For students, the clinic provides the opportunity to experiment innovative learning methods and at the same time, by applying a complex comprehensive mix of skills, such as: conceptual analysis of legal issues, identification of the relevant facts of a given case, drafting of briefs, development of social skills and problem solving abilities.
Ixperiential learning and active participation of students are key components of the clinical teaching method. By combining theoretical approach and traditional classes with a different way of studying law based on a learning-by-doing methodology, the Clinic pursues further aims such as:
• showing the students that law shares not only a “technical” dimension but also a “social” one;
• delving in depth both the legal dimension of a given case, and also its ethical and social implications.
Legal Clinic is a program of study aimed at teaching law through direct experience, according to the methodological approach of "learning by doing". It also aims at raising students' awareness and professional sensitivity towards the needs of the disadvantaged people.
The cases dealt with in the clinic can be classified as cases of "public interest" or of “social change”. The services provided by the Clinic are offered to disadvantaged people or groups facing socio-economic or cultural hurdles in the market. In these cases, the clinic provides a free of charge and high-quality counselling which the client would not otherwise have access to, or is relate to cases concerning the protection of collective goods.
Choice of the cases to be handled
Cases are selected at the beginning of each semester according to the number of students enrolled.
The Legal Clinic course is characterized by a multidisciplinary approach that involves different branches of law. Teachers choose the case to be treated based on criteria that take into account its didactic value, exemplary nature and social relevance. Cases can also be reported by NGO with which the Clinic collaborates.
The student are bound to comply with all the deontological rules applicable to the case, by signing a specific declaration.
Counseling activities
As for the legal assistance activity carried out by students, they cannot formally represent the client in court. This means that all briefs and legal documents must be approved and signed by the defense attorney.
Although students do not take on a formal role, they can, however, under the supervision of the lawyer, interview the client, contribute significantly to the preparation of the relevant acts of the process and, with the permission of the judge, assist and take the floor at the hearing .
- Lessons, individual and group case study, seminars, evaluation
The course includes 40 hours of lessons under the guidance of two supervisors (an academic and a lawyer). The remaining hours are dedicated to individual and group study and analysis of cases. In addition, in-depth seminars will be held (usually by guest teachers, both Italian and foreign). In some cases, simulations and role-playing games are also used.
Given out in class.
The course is designed as to combine work on real cases and classes, taught though experiential methods such as simulation, role-plays and games, which boost students to develop the necessary skills, values and ethics of law practice.
The Clinical course aims to promote the learning of the lawyers's abilities, in particular of those who carry out legal professions:
- investigation of the facts, identification of the problem and ability to apply legal rules to the specific case;
- strategic assessment of the situation, construction and planning of the case, drafting of legal texts, legal arguing;
- negotiation, consultancy activity, ability to assess legal risk;
- defense activities (representation and assistance in court, investigations, relations with texts);
- relationship with the client, with the other party, with the judge.
What is learned during the Legal Clinic course is essentially the result of the student's personal effort and of a direct assumption of responsibility, with opportunities for further study, introspection and feedback from teachers. This should make it possible to raise the level of understanding of the legal system as a whole and, at the same time, to perceive one's personal and gradual process of transition from the role of student to that of practitioner
Students work in small groups (2-3 people), each group being supervised by a professor and a lawyer.
Assessemnt criteria
• Regular attendance;
• Individual commitment;
• Quality of documents drafted (briefs, memos, letters, complaints etc.);
• Reports on the activity performed, concerning not only the description of the case but also a reflection on
students' experience in the Clinic in terms of personal growth and development.
Final report on the case
At the very beginning of the course a syllabus is handed out to students. Depending on the development of the cases, the programme of the activities established in the syllabus may vary.
Check on-line: http://www.clinicalegale.jus.unibs