Why Environmental Law Clinics?

Abstract

The authors prepared this Article to coincide with an Association of American Law Schools presentation about the controversy that surrounds environmental law clinics, called “The Rise and [?] of the Environmental Law Clinic.” It begins by briefly reviewing these clinics’ rise. Next, it shows that pedagogical concerns preclude clinics from letting fear of criticism drive decisions about how they represent clients. The article acknowledges the challenge that the legal profession’s idealistic aspirations pose, and provides examples of political attacks that have answered clinicians’ efforts to live up to these aspirations. It then highlights the error that underlies such attacks: holding lawyers responsible for their clients’ legal positions despite the profession’s duty to ensure that such positions get a fair hearing. Next, the article explores frequently asked questions about environmental clinics’ role. The authors then summarize the progress of their own clinics and offer their parting thoughts about the future.

Keywords: Clinics, Legal Ethics, Professional Responsibility