NCJ Number
59869
Date Published
1979
Length
38 pages
Annotation
THE PSYCHODYNAMICS OF THE CLINICAL TEACHING METHODS USED BY LAW SCHOOLS ARE EXAMINED FROM A CLINICIAN'S PERSPECTIVE, AND METHODS ARE PRESENTED FOR DEALING WITH THE STRESS OF LAWYERS' PROFESSIONAL WORK.
Abstract
NOTHING IN A LAWYER'S LIFE HAS MORE INTELLECTUAL CONTENT OR COMPLEXITY THAN THE SUBSTANCE OF PROFESSIONAL RELATIONSHIPS. TO TEACH LAW STUDENTS HOW TO LIVE THAT KIND OF BEHAVIOR COMMENSURATE WITH THEIR ROLES AS LAWYERS, LAW SCHOOLS MUST BRING DIRECT CLINICAL EXPERIENCE INTO THEIR CURRICULA OR RUN THE RISK OF GRADUATING STUDENTS WHO WOULD CONTINUE TO ENCOUNTER PSYCHOLOGICAL RISKS IN PROFESSIONAL PRACTICE. IMPORTANT LESSONS OF PROFESSIONAL BEHAVIOR CAN STILL BE TAUGHT TO PERSONS PAST THE AGE OF 20 BY USING THE INFLUENCE OF SIGNIFICANT RELATIONSHIPS, SOCIAL EMULATION, AND ROLE MODELING. IT THUS BORDERS ON IRRESPONSIBILITY TO LEAVE THE PROFESSIONALIZATION PROCESS TO THE RANDOM EXPERIENCES OF POST-LAW SCHOOL ENCOUNTERS. THE TEACHING OF ETHICAL CODES SHOULD ONLY SERVE AS THE STARTING PLACE FOR ADDITIONAL DISCUSSION OF PROFESSIONAL BEHAVIOR. IT IS ONLY THROUGH THE DEVELOPMENT OF A PSYCHOLOGICAL CAPACITY TO DEAL WITH CONFLICTS OPENLY AND COGNITIVELY THAT A PERSON CAN ELECT TO BEHAVE WITH PROFESSIONAL PROPRIETY. A PSYCHOLOGICAL TAXONOMY OF LAWYER CONFLICTS INCLUDES PROBLEMS OF CONSCIENCE SUCH AS THE DEFENSE OF THE 'GUILTY' CLIENT AND THE USE OF CASES FOR PERSONAL AGGRANDIZEMENT. TEACHING TECHNIQUES AND ISSUES FOR CLINICAL EDUCATION INCLUDE INTERVIEW-PROCESS TRAINING AND THE MANAGEMENT OF INACCURACIES THAT ARE NOT CONSIDERED LIES. THE EFFECTIVENESS OF CLINICAL EXPERIENCE IS DISCUSSED. FOOTNOTES ARE PROVIDED. (TWK)