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Recently in Ukraine such term as "law clinic"
became normal in professional and student environment.
It is hard to imagine a better place for future lawyer to practice and
support his theoretic knowledge with some practice than a law clinic.
At the same time it is hard to imagine more tensed and responsible work:
teachers and lawyers relate to the category of people who have unlimited
working day. And it means that they work all the time when they don't
sleep… And the most creative solutions come to their mind and cause insight
- a solution that can change the whole case is found!
How should we teach students in a right way and with minimal investments
get the maximum results?…
Active teaching method - trainingn - is not the only factor for successful
law clinics and students. First of all you should understand that effectiveness
of the work of law clinic means good organization of the process and correct
action from the side of students. Trainings only teach participants to
do something correctly, effectively cooperate with social environment,
adequately accept themselves and others…
What is a training as an active teaching method and what trainings do
we need?
David Lee says "Group training is any process of gaining knowledge
and behavioral skills where more than two people participate" {1}
Everyone who attended training with a talanted trainer will think that
such definition is too mundane...
At the same time, everyone who attended a bad training can be frustrated
and irritated and the reasons can be different - from cognitive dissonance*
to banal quarrels of participants in the group...
*Initial theory of cognitive dissonance of L.Festinger: dissonance is
a negative stimulating condition that evolves at the moment when an individual
simultaneously feels two contradicting "knowledge" (opinions,
feelings) about one same object. Subjectively dissonance causes discomfort…
In the case with bad training the result can be the belief "Training
- is waste of time"…
If we modernize existing concept of social-psychological training given
by Yu. Yemelyanov we can see that training - is a practical activity oriented
at active methods of team work to develop competence. Basic methods for
trainings are group discussions and role games, including viodeoing of
games…
Before we start reasearching the gist of the trainings as a process we
have to define what trainings we need for students of law clinics.
Considering that the main kind of activity of a student at law clinics
is work with clients and protection of their rights you can think that
precisely these skills he needs to improve. If we phrase the goal differently
- a student must become a professioanl defender of rights - then the work
at the clinic will only become a way to achieve this goal. And then variety
of needed skills with increase and cover all spheres that are necessary
for successful carreer in general.
As usually there is a happy medium. And there are universal and specific
skills that ensure effective professioanl activity.
To these universal (basic) skills I would relate skills of social perception,
business communication, work with information, management skills, etc…
Specific skills that student needs to carry out his professional responsibilities
are also various and interesting.
Skills of social perception must include skills to understand behavior
of participants of the process - defendant, judge, attorney… Besides the
skills mentioned above, a student needs to know how to consult and solve
the problems…
So we can go on and on with this list of skills and at the seminar for
faculty from law schools trainers should start from amking such list…
Now when we defined what a training is we should define what trainings
we will need to form necessary skills among students. David Lee calle
done chapter of his book "Training as a process"
"Training as a process" (David Lee)
David Lee thinks that a training is a longlasting process, not a non-permanent
event
He offers to answer four questions at the beginning stage:
1. Determination of the problem (Is there a problem?)
2. Search the solution (If the problem exists, are you sure this training
will help you to solve this problem?)
3. Make decision about application of this training (Will the training
help in the present situation?)
4. Formulate tasks (What will I have as a result of this training?)
We had a good example of conducting training for partner organization
where we taught students-lawyers some consultation skills. The organizations
had a formulated mission - legal assistance to poor people…
We determined the problem together (too much clients at the consulting
center, and not enough time to work with all of them). We decided that
to solve the problem they needed to specify the category of cases where
they can help people. For example, help disabled, or pensioners.
It is understandable that one training can not solve organizational problem
inside the organization. But when we found a way to optimize the work
load for consultants and supervisors we saw that the training was useful.
This example shows that there are several solutions to one problem…
You need to
1. Determine the need in teaching
5. Evaluate results
2. Determine goals of teaching
4. Conduction of the training
3. Organization and planning of the training
So the main problem that happens in the work of students at clinics and
that can be solved through trainings - active teching methods - is incomplete
amount of necessary skills. Some other problems: no motivation, lack of
knowledge, absence of power in decision-making processes. These problems
can be solved differently...
Formulation and planning of tasks for the trainings will have to base
on the needs and ideas how to satisfy these needs…
Thus, some unexperienced trainers are satisfied with mere emotional evluation
"Did you like the training?", which does not ensure even a minimal
stage of success…
At the end of this short overview I want to name training methods once
again. Traditional lectures and seminars, and less traditional role games
and discussions, modeling of practical situations, brain storming, case
study…
But the main goals - to be a citizen, professional, self-actualized person
- must be the basic level of communication, they must be the values that
predetermine any teaching trainings with basic value of supremacy of law
and human dignity.
Yelena Voochay, 2001
©All rights reserved
Article prepared for seminar-training "Organization and methodic
supply for law clinics" that was conducted for faculty of law clinics
of Mongolia and Ukraine by the center of practical teaching from economics
and law department of Donetsk State University in November 2001.
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