Increasing access to justice:

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Presentation transcript:

Increasing access to justice: exploring a new lawyering paradigm through clinical legal education and reflective practice Chris Casey (La Trobe University) Dr. Liz Curran (Australian National Uni) Michele Leering (Queen’s University [PhD candidate]} Prof. Mary Anne Noone (La Trobe Uni)

Workshop agenda Context: The imperative for new models Different paradigms: Interactive activity Approaches to introducing different concepts of lawyering in clinic settings Other approaches: What do you do? Wrap-up & Resource Materials

The context Australia Canada Royal Commission into Family Violence (2016) Royal Commission into Institutional Responses to Child Sexual Abuse (ongoing) Access to Justice Arrangements: Productivity Commission (2014) Managing Justice: A Review of the Federal Civil Justice System (2000) Canada Carnegie Report (2007) CBA: Equal Justice (2013) National Action Committee: Roadmap for Change (2013) CBA Legal Futures Initiative: Futures—Transforming the Delivery of Legal Services in Canada (2014) Truth & Reconciliation Commission: Honouring the Truth, Reconciling for the Future (2015)

Australia

canada

Paradigms of Lawyering Adversarial advocate Traditional conception of zealous, client focused lawyering Responsible lawyering Officer of Court approach that tempers duty to client with responsibilities of administration of justice Moral activism Concerned with justice and promotion of substantive justice Ethics of care Relational lawyering that focuses on preserving relationships and avoiding harm Parker & Evans (2014) Inside Lawyers Ethics See also Daicoff (2005) Law as a Healing Profession: The “Comprehensive Law Movement”

Interactive Activity Different ‘descriptors’ for lawyering have been distributed to workshop participants Discuss your understanding of the term with a partner (or invent one!) Introduce yourself, and report back in one or two sentences what this type of lawyering might mean/contribute.

Engaging Queen’s Law Externs

Examples of engaging students with paradigms of lawyering ANU – Guided Professional Journal La Trobe/Bendigo - student insights La Trobe - Public Interest Law supervision sessions

Other examples Share examples of ways that you introduce or might introduce alternative paradigms of lawyering to students. What has worked well? What has been challenging? What next steps might you recommend or take? Brief reporting back to follow….

What are key themes for ideas from the workshop? Reflective practice What are key themes for ideas from the workshop?

For more information See the Reading List provided + Chris Casey c.casey@Latrobe.edu.au Dr. Liz Curran liz.curran@anu.edu.au Mary Anne Noone m.noone@Latrobe.edu.au Michele M. Leering michele.leering@queensu.ca