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Khazar Legal Clinic

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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