ANNUAL REPORT 2003
LEGAL CLINICS
AND LEGAL
SKILLS TRAINING
Legal education in the Soviet Union
placed special emphasis on the
memorization of copious amounts
of legal material to the detriment of
practical skills that lawyers need to
practise effectively, e.g., advocacy,
interviewing, and negotiating skills,
as well as professional ethics and
practice management.
While significant changes have been
made to the system of legal education in countries of the former Soviet
Union, most law students continue
to graduate without any practical experience and without the basic skills
they need to be lawyers. This problem is compounded by the fact that
legal communities also do not, as a
rule, provide opportunities for legal
professionals to continue their education: There are no courses where
practising lawyers can pick up new
skills; there are few qualified lawyers
to turn to for advice or mentoring.
Lawyers in many of these countries
face the added challenge of poor
legal structures surrounding the
practice of law. This means that
lawyers are often not paid or are
poorly paid for their legal services. In
many states, structural legal reforms
need to be made at the national
level so that lawyers have the necessary legal incentives and protections
to enable them to do their jobs.
The consequences of poor legal services can be very harmful for people
who, for instance, are entitled to social benefits but do not know how
to get them, or who have the right
to housing but do not know how to
secure that right. The impact is often
even more pronounced in criminal
cases, where the consequences of
poor legal services are severe, including the loss of freedom or, in some
cases, the loss of life.
Filling the gap
The ODIHR's Rule of Law Unit carried
out projects in two distinct, though
related, programme areas in 2003 as
part of an effort to fill this gap, by
improving the skills of lawyers,
thereby increasing the effectiveness
of the services they offer to citizens.
The ODIHR provided direct support
and technical assistance to developing legal clinics in Kyrgyzstan, Kazakhstan, and Tajikistan. Legal clinics
give law students an opportunity to
gain practical experience either by
handling legal cases under the supervision of a lawyer or through conducting “streetlaw” or legal-literacy
programmes.
In "live-client" legal clinics, such as
the Legal Clinic at the University of
Osh in southern Kyrgyzstan, law students, under the supervision of an
experienced lawyer, actually represent clients and work to help them
resolve their particular problem. This
has two important consequences:
First, it helps law students learn how
to be better lawyers; second, it provides free legal services to people
23
Democratization Rule of Law
who would otherwise remain without legal assistance.
In "streetlaw" clinics that the ODIHR
supports in Kazakhstan and Tajikistan, students learn to give interactive lessons on basic legal rights to
people in their communities. Various
groups are targeted in these programmes, including school students
and women. The "streetlaw" lessons are interactive and problemoriented, so that people may find
answers to the legal problems relevant to their lives. The result of increasing legal literacy is that, as
people learn about their rights, they
realize what they can demand and
expect from the authorities.
Legal skills training
The ODIHR also started a new programme in Kazakhstan in the fall of
2003 to provide basic skills training
to lawyers. Through this programme, the ODIHR is assisting in a
practical way to improve professional legal skills and thereby improve
the quality of legal services that
people receive. The two training
sessions completed in 2003 mark a
first step in developing a sustainable
programme of continuing training
for practising lawyers. The ODIHR
plans to train some of the programme participants to become
trainers for their colleagues and to
work with local partners towards institutionalization of such programmes.
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