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Northumbria Research Link Northumbria Research Link Citation: Mckeown, Paul (2019) “We don’t need no thought control” What is the intent and impact of teaching values in clinical legal education? Doctoral thesis, Northumbria University. This version was downloaded from Northumbria Research Link: http://nrl.northumbria.ac.uk/id/eprint/43950/ Northumbria University has developed Northumbria Research Link (NRL) to enable users to access the University’s research output. Copyright © and moral rights for items on NRL are retained by the individual author(s) and/or other copyright owners. Single copies of full items can be reproduced, displayed or performed, and given to third parties in any format or medium for personal research or study, educational, or not-for-profit purposes without prior permission or charge, provided the authors, title and full bibliographic details are given, as well as a hyperlink and/or URL to the original metadata page. The content must not be changed in any way. Full items must not be sold commercially in any format or medium without formal permission of the copyright holder. The full policy is available online: http://nrl.northumbria.ac.uk/pol i cies.html “WE DON’T NEED NO THOUGHT CONTROL” WHAT IS THE INTENT AND IMPACT OF TEACHING VALUES IN CLINICAL LEGAL EDUCATION? Paul McKeown Northumbria Law School A written commentary submitted in partial fulfilment of the requirements of the University of Northumbria at Newcastle for the degree of Doctor of Philosophy by Published Work October 2019 For Fraser and Aoife Declaration I declare that no outputs submitted for this degree have been submitted for a research degree of any other institution. I declare that the Word Count of this Commentary is 14,666 words (excluding title pages, contents pages, acknowledgements, bibliography, and referencing) Name: Paul Martin McKeown Date: Signed: i List of Contents Declaration .................................................................................................................................... i List of Contents ........................................................................................................................... ii Acknowledgements ..................................................................................................................... iv Abstract ....................................................................................................................................... vi 1. Introduction ......................................................................................................................... 1 2. Morality, values and ethics ................................................................................................. 7 3. Lawyer Identity: Saint or Sinner? ................................................................................... 12 4. Introspection ...................................................................................................................... 17 5. The Clinical Legal Education Belief System ................................................................... 19 5.1 What is the Belief System in Clinical Legal Education? ................................................... 19 5.2 Student motivation for participating in clinical legal education ...................................... 22 5.3 Exposure to clients ............................................................................................................ 25 5.4 Supervision ........................................................................................................................ 29 5.5 Working with other students.............................................................................................. 34 6. Conclusion .......................................................................................................................... 35 7. Bibliography ...................................................................................................................... 39 7.1 Cases ................................................................................................................................. 39 7.2 Statutes .............................................................................................................................. 39 7.3 Statutory Instruments ........................................................................................................ 39 7.4 EU Legislation .................................................................................................................. 39 7.4 Books ................................................................................................................................. 39 7.5 Official Publications ......................................................................................................... 40 7.6 Book Chapters ................................................................................................................... 41 7.7 Journal Articles ................................................................................................................. 42 7.7 Internet Sources ................................................................................................................ 45 7.8 Conference Papers ............................................................................................................ 45 Appendix A – Publications……………………………………………………………………………………………..……46 10 Lessons for New Clinicians…………………………………………………………………………………..47 Client Funding…………………………………………………………………………………………………………..53 Interviewing and Advising……………………………………….………………………………………………..65 ii Law Student Attitudes towards Pro Bono and Voluntary Work: The Experience at Northumbria University……………………………………………………………………………………………84 Litigants in Person: Is there a role for Higher Education…………………………………….…124 The European Network of Clinical Legal Education: The Spring Workshop 2015.….132 Further Developing Street Law……………………………………………………………….………………154 Pro Bono: What’s in it for Law Students? The Students Perspective…………………..…..157 Can Social Justice Values be Taught Through Clinical Legal Education?.................195 If We Could Instil Social Justice Values through Clinical Legal Education, Should We………………………………………………………………………………………..........................222 Appendix B – Co-author Declaration Forms…………………….………………………………………………259 Angela Macfarlane………………………………………………………………………………………………….260 Sarah Morse………………………………………………………..………………………………………………….261 Rachel Dunn………………………………………………………..………………………………………………….262 Sarah Morse………………………………………………..………………………………………………………….263 Elaine Hall………………………………………………………………………………………………..……..…….264 iii Acknowledgements I have had the privilege to work with some amazing and supportive colleagues from all around the world who whether consciously or sub-consciously have influenced my work, challenged my perspectives and allowed me to develop as a professional and as a person. Whilst I will not cite everyone, for fear that I may miss some, there are a few people who deserve a special mention. Of course, I should begin with Professor Elaine Hall who has provided incredible support as my supervisor with the odd, “just submit it!” whilst I have ‘tweaked’ away. Dr Rachel Dunn, the Apprentice who became the Master, for providing valuable insight and being an excellent drinking buddy. Caroline Hood and Sarah Morse with whom I shared an office for so many years and who have politely listened to me banging on about this and that and offering some fresh perspective. I would also like to thank everyone at Northumbria University for their support including the administrative staff and the examining team for making this possible. I would like to thank my family for just being there. My partner, Clare, my mum, Teresa and my sisters, Claire, Edel, Catherine and Victoria. Finally, I would like to acknowledge and thank those who have had such a profound influence on my life but are no longer here. My nanna and granddad, Jeanne and Marty, and my dad, Frank. You have all shaped the person who I am today. THANK YOU! iv List of Publications 1. Macfarlane A and McKeown P, '10 Lessons for New Clinicians ' (2008) 13 Int'l J Clinical Legal Educ 65 2. McKeown, P, ‘Client Funding’ in Kevin Kerrigan and Victoria Murray (eds) A Student Guide to Clinical Legal Education and Pro Bono (Palgrave Macmillan 2011) 3. McKeown, P, ‘Interviewing and Advising’ in Kevin Kerrigan and Victoria Murray (eds) A Student Guide to Clinical Legal Education and Pro Bono (Palgrave Macmillan 2011) 4. McKeown P, 'Law Student Attitudes towards Pro Bono and Voluntary Work: The Experience at Northumbria University' (2015) 22 Int'l J Clinical Legal Educ [vi] 5. McKeown P and Morse S, ‘Litigants in Person: Is there a role for Higher Education’ (2015) 49(1) Law Tchr 122 6. Dunn, R & McKeown, P, ‘The European Network of Clinical Legal Education: The Spring Workshop 2015’ (2015) 22(3) Int'l J Clinical Legal Educ 312 7. McKeown P and Morse S, ‘Further Developing Street Law’ in Chris Ashford and Jess Guth (eds) The Legal Academic’s Handbook (Palgrave 2016) 8. McKeown, P. (2017) ‘Pro Bono: What’s in it for Law Students? The Students Perspective’ (2017) 24(2) Int'l J Clinical Legal Educ 43 9. McKeown P, ‘Can Social Justice Values be Taught Through Clinical Legal Education?’ in Chris Ashford and Paul McKeown (eds) Social Justice and Legal Education (Cambridge Scholars Publishing 2018) 10. McKeown P and Hall E, 'If We Could Instil Social Justice Values through Clinical Legal Education, Should We' (2018) 5 J Int'l & Comp
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