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Clinical Legal Education and Its Asian Characteristics

Consequently, Langdell’s newly invented method of legal teaching


Abstract
supported the emergence of full-time law teachers in universities,

and the presence of practitioner law teachers was seen to be


This article began with a consideration of the history and an
signifying the poverty of a law school. Langdell is quoted as having
evaluation of CLE in the United States, and it now moves on to
said,
evaluate the characteristics of CLE in Asia. However, using the

term ‘Asian characteristic’ is somewhat amorphous. It can be quite


What qualifies a person to teach law is not experience in the
vexing to try to define what is meant by Asia, as it is a broad
work of a lawyer’s office, not experience in dealing with law,
continent with many nationalities, religions, ethnicities, languages not experience in the trial or argument of cause-not experience,
and cultures. The same can be said for Asian legal systems, which in short, in using law, but experience in learning law.6
possess a mixture of common law, civil law, Sharia law and

customary law structures, often with a number of these structures The case method of legal teaching was criticized as an ‘aggressive,

existing within a single nation state. These legal systems have a demeaning and destructive of group cohesion’7 and ‘wasteful of

multitude of roots and origins, with some dating back centuries class time’.8 Jerome Frank described Langdell’s model as:

and others having a more recent strong colonialist influence.


Unfortunately, attempted reform of legal pedagogy is

frequently in the hands of the ‘library-law’ teacher. With the


The Early Wave of Clinical Legal Education
best will in the world, such a teacher often finds it almost

The history of clinical legal education (CLE) in the United States is impossible to warp over the old so-called case system so as to

adapt it to the needs of the future practicing lawyer. For, as


more than 100 years old, and the United States is regarded as the
above noted, that system is centered in books. So long as
first country to start such an experiential learning method of law
teachers who know nothing except what they learned from
teaching.3 The Dean of Harvard Law School, Christopher
books under the old case-system are in control of a law-school,
Columbus Langdell, in 1870 started the case method of law
the actualities of the lawyer’s life are likely in that school to be
teaching, which replaced the earlier apprenticeship training or
considered peripheral and as of secondary importance.9
study of law as an abstraction.4 Langdell’s method of teaching

resulted in law students ‘study[ing] selected appellate opinions and The case method of legal teaching was not able to help a future

distill[ing] from them the evolution of legal principles’. George S. lawyer develop the skills required in an actual situation as it

Grossman described Langdell’s method as one in which a mental emphasized a clientless analysis in a situation of competition and

process was involved in the analysis, synthesis and distinction of isolation.10 Students were taught to prepare only for exams, which

appellate opinions, which created a dialogue between student and resulted in a system of ‘every man for himself’. This isolation

teacher designed to elicit the underlying reasoning and principles narrowed the opportunity for the students to learn the necessary

involved. Margaret Martin Barry described the method in the skills of teamwork, which is a very important factor in actual legal

following way: practice.11 These elements of the case method prompted legal

scholars of that time to consider bringing something more to legal


The casebook method’s emphases on appellate judicial
teaching pedagogy that Langdell12 had missed, and in his ‘narrow
decisions and the Socratic method as the means to teach the
view of legal education’.13
skill of legal analysis … and an analytical and systematized

approach to the law as interconnected rational principles,


Consequently, in the early 1900s, several law schools started legal
taught primarily through lectures at proprietary law schools.5
aid centres to provide an opportunity for students to acquire first-
hand experience in learning lawyering skills and legal analysis. The ‘access to a body of fact and comment on the basis of which

other mission, apart from the curricular objective, behind this decisions can be made to implement effectively democratic

initiative was to play a social justice role by providing legal values’.20 According to realists, law students should go beyond the

assistance to the underprivileged sections of society.14 In 1916, the letter of the law or the wording of a judicial opinion to understand

New York State Bar Association adopted a resolution requiring that the social and psychological forces on the basis of which a law or

‘every law school shall make earnest clinical work, through legal judicial opinion is made.21 However, after the Second World War,

aid societies or other agencies, a part of its curriculum for its full neorealists started to propagate a new idea of teaching the law that

course’.15 This was obviously a crucial decision following the would equip students better to be policymakers in society.22

misery caused to human life during the First World War.16


While the earlier realist movement emphasized the training of law

William V. Rowe in 1917 was one of those persons who first talked students in a functional social–legal setting, the neorealists shifted

about the importance of clinical education in law schools and put training ‘away from the purpose of technical competence’. 23 The

forward the jurisprudence behind it. He emphasized analysis of the neorealists’ idea of developing law students into policymakers did

issues of the day by students and put forward the moral as to not gain sufficient momentum; however, the teaching of ethics and

professional responsibility as a part of law school curriculum came


[T]he fact that it will be the purpose of the clinic, not merely to
about as a result of their influence.24 Moreover, the realists’ efforts
educate in practice and to develop, in general, the true
at ‘turning the legal or human knowledge into action’ received
professional spirit, but, in the interest of the commonwealth
consistent support through various reports and professional
and of good citizenship, to lay the foundations in the
bodies. The Carnegie Foundation for the Advancement of Teaching
individual student for sound personal character and business
in 1921 funded a study on legal education in America by Alfred Z.
honor, to make clear, in the concrete, the lawyer’s duty to

society and to his fellow men, and, in so doing, to combat the Reed whose report supported the ideas of the realists and

idea, prevalent for two generations past, that the law is simply emphasized the need to provide law students with a general

one means, like any trade, of making a living, and is freely education, theoretical knowledge of the law and practical skills

open to the world without serious restrictions as to training.25 In 1944, the Committee on Curriculum of the Association
qualifications, and with no special resulting social obligations. 17 of American Law Schools produced a report titled ‘The Place of

Skills in Legal Education’ and supported the earlier report


Rowe put forward the idea that the honour of the legal profession
prepared by Reed and based on the ideas of the realists.26
and social responsibility should be implanted in the minds of

students from the beginning of their law school instruction with the The ‘Social Justice’27 Orientation Ab Initio
help of the Bar, much like an internship system. However, he

anticipated the problem of connecting a law clinic with a lawyer’s There was no particular vision of CLE during the first 50 years of

office and, finally, argued that clinical work should be done by law its existence.28 The early advocates of CLE campaigned for the skills

schools alone with the help of the state.18 Following the First World training of law students and for providing access to justice for the

War, the emergence of a realist school of jurisprudence played a underprivileged population, and supported the legal realism

crucial role in developing ‘CLE’ in America. The realist movement movement.29 The neorealists’ notion of developing future lawyers

influenced law schools to start teaching the social sciences, and the as policymakers led to the addition of new courses like professional

research method began moving towards being empirical in ethics to the law school curriculum.30 The movement for social

nature.19 Advocates of realism do not believe that judicial opinions relevance in the law school curriculum in the United States in the

are the result of rules of logic based on precedent, but rather that 1960s became the primary objective of CLE, of ‘us[ing] law as an
instrument for social justice and change’.31Charles E. Ares found According to Jon Dubin, CLE promotes the essentials of social

that there was a desire among law students ‘to help make the law justice primarily in three ways:40

serve the needs of the poor. Only the techniques for meeting that
1. By promoting access to justice for the underprivileged
desire are missing’.32 Therefore, it was then necessary to start
through representing them in various forums.
thinking about developing the curriculum by starting a dialogue
2. By exposing law students to the responsibility for public
among law teachers. Frank’s idea of establishing clinics inside the
service or pro bono work.
law school was really welcomed at the time because of its potential
3. By creating an understanding of the relationship between law
for uniting theory and practice.33 Most of the clinicians were not
and social justice among the law students.
interested in teaching the skills of legal practice; rather, they

wanted to put the students into the real world to experience the
All three ways have some effect on the learning of a law student
feeling of representing a client and thus learn the complexities and
about social justice values because the unique experience that is
essentials of legal practice.34 Law schools in the 1960s and 1970s
gained cannot be properly explained by the student’s prior
‘expanded clinics to demystify law for students and to represent
understanding of law and legal procedure.41 The student is
client communities with claims that thrust clinical programs into
required to properly follow up on a process that can help him to
the civil rights, consumer rights, environmental rights, and poverty
think critically beyond any beliefs, values and norms.42 In this
rights movements’.35 Their aim was to represent the indigent client,
phase, clinicians have to play a greater role by shaping the
as there is a different market for legal professionals who represent
student’s reflective thinking. Finally, through this reorientation, the
paying clients. So the commitment to CLE was intended to be
student’s perspective is changed, and he can explain the unusual
strictly attached to concerns for social justice, and this would be
experiences he has gained. When a student is representing a client
helpful not only for the indigent client but also for the student who
and understands the client requires legal representation, without
experienced real-world circumstances.36 This movement for social
which his or her problems cannot be solved, this makes the student
justice education is considered to be a return to the roots of
much more responsible. This responsibility to an individual client
CLE.37 Thus, ‘clinics play a critical role, both in terms of educating
will be transformed into social responsibility when the student’s
students to their professional obligations and sensitizing them to
understanding of society is increased by representing the
the needs of people’.38 Jane H. Aiken, describing the goal of social
underprivileged. Therefore, to generate this type of understanding
justice education, quotes Lee Anne Bell, who said that
among law students, it is necessary to educate them in order to

The goal of social justice education is full and equal secure social justice. The Report of the Committee on the Future of

participation of all groups in a society that is mutually shaped In-House Clinics of the American Association of Law Schools 1992,

to meet their needs. Social justice includes a vision of society in quoting Gary Palm, urges clinicians to include instruction on this

which the distribution of resources is equitable and all aspect that

members are physically and psychologically safe and secure.

We envision a society in which individuals are both self- [T]hey will never otherwise receive. This instruction includes

determining (able to develop their full capacities) and learning about poverty…. They should confront the failure of

interdependent (capable of interacting democratically with our government to provide equal justice and fair legal

others). Social justice involves social actors who have a sense of procedures for the poor. We should help them structure their

their own agency as well as a sense of social responsibility careers to include pro bono work through community group

toward and with others and the society as a whole.39 representation, litigation and legislative advocacy.43
Frank Bloch, discussing the benefits of instructing students on the The same may also be said for the multifaceted characteristics of

social justice responsibility of the legal profession by involving Asian legal education. Yet, although there exists a multitude of

students in legal aid activities, states that the unique legal education practices, many common attributes

concurrently exist as well. Often, these similarities have been most


[M]erger of legal aid and legal education through the clinical
apparent when looking at the challenges faced by Asian law
movement has been important because a lawyer’s professional
schools, which have included the need to balance legal education
life really begins when he or she enters law school … the law
and interdisciplinary perspectives, to provide sufficient
school years represent for most the first time in their lives that
comparative material, to reform teaching and assessment
self-identification as a lawyer can have any real meaning. This
methodology, and to juggle competing needs with very limited
self-identification as a lawyer is particularly important for law

students when they are first exposed to legal aid activities and resources.45 One primary challenge with respect to legal education,

the notion of professional public service.44 for example, which cuts across most Asian national borders, is that

students are often passive learners, and teachers are seen as ‘gurus
The lack of access to justice for the underprivileged is a problem imparting knowledge’. This scenario not only exists at the law
rooted deep in any legal system in the world. Thus, it is always school level but is most often also true of the basic education level
important as a law student to find the reasons behind it in order to of most students prior to entering their law study.46Moreover, law
arrive at the solutions for it. Clinical teachers should take the being a bachelor-level programme in most Asian countries, it is
initiative in teaching students to fight for the underprivileged. They common that lawyering skills and the professional lawyering ethics
should expound on the ideas of justice, morality and rights, and and societal responsibility are not taught until after students
expose how these noble ideas are getting scattered by the complete their undergraduate programmes.
inequitable distribution of wealth. This form of education can

create sensitivity to human suffering among law students and show Yet, within these common challenges, there exists a growing

the original roots of CLE and its further direction for the next change in many Asian countries and law programmes, which has

century or so. included a CLE movement. This trend has fervently developed and

currently continues to expand at a rapid pace.


The Asian Characteristic of Clinical Legal Education—

Empowerment, Justice and Skills An examination of this regional CLE movement would show that it

reflects its own Asian characteristics. For example, one


This article began with a consideration of the history and an contemporary core commonality of most of these Asian university-
evaluation of CLE in the United States, and it now moves on to based CLE programmes can be found in their focused social justice
evaluate the characteristics of CLE in Asia. However, using the mission of delivering legal assistance and empowerment to the
term ‘Asian characteristic’ is somewhat amorphous. It can be quite poor and marginalized while simultaneously developing legal
vexing to try to define what is meant by Asia, as it is a broad knowledge, skills, ethics and pro bono values within the
continent with many nationalities, religions, ethnicities, languages participating university students.
and cultures. The same can be said for Asian legal systems, which

possess a mixture of common law, civil law, Sharia law and A number of CLE programmes, including the Ateneo University

customary law structures, often with a number of these structures Human Rights Center (AHRC) in the Philippines,47 train students

existing within a single nation state. These legal systems have a to use a participatory method of representation when working with

multitude of roots and origins, with some dating back centuries clients. Rather than utilizing a top-down approach, clients are

and others having a more recent strong colonialist influence. treated as equals throughout the representation process. In this
manner, the lawyer’s role is not restricted to just solving a client’s Rather, although the Philippines developed accredited CLE course

problem and delivering the answers or solutions through a one- structures early on, another common Asian CLE characteristic was

way exchange. Rather, the client is involved as a co-decision-maker. that most other clinic-type programmes existing in the region were

more service-related clinics, in which little-to-no jurisprudential


This mode of alternative lawyering enables clients to decide for
pedagogy was used. Many of them were developed outside the
themselves and find solutions to their own problematic situations
formal curriculum as voluntary, extracurricular initiatives.
based on a better understanding of the issues involved. It is a

means of achieving a break in the often cycle of need. This problematic situation can be demonstrated through a review

Conventionally, clients meet lawyers looking to have their legal of the Thammasat University, Thailand, legal clinic. Started in 1949,

problems resolved. In these scenarios, once the immediate need is it has for years in Thailand often been hailed as a model CLE

worked out, it is not unusual for these persons to return to the same programme, which focuses on providing a broad variety of legal

environment from which they came. This frequently leads, often services to the public.49 Yet, to this day, the clinic has yet to be

only a short time later, to the development of similar or identical integrated into a structured, credit-bearing course.50 For many

problems. It is a type of Band-Aid approach to problem-solving. years, similar to Thammasat, there has seemed to be a lack of

Traditional lawyering is seen as a mechanism that ‘promotes a connection between universities developing CLE programmes that

client dependency on the lawyer instead of encouraging legal self- provide both a social justice mission and simultaneously integrated

reliance on the part of marginalized groups’.48 programmes with an accredited legal education course.

Alternative lawyering, which is a client-focused representation Moreover, comparable to the lack of CLE-accredited programmes,

method, is a tool for lowering the rate at which clients’ needs are there was also no common movement to apply and use CLE

repeated. Students in clinic programmes, employing alternative methods in the traditional, doctrinal or elective courses. Rather

lawyering techniques, are taught to listen to clients and hear what than use these methods, which apply an interactive, student-

they are saying. They are taught to learn from their clients and to centred, reflective approach, and include a focus on social justice,

sit back and allow the client to guide the decision-making process, ethics and professionalism, lectures continued to be the primary

which is often a difficult technique for the control-minded mode of teaching. At best, CLE methods were often limited to

personalities that many attorneys possess. being used for students in clinic programmes.

Moreover, in working to further empower communities, these Early in the twenty-first century, this situation started to shift as

alternative lawyering methods often focus on group representation universities in a number of Asian countries began to align both the

rather than individuals. They focus on the ‘social or structural pedagogy and the social justice mission in their CLE programmes

problems’ of ‘the poor and vulnerable groups’. Along with the with the methods. Building on these experiences, a regional

representation of the groups, a primary goal is empowerment in breakthrough occurred in 2005 when the First Southeast Asia

the social, economic and political sphere. Clinical Legal Education Conference was held in Phnom Penh,

Cambodia. The conference, which used the Pannasastra University


Historically, many CLE programmes throughout Asia, like those in
of Cambodia Legal Clinic as a prototype of a social justice and
the Philippines, have played a significant role in ensuring this
accredited course model, was attended by a broad range of legal
empowerment principle. Yet, although a number of programmes
educators, legal professionals, members of civil society and
throughout Asia possess this regional commonality, the same
government representatives from throughout Asia and globally.
cannot be said for educational programmes structured on CLE.
The event provided the first regional venue for exchanging
experiences by both those new to the CLE movement and persons and the University of the Philippines by the Pannasastra University

already engaged in CLE who were interested in expanding their of Cambodia in 2004, followed by the University of Malaya and

programmes to include both a social justice theme and an Universiti Teknologi MARA (Malaysia) in 2007. The growth of CLE

accredited course programme. in Vietnam is often attributed to a 2009 study visit to Thailand

hosted and organized by the Chiang Mai University Legal


This event was soon followed by the First Southeast Asia Clinical
Consultation Centre. The visit was attended by a number of deans
Legal Education Training of Trainers Workshop in 2007, hosted by
and high-level professors from throughout Vietnam, who soon
the University of Ateneo and co-organized by the Open Society
after began to provide core support for the development of CLE at
Justice Initiative and Bridges Across Borders Southeast Asia
their home institutions. More recent examples are the study visits
Community Legal Education Initiative (BABSEA CLE). Like the
made by delegations of Myanmar legal education representatives
forum in Cambodia in 2005, this event concentrated on ensuring
to universities in Thailand, Vietnam and India in 2013, and to Laos
that the participants in attendance appreciated the need to try to
and Singapore in 2014.
guarantee both academic and social justice CLE programme

components. As well, there was a strong concentration on the ways This community character has also brought about the creation of

and means of utilizing CLE methods in traditional law-teaching CLE associations and networks, which have further been a factor in

subjects. fueling the CLE movement. This can be exemplified in part in the

earlier years by the creation of the Committee of Chinese Clinical


Following these forums, similar CLE-related regional events have
Legal Educators (CCCLE) in 2003, and more recently the Indonesia
occurred, including in Indonesia, China, India, Indonesia, Laos,
Clinical Legal Education Association in February 2013, the Vietnam
Malaysia, Singapore, Thailand and Vietnam. As a result, and
Clinical Legal Education Network in April 2013 and the Southeast
almost a decade since the 2005 Phnom Penh Conference, there is a
Asia Clinical Legal Education Association (SEACLEA) in
clear indication that the objectives laid out in Cambodia have
November 2013.
begun to be achieved. Social justice-oriented CLE-accredited

programmes are moving towards a more standardized practice Moreover, the regional CLE advancements have also been due to

throughout Asia, and CLE methods are much more widely the concerted efforts of organizations and institutions promoting

appreciated, accepted and used in law school instruction. the expansion of CLE. In addition to the Ford Foundation, which

began to promote and back clinics in China starting in


In addition to these collective regional CLE forums, there have been
2000,51 others began to follow suit and have included BABSEA
other factors involved in ensuring these CLE successes. One of
CLE, the Global Alliance for Justice Education (GAJE), The
these, while not necessarily unique to the Asian culture, but clearly
International Journal of Clinical Legal Education, the Open Society
known as a part of it, is the idea of community and working
Foundation/Justice Initiative and the United Nations Development
together. Throughout this past decade, one of the most successful
Programme (UNDP). Working with a common mission of
driving forces supporting the development of CLE in Asia has been
developing pedagogically sound, justice-oriented CLE
the collaboration of universities at both the national and the
programmes, and often strategizing collaboratively, they have
regional levels. CLE-related study visits, exchanges and other
continually worked with Asian university representatives to
knowledge, experience and product sharing have been common in
organize, host and attend regional and globally related CLE events.
the region. These collaborations have resulted in an ardent regional

sense of familial unity. Among the numerous examples, some of CLE-related research and academic writing has also begun to play

the more noted ones include the visit to both Ateneo University a significant role in its regional development. This factor is often
stressed to nascent CLE law lecturers as one of the many benefits of Other challenges have included a lack of training, in both the

being involved in CLE programmes, as well as the need to use CLE progressive teaching methods of many of law teachers and

methods.52 In the past few years, it has become more common for practical lawyering skills. This has been coupled with the fact that

publications with a sole or substantial focus on CLE development in Asia, unlike with clinic programmes in the United States and a

in the Asian context to be produced. The strategic advocacy value number of other countries, which often have 8–10 students per

of such publications should not be minimized. They have been clinic course, class sizes may exceed 100 students.

useful both in gaining support from policymakers, who are often


There also exists a prohibition in most Asian countries on
reluctant to approve progressive, social justice-related educational
university law teachers’ practising law. As a result, many CLE
CLE programmes,53 and in other ways, including providing access
direct client service programmes only provide initial consultation
to justice-focused donor agencies that have historically not funded
and referral services rather than direct client representation. These
such initiatives. Moreover, the publications also serve the purpose
challenges, however, have often been turned into a strength, as
of assisting legal educators in the professional advancement of their
many CLE programmes have developed teaching methods and
academic careers.
community service focuses that do not follow some of the more

As a result of this combination of factors, CLE has begun to traditional direct client service clinics often seen in the United

develop a solid foundation throughout Asia as an initiative aimed States and other Western countries. As an example, many CLE

at building formal legal education, access to justice and the rule of programmes throughout Asia are engaged in community legal

law. The demand for the introduction of new programmes and the education activities, as this provides a forum for many more

strengthening of existing ones continues to increase with the students to be involved, with many student groups participating in

appreciation of CLE’s value in assisting in the reform of legal community legal education activities with a number of different

education while simultaneously providing new tools for communities throughout a semester.

strengthening civic engagement in schools and communities. There


Finally, a constant challenge is ensuring that the educational goals
is a much greater understanding that these programmes directly
of the CLE programmes are not trumped by those who mistakenly
foster inclusive participation by strengthening awareness of core
see them primarily as legal aid and community service projects. As
development goal principles, especially access to justice, rights-
most Asian countries have, at best, fledgling government-
based approaches and legal empowerment of the poor. At the same
supported legal aid systems, this is often a situation that is
time, CLE builds capacities for advocacy and civil engagement, at
frequently encountered. This circumstance is often used as a
both the grass-roots level and nationally.
strength by CLE advocates. They are able to express the point that

These successes have also been accompanied by a number of if the programmes are properly developed with a primary focus on

common challenges throughout Asia. Since CLE is still somewhat quality educational, rather than quantity delivery services, they

unfamiliar to more traditional educators and policymakers, there will help ensure the exponential development of many more future

has been a hurdle at a number of institutions in receiving approval ethically and professionally trained legal aid-oriented actors. This

for accredited clinical courses. This has a direct impact on the provides the basis for an at-scale paradigm shift that will positively

amount time that both law teachers and students can be engaged in strengthen the legal profession and legal system.

the programmes due to their not receiving remuneration or credit

for their involvement.


Present State of CLE in Asia and New Initiatives actors (LSAs), including governmental policymakers,

municipalities and justice sector institutions.


Within the pages of this article, it is not possible to provide a

complete view of the present state of CLE in Asia. At best, it is fair The BABSEA CLE CLE model draws on critical pedagogy to assist

to say that against the backdrop of successes and challenges prospective lawyers and advocates for justice to develop a critical

described herein, there has been much forward movement and stance challenging exclusion based on biases and the practice of

growth. New CLE initiatives have begun, and many others are ‘othering’. BABSEA CLE-supported CLE programmes in Asia are

being considered. One such example includes Myanmar, which has committed to the development of critical epistemologies, ethics of

embarked on a nationwide CLE development programme caring, compassion and solidarity, and actively strive to heighten

involving all 18 law departments. This programme has moved law students’ and faculty members’ understanding of social

forward with the broad support of the Myanmar government, disparities and consideration of alternatives to existing structural

UNDP, BABSEA CLE and private sector legal partners, including arrangements that are conducive to legal inequality.59

Herbert Smith Freehills, DLA Piper and their nonprofit initiative,


BABSEA CLE views social justice as an individual, collective and
New Perimeter. Other developments have included universities
institutional journey. This involves developing
that thematically focus on specific access to justice issues, including
multicultural/multiethnic/multinational knowledge to challenge
migrant54 and sex workers, transgender communities,55 people
racism, sexism, disablism, homophobia, transphobia and other
living with HIV (PLHIV)56 and land-related issues.57 Transnational
biases, and taking a critical stance on injustice and exclusion. The
CLE programmes involving partnerships between two or more
model is also working to make access to justice resources more
universities, working cross-borders, have begun as well.58
widely available through open and distance learning (ODL) and

When looking at the current CLE systematic programmes and open educational resources (OERs). The model’s success is, in part,

methods being applied throughout much of Asia, it is important to the result of working within a networked community of critical

note a particular model employed by BABSEA CLE. This approach friends and advocates who promote a transparent rule of law and

strives to transcend tolerance and strengthen access to justice increased access to justice within NSAs and LSAs both locally and

through CLE. This model globally.60

1. Ensures the growth of university-based CLE programmes Other new regional developments have included the intersection

focusing on legal empowerment for socially vulnerable and between the CLE movement and the emerging global pro bono

marginalized individuals and communities; movement. Both the public and private sectors have come to

2. Assists in developing a networked cadre of pro bono and understand how pro bono initiatives can work in conjunction with

community service-minded law graduates and civil society and support CLE programmes. They furthermore comprehend that

advocates for justice; CLE programmes develop the next generation of pro bono leaders

3. Encourages the embodiment of CLE approaches that and advocates, and thereby support the pro bono movement. Seen

transcend the notion of tolerance, enabling advocates for as mutually supportive, these regional and global energies were

justice to stand in solidarity with poor, vulnerable and formally joined, beginning at the Inaugural Asia Pro Bono

marginalized communities; and Conference held in Laos (September 2012) and co-organized by the

4. Facilitates local and global linkages between CLE National University of Laos Faculty of Law and Political Science.

programmes and nonstate actors (NSAs), including civil Since that time, two similar Asia regional events have been co-

society organizations, law firms, corporations and local state organized by universities, including in Vietnam (October 2013)
and, more recently, in Singapore (September 2014). In September The movement forward is likely to face a number of surges and

2015, the Fourth Asia Pro Bono Conference and Legal Ethics Forum stalls. Yet, based on the experiences of past occurrences, it will be a

has been organized by three Myanmar university law departments forward movement nonetheless. It will also be a movement that

located in Mandalay. will likely continue to evolve in a particularly Asian characteristic

way.
Another recent development, which is greatly attributed to the

regional CLE movement, has been the effort to integrate legal

ethics, professional responsibility, pro bono work and access to

justice teachings into the formal law curricula of many law schools

throughout the region. Many Asian university legal education

institutions do not have a mandated legal ethics, professional

responsibility course. For those that do, they often fail to connect

the teaching of legal and professional standards with the lawyer’s

pro bono obligation, and role, in guaranteeing access to justice to

the poor and marginalized. The move to incorporate this

curriculum is often being first introduced and initiated through

university CLE programmes.

Conclusion

While CLE could initially have been described as an Anglo-

Western style of legal education teaching, its current status in Asia

no longer places it within this framework. Rather, CLE throughout

the Asia region, although still in an early development stage, has

managed to incorporate many of the core values set out by early

Western legal education theorists, and has concurrently developed

its own Asian characteristics. These characteristics have developed

through national, regional and international collaborations. As a

result, the programmes possess a mixed synergistic set of

objectives, including the reform of legal education, which has been

beneficial for both students and legal educators alike. Moreover,

these programmes provide direct legal service and legal

empowerment for individuals and communities that are faced with

access to justice obstacles. Finally, the programmes focus on

assisting in strengthening a more ethical and socially conscious

legal profession and legal system in an area of the world which is

often seen to be in great need of this reinforcement.

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