Legal professionalism in (clinical) legal education

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Presentation transcript:

Legal professionalism in (clinical) legal education Tuomas Tiittala, LL.M., Doctoral Candidate University of Helsinki, Faculty of Law

Professions and professionalism Premodern and modern professions Moral and/or economic communities 5 attributes of a profession (Greenwood, 1957): Systematic body of theory Professional authority Sanction of the community Code of Ethics Professional culture Elements of professionalism: Knowledge Skills Ethics politics

Zealous advocate ”When I am at work, I will not take any kind of moral stand on my clients’ cases. As a private person in civilian life I have very strong moral views.” Separation between common and role morality Lawyer as an instrument for the client Welcomes clients with different kinds of positions and interests Rights, procedural rule of law

Lawyer-activist No separation between common and role morality Lawyer and client as instruments of a cause Clients selected carefully Causes are often about pursuing social justice meaning equal opportunity and outcome.

Lawyer-statesman Common and role morality separate but overlapping Aligning private and public interests (of client, society, lawyer) Welcomes a variety of clients Centrality of prudence in legal and political thought and action

legal education and law clinics 3–4 apprenticeships in legal education An ”apolitical” law clinic (Babich) Collective mobilisation (Ashar) The ”Plus One” model (Raghunath)

A nascent law clinic Helsinki Law Clinic 2014– Fall 2015: an introductory course; spring 2016: opening A generalist approach: migration, discrimination, startups Challenges: convincing faculty, funding, different visions

The takeaways Professions may be understood as moral and/or economic communities. Professionalism consists of 3–4 components. Ethical and political components central in identifying conceptions of legal professionalism Discussion on professionalism would help students and practitioners form their professional identities.

Questions, comments? Later, please email at tuomas.tiittala@helsinki.fi