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The term "clinic" with regard
to legal education is subject to multiple definitions. In its broadest
sense, clinical legal education refers to any kind of experiential,
practical or active training for the legal profession that has as
its primary pedagogical focus, the teaching of the craft of lawyering.
That craft contemplates a range of skills and values commensurate
with the development of professionalism, such as the ability to solve
legal problems through various dispute resolution devises, the provision
of competent representation, the recognition and resolution of ethical
dilemmas, and the promotion of justice, fairness and morality. Khazar
University uses the term "clinic" to refer to the "live
client" clinic, begun September 1998 as a new style of experiential
legal education practiced within the framework of the Khazar Law School.
During the process of establishment of the independent state of
Azerbaijan, there has been a pressing need for development of well-trained
practitioners of law as well as legal publication, and rendering
professional legal assistance to the needy parts of the population.
This has been especially critical in the course of the profound
transformation of the country's economy, political structure, and
society, due to Azerbaijan's exceptional resources. The training
of lawyers in the Soviet system was parochial, strongly conditioned
by communist ideology and theory, and was lecture-based. As a result,
today, delivery of education through lectures and seminars continues
the passive role of students in the educational process.
Seminars mostly are a kind of testing instead of being a panel
for discussion. The lecture-seminar system has resulted in a situation
where students learn little and are not active. The low motivation
of students and their lack of enthusiasm was another heritage of
the Soviet education. As a result, students have not shown a capacity
for critical thinking and analysis, because their role in the traditional
system of education was limited.
New changes in the country, including wide international contact,
has made it necessary to implement quite a new approach to legal
education. The first legal clinic in the Caucasus was founded in
Azerbaijan at Khazar University, September 1998. The Open Society
Institute (Soros foundation) provided financial support to the clinic.
Among the aims of the newly established clinic, two were of the
greatest importance:
To train young lawyers who have not only the theoretical
knowledge but also the practical skills necessary for their legal
practice.
To carry on the social function of rendering free legal
assistance in the several areas of law to the most indigent groups
of the population of the country.
Legal Clinic provides academic instruction and practical trainings
for the students, besides essential legal services. It offers courses
in the following areas of Law:
A Criminal Law and Criminal Procedure
Civil Law and Civil Procedure
Human Rights
Currently about 50 students are involved in the three clinical
programs. Some educational methods used in the clinic include:
seminars
consulting with teaching staff while working with "live"
clients
filing of cases, preparation of clinical documents, answering
calls of clients, etc.
interviewing "live" clients
developing of skills related to clients' case presentations
in official instances
presenting of clients in courts of law and other official
procedures
Main objectives of the clinic include, educating students to:
ask the correct questions to obtain information from clients
establish trustful contacts with clients
learn all the facts necessary for case solving
learn the problems of clients
explain to clients complicated legal notions and state decisions
in simple language
predict case outcomes
formulate their positions and opinions on the case
work successfully with documents
select appropriate normative material
The Legal Clinic provides for students the unique opportunity to
represent clients in the courts in civil and criminal cases. Study
in the Legal Clinic creates an intensive practice under supervision
of experienced lawyers.
The Khazar Legal Clinic has its own classrooms and two- roomed office
for the clinic's staff. The staff includes director, coordinator,
two lawyers and five instructors.
The Khazar Legal Clinic collaborates with a number of local NGOs,
especially with "Advocate-Service", "The Young Lawyers
Association of Azerbaijan" and The American Bar Association
(ABA). The Clinic receives consultation support from PILI (Public
Interest Law Initiative in Transitional Societies) at the Law School
of Columbia University.
Since January 2005 with the support of ABA CEELI through USAID
Legal Clinics has become "Clinical Education and Legal Assistance
Center" that lead to the development of the clinic.
Legal Clinic cooperates with Ombudsman office to provide Legal
Assistance for the population.
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