Faculty of Law and Management
School of Law
Public Interest Law Practice
LAW2PLP
Subject Learning Guide
&
Student Placement Manual
©
Semester 1, 2011
Bundoora
Mary Anne Noone
m.noone@latrobe.edu.au
1.0 Subject information at a glance
Academic staff:
Mary Anne Noone
Room MB 249
Associate Professor
Telephone: 9479 2195
Office hours: Tuesday 10.00 – 12.00 or by
appointment
Email: m.noone@latrobe.edu.au
Enrolment
requirements:
Enrolment in LLB or
otherwise with the
permission of
coordinator.
Assumed entry skills and knowledge:
It is assumed that students have the skills and
knowledge obtained from successful completion of first
year units (currently LAW1CRM; LAW1LIM; LAW1DR
and LAW1 PPL.) It is assumed students possess basic
legal reasoning, analytical and research skills, have
some skills in problem solving and legislative
interpretation
Delivery mode and location:
SEMINAR:
Tuesday
3-5 pm
Venue: HU2 403
SUPERVISION SESSION:
To be advised- one hour per fortnight on Tuesday
PLACEMENT:
One day per week at host organisation
Assessments:
Six Reflective Journals (300 words
each)
30 %
18 March, 1 April, 15 April,
6 May, 20 May and 3 June
Take Home Exam (2000 words)
30 %
Due 3 June
Placement
30 %
Throughout semester
Attendance and Class Participation in
seminars and supervision sessions
10 %
Essential text:
There is no specific text for this unit. Instead, there is a range of readings for each
seminar as listed in the resources section below. These materials will be placed on LMS
and e-reserve in the library.
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Faculty of Law and Management, La Trobe University
Welcome
Welcome to Public Interest Law Practice.
This is an elective law subject within the School of Law’s Clinical Legal Education program. It offers you
the opportunity to experience law in practice outside the conventional ‘individual private client’ model.
You will be placed in one of a variety of not-for-profit, public interest or government agencies. The focus
of the legal work differs from agency to agency but may include policy and project work, law reform,
advice to government, litigation, campaign work, client telephone advice and representation.
Your experience on placement is complemented by your work in seminars on campus. In these and in
your supervision sessions with the subject coordinator you have the opportunity to reflect on your
practical work.
What is Clinical Legal Education?
Clinical legal education is a legal practice-based method of legal education. Clinical legal education
aims to enhance students’ learning of law by exposing them to the realities of the law in practice.
Students are guided to use their experiences to analyse the legal principles they learn in the classroom
and reflect on the values and dynamics of the legal system. They are encouraged to assess the
effectiveness or otherwise both of the legal remedies available to clients and of the legal system in
which they operate. In a clinical environment, students also have the opportunity to confront the
meaning of professional responsibility and ethical practice.
Service to people who do not have the resources to access the legal system has been a longstanding
characteristic of clinical legal education programs in Australia and overseas, and this intertwining of
service and education is a continuing feature of the programs developed at La Trobe.
Working in the law can be exciting, frustrating, depressing and immensely satisfying. Students in a
clinical programme have the support of their classmates and their supervisor in confronting and
evaluating these experiences. For those students who decide not to practise law in the conventional
model, the experience can provide insights into other career opportunities.
Aim of Public Interest Law Practice
The aim of this subject is to give students the opportunity to experience law in practice (not necessarily
'legal practice' as conventionally defined) and to reflect critically on the work and obligations of lawyers,
the operation of the legal system and the way in which law is practised in the public arena and/or in the
public interest.
A critical aspect of clinical legal education is reflective practice. In this subject, through the process of
writing journals, students develop the skill of reflective learning in relation to their experiences on
placement.
Obviously you will also learn many practical legal and related skills during your placement. However, the
acquisition of technical skills is not the primary aim of the placement.
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Faculty of Law and Management, La Trobe University
To achieve these aims I have the enthusiastic collaboration of the following organisations in 2011.
 Federation of Community Legal Centres (Vic)
 Consumer Law Action Centre
 Public Interest Law Clearing House (Vic)
 Environment Defenders Office
 JobWatch Inc
 Victoria Legal Aid
 Arnold Bloch Liebler, Lawyers
 Darebin Community Legal Centre
 Maurice Blackburn
 Flemington & Kensington Community Legal Centre
I am looking forward to getting to know you and working with you in further developing your academic,
communication and reflection skills and enhancing your understanding of public interest law practice.
This Subject Guide and Student Manual contains important information about Public Interest Law
Practice and the supervision process as well as relevant University policies and practices. I suggest that
you read it carefully and refer to it often during the semester.
Mary Anne Noone
Coordinator
2.0
Subject description
In this subject students experience public interest law in practice and reflect critically on the work and
obligations of lawyers and the operation of the legal system. Students spend 12 days at the placement
site (normally one day a week), have a designated site supervisor and have regular meetings with an
academic supervisor on campus. In the seminars the scope, practice and ethical aspects of public
interest lawyering is explored. In the supervised tutorials students reflect on, compare and contrast their
placement experiences.
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Faculty of Law and Management, La Trobe University
3.0
Learning and assessment
3.1 Learning objectives
On completion of this subject, students should be able to:
1. Practise a reflective approach to learning
2. Explain and evaluate the concept, techniques and practice of public interest law and its place
within legal practice options
3. Explain and analyse the professional and ethical responsibilities of a legal practitioner in public
interest law practice
4. Apply good written and oral communication skills in a legal environment.
5. Apply legal research skills in a legal environment.
3.2 Assessing the learning objectives
Learning objective 1:
To practise a reflective approach to learning.
Student learning outcomes
Assessments
1. Describe and discuss student experience on
placement.
Reflective Journal & Participation in
supervision sessions
2. Analyse and reflect on the student experience.
Reflective Journal & Participation in
supervision sessions
3. Relate the past student experience to future
conduct and identify how you might respond
differently.
Reflective Journal & Participation in
supervision sessions
Learning objective 2:
To explain and evaluate the concept, techniques and practice of public interest law and its place
within legal practice options
Student learning outcomes
1.
2.
3.
4.
Assessments
Summarise, critique and discuss readings relating Class participation in seminars and
supervision sessions and take home
to definition of public interest law practice.
exam
Class Participation in seminars and
Summarise, critique and discuss readings and
experience from placement organisations about supervision sessions and take home
exam
sites of public interest law practice
Discuss whether public interest law practice differs Class Participation in seminars and
supervision sessions and take home
from traditional legal practice
exam
2,000 word take home exam
Research and present a written appraisal of a
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Faculty of Law and Management, La Trobe University
given topic addressing the theoretical, practical
and ethical dimensions of public interest law
practice.
Learning objective 3:
To explain and analyse the professional and ethical responsibilities of a legal practitioner in public
interest law practice
Student learning outcomes
Assessments
1. Identify the legal professional responsibilities of a public
interest law practitioner.
Participation in Seminars and
Supervision Sessions and reflective
journals
2. Identify and discuss a range of ethical issues in public
interest law practice
Participation in Seminars and
Supervision Sessions and reflective
journals
3. Perform and conduct yourself in an appropriate
professional manner while on placement in a legal
practice or legal policy/research environment.
Placement assessment
Learning objective 4:
To apply good written and oral communication skills in a legal environment.
Student learning outcomes
Assessments
1. Use clear communication in written work (eg letters; policy
submissions; research memoranda; memoranda to Counsel
and similar) while on placement in a legal practice or policy
research environment.
Placement assessment
2. Use clear oral communication with relevant personnel while
on placement.
Placement assessment
3. Display clear written skills
Reflective journals and take
home exam
4. Display clear oral communication skills
Participation in Seminars and
Supervision Sessions
Learning objective 5:
To apply legal research skills in a legal environment.
Student learning outcomes
Assessments
1. Use research skills while on placement in a legal practice or Placement assessment
policy research environment.
2. Demonstrate ability to identify legal and non-legal issues
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Faculty of Law and Management, La Trobe University
Placement assessment
3.3 Assessment tasks
Assessment Task
Percentage of Due Date
Marks
Six Reflective Journals (300
words each)
30 %
18 March, 1 April, 15
April, 6 May, 20 May & 3
June
Take Home Exam (2000 words)
30 %
3 June
(available 27 May )
Placement
30 %
During semester
Class Participation in seminars
and supervision sessions
10 %
During semester
3.3.1 Reflective Journals (30%)
Six Reflective Journals (30% ) – 300 words each (approx)
Students are required to maintain and submit a reflective journal on the following Fridays:
18 March, 1 April, 15 April, 6 May, 20 May and 3 June.
Submission must be by email to m.noone@latrobe.edu.au.
Failure to submit on the due date without prior grant of extension will attract the penalty for late
submission applicable to take home exams.
Your journal is assessed according to the following criteria:



Demonstrates an ability to analyse experiences
Demonstrates the development of a reflective approach to experiences
Contains content relevant to the subject matter of the course
What is a reflective journal?
Journal writing has a long history in literature and more recently in education. Writers and philosophers
have often kept a journal in which to record ideas and experiences for use in their work.
In this course, the journal is used as a learning and teaching tool. Specifically, it is a ‘regular written
communication from a student to a teacher, related to the course of study, that is authored by the
student at the request of the teacher and to which the teacher may respond in writing.’
Students can use the group discussions to reflect on their experience and draw principles from it. A
written journal, however, gives another, perhaps less confronting, avenue for discussion.
Goals of reflective journals
1. To provide regular student feedback to the academic supervisor on the student’s progress on
placement
2. To promote reflective behaviour
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Faculty of Law and Management, La Trobe University
3.
4.
5.
6.
To facilitate the connection between placement experience and classroom discussions
To exploit the connection between writing and learning
To foster self awareness
To relieve stress
A journal is a means of keeping communication open between the student and teacher.
Increasingly, professionals recognise that they will develop their skills only through continual reflection
on how they apply them in practice and how they might operate differently. Now is the time for you to
develop this habit. The journal allows you to ask yourself questions about the way lawyers use their
skills, what those skills are or should be etcetera.
It has been established that writing on a topic forces the writer to articulate their thoughts. The journal is
a way of setting down clearly how you think about a rule, a situation or an experience. This is part of the
reflective process. The journal allows you to ask yourself why you feel or respond in a certain way and
to develop understanding of your own attitudes to the operation of law, role of lawyers etc.
A journal can be a way of letting off steam or expressing anxiety about the clinical experience. Its
compulsory nature can be an advantage.
What is expected of you?



The journal is only semi-private. That is, the entries are written to be read by you the student and
by your academic supervisor. In this way it is different from a personal diary.
You are expected to write six journals each of approximately 300 words.
The entries are not take home exams and are not assessed on their style and grammar although
they must be comprehensible.
The journal is not to consist of a simple description of your daily activities. You are expected to use it to
make observations and comments on the legal practice and processes you are involved in. You might
use it for example to discuss the way in which the operation of the family law has resulted in division
among men and women in residency matters and comment on the work you are doing to educate
parents.
Confidentiality
I undertake to you that, subject to the following two situations, I shall not share your journal with any
other person without your permission. There are, however, certain exceptional situations when I may
need to disclose information from it. Additionally, it is often of great value to students to hear how other
students in the group are feeling and what they write about. Sharing journal entries with the group can
do this. I shall not share your entry without your consent and even when you agree, I shall make every
effort to conceal your identity.
1) If your entry reveals concern about the professional ethical behaviour of a lawyer I may have to act
on this. However, I shall discuss any proposed action with you first.
2) It is possible that your entry may disclose an illegality by a client. Again, I shall discuss with you how
and whether I have an ethical or legal obligation to reveal this.
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What may you expect of me?
My obligation is to read your journal, comment on it and return it to you promptly. The extent of my
feedback will depend on the substance of your entry. My goal is to encourage you to be self-directed in
your learning.
3.3.2 Take Home Exam (30%)
Exam available:
On LMS Friday 27 May 2011
DUE TIME and DATE:
4 pm Friday 3 June 2011
LENGTH:
2,000 words; worth 30%
The word limit is strictly enforced. Work in excess of 10% of the word limit is not read
or marked. Word count must be stated on the front cover of the assignment.
Take-home examination – 2000 words
Students must answer one question in the exam. You have a choice of questions on
material covered throughout the semester.
This is an exam and there can be NO extensions.
Late returns will not be marked.
If you are unable to submit the take-home exam by the due date you must complete
an application for special consideration with supporting documents within 72 hours of
the due date. If this application is accepted then you will need to sit a special takehome exam.
Referencing
Students should follow the Australian Guide to Legal Citation, 2nd edition, available
at http://mulr.law.unimelb.edu.au/aglcdl.asp
Word length
The maximum word length is 2,000 words.
ASSESSMENT CRITERIA
There is no specific allocation of marks to individual criteria. The mark awarded reflects the overall
quality of the exam answer taking into account all criteria.
Content demonstrates
 Clear articulation of the issue or challenge that is focus of exam answer
 Accurate description of work of host organisation
 Understanding of the contested nature of the definitions of ‘public interest law’
 Detailed analysis of issue/challenge
 Evidence of reading, analysis and preparation
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Faculty of Law and Management, La Trobe University

Ability to apply analytical and critical skills to issues raised
Structure demonstrates
 Clear introduction and conclusion
 Careful and logical organisation (eg use of headings )
Expression, style and presentation demonstrates
 Written in a style which is clear, fluent and concise
 Written in plain English
 Careful proofreading
Additional requirements
 The work must be appropriately referenced. Students must provide footnotes and a full
bibliography in accordance with academic requirements.
 The word count must be stated on the front cover of the assignment.
3.3.3 Placement performance (30%)
The placement performance is assessed according to the following set of criteria provided to the student
and host organisation at the outset of the placement. There is no specific allocation of marks to
individual criteria. The mark awarded reflects the overall quality of the placement taking into account all
criteria.
1.
Completion of 12 full days on placement
2.
Demeanour and Conduct
 Punctuality
 Courtesy to all staff and others
 Adherence to the rules of the host organisation
 Preparedness to undertake tasks allocated
3.
Reflective approach to work
 Ability to accept feedback
 Demonstrated willingness to reassess work produced in light of feedback
 Level of initiative taken - balance between need for initiative and need to recognise
personal limitations
4.
Written and Communication Skills
 Use of clear communication in written work
 Use of clear oral communication with relevant personnel/clients/others
 Demonstrated ability to identify legal and non-legal issues
5.
Legal Research Skills
 Apply legal research skills to tasks allocated by host organisations
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 Apply ability to identify legal and non legal issues
6.
Understanding of Professional Responsibility
 thoroughness and management of file and/or project work



demonstrated understanding of specific ethical requirements of host organisation including
confidentiality
demonstrated understanding of work of host organisation
recognition of host organisation’s role within the justice system
3.3.4 Class Participation (10%)
Class participation will be evaluated in accordance with the following criteria:
-
Quality and consistency of reading preparation for class
-
Ability to analyse the prescribed readings
-
Demonstrated ability to relate readings to placement experience
-
Oral communication skills
-
Attendance at seminars
Students are expected to attend the seminars able to discuss these questions in relation to the
readings:
- Why is this reading relevant to this course?
- What other readings is it related to?
3.4 Assessment requirements and definitions
3.4.1
Assessment criteria
 A ‘D’ grade answer: may make one or more serious errors on stating the law or in applying the law
to the facts; address few of the issues required; or be poorly written.
 A ‘C’ grade answer: is knowledgeable but may present few reasons for a conclusion and lack
coverage of issues.
 A ‘B’ grade answer: displays deeper knowledge of the law and of the issues but may make relatively
minor errors of law, particularly at the lower end of the grade. In a question requiring multiple issues
to be addressed it may (particularly at the lower end of the grade) lack a comprehensive coverage
of the issues.
 An ‘A’ grade answer: is not wrong on the law; displays a deep knowledge of the law and the
problem; and does not omit to discuss any major issue. While it displays a wide coverage of issues
it is not necessarily expected to address every possible issue, particularly at the lower end. Note:
‘deep knowledge’ of the law may be indicated by certain capacities: recognising when law is
relatively unambiguous and when it is unclear; recognising arguments which support a particular
proposition, and those which undermine it; and to use the available legal material to develop your
argument in a manner which would persuade a reader who was initially sceptical of your claims.
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Faculty of Law and Management, La Trobe University
3.4.2
Format and submission of assessment material
3.4.2.1
Assessment requirements and definitions
Your written work should be typed and double-spaced.
Leave a clear 4cm margin on each page for comments.
Please label all submitted work with your name, your lecturer's name and subject code. You must keep
an electronic copy and photocopy of the work submitted (including references and bibliography).
All submitted work must be placed in the take home exam submission box in the Faculty Office at Level
2 of the Donald Whitehead Building by the due date and time. Any take home exam submitted after
4pm is date stamped the following day. Under no circumstances should you place your work anywhere
other than in the take home exam box in the Faculty Office. A fully completed Statement of Authorship
form must be stapled to the front of your work.
Students are NOT permitted to forward written work by fax or email.
If your work is posted, then the date and time of receipt at the GENERAL OFFICE of the School, not
the date of posting, is treated as the date of submission.
3.4.2.2
School policies on submission, late submission and application for extension
If a piece of assessment is submitted late, without a prior extension having been granted, it may be
penalised according to the School policy: see the LMS (formerly WebCT) — LAW_NOT Law
Noticeboard and Resources School — ‘Submission of Law School Assignments’.
An Assignment will NOT be accepted for submission on any ground if:

it is handed in after the handing back of assignments; or

it is handed in after the examination.
3.4.2.3
Applications for extension of time
Any application must be made on the standard form available from the General Office or from the
LAW_NOT on LMS under ‘Submission of Law School Assignments’.
Any application must be made before the due date, unless this is not possible.
Where appropriate, any application must be accompanied by documentary support. An application on
grounds of illness or injury must normally be accompanied by a medical (doctor’s) certificate stating that
you were unfit for a particular period.
The lecturer or seminar leader may grant an extension of time if there is good reason to do so.
Academic workload and normal work practices will not be considered. See the School policy:
‘Submission of Law School Assignments’.
3.4.3
Referencing
Students should follow the Australian Guide to Legal Citation, 2nd edition, available at
http://mulr.law.unimelb.edu.au/aglcdl.asp
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3.4.4 Cover sheet
See: <http://www.latrobe.edu.au/acadserv/staff/misconplagiarism.html>
3.5 Special circumstance processes
Special Consideration is an equity measure to ensure that the assessment of students takes account of
temporary adverse circumstances that impact negatively on individual students’ ability to demonstrate
their learning achievements.
The following is a link to a general University statement on applications for special consideration.
http://www.latrobe.edu.au/acadserv/current/ans_speccons.html
It is most important that applications in respect of Faculty of Law and Management units be made using
the following form:
http://www.latrobe.edu.au/acadserv/current/2009_Application_for_Special_Consideration_A3_%20form
_Layout_1.pdf
Before filling out the Faculty of Law and Management form (if applicable), students should read the
Important Notice at:
http://www.latrobe.edu.au/acadserv/current/FLM_Special_Consideration_Notice_to_Students_October_
2009.pdf"
3.5.2 Remarking policies
University policies:
http://www.latrobe.edu.au/policy/documents/review-re-mark-work-policy-2009-04-02.pdf
http://www.latrobe.edu.au/policy/documents/review-re-mark-work-procedures-2009-04-03.pdf
3.5.3 Special examinations
See University Regulations, Regulation 21.12 at
http://www.latrobe.edu.au/legalservices/legislation/regulations.html
3.5.4 Supplementary Assessment
University policies are at:
http://www.latrobe.edu.au/policy/documents/supplementary-assessment-policy-2008-12-18.pdf
http://www.latrobe.edu.au/policy/documents/supplementary-assessment-procedures-2008-12-18.pdf
3.5.5 Assessment policies (University-wide)
See:
http://www.latrobe.edu.au/policy/documents/assessment-policy-2009-02-13.pdf
http://www.latrobe.edu.au/policy/documents/assessment-procedures-2009-05-08.pdf
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3.5.6 Students with special needs
Students with special needs whose participation in this subject might be limited by any study
requirements are encouraged to consult the Equality and Diversity Centre. Further information and
contact details for the centre are available at http://www.latrobe.edu.au/equality/
3.6
Academic Plagiarism
PLAGIARISM
The following warning is issued by the University (Undergraduate Course Handbook:
2008).
“One form of academic cheating is plagiarism: the reproduction of someone
else’s words, ideas or findings and presenting them as one’s own without
proper acknowledgment. There are many forms of plagiarism, including the
following:
 direct copying of sentences, paragraphs or other extracts from someone
else’s published work (including on the Internet and in software) without
acknowledging the source
 paraphrasing someone else’s words without acknowledging the source
 using facts and information derived from a source without
acknowledging it
 using ideas directly derived from an identifiable author without
acknowledging the source
 producing assignments which should be the student’s own, independent
work in collaboration with and/or using the work of other people (e.g. a
student or tutor).”
Plagiarism and copying the work of other students are forms of cheating and will be
treated accordingly. A person found assisting another person to plagiarise may be
punished as severely. To ensure that you are not guilty of plagiarism you must, in all
your written assignments, declare all sources from which you have obtained materials
or ideas.
The penalties for plagiarism are severe and are governed by University legislation. A
student found to have plagiarised will be allocated no marks for the particular piece of
work involved, or may be allocated a fail grade in that subject, or may be excluded
from the University.
STUDENTS ARE ADVISED TO FAMILIARISE THEMSELVES WITH THE RULES
CONCERNING ACADEMIC MISCONDUCT
Further explanations for ‘academic misconduct’ and for ‘plagiarism’ are available at:
http://www.latrobe.edu.au/policies/
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4.0 Teaching arrangements
4.1 Recurrent learning activities
4.1. 1 Placement
Students spend 12 days at an external agency (normally one-day a week), have a designated site
supervisor and have regular meetings with an academic supervisor. Placements are in ‘not-for-profit’
and government organisations. The aim of the placement is to put you in the role of a lawyer in a
workplace. The workplaces, however, are not necessarily law firms and so the experience gives you the
opportunity to participate in and observe the work of lawyers in a different model.
Students perform substantial legal work of the kind the agency specialises in. This will vary from agency
to agency. It may involve conventional litigation and court work eg, drafting affidavits, attending court,
meeting with clients. It may involve research and drafting submissions to government, to management
on legal policy and law reform issues. It may involve developing educational or training materials and
programs in the area of the agency’s work or drafting community education materials such as Fact
Sheets.
Students are supervised on site by staff of the host organisation. The host organisation has
responsibility for the day-to-day supervision of the students. The nature of the work to be performed by
students on placement is agreed in advance between the host organisation and the course coordinators.
A key element of the learning on placement and on campus is the supervision encounters with the
agency practice supervisor and the academic supervisor.
4.1.2 On campus supervision meeting
There are five one-hour group meetings with an academic supervisor. These meetings provide the
opportunity for students to share their placement experiences, to reflect on and learn from their
experiences and to raise any issues of interest and/or concern.
4.1.3 Seminars
Fortnightly seminars involve some or all of lecturing: large and small group discussion; small group
problem solving; guest lecturers; video/dvd. The aim of the seminar program is to provide a theoretical
context for your work on placement. In seminars I will address a variety of topics. These include ‘ethical
challenges in the workplace’, ‘learning from practice’, ‘public interest law’ and ‘communication skills’.
The seminars are a forum for analysis of the law, policy and practice.
Readings will be set for each seminar and the session will be conducted as a discussion. You are
encouraged to bring back into the seminar discussions your observations and experiences from
placement.
NOTE: The seminars are an essential part of the learning experience in this course. This is a small
class and the vibrancy and depth of the learning experience depends to a significant extent on the
contribution of each member. You have an obligation to one another to attend and contribute to the
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Faculty of Law and Management, La Trobe University
discussion. Experience in similar courses is that failure to regularly attend class impacts on the
student’s performance on placement and in the overall subject.
4.2 Seminar and Supervision Schedule
First Semester – 2011
Week
Session Type Date
Topic
One
Orientation
1 March
Introduction to Public Interest
Law Practice
Two
Placements
start
Seminar 1
8 March
Learning from Practice
Communication Skills
Three
No class
15 March
Four
Seminar 2 &
Supervision
22 March
Five
No Class
29 March
Six
Seminar 3 &
Supervision
5 April
Seven
No class
12 April
Eight
Seminar 4 &
Supervision
19 April
SEMESTER
BREAK
EASTER
Nine
No class
3 May
Ten
Seminar 5 &
Supervision
10 May
Eleven
No class
Twelve
Seminar 6 &
Supervision
Thirteen
No class
Public Interest Law: History &
Definitional Issues
Sites & Forms of Public Interest
Law
Techniques of Public Interest
Lawyering
Practical and Ethical Challenges
in Public Interest Law
17 May
24 May
31 May
Current developments and future
of Public Interest Law
Placements end
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4.3 Operation of the Placement
4.3.1 Attendance
You will attend at your placement site (‘the agency’) for one day each week during this semester in line
with the normal business hours of the agency. The placement continues during the mid-semester break.
I suggest that 9.00am to 5.00pm or 9.15am to 5.30pm is appropriate with a lunch break. You should
clarify details of hours with your field supervisor on your first day.
You are required to attend for 12 days in total. If you wish to attend for longer this is up to you and to the
agency to negotiate. Again, if you wish to do two days during the mid-semester break, you need to talk
to your field supervisor about this.
At the end of the semester, your field supervisor must certify to the subject coordinator that you have
completed 12 full days of placement. Your failure to complete this requirement before the end of the
semester assessment period will result in failure of the subject.
If for some exceptional reason you are not able to attend the agency on your agreed placement day you
must contact your field supervisor, in advance if possible, and also notify your designated campus
supervisor. Exceptional reasons might include illness of yourself or someone in your care (medical
certificate required).
NB: Competing work or study commitments are not acceptable reasons for missing a placement day.
Any day missed must be made up in consultation with your field supervisor.
4.3.2 Field supervision
While on placement with the agency you will be supervised by a staff member of that agency. This
person is designated by the agency in consultation with the subject coordinator, as your field supervisor.
Depending on the nature of the agency they may or may not be lawyers. However, they are all
experienced in the operation of the law in practice.
You receive a contact sheet identifying your supervisor and giving contact details. They also have this
sheet. Your field supervisor is the person to whom you are responsible at work. They are the person
with whom I have discussed your placement and they have undertaken the responsibility for arranging
your work. They are the person who will complete an evaluation of your performance at the end of your
placement. Our experience is that people such as your field supervisor enjoy interacting with law
students and feel that the discussions and fresh approach enriches their own working life.
It may be that from time to time you work with other staff at the agency. In that case you will obviously
report to them on any work they have given you. However, it is important for you to remember that your
field supervisor is your primary contact in the agency.
Role of field supervisor
They have several roles.
1.
Development of a work program for you.
2.
Direct supervision of you in your legal/policy work on placement
3.
Discussion with you on a weekly basis of your progress, of legal issues, of policy underlying
the law, of operation of the agency etc
4.
Evaluation of your performance
5.
Mentor
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Communication with your field supervisor
Communication or lack of it is critical to the success of your placement. I are going to give you some
practical suggestions for communicating in the workplace using some of the above list to illustrate our
suggestions.
Probably the two most important skills required for effective communication are listening skills and
questioning skills. I might add that sometimes courage is also required!
Remember that your field supervisor is a busy person who nevertheless is enthusiastic about having a
law student with a fresh approach to the work. In thinking about a suitable work program for you on
placement they have discussed their work with us. However, they generally wish to know your goals
and interests before finalising the program.
It is important therefore that you are in a position to articulate your goals at the outset and discuss these
with your field supervisor. I have suggested to them that on your first day they meet with you to discuss
the proposed work plan. If this does not happen you should take the initiative to arrange a meeting for
the beginning of the second day.
In orientation I will ask you to formulate your goals and expectations and to write these down to present
to your field supervisor for discussion. You are to document the work plan discussed, even in general
terms, keep a copy for yourself, give one to your field supervisor and give us a copy. This then gives
you and your field supervisor guidelines to refer back to along the way.
Suggestions:
 On day one meet with your field supervisor and discuss your goals and expectations, the
available work and what you might do. Draft out a plan
 If the meeting doesn’t happen? Find out when he/she is available and make an appointment for
the afternoon day one or first thing day two. Leave a note on their desk that you would like to
meet and suggest a time. Explain what you want to talk about
 Be friendly, courteous, inquiring about the agency.
Your field supervisor will also be supervising your day to day work in a micro sense. That is, they may
ask you to read a file and draft an affidavit; they may ask you to read material and draft a Fact Sheet;
they may ask you to read a file and attend a conciliation hearing to observe procedures.
In their own mind they know what they want.
QUESTION: Have they made it clear to you what they expect? How are you to know? What resources
do you use? How long is the document to be? Etc
A typical situation might involve them coming to you with a file, giving a quick summary and asking you
to do a task. They might turn to leave. What do you do?
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Suggestions:
 The worst outcome is a shoddy and useless piece of work with an annoyed supervisor and a
depressed student!
 SO: Quickly before they leave ask if you can read the file and come back to them with some
questions before you begin. Check where they will be etc.
 You might ask them eg: Are there any examples of Fact Sheet, affidavit etc I can look at? Is this
file the only material I need for the job? Do you have any suggested research resources for the
task, ie, a list of websites bookmarked on the computer? Do you want me to list my research
history or just give you my opinion? Should I restrict my research to Victoria or would it be a
good idea to go interstate or overseas? etc
You should receive feedback on your work at least on a weekly basis.
I suggest that in your first meeting you arrange for a weekly meeting at a particular time.
Feedback can be difficult for both the giver and the receiver. It should not be personal criticism and
should be given in a positive and constructive way. I are sure that this will happen in your placement.
However, you can assist the process:
Suggestions:
 Be clear at the outset of a meeting or interaction with your field supervisor that you are keen to
learn what you did wrong and how you can improve
 Ask specific questions about the work. You will know what you were uncertain or unhappy
about in your product. Zero in on this and ask for help
 If you have thought about wider repercussions of the work mention this. You will probably find
your field supervisor delighted to roam into a discussion about justice and policy. Perhaps they
have wanted to do a discussion paper on policy implications but have not had the time. This
might be your opportunity to do this and contribute to the work of the agency and the
development of policy
Evaluation in an informal sense will take place along the way and hopefully feedback will give you a
good idea of how your field supervisor thinks you are going. However, I suggest that a more formal
meeting take place at the mid point and again at the end. In this you have the opportunity to discuss
with them how you are performing in line with the performance criteria.
Your field supervisor is also your mentor. This role is one that fosters the development of professional
skills and values in new entrants to the profession.
4.3.3 Nature of the work
Our agreement with the agency is that you will be involved in substantial legal work of the kind it
specialises in. This will vary from agency to agency. It may involve conventional litigation and court work
eg, drafting affidavits, attending court, meeting with clients. It may involve research and drafting
submissions to government, to management on legal policy and law reform issues. It may involve
developing educational or training materials and programs in the area of the agency’s work or drafting
community education materials such as Fact Sheets.
All these are acceptable and indeed desirable activities in the context of this course.
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You will almost certainly also be asked to perform some clerical duties such as typing, photocopying
etc. You will find that in all the agencies in which you are placed the lawyers do this work. However, you
are not expected to spend more than about 10% of your time on clerical work.
As mentioned earlier, you are expected to develop a work plan for your placement and give it to your
campus supervisor. This is due after your second week of placement, ie in the week beginning 20
March.
If you have any concerns about your work these should be raised immediately with your field supervisor.
Communication again! If you are not able to sort things out with them you should speak to your campus
supervisor. Do not let things drift!!
Student responsibilities
 Attend placement on time and on days agreed
 Dress neatly and appropriately for the agency
 Maintain and submit placement journal to academic supervisor
 Be courteous to everyone with whom you come in contact
 Do the work within the agreed time frame OR if not possible contact field supervisor to explain
 Observe confidentiality at all times
 Not give legal or other advice without the express approval of your field supervisor
 Be enthusiastic
 Abide by the rules of the agency in which you are placed
I emphasise the importance of confidentiality and you must sign an undertaking to preserve
confidentiality. You must observe both client confidentiality if you are dealing with clients, and respect
the confidences of your host organisation. You may come into possession of sensitive material and you
have an equitable obligation of confidentiality in your capacity. When discussing your work outside the
organisation think carefully before revealing information.
In Conclusion
I and you are engaged in a joint venture with a third partner – your host agency. Your field supervisor is
a critical person in this partnership. I hope that the structure of the subject works well and that you
achieve your goals on placement. Hard work and enthusiasm together with a critical approach to your
work will go a long way to ensuring this happens.
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5.0 Learning resources
5.1 Prescribed and recommended texts
Learning resources
The Law Librarian, Dennis Warren has gathered together a range of resources that
you might find useful during your placement:
http://www.lib.latrobe.edu.au/help/subject-res/law/LAW2CLE.php
Readings marked with * are on e-reserve or LMS
SEMINAR ONE
Learning from Practice and Communication Skills
Essential Reading
*Hyams, R, Campbell S & Evans A, Practical Legal Skills ( 3rd ed 2007) Oxford University Ch
2 ‘Interviewing’
*Wolski B., Skills, Ethics and Values for Legal Practice (2nd ed) 2009 Law Book Co ,
Chapter 6 - Legal Writing
*Ogilvy, Wortham, Lerman, Learning From Practice, Ch 2 pp 11 – 25
*Moon J, Reflective Writing – some initial guidance for students
http://services.exeter.ac.uk/cas/employability/students/reflective.htm
SEMINAR TWO
Public Interest Law - History and Definitional Issues
Essential Reading
Dhavan, R., `Whose Law? Whose Interest" in Cooper, J. & Dhavan, J. Public Interest Law
(1986) Basil Blackwell Inc pp 17- 26
Noone, M.A., Lawyers in Conflict: Australian Lawyers and Legal Aid (2006) Federation
Press pp 24-29, 34-38, 50-57, 66-74, 202-216
Pleasance, P. & Maclean, S., The Public Interest (1998) Legal Aid Board Research Subject
http://www.lsrc.org.uk/publications/defining_the_public_interest.PDF
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Martin, P., `Defining and refining the concept of practising in ‘the public interest’ (2003) 28(1)
Alternative Law Journal 3 [this edition is devoted to Practising Law in the Public
Interest]
Further References
*Durbach A. Defining Pro Bono - Challenging Definitions Paper given at For the Public
Good: The First National Pro Bono Conference August 2000 , Canberra
*Sarat, R. & Scheingold, S. `Cause Lawyering and the Reproduction of Professional
Authority’ pp 3 – 12 in Sarat, R. & Scheingold, S. (eds) Cause Lawyering: Political
Commitments and Professional Responsibilities 1998 Oxford University Press
*Parker, S., `Why Lawyers Should Do Pro Bono Work’ in Arup, C & Laster, K.(eds) Pro Bono
(2001) 19 Law In Context 5 [via catalogue]
Trubek, L, ‘Crossing Boundaries: Legal Education and the Challenge of the “New Public
Interest Law’ (2005) 2 Wisconsin Law Review pp 4- 16 available on
http://www.law.wisc.edu/facstaff/pubs.php?ID=428
*Wheeler C., ‘The Public Interest: we know it’s important but do we know what it means’
(2006) 48 AIAL Forum 12 -25
Burchell, S. & Hunt E., ‘From conservatism to activism: the evolution of the Public Interest
Law Clearing House’(2003) 28(1) Alternative Law Journal 8
SEMINAR THREE
Sites and forms of Public Interest Law
Essential Reading
*Arup C., ‘Pro Bono in the Post Professional Spectrum of Legal Services’ in Arup, C &
Laster, K. (Eds) Pro Bono (2001) 19 Law In Context at 180
*Ellis, T., ‘Human Rights and Social Justice: A frontline perspective from a Community Legal
Centre’ (1996) 3(4) Murdoch University Electronic Journal of Law
Noone M.A. & Giddings, J., (2004) ‘Australian community legal centres move into the twentyfirst century’ (11) 3 International Journal of the Legal Profession 215 [online via
catalogue]
Further References
Public Interest Law Clearinghouse http://www.pilch.org.au/
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Public Interest Advocacy Centre http://www.piac.asn.au
Burchell, S. & Hunt, E. `From conservatism to activism: the evolution of the Public Interest
Law Clearinghouse’ (2003) 28(1) Alternative Law Journal 8
Lynch, P., `The Homeless Persons’ Legal Clinic’ (2002) 27(1) Alternative Law Journal 31
*Noone M.A. Lawyers in Conflict Australian Lawyers and Legal Aid ( 2006) Chapter 7
‘Community Legal Centres’
Disney, J., `Lawyers, social justice and public interest’ (1994)19(1) Alternative Law Journal5
SEMINAR FOUR
Techniques of Public Interest Law
Essential Reading
*Lynch, P, (2004), `Human rights lawyering for people experiencing homelessness’ 10(2)
Australian Journal of Human Rights 59
*Surkiewicz, J., et. al., ‘Using the Media’ (2005) 39 Clearinghouse Review 458-64
Rich N., Reclaiming Community Legal Centres: Maximising our potential so we can help our
clients realise theirs (2009) Consumer Action Law Centre and Victoria Law
Foundation pp 9-27
Debowski A., (2009) ‘Old Dogs, New Tricks: Public interest lawyering in an ‘Age of Terror’
34(1) Alternative Law Journal 15
Other References
Lynch, P. `From `Cause’ to `solution’: using the Law to respond to Homelessness’ (2003)
28(3) Alternative Law Journal 127
*Chakrabarti, S., et. al., ‘Whose Cost the Public Interest? (2003) Public Law 697-715
Field, C., `PAY DAY LENDING - an exploitative market practice’ (2002) 27(1) Alternative Law
Journal 36
Burchell, S., et. al., ‘Costs of the Tampa case--a vindication of litigation in the public interest’
(2002) 27 Alternative Law Journal 94-5
Trubek L. & Farnham J., (2000) ‘Social Justice collaboratives: Multidisciplinary Practices for
People 7 Clinical Legal Review 227
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SEMINAR FIVE
Practical and Ethical challenges in public interest law
Essential Reading
*Marshall, S., 'Mission Impossible?: Ethical Community Lawyering' (2000) 7 (1) Clinical Law
Review pp147 – 225
Kallies A. &Godden L., ‘What Price Democracy? Blue Wedges and the hurdles to public
interest environmental litigation’ (2008) 33(4) Alternative Law Journal 194
Further References
Lardent, Esther, ‘Positional Conflicts in the Pro Bono Context: Ethical Considerations and
Market Forces’ (1999) 67 (5) Fordham Law Review 2285 [online via catalogue]
*Fisher, E. C & Kirk, J “Still standing: an argument for open standing in Australia and
England” (1997) 71 Australian Law Journal 370-86
Marguiles, P., ‘Multiple Communities or Monolithic Clients: Positional Conflicts of Interest and
the Mission of the Legal Services Lawyer’ (1999) 67 Fordham Law Review 2339
[online via catalogue]
Burchell, S., et. al., ‘Costs of the Tampa case--a vindication of litigation in the public interest’
(2002) 27 Alternative Law Journal 94-5
*Trubeck, Louise G. ‘Embedded Practices: Lawyers, Clients and Social Change.’ (1996) 31
Harv. C.R.-C.L.L. Rev.415 [online via catalogue]
Cane, Peter “Standing up for the Public” (1995) Public Law 276-87.
Australian Law Reform Commission Report No. 78 “Beyond the Door-Keeper: Standing to
Sue for Public Remedies”, 1996
*Chris Tollefson, “When the ‘Public Interest’ Loses: The Liability of Public Interest Litigants
for Adverse Costs Awards” (1995) 29 University of British Columbia Law
Review (1995) 29 at 309–11;
National Pro Bono Resource Centre, Government Lawyers and Pro Bono: Information Paper
(2004) http://www.nationalprobono.org.au/documents/NPBRCGovtlawyerspaper.doc
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SEMINAR SIX
Current Developments and the future of Public Interest Law
Essential Reading
*Foden, Timothy L., ‘The Battle for Public Interest Law: Exploring the Orwellian Nature of the
Freedom Based Public Interest Movement’ [2005] Vol 4 No.2 Conn. Pub. Int. L.J. 210
*McLeay, F., ‘Pro Bono Lawyering in the 21st Century’ in Arup, C & Laster, K. (Eds) Pro Bono
(2001) 19 Law In Context at 16
Further References
*Lynch, P, (2004), `Human rights lawyering for people experiencing homelessness’ 10(2)
Australian Journal of Human Rights 59
*Abel, R., Speaking Law to Power: Occasions for Cause Lawyering, in Cause Lawyering:
Political Commitments and Professional Responsibilities (edited by Austin Sarat and
Stuart Scheingold, New York: Oxford Univ. Press, 1998).
*Bellow, Gary, ‘Steady Work: A Practitioner’s Reflections on Political Lawyering’ (1996) 31
Harv. C.R. – C.L.L. Rev 297 [online via catalogue]
Sossin L., ‘The Public Interest, Professionalism and Pro Bono Publico’ (2008) 46(1) Osgoode
Hall Law Journal 131
Kennedy D., The Dark Sides of Virtue (2004) Princeton University Press Ch 1 ‘The
International Human Rights Movement: Part of the Problem?’ pp3-35
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6.0 Feedback and quality assurance processes
Feedback, both formal and informal, is sought from students each semester.
Changes to the subject structure and assessment are made to address this
feedback.
Last year all students who completed the survey assessed the quality of the subject
as ‘high’ or ‘very high’.
In the comments section of survey form, students consistently enjoyed the placement
experience and appreciated the feedback they received during the semester through
the reflective journal process
This comment about the reflective journals, in relation to aspects of subject that
contributed to learning, sums up most student’s experience:
Reflective journals (although annoying@times) was really useful.
Students commented that the workload was high for the subject but this must be
considered in the context of the overwhelming positive comments about their learning
experiences.
In response to this positive feedback I have increased the proportion of the final mark
attributed to the reflective journals to 30%. I have also changed the research essay to
a take home exam worth 30%. This is a more appropriate assessment for this subject
and reduces the workload.
The Student Subject Feedback Survey is part of the quality assurance process that
occurs across the university. In this survey you are invited to tell us about your
learning experiences in the Subject you studied. I want you to tell us how you
experienced the unit. Your views will be taken seriously and assist lecturers to
enhance units for the next group of students. When the surveys reach you, please
make time to tell us your views.
Thank you.
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