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Amsterdam International Law Clinic

Goals and perspective
The Amsterdam International Law Clinic is an initiative of students and staff of the Faculty of Law of the University of Amsterdam. The Clinic provides legal services to clients on all questions of international law. It was established to meet the needs of students for more experience in treating cases and to meet the increasing demands from organisations, companies and law firms for legal advice on matters of international law. In international legal practice a growing interest exists for lawyers with a deeper understanding of the functioning and the application of international law and with experience in handling arguments based on international law. The Clinic offers students the possibility to gain such experience and at the same time to make contact with their future profession in a direct manner. This co-operation between organisations, companies and law-firms on the one hand, and students of international law on the other, is new in Dutch legal practice and the Clinic is therefore unique in the Netherlands.

Legal Services
The International Law Clinic provides legal services in individual cases, such as advise on a discrete question of international law. The International Law Clinic also can provide students for internships requiring specialised knowledge of international law. A fee will be required for the services of the Amsterdam International Law Clinic, but the costs will be relatively low.
The Clinic operates throughout the academic year, September through July. In most cases it will be able to provide legal services on short notice. The Clinic is able to provide a high quality of legal services by a strict process of selection for participating students based on their academic performance, and by a close supervision of the students by the ACIL staff.

Staff
The quality of the legal services provided by the Amsterdam International Law Clinic is guaranteed by close supervision of the students by the staff of the Department of International Law and the ACIL. A full list of members of the staff can be found at http://www1.jur.uva.nl/acil/staff.htm

The overall responsibility rests with prof. dr. André Nollkaemper and Joost P.J. van Wielink, LL.M.

Recent reports

  • Enforced disappearances as continuing violations
  • Establishing an individual complaints procedure against violations of international humanitarian law
  • Fundamental rights and freedoms in the African Commission on Human and People's rights: an overview of the interpretation of the articles 6, 7, 9 and 26 of the African Charter on Human and People's Rights
  • The competence of the European Court of Human Rights to order restitutio in integrum and specific orders as remedial measures in the case 46221/99
  • Undue delay in the case law of the European Court of Human Rights: Varicak Marica v. Croatia Osiguranje


Associated organisations
In principle, legal services of the Amsterdam International Law Clinic are available for all clients. With a number of organisations and law firms, the Clinic has developed institutional contacts. From the start of the Amsterdam International Law Clinic in 2000, associations with the following organisations and law firms have been developed:

International Alliance     International Alliances International League for Human Rights     Avocats sans Frontičres

International Criminal Defence Attoneys Association

Van den Biesen Prakken Böhler Attorneys at Law, Amsterdam

Students
The Amsterdam International Law Clinic offers students who are in their final year the unique possibility to combine theory and practice of international law at the University of Amsterdam during an entire semester. Working in the Clinic gives you the chance to get in touch with lawyers, clients and cases that vary from international human rights law to European law, private international law, international criminal law or international environmental cases. During one semester you will work closely with other students and members of the staff on cases coming from international legal practice and give legal advice to clients of the Clinic.

Credits: 10 ECTS
Semester 1: September 2003 - January 2004
Semester 2: February 2004 - June 2004

Participants:
Students Rechtsgeleerdheid and students in International Law of foreign universities

Requirements:

  • you must either have a thourough knowledge of or a more than average interest in international law
  • you must be available to work in the Clinic during 5 months (one semester) for at least 8 hours a week
  • you must follow the compulsory Clinic Course that includes lectures and visits to organisations and cliënts
  • a lot of enthusiasm and interest in international law are indispensable!

Clinic Course:
During the time you participate in the Clinic, we will provide for a Clinic Course. This course will deal with various aspects of the legal profession and rendering legal services. Professionals from the field, both academics and attorneys, will address various topics as (amongst others): secrecy of files, international legal practice, liability, etc.

How to enroll:
Please send:

  • an overview of courses and grades
  • your curriculum vitae
  • a paper or other written document of your hand that contains at least 5 pages

to mr. Joost van Wielink, c/o Secretariat of Public International Law, P.O. Box 19120, 1000 GC, Amsterdam

Under certain conditions students of foreign universities can participate in the Law Clinic. Basic knowledge of the Dutch language is a requirement though, since the obligatory Clinic Course will be given in Dutch. For more information please contact Joost van Wielink at This email address is being protected from spambots. You need JavaScript enabled to view it.

Contact
For further information on the use of the services of the Amsterdam International Law Clinic please contact Joost P.J. van Wielink at This email address is being protected from spambots. You need JavaScript enabled to view it.

Mail address
P.O. Box 19120
1000 GC AMSTERDAM

Visiting address:
Turfdraagsterpad 9
1012 XT Amsterdam
tel: 31 20 525 2961 / 2632
fax: 31 20 525 2684

Clinical Legal Education At Zhongnan University Of Economics & Law

Peng Xi Hua
Clinic Director
SJD. Associate Professor Of International law
And International Human Rights Law

Mao Ling
Vice-director
Lecturer Of Procedure Law

Li Sioux Qigong
Labor Law Clinic
Lecturer Of Constitutional and Administrative Law

Ma Chang Hua
Civil and Commercial Law Clinic
Associate Professor Of Civil and Commercial Law

Cheng Wei
Working Group Of Anti-domestic Violence
Postgraduate (2001) Of Procedure Law

Chao Xu Hui
Working Group Of Environment Protection
Undergraduate (1998) Of Law

Xiong Shi Yi
Retired Judge
Consultant Of Judicial Practice

Fu Lang
Licensed Lawyer
Consultant Of Lawsuit

Corresponding Address Of Legal Clinic Of Zhongnan University Of Economics & Law:
Legal Aid and Protection Center
Zhongnan University Of Economics & Law (Nanhu Section), Law School
Hongshan District, 430074, Wuhan, Hubei, China


The Clinical Legal Program was founded in September,2000 under the sponsorship of the Fordfoundation and Law School of Zhongnan University of Economics & Law. The Objective of the program is to train the undergraduates of law school and provide them with contact with practitioners.

The Clinical Legal Program is comprised of two clinics and two working groups which are Civil and Commercial Clinic, Labor Law Clinic and Working Group of Anti-domestic Violence, Working Group of Environment Protection. The clinical Legal Education is based on Legal Aid and Protection Center of Zhongnan University of Economics & Law which was founded in 26 May 2000. During every academic semester only a small number students- thirty on average-are admitted to clinics and working groups. They learn and study under the close supervision of professors and practitioners in the clinics.

The Clinical Legal Program is designed in two parts: Classroom Training and Practical Training. During every academic semester there are thirty-six hours for us to train students in classroom. Generally we train students such legal professional skills as Interviewing and Consulting, Communication, Negotiation, Legal Analytical Skills, Investigation, Social Responsibility and Legal Professional Ethics, Street Law, Case Analysis and Planning, Mock Trial and Attorney. Everyday there are three or four students work in Legal Aid and Protection Center to interview the live clients under the supervision of a professor. And chose the typical case for the clinics. Every month there should be a street legal consulting activity held by the students from the clinics. During an academic semester the clinics deal with thirty or thirty-five typical cases. At the end of every academic semester every students should submit a final report to the clinics and assess each other and get the reasonable credit (generally 3 credits every academic semester).

The Clinical Legal Program is carried in the office of Legal Aid and Protection Center which is located in the Nanhu campus of the University. The Center employs two consultants in the field of judicial practice and lawsuit. They are also the consultant of the Clinical Legal Program. The Center has three offices for the clinic students, a computer and the internet access is available.

History and activity of the legal clinics in Poland

The first legal clinic in Poland began its functioning in October 1997 at the Faculty of Law at Jagiellonian University, with the support of the Ford Foundation and following a conference on clinical legal education supported by the U.S. Embassy and other donors. Shortly afterwards, in 1998 legal clinics courses were introduced in the study program at Warsaw University, also with the support of the Ford Foundation.

The European Law Students Association (ELSA) played a great role in creation and development of the program. In May 1998 in Szczecin ELSA organized a conference: "Legal education reform. Development of the legal clinics idea". It was a good forum for discussion about clinical education in Poland, especially because it was combined with a National Congress of Polish Lawyers Union (Zrzeszenie Prawników Polskich) and National Congress of Law Faculty Deans. The conference in Szczecin resulted in a fast development of the clinical idea throughout the country. Within few years there has been 12 legal clinics established in Poland: Kraków, Warsaw, Białystok, Toruń, Poznań, Lublin, Rzeszów, Szczecin, Wrocław, Katowice, ŁódŸ and Gdańsk.

In December 2001 three representatives of Polish university based legal clinics were invited to go for a study visit to South Africa, where a very similar model of clinical education has been developed since the 1970-ties. Public Interest Law Initiative (PILI) at Columbia University in New York provided advice, technical support and organized the study tour. As a result of this, Polish legal clinics adopted a long term strategy and decided to set up the Legal Clinics Foundation.

There has been an essential growth of need for legal advice provided by the clinics and the idea is very popular among the students and faculty members. Clinical courses have been included into the education program at the law faculties and are treated as so called "specialization courses".

At present there are 25 legal clinics in Poland. Each year almost 2000 students, under supervision of over 350 law professors is dealing with around 12.000 cases. Clinic work is divided into sections supervised by the faculty teachers, i.e. sections of civil law, administrative law, labor law, criminal law, refugee law, and women rights. In addition students work with prisoners. Work of the students includes: written opinions, written statements, applications, appeals, claims, complaints and interventions.

An introduction to the clinical work includes lectures and seminars dedicated to the following matters: legal ethics, psychology of the communication with clients. The students also meet with the practitioners who explain all the problems of working with people seeking access to justice. After the introductory training the students are divided into different sections supervised by at least one faculty teacher.

Clients coming to the clinics are given a special form to fill in, and then the secretary assigns the case to relevant section or individual student (or more often couple of students). After the preliminary selection the student prepares the meeting with client based on the copies of documents and the problem's description included in the form. The meeting is to settle the facts of the case and analyze the problem. The supervisors or patrons are usually present during the first meeting with the client, and then the students arrange meetings themselves. The most important task is to prepare a particular solution and introduce it to the supervisor. The supervisor corrects it and gives advice until the final solution is completed. This is the moment when the student meets with the client and introduces a written proposal of the solution. Usually the procedure ends here but sometimes the case needs to be filed to the court. Legal clinics cooperate with legal practitioners who, on behalf of the clinic, run the case to the end.

'Klinika' Journal. POLISH LEGAL CLINICS JOURNAL

One of the important aspect of supporting the legal clinics is to enhance a debate on the methods and challanges of clinical education. Therefore, the Foundation regularly publishes a "The Clinic" magazine. Below, we present selected issues that Polish clinical students found particularly interesting.

1/ Active teaching methods

One of the characteristic features of Clinical Legal Education distinguishing it from other activities which are taught at law schools, is the usage of active teaching methods. They are used by academics, who are both supervisors within legal clinics and academics teaching regular classes. Clinical supervisors broaden the scope of active teaching methods, enriching them with new ideas. One of the ideas used by some legal clinics in Poland, is an introduction of audio-visual techniques as an active teaching methods, when working in legal clinics. The new teaching method is based on the recording of situational scenes, cases or simulated mock trials and moot courts, which are, after their technical development, the basis for conducting classes for the selected topic which corresponds with the theme of the film.

2/ Internship in Babsea

An Author as the first Polish law student participated at the Legal Studies Internship 2009, which was organized by the human rights non-governmental organization the Bridges Across Borders South East Asia in Thailand.
The Author prepared and taught workshops at the Juvenile Detention Center every week and awaken prisoners that although they are in a closed area, they are still human beings and have the same human rights as every person has. Besides the volunteering, during the internship, many meetings were organized with the interns, eg. the workshop with Malaysian students to discuss about the controversial topics related with law. The Author, after the end of the program, works in the Law Clinic at university and joined to the student's program "Street Law" to prepare absolutely new workshops about human rights, which are presented to pupils at schools.

3/ Section for the disciplinary affairs of students.

The article presents conducts of disciplinary proceedings in student's cases, legal basic, structure and functioning of new section, exemplary cases tried by the section of disciplinary affairs of students, showing positive aspects of this activity.
The section for the disciplinary affairs of students acts in the Student Law Office at the Faculty of Law and Administration at the University of Silesia.

The disciplinary responsibility of students called the quasi- penal responsibility of students is regulated in chapter 6 of the act from 27.07.2005- the Act of Higher Education and the rules laid down for implementation: disciplinary procedure for the students is regulated by the Ministry of Science and Higher Education from 6.12.2006.

Disciplinary proceeding commission rules about responsibility of the defendant. Appealing disciplinary proceedings commission serves students as a higher instance.

The student can be brought to justice in a disciplinary case through violation of university's law and acts against the dignity of the student.

Fraud, manhandling, punishable threat, battery, affray, theft can be the acts leading to expulsion from university. In these cases the defence is compulsory. If a student doesn't have a defender chosen by the themselves, the presiding judge appoints a student- defender ex officio from the section of the disciplinary affairs of students.

4/ Taking digital pictures and scanning files

The main issue is the lack of regulation of clinical students' rights to study court files and to copy them in various ways. Criminal Procedure Code regulates only the party's rights to investigate the court files and clinic clinical students are not considered as the litigants. This situation forces us to make use of the temporary solution based on article 156 § 1 of the Criminal Procedure Code which provides a possibility to file a motion to the President of the Court. After the President's consent is granted, students can study and copy court files. The ways of reproducing the files are not regulated in detail in the Criminal Procedure Code. In the author's opinion every copying technology is permitted, besides those, which can destroy files. Specifically, taking digital pictures and scanning files is permitted. Presented theory is confronted with the court's practice in Cracow based on the Department of Justice's circular letter.

5/ Issue how to evaluate the experience of working in a clinic can influence the future professional life of its members.

Most of the students have various expectations - some of them hope that clinic will help them to choose area of law to specialise in, others want to gain necessary skills and experience for future work. The article presents three stories of former members of the Warsaw University Legal Clinics . Although, they decided to choose different paths of carrier - one of them is currently engaged in social work, the other one is employed in one of the biggest law firm in Warsaw and the last one works at the Polish Constitutional Tribunal - they all unanimously stress that "the adventure with clinic" was the best experience they had during studies. Due to clinical experience they learned how to apply legal regulations in practice and how to perceive real people and their tragedies beyond paragraphs. They also mentioned that thanks to the tutors they had worked with, their point of view about many topics has changed. All of them truly enjoyed clinical semminars and at the end, they all admitted, that in their opinion joining the clinic should be obligatory for all the law students at Warsaw University. The article also aims to show how one person (in this case a tutor from the clinic) can influence life of a single student by helping him to see and choose the best path of carrier according to his interests.

6/ Recruitment process

The most important issue is to highlight the features of an ideal member of the clinic. It could be done in many different ways - checking his/her previous university records (the key ones, i.e. civil procedure, contract law, criminal law, etc.), other activities and last but not least - attitude towards charity work. Once there is a decision concerning the criteria, each clinic needs to choose the way of recruiting its members. It could include, depending on different matters, one, two or three stages. The interview itself should be conducted by at least two persons, including a person from the directors board and the clinical supervisor , in order to maintain the objectivity.
Needless to say, most of the candidates have not had any previous professional legal practice, but at least logical thinking and proper responding are required. Also, the individual approach is essential. It is very important to mix students at different levels of legal and social skills in order to provide them a challenging work environment. All the above mentioned issues, combined with a flexible approach towards the student, should guarantee a well organized and well functioning legal clinic.

 

Editorial office:

Fundacja Uniwersyteckich Poradni Prawnych
ul. Szpitalna 5 lok. 5
00-031 Warszawa
tel.: 22 829 91 29 w. 143
e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Publisher:

Wydawnictwo C.H. Beck Sp. z o.o.
ul. Bonifraterska 17 (budynek North Gate)
00-203 Warszaw

 

Archive issues with articles in English:

"Klinika" nr: 4 (1)/2004
The content of the issue is available by clicking on the cover (PDF file 8.6 MB).

  • Filip Czernicki - A Study Visit to the Republic of South Africa.
  • Magdalena Cholewa-Klimek - The Clinic's Client as a Party in Proceedings in Cases Concerning Social Insurance
  • Gyorgy Ihnath - The Legal Clinic education in the university of Mickolc in opinion of students
  • Catherine Klein - Deconstructing Teresa O'Brien: a Role Play for Domestic Violence Clinics


"Klinika" nr: 3/2000
The content of the issue is available by clicking on the cover (PDF file 12 MB).

  • Agnieszka Barczak — Dominik Tomaszewski (1974-2000)
  • Andrzej Światłowski—Place of 'clinic programmes' of the STREET LAW type in legal clinical education in Poland
  • Paweł Motyl — On permissibility of advertising legal services
  • Aneta Frań, Agnieszka Grzywacz — Attorney fees. Evaluation of calculation methods and the value of attorney fees and their court control
  • Katarzyna Klehr— Selected aspects of Lodging Individual Complaitnt with the European Court of Human Rights and the United Nations Commission on Human Rights
  • Monika Zacny — Temporary protection of refugees in Europe
  • Magdalena Olczyk — Appeal in simplified proceedings
  • Agnieszka Grzywacz — Order and prerequisites of appointing stepfather to maintain stepchild
  • Dominika Rogoń — Efficiency of binding acts of management of real estate in joint possession according to the Civil Code on example of Tenancy Agreement

"Klinika" nr: 1 (2)/2000
The content of the issue is available by clicking on the cover (PDF file 16 MB).

  • Łukasz Bojarski — The Legal Ethos Lost
  • Anna Rachwal — Conflict of Interest
  • Piotr Szczeszek — Professional Secrecy of Lawyers — Act, Code of Professional Ethics, Conscience
  • Leah Wortham — Teaching Professional Responsibility in Legal Clinics around the World
  • Halina Nieć — Evolutionary Supervision
  • Adam Kwarciak — Residence Permission in the Aliens Act
  • Dominik Tomaszewski — Ombudsman for Consumers — a New Chance to Implement Consumer Rights
  • Piotr Mostowik — Between Employment Contract and Civil Obligation Contract
  • Anna Rachwał, Anna Bluszcz — Colloquium on Clinical Legal Education

"Klinika" nr: 1/2000
The content of the issue is available by clicking on the cover (PDF file 6.5 MB).

  • Maria Szewczyk — The Concept of Students Legal Clinics
  • Fryderyk Zoll — On the Clinical Method of Teaching Law
  • Wojciech Kościółek — The "Poverty Law"
  • Filip Wejman — Clinic Students as Legal Guardians
  • Dominik Tomaszewski — Judicial Control of Regulated Rent— Summary
  • Agnieszka Barczak — "The Continuous Offence" and Petty Offence—Summary
  • Dariusz Dziubina — Selected Aspects of Cases Against Doctors in Criminal and Disciplinary Procedure — Summary
  • Monika Zacny — Selected Issues Concerning Refugee Status Against the Background of Polish Legislation
 

How to create a legal clinic?

The first step is to find a key patron of the clinic, whose involvement and assistance may play a vital role in the attainment of subsequent objectives.
A patron will prove particularly helpful in obtaining the consent of the dean or a faculty council to enter the legal clinic's program into the university curriculum. This is the very foundation for the clinic's future development.

The next task is to find an office for the clinic and to provide it with the necessary equipment, which is instrumental for the clinic to operate efficiently. If in the initial phase of clinic organization problems present themselves in obtaining an adequate office at the university, one may arrange with the charitable organizations, which will refer clients to the clinic, to hold client conferences in their offices, thus limiting operations on the university premises to consulting opinions with supervisors and to holding weekly seminars.

Finance is necessary to secure the clinic's efficient operations. It is needed to pay for the running of the office and for an office secretary. Such means may be obtained from institutions and foundations such as: local government, the Stefan Batory Foundation, the Legal Clinics Foundation, the Polish-American Freedom Foundation, the Embassy of the United States of America (which finances exclusively nongovernmental organizations, which means that the legal clinic would need to hold legal personality independent of the university). It should also be kept in mind that one should not assume that any of the above mentioned institutions will continue financing the clinic indefinitely. The aim of the clinic should be to become incorporated in the curriculum and to build itself a strong position at the university law faculty and, ultimately, to obtain recognition in the form of financing from the university budgets.

It is important in the process of establishing a legal clinic to initiate close cooperation with charitable organizations from a given city (such as city social service, Caritas, the Red Cross, Father Albert Association, offices of members of parliament and parishes), so that such organizations may refer clients to the clinic. Such referral would translate into the lack of need to select cases within a specified type, or to verify the financial status of the clients.

The next step shall be recruiting students to work in the clinic, and the process of establishing the clinic should be concluded with the fulfillment of all standards of legal clinic operations, including civili liability insurance, the proper organization of the clinic's secretary office, and the drawing up of appropriate sets of rules and forms which are going to be used in the clinic.


How to create a legal clinic? - in short:

  • find a patron for your clinic,
  • obtain consent to incorporate the clinic in the curriculum,
  • secure an office,
  • research financing options,
  • initiate cooperation with charitable institutions in your city,
  • promote the clinic and assist with student recruitment,
  • make sure that the clinic meets all standards from the onset of its operations.

Requirements and standards of Street law programme

Suggestion about terms:

  1. Minimum requirements should be existed to recognize the organization as a Street Law clinic.
  2. Standards of the Street Law Clinic mean such requirements which guarantees the quality of its work (or services provided by the clinic).

Please rate each of the proposed standards in one of three ways. The standard should be required for street law-type clinics, they are recommended for clinics (but are optional) or they are not necessary for the clinics and should not be included in the list.

1. Requirements for curriculum and lesson content

 

Require

Recommend

Eliminate

The topic is appropriate (i.e., close to the interest, culture, and mentality of the target groups).

     
The topic is substantive and relates to important ideas.      

The topic is current.

     
The ordering of topics/lessons is coherent and meaningful.      
The curriculum builds skills.      
The lessons and curriculum outline describe the required human and materials resources.      
The curriculum content is both doable and challenging (i.e., rigorous) for the students      
*The program develops materials to support law student training and lessons in the community setting.      


2. Requirement for teachers/trainers

 

Require

Recommend

Eliminate

The teacher/trainer has an understanding of the street law mission.      
The teacher/trainer understands and can use interactive methods, and implements them.      
Training materials are available and the teacher/trainer has experience in preparing and using them.      
The teacher/trainer has participated in trainings focusing on communication skills.      
The teacher/trainer has the necessary legal knowledge.      
The teacher/trainer has a psychological disposition appropriate for street law.      
The teacher/trainer has skills in developing a curriculum/syllabus/ course plan.      
*The teacher/trainer reflects on his/her practice and is also evaluated by students/participants/colleagues.      
Where appropriate the age of law student trainers is matched to that of the target group      


3. Requirements for teaching methods, including supervision

 

Require

Recommend

Eliminate

*Methods and methodologies support and strengthen the democratic process.      
Teaching methodologies may include small group work, role plays, case studies, debates, critical thinking exercises, brainstorming, opinion polls, games,
hypotheticals, question and answer, field trips, simulations, ranking exercises, taking a stand, mock trials, drama, use of resource persons and other interactive work.
     
Teaching methodologies are all-inclusive, interactive and differentiated.      
Teaching methods are clear and understandable.      
Teaching methods are student oriented and engage students in active work.      
Teaching methods are appropriate to the learner group.      
Teaching methods initiate interest in the topic.      
Teaching methods help maintain an engaging pace of activities.      
Teaching methods foster skills, knowledge and values development in learners.      
Teaching methods involve ongoing monitoring and feedback of learner experiences.      
Various teaching methods are balanced.      
Teaching methods are humanistic and any suppression by each other is impossible.      
Teaching methods are oriented to and include self-evaluation.      
Law students participate in regular meetings
and debriefings with their trainer or
supervisor

(Recommendation – weekly).
     
Law students’ work is supervised within the community setting a minimum of twice during the semester.      


4. Requirements for law students

 

Require

Recommend

Eliminate

Law school students participating in a street law-type clinic are no younger than in their second year of law school.      
Law students are trained in the use of interactive teaching methodologies and implement them.

(Recommendation - for a minimum
of four hours)
     
Law students are trained in the preparation of lesson plans and are able to prepare lesson plans.      
Law students teach a minimum of ten lessons in a community setting over the course of the street law-type clinic.      
Law students organize mock trials and special events with learners.      
Law students teach the same students within these community settings over the course of the clinic.      
Law students teach a total of 20 lessons a year.      


5. Requirements for student assessment

 

Require

Recommend

Eliminate

Law student and pupil assessment is regular.      
Assessment methods used on law students and pupils are complementary and holistic.      
Law student assessment includes individual work, preparation for giving lessons, participation in the law school seminar, performing lessons in the community setting.      
Assessment methods are based on the knowledge, skill and attitudes of law students and pupils.      
Law students participate in an evaluative process of their work.      
Assessment methods includes feedback from law students themselves, teacher/trainer, peer students, pupils.      


6. Requirements for documentation

 

Require

Recommend

Eliminate

Documentation for Street Law Programs is for: (single vote for all recipients below) Administrators of street law-type clinics University administrators Administrators in community settings, such as principals and prison supervisors.

Documentation techniques include:(vote individually)
     
Scenarios of individual street law lessons, using written and visual recordings      
List of participating community-based agencies, such as schools, and law student participants      
List of community-based learners, such as high school students      

Supervision records for law students

     
Letters of communication between the street law-type clinics and community-based organizations, donors and others      
Opinions of the program      
Students’ records about problems, obstacles, achievements, new ideas came from their lessons and recommendation for program and curriculum development      


7. Teaching/training requirements for the environment

 

Require

Recommend

Eliminate

Agency to sponsor the program, such as law school, law student association, NGO      
Trainers well qualified to teach using interactive methods      
Teachers interested to receive training in street law-type methods      
Community-based learners, such as secondary students, adult learners in various settings, such as prisons, shelters, churches, adult education course, or other community settings in which adults are gathered      
Trainers with legal knowledge      
Receptive administrators in community-based agencies      
Law school seminars for law students include a practical component.      
*Materials and methodologies are made available to other members of the legal and education communities.      


8. Program evaluation

 

Require

Recommend

Eliminate

Formative evaluation:
Regular feedback received from clients (including staff and administrator of the programs in which clients are organized, e.g., teachers, school and prison administrators, etc.) and law students
     
Feedback reviewed and discussed by law students and their supervisor.      
Summative evaluation:
Takes places each half year or at the conclusion of a clinic program
     
Involves input from supervisors, law students, Clients      
Qualitative and quantitative techniques include feedback forms and questionnaires; interviews; focus group discussions.      
Independent impact evaluation:
Seeks to determine outcomes on law students and clients
     
May involve public opinion surveys      
Is conducted by independent evaluator or researcher.      

The standards of the Polish legal clinics' activity

  1. Legal clinic provides reliability of provided services.
    1. At least once a week (according to the academic calendar) seminars are held to discuss cases being currently worked on by the clinic or its organizational units.
    2. The clinic does not allow its students or supervisors to be overburden by the number of cases in a way which could threaten the quality of the clinical service. The director of the clinic sets a maximum number of cases to be taken by one student at a time.
    3. The clinic provides its students with a training regarding ethics of the legal profession, client interview and legal writing.
  1. Legal clinic assures the supervision of faculty members over the students.
    1. Director of the clinic, who is an independent faculty member, manages the clinic’s administrative activity. His supervision concerns the general merits of the clinical service.
    2. Director may appoint other faculty members, candidate doctors or students as well as advocates or legal advisers to take over some of the supervisory actions.
    3. Director of the clinic or persons appointed by him according to 2B, may also use the assistance of other persons. The assistance however may be only of a technical and organizational nature.
    4. Legal clinic cooperates with an advocate or legal advisor by allowing them to supervise the students or provide opportunity of consultations.
    5. One person may not directly supervise more than 16 students.
    6. During one academic year student takes at least 2 cases where he/she provides legal advice to the clients.
  1. Legal advice provided by the clinic is free of charge.
  1. Legal clinic assures the necessary confidentiality of its services.

During seminar meetings names of the clients remain confidential, unless their relevance is indispensable.

  1. Legal clinic assures the protection of the documents submitted by the clients; legal clinic does not accept original versions of the documents.

Case documentation is stored in a safe place accessible only to the director and persons appointed by him.

  1. Legal clinic establishes secretary office according to the scope and characteristics of its activity.
    1. Legal clinics runs its office according to the best of its financial ability; however:
      • there is a place where clients can obtain all information concerning their cases; clinical office works at least one hour every weekday. If it is not possible, it has regular work hours, not less than one hour twice a week. During the “off school” periods, office hours are assured at least once a week, not less than one hour. Legal clinic notifies its clients about its working hours,
      • there is at least one person permanently responsible for the overall administration of the clinic.
  1.  Before accepting the case, legal clinic informs the client in written about the rules of the clinical services, in particular stating that:
  • student is a person taking the case,
  • student and the legal clinic’s worker can not refuse to give evidence or answer a question of the court, prosecutor or any other authorized organ,
  • legal clinic does not take cases in which an advocate or legal advisor already participates,
  • the client has a right to turn any comments on the given legal advice to the Board of the Legal Clinics Foundation,
  • legal advice is given in written only,
  • legal clinic service is offered only for those whose financial situation does not allow to afford the payable legal advice.
    1. Before accepting the case, legal clinic provides the client with the above information in written and receives a statement signed by the client confirming that the client has accepted the information.
    2. Legal clinics provides the client with the proper documentation containing the above information.
    3. The information form contains present address, e-mail address and fax number of the Legal Clinics Foundation.
    4. Legal clinics does not provide any oral advice, even in emergency or trivial cases.
    5. Students may represent their clients in court or other authorized organ as their representatives or curators as long as it is in accordance with legal regulations.
    6. Points A-C do not apply, if whereabouts of the client are unknown and students serves as his/her curator appointed by the court.
  1. Legal clinic carries out a qualifying procedure regarding their clients which is to assure that the client can not afford payable legal advice; in case of circumstances showing that the client can afford such service offered by an advocate or legal advisor, legal clinic immediately resigns the case.
    1. Before accepting the case, the client submits the statement that his/her financial situation does not allow to afford the payable legal advice.
    2. In case of any doubts as of the reliability of the client’s statement, legal clinic asks for additional explanation and possible documentation. If the client refuses to do so, legal clinic resigns the case.
    3. While examining the client’s financial situation, legal clinic includes not only  the value but also the liquidity of the client’s assets. It is permissible to provide legal advice to a person whose assets are not liquid even if their value is substantial. Lack of liquidity occurs upon at least one of the following prerequisites:
        • disposal of the client’s property items would cause essential existential difficulties for him/her or closely related persons (i.e. client’s apartment; items necessary for work);
        • legal advice is needed immediately and the client proves that it is not possible to dispose the item other time and the client does not own any other property items.  
  2. Legal clinic sets, according to the proper rules of law, information system about the clients which is to guarantee minimal risk of the conflict of interests
    1. Legal clinic runs the record of its hitherto and present clients.
    2. Before providing the advice, legal clinic determines whether the conflict of interests occurs in the case. If there is a risk of such conflict legal clinic does not accept the case. If the clinic still runs the case of the other party of the conflict, it resigns it as well. In exceptional cases legal clinic may not resign formally accepted case if one of the following prerequisites occurs:
        • Legal clinic has not obtained any essential information  about the case from the other party of the conflict;
        • The other party of the conflict has contacted the clinic in order to cause the conflict.
    3. Legal clinic does not take the cases in which the conflict of interests between the client and following institutions may occur:
        • the higher education institution (HEI) at which the clinic exists,
        • member of the clinic’s staff or student of the clinic,
        • employee of the law faculty of the HEI at which the clinic exists. 
  3. Legal clinic is obligated to conclude an insurance contract on the liability for damages, the guarantee amount can not be lower than 10.000 EURO.
    1. The insurance contract is concluded by the higher education institution (HEI) as an insurer.
    2. The HEI, students and the clinic’s staff are insured.
    3. Before accepting the case legal clinic receives form the client a written statement confirming that the client agrees to exclude the liability for damages unless the damage was caused by intentional guilt.
    4. The given guarantee amount concerns the liability for damage in every individual case.
  1. By July 31 of each year, the clinic submits to the Legal Clinics Foundation information on clinical activity including:
        • information on the number and type of conducted cases,
        • information on the number of students and supervisors,
        • information on additional successes and achievements of the clinic.
  2. Standards 1A, 1C, 7A – C, 9 A are of temporary nature until November 1st 2003 according to the § 24, p. 4 of the Foundation’s Statute.

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