Brain-wise
Lawyering for Clinical Law Students
Danielle Cover, University of Wyoming
Lawyering is an inherently human
endeavor characterized by both the strengths and frailties of human emotion and
behavior. For the average law student, there is often no greater challenge to
their understanding of the world than entering a law school clinic focused on
the direct representation of marginalized populations. Fear, anger, and anxiety
influence how clients approach their representation relationships as well as
their individual capacities to engage with the legal system. At the same time,
student attorneys are living their own experiences of fear and worry. Students
moving through these challenging experiences may find it difficult to genuinely
feel and express empathy for their clients. Their brains may literally be
preventing them from developing the connections necessary to support their
clients through their legal problems.
Neurobiology and neuropsychology
provide a foundation for clinical professors to aid their students in
understanding both their own behaviors and the behaviors of their clients. This,
in turn, may strengthen a student’s ability to develop empathy over the long
term. In short, knowing how brain chemistry impacts human response is brain
wisdom, and brain wisdom supports the growth and expression of empathy.
This paper explores some of the
theoretical premises of self-awareness using neuropsychology and neurobiology. It
includes a discussion of basic brain chemistry and neuropsychological
influences on observation and interpretation. The paper also discusses ways
clinical professors can use brain-wise concepts in the clinical environment to
impact the development of empathy in clinical students.
Closing the Clinic Door
Suzan Pritchett, Drake University
What happens
to cases and clients when a clinician departs a law school and there is no
immediate plan to fill the clinical teaching position? What happens to cases
and clients when a law school makes the decision to terminate a clinical
program? This article builds on a lively discussion that took place on the cinical
listserv in the spring of 2018 and will be further explored through a
concurrent session at the AALS 2019 Clinical Conference. There appears to be
little consensus on what constitutes best practices when a clinical program
ends or a clinician departs. This article will explore the ethical rules and
obligations that apply to clinical law programs and to individual when a clinic
closes its doors. In addition, it will formulate suggestions for best practices
for clinics and law schools who encounter the departure of faculty or the
termination of clinical programs.