Clinical supervision –what’s the point?

Alan Russell & Catherine Evans

London South Bank UniversityLawWorks Round Table 14 June 2017

PRINCIPAL AIMS

1. Tangible benefit to the local community.

2. Develop students’ practical knowledge of

the law in context in order to boost their

confidence, skills and employability.

3. Teaching and learning resource for other

universities.

CONTEXT

• A widening participation institution

• 25% UG law students live locally in south & east London

• 57% women

• 65% over 21

• 70% non-white

• 52% in paid employment (80% working 9 hours plus)

• 17% caring for at least one school age child

CONTEXT

Students unlikely to have links to the legal professions

• ‘Unleashing Aspiration: Final Report of the Panel on Fair Access to the Professions (Milburn , 2009)

• ‘Access to Professional Careers, a Progress Report by the Independent Reviewer on Social Mobility and Child Poverty’ (Milburn, 2012)

CONTEXT

• ABS – Legal Services Act 2007

• Information technology

• Paralegals

• Fewer training contracts and pupillages

• University tuition fees –£9,000 PA

CONTEXT

• Clustering

• Early intervention

• Impact on health and wellbeing

• ‘Referral fatigue’

CONTEXT

Housing & Homelessness

Family

Debt

Immigration

Employment

Education

Welfare Benefits

CONTEXT

• Southwark ranked

23rd most deprived

out of 326 local

districts in England

(DCLG 2015)

• Demand for SWL

advice enormous

• Supply very limited

CONTEXT

• Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) 2012

• £320 million savings PA

• Legal Help Scheme slashed

• Welfare benefits, debt, employment, education, immigration advice out of scope

• Housing and family advice severely restricted

DROP-IN SOCIAL WELFARE

LAW ADVICE• Drop-in face to face

social welfare law advice

• Drop-in 3 x 3 hours a week

• Staffed by students; supervised by university employed solicitors

• Minimum 12 week placement

• 24 clients a week

Reception

• Initial details

Interview Part 1

• Fact-finding

• Establish what client wants

Research enquiry

• Using Advice-guide and other resources

Consult supervisor

• Agree the content of your advice to the client

Interview Part 2

• Advise the client

Finish the enquiry

• Write up an accurate case record

DAY TIME DROP-IN

• Basic information on any legal topic

• Generalist advice in all areas of social

welfare law (save immigration)

• Signpost/referral to other local legal advice

agencies and law firms

• Refer to our own evening sessions

EVENING SESSIONS

Students shadow pro bono solicitors &

barristers giving specialist legal advice in

• Housing

• Family

• Employment

CLIENT OUTPUTS

3500+ clients helped

CLIENT OUTPUTS

19

STUDENTS – LEARNING

Modelling CollaboratingStudents

taking control

STUDENTS – LEARNING

• In at the deep end – first point of contact

• Translating client concerns into legally

recognisable categories

• Interviewing skills

• Practical legal knowledge

• Understanding of client care and

professional ethics

STUDENTS – FEEDBACK

• Instant feedback from supervisors

• Peer to peer feedback

• Writing skills – the advice record

FEEDBACK

D. Nicol and D. Macfarlane-Dick, ‘Formative

assessment and self-regulated learning: a

model and seven principles of good

feedback practice’ (2006) 31(2) Studies in

Higher Education 199

GOOD SUPERVISION

Good Supervision

Good Feedback

SELF REGULATION

Good feedback

Self -Regulation

SELF REGULATION

• Nicol and Macfarlene-Dick use the definition

of Pintrich and Zucho (2002) for self –

regulation:

“ an active constructive process whereby

learners set goals for their behaviour and

monitor, regulate, and control their cognition,

motivation, and behaviour, guided and

constrained by their goals and the contextual

features of the environment “(p64)

SEVEN PRINCIPLES

Clarifies goals

Reflection

High quality

Dialogue

Self esteem

Close the gap

Shapes Teaching

FEEDBACK IN LSBU LAC

StandardsSelf-

Assessing

Timely & regular

Discourse

Low Stakes

PracticeTailored

SO….

• Style of supervision in the Legal Advice

Clinic leads to not only skilled interviewers

but also to a self – regulated approach to

learning.

CLIENTS – QUALITY &

EFFECTIVENESS

• Intensity of supervision attracts and

reassures clients

• CAB ‘plus’ advice

• High resolution rates

CLIENTS – QUALITY &

EFFECTIVENESS

CLIENTS – QUALITY &

EFFECTIVENESS

Advice received helped me

understand my rights – 99%

I had confidence in

the advice given – 99%

Service rated excellent or good - 97%

I would recommend service to

others – 99%

SUPERVISORS –

QUALIFICATION, EXPERIENCE &

WORKLOAD• 1.2 FTE

• But 6 qualified, experienced practising

lawyers all with extensive SWL experience

in law centres and private practice

• Experienced CAB advisor?

• Combined clinic and traditional teaching

role is vital

INSURANCE, COMPLAINTS &

RISKS

• Professional indemnity insurance added to

University’s existing policy

• Constant supervision minimises complaint,

litigation & reputational risks

LIMITS ON STUDENT NUMBERS?

• 40 students on extended placement – 12 X 3 hour sessions

• Shorter placement would dilute experience significantly

• No economies of scale in our model

• Wide range of student capabilities can be accommodated

LIMITS ON CLIENT NUMBERS,

CASE TYPE & SERVICE?

• Resourcing

• Demand

• Supervision expertise

• Advice only or full casework and

representation service?

ANY ADVICE BETER THAN

NOTHING?

• Self-evidently not

• Can make things worse

PROFESSIONAL CONDUCT

ISSUES

• Always present in the drop-in model

• Opportunity – teaching and learning

• Threat – they get overlooked

THE FUTURE

• Solicitors Qualifying Exam (SQE)

• No more training contract

• 2 years re Pre Qualifying Work Experience

(QWE)

• Work in university clinic counts to PQE

http://www.sra.org.uk/documents/SRA/consu

ltations/sqe-summary-responses.pdf

http://www.sra.org.uk/documents/SRA/consultations/sqe-summary-responses.pdf

Alan Russell

alan.russell@lsbu.ac.uk

Catherine Evans

evansc15@lsbu.ac.uk

mailto:alan.russell@lsbu.ac.ukmailto:evansc15@lsbu.ac.uk