Legal clinic

Student Legal advice is the right advice from students at universities or in the university environment. Unlike for Student consultancies in the creation of student legal counseling services are specific legal requirements under the Legal Services Act to be observed. Must be differentiated advisory services of the university or the Student Council, where lawyers or employees will operate with qualified judge for students. A consultation with students may contrast quite possibly be also in favor of third parties. You can be part of university teaching, but be organized independently of the University by the student council or student.

Educational background of such offers is to give students the opportunity to test the learned in the theory of studying skills to real cases and learn social skills. The study is complemented by the acquisition of key qualifications. To this extent, the goal of a stronger advocate orientation of legal education, as provided by the 2002 reformed German Judiciary Act, be taken into account ( § 5a, paragraph 3 DRiG ). A student legal advice does this in the form of learning by doing.

In the context of legal advice by the students and the American term " Legal Clinic " is often used. This has of course in the U.S., a multiple meaning: There, the term refers primarily offering free legal services to needy people ( legal aid clinic ), in particular through social organizations or law firms (even without student participation). From the perspective of higher education generally describes "clinical legal education" in contrast remuneration practice in the legal doctrine, including simulations such as moot court, negotiation training or internships in high school, so does not mean necessarily in a consultative capacity to third parties. This understanding of the term also covers only offers the universities themselves, not about appropriate student initiatives. In Germany and many European countries, the term is usually understood in a third sense - meaning the question here legal advice from students in whatever form (although this is independent of the college). To avoid confusion, the term " clinic" should be avoided.

3.1 Student Legal Services in Germany
3.2 General to § 6 paragraph 2 Legal Services Act
3.3 Student Legal advice abroad

International Environment and History

Origins in the U.S.

Pioneer in the area of student legal services were the United States, where universities are already engaged early in the so-called legal clinics. These fill there an important gap in legal protection system, as they provide financially disadvantaged litigants free support (especially in criminal matters). The universities, in addition to social organizations an important carrier of this model. In addition, by the consequences of the absence of the German clerkship comparable practical training are reduced. Initial offers were there at the end of the 19th century. The modern design of such legal clinics began in the 1960s due to a generous grant from the Ford Foundation. In 1973 had 125 of the then 147 Law Schools appropriate offers. A survey carried out in 2007/2008 among 131 law schools revealed that there a total of 809 hospitals ( 6.2 per Law School ) existed, only 3 respondents stated that they had no appropriate offer.

Other States

In other states, comparable offers struggled. Even in the UK, a country which also belongs to the Anglo- American legal system, offered in 1994 only 13 % of the corresponding programs at universities. In Russia, by contrast, there were in 2009 already 160 such clinics - which were built primarily with the support of American universities after the collapse of the USSR the mid- 1990s.

In the Czech Republic several Law Clinics exist at the Palacky University Olomouc, where the first Czech Law Clinic was founded in 1996. In Poland, there were in 2010, 25 university legal advice deals in 15 cities. In Slovenia there are at the Law Faculty in Ljubljana Ljubljana Legal Clinic for Refugees and Foreigners, which is supported by the United Nations Refugee Agency (UNHCR ).

Even in Belarus, in India and in Croatia there is a legal advice from students. In the Baltic States there is already since 2000 the universities affiliated legal clinics

Development in Germany

In Germany " clinics " for lawyers are under discussion for almost 150 years. Even then led to the term " hospital ," he sword, " as if the jurisprudence a chronic disease." Accordingly, it is not used by many German offerings to date.

Despite a favorable pleas in 1896, this form of legal training in Germany initially could not prevail. From 1935 to 2008, the Legal Advice Act then in force prevented an immediate consultation by students. Permitted was exclusively an activity in advance of the consultation (in particular expertises ).

Only through the liberalization under the Legal Services Act was individually advisory activity of the students towards litigants possible. This development is judged partly skeptical From the perspective of the legal profession. In particular, smaller firms fear competition in the acquisition of new clients. Through advisory assistance and legal aid, the need for such services was also significantly lower than in the U.S.. It is feared the emergence of a two-class society. Finally, the educational requirement is disputed, as there is in Germany with the clerkship a specific practical training.

Current situation in Germany

The Legal Services Act (RDG ) allows students in addition to pure consulting a non-judicial action (such as reminder letters, telephone calls) as well as a representation to authorities. Representation in court the other hand is inadmissible ( § 79 paragraph 2 ZPO). Nor is it an advice on tax matters allowed ( § 2 StBerG). Even for the other cases is a " guide" for consultation by an authorized person or a person who is qualified to be a judge is required ( § 6 paragraph 2 RDG).

A general liability privilege for free legal assistance does not exist. Such must be agreed in individual cases rather contracted. As a way partly the creation of a legal entity (such as a contractor company ( limited liability) or of a registered association ) is seen. In this case ( § is required for liability insurance, 59c ff Bundesrechtsanwaltsordnung ) is the ratio for the law firm so far unsettled.

The possibilities for student legal services used by various universities and student initiatives:

The Law Clinic of the SRH University Heidelberg offers since March 2013, a legal advice for entrepreneurs and young start -up company. The student consultants are doing supervised by professors, which ensure the quality of consulting services. Through a collaboration with the founder of the Institute SRH students and graduates receive, the plan to start their own business or have already done so also not only a comprehensive legal but also economic advice.
The Media Law Clinic is since the winter semester 2012/13 established by the Faculty of Law Project at the University of Hamburg. Advice is provided under the guidance of a lawyer / a lawyer on all issues of Internet and media law. The Media Law Clinic offers small businesses, foundations and creative, but also private legal services in Internet, media law and social media.
The Humboldt Law Clinic was established at the Department Baer and has existed since 2010, the first, supervised by the Chair Baer Clinic deals with cases in the field of fundamental and human rights.; Since 2012, the Consumer Law Clinic and the Humboldt Law Clinic Added Internet law that deal with cases relating to consumer protection law and internet law.
The Bucerius Law School, founded in 2012 in cooperation with the Hamburg Diakonia a Law Clinic. There, students work together with lawyers that provide not only legal, but also non-judicial and judicial representation. Main activities constitute social law and immigration law.
The Legal Clinic at the University of Hannover since 2010 provides legal advice to students of the university.
The student's legal advice at the Friedrich -Schiller- University Jena PARA legally was founded in June 2011 as the first legal advice, which is operated exclusively by students. PARA legally processed cases from all jurisdictions except the criminal law. The legal advice is automatically issued by the student members. In the background, however the results are reviewed and corrected by volunteer lawyers.
The University of Bremen is cooperating since 1977 eV with the association for legal assistance in the justice of the State of Bremen and provides legal advice to prisoners under lawyer supervision.
The Giessen Refugee Law Clinic was founded in 2007 and is limited to the Asylum and Immigration law. The discussions and workshops will be conducted in close collaboration with the University and the Refugee Advice of the Evangelical deanery casting.
In Bielefeld, a student legal advice is set up; the introductory course takes place in the winter semester 2011/2012, the consultation begins in the summer semester of 2012.
The student's legal advice at the Heinrich -Heine- University of Dusseldorf is run since 2010 by a team of lawyers, professors and staff with qualified judge. Be processed cases up to a value of 700 euro. The initial contact and the management of cases made online.
The independent university student legal advice Student Litigators was founded in 2011 by Cologne students and organized as a nonprofit entrepreneurial company ( limited liability). She was the first independent student legal advice. The nationwide team of about 70 students was supervised by a lawyer's Advisory Board and divided his advice in practice groups. Since 2013, the project of the students, however, is completed.
The Student Legal Services Law & Legal from Tübingen was established in late 2011 and is mainly active in the area of Tübingen. It is also independent of universities. Since December 2013 Law & Legal is a non-profit and registered charity.
The supervised by the Chair Prümm student legal services at the HWR Berlin ( stubborn ) offers since 2004 open office hours for questions from students.
Since 2012, the Student Legal Services of the University of Marburg students, employees and their families of the Philipps- University offers free legal advice.
Beginning of 2013 was " pretty - s.de " created as a student, university independent legal advice for the Greater Stuttgart and surroundings to life.

Early 2012 have individual students are established independently of the established advisory bodies of the universities a so-called Federal Association of Student counselor who sees himself as an umbrella organization by its own account. The Federation has made it according to its own representation to the task of linking the student legal services and legal advisers in Germany to strengthen the exchange and pro bono idea and to ensure quality standards in the legal advice.

Susanne Baer

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