A Sketch on Common Values of Legal Clinical Potential Empowerment in Ukraine and Poland

A Sketch on Common Values of Legal Clinical Potential Empowerment in Ukraine and Poland

In 2014 Standards of the Legal Clinics Activity in Ukraine were approved by the All-Ukrainian Congress of the Association of Legal Clinics of Ukraine. These Standards set the minimum quality requirements for a legal clinic to operate successfully in major four aspects: organization of operations, support to educational process in legal clinic, free legal aid provision and integrating legal clinic into academic curriculum. To assess the Standards’ implementation by a particular LC – in 2017 specific Tool was created. 16 legal clinics were monitored during couple years. And, in 2019 an upgrade for this monitoring model was introduced: after the monitoring is conducted and recommendations are provided to the legal clinic – one expert from the monitoring group continues mentoring legal clinic first – on developing a short-term plan for implementing monitoring recommendations, (this plan has to be approved by the university or law department administration), and then – in actual plan fulfillment. By now Association of Legal Clinics of Ukraine has 6 success stories of this updated monitoring version and the results are rewarding. 

We asked Filip Czernicki, Head of Polish Legal Clinics Foundation – one of world’s biggest legal clinics national networks to share his opinion on the experience  and importance of legal clinical operations quality assessment.

Here is what Mr. Czernicki has told about profound Polish experience:

“The Polish Legal Clinics Foundation is monitoring the legal clinics activity since 2002. The standardization procedure includes regular monitoring process in order to have actual knowledge about the standards implementation and the clinics performance according to standards. We believe that every rule and standard will be fully implemented only if someone will overview the process and evaluate it. History of over 20 years of Polish clinics activity proofs that the undertaken strategy was with full success! No single legal clinic in Poland was closed down in this 20 years and no single complain against a legal clinic advice was filled in courts. The Polish legal clinics has provided clients with over 150 000 written legal opinions and trained all together over 24 000 law students.”

And then we also asked him to elaborate his view on Ukrainian legal clinic monitoring approach.
“The Ukrainian model of monitoring that has been developed as part of the common action plan of the members of Legal Clinics Association looks amazing to me. This is probably the most developed and most sophisticated evaluation program in the world. What is even more important, and what I like the most about it, is the preparation of the improvements implementation plan. Thanks to the approval by the university or faculty administration of this plan, one can be sure that the recommendations will actually be implemented within 2-3 months.” – Mr. Czernicki says. 
We are happy to know that we share common values of legal clinical potential empowerment and are also honoured to gain such a high evaluation of our work. Hope, our future cooperation will inspire both communities to even greater development.
Prepared by Mariia Tsypiashchuk

ALCU 2020 Elections: 9 Candidates for the Chairman and Board Members

ALCU 2020 Elections: 9 Candidates for the Chairman and Board Members

For the election of the Legal Clinics Association of Ukraine – 2020, 9 candidates submitted their applications: one candidate for the Association Chairman position and another 8 – for the members of the Board. The elections holds in March during the Association of Legal Clinics Forum 2020: Responsible Business and Human Rights.

As a result of open registration, 9 candidates submitted their applications:

  1. Candidate for the Association Chairman’s positionYuliia Lomzhets, the National University of Shipbuilding named after Admiral Makarov legal clinic.

Program and CV:   Program Yuliia Lomzhets         CV Yuliia Lomzhets

  1. Candidates to the Association of Legal Clinics of Ukraine Board:
  • Andriy Halai, “LIBERTA” Law Clinic of Ternopil National Economic University

Program and CV:   Program Andriy Halai         CV Andriy Halay

  • Kateryna Datsko, Kryvyi Rih Economic Institute of SU “Kyiv National Economic University. V. Hetman” legal clinic

Program and CV:   Program Kateryna Datsko         CV Kateryna Datsko,

  • Khrystyna Kovtsun, legal clinic of the Ukrainian Catholic University School of Law

Program and CV:   Program Khrystyna Kovtsun         CV Khrystyna Kovtsun

  • Olha Nastina, legal clinic “Pravo i Praktyka” (“Law and Practice”) of Bila Tserkva National Agrarian University

Program and CV:   Program Olha Nastina         CV Olha Nastina

  • Lidiia Nesterenko, legal clinic of Yuriy Fedkovych Chernivtsi National University

Program and CV:   Program Lidiia Nesterenko         CV Lidiia Nesterenko

  • Olena Orlova, legal clinic “Istyna” of Dnipropetrovsk State University of Internal Affairs

Program and CV:   Program Olena Orlova         CV Olena Orlova

  • Mariia Tsypiashchuk, legal clinic “Pro bono” of the National University of Ostroh Academy

Program and CV:   Program Mariia Tsypiashchuk         CV Mariia Tsypiashchuk

  • Tetiana Sholkova, educational and practical laboratory “Legal Clinic” of the State Fiscal Service of Ukraine University

Program and CV:   Program Tetiana Sholkova         CV Tetiana Sholkova

Besides, all candidates’ programs and their CVs can be found by the link.

Participants of the Forum may ask candidates for the position of Chairman and members of the Association’s Board for competitive and constructive discussion of candidates’ programs.

The Board of the Association is elected in the composition of 7 persons, with the Chairperson of the Association being a member of the Board by position.

This publication was  made possible  through support provided by the United States Agency for International Development under a grant by the USAID Financial Sector Transformation Project.

Conflict and Freedom to Conduct Legal Clinical Education

Conflict and Freedom to Conduct Legal Clinical Education

The head of the Legal Clinic was fired – the end of plans and hopes?

Typical cases of legal clinic problems include conflicts between and with their bosses. The situation sounds like this – now I am not allowed to do this.

Another person is appointed … We cannot find common ground … It humiliates our own dignity … And so on. My vision is subjective. But it is. So.

Firstly, it’s okay.

Exhale and take it. We all have the right to respect for dignity, self-esteem, freedom of opinion (eg about organizing of legal clinic or your own vision of teaching your own class).

We can argue, for this reason, preferably civilized. This is okay. Unless we are the heads of the faculty or department, then this is probably someone else.

He/she can evaluate, appoint/dismiss us. Become a leader and your decisions also may be dissatisfied. Is not it? Or don’t move your career, take a quiet place and “grow moss on the north side”. Just don’t complain then.

ALCU is trying to regulate this.

Support it. Of course, we, the Association, stand for appointment/dismissal based on a well-founded decision.

It is possible that the Association, as an NGO, will in the future raise publicly the question of the validity of the appointment/dismissal of the heads of legal clinics. Of course, with respect for self-government and freedom of managerial discretion in a law school.

Our point in the draft Regulations on the university’s legal clinic, regarding the competencies of the head of Legal clinic and the need to confirm the competence of all involved academics through professional development. Here he is:

“The head of the law clinic is appointed by decision of the head of the institution of higher education institution, upon the submission of the head of the institute, faculty, etc. The head of the legal clinic must have sufficient legal, managerial and pedagogical competence. The head of the legalclinic may also serve as a curator.”

By the way, some heads of legal clinics opposed this point from time to time. That’s funny. But let’s move on.

And, is there a win-win solution?

The issue of decisions about the activities of the legal clinic is the prerogative of the leaders of the faculty, but freedom of view and creativity in our own courses is more accessible to us (at some methodical discretion of the department). Is it?

Here is the solution. You do not get along with the head of the clinic, but you want to engage in legal clinical education? Implement it to your course (s)! Make them more practical, develop forms of coordinated independent work, including advocacy and law education. Find your own organizational form for such de facto legal clinic, for example through a partnership with the public sector. And that’s all, you have another legal clinic in the faculty.

And what is next?

And then do what is convenient for you: unite, disconnect, combine. I think the Association can consider such a legal clinic as an independent, we respect the freedom of the organization.

But act qualitatively – in accordance with our standards.

 

Author: Andrii Halai

Client Consultation Competition without the Scenery

Client Consultation Competition without the Scenery

A few days ago, the next National Round of Client Consultation Competition ended. For me personally, it was the sixth consecutive year when I either organized these competitions directly or coordinated their organization (in 2018, Irpin). without the scenery

And yet, because of the format upgrade – in 2019, I had to organize … one and a half and another half of the Competition. Why? Because, as it turned out, this competition aroused interest not only from me, but also from colleagues from Poland, who offered to hold part of the national rounds in magical Krakow (earlier in 2020). So we traditionally held the quarter-finals of the 2020 Competition in Ostroh in December 2019 and the semi-finals and finals in Poland. And students from ELSA-Lviv also wanted to hold regional Ukrainian language consultation competitions – that is why + 0.5 Competition. By the way, the regional competitions is a great example to follow, because students organized it on their own.

And it turned out that the Competition – is also a some kind of “Pandora’s box” with many personal challenges, strength tests and unexpectedness.

Challenges: Can you find enough resources, judges, clients? And can you do only in English? – because there is the international round later. And more… – Can you do without funding and even offer participants to pay an organizational fee? And can you during the session? Or during the holidays? And will you be able to accommodate participants in Ostroh, where 1.25 hotels and the entire housing stock of the only university have already been booked before you did it?

Strength tests for: nerves, friendships, relationships with colleagues, with your own and not your legal clinic students, your own self-esteem, the limits of endurance and motivation to do it again and again.

Unexpectedness: because you do not expect from people such actions or inactions; because read and thought out again rules create a dilemma again; for receiving help where you have not even thought, and from those whom you did not know or did not know very much; because despite the almost certainty that it just won’t work, it works.

Works. Why?

In these six years and three times participating in the international round, I already know for sure that this is the minimum guarantee of good consultation competition:

  1. High-quality plot of cases. Participants are evaluated on 11 criteria, among which legal analysis and legal advice are only two positions. Others one are the psychological, ethical, and moral aspects that future lawyers should consider and demonstrate. If these aspects are not included in the case, there is nothing to demonstrate.
  2. Talented actors-clients. Performance of the team as a whole depends on the how the guest actor performs his/her role. It also depends on whether this client will be able to open a well-composed story (see para. 1). A good client will always find a moment to talk to the lawyers – even the most frightened and quickest one to tell all she/hethe needs.
  3. Qualified judges. It is not a big secret, of course) Krakow has shown how to do well in a preliminary friendly round, during which both the judges and the team and the clients realised what to do. You can watch the video 10 times, read the rules and criteria, and you can play it once. Guess what will be the best effect?

All the rest – logistics, cultural program, plates and “beauty” of badges, diplomas, programs, etc. – are secondary. This is definitely not something to concentrate on as long as paragraphs 1-3 have not yet been worked out – because they are the foundation.

After the quarter-finals last December, I wrote on my Facebook page: “To me personally, the #Consultation_competition is always an emotion. Strong, deep. And this time, joyful and accomplished one.” Probably the day when it will also be over will come ) But first – the International Round in Ukraine.

The author:

Maria Tsypiashchuk, Coordinator of the National Client Consultation Competition for legal clinics

The first practical program of enhancing legal capacity has started, and the ALCU is actively involved

The first practical program of enhancing legal capacity has started, and the ALCU is actively involved

The first practical program of legal capacity-building launched yesterday in Kyiv is being implemented by the Ukrainian School of Practical Knowledge in Access to Justice.

Yulia Matveyeva, Development Manager of Educational Component of the Association about the event: “It was an amazing festival for everyone who was not indifferent to the need to provide FLA, assistance to vulnerable groups. Geography was impressive: representatives from Moldova, Georgia, Argentina and, of course, Ukraine. Improving access to legal aid for the participants is also impressive – a few words about them – they have been competitively selected to attend the school and can themselves be coaches and teachers on many issues, but all of them were led to a friendly Kyiv summer by a tireless desire to make changes to improve the protection of human rights in their countries and to share the experience of others”.

Today during a joint panel discussion “Practices that made it possible to expand access to justice for Ukrainians: what are the results?” Moderated by Larysa Denysenko, Communications Development Manager of the Association of Legal Clinics of Ukraine Maria Tsypiashchuk presented the experience of Ukrainian legal clinics in implementing Street Law (‘Practical Law’).

The organizers of the Program are the Ministry of Justice of Ukraine, the Legal Aid Coordination Center, the Ukrainian Legal Aid Foundation, the Legal Development Network, the Association of Legal Clinics of Ukraine with the support of the International Renaissance Foundation, and the Affordable and Quality Legal Aid Project in Ukraine.

Photo credits: Ukrainian Access to Justice School of Practice

Legal Clinic of Sumy Department of KhNUIA has passed practical diagnostics

Legal Clinic of Sumy Department of KhNUIA  has passed practical diagnostics

The presentation of the monitoring of the activity of the Legal Clinic “Legal Aid”, operating at the Sumy Department of Kharkiv National University of Internal Affairs, in order to comply with the Standards of activity of legal clinics, approved in 2014 at the All-Ukrainian Forum of ALCU, took place in Sumy. The research of four directions of work: organizational, educational, consulting and law-education was conducted from October 16 to October 18, 2019. The monitoring group included: Yaroslav Malyk, head of the monitoring group, member of the Board + Association, curator-academic of the Law Clinic “Protection” of the National Academy of Internal Affairs, Yulia Lomzhets, executive director of the Association of Legal Clinics of Ukraine; Natalia Yesina, human rights activist, executive director of NGO Northern Group for protection of Human Rights.

Yaroslav Malyk, the head of the monitoring group, noted during the presentation of the results that the Legal Aid Clinic had good indicators – 60.45% (out of 100 possible).

Sumy Department

Sumy Department

The final report prepared by the monitoring team will be shared soon.

Legal clinics are monitored by the Association of Legal Clinics of Ukraine with the support of the International Renaissance Foundation Initiative “Developing Regional Leadership and Establishing a Coordination Model of the Association of Legal Clinics of Ukraine”.

 

Prepared by: Natalia Yesina

Photo: Natalia Yesina

0̶0̶7̶ Mediation Agents: Their Successes and Project Achievements

0̶0̶7̶ Mediation Agents: Their Successes and Project Achievements

 «I have a dream…»

Martin Luther King

 Their Successes and Project Achievements

Project objective:

  • to teach students and academics of legal clinics the basics of mediation;
  • create and develop a regional network of mediation promotion agents based on legal clinics;
  • to establish horizontal cooperation of legal clinics, as well as cooperation of legal clinics with mediation and human rights NGOs and professional mediators.

Project executors:

  • legal clinic of Yuriy Fedkovych Chernivtsi National University;
  • the Legal Clinic of King Danylo University;
  • the legal clinic “Femida” of the PF NAIA;
  • the legal clinic V. Stefanyk. PNU.

Project activities began with an organizational meeting at the Legal Clinic of King Danylo University (Ivano-Frankivsk), during which a project roadmap was agreed.

Particularly noteworthy is the organized by the project team of the study of the level of legal and mediation awareness of the population of Chernivtsi and Ivano-Frankivsk regions.

 

 

 Their Successes and Project Achievements

Some statistics:

67 % respondents know about the activities of legal clinics;

54 % respondents DO NOT know what mediation is;

52 % respondents want to resolve the dispute without going to court.

 Their Successes and Project Achievements

Here are some videos from the student consultant survey:

 

The project team is actively working towards establishing collaboration with Frankivsk mediators, prepearing for students and academis of legal clinics involved in the project training in basic mediation skills, to develop, on the basis of data from legal clinics, a regional network of mediation promotion agents based on their activities , principles, practices for a renewed approach to dispute resolution.

 Their Successes and Project Achievements

2020 promises to be saturated with events and results, so keep an eye on the project; hashtag: #ЮК_агенти_медіації

“Mediation is not just a dream, it’s a lifestyle,” project manager Lidiya Nesterenko summed up.

The material was prepared by Lidiya Nesterenko and Iryna Romaniuk

Networking experience of legal clinics in Kyiv region: influences and perspectives

Networking experience of legal clinics in Kyiv region: influences and perspectives

Since October 2019, 6 legal clinics in the Capital Region have joined their forces to introduce innovative and effective law-education topics to different target audiences on equally relevant legal topics. Two regional initiatives that are part of the project “Developing Regional Leadership and Establishing a Coordination Model of the Association of Legal Clinics of Ukraine”, implemented by the Association of Legal Clinics of Ukraine with the support of the International Renaissance Foundation.

In this article, we analyze the key achievements of the regional project “Strengthening Regional and Cross-Sectoral Cooperation of Legal Clinics of Kyiv Region”, which includes the autonomous initiative “Innovative Teaching Methods in Law Education Activities of Legal CLinics for Secondary School Students” with a reinforced component of tax education.

The project is implemented by the Legal Clinic “Law and Practice” of Bila Tserkva National Agrarian University.

The project co-executors are:

  1. The Educational and Practical Laboratory “Legal Clinic” of the ESI National University of the State Fiscal Service of Ukraine – implements the component of the initiative entitled “Innovative Teaching Methods in Law Education Activities of Legal CLinics for Secondary School Students”
  2. Legal Clinic of the Academy of Advocacy of Ukraine
  3. Legal Clinic “Astreya” of Borys Grinchenko Kyiv University
  4. Educational laboratory “Legal clinic” of National University of Kyiv-Mohyla Academy
  5. Legal Clinic “Protection and Justice” of the National University of Life and Environmental Sciences of Ukraine

What has been achieved in two and a half months?

Networking

Following the completion of the preparatory phase, which took place in October, on November 4, 2019, a Workshop for Legal Clinics was held at the PRAVOCATOR Law Club in Kyiv, presenting the purpose and objectives of the project at the national level.

Networking

Clinics’ students from seven legal clinics of the central region of Ukraine, accademics of faculty of law and linguistics, well-known lawyers together with partners and experts of the clinical and human rights protection movement worked on the ideas for further development of “Maps of interaction of legal clinics with stakeholders”. Finally, this month the legal clinic “Law and Practice” of Bila Tserkva National Agrarian University developed and presented such a map.

Networking

An important area of ​​the project is the networking of legal clinics in the Kiev region. The first peer-to-peer networking event was a visit to exchange experience at the Legal Clinic of the Academy of Advocacy of Ukraine.

Networking

 

The next was a study visit of the exchange of experience to the Educational and Practical Laboratory “Legal Clinic” of the ESI National University of the State Fiscal Service of Ukraine in Irpin.

Networking

Networking

In addition, as part of the legal education component, legal clinics entered into cooperative agreements with Irpin’ schools and monitored students’ primary tax knowledge through polls. The monitoring will allow the development of training material that will meet the real needs and equal tax awareness of the target audience.

What’s next?

  • Completion of the “Clinician Advisor” to help build constructive communication, how to behave in non-standard situations, and what to look for when working with special clients.
  • Development by 5 teams (representatives of legal clinics of Kyiv region, project participants) methodical developments for conducting training for 9th grade students on the topic of “Taxes is easy” and submit it to the competition.
  • For students of eight schools of Kyiv region conducting trainings on methodical instructions, which was determined as the best.
  • Conducting three brain-rings among the students of three schools in Kyiv, two schools in Bila Tserkva and three Irpin schools participating in the training.

The project participants are convinced that this initiative provided an opportunity to unite the legal clinical community and outline the opportunities of legal clinics, which will greatly improve its organizational development.

 

Material was prepared by Mariia Tsypiashchuk based on information by Olga Nastina, Anna Bondareva

Photo: Legal Clinics “Law and Practice” of BNAU, NUSFSU

A Team from the UCU School of Law will Represent Ukraine at the Brown-Mosten International Client Consultation Competition Competition in Dubbine

A Team from the UCU School of Law will Represent Ukraine at the Brown-Mosten International Client Consultation Competition Competition in Dubbine

Last weekend was intense for law students of legal clinics as during February 23-24 the National Client Consultation Competition 2019 took place at the National University of Ostroh Academy. The topic of this year’s competition was “Corruption Crimes and Misdemeanours”.

Eleven teams from various legal clinics and from different cities of Ukraine and universities have participated in the two rounds of semifinals: Lviv – Ivan Franko National University of Lviv and UCU Law School; Kyiv – National Academy of Internal Affairs; Ostroh – National University of Ostroh Academy; Vinnytsia – Vasyl’ Stus Donetsk National University; Dnipro – Dnipropetrovsk State University of Internal Affairs; Sumy – Sumy National Agrarian University; Chernivtsi – Yuriy Fedkovych Chernivtsi National University ; Ternopil – Ternopil National Economic University; Severodonetsk – Volodymyr Dahl East Ukrainian National University. The participants were pre-qualified by their video consultations.

The Competition was held for the first time exclusively in English. Three teams of finalists were selected by the results of two previous rounds. They were representatives of legal clinics of the UCU Law School, the National University of Ostroh Academy and the Ivan Franko National University of Lviv. Students took the first, second and third places respectively.

Participants were evaluated by representatives of the USAID New Justice Program (from the American people), international organizations and missions, the Directorate for Human Rights, Access to Justice and Legal Awareness of  Ministry of Justice of Ukraine, the advocates union “Juscutum”, other practices and, of course, the representatives of the Association of Legal Clinics of Ukraine.

The finalists were awarded with diplomas, they also received literature and, the winners – a free subscription for a legal newspaper from Yurinkom-Inter Publishing House. Three finalists were chosen by the advocates union “Juscutum” representative who was also a judge in previous rounds, to gain the possibility of internship in this law-firm.

A Team from the UCU School of Law will Represent Ukraine at the Brown-Mosten International Client Consultation Competition Competition in Dubbine

The winners – Iryna Kania and Yurii Shvab, students of the master’s program at the UCU LAw School – shared their impressions: “We were impressed by the Ostroh Academy. We never could think that there is such a university in such a small town. Students were affable and friendly, they helped us every time. Moreover we would like to add a few words about the organization. Volunteers have done a great job. The rooms were perfectly prepared for the competition. Most of judges were true professionals and gave important and useful advice. Actors have played their roles for all hundred percent. Special thanks to the organizers for such a great work done! We will make every effort to present not only the university, but also Ukraine in the international rounds. Thanks again to everyone! ”

We wish the winners new achievements and success in preparation for the Brown Mosten International Client Consultation Competition, which will held during April 3-6, 2019 in Dublin, Ireland!

We also express our gratitude to the organizers, volunteers and judges who have done the impossible by organizing the Competition without any funding.

A Team from the UCU School of Law will Represent Ukraine at the Brown-Mosten International Client Consultation Competition Competition in Dubbine

Mariia Tsypiashchuk, Communication Development Manager of ALCU and the organizer of the Competition, told about her impressions of the event: “Despite the fact that I have been organizing and coordinating the Competittion for the fifth time and the fourth one on the basis of the Ostroh Academy, this year’s competition is associated with the frase ” for the first time”. For the first time, we organized it without attracting any funds, for the first time – and this was my  long-cherished dream – the Competition was held exclusively in English, for the first time we had so many foreign experts who also were judges and fulfilled the role of clients. yet, for the first time, the cases (the situations with which the participants worked) was developed by an international expert, a professor at the Catholic University of Lublin, an American lawyer, Delaine Swenson. We did not even expect such a positive result when planning this year’s Client Consultation Competition in an updated format”.

So, we invite legal clinics from all over Ukraine to try their hand at next year!

Working Meeting about Signing a Memorandum of Cooperation

Working Meeting about Signing a Memorandum of Cooperation

On May 18, at the Legal Clinic of the National University of Kyiv-Mohyla Academy, a working meeting was held between the members of administation of ALCU, Vitalii Yelov and Yuliia Matveeva, representatives of the Coordination Centre for Legal Aid Provision, Marina Lugini, and representatives of the Ukrainian Legal Aid Foundation, Sheilat Afolabi about signing a memorandum of cooperation.

5 main areas of cooperation were agreed:
1. Organization of practice and internship of students in the state free legal aid system.
2. Mutual redirection of clients.
3. Conduction joint events.
4. Preparation of information and educational materials.
5. Joint participation in the project “I have a right”.

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