The NEED and IMPACT of Teaching Legal Ethics, Pro Bono, Access to Justice, and Professional Responsibility in ASIA Nattakan (Ann) Chomputhong, Legal Trainer & Regional Coordinator, BABSEA CLE Suphamat (Bee) Phonphra, Access to Justice Initiative Coordinator, BABSEA CLE
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Draw a flag of your country (1 min) ให้ผู้เข้าร่วมโชว์ธงแล้วบอกชื่อประเทศ (1 นาที) Stand up and show your flag if you have Legal Ethics, Pro Bono, Access to Justice and Professional Responsibility at the university. (ถาม 4 ครั้ง) สรุปว่าเหมือนหรือต่างจากเอเชีย (จากคำถามส่วนใหญ่ จะสอนแค่ Legal ethics)
No real understanding of confidentiality and conflicts of interest Limited textbooks Teaching is only theoretical or as part of another subject What are the problems? No real understanding of confidentiality and conflicts of interest Lecture and memorization are overemphasized Lack of access to justice, pro bono, and professional responsibility teaching
Part of philosophy of law Legal ethics Professional responsibility After finishing school (short course for lawyers) In context to Nepal, In university there are some courses on Legal ethics and professional responsibility but pro bono and access to justice is almost new terminology for us especially law students. Pro bono services for access to justice is emerging concept for now here. 1. See attachment ( in B.A.LL.B. 3rd year there is 100 marks course on Legal ethics in Purbanchal University) 2. In B.A.LL.B. 5th year Professional Ethics & Lawyering Skills is 50 marks course in Tribhuvan University Bar exam year Professional ethics
Indonesia - teach Lega lethics along with philosophy (3 credits) Indonesia - teach Lega lethics along with philosophy (3 credits). all students must pass the class otherwise they cannot defend their final paper. speaking about professional responsibility for lawyers, they will get it if they join with short course for lawyer, if they want to be a lawyer after they finish school they must take this classes ( about three months).
Reflections from a student taught legal ethics through lecture methodology “I think it isn’t necessary to attend the legal ethics class as lecturing can't instill and make students appreciate the value of legal ethics and professional responsibility.” Jame, 3rd year law student, Thailand I have talked to the students about the subjects they don't like. It's all about teaching methods that make them don't like the subjects. Moreover, the students think it is not important to pay attention to the legal ethics class because they can read the code of conduct by themselves. methodology he associated with the teaching of ethics ( lecturing) was ineffective.
Addressing the Problems since July 2013 Who have involved? Objective ? What we do?
Addressing the Problems since July 2013 – 2014 Curriculum Development Addressing the Problems since July 2013 – 2014 Test Revise Addressing the Problems since July 2013 – 2014 BABSEA CLE, Herbert Smith Freehills, DLA Piper, New Perimeter, Australian Government Solicitor, BABSEA CLE Australia, BABSEA CLE Singapore and CLE Foundation began developing a training curriculum on Legal Ethics, Pro Bono, Access to Justice and Professional Responsibility
Interactive & experience-based teaching methodologies แอนเสนอ ว่า ให้สร้างเส้น ไล่สี ดำ ไปถึง สีเทา สีขาว มีการยกตัวอย่างเคส ที่ไม่สามารถบอกได้ว่าถูกหรือผิด ดำหรือขาว อธิบายเพิ่ม ว่าใช้วิธีการสอนอย่างไรบ้าง โดยหลักการนี้ เคยถูกสอน โดยอาจารย์ที่มีประสบการณ์ การเป็นทนายความ นศได้คิดวิเคราะห์จากปัญหาที่เกิดขึ้น ในบทบาทสมมติ ว่าตนป็นทนายความ
Students 313 Lecturers 147 Lawyers 38 Trainers 33 12 workshops throughout Asia With 531 participants including law students, law lecturers, practitioners from the region Students 313 Lecturers 147 Lawyers 38 Trainers 33
BABSEA CLE Accomplishments July 2013 – July 2015 12 workshops 531 participants, including law students, law lecturers, practitioners from the region The University of Economics and Law (UEL), Ho Chi Minh City, Vietnam started a legal ethics course using chapters from this curriculum The Faculty of Law and Political Science, National University of Laos plans to use the curriculum
Interviews and Quotes from Participants who benefitted from the Curriculum
“We are delighted to be partnering with our friends and colleagues Hebert Smith Freehills and the Australian Government Solicitor on this project. It is a great opportunity for us to collaborate on issues we feel strongly about, and to help shape future generations of law students and lawyers.” - Lisa Dewey, New Perimeter “The curriculum development project is an exciting opportunity for HSF lawyers to become involved in a grassroots learning project which will have a long-term impact in Southeast Asian universities. The project also provides a unique opportunity to collaborate with lawyers from other firms and to learn from their experience of pro bono practice. The workshop provided a platform for us to distil the key concepts of ethics and pro bono from our own experience as practitioners in a format which can be transferred to Southeast Asian law students.” - Lynn McMahon, Herbert Smith Freehills “AGS is excited to be working with our colleagues at BABSEA CLE, DLA Piper and Herbert Smith Freehills on this innovative project to arm the next generation of lawyers with knowledge of the ethical standards they need to uphold and the importance to assist those less fortunate in the community.” - Geetha McNair, Australian Government Solicitor
THANK YOU ann.legaltrainer@babseacle.org bee@babseacle.org www.babseacle.org