Thursday, October 8, 2009

Article: Globalization of the Law Student Practitioner


My recently published article in one of the Howard law journals describes an innovative idea, namely using law students to help provide legal services to indigent criminal defendants in Sub-Saharan Africa, which would help integrate more practical aspects of legal education in traditionally over-doctrinal African law schools and help close the legal aid gap for criminal defendants.  The article will appear next summer.  I think--especially in South Africa--the idea has much promise, but the article is intended to be of wide applicability throughout common law Africa.

"Globalization of the Law Student Practitioner: Toward a Student Practice Rule for Indigent Criminal Defense in Sub-Saharan Africa," 3 Howard University Human Rights and Globalization Law Review __ (forthcoming summer 2010).

Abstract: Due to resource constraints and a developing legal profession, Sub-Saharan Africa suffers from a legal aid shortage, particularly for indigent criminal representation.  A number of African countries, led by the example of South Africa, have experimented with training non-lawyers to provide some degree of legal services as a means of filling the legal aid gap.  Law school legal clinics are a major provider of legal services throughout common law Africa, but law students are prevented from practicing law without a law license.  In many common law countries, most notably the United States, Canada, and Australia, law students are allowed to provide limited legal services when under the supervision of a lawyer.  Law students are an untapped resource for providing legal aid to indigent criminal defendants and to others who cannot afford a lawyer.  This article will look at the promise and constraints of a student practice rule in common law Sub-Saharan Africa.

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