CHAPTER 8

Clinical Legal Education in Singapore

Rathna N. Koman and Helena Whalen-Bridge

Introduction
Law schools have traditionally confined themselves to the academic instruction
of law, but recent curriculum development, around the world and in Singapore,
represents a paradigm shift in goals and methods of instruction. Clinical legal
education (CLE) programs have become an established feature of the Singapore
law school curriculum, in order to, inter alia, instill legal professionalism in stu-
dents and fulfill an institutional responsibility toward indigent needs.
This chapter considers the two Singapore law schools’ alternative approaches
to CLEs, molded and dictated by their respective university core values and
pedagogy. First, the provision of funded legal services to indigent persons is con-
sidered. Second, the development of legal education and its historical origins
are discussed. Third, CLEs and relevant case studies are considered. Fourth, the
question of whether these programs have importance beyond pedagogical value,
and the potential impact of programs on the profession, students, and the com-
munity regarding issues of social justice, are considered.

Provision of Legal Aid and/or Representation to Indigent

Persons in Singapore
Singapore is not a welfare state. Funded legal aid, state or otherwise, is available
only under limited circumstances.

State-Funded Legal Aid and/or Representation

For civil cases, state-funded legal aid is governed by the Legal Aid and Advice
Act (LAAA). Indigents qualify if the threshold disposable income and capital

S. P. Sarker (ed.), Clinical Legal Education in Asia

© Shuvro Prosun Sarker 2015
138 ● Rathna N. Koman and Helena Whalen-Bridge

are that of $10,000 each per annum1 (the means test), and if they have shown
‘reasonable grounds’ for taking or defending the action2 (the merits test). Appli-
cants are required to pay a contribution toward the costs of work done, usu-
ally not exceeding $1,000.3 Amendments were made to the means test in 2013
that expanded existing income limitations and added new deductibles,4 thereby
increasing coverage to a wider section of the population and/or offsetting higher
costs of living.5 LAAA does not provide for criminal legal aid.6 Generally, there
is no generic state-funded criminal legal aid. State-funded counsel is provided
when an accused is facing a capital charge in the Supreme Court,7 or when the
Chief Justice considers it to be in the “interests of justice” in noncapital criminal
appeal cases,8 although government contributions to criminal legal aid have been
expanded recently.9 In summary, the granting of legal aid to indigent persons in
Singapore, notwithstanding recent expansions, is circumscribed.

Non-State-Funded Legal Aid or Representation

Legal advice to indigent persons is supplemented by community legal clinics run
by the Singapore Law Society Pro Bono Office (PBSO), the Singapore Manage-
ment University Pro Bono Centre (SMU Pro Bono Centre),10 private practitio-
ners, and various private organizations.11
In community legal clinics, volunteer lawyers render legal advice without
undertaking full legal representation. These clinics aim to assist indigent per-
sons by dispensing legal advice. If private practitioners decide to take up these
cases pro bono, disbursements, including court fees, remain the liability of the
indigent.12 Disbursements so paid can be substantial in amount and may not be
within the reach of an impecunious individual.
Additionally, Criminal Legal Aid Scheme (CLAS), a pro bono initiative set up
by the Singapore Law Society in 1985,13 renders legal advice and representation14
to all impecunious defendants regardless of nationality.15 Applicants are sub-
jected to a means test. The scheme was historically sourced by volunteer lawyers
and assisted by student volunteers from law schools of both universities. Recently
expanded government contributions mean that lawyers will receive modest hon-
orariums, and law firms will second or sponsor lawyers to work full-time at the
Pro Bono Services Office.16 The efforts of CLAS are also supplemented by the
Association of Criminal Lawyers, an organization registered under the Societies
Act, whose members provide pro bono assistance for criminal cases.17
Indigents who are not covered by state-funded legal aid but who present
exceptional circumstances18 also qualify for legal representation under the PBSO
Ad Hoc Pro Bono Referral Scheme. These indigents are referred by the Court or
volunteer lawyers who render legal advice at community legal clinics.19

Challenges to Access to Justice in the Singapore Context

Individuals who require more than just the free legal advice provided in legal clin-
ics or who are within the “sandwich class”20 are entirely dependent on pro bono