OLT Presentation from the School of Law

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Presentation transcript:

OLT Presentation from the School of Law 16th September 2014 OLT Presentation from the School of Law A new clinical legal programme Felicity Gerry QC, Jeswynn Yogaratnam and Ros Vickers

November 12, 2018 The idea It is proposed that a new clinical legal programme unit be introduced in the School of Law. This allows students to research and deal with real cases and / or legal policy documents in the community under supervision from School of Law staff and external stakeholders.

November 12, 2018 The Proposal We are in the process of developing a full clinical programme that will run in 2 semesters each year. The proposed unit will have 3 streams which will be run together with external stakeholders: Environmental law with the NT Environmental Defenders Office Refugee and migrant law with local law firm, Ward Keller Criminal law (particularly in the context of indigenous justice) with the local office of NAAJA

November 12, 2018 The Intention It is intended that this be a long term programme for the CDU School of Law. A clinical faculty not only teaches clinical courses but also carries active caseloads of its own. This practical experience is invaluable as the academics supervise and guide students in developing their own practice skills and client relationships.

November 12, 2018 The Preparation We have already run a successful pilot program within the existing Environmental and Planning Law Unit. We have also received specific training from a Harvard academic sharing experiences and designs of clinical placements, and assistance in developing a clinical placement program at CDU over a 2 day workshop. Including the design and administration of the program, assistance, supervision role and appropriate clinical skills.

November 12, 2018 The Research The Harvard experience over the last 4 decades has found role of the supervising attorney is invaluable in the educational experience of students, and for that reason, they have certain requirements which CDU School of Law intends to replicate: Students must be supervised by a licensed attorney. The attorney should hold an initial meeting to explain expectations, set goals for the student's work, meet regularly with the student, give regular feedback, and submit written evaluations to us. The student's work must be law-related and involve the application or interpretation of law, formulation of legal policy, or drafting of legislation or regulations. Students should not do clerical or fundraising work. Eligible tasks include: assisting an attorney at a trial, client and witness interviewing and investigation, drafting documents, assisting pro se litigants in court, community legal education, research and writing, or policy analysis”.

November 12, 2018 The Steps Needed Development of application and evaluation of student interests / assign to appropriate streams development of memorandum of understanding and or terms of reference with SOL CDU and organisations/stakeholders support services + confidentiality Feedback forms development for students and supervisor, evaluation forms for students and supervisor, information package to introduction to the course. learning materials for skills learning materials for substantive materials drafting 2 day workshops and seminars throughout semester organizing and implementing cultural awareness training for staff and students CARP finalisation and progression through university levels

Benefits for students November 12, 2018 To contextualise the study of law and provide students with real world experience of al law practice; To encourage students growth and knowledge of law in practice and to assist the students aspirations to work in the field of social justice law; develop an increased understanding of what community lawyers do (in the context of a community legal centre, NGO or pro bono work); a better understanding of their own personal motivation for studying law, particularly environmental law, human rights law and criminal law (as it affects indigenous people); a demonstrated ability to work as part of a team within a professional workplace; a significant improvement in their practical legal skills, particularly in relation to communication, legal drafting and legal research. To develop students practical legal skills with appropriate guidance and supervision. To develop students’ understanding of the role of public interest and social justice for lawyers and promote an understanding of the client lawyer relationship. the ability to identify and critically assess the Northern Territory’s environmental laws, migration laws and indigenous criminal issues; and provided a project of value to the EDO whether in the form of a fact sheet, blog article or other publication Potential for student exchanges with CDU and Harvard clinical placements could be facilitated in the future

November 12, 2018 Benefits for CDU Alignment with CDU graduate attributes of Personal Practical knowledge, citizenship and world view at the higher education level. Improving Community engagement with the legal profession Raise profile of the CDU School of Law within the local legal profession Provides skills to students and improves the marketability of graduates by providing real work experience opportunities Provides flexible learning opportunities Enriches the learning environment of students by providing unique practical, social and cultural experience of the students Opportunity to engage with local profession, NGO / civil society and government policy level. Research outputs re development of clinical online unit. Improving Community engagement with indigenous people Raising profile of CDU with the indigenous community Attracting more indigenous students to study law In the absence of a GDLP programme this is also a way of attracting students generally

Pilot Programme Environment Defenders Office and CDU School of Law November 12, 2018 Pilot Programme Environment Defenders Office and CDU School of Law Roles and expectations 3 online students + 3 on campus students SAF innovation grant

Initial Workshop outline November 12, 2018 Initial Workshop outline Time Topic / description 9.00 – 10.15 am Session One Welcome and introductions Overview of program Expectations – professionalism, confidentiality and assessment requirements, research skills Office etiquette basics Overview of client interviewing skills, role playing (break out into groups/pairs) and group discussion Break: 10.15-10.45   10.45-11.15 am Session Two Relevant administrative law principles, Judicial Review + 3rd party appeal rights (Ros Vickers) 11.15-11.45 am Session Three Cultural sensitivities – working with indigenous clients (Dr Curtis Roman) 11.45-12.15 am Session Four Mediation overview + role plays (time permitting) Lunch break: 12.15-12.45 12.45 pm – 2.00 pm Session Five David Morris, principal lawyer EDO NT What is the public interest? A basic introduction to the centre, the mandatory standards for EDO’s PII insurance (ability to give legal advice, dealings with clients etc.) and explain the NACLC requirements above. Followed by an interactive discussion about the areas of law the centre is working on and discussion about individual areas of interest for the students.