TRY
CLINICAL COURSES WITHOUT CLIENTS
by Public Interest Law Professor John Banzhaf
Nota Bene, April 09, 2012
A major complaint from both BigLaw hiring
partners and corporation counsel is that law school graduates
often have such little practical-skills training that the
clients are unwilling to pay for legal work done by new
associates, and firms are therefore reluctant to hire them. So,
many law students interested in getting a leg up in the current
distressed legal job market want to get real skills
training—beyond the make believe of moot court, trail advocacy,
and writing research papers for professors, journals, or
contests.
One traditional way to seek such training was to take a legal
clinic. But because clinic courses often severely limit the
number of law students each clinical professor can supervise,
the cost to the law school of providing such clinical training,
in separate law school clinics, can be very expensive if not
prohibitive; a major factor which can thus prevent the expansion
of existing law school clinics, or the establishment of new
ones.
The supervisor-to-student ratios for clinics are often kept low
because of the need – growing out of ethical obligations,
best-practice guidelines, etc – to protect the rights of
individual clients. Because of concerns about having clinicians
overseeing too many students, a clinical professor supervising
only 10 students at a time may be much more costly to the law
school than a professor teaching a substantive class of 100 –
even if the latter’s salary is 2-3 times higher.
So why not provide clinical training which engage in real legal
activities, but without the limitations of representing
individual clients? The University of Chicago Law School, for
example, has established what it calls its “corporate lab” where
law students work with corporation on real corporate problems
and current issues. Overseen by only a small number of
supervisors, some 70 law students learn how to provide client
services to real clients. They also get to make invaluable
contacts with many lawyers, but interact with them as legal
collaborators, not as clients to be interviewed and represented.
For many years I taught a course in public interest law where I
often supervised more than a dozen students a term in bringing
real legal actions which usually proved to be remarkably
successful. The students didn’t need – and probably didn’t want
– the very close type of supervision and guidance they might get
in a clinic.
Instead, knowing that they were largely responsible for their
own success or failure, they worked harder – as real lawyers are
often forced to do – familiarizing themselves with new legal
areas. The resulting feelings of satisfaction and accomplishment
from their successes were all the stronger because the students
proved to themselves that they were able to work largely on
their own without constant oversight. It also meant that, in
addition to supervising more than 10 students in a clinical
course, I was able to teach a 4-hour substantive course in Torts
during the same term; classes which could exceed 100 students.
In short, it’s apparently possible to give many more law
students real world legal experience, with much lower costs
because of higher supervisor-to-student ratios, simply by not
having the students represent individual clients. But not
representing clients don’t mean that students must pass up the
important experience of learning how to interview individuals
regarding their legal problems.
For example, when my students did a project about spousal
abuse, they interviewed many battered women. But the document
they filed with the DC Police Department – which resulted in
important new protections for battered women – was not filed in
the individual names of the battered women, so the need for very
close oversight and supervision to protect their individual
legal rights was absent.
Likewise, when law students researched a legal petition which
resulted in making emergency warning messages on TV accessible
to deaf people, they talked with many hearing impaired
individuals, but did not legally represent them. Moreover, in
moving from that victory to establishing the National Center for
Law and the Deaf, they had to interview many more deaf
individuals – a task made even more difficult than usual by the
need to use sign language interpreters.
Other examples abound. Both Alan Dershowitz at Harvard, and our
own Jonathan Turley, have used students to assist them in
bringing real cases in real courts (see “Reversal of Fortune,”
available on Netflix.) But neither is restricted to teaching
only in clinics in which a limited number of students receive
this valuable real-life training. Instead, each also teaches
substantive courses to large numbers of students as their
colleagues do.
So, as we use the arrival of a new dean as a catalyst for
change at the law school, perhaps we should consider having more
programs in which law students are able to obtain valuable
real-world legal experience, but without the major constraints
which can be imposed when they represent individual clients
whose rights must be protected.