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The Current Status and Future Challenges of the Legal Clinic

  • DONG-A LAW REVIEW
  • 2013, (61), pp.483-503
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Oh, Ji-yong 1

1충북대학교

Accredited

ABSTRACT

When the law school system was first introduced, little attention had been given to the role of legal clinics. However, by the time the law schools were launched taking their role as a legal education institution, the need for legal clinics that could provide clinical education to students has drawn a great deal of attention, resulting in the institutionalization of the legal clinics. Although being established as a clinical legal education institution, legal clinics are currently unable to provide litigation services on their own, because under present circumstances clinical professors of a law school are not permitted to practice law, nor can the legal clinics hire outside attorneys due to lack of funding. Consequently, legal clinics cannot properly function as a clinical legal education institution. Given the situation, we have to find institutional measures in order that the legal clinics may play their proper role as a clinical education institution. If we permit legal clinics to register as a public corporation dedicated to public service, and strictly limit their activities to a non-profit sector making them not to take economic compensations other than the restitution of actual expenses, and allow them, as legal aid corporations, to provide legal services to those who are economically underprivileged or legally under-represented, then the legal clinics could properly function as both a public legal service provider and a clinical education institution. And, if such a system is established as to allow clinical professors to practice law in court while barring them from profit-seeking activities, resistance from lawyer groups would be minimized, ultimately enabling clinical professsors' participation in litigation services to their clients. That is, if we build a system that allows clinical professors to practice law in non-profit areas, and transform legal clinics into legal aid corporations in the form of a public corporation, legal clinics would be able to reestablish themselves as a proper clinical legal education institution for law students.

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