell.edu/cjlpp/vol2/Us2/3This Article 1* brought to you tor free and open access by tbe.lounuls at SchoỉardupiạtComdl Law:Teach Your Students Well- Valuing Clients in the Law School Clin
A Digital Repository. It has been accepted for indurivn in Cornell Journal of Law and Public Policy by an authorized administrator oi Scholanhip0tTeach Your Students Well- Valuing Clients in the Law School Clin
sophisticated simulations cannot replicate. On the whole, the increasing use of real people’s stories to study law and the legal system is a wise movCornell Journal of Law and Public PolicyVolume 2Issue 2 Spring 1993Article 3Teach Your Students Well: Valuing Clients in the Law School ClinicAnn Juer Teach Your Students Well- Valuing Clients in the Law School Clinthan in the rest of the law school curriculum. Historically, clinics have been effective at teaching students advocacy, lawyering skills and ethics.2 Though scholars have begun to recognize clinics as rich sources of practical data,3 clinics re-f Associate Professor, William Mitchell College of Law. Teach Your Students Well- Valuing Clients in the Law School Clin A.B. Harvard University, 1973; J.D. University of Minnesota, 1976.1For a learned discussion of how the law school method of studying appellate decisiTeach Your Students Well- Valuing Clients in the Law School Clin
ons obscures the needs of the people who use the legal system, see John T. Noonan, Jr., Persons and Masks of the Law: Cardozo, Holmes, Jefferson, and Cornell Journal of Law and Public PolicyVolume 2Issue 2 Spring 1993Article 3Teach Your Students Well: Valuing Clients in the Law School ClinicAnn Juer Teach Your Students Well- Valuing Clients in the Law School Clinooks, legal histories, and treatises of jurisprudence. ... Neglect of persons, it appeared, had led to the worst sins for which American lawyers were accountable." Id. at vii.2Clinical programs are very diverse. Some schools use the term "clinic" simply to refer to programs that teach methods of law Teach Your Students Well- Valuing Clients in the Law School Clinyering as well as the doctrines of lawyering, with or without clients. This article focuses on the archetypical clinic — a teaching law office withinTeach Your Students Well- Valuing Clients in the Law School Clin
a law school that serves real clients using student lawyers. See Phyllis Goldfarb, Beyond Cut Flowers: Developing a Clinical Perspective on Critical LCornell Journal of Law and Public PolicyVolume 2Issue 2 Spring 1993Article 3Teach Your Students Well: Valuing Clients in the Law School ClinicAnn Juer Teach Your Students Well- Valuing Clients in the Law School Clinheir Beachhead, 35 N.Y.L. Sch. L. Rev. 239 (1990) (further descriptions and data on the varying conditions of live-client clinics in United States law schools).3See Conference, Theoretics of Practice: The Integration of Progressive Thought and Action, 43 Hastings L.J. 717-1257 (1992); Bernard Freamo Teach Your Students Well- Valuing Clients in the Law School Clinn, A340 Cornell Journal of Law and Publxc Pou main a largely untapped source of information for understanding practice, for testing social justice strTeach Your Students Well- Valuing Clients in the Law School Clin
ategies, and for uncovering the structures of the law. But even as clinical scholarship develops, and as clinical programs and their teachers gain incCornell Journal of Law and Public PolicyVolume 2Issue 2 Spring 1993Article 3Teach Your Students Well: Valuing Clients in the Law School ClinicAnn Juer Teach Your Students Well- Valuing Clients in the Law School ClinSecond, many law school faculties continue to marginalize their clinical counterparts.6Despite increased attention to clinical programs, client interests are frequently subordinated to the goals of students, clinical law teachers and law schools. The continued absence of debate concerning the cost, Teach Your Students Well- Valuing Clients in the Law School Clinsmall or large, to the client of being a subject of legal study reveals and perpetuates this subordination.7 In much clinical literature, how much theTeach Your Students Well- Valuing Clients in the Law School Clin
client knowsBlueprint for a Center for Social Justice, 22 Seton Hall L. Rev. 1225 (1992); Lucie White, Subordination, Rhetorical Survival Skills, andCornell Journal of Law and Public PolicyVolume 2Issue 2 Spring 1993Article 3Teach Your Students Well: Valuing Clients in the Law School ClinicAnn Juer Teach Your Students Well- Valuing Clients in the Law School Clininical Education, 75 Minn. L. Rev. 1599 (1991); Anthony Alfieri, Reconstructive Poverty Law Practice: Learning Lessons of Client Narrative, 100 Yale L.J. 2107 (1991) (discussing poverty law practice, not just in clinical context); Ass’N Am. L. Schools Sec. on Clinical Legal Educ", Final Report of th Teach Your Students Well- Valuing Clients in the Law School Cline Committee ON THE Future of the In-House Clinic (1991) [hereinafter In-House Clinics]. Earlier studies of clinical curricula also noted the potentialTeach Your Students Well- Valuing Clients in the Law School Clin
of clinic practice to enrich the rest of the law school curriculum. See Ass’N Am. L. Schools-A.B.A. Committee on Guidelines for Clinical Legal Educ.,Cornell Journal of Law and Public PolicyVolume 2Issue 2 Spring 1993Article 3Teach Your Students Well: Valuing Clients in the Law School ClinicAnn Juer Teach Your Students Well- Valuing Clients in the Law School Clinent research.").4The number of clinical programs in United States law schools has increased significantly over the past decade. See McDiarmid, supra note 2, at 241-42 (summary analysis of 1987 AALS clinical program survey results); see also ABA Standards for Approval of Law Schools and Interpretatio Teach Your Students Well- Valuing Clients in the Law School Clinns § 405(e) (1988) [hereinafter A.B.A. Standards]. The ABA passed standard 405(e) in 1984 in an attempt to mandate that law schools treat clinical teaTeach Your Students Well- Valuing Clients in the Law School Clin
chers "reasonably similar" to other faculty. The data and rules reveal that clinics are increasing in numbers and in acceptance, but as this article dCornell Journal of Law and Public PolicyVolume 2Issue 2 Spring 1993Article 3Teach Your Students Well: Valuing Clients in the Law School ClinicAnn Juer Teach Your Students Well- Valuing Clients in the Law School Clin.J. 1187, 1191 (1992) (arguing that clinicians are leaving practice behind as they try to impress schools with their academic integrity).6See McDiarmid, supra note 2, at 245; see also Â.B.A. Standards, supra note 4.7Several writers have discussed a related but distinct issue: the cost to the client Teach Your Students Well- Valuing Clients in the Law School Clinof the inherent tendency of the conventional practice of law to dominate a client who is not a large business. They argue that material gain1993]Law STeach Your Students Well- Valuing Clients in the Law School Clin
chool Clinicsabout the use of the client’s "case” in teaching is difficult to discern. Supervisors have sometimes spent virtually no tune with the cliCornell Journal of Law and Public PolicyVolume 2Issue 2 Spring 1993Article 3Teach Your Students Well: Valuing Clients in the Law School ClinicAnn Juer Teach Your Students Well- Valuing Clients in the Law School Clin to think and learn about the client’s experience with the legal system, but know surprisingly little about the client’s experience with clinic teaching and the students’ learning process.9The tendency of law faculties to marginalize their clinical faculty also subordinates client interests. Client- Teach Your Students Well- Valuing Clients in the Law School Clinless faculty members exert spoken and unspoken pressures on clinicians to push clients into the background — let students learn from them perhaps, butTeach Your Students Well- Valuing Clients in the Law School Clin
shunt the clients to the margins to prevent them from keeping the clinicians from other work. This article urges clinicians to constantly evaluate whCornell Journal of Law and Public PolicyVolume 2Issue 2 Spring 1993Article 3Teach Your Students Well: Valuing Clients in the Law School ClinicAnn Juer Teach Your Students Well- Valuing Clients in the Law School Clinachers must learn to tolerate and maximize the tension that exists between thefr duty to their students’ education and the production of scholarship and their duty to their clients’ goals.from the legal process may come at the expense of the client’s sense of control of the client’s life, self-estee Teach Your Students Well- Valuing Clients in the Law School Clinm and power. Gerald Lopez’ term "rebellious lawyering" describes the evolving alternative, which seeks to mitigate the costs of lawyering to the clienTeach Your Students Well- Valuing Clients in the Law School Clin
t and the client’s community. See Gerald Lopez, Reconceiving Civil Rights Practice: Seven Weeks in the Life of a Rebellious Collaboration, 77 Geo. L. Cornell Journal of Law and Public PolicyVolume 2Issue 2 Spring 1993Article 3Teach Your Students Well: Valuing Clients in the Law School ClinicAnn Juer Teach Your Students Well- Valuing Clients in the Law School Clinual clients’ short-term material interests with the longer-term community interest in preventive care, just as medicine is learning to cut back on service to those in crisis in favor of preventive medicine. Paul R. Tremblay, Rebellious Lawyering, Regnant Lawyering, and Street-Level Bureaucracy, 43 H Teach Your Students Well- Valuing Clients in the Law School Clinastings L. J. 947, 952, 954-68 (1992). The legal establishment would benefit from an analogous debate, which is unfortunately beyond the scope of thisTeach Your Students Well- Valuing Clients in the Law School Clin
article.8See, e.g., Robert Dinerstein, A Meditation on the Theoretics of Practice, 43 Hastings L.J. 971, 972-81 (1992) (describing a case that went aGọi ngay
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