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13 Syllabus 1 (1982)

handle is hein.journals/syllabus13 and id is 1 raw text is: American Bar Association Section of Legal Education and Admissions to the Bar Volume XIII, Number_1 March_1982 i Who's Minding, the Office? Status for Clinical E s t - I By M ark 1. Schickman V ies j!JO-a statement by ES-a statement by ,ou,, Paul 0. Carrington Dean Hill Rivkin At some point between the limitations. In some substantive areas ceremony marking college such as plaintiffs' personal injury graduation and that marking practice, such administrative errors admission to the bar, an individual account for 65 percent of all must accomplish a substantial malpractice claims, according to one ears Problems rvey of the Legal Malpractice Phange o r s obem change eow Review. from the academic to the practical. On reason that law firm Responsibility shifts from a duty On owed to a professo administration requires formal owedto prfesor to one owed to tann sbcuei sa a client and the courts. Solutions training is because it is as are nlonger platonic in nature but interesting to most new atred by fonge atos of atim e d t practitioners as cite checking. Just 0D,,o , im tempered by factors of time and as law schools recognize the need intellectual evarie- has to be to force-feed cite checking skills to Editor's Note: The Association of American Lawr SchoolsA rican Bir Association etr their students, they must make the E o s ideies fsocinicalLrgaduation a funde n b r he ociatmio reconciled with the functioning of a effort to initiate prospective lawyers Committee on Guidelines for Clinical Legal Education, funded by the Council on legal business. Legal Education for Professional Responsibility, Inc., has formulated a report, The three-year law school calendar control, cost analysis, and published in January, 1980. Guideline XVI, Status of Individuals Teaching the experience which separates college the other administrative Clinical Legal Studies Curriculum, is the subject of the following comments. from the practice of law would considerations that differentiate the semt ethe appropriate coea n ieraionmsothat dffrenta the The Guidelines for Clinical The tension between stability and I seem to be ta arena in legal problem solver from the Education disclaim any coercive, change in clinical legal education which to train legal practitioners absent-minded professor. regulatnry pirpnse. But it is continues to mount, and it is felt Unfortunately, law schools by and The trend toward clinical difficult to imagine their use by most strongly in the ripening large do not attempt to provide the education and the increased anyone other than an accreditation dispute concerning status for nuts-and-bolts training essential to resources devoted to moot court committee bent on imposing its clinical law teachers, the business of legal practice training signal a valuable shift in educational values and prejudices The issue is complex and divisive, Law schools perform some modern legal education. The on accredited institutions. implicating as it does fundamental necessary functions brilliantly. increased efforts of placement Like the handiwork of the late assumptions concerning tenure and Knowledge of legal method, the offices and greater use of practicing Department of Health, Education, job security, academic freedom and ability to distinguish and synthesize alumni counselors are also giving and Welfare, which gave currency diversity, the nature of research and case law, the training to write and law students better and earlier to the euphemistic use of the word scholarship, institutional autonomy, think with precision-these are understanding of the practice of guidelines, this document reads and, more broadly, the mission and essential tools that legal education I law. like a statute. It makes structure of legal education, provides. But that training is onlya In a similar vein, law students recommendations but speaks of Clinical legal education has made continuation of the ivory tower might be required to compile, variations which would not substantial progress during a short academia which has been the mightibe and control files on a 'satisfy its recommendations, decade of growth and development. lifelong experience of most law hypothetical case. They can be Although mostly platitudinous, it The groundwork has been laid for a students. critiqued on the method in which includes mandates that are new subject matter, often called That training does not help the they index and maintain those files. sparingly reasoned, implying an lawyering, and there has emerged a new lawyer to interview clients, as They can be required to keep time expectation of obedience based on variety of pedagogical approaches lawyer must, to gain information sheets on their work, in order to authority, designed to assist students-on and provide the client with a sense underscore the importance of those To some extent, the regulatory ethical, intellectual, and human that a professional is on the job. It w sheets and refl effect of the guidelines will be levels-in synthesizing the theory doe tte the la set time (and hypothetical client blunted by their overbreadth and and practice of lawyering. eto evaluate the cost of legal ime (an y a particular case. circularity. Thus, clinical education The number of teachers engaged a key factor to the client seeking The law is a business as well as a is defined to include all simulation in this enterprise exceeds seven advice. It does not teach that ' profession. Many practitioners fail in which students are asked to hundred, a seven-fold rise since student how to set up the office to recognize this until they face perform lawyers' roles, including 1970. Although most of this group files and calendaring systems which cize tisn the face And icaed o lw tachng s ~ are vital to the competent practice disciplinary action or a financial even empirical research. And the is dedicated to law teaching as a a crisis. The lesson can be better purpose of clinical education is full-time career, at last count only of taught-at less cost to the lawyer prescribed as the furtherance of the 17 percent were eligible for tenure. The importance of that brand of and the clientat the law school unstated goals of the law school, The commitment of clinical administrative training cannot be level. but n p s . ioveremphasized. A recent newsletter but not to provide service. (Service, teachers to legal education is of the State Bar of California Board of it seems to be implied, is not a demonstrated in their functions. Legal Specialization reports that 31 Mark L Schickmt is a former president of the proper purpose of a law school.) Clinicians teach law students in percent of all malpractice claims do Barristers' Club of San Francisco, secretary of the In its more specific provisions, large and small groups and not involve substantive mistakes, but California Young Layrs Assoitio, .n th this quasi-statute does mandate one-on-one situations. They grade rather administrative errors such as Americas Sot AsoiaionYoag Lauers Division Executive Council delegate for the state solutions to a variety of problems and otherwise evaluate student lost documents or missed statutes of at California, Continued on page 9 Continued as gage 9

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