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Legal professionalism in (clinical) legal education
Tuomas Tiittala, LL.M., Doctoral Candidate University of Helsinki, Faculty of Law
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Professions and professionalism
Premodern and modern professions Moral and/or economic communities 5 attributes of a profession (Greenwood, 1957): Systematic body of theory Professional authority Sanction of the community Code of Ethics Professional culture Elements of professionalism: Knowledge Skills Ethics politics
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Zealous advocate ”When I am at work, I will not take any kind of moral stand on my clients’ cases. As a private person in civilian life I have very strong moral views.” Separation between common and role morality Lawyer as an instrument for the client Welcomes clients with different kinds of positions and interests Rights, procedural rule of law
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Lawyer-activist No separation between common and role morality
Lawyer and client as instruments of a cause Clients selected carefully Causes are often about pursuing social justice meaning equal opportunity and outcome.
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Lawyer-statesman Common and role morality separate but overlapping
Aligning private and public interests (of client, society, lawyer) Welcomes a variety of clients Centrality of prudence in legal and political thought and action
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legal education and law clinics
3–4 apprenticeships in legal education An ”apolitical” law clinic (Babich) Collective mobilisation (Ashar) The ”Plus One” model (Raghunath)
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A nascent law clinic Helsinki Law Clinic 2014–
Fall 2015: an introductory course; spring 2016: opening A generalist approach: migration, discrimination, startups Challenges: convincing faculty, funding, different visions
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The takeaways Professions may be understood as moral and/or economic communities. Professionalism consists of 3–4 components. Ethical and political components central in identifying conceptions of legal professionalism Discussion on professionalism would help students and practitioners form their professional identities.
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