Barnhizer DJ 'The Clinical Method of Instruction: Its Theory and Implementation Journal of Legal Education 67. Report on the Status of Clinical Legal Education in South Africa (author title) (1994) by S Gilbert.
Statement of the problem
21 PC Snyman 'A Proposal for a National Linkage of Young Legal Services Corporate Law Offices and Legal Education J Law School Clinical Training Programs 30, 43. PF Iya 'Addressing Research Challenges in Clinical Legal Education within Context of New South Africa SALJ 265, 272.
Aim of the study
Legal aid clinics are used as 'learning laboratories' in legal education. The idea is to ensure that law students get the same practical exposure that they do. In this context, clinical legal education places students in social service programs designed to meet the needs of society.
The case for skills training
Therefore] from a societal perspective, legal clinics serve a second purpose by meeting the legal needs of the poor and underrepresented. Clinical legal education is known to provide the following educational values:70 First, skills training introduces students to problem situations of the type that lawyers face in practice.
Conclusion
To provide a broader picture of the educational functionality and value of clinical legal education, a comparative study is useful. 74 PF Iya 'Addressing the Problems of Research in Clinical Legal Education Within the Context of the New South Africa SALJ 265. 79See generally N Gold 'Why Not an International Journal of Clinical Legal Education Inter J of Clinical Legal Education 1,.
80 For en diskussion af CLEPRs rolle inden for klinisk juridisk uddannelse, se L Brickman 'CLEPR and Clinical Education: A Review and Analysis' in Clinical Education for the Law Student, CLEPR Conference Proceedings (1973) 56. 5 PF Iya 'Fighting Africa's Fattigdom og uvidenhed gennem Clinical Legal Education: Shared Experiences with New Initiatives for the 21si Century' (2000) 1 Inter J of Clinical Legal Education13, 22. 96 GM Kakuli 'Experimenting in Clinical Legal Education in Botswana' (1989) Legal Education Newsletteralth Bilag IV 1.
101 P Iya 'Fighting poverty and ignorance in Africa Thorough clinical legal education: shared experiences with new initiatives for the 21st century' (2000) 1 Inter J of clinical legal education 13.
South Africa
Introduction
Types of Clinical programmes
The main emphasis of the University of Natal Durban law school is the engagement of law students to teach ignorant and disadvantaged communities, groups and secondary school students about issues of social justice. This was necessary to make them more responsive to the access to justice needs of historically disadvantaged communities and groups. He advocated the implementation of the proposed rules of student practice120 in relation to which law students must handle cases up to the trial stage in the lower courts.
120 These rules were drawn up by Professor McQuoid-Mason of the University of Natal Durban in 1985 based on the rules of the American student practice model at the request of law societies. Both theoretical education and clinical legal education should be considered to play a complementary and not complementary role. 135 See JS Elson 'The case against legal scholarship or, if the professor must publish, must the J profession of legal education disappear 343; HT Edward 'The Growing Divide Between Legal Education and the Legal Profession Michigan LR 3; D Gilvever, B Baker & J McDevitt 'Learning by doing: An empirical study of legal practice' (1995) Legal Education 45J 1, 4; PT Hoffman 'Clinical scholarship and skills training' (1994) 1Clinical LR 93.
The suggestion that law schools should teach 'more theory' seems to miss the fact that lawyers do not practice in a vacuum.
Conclusion
Acquiring these basic professional skills along with a thorough understanding of legal principles and rules is a must for law students. A combination of critical studies and clinical work teaches students to think critically about issues of social welfare and professional ethics in the context of actual practice.147 The end result is that students become more effective and ethical practitioners. It is submitted that students who are merely exposed to the theoretical dimensions of law without more will be woefully unprepared for legal practice.
Ultimately, the postgraduate apprenticeship could be abolished or its duration could be significantly reduced.
Conclusion
Introduction
Survey results
When asked whether skills training in an academic setting is necessary for legal practice, all members of the legal profession overwhelmingly indicated that this is necessary. 213 In the survey, 90% of respondents indicated that they received their legal education at the National University of Lesotho. One of the extreme reactions was that 'the legal society does not exist, but died in 1992.'
The reason for this is that they cannot 'compete' for clients with the established members of the legal profession. It is worth noting that 76.7% of members of the legal profession indicated that the legal profession does not meet the highest possible standards. Furthermore, when asked whether the Bar Association upholds legal standards expected of the legal practitioners, 66.7% indicated that this is not the case.
Particular attention will be paid to the role of the Lesotho Law School Legal Clinic in the administration of justice.
Administration of justice in Lesotho
It is the court of appeal for all decisions of the High Court and the Superior Court of Record. 272 It is also an appellate body for decisions of lower courts in the hierarchy and, in accordance with the principle of stare decisis, its decisions are binding on all subordinate courts. Ultimately, it is the public that must have confidence in the integrity of the legal system.281 If such confidence is lacking, it is doubtful whether the judiciary can function properly.
The clients of the legal clinic are poor residents of the surrounding countryside and employees. The Legal Clinic offers its services in a way that ensures access to legal services for disadvantaged citizens. Legal aid services are open and available only to citizens who cannot afford the services of private lawyers.
The Lesotho law school must provide legal education that is responsive and relevant to the demands of the legal system.
Conclusion
Access to justice
One of the obstacles to access to the courts is that litigation is generally expensive, especially in those courts that administer the common law. The critical question is whether the Faculty of Law should meet this urgent need for legal assistance by training more law graduates, or whether the law clinic should limit the number of cases it handles. It is claimed that the choice to be made will have serious consequences for the educational goals that the law clinic is expected to achieve.
It is further suggested that the law clinic should take reasonable steps to meet the educational needs of law students. The other option would be to increase the number of staff in the legal clinic and provide for staff members who will deal exclusively or mainly with legal problems of the public. The latter proposal is unlikely to appeal to the university authorities, especially in view of the cost implications.
Lack of compulsory apprenticeship
The proponents of clinical education claim that it has a number of advantages: it gets the student out of the classroom, after a long period of 'theoretical' education; it develops the student as a 'whole' person by exposing him to frustrations from 'real life'; it requires the student to make judgments by distinguishing truth from falsehood; it enables the student to see that law as practiced does not operate in clearly defined compartments; it teaches professional responsibility and develops legal skills; it allows a student to reflect on what he is doing and why, under the guidance of an experienced lawyer; it makes a student aware of the practical implications of the legal process and stimulates his social awareness; and it improves the quality of education by exposing teachers to "more student-initiated speculation, criticism, and thought." The introduction of a syllabus that aims to equip law students with professional skills marks a dramatic shift in the. curricula of the Faculty of Law. The use of the clinical teaching method for skills training is widely accepted in most jurisdictions worldwide.
The fact that the legal clinic acts as a counseling center with the opportunity to be involved in the 'active' practice in the future means that it will have a positive impact on the problem of high demand for legal services, especially among the poor. The other important factor is that students will learn fundamental legal skills while participating in the Law Clinic activities. It is argued that the Street Law program used by the University of Natal (Durban) provides a good model to import, with some modifications, for the rest of the first-year students.
This aspect should be seriously considered in order to unify the profession in order to increase professional responsibility and maintain uniform standards. f) The United States, Botswana, and South Africa have advanced clinical programs, although these programs operate differently.
ATTACHMENT PROGRAMME
In other words, whether the legal education of NUL meets the required standards and if not, how it can be improved to be relevant to the needs of the administration of justice. Do you think the legal profession complies with the highest possible ethical standards 1. No 2. In your opinion, the Bar Association upholds the ethical standards expected of the legal practitioners.
In this study, we aim to find out more about the public's perception of the services they receive from lawyers in Lesotho. They are important for the improvement of the profession for the benefit of the public and the administration of justice. Do you think the administration of justice in Lesotho meets the standards or expectations of the people?
Do you think the National University of Lesotho has any role in the administration of justice?
