The values priority in quality legal education: Developing a values/skills link through clinical experience

Law Teacher

Volumn 32, Issue 3, 1998, Pages 274-286

  Evans, Adrian ^a  

^a MONASH UNIVERSITY   (Australia)

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EID: 84909161252     PISSN: 03069400     EISSN: 19430353     Source Type: Journal    
DOI: 10.1080/03069400.1998.9993010     Document Type: Note

References (28)

1. Koh‐Peters, J., ed. 1998. “Reflections on Values for Clinical Teachers”. Proceedings of the American Association of Law Schools Conference on Clinical Legal Education. May5–91998, Portland. pp. 2Oregon.
2. Koh‐Peters, J., op. cit., 10
3. Daicoff, S., 1997. “Lawyer, Know Thyself: A Review of Empirical Research on Attorney Attributes Bearing on Professionalism” 1337–1426. 46 Am. L.R.
4. Kirby, J., 1996. “Legal Professional Ethics in Times of Change”. Australian Bar Review, 14: 13 7 “… there is a deeper malaise … which is left in many lives by the absence of any spiritual construct and by the increasingly general rejection of any spiritual dimension whatever to life. By a life in the law that has no reflection on the amazing fact of existence or its brevity … Until now a spiritual dimension, provided to Western societies … a framework of beliefs which have been important to sustaining and reinforcing ethical principles.
5. Beggs, G., “Reap What You Sow: Lawyer ethics could benefit from an application of proverbs”. ABA J., 82 Mar.: 116 Some writers go so far as to say that moral values (discussion of which may be considered to considerably overlap the classical exploration of ethics) are no longer taught in law schools because formal ethics codes have simply displaced them from the syllabus
6. Simon, W. H., 1991. “The Trouble With Legal Ethics”. J. Legal Educ., 41 (65): 67
7. Kronman, A. T., 1993. “The Lost Lawyer Failing Ideals of the Legal Profession”, Cambridge: The Belknap Press of Harvard University Press. Kronman's observations focus on the American profession but his viewpoint is also plausible for other common law legal systems
8. Kirby, J., “Legal Professional Ethics in Times of Change”. ABR LEXIS, 1413
9. Dawson, J., 1995. “The Legal Services Market”, 5 (JJA): 147
10. Goldsmith, A., 1996. “Heroes or Technicians? The Moral Capacities of Tomorrow's Lawyers”. J. Prof. L. Educ., 14: 1
11. Myers, E. W., 1996. ‘Simple Truths’ About Moral Education”. Am U.L., 45: 823 Amongst large firms, even the pro bono schemes of recent years are seen as evidence only that the firms practising such schemes are profitable rather than moral. Lincoln Caplan and Lloyd Carter seem to agree that “pro bono” activity has not been a big feature of firms that are struggling financially. [See “The Profession: Identity Crisis”, Note 5 above.]
12. Gibeaut, J., 1997. “Nourishing the Profession”. Jan. ABA J., 83: 92 Law teachers are encouraged to recover/retain their crucial role of role model to law students, and to teach ethics throughout law courses. Caution is however necessary, in order to avoid a direct reliance on religion as the base of these endeavours, lest perceptions of bias occur [in relation to the judiciary, according to David Barringer, “Higher Authorities”, (1996) 82 Dec. ABA J. 69]
13. MacCrate, R., 1996. “A Nation under Lost Lawyers: The Legal Profession at.the Close of the Twentieth Century: The Lost Lawyer Regained, the Abiding Values of the Legal Profession”. Dick. L. Rev., 100: 587
14. Halpin, A., and Palmer, P., 1996. “Acquiring Values”. New Law Journal, 146: 1357
15. Harris, P., and Jones, M., “A Survey of Law Schools in the United Kingdom, 1996”. The law Teacher, 313899
16. Moore, N., 1989. “The Usefulness of Ethical Codes”. Annual Survey of American Law,: 7–21.
17. Schneyer, T., 1984. “Moral Philosophy's Standard Misconception of Legal Ethics”. Wis. L. Rev.,: 1529 Schneyer reminds us that the reference to “values” includes the inevitable “no values” scenario or at least the possibility that “values” can only ever mean the lowest common denominator variety, representative of the whole of society (however expressed)
18. Bottomley, S., and Parker, S., 1997. Law in Context, Sydney: The Federation Press. A further dichotomy has been noted in the distinction (not central to this argument) between “ethics” and “conduct”: the former affecting the basis of professionalism and the latter only the superficial procedures of practice
19. Crawley, A., and Bramall, C., 1995. “Professional Rules, Codes and Principles Affecting Solicitors (or What Has Professional Regulation to do with Ethics?)”. In Legal Ethics and Professional Responsibility, Edited by: Cranston, R., Oxford: Clarendon Press.
20. Wasserstrom, R. A., 1984. “Roles and Morality”. In The Good Lawyer: Lawyers’ Roles and Lawyers Ethics, Edited by: Luban, D., 25–37. Totowa, N. J: Rowman and Allanheld. 43 In sharp contradiction is the weighty philosophical tradition which separates professional and personal roles and allows what is otherwise discordant to be reconciled at, it is argued, both the ethical and psychological level
21. Lagan, A. 1995. “Managing Through Values”, Vol. 1, Sydney: Newsletter of the St James Ethics Centre. 20 City Ethics
22. Rosner, S., 1997. “Service to Clients Comes First; Lawyers need to make the right ethical choices to produce the best results
23. Longstaff, S., 1994. “Ethics Drive Needed to Restore Profession's Legitimacy”. Law Society Journal, 32: 29–30. (NSW)
24. Brayne, H., Duncan, N., and Grimes, R., 1998. “Clinical Legal Education: Active Learning in Your Law School”, London: Blackstone Press. which effectively argues for the same connections within the UK context
25. Reuben, R. C., 1994. “Change of Course Needed: Elder Statesman says acceptance of law as business will break the profession”. ABA J., 80: 99
26. Luban, D., 1990. “Partisanship, Betrayal and Autonomy in the Lawyer‐Client Relationship: A Reply to Stephen Ellmann”. Colum. L. Rev., 90: 10041037
27. Ellmann, S., 1992. “Client‐Centredness Multiplied: Individual Autonomy and Collective Mobilization in Public Interest Lawyers Representation of Groups”. Va. L. Rev., 78: 1103
28. McQuoid‐Mason, D., 1998. “Single New Degree For All Law Graduates in South Africa”. Newsletter of the Commonwealth Legal Education Association, 77 Jan.: 27–29. 60 This combination appears to offer a way through student apathy and cynicism about the Rule of Law. It is perhaps worth following the example of South African law schools, who are all to introduce a single law degree which is expected to include a period of work in community settings