BỘ TƯ PHÁP
TRƯỜNG ĐẠI HỌC LUẬT HÀ NỘI
GROUP ASSIGNMENT
SUBJECT: LEGAL ENGLISH 1
----------*----------
TOPIC:
CLINICAL LEGAL EDUCATION (CLE) PROGRAMS IN
VIETNAM
CLASS: ……4726-N01…….
GROUP: …………10.………….
Hà Nội - 2023
BIÊN BẢN XÁC ĐỊNH MỨC ĐỘ THAM GIA VÀ KẾT QUẢ THAM GIA LÀM BÀI TẬP
NHÓM
Ngày: 17/11/2023 Địa điểm: Trường Đại học Luật Hà Nội
Nhóm: 10 Lớp: 4726 Khóa: 47 Khoa: Ngôn ngữ Anh
Tổng số sinh viên của nhóm: 3
+ Có mặt: 3
+ Vắng mặt: 0
Nội dung: xác định mức độ tham gia và kết quả tham gia làm bài tập nhóm
Tên bài tập: Clinical legal education (cle) programs in vietnam
Môn học: Tiếng anh pháp lý cơ bản 1
Xác định mức độ tham gia và kết quả tham gia của từng sinh viên trong việc thực hiện bài tập
nhóm số 3 Kết quả như sau:
Đánh giá của
SV Đánh giá của GV
SV
STT Mã SV Họ và tên ký
Điểm Điểm GV
A B C tên
(số) (chữ) ký tên
1 472605 Nguyễn Nhật Minh X
2 472608 Dương Thị Hà Giang X
3 472631 Nguyễn Ngọc Ánh Dương X
4
5
6
7
8
9
10
11
12
13
14
15
- Kết quả điểm bài viết:......................... Hà Nội, ngày 17 tháng 11 năm 2023
+ Giáo viên chấm thứ nhất:.................... TRƯỞNG NHÓM
+ Giáo viên chấm thứ hai:.....................
- Kết quả điếm thuyết trình....................
- Giáo viên cho thuyết trình:...................
- Điểm kết luận cuối cùng:...................... Nguyễn Nhật Minh
- Giáo viên đánh giá cuối cùng:..............
CONTENTS
1. THE DEMAND FOR THE REFORM OF THE VIETNAMESE LEGAL
EDUCATION SYSTE..........................................................................................6
II. DEFINITION OF CLE.....................................................................................8
III. BENEFITS OF CLE.....................................................................................9
1. CLE helps address the problem of ‘lack of professional skills’.....................9
2. CLE is a better approach for teaching professional responsibility and legal
ethics.....................................................................................................................10
3. CLE can better prepare students to be ‘justice ready’..................................11
4. CLE helps build up and strengthen students’ ability to think like a lawyer12
5. CLE helps bridge the gaps between legal education and the legal
profession.............................................................................................................13
IV. ADOPTING CLE INTO CURRICULAR OF LEGAL EDUCATION .14
V. CONCLUSION.............................................................................................15
1
CLINICAL LEGAL EDUCATION (CLE) PROGRAMS IN VIETNAM
I. INTRODUCTION
This paper discusses the demand and various possibilities for the reform of
Vietnamese legal education. A particular emphasis will be placed on clinical legal
education (CLE) as a potential option for this reform.
1. THE DEMAND FOR THE REFORM OF THE VIETNAMESE LEGAL
EDUCATION SYSTEM
In Vietnam, legal education plays a significant role in national social-
economic development. Vietnamese legal education, however, is seen as an
ineffective system failing to prepare students to be practice-ready. The
urgent need for reform has consequently been widely recognized by the
national government, relevant agencies, legal scholars, and international
institutions.
The demand for legal education reform is obvious in Vietnam. This can be
seen from three perspectives: the building of a rule-of-law society, the
provision of legally qualified human resources for national social-economic
development, and the need to strengthen the legal profession's capacity.
First, building a society governed by law has been an important priority of
the Vietnamese central government – led by the Vietnamese Communist
Party. A rule-of-law society is seen as a condition for strengthening social
justice and improving democracy. In that process, legal education plays a
significant role in training and providing legally qualified human resources.
Legal education reform, therefore, will increase the likelihood of having
2
more well-qualified lawyers, judges, procurators1, and the like. These people
are important actors in making a rule-of-law society possible in Vietnam.
Additionally, the reform of Vietnamese legal education is required in order
to bridge the ‘gaps’ between legal education and the legal profession. The
disconnection between legal education and the profession is widely
recognized as a long-standing challenge in Vietnam that makes law
graduates not practice-ready2. The reform, therefore, is needed to assist
Vietnam in connecting legal education with practice. This in turn helps
produce generations of highly-qualified law graduates to take on various
positions in the national social- economic development and international
integration.
Further, reforming legal education will potentially help Vietnam produce
generations of lawyers who have not only professional knowledge but also
the ability to think independently, creatively, and critically. Importantly, the
reform will help train Vietnamese lawyers who are ethically and
professionally mature and willing to stand up for social justice. Moreover,
legal education reform may assist Vietnam in producing ‘global lawyers’. In
summary, as is the case of many countries around the world 3, Vietnamese
legal education has failed to efficiently prepare students for the profession.
The demand for reform has consequently been recognized and agreed among
1
To some extent, ‘procurators’ are similar to ‘prosecutors’ in other countries. Vietnam has been using this name
following the experience of the former Soviet Union.
2
Bui, above n 7, 299.
3
See, e.g., Roy Stuckey, et al., ‘Best Practices for Legal Education: A Vision and Roadmap (2007) 1-2; See also
William M. Sullivan, et al., Educating Lawyers: Preparation for The Profession of Law (Carnegie Foundation,
2007), 4.
3
various stakeholders. Vietnam is not unique to this issue as legal education
reform has been an urgent need in many other countries. The next part of the
paper will discuss this issue further.
II. DEFINITION OF CLE
CLE is a process of ‘learning by doing’ where students are given opportunities to
practice law under the supervision of qualified lawyers. Brayne, Duncan, and
Grimes point out:
“Clinical legal education is learning by doing the types of things that lawyers do. It
can take the form of simulated cases, including role-playing, which is an effective
way of getting to understand the subtleties of how the law is actually applied. In its
fullest form clinical legal education enables students to take on real clients’
problems and work with them4”.
As an innovative teaching methodology, CLE has been considered the most
significant legal education reform, since the introduction of the case-law method by
Christopher Columbus Langdell in 1890 5. Evans et al., have identified various
values of CLE in legal education:
“CLE has the potential to: help students reflect on and analyze their experiences;
develop student awareness of law in the context of society; engage students in deep
and active learning, with timely, rich feedback; develop student emotional skills,
values, responsibility, resilience, confidence, self-esteem, self-awareness, and
4
See Hugh Brayne, Nigel Duncan and Richard Grimes, Clinical Legal Education-Active Learning in Your Law
School (Blackstone Press Limited, 1998), xiii.
5
See, e.g., Richard J. Wilson, 'Training for Justice: The Global Reach of Clinical Legal Education' (2004) 22 Penn
State International Law Review 421, 421.
4
humility; move a student towards responsible professional identity; sensitize
students to the importance of all relationships – including with clients, students,
professionals; benefit from student-centered learning, which comes out of flexible
and adaptable approaches; and educate students to become effective, ethical
practitioners6”.
III. BENEFITS OF CLE
1. CLE helps address the problem of ‘lack of professional skills’
CLE can help address the ‘lack of professional skills’ – a major problem of
Vietnamese legal education. In a clinical setting, students learn professional
knowledge and skills by practicing. Successful CLE is often referred to as a
process of ‘learning by doing’, ‘experiential learning 7, or ‘context-based
education8’ where students take a proactive position in the learning process.
Experiential learning is a very effective environment for students to learn
law in context and practice ‘hands-on’ professional skills. In many countries,
CLE programs have been designed as general practices where free legal
service in various areas of law is delivered by students under the same
supervisors. Meanwhile, specialized clinical programs have also been
established in order to help clients with specific legal problems 9 such as
6
See Adrian Evans, et al., Best Practices: Australian Clinical Legal Education, Department of Industry, Innovation,
Science, Research, and Tertiary Education (2012), 5.
7
See, eg, Evans, et al., above n 50, 4 (Identifying that in a clinical setting, experiential learning can take various
forms such as: simulation, externship or in-house clinic).
8
In a clinical setting, three terms ‘learning by doing’, ‘experiential learning’ and ‘context-based education’ can be
used interchangeably. See Sullivan, et al., above n 15.
9
See, e.g., Jeff M. Giddings, 'Influential Factors in the Sustainability of Clinical Legal Education Programs' Griffith
University, (2010), 92-96.
5
children's rights protection, employment law, family law, human rights
protection, immigration, and labor law.
Further, CLE in many law schools has gone beyond the traditional law-
student-alone approach and moved to multidisciplinary clinics where
students from different disciplines work together to help the same clients 10.
This new CLE model has proven to be an effective teaching methodology as
students and supervisors from different disciplines begin learning from each
other11.
For those becoming practicing lawyers, the skills and knowledge taught by
CLE will assist them in comprehending professional work quickly and
effectively. In Vietnam, a growing number of students are starting their legal
education without the intention of practicing law.
2. CLE is a better approach for teaching professional responsibility and
legal ethics
CLE can be a promising solution to address the challenge of professional
responsibility and legal ethics training in Vietnamese legal education. It is
widely agreed that the clinical approach is the best environment to teach
professional responsibility and legal ethics12.
10
A good example of this model is the Multidisciplinary Clinic at Monash-Oakleigh Legal Service in Australia
where students from Law, Finance and Social Work come to work together in the same clinic on the same cases
and clients. See, e.g., Ross Hyams, 'Multidisciplinary Clinical Legal Education: The Future of The Profession'
(2012) 37(2) Alternative Law Journal 103, 103- 105; Ross Hyams, Grace Brown and Richard Foster, 'The Benefits
of Multidisciplinary Learning in Clinical Practice for Law, Finance, and Social Work Students: An Australian
Experience' (2013) 33 Journal of Teaching in Social Work 159, 165-168.
11
See, e.g., Ross Hyams and Denise Sadique, 'The Value of Incidental Learning in a Multidisciplinary Setting'
(2014) 20 International Journal of Clinical Legal Education 439, 444-456.
6
In a clinical setting, students not only learn about relevant principles of legal
ethics but more importantly, they practice acting ethically under close
supervision of practicing lawyers. The externship model 13, for example,
often places students at private law firms, under the supervision of qualified
practicing lawyers, to work directly with clients. In their daily interactions
with clients, students have to learn how to deal with various real issues of
legal ethics and responsibility such as confidentiality (including client
privilege), conflict of interest, undertakings, and the duty not to mislead the
court.
However, a better educational result in teaching legal ethics and professional
responsibility can be achieved through a live client in-house clinic 14.
Designed as a small law firm but not charging a fee for legal services, an in-
house clinic provides students with opportunities to work on real cases and
with real clients. When acting on their client’s behalf, clinical students have
to address similar issues of legal ethics and professional responsibility as
those faced by a qualified lawyer in a private law firm.
3. CLE can better prepare students to be ‘justice ready’
12
See, e.g., Christine Mary Venter, 'Encouraging Professional Responsibility - An Alternative Approach To Teach
Legal Ethics' (1995) 58 Law and Contemporary Problems 287, 290-293; James E. Moliterno, 'On the Future of
Integration Between Skills and Ethics Teaching: Clinical Legal Education in the Year 2010' (1996) 46 Journal of
Legal Education 67.
13
See Evans, et al., above n 50, 9; See also Elliott S. Milstein, 'Clinical Legal Education in the United States: In-
house Live Client Clinics, Externships, and Simulations' (2001) 51 Journal of Legal Education 375, 376.
14
See Evans et al., above n 50, 9; see also Stacy Caplow, 'Clinical Legal Education in Hong Kong: A Time to Move
Forward' (2006) 36 Hong Kong Law Journal 229, 233-235.
7
CLE is an effective means to strengthen law students’ ‘social justice’
awareness. When clinical students represent clients in legal matters, they are
exposed to poor people, injustice, and other socially inequitable matters.
CLE is an effective means to strengthen law students’ ‘social justice’
awareness. When clinical students represent clients in legal matters, they are
exposed to poor people, injustice, and other socially inequitable matters. This
exposure helps law students realize that there are injustice and inequitable
problems in society. With time, it will build students’ sense of social
responsibility and creates a desire to help people in difficult situations. In
other words, CLE can potentially assist in strengthening law graduates’
awareness of social justice and pro bono responsibility. Social justice
education can be well achieved through various clinical models such as in-
house clinics, simulations, externships or street law. It is believed, however,
that a real client in-house clinic may be the best vehicle to teach students
social justice.
Quite often, in-house clinic students are working under the close supervision
of law teachers who are qualified lawyers to help under-served clients.
Without this invaluable assistance, in many cases, social justice cannot be
addressed.
4. CLE helps build up and strengthen students’ ability to think like a lawyer
In legal education, training students to ‘think like a lawyer’ is an important
mission15. To some extent, ‘think like a lawyer’ is the ability to think
15
See, e.g., Anthony G. Amsterdam, 'Clinical Legal Education - A 21st Century Perspective' (1984) 34 Journal of
Legal Education 612, 612.
8
independently, creatively, and critically. Nowadays, in order to cope with the
complexity of legal problems and be successful, it is obvious and crucial that
lawyers are required to have not only a broad base of knowledge but also
good thinking ability. This capacity can be built and sharpened in an
experiential learning environment such as CLE.
As an integral part of CLE, reflection is the key factor that helps strengthen
students’ thinking ability. In a clinical setting, students are not only given
opportunities to learn professional knowledge and skills but also required to
reflect on their experience. With time, the reflection process will help
students study better and mature professionally and ethically.
5. CLE helps bridge the gaps between legal education and the legal
profession
By filling the gap between law curricula and the legal profession 16, CLE is
seen as a potential option for legal education reform in Vietnam. The
disconnection between legal education and the legal profession has been
identified as a major limitation of the Vietnamese system. Since CLE is
believed to be the best way to study law in context 17, it will potentially help
Vietnamese law schools to effectively address this challenge. As Evans et
al., maintained, a clinical program involving really legal and client work
will: “teach students to think critically about law, rules and practice from a
variety of perspectives and theoretical understandings of law18”.
16
See, e.g., Nisreen Mahasneh and Kimberly Thomas, 'Learning from the Unique and Common Challenges:
Clinical Legal Education in Jordan' (2012) 5 Berkeley Journal of Middle Eastern and Islamic Law 1, 11-17.
17
Brayne, Duncan and Grimes, above n 48, 1.
18
Ibid, 15.
9
In a clinical setting, students are in a proactive position to study law. Brayne,
Duncan, and Grimes have pointed out: “Clinical legal education requires
students to take an active part in the learning process. They assume a degree
of control over their own education and they see the law in its real-life
context19”. Since there is always a ‘gap’ between the law and practice,
learning the law in practice is the most effective way of studying law. CLE,
by linking 'black letter' law with real-life situations, will provide students
with
a context for a deeper understanding and application of legal knowledge 20.
Students not only improve their understanding of the law and its application
but also get exposed to whether the laws are adequate for solving social
problems. In other words, by juxtaposing what the students learn in the
academy versus how such learning gets applied in practice 21, CLE thus
bridges the gap between legal education and the legal profession.
In summary, there are concrete reasons to believe that CLE will help address
various challenges facing Vietnamese legal education. The fact that more
and more law schools around the world are moving toward a clinical
approach has proven that CLE is an appropriate option for legal education
reform. In the global clinical movement these days, Vietnam is not and
should not be an exception in this common trend.
IV. ADOPTING CLE INTO CURRICULAR OF LEGAL EDUCATION
19
Brayne, Duncan and Grimes, above n 48, 1.
20
Hyams, above n 77, 25.
21
See, e.g., Redlich Allen, 'Perceptions of a Clinical Program' (1971) 44 Southern California law Review 574.
10
As an innovative methodology for teaching law, CLE has been employed to reform
legal education in many countries 22. CLE has recently been introduced into
Vietnam by some international organizations to address various challenges facing
legal education. In its early stage of development, CLE has received different
reactions from Vietnamese legal education stakeholders. Many people have
realized the potential of CLE and consequently supported the incorporation of
clinical programs into law curricula. Some express resistance for various reasons,
including costs and other regulatory barriers to running and maintaining a clinical
program. Other opinions remain neutral.
It is the author’s position in this paper that CLE is the most promising and effective
reform that Vietnam should consider. The next part will examine this issue further
by explaining the reason why CLE is desired to reform Vietnamese legal education.
V. CONCLUSION
As CLE has developed and gone global, there are reasons to believe that it will be
the future of Vietnamese legal education. However, given the differences in
political, legal, and social systems between Vietnam and other countries, various
issues need to be further examined for CLE to be successfully adopted and
developed in Vietnam. This paper, therefore, aims to establish a foundation for
future research and discussion on legal education reform and the adoption of CLE
in Vietnam.
22
See, e.g., Frank S. Bloch, The Global Clinical Legal Education Movement: Educating Lawyers for Social Justice
(Oxford University, 2011) (Identifying various countries around the globe have been using CLE as a means to
reform legal education system. Beside the United States, Australia, Canada, South Africa, and UK recognized as
pioneers in the CLE global movement, many other countries in Latin America, Central and Eastern Europe,
Southeast Asia, Japan, China, and India are in the process of CLE adoption); See also, Shuvro Prosun Sarker, Legal
Education in Asia (Eleven International Publishing, 2014) (Identifying that some Asian jurisdictions have adopted
CLE as an option for reforming their legal education systems including Thailand, China and Hong Kong).
11
