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Structures and Practices of University-Based Legal Aid Clinics in
Malaysia and the United States
An-Nur Sofiya Ardina Mohd Tajuddin
1
*, Qurnea Hasmy Edy Hasmy
2
, Puteri Elena Atheera Shamsul
Izwan
3
, Erney Nur Khalishamila Adnan
4
, Nurus Sakinatul Fikriah Mohd Shith Putera
5
,
Mastika Nasrun
6
Faculty of Law, Universiti Teknologi MARA, 40450 Shah Alam, Selangor, Malaysia
*Corresponding Author
DOI: https://dx.doi.org/10.47772/IJRISS.2025.903SEDU0699
Received: 06 November 2025; Accepted: 12 November 2025; Published: 28 November 2025
ABSTRACT
Clinical Legal Education (CLE) has become a defining element of contemporary legal training, transforming
how law schools prepare students for professional practice. Traditional doctrinal teaching, while foundational,
has long been criticized for its limited capacity to equip future lawyers with the skills, ethics, and social
awareness necessary for effective lawyering. CLE bridges this gap by embedding students in real or simulated
legal settings where they can apply substantive law, engage with clients, and confront ethical dilemmas firsthand.
Legal aid clinics—often hosted within universities— represent the most prominent form of CLE, simultaneously
serving pedagogical and social justice functions. They provide law students with structured, experiential learning
while extending legal assistance to underserved communities, thereby advancing the global commitment to
access to justice under Sustainable Development Goal 16.
This paper provides a comparative analysis of university-based legal aid clinics in Malaysia and the United
States, examining how their structures, operations, and pedagogical goals reflect differing institutional and legal
traditions. Employing a qualitative and comparative methodology, the study draws on scholarly literature,
institutional reports, and academic commentaries to map the organization, curriculum integration, and student
participation models in both jurisdictions. Findings indicate that while both systems recognize the pedagogical
value of clinical education, their levels of institutionalization differ markedly. In the United States, CLE is a
wellestablished and mandatory component of legal education, supported by accreditation standards and
evaluated through learning outcomes. In contrast, Malaysian legal aid clinics remain largely cocurricular, relying
on voluntary participation with limited academic credit and inconsistent integration into the law curriculum.
Despite these structural differences, both countries share a commitment to cultivating law studentsprofessional
identity, ethical competence, and community engagement through practical exposure. The comparative analysis
underscores that Malaysia’s CLE framework can be strengthened by embedding legal aid clinics into formal
curricula, supported by clear policies, supervision protocols, and sustainable funding models. Drawing lessons
from the U.S. experience, the paper concludes that integrating CLE as an assessed academic component will not
only enhance the quality of legal education in Malaysia but also reinforce the role of universities as agents of
social justice and civic responsibility.
Keywords: legal education, experiential learning, legal aid clinic, community engagement, curriculum
INTRODUCTION
Clinical Legal Education (CLE) has emerged as a cornerstone of modern legal training, offering students the
opportunity to bridge the gap between legal theory and practical application. There is growing recognition that
traditional, lecture-based teaching alone cannot sufficiently prepare future lawyers for the realities of legal
practice (Farber, 2024). Clinical legal education addresses this gap by placing students in real or simulated legal
environments, fostering experiential learning and the development of a professional identity. A professional
identity focuses on what it means to be a lawyer and the special obligations that lawyers have to their clients and
society. The development of a professional identity should involve an intentional exploration of the values,
INTERNATIONAL JOURNAL OF RESEARCH AND INNOVATION IN SOCIAL SCIENCE (IJRISS)
ISSN No. 2454-6186 | DOI: 10.47772/IJRISS |Volume IX Issue XXVI November 2025 | Special Issue on Education
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guiding principles, and well-being practices considered foundational to successful legal practice (Hamilton &
Bilionis, 2022). David I. C.
Thomson emphasizes that faculty can use experiential learning “to develop professional identity by equipping
students to navigate the ways in which their personal identity and lived experience impact their lawyering.
(Thomson, 2015). By engaging with real clients and legal challenges, students are encouraged to reflect on their
values, biases, and roles within the justice system that not only develops technical proficiency but also the ethical
grounding essential for responsible legal practice (Wizner, 2002). Legal clinics aim to enrich legal education by
immersing students in practical knowledge and training them in core legal skills such as interviewing clients,
oral advocacy, legal writing, court pleadings, drafting memoranda, and conducting legal research and analysis
(Bentalha, 2024).
Thus, legal clinics represent one of the most prominent forms of applied legal education. Moreover, legal clinics
also promote access to justice and legal empowerment, supporting the United Nations Sustainable Development
Goals, particularly Goal 16, which advocates for peace, justice, and strong institutions. This paper conducts a
comparative analysis of clinical legal education through legal aid clinics in Malaysia and the United States.
While Malaysia and the United States recognize the pedagogical value of CLE, their approaches differ in
structure, integration, and student engagement. Through this comparison, the study aims to highlight both shared
practices and unique challenges, offering insights into how legal aid clinics can be optimized as platforms for
experiential learning and social justice.
RESEARCH METHODOLOGY
This research employs a qualitative and comparative approach, mostly based on an extensive analysis of
secondary sources. The methodology encompasses a comprehensive analysis of scholarly journal articles from
esteemed sources, academic critiques, and reliable law school websites. The aforementioned materials were
comparatively examined to legal concepts, scholarly perspectives, and expert discussions on legal aid clinics in
Malaysia and the United States to analyse the distinctions and commonalities in the practices and conceptual
frameworks of Malaysia and the United States.
LITERATURE REVIEW
The establishment and evolution of universitybased legal aid clinics cannot be understood in isolation from
broader developments in legal education and access to justice movements. The literature on Clinical Legal
Education (CLE) reveals its dual purpose: to serve as a pedagogical innovation that develops practical
competencies among students, and as a mechanism for social justice that ensures access to legal assistance for
marginalized communities. Early scholarship on CLE emphasized its transformative capacity in legal training
shifting the focus from rote learning to experiential, reflective, and client-centred practices. Recent studies have
expanded this discussion to include its role in advancing professional identity, ethical reasoning, and civic
engagement among future lawyers.
In Malaysia, existing literature has primarily focused on the evolution of legal aid institutions and their role in
enhancing public access to justice. However, fewer studies examine how law schoolbased clinics function within
the academic ecosystem. In contrast, the U.S. scholarship on CLE offers extensive documentation of institutional
models, accreditation mechanisms, and outcome-based evaluations. This section, therefore, situates the
comparative discussion within existing scholarly debates on CLE’s objectives, its varying structural and
pedagogical designs, and its implications for both student learning and community empowerment.
The establishment of legal aid clinics worldwide is influenced by several factors. One of the primary reasons is
to provide assistance to the poor and less fortunate citizens who require legal representation or are facing legal
issues. Governments recognize that legal representation can be costly, and not all groups of citizens can afford
it. Another important factor in establishing legal aid clinics is to assist law students in applying their legal skills
and broadening their knowledge of the law. By providing legal aid clinics in universities, students can participate
in hands-on learning and gain exposure to real-life cases.
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Therefore, the development of legal aid clinics arose from the understanding that, without access to legal
assistance, many individuals would be vulnerable and at risk of having their rights violated or ignored (Ab.Wahab
& Khairi, 2020).
Legal aid clinic services and assistance in Malaysia are typically restricted to Malaysian citizens, meaning that
refugees and migrant workers do not have access to such services (Ab. Wahab & Khairi, 2020). Legal aid
providers in Malaysia are divided into two sectors: private legal aid schemes and government-led initiatives, the
latter of which was introduced under the Legal Aid Department established in 1970 (Ab.Wahab & Khairi, 2020).
The legal aid framework in Malaysia is governed by legislation, specifically the Legal Aid Act 1971, which was
later amended by the Legal Aid (Amendment) Act 2017 (Tri et al., 2025). However, it is important to note that
not everyone receives free legal aid, as a registration fee may be imposed by the Director General of Legal Aid
(Tri et al., 2025).
Reflecting on Malaysia’s legal aid structures, government-led legal aid consists of three main bodies: the Legal
Aid Department (LAD), formed in 1970; the Malaysian Bar Council’s Legal Aid Centre (LAC), founded in
1982; and the National Legal Aid Foundation (NLAF), established in 2011. Each of these bodies has its own
eligibility requirements, determined by the Means and Merits Tests. The Means Test determines whether an
applicant is financially eligible for legal aid, ensuring that services are provided only to those with low income.
For example, the LAD only accepts applicants with an annual income of not more than RM25,000. Applicants
earning between RM25,000 and RM36,000 may still qualify but are required to pay a small contribution fee (Tri
et al., 2025). The Merits Test, on the other hand, assesses whether the case itself warrants legal aid, ensuring that
limited legal resources are not expended on hopeless or frivolous cases (Tri et al., 2025).
As mentioned, the three main government-led legal aid bodies serve different functions. The LAD provides civil
and limited criminal representation, as well as mediation and legal advice. Applicants must pass both the Means
and Merits Tests. Officers and staff are appointed by the government, with branches across most states and
districts in Malaysia. In contrast, the LAC handles pro bono cases for the poor and marginalized, focusing on
both civil and criminal matters. Each state has its own LAC organized by the Bar Council, and these centres are
staffed mostly by volunteer lawyers, pupils-in-chambers, and interns. Ultimately, the NLAF primarily focuses
on criminal legal aid, ensuring that every accused person has access to legal representation. Its eligibility is
broader than the LAD or LAC, as it is available to all arrested persons regardless of income. The NLAF is run
by a Board of Trustees, and its lawyers are paid by the government for their services (Tri et al., 2025).
In addition to these, there are also non-government legal aid clinics in Malaysia, mainly operated by universities
and law schools. These clinics offer free or low-cost legal services to low-income individuals and are operated
by the legal aid organization within each university, comprising students, professors, lecturers, paralegals, and
lawyers (Li & Isa, 2023). The legal matters addressed by these clinics include civil law, criminal law, human
rights, consumer law, housing, employment, health law, immigration, and disability law, although each university
differs in the types of cases it handles. Services typically include legal advice, representation, advocacy, and
educational workshops on legal matters. Community-based initiatives also play a role in non-government legal
aid, with organizations of volunteer lawyers providing free or low-cost legal advice. Thus, non-government-led
legal aid in Malaysia is delivered through law school clinics and community-based initiatives, with a focus on
providing free or affordable services, promoting experiential learning, and empowering the poor (Li & Isa, 2023).
In comparison, the legal aid structure in the United States (US) differs from that in Malaysia. Legal aid in the
US is divided into three main bodies. First, the Legal Services Corporation (LSC), established by Congress in
1974, does not directly handle legal cases; instead, it provides funding to local legal aid organizations nationwide.
It focuses exclusively on civil legal aid for low-income Americans, covering areas such as housing, family law,
consumer issues, and public benefits (Rønning & Hammerslev, 2018). Second, the Public Defender System,
created under the Sixth Amendment right to counsel and the Supreme Court decision in Gideon v. Wainwright
(1963), provides criminal defense to individuals who cannot afford legal representation.
Not all states have statewide Public Defender Offices; in states without them, county-level defenders or court-
appointed lawyers provide the service. Lastly, the US also has non-governmental and community legal aid
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organizations, such as Legal Aid Societies, Pro Bono Programs, and Law School Clinics. These organizations
focus on civil rights, immigrants, domestic violence victims, housing, and employment issues (Rønning &
Hammerslev, 2018). Nongovernmental legal aid in the US is often based at universities and NGOs, run by private
lawyers and law students. The aim is to provide legal aid to vulnerable groups and offer students experiential
learning opportunities. Overall, legal aid in the US operates through a decentralized system, where states and
counties design their own models, but all are tied to constitutional guarantees and federal funding (Rønning &
Hammerslev, 2018). This paper focuses on a comparative examination of the structures and frameworks of legal
aid clinics operated by universities. The discussion highlights key aspects, including curriculum integration, the
range of legal services offered, the extent and nature of student participation, and the requirements for
involvement in these clinics. By examining these elements, the paper seeks to offer insights into how various
models of university-based legal aid clinics operate and contribute to both legal education and access to justice.
FINDINGS AND DISCUSSION
The following section presents the findings of the comparative analysis between Malaysia and the United States,
emphasizing how university-based legal aid clinics are structured, administered, and integrated within law
school curricula. It examines the degree of institutionalization of Clinical Legal Education (CLE), the nature of
student participation, and the supervisory frameworks that ensure quality and accountability. By analyzing these
components, the discussion highlights how different legal, cultural, and educational contexts shape the role of
legal aid clinics as both learning environments and mechanisms for delivering justice. The analysis further
identifies the strengths and limitations of each model, providing insights into how Malaysian law schools can
refine their clinical programs by drawing from the more mature U.S. approach. Ultimately, this comparison
seeks to illuminate pathways for developing a more structured, pedagogically sound, and socially responsive
CLE framework in Malaysia.
A. Assessing Integration into Law School Curricula
In Malaysia, CLE is still in its developing phase. There is a dearth of empirical data reviewing the setup of CLE
in public law schools in Malaysia and assessing its role as a teaching and learning strategy in legal education
(Musa & Nawi, 2021). In Malaysia, clinical programs began more than twenty years ago at Universiti Teknologi
MARA, where final-year students learned lawyering skills through a simulated program requiring them to work
in a mock legal firm or clinic. But, there was no consistent clinical legal education model that provided both a
social justice mission and simultaneously integrated the program into an accredited legal education course
(Lasky & Nazeri, 2011).
Legal aid clinics are often housed under cocurricular or extracurricular structures. For instance, law faculties at
Universiti Teknologi MARA, the International Islamic University Malaysia, and the University of Malaya run
legal aid clinics that enable students to provide legal assistance under supervision. While participation is
encouraged, it is often not tied to academic credit, and CLE is rarely offered as a formal course module. Some
universities are slowly piloting CLE modules as part of final-year projects or electives; however, such offerings
remain inconsistent across institutions. In recent years, Malaysia has seen a growing commitment to integrating
Clinical Legal Education (CLE) into its law schools. This is especially evident in the increasing number of legal
aid clinics established by both public and private universities, aiming to provide free legal consultation and
advice to members of the public who cannot afford professional legal services (Tengku Maimun, 2024). These
clinics serve a dual function, addressing access to justice while enhancing students legal training.
As highlighted by the former Chief Justice of Malaysia, Tun Tengku Maimun binti Tuan Mat, during her keynote
speech at the Malaysian Law Students Legal Aid Convention 2024 (MALLAC, 2024), legal aid clinics provide
students the invaluable opportunity to deliver legal services under professional supervision (Tengku Maimun,
2024). These settings allow students to deepen their legal knowledge, apply it in real-life scenarios, and develop
core competencies such as client interviewing, legal writing, and case analysis. Where direct assistance is not
possible, students are trained to refer clients to appropriate legal bodies or organizations (Tengku Maimun, 2024).
For instance, at the UiTM Legal Aid Clinic, students volunteer alongside qualified mentors to offer free and
confidential legal aid.
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The clinic serves as both a hub for free legal aid services and a hands-on learning platform for law students to
develop their skills while giving back to society. This initiative provides hands-on learning while fostering a
strong sense of civic responsibility among students. Similarly, Klinik Bantuan Guaman Universiti Malaya
(KBGUM) is managed by final-year law students under the supervision of academic staff and professional
lawyers. Clients are offered a structured consultation process, which includes case evaluation and legal advice,
with referrals made to the appropriate legal bodies where necessary. However, in Malaysia, academic credit for
participation in legal clinics is not yet consistently formalized across all institutions. Many legal aid clinics
operate more as cocurricular or voluntary platforms. This means students may not always receive formal
academic recognition for the valuable experiential learning they undertake.
Legal clinics in the United States, on the other hand, are typically integrated into the formal legal curriculum and
often carry academic credit. Students enrolled in clinical programs are expected to meet rigorous standards,
maintain reflective journals, and participate in faculty-led seminars in conjunction with their fieldwork. These
programs are regarded as core components of legal education, and their contributions to student development
are recognized institutionally. The United Statesmodel of Clinical Legal Education (CLE) is more established
and institutionally integrated. CLE in the U.S. is not merely an optional extracurricular activity; it forms a core
part of legal education, carrying academic credit and fulfilling American Bar Association (ABA) experiential
learning requirements. At many American law schools, CLE programs are formalized, credit-bearing, and highly
structured. Students are entrusted with actual legal responsibilities, often engaging in client representation,
conducting legal research, advocating on behalf of clients, and attending court appearances, all under the
supervision of experienced faculty or legal professionals.
For example, at the Harvard Legal Aid Bureau (HLAB), students commit to a two-year academic and clinical
program, devoting a minimum of 20 hours per week to legal practice and representing low-income clients in
civil matters across courts, administrative bodies, and legislative settings. Under the guidance of seasoned
clinical instructors, students are given the opportunity to manage cases from initial assessment to final resolution.
At Emory Law School, clinical education is aligned with the ABA’s Six-Credit Experiential Learning
Requirement. Courses fulfilling this requirement include in-house clinics, externships, simulation courses, and
trial techniques. Only courses listed on the official “Approved List are recognized for experiential credit,
underscoring the law school’s commitment to rigorous experiential learning.
In the United States, continuing legal education (CLE) accreditation is governed by individual states. Each state
establishes its own regulations and guidelines that determine which activities and types of instructional material
are eligible for CLE credit. This decentralized approach means there is no universal accreditation system for the
entire country. Instead, CLE credit is approved through state bar associations or other state-level bodies, not
directly through the university's primary accreditation. As a result, universities and other CLE providers must
individually apply for course accreditation in each state where they wish to offer it, providing comprehensive
documentation and adhering to the specific regulatory criteria of that state.
In Malaysia, the landscape of accreditation presents notable differences. The Malaysian Bar Council does not
provide direct accreditation to university law degrees. Instead, the responsibility for recognizing academic
qualifications necessary for entry into the legal profession lies with the Legal Profession Qualifying Board
(LPQB). Universities in Malaysia are subject to institutional and programme accreditation through the
Malaysian Qualifications Agency (MQA).
Clinical Legal Education (CLE) programmes that form part of a fully accredited law degree at Malaysian
institutions are duly recognised under the Malaysian Qualifications Agency (MQA) framework. MQA
accreditation applies to the academic programme in its entirety, thereby encompassing all core and elective
components, including CLE. This ensures compliance with national quality standards and educational
benchmarks. The University of Malaya (UM), for example, has successfully incorporated an MQAaccredited
CLE programme into its law curriculum.
Within this structure, the Legal Aid Clinic (Klinik Bantuan Guaman Universiti Malaya, KBGUM) is likewise
subject to MQA’s quality assurance mechanisms, confirming its integration as a formally accredited component
of the degree.
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B. Student Participation and Requirement
Notably, there are specific criteria for students to participate in the Legal Aid Clinics offered by universities or
law schools. In Malaysia, students accepted are typically from the Bachelor of Laws (LLB) or Bachelor of
Syariah and Law programs. It is emphasized that students from other bachelors degree programs are not allowed
to join. However, some universities occasionally permit students from the Diploma in Judicial Administration
and Islamic Law to participate, although this is rare (Saidon et al., 2023). Each student participating in the legal
aid clinic has a defined role and responsibility.
For instance, they assist in meetings between lecturers and clients, organize files and cases according to case
numbers, liaise with clients regarding appointments, organize programs to promote legal services, and take notes
on the facts of each case. The roles of students vary depending on the organizational structure of each universitys
legal aid clinic, as different institutions adopt different approaches (Saidon et al., 2023). Nevertheless, what most
universities have in common is that all students participating in the clinic must maintain strict confidentiality.
Students are prohibited from sharing any information regarding the cases discussed and are required to sign a
Non-Disclosure Agreement (NDA) to prevent the leakage of information. Their responsibilities also include
upholding professionalism at all times in terms of dress code, attitude, and ethics, as the legal aid clinic functions
as a formal office that receives clients; therefore, maintaining a professional image is crucial.
The legal aid clinic is not managed solely by students. Instead, students are supervised by lecturers, legal
academics, and practicing lawyers. This is necessary because students are not yet qualified to handle legal matters
independently; therefore, strict supervision is enforced. Many university-based clinics collaborate with the
Malaysian Syariah Lawyers Association or local legal practitioners to ensure proper supervision and to expose
students to legal education beyond their university environment (Saidon et al., 2023). In comparison, the criteria
for law students in the United States differ. Firstly, only students who are in their second year (2L) or above are
allowed to participate, meaning first-year students are not eligible.
All students must complete foundational law courses before applying to join a legal aid clinic. They must go
through an application process and obtain approval from the faculty, not directly from the clinic. Additionally,
some clinics only accept students in good academic standing. The roles of students in U.S. clinics include client
interaction, legal research and drafting, representation in certain cases, advocacy, and community outreach. The
fact that students are permitted to appear in court in some cases highlights a clear contrast with Malaysia’s legal
aid clinics, where students are not allowed to represent clients or appear in court. Similar to Malaysia, the
responsibilities of U.S. students in legal aid clinics include maintaining confidentiality, as they are not permitted
to disclose case information. Students must also remain professional at all times while on duty, since the clinic
is treated as a professional office, where informal dress codes or casual language are not tolerated. They are
further required to stay organized in handling case files, as proper record-keeping is essential.
Supervision in U.S. clinics is also strict, aligning with Malaysias model. Students are closely monitored by
clinical professors, lecturers, or lawyers from legal aid organizations, and some clinics even include adjunct
practitioners. This ensures that students act appropriately and professionally when assisting clients.
Aspect
Malaysia
United States
Integration into
Curriculum
Often cocurricular or
extracurricular; not always credit-
bearing.
Fully integrated into curricula; usually
creditbearing and required by
ABA experiential learning standards.
Academic
Credit
Not consistently formalised; many
operate without formal academic
credit.
Clinics
commonly carry academic credit with formal
assessments and reflective work.
Structure and
Model
Inconsistency across institutions;
structure and supervision vary.
Highly structured, standardized, supervised by
clinical faculty.
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Supervision and
Student Involvement
Students provide supervised legal
aid; responsibilities vary.
Students provide extensive legal services including
client representation and court appearances.
Accreditation of
CLE Programmes
Recognised under MQA as
part of accredited law degrees.
Accredited by state CLE boards; separate from
university accreditation.
CONCLUSION
In conclusion, a more structured and effective model for optimising experiential learning is found in its
integration into the curriculum of legal education, as demonstrated by the United States framework. This way,
clinical training is formally embedded within the academic programme, driven by objective educational
outcomes, evaluated assessments, and alignment with the professional skills required by the market. Curriculum
integration ensures continuity, academic recognition, and quality assurance, optimizing both the pedagogical
value of clinical experiences and the consistency of students legal training, as opposed to ad hoc or voluntary
participation. For Malaysia, the quality of legal education and the expansion of the legal aid services can be
further strengthened by adopting a similar structured framework. To achieve this, future research should explore
the feasibility of embedding clinical legal education more formally within Malaysian law schools, including
policy support, resource allocation, and assessing its lasting impact on both students and communities.
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