PLP.11.Learning-and-Placement-Guide

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: SEM

Public Interest Law Practice

1.0 Subject information at a glance

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, 1 April, 15 April,

6 May, 20 May and 3 June

Take Home Exam (2000 words) 30 % Due 3 June

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

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 youthe 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 inyour supervision sessions with the subject coordinator you have the opportunity to reflect on yourpractical work

What is Clinical Legal Education?

Clinical legal education is a legal practice-based method of legal education Clinical legal educationaims 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 classroomand reflect on the values and dynamics of the legal system They are encouraged to assess theeffectiveness or otherwise both of the legal remedies available to clients and of the legal system inwhich they operate In a clinical environment, students also have the opportunity to confront themeaning of professional responsibility and ethical practice

Service to people who do not have the resources to access the legal system has been a longstandingcharacteristic of clinical legal education programs in Australia and overseas, and this intertwining ofservice 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 aclinical programme have the support of their classmates and their supervisor in confronting andevaluating these experiences For those students who decide not to practise law in the conventionalmodel, 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 ofwriting journals, students develop the skill of reflective learning in relation to their experiences onplacement

Obviously you will also learn many practical legal and related skills during your placement However, theacquisition of technical skills is not the primary aim of the placement

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 andobligations of lawyers and the operation of the legal system Students spend 12 days at the placementsite (normally one day a week), have a designated site supervisor and have regular meetings with anacademic supervisor on campus In the seminars the scope, practice and ethical aspects of publicinterest lawyering is explored In the supervised tutorials students reflect on, compare and contrast theirplacement experiences

3.0 Learning and assessment 3.1 Learning objectives

On completion of this subject, students should be able to:

1 Practise a reflective approach to learning

2 Explain and evaluate the concept, techniques and practice of public interest law and its placewithin legal practice options

3 Explain and analyse the professional and ethical responsibilities of a legal practitioner in publicinterest law practice

4 Apply good written and oral communication skills in a legal environment

5 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

1 Describe and discuss student experience on

placement Reflective Journal & Participation in supervision sessions

2 Analyse and reflect on the student experience Reflective Journal & Participation in

supervision sessions

3 Relate the past student experience to future

conduct and identify how you might respond

Student learning outcomes Assessments

1 Summarise, critique and discuss readings relating

to definition of public interest law practice

Class participation in seminars and supervision sessions and take home exam

2 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

3 Discuss whether public interest law practice differs

from traditional legal practice

Class Participation in seminars and supervision sessions and take home exam

4 Research and present a written appraisal of a 2,000 word take home exam

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

1 Identify the legal professional responsibilities of a public

interest law practitioner Participation in Seminars and Supervision Sessions and reflective

journals

2 Identify and discuss a range of ethical issues in public

interest law practice Participation in Seminars and Supervision Sessions and reflective

journals

3 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

1 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

2 Use clear oral communication with relevant personnel while

3 Display clear written skills Reflective journals and take

home exam

4 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

1 Use research skills while on placement in a legal practice

or policy research environment Placement assessment

2 Demonstrate ability to identify legal and non-legal issues Placement assessment

3.3 Assessment tasks

Six Reflective Journals (300

words each) 30 % 18 March, 1 April, 15 April, 6 May, 20 May & 3

June

Take Home Exam (2000 words) 30 % 3 June

(available 27 May )

Placement 30 % During semester

Class Participation in seminars

and supervision sessions

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, 1 April, 15 April, 6 May, 20 May and 3 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 latesubmission 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 philosophershave 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 writtencommunication from a student to a teacher, related to the course of study, that is authored by thestudent 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 Awritten journal, however, gives another, perhaps less confronting, avenue for discussion

Goals of reflective journals

1 To provide regular student feedback to the academic supervisor on the student’s progress onplacement

2 To promote reflective behaviour

3 To facilitate the connection between placement experience and classroom discussions

4 To exploit the connection between writing and learning

5 To foster self awareness

6 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 todevelop this habit The journal allows you to ask yourself questions about the way lawyers use theirskills, 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 thereflective 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 Itscompulsory 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 althoughthey must be comprehensible

The journal is not to consist of a simple description of your daily activities You are expected to use it tomake observations and comments on the legal practice and processes you are involved in You mightuse it for example to discuss the way in which the operation of the family law has resulted in divisionamong men and women in residency matters and comment on the work you are doing to educateparents

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 otherstudents in the group are feeling and what they write about Sharing journal entries with the group can

do this I shall not share your entry without your consent and even when you agree, I shall make everyeffort 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 howand whether I have an ethical or legal obligation to reveal this

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 myfeedback will depend on the substance of your entry My goal is to encourage you to be self-directed inyour learning

3.3.2 Take Home Exam (30%)

Exam available: On LMS Friday 27 May 2011

DUE TIME and DATE: 4 pm Friday 3 June 2011

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 onmaterial 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 ofthe due date If this application is accepted then you will need to sit a special take-home exam

 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

 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

1 Completion of 12 full days on placement

2 Demeanour and Conduct

 Punctuality

 Courtesy to all staff and others

 Adherence to the rules of the host organisation

 Preparedness to undertake tasks allocated

3 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 recognisepersonal limitations

4 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

5 Legal Research Skills

 Apply legal research skills to tasks allocated by host organisations

 Apply ability to identify legal and non legal issues

6 Understanding of Professional Responsibility

 thoroughness and management of file and/or project work

 demonstrated understanding of specific ethical requirements of host organisation includingconfidentiality

 demonstrated understanding of work of host organisation

 recognition of host organisation’s role within the justice system

3.3.4 Class Participation (10%)

Class participation will be evaluated in accordance with the following criteria:

- Quality and consistency of reading preparation for class

- Ability to analyse the prescribed readings

- Demonstrated ability to relate readings to placement experience

- Oral communication skills

- Attendance at seminars

Students are expected to attend the seminars able to discuss these questions in relation to the

readings:

- Why is this reading relevant to this course?

- What other readings is it related to?

3.4 Assessment requirements and definitions

3.4.1 Assessment criteria

 A ‘D’ grade answer: may make one or more serious errors on stating the law or in applying the law

to the facts; address few of the issues required; or be poorly written

 A ‘C’ grade answer: is knowledgeable but may present few reasons for a conclusion and lack coverage of issues

 A ‘B’ grade answer: displays deeper knowledge of the law and of the issues but may make relativelyminor errors of law, particularly at the lower end of the grade In a question requiring multiple issues

to be addressed it may (particularly at the lower end of the grade) lack a comprehensive coverage

of the issues

 An ‘A’ grade answer: is not wrong on the law; displays a deep knowledge of the law and the

problem; and does not omit to discuss any major issue While it displays a wide coverage of issues

it is not necessarily expected to address every possible issue, particularly at the lower end Note:

‘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

2 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 thatyou were unfit for a particular period

The lecturer or seminar leader may grant an extension of time if there is good reason to do so

Academic workload and normal work practices will not be considered See the School policy:

‘Submission of Law School Assignments’

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: <http://www.latrobe.edu.au/acadserv/staff/misconplagiarism.html>

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: