article is written by, Presha Naik, a student, from SNDT Law College, Mumbai.
The further article is about the ‘Clinical Legal studies’ of what exactly is
clinical legal education is and what are all the processes which should be
followed under this. The clinical counselling and various types of counselling
that comes under the clinical legal studies. And how this legal counselling is
differentiated from the other psychological counselling.
clinical legal education is basically for lawyers for developing new
perceptions, attitudes, skills, and aspects of the legal fields which will be
more than the actual law curriculum. The law students after completing their
studies the practice of the law profession can be defined as the clinical legal
education. The term “clinical” itself means directing or observing the person
who has been diagnosed by some type of serious condition. It is not always
referred to as the ‘medical’ term but is also termed as for in legal
profession. The clinical legal education sets a wider goal for the lawyers in
their profession for not only in litigation it helps but mostly it helps in
understanding their client’s perspective and their thinking. This is often more
correlated in the ‘psychological terms’ also where in psychology the client or
the person who is diagnosed with some serious or moderate kind of mental or
traumatized conditions is hereby counselled by the counsellor who offers some
appropriate psychotherapies to them ‘the clients’. Similarly, in the legal terms
the client who has some issues regarding the problems in business, personal
life, or any such problems which needs to be resolved through legal remedies
comes to the advocate for getting them out of it.
advocate, hereby, at initial stages tries to understand the problem of the
client regarding the case and then set into legal framework and then the
advocates speak up about the strategies regarding the case as the next step to
the client. Clinical legal education over here helps the lawyer to understand
the point of views of the client and the issues regarding the case. It plays a
very important role the clinical legal studies in the profession of law
about the clinical legal education it is very important to take a look at the
main key role of the clinical legal profession which not only helps to
strengthen the relationship between clients or lawyers or with other people but
also help maintain a good rapport that is “communication”.
the term ‘communication’ has been derived from the Greek term ‘communicare’ .
which means to share or to comment. In simple English it can be defined as the
means of information or sharing of ideas from one person to another person
effectively and efficiently.
is always associated with ideas, obviously, because sharing of ideas and
speaking up comments or sharing of information from one person to another is
very important. It is more than an art rather than a science because there is
no certain or particular format which is important for communication as seeing
it from a scientific perspective but rather it can be called as an art because
skills and effective type of communication is what really is important and necessary.
language also doesn’t make a difference over here sharing information in an
effective manner and the other person you are speaking up to understands it
effectively is what a successful communication is said to be. Talking about
expressing your ideas and communicating it with the other person understanding
it is called a good communication.
are carefully spoken and framed in a good manner and also effectively
communicated is what is called as the most powerful source of communication.
People who have good communication skills are often seen as the person with
various goals to be achieved and because of their good and powerful
communication more other people are seen to be inclined in with their work to
help them achieve their targeted goals. They can easily establish their business
and their work can also be seen to be accomplishing all the achievements with
the help of the other people in their work.
communication is where the advocate and the client discuss about the case and
what next step or strategy can be more effective in the court regarding the
case. This means that in legal profession communication skills are very much
essential and thereafter it plays a very crucial role in communication with the
about communication there are various kinds of benefits to it and they are-
to build a good rapport and strengthens the relationship with clients.
misunderstanding and also help minimizes the conflicts.
the three most important resources that is the time, money ,energy.
to some intended results which are to be achieved.
to appropriate feedbacks to be received and shared.
mixed signals can be received until there are no sort of barriers to it.
communication which have benefits also has some disadvantages to it and they
mixed signals due to barriers.
the risks of conflicts and misunderstandings.
off the relationships between people.
and physical traumas which will be caused due to misinterpretation of information
to the person psychologically resulting the abovesaid problems.
of the three resources time, money, energy.
has been further categorized as formal and informal communication-
1. Formal Communication: In the formal
type of communication the source or the medium through which the information is
been shared or transferred is from a particular and trustworthy source and
through any kind of airy sources. The formal communication is always having
some true facts and issues based on the communication which travels. The source
is always trustable in other words it has a form according to which it travels.
In the formal type of communication, the source of information in
travels from one higher authority of a person to their juniors or lower
For example, it is generally been seen in the firms and corporate fields
where a certain information travels from the most senior to their junior staffs
and then to the other junior, the other staffs in the firm. The source over here
through which the information travels is trustworthy because it itself has a
true source that is the senior in the firm or any business organization. It can
be in oral form or written form also.
2. Informal Communication: In the
informal type of communication the source or the medium through which the
information is been transferred is not true also the information from which it
has come through is itself not true, you can say that, it has a ‘airy source’
where the source of information is itself not true there is no truth or no
evidence or no support basically to that information which proves itself to be
true. It is also called as the ‘grapevine communication’.
For example, there some people in an office who are transferring some
sort of information which does not have a proper relevance to it or no proper
basis to that information but it is been transferred only for the sake of
gossiping or some sort of entertainment which in its true sense is thereafter
defined as the ‘grapevine communication’.
certain problems which occurs during communication which later on causes
misunderstandings between people and thus further on leads to misinterpret the
information which will result in fights and conflicts between people.
barriers which take place while communicating can be as further-
barriers while communicating online through a meeting so it can be network
an active listener
good communication skills
in communication styles
of trust on your own team member or sometimes lack of trust in yourself
which were continuously taking place in the workplace
matching of ideas
barriers such as disinterest in one’s speaking up
lack of interest, attention, etc.
in one’s information
correlation of any information which is been transmitted
hate or ignorance of a team member while questioning
some of the barriers which can take place in a communication or while people
are communicating this leads to conflicts, wastage of time, money and energy
sometimes and thereafter misleads you and your information in further which
causes traumas, conflicts etc. causing trouble psychologically and physically
also by fighting and arguing most of the times.
different kinds of communication and they are-
1. Verbal Communication- In verbal type
of communication the word itself speaks up that the communication takes place
verbally. So, over here there is a certain criterion that takes place which is
the sender first send the information through a proper channel which then is
received by the receiver through that channel and the receiver then reads the
information interprets and understands it and then the receiver accordingly
gives the feedback proper feedback to the sender through the proper channel and
then the sender receives the feedback. This type of communication is either
spoken or in written form.
The criteria are that the person who sends the message gets that
feedback only when the receiver receives the message by the sender through a
proper medium/channel and then understands it and then gives appropriate
feedback to the sender. The receiver only gives the feedback when he decodes
the message which been sent and thus over here a proper channel/medium is quite
necessary and also information which is been sent is necessary.
Hence, a communication where transferring of information or ideas have
been taken place.
2. Non-verbal Communication- In this
type of communication it takes place non verbally with not any kind of verbal
communication in it. The non-verbal communication means the communication takes
place without any spoken or written words but rather it takes place through the
kind of postures, hand-signs, body language, eye contact, facial expressions, paralinguistics
such as tone of voice pitch of voice, low tone high tone, gestures etc. can be
included in the non-verbal type of communication. When talking about
communication for example, in a meeting someone explaining something in the
meeting can be important but the way they are explaining the matter in the
meeting like their body language, gestures they are doing or tone of voice etc.
gets adding up while a person is speaking which indicates all as the non-verbal
type of communication. Even a sudden change in the tone of their voice or
language or facial expressions also affects the communication.
3. Written Communication- In this type
of communication the person writing the messages writes it like there is no
digital source or any other digital medium of transmission of an information.
This includes writing a message, texting a message, textual messages which are
either done digitally in writing or writing letters by hand there is no way
partially doing this type of communication.
4. Digital Communication- this involves
a medium which is where people can communicate with each other without seeing
them in real as in seeing them through a screen that is digitally. There are
also some kinds of barriers which may occur while choosing this type of
communication. But the communication digitally takes place via internet where
there are various apps to get link through and get connected with the meetings
and calls. There are various sources through which you can get connected with
people that is via the mobile phones, tabs, laptops, computers, etc. visual
kinds of communication are also getting very popular in day-to-day life of the
The key which leads to an effective
communication is always a proper information, a proper medium/channel through
which it is suppose to travel, and the decoding of the message by the receiver
and proper feedback of it accordingly is what is an important or key role in a
TO A PROPER COMMUNICATION
whether it is of any kinds transfers from one person to another person through
a source but that information has various directions to be transmitted. It can
be upward, downwards, side to side, etc. or from sender to a receiver.
what are the directions through which the communications get transferred:
1. Press Release- It is an important
term in communication as a source. Press release is an external and formal type
of communication. This type of communication is often done for a communication
between people or the citizens of the country and the government authorities.
It is mostly seen as a transferring of the information from any governmental
authority to the citizens or the people of the country. And the source through
which such information travels in between is the media or the news press which
acts as a medium and thereafter can be seen as the source of information
travelling. There is also format while releasing any such information in the
media and this criterion should be followed by each and every person whoever is
about to release the information in the press.
firstly, should be particular and short written in a proper format. The person
or the authority who is releasing the news or the information in the press
should not leave it incomplete but rather should cover all the points which are
to be written including all the answers of the questions in general which can
be asked by the people.
Press release may be
done by not only any government authorities but by any big industries or
companies, organizations, or also by an individual.
2. Public Notice- The public notice is
a kind of notice which is given to the citizens of the country at large
regarding any important information which takes place nationally and
internationally. There are some people who are very interested to get to know
about governmental activities in and out that is in the country as well as
outside the country also. Not only for them but the people who are the citizens
of the country who have the right to get to know about the activities of the
government or any such issues prevailing in the country where government is
taking appropriate steps or any financial or emergencies out of which it is the
right of the citizens to get to know is where the government releases a public
notice. A notice to inform the people or citizens at large regarding any issues
in the country. For this there is also a particular format regarding the
minimum extent of the news percent, logo, headline etc. this is not only used
by the government but also is notified by any industry or companies to their
employees or by a school to their students or staffs etc. also can use public
notice as a source of communication.
3. Goodwill Message- This can also be a
source of communication where the message is for congratulating someone or a
letter of praising someone or also a thanking letter, the goodwill messages are
particularly the messages which are important in the profession as well as in
the business world, where congratulating, thanking, or praising someone through
a letter can build a good relationship and rapport of the companies. Goodwill
messages shows the genuine kindness to someone. Letters in the business world
an in the profession as well are not always in of the negative feedbacks or any
kind of negativity or complain but rather there are some letters to show
genuine kindness and humanity to someone which does not involve any kind of
negativity or hatred or not any favors to the other person.
While writing the goodwill message it the lookout of the person who is
writing it should write it in short should not be all of himself and should be
of a clear content. Should be specific and particular. It should have a kind and
genuine or a goodwill tone basically.
4. Follow-up Letter- It is one of the
types of external communication. It a continuation of the letter while
referring to the letter in the past. The follow-up letter basically
consolidates between you and the other person who is the recipient and to set
the platform for continuing the communication between them. The letter where if
there is any status or application or a decision after an interview has
occurred. Period of writing these letters is within three days. It can be seen
in writing these letters in companies, organization’s, firms, etc. either by
regarding the previous meeting or following up a job application or also in an
order of confirmation, etc. basically, this letter is written by most of the
job applicants for thanking of the firm for their selection. The tone while you
are writing this letter should be genuine, kind and impressive with a courteous
tone to the company. In law profession, the follow up letter is also given to
the client for further steps to be taken in the case via emails, letters also.
5. Call Letter- This type of letter is
the external type of communication which is usually either written, printed in
cards or else send through an email. These letters are used in formal
communication. For instance, call letter for an invitation to attendant
interview or exams, which also contains the detailed information about the
clients, including the time, date and a proper venue of the meeting or
interview which is to be held. It is usually seen in the day-to-day activity of
some organizations and companies and firms whether for their clients or for job
applicants, it also offers a guarantee for the job if only the call letter
which is given to the candidate who has been selected for after the job interview
as an employee of the company.
legal education the study further has a very important topic which plays a very
important role in the profession of law also which helps in lot while
litigating in the court and help to build a next proper strategy to the client
as the next step which is to be taken in the court further which will cause a
great impact and would affect the other strategies of the opposition which is
‘planning and strategy’.
Let us see
further into what exactly is the meaning and on how it will impact on others.
1. For a lawyer it is very important to
learn the technique of planning and strategy which will not only help the
lawyer himself in the court of law but rather the client will also get to know
about the legal planning and strategies which will be taken as the next step in
2. In earlier times the opportunities
of case-planning, case-methods, and functions of a lawyer were often missed,
but, nowadays due to the subjects like the clinical legal education it help the
students to learn more about the steps for planning and strategies and how it
works in different aspects.
3. The most important thing in planning
and strategy is that they are the rich subjects in studying and also on the
contrary are the most critical and comprehensive ways to learn also.
4. Looking, at the traditional method
of learning in the school of law, it was all about studying the case-planning,
case-methods and litigation which were very to be addressed for.
5. But, as of now, the clinical legal
education which is added in the curriculum not just focuses on the litigation
but also on the planning and strategies which is to be taken and which also a
very integral part of advocacy.
6. It also develops within a student
about the planning towards litigation and how legal points are to be proven as
the next step in the court.
7. For an efficient planning and
strategy regarding the case it is very important to have conversations with
your client regarding the case it plays a vital role as because negotiating
will help resolve the cases and settlement of it also litigation will be
effective in the court with the help of effective planning and strategy.
helps in the effective litigation in the court whereas on the contrary
interviewing and counselling also plays an important role in the planning and
strategy process because without that the planning and strategies are of no
1. Interviewing and Counselling- In the
interviewing and counselling of the client it is very important to learn about
the real problems of the clients.
2. The Bar Council of India does not
allow the students to practice their planning and strategic skills so
thereafter it is the lookout of the college to teach their students about
finding out the real problems of the clients and also to work according to the
clients-interest as in it is the client who is the main objective over here so
any legal step taken by the lawyer should be in the interest of the client and
also should be according to the legal perspective.
3. In interviewing between the client and
lawyer it very much efficient that the lawyer should focus on the real problems
and the issues in the case which caused the problem.
4. In practically, there are colleges
which now teach their students to focus on the real problems of the client and
then help them get a legal remedy accordingly.
5. Lok-Adalat’s, legal services
clinics, legal aids and services, etc. which are necessary for all the law
students out there to learn something and apply their law school subjects here
all the legal principles accordingly like in practical.
6. The gathering of facts which is also
very important where there are many aspects as in to do so.
7. There are these three methods
initial client interviewing, subsequent client interviewing, interviewing of
the witnessing or the witness.
8. So, the two of the stages where the
interview takes place are the-
9. In the claim identification the
function is broad from the clients own general impressions on the problems that
he/she has suffered which will of course cause some issues and that why they
had filed a case. The lawyer over here needs to understand the real problem of
the client and I terms try to clarify
the issues as per the knowledge and understanding of the client.
10. In here, it also the duty of the
lawyer to know about the extent of knowledge in terms of law the client has.
11. In subsequent interviewing of the
client although the client can continue to take on the initial interview
process that is the claim identification process for identify the claims in the
case because this process focuses on the or emphasis on the claim assessment.
last one which is ‘client interviewing witnessing’ is where the client
is interviewed not that very much in detail, it is a simple way done with a
particular witnessing purpose only.
interviewing processes the listening and building a trust and rapport with your
clients are very important also. So, talking about the listening part,
listening is of two types that is the active and passive listening.
1. Active listening in during the
interview is very important because in over here whatever the client had said
to their lawyer regarding the case will be then again discussed with the client
by the lawyer as to the lawyer should himself will get to know that he is on
the same page as his client. The lawyer will say again the issues basically he
will just give the reflection of what he understood what the client said. This
will be like a revision of the client regarding the case and thus it will help
the lawyer on the other hand to understand the exact case.
2. Passive listening is where the
client is allowed to speak about everything from the very start of the case
till the end of the case including the issues all the facts according to hi
what caused the actual problem the background history of the case etc. during
the client is speaking the lawyer does not talk or interrupts in between the
interview of the client. The lawyer only speaks when during asking the
questions to the client.
about the interviewing of the clients and its various processes it is also very
important to understand the difference between legal-counselling and
1. Legal counselling- The legal
counselling is where the lawyer at the very initial meeting with the client
listens to him first and only asks the questions like ‘what happened next’
regarding to the case and then counsel the client accordingly as t per the case
maybe. In the legal counselling the client is expected to pay the fees
accordingly in general the lawyers take the consultation fee, then the client
accordingly asks for the alternatives which cane be taken as a legal step
forward in the case so for that the lawyers may also charge the ‘offering an
alternative’ fees and then there comes the litigation fees. They give the legal
remedies to their clients.
2. General counselling on the other
hand is where the counsellor consults their clients but does not advise them
because advising will be that the client will not take their own initiative to
come to a point of conclusion or to resolve their issues all by themselves. So,
there are various types of counsellors as such in the general counselling that
is the marriage counsellors, institutional counsellors, divorce counsellors,
family counsellors and other counsellors who deals with any kind of emotional
traumas or any sort of mental disturbances such as depression or any such thing
the client is thus suffering from. So, over here the psychotherapists offer
some of the therapeutic techniques to their clients to get their clients out of
the issues that they are facing, whereas traumas which are mild or small or the
condition of the mental disturbances or traumas or any difficulty between the
relationships of people or any such things which are not those big issues, the
client only goes under the ‘problem solving stage’ where only consultation is
been given as a remedy to the client. The fees are taken in the general
counselling, but, not in the institutional counselling where the counsellors in
the institutions like, schools, junior colleges, is where the counsellors are
only there to solve the issues of the students like issues between the
students, ragging issues which affects the mental condition of the other
student, subjects or difficulty between the students regarding studies etc. are
the matters which the institutional counsellors deals with where no fees are
taken from the institutions and neither from the students also.