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Bridging the Clinical-Doctrinal Divide: Clinician and Student Views of Teaching and Learning in Clinical Legal Programs

Integrating Curricular and Co-Curricular Endeavors to Enhance Student Outcomes

ISBN: 978-1-78635-064-0, eISBN: 978-1-78635-063-3

Publication date: 22 December 2016

Abstract

Purpose

The initial purpose of this study was to examine the educational needs and perceptions of students and clinicians in Canadian legal clinics.

Methodology/approach

The author conducted a literature review of leading educational materials in Canada and the United States focusing on required or preferred competencies for law students. The author then interviewed law students, clinicians, social workers, and community legal workers from across Ontario, Canada, all of whom were working or studying at law school-affiliated legal clinics. Interview subjects were asked a series of questions about their learning experiences in hopes of informing the creation of clinical teaching and learning materials.

Findings

The data revealed an under-reliance of the affective elements of teaching, learning, and practice in both existing literature and current teaching practices. The data also revealed deep structural divides between doctrinal and clinical teaching and learning approaches.

Originality/value

Without further integration between these two approaches, students and, ultimately, communities and clients will not reap the benefits possible from an integrated curriculum.

Keywords

Acknowledgements

Acknowledgments

The author gratefully acknowledges the University of Windsor and the Law Foundation of Ontario for funding this and related work. Research assistance was expertly provided by Ms. Shawna Labadie, Ms. Rosie Malik, and Ms. Christa Yu. For challenging conversations about the clinical-doctrinal divide in law that improved this work, thank you to Dr. Chantal Morton, Dr. Annie Rochette, and Marion Overholt. Particular thanks to the staff of the Centre for Teaching and Learning at the University of Windsor including Dr. Alan Wright and Professor Nick Baker. Thanks, also, to the research subjects — students, lawyers, social workers, and community legal workers — whose thoughtful responses shaped my understanding of legal education.

Citation

Smyth, G. (2016), "Bridging the Clinical-Doctrinal Divide: Clinician and Student Views of Teaching and Learning in Clinical Legal Programs", Wankel, L.A. and Wankel, C. (Ed.) Integrating Curricular and Co-Curricular Endeavors to Enhance Student Outcomes, Emerald Group Publishing Limited, Leeds, pp. 119-141. https://doi.org/10.1108/978-1-78635-064-020161006

Publisher

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Emerald Group Publishing Limited