systems, financial control and fundraising techniques. The interim training for the pilot project already in progress (see para 3.8 above), will be undertaken relying on local resources.
6.3 Law Clinic Manual: A Law Clinic manual, for use by both staff and students, will be developed
in the course of 2003 under the direction of Mr Sitoi and Ms Vieira. The manual will include the Law Clinic’s policy statement and objectives; Clinic procedures and guidelines; the client indemnity form (see para 4.5 above too); detailed daily and weekly timetables; a list of referral agencies and useful addresses; examples of consultation sheets, referral forms and client detail forms; relevant Bar association (OAM); rules; the IPAJ instruction guide; course syllabi and requirements; and selected extracts of relevant statutes. A copy of the Professional Training manual of the CLC (University of Natal, Durban) has been fully discussed with Law Clinic staff, and given to Mr Sitoi as a model to be adapted for the UEM Law Clinic.
7. Law Clinic infrastructure and administration:
7.1 Law Clinic office and equipment:The UEM Law Clinic is housed in one big office in the Law
Faculty building . The office equipment comprises two desks, two computers, two filing cabinets and assorted loose items of furniture. Other offices in the building are available for temporary use during new –client clinics on Fridays (due to start in April- see para 3.5 above).
7.2 Administrative staff:Currently there are no administrative staff dedicated to the Law Clinic,
and most administrative tasks will have to be done by staff and students. The director of the Law Faculty, Ms Ribeiro, has agreed to consider a job-sharing arrangement, whereby existing administrative staff could be tasked with taking messages for Law Clinic staff and students on a dedicated telephone line.
7.3 Stationery:All stationery is currently provided by the Law Faculty. As budgets are already badly stretched, only essential, basic materials are provided.
7.4 Job descriptions:The Law Clinic staff, under the direction of Mr Timbane, are in the process of
compiling detailed job descriptions for the Law Clinic staff, staff assistant volunteers and firm managers, to ensure proper functioning and accountability.
8. Marketing and Fundraising:
8.1 Marketing:The initial marketing of the Law Clinic will be low-key, relying on referrals from the
Mozambiquan Human Rights League, and word-of-mouth, to inform members of the public of the new service. During the pilot programme (April to November 2003), a more comprehensive marketing plan can be developed for implementation in 2004. The plan will include public information seminars, regular articles in widely-read newspapers (e.g. Noticias), and single-page pamphlets on topics on which the public need legal guidance (these pamphlets can be adapted from papers prepared by Law Clinic students for course credits- a model successfully used at the Howard College School of Law).
8.2 Fundraising: During the period of the pilot project, targeted fundraising should commence to
ensure the long-term sustainability of the Law Clinic. In this regard, the assistance of AULAI will be very helpful.
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9. Recommendations:
9.1 Pilot project:That the UEM Law Clinic should run as a pilot project from March to November
2003, and that Law Clinic activities should be limited to giving advice; referrals; and doing letters, representations and negotiations on behalf of clients (i.e., no court work or processes in this period), and that the expansion of activities be considered after November 2003, taking into account factors such as finance, capacity, etc;
9.2 Conferences: That at least two members of the UEM Law Clinic staff be assisted to attend the
African Clinical Law Conference (23-27 June 2003), and the Society of University Teachers’ congress (which includes the AULAI general meeting and Clinical Law programmes)- 30 June- 2 July 2003;
9.3 Exchanges: That during the period July 2003 to February 2004, exchanges be arranged
(perhaps through AULAI) between selected members of UEM Law Clinic and experienced South African Clinical lawyers. In addition to Law Clinic exchanges, a study tour by Mr Sitoi to the School for Legal Practice in Durban would be very valuable, given the absence of formal vocational legal training in Mozambique;
9.4 Training: That UEM Law Clinic staff be assisted to acquire the training outlined in para 6.2 below, and, in particular, that specialised training in fundraising methodology be made available to selected staff members;
9.5 AULAI membership: That the UEM Law Clinic become members of the Association of
University Legal Aid Institutions as soon as possible; and
9.6 Programme of Action: That the UEM Law Faculty and Law Clinic arrange a workshop early in
2004 to agree on a five-year plan of action for the UEM Law Clinic.
10. Concluding comments:
The enthusiasm and commitment of the UEM Law Faculty and staff to implement and make a success of their fledgling law clinic, in the face of severe budgetary constraints, is laudable, and should be given every encouragement.
The establishment and expansion of law clinics in Mozambique in the wake of UEM’s pioneering work could play a major role in establishing a caring, human rights-based culture among Mozambiquan law students and lawyers.
Professor Robin Palmer
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CHAPTER 6: GOVERNANCE AND MANAGEMENT OF THE LAW CLINIC
Contents:
6.1 Relationship with Law Faculty and/or Other Bodies 6.2 Legal Status of the Clinic
6.3 Governance
6.4 Legal Agreements
6.5 Compliance with Legislation
6.6 Risk Management
6.7 Internal Controls and Checks
6.8 Value for Money
Outcomes:
By the end of this chapter you will be able to structure and direct the governance and management of a law clinic.
6.1 Relationship with law faculty and/or other bodies
The law clinic may operate as an independent entity, with its own constitution, budget and legal status. On the other hand, the law clinic may be a sub-division or department of another body, for example, a university law clinic that forms a constituent part of that university’s law faculty. In between these two extremes, there are various hybrid models of association, for example, the law clinic may operate as an independent body with its own constitution, and yet be in a contractual association with another entity. (This association is known as an “affiliation” – e.g., the law clinics letterhead will indicate “affiliated to University X”.
The nature of the law clinics relationship to other bodies will often determine its choice of legal status and structure.
6.2 Legal Status of the Clinic
Depending on the laws of the country in with the law clinic is situated; there are various legal structures that may be considered for adoption by the law clinic concerned. The legal structure decided upon will often be influenced by the law clinic’s desire for independence; exposure to taxation; the requirements of outside funders and donors, the function and strategic objectives of the law clinic (for example, if the law clinic offers a full legal services, the bar association or law society of the country concerned may require a specified legal structure).
For example, In South Africa most university law clinics operate as constituent parts of the law faculties of their respective universities. Many other law clinics and paralegal organizations operate as independent legal entities, usually as non-profit organizations (NPOs)116, non-profit companies117,