Tuesday, 15 May 2018

My Love-Love Affair with Clinical Legal Education (CLE)


Officially, it is over. The ending we all feared for is benignly staring in our faces. From the start we knew it was never going to last forever but for some reason we allowed ourselves to be carried away. It’s hard to know what is real and what is nostalgia. Each story is a brick in a monument, built slowly overtime. At some point, it doesn’t matter what is real and what is imagined. An idea can be immortal, as many of us who have had this experience will testify but we also knew so well that one day we had to walk out and close the (boardroom) door behind us.

For beginners, Clinical Legal Education is a module one offers in their second semester of third year at Makerere Law School. It is a cocktail of activities and events that combines theoretical approach to legal education with a practical and hands on approach. There are numerous activities that the student can engage in under direct supervision or in self-directed activity. This might include; legal research, fact-finding inquiry, assisting qualified lawyers, interviewing clients and witnesses, drafting letters and other documents and depending on applicable rules, engaging in negotiations and even advocacy before courts and tribunals. The advantage of this is that the student gets to acquire a vast number of skills while still at university and would therefore have a smooth run in practice and at the bar. Much more than this is the closeness and proximity you develop with the lecturers. A rapport with one or two that you interface with on a daily, a camaraderie that you strike up with those that you regularly bump into as you criss-cross the corridor trying to beat a deadline all make this a worthwhile venture.

CLE offers a practical approach that comes with learning through experimenting. It is a notorious fact that students who participate in CLE receive basic training on legal drafting, research, negotiating and oral advocacy from law teachers and practitioners who volunteer to work on a part-time basis at the clinic. In our university and many other law schools across the region, there is an obsession and student enthusiasm for live cases. CLE gets to offer the student an opportunity to interact with live cases which is a win-win situation for both the student and the client who is helped. The client is in most cases a member of the community that cannot afford the services of a practicing lawyer but can benefit from the well of knowledge of the law student. From its inception, CLE has targeted a variety of people ranging from the student community to the entire legal regime and this is what has made it head and shoulders above the rest of the teaching models. Legal clinics which were essentially put up to conduct CLE were established by law students and law lecturers principally to bridge the gap between imparting practical legal skills and theory. They were established also in response to the growing need for basic legal service by indigent populations in the region. The above shows that the benefits accruing from CLE were not limited to students but would spread to the community too.

The module has also created a difference in the employment world. A number of law students, even those with high marks on graduation, far exceed the number of job opportunities, meaning that academic success is no longer enough. Students are expected to apply for jobs during the academic stage, yet employers are increasingly looking for candidates who have life experience, preferably in lawyering and people, skills together with a sense of commercial awareness-when they apply for positions. CLE has been crucial in improving our student employability. I can tell you for a fact that at the bar, students are frequently tested on opinion-writing skills. In practice, these are very similar to the letters which students draft to the clients. Having already done the vast majority of the work, this would be a simple way for us to develop an additional skill.

Also very important is the fact that CLE grants the opportunities for connections between organisations and the students. The difference between the successful and the less successful in our world today are the connections that one strings together. Among the many programs a CLE student interfaces with, internships and externships top the pile. These involve students being attached to organisations and getting involved in the work that they do. This is normally organised such that the students are attached to a particular organisation of their choice where they would be able to enjoy their stay and also benefit in terms of knowledge and experience. This is highly advantageous, as employers cite experience as a very important factor in modern day employment. Many more benefits accrue from this because I for one and a few of my colleagues had the benefit of doing externship at TASO-Mulago and the experience opened our eyes to the reality of the deep rooted suffering, discrimination and marginalization that our people constantly live with. I noticed that there is an embedded stigma that is associated with people living with HIV. On our first day, because none of us knew with precision the exact location of the TASO centre at Mulago, we often stopped on the way to ask kind strangers for directions. However, we were often greeted with grins and chuckles that were punctuated with soft sarcastic laughs. The fact that we were two boys and two girls added spice to the mix. When we finally got to the TASO centre, the stories were more painful. Patients lamented about rejection by their families, property grabbed from them, women chased by their husbands and so much untold suffering. Many of them also confessed of how they were born with HIV and only grew up to discover the ugly truth. Every Tuesday afternoon as we would be returning to University, we often patted ourselves on the back for the contribution we had made, but deep down the truth was biting, very little had been done to change the multitude of lives that we had left behind us.

Like all others, the CLE class of 2018 had its moments, it had its highs and lows, we had our hall of fame and we had that of shame too. We sometimes laughed so hard that we often forgot ourselves but we were also never short of mind-blowing moments when deadlines were looming. There are not many bittersweet memories in one’s lifetime that you sit back and reflect on with deep fondness, nostalgia and gladness, ones that you wished should never have ended so soon.  Mario Puzo in his thriller ‘The God Father’ said that the beauty about life is that it ends. The thread from this book is that everything good will one day come to an end, and knowing that there is an end date to anything is what makes it more beautiful.

CLE was worth my every single minute!