The Risks and Rewards of Clinical Legal Education 'Clinic, the University and Society' Complimentary Services - CLE is not designed to fill the legal aid.

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Presentation transcript:

The Risks and Rewards of Clinical Legal Education 'Clinic, the University and Society' Complimentary Services - CLE is not designed to fill the legal aid gap, but why not use it to everyone's advantage? Vinny Kennedy Principal Lecturer, Solicitor, PG Cert. LTHE FHEA Department of Law & Criminology E-mail: v.kennedy@shu.ac.uk Tel: 0114 225 54 51

Context Legal Aid, Sentencing and Punishment of Offenders Act 2012 'The Ministry of Justice estimates that its legal aid reforms will cut the income of the NFP (Not for Profit) sector by 92%' (Sommerlad and Sanderson, 2013) 'on average, Law Centres have lost 40% of their funding since 2011' (Law Centres Network, 2015)

Seeking opportunities 'unavailability of legal assistance for individual clients unable to afford to pay for it is a social justice issue to which law schools can respond' (Wizner, 2001) 'for the majority of clinics, the educational value of the case is seen as being the most important reason to take on a client's case' (Ulster University, 2015) Alternatives to legal aid: 'informing, educating and assisting disputing parties to represent themselves in court alternative methods of providing free or low-cost legal services; and modification of the court process so it is not so reliant on lawyers' (Hunter, 2014)

Court Helpdesk Dialogue commenced in 2013, and the project was launched in October 2014 Small Claims Court Operation opening times personnel scope of assistance types of cases statistics

Benefits Enhancing student experience Contributing to student employability strategy Student feedback: 'The Court Helpdesk has taught me so much about the procedures in Court. It has also been an enriching experience because of the opportunity to assist so many litigants and have so much contact with them and with the legal system'. HHJ Robinson: 'the Helpdesk has become an indispensable component in the smooth running of the Court process on Small Claims day'. Awards: The Lawyer, Best Ethical Initiative 2015 Law Excellent Award

Challenges Inability to provide legal advice Competing stakeholder interests Pro bono dressed as CLE Assessing the impact court staff litigants in person

References R. Hunter, 'Access to Justice after LASPO' (2014) 44 FLJ 581 Geraldine Gupta 2014 R. Grimes, 'Learning law by doing law in the UK' (2000) 1 JCLE 54 Law Centres Network, Law centres Annual Review 2014/2015: Picking Up the Pieces (2015) < http://www.lawcentres.org.uk/policy-and-media/papers-and-publications/annual-reviews> date accessed 21 April 2016 Letter from HHJ Robinson to Sheffield Hallam University (11 February 2015) MOJ 2011a in H. Sommerlad and P. Sanderson, 'Social Justice on the Margins: the future of the not for profit sector as providers of legal advice in England and Wales' (2013) JSWFL 305 Ulster University, 'Access to Justice through University Law Clinics' October 2015 K. Williams, 'Litigants in person: a literature review' (2011) MOJ<www.gov.uk/government/uploads/system/uploads/attachment_data/file/217374/litigants-in-person=literature-review.pdf>date accessed 21 April 2016 S. Wizner, 'Beyond Skills Training' (2001) 7 CLR 327

@SHULawCrim www.shu.ac.uk/dlc/helena-kennedy-centre The central values of the centre: widening access to justice promotion of human rights ethics in legal practice overcoming social injustice enabling desistance and recovery promoting criminal justice accountability   The centre has the following goals: to impact on policy and provide advocacy to innovate in teaching and education to produce research and scholarship work to support local, national and international projects and events @SHULawCrim www.shu.ac.uk/dlc/helena-kennedy-centre