Even with that faculty backing, I always suspected that some of my colleagues did not really understand the program—one of them praised clinics for teaching students what line to stand on to file papers in court. In reality, our students were in the front of the courtroom every day: speaking on the record, representing clients, negotiating dispositions, and even conducting hearings and trials.
The 1980s and 1990s were a period of rapid growth for the program in all respects, accomplished with solid backing from Dean David Trager and considerable outside funding from federal, state, and local grantors, as clinical education found acceptance and support nationwide. We took advantage of that support to grow and experiment, increasing the size of the clinical faculty, providing them with job security, and adding programs taught by enthusiastic adjuncts. We started our flagship Federal Litigation Clinic, provided legal services to the elderly, assisted asylum seekers and consumer debtors, and introduced our students to mediation.
Even though Brooklyn Law School clinics have been around for 50 years, we are still maturing and growing, attesting to the eternal energy and unceasingly inventive spirit of our program and the people who teach in it. In addition to in-house clinics, our extensive externships take our students throughout the metropolitan area and beyond, where their off-campus work is supported by a creative and demanding seminar curriculum.
Like education in other applied fields, such as medicine, legal education now has distinct features—theoretical and practical—that are both separate and overlapping. It is safe to say that, now, no law school can survive competitively without a robust clinical legal education program. Many doctrinal faculty members, once clinic students themselves, recognize the value of more active learning, addressing an issue “in role,” and translating rules and theory into living documents with a purpose.
Yet even after its near-universal acceptance, the value of a clinical education was misperceived as the teaching of only practical skills such as interviewing, counseling, and witness examination. This ignored all of the other learning that was taking place, such as problem solving, planning, case theory development, fact investigation, decision making, resilience, parallel thinking, and dealing with difference. In addition, all students benefit from the experience of taking responsibility while working in a safe setting where they can take their time and learn from their missteps.
Our students do not follow identical career paths; we are not training “housing lawyers,” “employment lawyers,” or “immigration lawyers.” A highly supervised, reflective learning experience is transformative regardless of the specific careers our students pursue. We hope to inculcate solid work habits, encourage questioning minds, and implant values that make our students thoughtful, respectful, empathic, and generous lawyers.
We try to ensure that every student will have a meaningful educational experience that will further their professional growth. We retain our commitment to both finding legal solutions for our clients and inculcating in our students a lifelong sense of their social responsibility to question what they see and encounter, to advocate to achieve client goals, and to do so ethically.
Regardless of the subject matter of the particular clinic, our students must relate to clients with very different backgrounds and problems, both legal and nonlegal. They are taught to treat our clients with dignity and empathy, and understand circumstances outside of their personal experience. Our students go to prisons and jails, to clients’ homes and neighborhoods, to hospitals and nursing homes. There, they see the origins of legal problems, learn the roles that a lawyer can play, and, sometimes, learn how to step back and help from the sidelines as needed.
As the Law School celebrates 50 years of clinical education in 2020, I see a solid, mature program that continues to grow. Students who worked in our earliest clinics in the 1970s and early 1980s might not recognize the variety and sophistication of our programs today, but our core is steadfast. We help ensure that our graduates become conscientious, caring, and competent attorneys, while making the world a better place—at least legally—for the people we help.
Imagining the future is not very difficult, as long as we continue to provide a place for students to learn the skills and values of our profession and to address and respond to the never-ending lack of legal resources in our community in innovative ways. We can celebrate this impressive past and look forward to years more of exciting accomplishments.
She has been the president of the Clinical Legal Education Association and served on the board of editors of the Clinical Law Review. She is a member of the Judge Robert A. Katzmann New York Immigrant Representation Study Group and has served as a peer reviewer for the U.S. Fulbright Commission. She has consulted on clinical education with law schools in Hong Kong, Ireland, and former Soviet countries.
Caplow previously served as Special Assistant U.S. Attorney in the Civil Division in the Eastern District of New York, and as director of training and chief of the criminal court bureau in the Kings County District Attorney’s Office. She was also a staff attorney with the Legal Aid Society.