Faculty of Law and Management School of Law Public Interest Law Practice LAW2PLP Subject Learning Guide & Student Placement Manual © Semester 1, 2011 Bundoora Mary Anne Noone m.noone@latrobe.edu.au 1.0 Subject information at a glance Academic staff: Mary Anne Noone Room MB 249 Associate Professor Telephone: 9479 2195 Office hours: Tuesday 10.00 – 12.00 or by appointment Email: m.noone@latrobe.edu.au Enrolment requirements: Enrolment in LLB or otherwise with the permission of coordinator Assumed entry skills and knowledge: It is assumed that students have the skills and knowledge obtained from successful completion of first year units (currently LAW1CRM; LAW1LIM; LAW1DR and LAW1 PPL.) It is assumed students possess basic legal reasoning, analytical and research skills, have some skills in problem solving and legislative interpretation Delivery mode and location: SEMINAR: Tuesday 3-5 pm Venue: HU2 403 SUPERVISION SESSION: To be advised- one hour per fortnight on Tuesday PLACEMENT: One day per week at host organisation Assessments: Six Reflective Journals (300 words each) 30 % 18 March, April, 15 April, May, 20 May and June Take Home Exam (2000 words) 30 % Due June Placement 30 % Throughout semester Attendance and Class Participation in seminars and supervision sessions 10 % Essential text: There is no specific text for this unit Instead, there is a range of readings for each seminar as listed in the resources section below These materials will be placed on LMS and e-reserve in the library Page of 26 LAW2PLP/Public Interest Law Practice Bundoora Faculty of Law and Management, La Trobe University Welcome Welcome to Public Interest Law Practice This is an elective law subject within the School of Law’s Clinical Legal Education program It offers you the opportunity to experience law in practice outside the conventional ‘individual private client’ model You will be placed in one of a variety of not-for-profit, public interest or government agencies The focus of the legal work differs from agency to agency but may include policy and project work, law reform, advice to government, litigation, campaign work, client telephone advice and representation Your experience on placement is complemented by your work in seminars on campus In these and in your supervision sessions with the subject coordinator you have the opportunity to reflect on your practical work What is Clinical Legal Education? Clinical legal education is a legal practice-based method of legal education Clinical legal education aims to enhance students’ learning of law by exposing them to the realities of the law in practice Students are guided to use their experiences to analyse the legal principles they learn in the classroom and reflect on the values and dynamics of the legal system They are encouraged to assess the effectiveness or otherwise both of the legal remedies available to clients and of the legal system in which they operate In a clinical environment, students also have the opportunity to confront the meaning of professional responsibility and ethical practice Service to people who not have the resources to access the legal system has been a longstanding characteristic of clinical legal education programs in Australia and overseas, and this intertwining of service and education is a continuing feature of the programs developed at La Trobe Working in the law can be exciting, frustrating, depressing and immensely satisfying Students in a clinical programme have the support of their classmates and their supervisor in confronting and evaluating these experiences For those students who decide not to practise law in the conventional model, the experience can provide insights into other career opportunities Aim of Public Interest Law Practice The aim of this subject is to give students the opportunity to experience law in practice (not necessarily 'legal practice' as conventionally defined) and to reflect critically on the work and obligations of lawyers, the operation of the legal system and the way in which law is practised in the public arena and/or in the public interest A critical aspect of clinical legal education is reflective practice In this subject, through the process of writing journals, students develop the skill of reflective learning in relation to their experiences on placement Obviously you will also learn many practical legal and related skills during your placement However, the acquisition of technical skills is not the primary aim of the placement LAW2PLP Public Interest Law Practice / Bundoora Page of 26 Faculty of Law and Management, La Trobe University To achieve these aims I have the enthusiastic collaboration of the following organisations in 2011 Federation of Community Legal Centres (Vic) Consumer Law Action Centre Public Interest Law Clearing House (Vic) Environment Defenders Office JobWatch Inc Victoria Legal Aid Arnold Bloch Liebler, Lawyers Darebin Community Legal Centre Maurice Blackburn Flemington & Kensington Community Legal Centre I am looking forward to getting to know you and working with you in further developing your academic, communication and reflection skills and enhancing your understanding of public interest law practice This Subject Guide and Student Manual contains important information about Public Interest Law Practice and the supervision process as well as relevant University policies and practices I suggest that you read it carefully and refer to it often during the semester Mary Anne Noone Coordinator 2.0 Subject description In this subject students experience public interest law in practice and reflect critically on the work and obligations of lawyers and the operation of the legal system Students spend 12 days at the placement site (normally one day a week), have a designated site supervisor and have regular meetings with an academic supervisor on campus In the seminars the scope, practice and ethical aspects of public interest lawyering is explored In the supervised tutorials students reflect on, compare and contrast their placement experiences Page of 26 LAW2PLP/Public Interest Law Practice Bundoora Faculty of Law and Management, La Trobe University 3.0 Learning and assessment 3.1 Learning objectives On completion of this subject, students should be able to: Practise a reflective approach to learning Explain and evaluate the concept, techniques and practice of public interest law and its place within legal practice options Explain and analyse the professional and ethical responsibilities of a legal practitioner in public interest law practice Apply good written and oral communication skills in a legal environment Apply legal research skills in a legal environment 3.2 Assessing the learning objectives Learning objective 1: To practise a reflective approach to learning Student learning outcomes Assessments Describe and discuss student experience on placement Reflective Journal & Participation in supervision sessions Analyse and reflect on the student experience Reflective Journal & Participation in supervision sessions Relate the past student experience to future conduct and identify how you might respond differently Reflective Journal & Participation in supervision sessions Learning objective 2: To explain and evaluate the concept, techniques and practice of public interest law and its place within legal practice options Student learning outcomes Summarise, critique and discuss readings relating to definition of public interest law practice Assessments Class participation in seminars and supervision sessions and take home exam Summarise, critique and discuss readings and experience from placement organisations about sites of public interest law practice Class Participation in seminars and supervision sessions and take home exam Discuss whether public interest law practice differs from traditional legal practice Class Participation in seminars and supervision sessions and take home exam 2,000 word take home exam Research and present a written appraisal of a LAW2PLP Public Interest Law Practice / Bundoora Page of 26 Faculty of Law and Management, La Trobe University given topic addressing the theoretical, practical and ethical dimensions of public interest law practice Learning objective 3: To explain and analyse the professional and ethical responsibilities of a legal practitioner in public interest law practice Student learning outcomes Assessments Identify the legal professional responsibilities of a public interest law practitioner Participation in Seminars and Supervision Sessions and reflective journals Identify and discuss a range of ethical issues in public interest law practice Participation in Seminars and Supervision Sessions and reflective journals Perform and conduct yourself in an appropriate professional manner while on placement in a legal practice or legal policy/research environment Placement assessment Learning objective 4: To apply good written and oral communication skills in a legal environment Student learning outcomes Assessments Use clear communication in written work (eg letters; policy submissions; research memoranda; memoranda to Counsel and similar) while on placement in a legal practice or policy research environment Placement assessment Use clear oral communication with relevant personnel while on placement Placement assessment Display clear written skills Reflective journals and take home exam Display clear oral communication skills Participation in Seminars and Supervision Sessions Learning objective 5: To apply legal research skills in a legal environment Student learning outcomes Assessments Use research skills while on placement in a legal practice or policy research environment Placement assessment Demonstrate ability to identify legal and non-legal issues Placement assessment Page of 26 LAW2PLP/Public Interest Law Practice Bundoora Faculty of Law and Management, La Trobe University 3.3 Assessment tasks Assessment Task Percentage of Due Date Marks Six Reflective Journals (300 words each) 30 % 18 March, April, 15 April, May, 20 May & June Take Home Exam (2000 words) 30 % June (available 27 May ) Placement 30 % During semester Class Participation in seminars and supervision sessions 10 % During semester 3.3.1 Reflective Journals (30%) Six Reflective Journals (30% ) – 300 words each (approx) Students are required to maintain and submit a reflective journal on the following Fridays: 18 March, April, 15 April, May, 20 May and June Submission must be by email to m.noone@latrobe.edu.au Failure to submit on the due date without prior grant of extension will attract the penalty for late submission applicable to take home exams Your journal is assessed according to the following criteria: Demonstrates an ability to analyse experiences Demonstrates the development of a reflective approach to experiences Contains content relevant to the subject matter of the course What is a reflective journal? Journal writing has a long history in literature and more recently in education Writers and philosophers have often kept a journal in which to record ideas and experiences for use in their work In this course, the journal is used as a learning and teaching tool Specifically, it is a ‘regular written communication from a student to a teacher, related to the course of study, that is authored by the student at the request of the teacher and to which the teacher may respond in writing.’ Students can use the group discussions to reflect on their experience and draw principles from it A written journal, however, gives another, perhaps less confronting, avenue for discussion Goals of reflective journals To provide regular student feedback to the academic supervisor on the student’s progress on placement To promote reflective behaviour LAW2PLP Public Interest Law Practice / Bundoora Page of 26 Faculty of Law and Management, La Trobe University To facilitate the connection between placement experience and classroom discussions To exploit the connection between writing and learning To foster self awareness To relieve stress A journal is a means of keeping communication open between the student and teacher Increasingly, professionals recognise that they will develop their skills only through continual reflection on how they apply them in practice and how they might operate differently Now is the time for you to develop this habit The journal allows you to ask yourself questions about the way lawyers use their skills, what those skills are or should be etcetera It has been established that writing on a topic forces the writer to articulate their thoughts The journal is a way of setting down clearly how you think about a rule, a situation or an experience This is part of the reflective process The journal allows you to ask yourself why you feel or respond in a certain way and to develop understanding of your own attitudes to the operation of law, role of lawyers etc A journal can be a way of letting off steam or expressing anxiety about the clinical experience Its compulsory nature can be an advantage What is expected of you? The journal is only semi-private That is, the entries are written to be read by you the student and by your academic supervisor In this way it is different from a personal diary You are expected to write six journals each of approximately 300 words The entries are not take home exams and are not assessed on their style and grammar although they must be comprehensible The journal is not to consist of a simple description of your daily activities You are expected to use it to make observations and comments on the legal practice and processes you are involved in You might use it for example to discuss the way in which the operation of the family law has resulted in division among men and women in residency matters and comment on the work you are doing to educate parents Confidentiality I undertake to you that, subject to the following two situations, I shall not share your journal with any other person without your permission There are, however, certain exceptional situations when I may need to disclose information from it Additionally, it is often of great value to students to hear how other students in the group are feeling and what they write about Sharing journal entries with the group can this I shall not share your entry without your consent and even when you agree, I shall make every effort to conceal your identity 1) If your entry reveals concern about the professional ethical behaviour of a lawyer I may have to act on this However, I shall discuss any proposed action with you first 2) It is possible that your entry may disclose an illegality by a client Again, I shall discuss with you how and whether I have an ethical or legal obligation to reveal this Page of 26 LAW2PLP/Public Interest Law Practice Bundoora Faculty of Law and Management, La Trobe University What may you expect of me? My obligation is to read your journal, comment on it and return it to you promptly The extent of my feedback will depend on the substance of your entry My goal is to encourage you to be self-directed in your learning 3.3.2 Take Home Exam (30%) Exam available: On LMS Friday 27 May 2011 DUE TIME and DATE: pm Friday June 2011 LENGTH: 2,000 words; worth 30% The word limit is strictly enforced Work in excess of 10% of the word limit is not read or marked Word count must be stated on the front cover of the assignment Take-home examination – 2000 words Students must answer one question in the exam You have a choice of questions on material covered throughout the semester This is an exam and there can be NO extensions Late returns will not be marked If you are unable to submit the take-home exam by the due date you must complete an application for special consideration with supporting documents within 72 hours of the due date If this application is accepted then you will need to sit a special takehome exam Referencing Students should follow the Australian Guide to Legal Citation, 2nd edition, available at http://mulr.law.unimelb.edu.au/aglcdl.asp Word length The maximum word length is 2,000 words ASSESSMENT CRITERIA There is no specific allocation of marks to individual criteria The mark awarded reflects the overall quality of the exam answer taking into account all criteria Content demonstrates Clear articulation of the issue or challenge that is focus of exam answer Accurate description of work of host organisation Understanding of the contested nature of the definitions of ‘public interest law’ Detailed analysis of issue/challenge LAW2PLP Public Interest Law Practice / Bundoora Page of 26 Faculty of Law and Management, La Trobe University Evidence of reading, analysis and preparation Ability to apply analytical and critical skills to issues raised Structure demonstrates Clear introduction and conclusion Careful and logical organisation (eg use of headings ) Expression, style and presentation demonstrates Written in a style which is clear, fluent and concise Written in plain English Careful proofreading Additional requirements The work must be appropriately referenced Students must provide footnotes and a full bibliography in accordance with academic requirements The word count must be stated on the front cover of the assignment 3.3.3 Placement performance (30%) The placement performance is assessed according to the following set of criteria provided to the student and host organisation at the outset of the placement There is no specific allocation of marks to individual criteria The mark awarded reflects the overall quality of the placement taking into account all criteria Completion of 12 full days on placement Demeanour and Conduct Punctuality Courtesy to all staff and others Adherence to the rules of the host organisation Preparedness to undertake tasks allocated Reflective approach to work Ability to accept feedback Demonstrated willingness to reassess work produced in light of feedback Level of initiative taken - balance between need for initiative and need to recognise personal limitations Written and Communication Skills Use of clear communication in written work Use of clear oral communication with relevant personnel/clients/others Demonstrated ability to identify legal and non-legal issues Page 10 of 26 LAW2PLP/Public Interest Law Practice Bundoora Faculty of Law and Management, La Trobe University ‘deep knowledge’ of the law may be indicated by certain capacities: recognising when law is relatively unambiguous and when it is unclear; recognising arguments which support a particular proposition, and those which undermine it; and to use the available legal material to develop your argument in a manner which would persuade a reader who was initially sceptical of your claims 3.4.2 Format and submission of assessment material 3.4.2.1 Assessment requirements and definitions Your written work should be typed and double-spaced Leave a clear 4cm margin on each page for comments Please label all submitted work with your name, your lecturer's name and subject code You must keep an electronic copy and photocopy of the work submitted (including references and bibliography) All submitted work must be placed in the take home exam submission box in the Faculty Office at Level of the Donald Whitehead Building by the due date and time Any take home exam submitted after 4pm is date stamped the following day Under no circumstances should you place your work anywhere other than in the take home exam box in the Faculty Office A fully completed Statement of Authorship form must be stapled to the front of your work Students are NOT permitted to forward written work by fax or email If your work is posted, then the date and time of receipt at the GENERAL OFFICE of the School, not the date of posting, is treated as the date of submission 3.4.2.2 School policies on submission, late submission and application for extension If a piece of assessment is submitted late, without a prior extension having been granted, it may be penalised according to the School policy: see the LMS (formerly WebCT) — LAW_NOT Law Noticeboard and Resources School — ‘Submission of Law School Assignments’ An Assignment will NOT be accepted for submission on any ground if: it is handed in after the handing back of assignments; or it is handed in after the examination 3.4.2.3 Applications for extension of time Any application must be made on the standard form available from the General Office or from the LAW_NOT on LMS under ‘Submission of Law School Assignments’ Any application must be made before the due date, unless this is not possible Where appropriate, any application must be accompanied by documentary support An application on grounds of illness or injury must normally be accompanied by a medical (doctor’s) certificate stating that you were unfit for a particular period The lecturer or seminar leader may grant an extension of time if there is good reason to so Academic workload and normal work practices will not be considered See the School policy: ‘Submission of Law School Assignments’ Page 12 of 26 LAW2PLP/Public Interest Law Practice Bundoora Faculty of Law and Management, La Trobe University 3.4.3 Referencing Students should follow the Australian Guide to Legal Citation, 2nd edition, available at http://mulr.law.unimelb.edu.au/aglcdl.asp 3.4.4 Cover sheet See: 3.5 Special circumstance processes Special Consideration is an equity measure to ensure that the assessment of students takes account of temporary adverse circumstances that impact negatively on individual students’ ability to demonstrate their learning achievements The following is a link to a general University statement on applications for special consideration http://www.latrobe.edu.au/acadserv/current/ans_speccons.html It is most important that applications in respect of Faculty of Law and Management units be made using the following form: http://www.latrobe.edu.au/acadserv/current/2009_Application_for_Special_Consideration_A3_ %20form_Layout_1.pdf Before filling out the Faculty of Law and Management form (if applicable), students should read the Important Notice at: http://www.latrobe.edu.au/acadserv/current/FLM_Special_Consideration_Notice_to_Students_October_ 2009.pdf" 3.5.2 Remarking policies University policies: http://www.latrobe.edu.au/policy/documents/review-re-mark-work-policy-2009-04-02.pdf http://www.latrobe.edu.au/policy/documents/review-re-mark-work-procedures-2009-04-03.pdf 3.5.3 Special examinations See University Regulations, Regulation 21.12 at http://www.latrobe.edu.au/legalservices/legislation/regulations.html 3.5.4 Supplementary Assessment University policies are at: http://www.latrobe.edu.au/policy/documents/supplementary-assessment-policy-2008-12-18.pdf http://www.latrobe.edu.au/policy/documents/supplementary-assessment-procedures-2008-12-18.pdf 3.5.5 Assessment policies (University-wide) See: LAW2PLP Public Interest Law Practice / Bundoora Page 13 of 26 Faculty of Law and Management, La Trobe University http://www.latrobe.edu.au/policy/documents/assessment-policy-2009-02-13.pdf http://www.latrobe.edu.au/policy/documents/assessment-procedures-2009-05-08.pdf 3.5.6 Students with special needs Students with special needs whose participation in this subject might be limited by any study requirements are encouraged to consult the Equality and Diversity Centre Further information and contact details for the centre are available at http://www.latrobe.edu.au/equality/ 3.6 Academic Plagiarism PLAGIARISM The following warning is issued by the University (Undergraduate Course Handbook: 2008) “One form of academic cheating is plagiarism: the reproduction of someone else’s words, ideas or findings and presenting them as one’s own without proper acknowledgment There are many forms of plagiarism, including the following: direct copying of sentences, paragraphs or other extracts from someone else’s published work (including on the Internet and in software) without acknowledging the source paraphrasing someone else’s words without acknowledging the source using facts and information derived from a source without acknowledging it using ideas directly derived from an identifiable author without acknowledging the source producing assignments which should be the student’s own, independent work in collaboration with and/or using the work of other people (e.g a student or tutor).” Plagiarism and copying the work of other students are forms of cheating and will be treated accordingly A person found assisting another person to plagiarise may be punished as severely To ensure that you are not guilty of plagiarism you must, in all your written assignments, declare all sources from which you have obtained materials or ideas The penalties for plagiarism are severe and are governed by University legislation A student found to have plagiarised will be allocated no marks for the particular piece of work involved, or may be allocated a fail grade in that subject, or may be excluded from the University STUDENTS ARE ADVISED TO FAMILIARISE THEMSELVES WITH THE RULES CONCERNING ACADEMIC MISCONDUCT Further explanations for ‘academic misconduct’ and for ‘plagiarism’ are available at: http://www.latrobe.edu.au/policies/ Page 14 of 26 LAW2PLP/Public Interest Law Practice Bundoora Faculty of Law and Management, La Trobe University 4.0 Teaching arrangements 4.1 Recurrent learning activities 4.1 Placement Students spend 12 days at an external agency (normally one-day a week), have a designated site supervisor and have regular meetings with an academic supervisor Placements are in ‘not-for-profit’ and government organisations The aim of the placement is to put you in the role of a lawyer in a workplace The workplaces, however, are not necessarily law firms and so the experience gives you the opportunity to participate in and observe the work of lawyers in a different model Students perform substantial legal work of the kind the agency specialises in This will vary from agency to agency It may involve conventional litigation and court work eg, drafting affidavits, attending court, meeting with clients It may involve research and drafting submissions to government, to management on legal policy and law reform issues It may involve developing educational or training materials and programs in the area of the agency’s work or drafting community education materials such as Fact Sheets Students are supervised on site by staff of the host organisation The host organisation has responsibility for the day-to-day supervision of the students The nature of the work to be performed by students on placement is agreed in advance between the host organisation and the course coordinators A key element of the learning on placement and on campus is the supervision encounters with the agency practice supervisor and the academic supervisor 4.1.2 On campus supervision meeting There are five one-hour group meetings with an academic supervisor These meetings provide the opportunity for students to share their placement experiences, to reflect on and learn from their experiences and to raise any issues of interest and/or concern 4.1.3 Seminars Fortnightly seminars involve some or all of lecturing: large and small group discussion; small group problem solving; guest lecturers; video/dvd The aim of the seminar program is to provide a theoretical context for your work on placement In seminars I will address a variety of topics These include ‘ethical challenges in the workplace’, ‘learning from practice’, ‘public interest law’ and ‘communication skills’ The seminars are a forum for analysis of the law, policy and practice Readings will be set for each seminar and the session will be conducted as a discussion You are encouraged to bring back into the seminar discussions your observations and experiences from placement NOTE: The seminars are an essential part of the learning experience in this course This is a small class and the vibrancy and depth of the learning experience depends to a significant extent on the contribution of each member You have an obligation to one another to attend and contribute to the LAW2PLP Public Interest Law Practice / Bundoora Page 15 of 26 Faculty of Law and Management, La Trobe University discussion Experience in similar courses is that failure to regularly attend class impacts on the student’s performance on placement and in the overall subject 4.2 Seminar and Supervision Schedule First Semester – 2011 Week Session Type Date Topic One Orientation March Introduction to Public Interest Law Practice Two Placements start Seminar March Learning from Practice Communication Skills Three No class 15 March Four Seminar & Supervision 22 March Five No Class 29 March Six Seminar & Supervision April Seven No class 12 April Eight Seminar & Supervision 19 April SEMESTER BREAK EASTER Nine No class May Ten Seminar & Supervision 10 May Eleven No class Twelve Seminar & Supervision Thirteen No class Public Interest Law: History & Definitional Issues Sites & Forms of Public Interest Law Techniques of Public Interest Lawyering Practical and Ethical Challenges in Public Interest Law 17 May 24 May 31 May Current developments and future of Public Interest Law Placements end Page 16 of 26 LAW2PLP/Public Interest Law Practice Bundoora Faculty of Law and Management, La Trobe University 4.3 Operation of the Placement 4.3.1 Attendance You will attend at your placement site (‘the agency’) for one day each week during this semester in line with the normal business hours of the agency The placement continues during the mid-semester break I suggest that 9.00am to 5.00pm or 9.15am to 5.30pm is appropriate with a lunch break You should clarify details of hours with your field supervisor on your first day You are required to attend for 12 days in total If you wish to attend for longer this is up to you and to the agency to negotiate Again, if you wish to two days during the mid-semester break, you need to talk to your field supervisor about this At the end of the semester, your field supervisor must certify to the subject coordinator that you have completed 12 full days of placement Your failure to complete this requirement before the end of the semester assessment period will result in failure of the subject If for some exceptional reason you are not able to attend the agency on your agreed placement day you must contact your field supervisor, in advance if possible, and also notify your designated campus supervisor Exceptional reasons might include illness of yourself or someone in your care (medical certificate required) NB: Competing work or study commitments are not acceptable reasons for missing a placement day Any day missed must be made up in consultation with your field supervisor 4.3.2 Field supervision While on placement with the agency you will be supervised by a staff member of that agency This person is designated by the agency in consultation with the subject coordinator, as your field supervisor Depending on the nature of the agency they may or may not be lawyers However, they are all experienced in the operation of the law in practice You receive a contact sheet identifying your supervisor and giving contact details They also have this sheet Your field supervisor is the person to whom you are responsible at work They are the person with whom I have discussed your placement and they have undertaken the responsibility for arranging your work They are the person who will complete an evaluation of your performance at the end of your placement Our experience is that people such as your field supervisor enjoy interacting with law students and feel that the discussions and fresh approach enriches their own working life It may be that from time to time you work with other staff at the agency In that case you will obviously report to them on any work they have given you However, it is important for you to remember that your field supervisor is your primary contact in the agency Role of field supervisor They have several roles Development of a work program for you Direct supervision of you in your legal/policy work on placement Discussion with you on a weekly basis of your progress, of legal issues, of policy underlying the law, of operation of the agency etc Evaluation of your performance Mentor LAW2PLP Public Interest Law Practice / Bundoora Page 17 of 26 Faculty of Law and Management, La Trobe University Communication with your field supervisor Communication or lack of it is critical to the success of your placement I are going to give you some practical suggestions for communicating in the workplace using some of the above list to illustrate our suggestions Probably the two most important skills required for effective communication are listening skills and questioning skills I might add that sometimes courage is also required! Remember that your field supervisor is a busy person who nevertheless is enthusiastic about having a law student with a fresh approach to the work In thinking about a suitable work program for you on placement they have discussed their work with us However, they generally wish to know your goals and interests before finalising the program It is important therefore that you are in a position to articulate your goals at the outset and discuss these with your field supervisor I have suggested to them that on your first day they meet with you to discuss the proposed work plan If this does not happen you should take the initiative to arrange a meeting for the beginning of the second day In orientation I will ask you to formulate your goals and expectations and to write these down to present to your field supervisor for discussion You are to document the work plan discussed, even in general terms, keep a copy for yourself, give one to your field supervisor and give us a copy This then gives you and your field supervisor guidelines to refer back to along the way Suggestions: On day one meet with your field supervisor and discuss your goals and expectations, the available work and what you might Draft out a plan If the meeting doesn’t happen? Find out when he/she is available and make an appointment for the afternoon day one or first thing day two Leave a note on their desk that you would like to meet and suggest a time Explain what you want to talk about Be friendly, courteous, inquiring about the agency Your field supervisor will also be supervising your day to day work in a micro sense That is, they may ask you to read a file and draft an affidavit; they may ask you to read material and draft a Fact Sheet; they may ask you to read a file and attend a conciliation hearing to observe procedures In their own mind they know what they want QUESTION: Have they made it clear to you what they expect? How are you to know? What resources you use? How long is the document to be? Etc A typical situation might involve them coming to you with a file, giving a quick summary and asking you to a task They might turn to leave What you do? Page 18 of 26 LAW2PLP/Public Interest Law Practice Bundoora Faculty of Law and Management, La Trobe University Suggestions: The worst outcome is a shoddy and useless piece of work with an annoyed supervisor and a depressed student! SO: Quickly before they leave ask if you can read the file and come back to them with some questions before you begin Check where they will be etc You might ask them eg: Are there any examples of Fact Sheet, affidavit etc I can look at? Is this file the only material I need for the job? Do you have any suggested research resources for the task, ie, a list of websites bookmarked on the computer? Do you want me to list my research history or just give you my opinion? Should I restrict my research to Victoria or would it be a good idea to go interstate or overseas? etc You should receive feedback on your work at least on a weekly basis I suggest that in your first meeting you arrange for a weekly meeting at a particular time Feedback can be difficult for both the giver and the receiver It should not be personal criticism and should be given in a positive and constructive way I are sure that this will happen in your placement However, you can assist the process: Suggestions: Be clear at the outset of a meeting or interaction with your field supervisor that you are keen to learn what you did wrong and how you can improve Ask specific questions about the work You will know what you were uncertain or unhappy about in your product Zero in on this and ask for help If you have thought about wider repercussions of the work mention this You will probably find your field supervisor delighted to roam into a discussion about justice and policy Perhaps they have wanted to a discussion paper on policy implications but have not had the time This might be your opportunity to this and contribute to the work of the agency and the development of policy Evaluation in an informal sense will take place along the way and hopefully feedback will give you a good idea of how your field supervisor thinks you are going However, I suggest that a more formal meeting take place at the mid point and again at the end In this you have the opportunity to discuss with them how you are performing in line with the performance criteria Your field supervisor is also your mentor This role is one that fosters the development of professional skills and values in new entrants to the profession 4.3.3 Nature of the work Our agreement with the agency is that you will be involved in substantial legal work of the kind it specialises in This will vary from agency to agency It may involve conventional litigation and court work eg, drafting affidavits, attending court, meeting with clients It may involve research and drafting submissions to government, to management on legal policy and law reform issues It may involve developing educational or training materials and programs in the area of the agency’s work or drafting community education materials such as Fact Sheets All these are acceptable and indeed desirable activities in the context of this course LAW2PLP Public Interest Law Practice / Bundoora Page 19 of 26 Faculty of Law and Management, La Trobe University You will almost certainly also be asked to perform some clerical duties such as typing, photocopying etc You will find that in all the agencies in which you are placed the lawyers this work However, you are not expected to spend more than about 10% of your time on clerical work As mentioned earlier, you are expected to develop a work plan for your placement and give it to your campus supervisor This is due after your second week of placement, ie in the week beginning 20 March If you have any concerns about your work these should be raised immediately with your field supervisor Communication again! If you are not able to sort things out with them you should speak to your campus supervisor Do not let things drift!! Student responsibilities Attend placement on time and on days agreed Dress neatly and appropriately for the agency Maintain and submit placement journal to academic supervisor Be courteous to everyone with whom you come in contact Do the work within the agreed time frame OR if not possible contact field supervisor to explain Observe confidentiality at all times Not give legal or other advice without the express approval of your field supervisor Be enthusiastic Abide by the rules of the agency in which you are placed I emphasise the importance of confidentiality and you must sign an undertaking to preserve confidentiality You must observe both client confidentiality if you are dealing with clients, and respect the confidences of your host organisation You may come into possession of sensitive material and you have an equitable obligation of confidentiality in your capacity When discussing your work outside the organisation think carefully before revealing information In Conclusion I and you are engaged in a joint venture with a third partner – your host agency Your field supervisor is a critical person in this partnership I hope that the structure of the subject works well and that you achieve your goals on placement Hard work and enthusiasm together with a critical approach to your work will go a long way to ensuring this happens Page 20 of 26 LAW2PLP/Public Interest Law Practice Bundoora Faculty of Law and Management, La Trobe University 5.0 Learning resources 5.1 Prescribed and recommended texts Learning resources The Law Librarian, Dennis Warren has gathered together a range of resources that you might find useful during your placement: http://www.lib.latrobe.edu.au/help/subject-res/law/LAW2CLE.php Readings marked with * are on e-reserve or LMS SEMINAR ONE Learning from Practice and Communication Skills Essential Reading *Hyams, R, Campbell S & Evans A, Practical Legal Skills ( 3rd ed 2007) Oxford University Ch ‘Interviewing’ *Wolski B., Skills, Ethics and Values for Legal Practice (2nd ed) 2009 Law Book Co , Chapter - Legal Writing *Ogilvy, Wortham, Lerman, Learning From Practice, Ch pp 11 – 25 *Moon J, Reflective Writing – some initial guidance for students http://services.exeter.ac.uk/cas/employability/students/reflective.htm SEMINAR TWO Public Interest Law - History and Definitional Issues Essential Reading Dhavan, R., `Whose Law? Whose Interest" in Cooper, J & Dhavan, J Public Interest Law (1986) Basil Blackwell Inc pp 17- 26 Noone, M.A., Lawyers in Conflict: Australian Lawyers and Legal Aid (2006) Federation Press pp 24-29, 34-38, 50-57, 66-74, 202-216 Pleasance, P & Maclean, S., The Public Interest (1998) Legal Aid Board Research Subject http://www.lsrc.org.uk/publications/defining_the_public_interest.PDF LAW2PLP Public Interest Law Practice / Bundoora Page 21 of 26 Faculty of Law and Management, La Trobe University Martin, P., `Defining and refining the concept of practising in ‘the public interest’ (2003) 28(1) Alternative Law Journal [this edition is devoted to Practising Law in the Public Interest] Further References *Durbach A Defining Pro Bono - Challenging Definitions Paper given at For the Public Good: The First National Pro Bono Conference August 2000 , Canberra *Sarat, R & Scheingold, S `Cause Lawyering and the Reproduction of Professional Authority’ pp – 12 in Sarat, R & Scheingold, S (eds) Cause Lawyering: Political Commitments and Professional Responsibilities 1998 Oxford University Press *Parker, S., `Why Lawyers Should Do Pro Bono Work’ in Arup, C & Laster, K.(eds) Pro Bono (2001) 19 Law In Context [via catalogue] Trubek, L, ‘Crossing Boundaries: Legal Education and the Challenge of the “New Public Interest Law’ (2005) Wisconsin Law Review pp 4- 16 available on http://www.law.wisc.edu/facstaff/pubs.php?ID=428 *Wheeler C., ‘The Public Interest: we know it’s important but we know what it means’ (2006) 48 AIAL Forum 12 -25 Burchell, S & Hunt E., ‘From conservatism to activism: the evolution of the Public Interest Law Clearing House’(2003) 28(1) Alternative Law Journal SEMINAR THREE Sites and forms of Public Interest Law Essential Reading *Arup C., ‘Pro Bono in the Post Professional Spectrum of Legal Services’ in Arup, C & Laster, K (Eds) Pro Bono (2001) 19 Law In Context at 180 *Ellis, T., ‘Human Rights and Social Justice: A frontline perspective from a Community Legal Centre’ (1996) 3(4) Murdoch University Electronic Journal of Law Noone M.A & Giddings, J., (2004) ‘Australian community legal centres move into the twentyfirst century’ (11) International Journal of the Legal Profession 215 [online via catalogue] Further References Public Interest Law Clearinghouse http://www.pilch.org.au/ Page 22 of 26 LAW2PLP/Public Interest Law Practice Bundoora Faculty of Law and Management, La Trobe University Public Interest Advocacy Centre http://www.piac.asn.au Burchell, S & Hunt, E `From conservatism to activism: the evolution of the Public Interest Law Clearinghouse’ (2003) 28(1) Alternative Law Journal Lynch, P., `The Homeless Persons’ Legal Clinic’ (2002) 27(1) Alternative Law Journal 31 *Noone M.A Lawyers in Conflict Australian Lawyers and Legal Aid ( 2006) Chapter ‘Community Legal Centres’ Disney, J., `Lawyers, social justice and public interest’ (1994)19(1) Alternative Law Journal5 SEMINAR FOUR Techniques of Public Interest Law Essential Reading *Lynch, P, (2004), `Human rights lawyering for people experiencing homelessness’ 10(2) Australian Journal of Human Rights 59 *Surkiewicz, J., et al., ‘Using the Media’ (2005) 39 Clearinghouse Review 458-64 Rich N., Reclaiming Community Legal Centres: Maximising our potential so we can help our clients realise theirs (2009) Consumer Action Law Centre and Victoria Law Foundation pp 9-27 Debowski A., (2009) ‘Old Dogs, New Tricks: Public interest lawyering in an ‘Age of Terror’ 34(1) Alternative Law Journal 15 Other References Lynch, P `From `Cause’ to `solution’: using the Law to respond to Homelessness’ (2003) 28(3) Alternative Law Journal 127 *Chakrabarti, S., et al., ‘Whose Cost the Public Interest? (2003) Public Law 697-715 Field, C., `PAY DAY LENDING - an exploitative market practice’ (2002) 27(1) Alternative Law Journal 36 Burchell, S., et al., ‘Costs of the Tampa case a vindication of litigation in the public interest’ (2002) 27 Alternative Law Journal 94-5 Trubek L & Farnham J., (2000) ‘Social Justice collaboratives: Multidisciplinary Practices for People Clinical Legal Review 227 LAW2PLP Public Interest Law Practice / Bundoora Page 23 of 26 Faculty of Law and Management, La Trobe University SEMINAR FIVE Practical and Ethical challenges in public interest law Essential Reading *Marshall, S., 'Mission Impossible?: Ethical Community Lawyering' (2000) (1) Clinical Law Review pp147 – 225 Kallies A &Godden L., ‘What Price Democracy? Blue Wedges and the hurdles to public interest environmental litigation’ (2008) 33(4) Alternative Law Journal 194 Further References Lardent, Esther, ‘Positional Conflicts in the Pro Bono Context: Ethical Considerations and Market Forces’ (1999) 67 (5) Fordham Law Review 2285 [online via catalogue] *Fisher, E C & Kirk, J “Still standing: an argument for open standing in Australia and England” (1997) 71 Australian Law Journal 370-86 Marguiles, P., ‘Multiple Communities or Monolithic Clients: Positional Conflicts of Interest and the Mission of the Legal Services Lawyer’ (1999) 67 Fordham Law Review 2339 [online via catalogue] Burchell, S., et al., ‘Costs of the Tampa case a vindication of litigation in the public interest’ (2002) 27 Alternative Law Journal 94-5 *Trubeck, Louise G ‘Embedded Practices: Lawyers, Clients and Social Change.’ (1996) 31 Harv C.R.-C.L.L Rev.415 [online via catalogue] Cane, Peter “Standing up for the Public” (1995) Public Law 276-87 Australian Law Reform Commission Report No 78 “Beyond the Door-Keeper: Standing to Sue for Public Remedies”, 1996 *Chris Tollefson, “When the ‘Public Interest’ Loses: The Liability of Public Interest Litigants for Adverse Costs Awards” (1995) 29 University of British Columbia Law Review (1995) 29 at 309–11; National Pro Bono Resource Centre, Government Lawyers and Pro Bono: Information Paper (2004) http://www.nationalprobono.org.au/documents/NPBRCGovtlawyerspaper.doc Page 24 of 26 LAW2PLP/Public Interest Law Practice Bundoora Faculty of Law and Management, La Trobe University SEMINAR SIX Current Developments and the future of Public Interest Law Essential Reading *Foden, Timothy L., ‘The Battle for Public Interest Law: Exploring the Orwellian Nature of the Freedom Based Public Interest Movement’ [2005] Vol No.2 Conn Pub Int L.J 210 *McLeay, F., ‘Pro Bono Lawyering in the 21st Century’ in Arup, C & Laster, K (Eds) Pro Bono (2001) 19 Law In Context at 16 Further References *Lynch, P, (2004), `Human rights lawyering for people experiencing homelessness’ 10(2) Australian Journal of Human Rights 59 *Abel, R., Speaking Law to Power: Occasions for Cause Lawyering, in Cause Lawyering: Political Commitments and Professional Responsibilities (edited by Austin Sarat and Stuart Scheingold, New York: Oxford Univ Press, 1998) *Bellow, Gary, ‘Steady Work: A Practitioner’s Reflections on Political Lawyering’ (1996) 31 Harv C.R – C.L.L Rev 297 [online via catalogue] Sossin L., ‘The Public Interest, Professionalism and Pro Bono Publico’ (2008) 46(1) Osgoode Hall Law Journal 131 Kennedy D., The Dark Sides of Virtue (2004) Princeton University Press Ch ‘The International Human Rights Movement: Part of the Problem?’ pp3-35 LAW2PLP Public Interest Law Practice / Bundoora Page 25 of 26 Faculty of Law and Management, La Trobe University 6.0 Feedback and quality assurance processes Feedback, both formal and informal, is sought from students each semester Changes to the subject structure and assessment are made to address this feedback Last year all students who completed the survey assessed the quality of the subject as ‘high’ or ‘very high’ In the comments section of survey form, students consistently enjoyed the placement experience and appreciated the feedback they received during the semester through the reflective journal process This comment about the reflective journals, in relation to aspects of subject that contributed to learning, sums up most student’s experience: Reflective journals (although annoying@times) was really useful Students commented that the workload was high for the subject but this must be considered in the context of the overwhelming positive comments about their learning experiences In response to this positive feedback I have increased the proportion of the final mark attributed to the reflective journals to 30% I have also changed the research essay to a take home exam worth 30% This is a more appropriate assessment for this subject and reduces the workload The Student Subject Feedback Survey is part of the quality assurance process that occurs across the university In this survey you are invited to tell us about your learning experiences in the Subject you studied I want you to tell us how you experienced the unit Your views will be taken seriously and assist lecturers to enhance units for the next group of students When the surveys reach you, please make time to tell us your views Thank you Page 26 of 26 LAW2PLP/Public Interest Law Practice Bundoora Faculty of Law and Management, La Trobe University