Professional legal education reviews : too many 'what's, too few 'how's

Former colonies of the British Empire, Hong Kong and Australia inherited the common law system and the basic structure of legal education and training from England and Wales and remain the closest siblings in terms of proximity in distance and the high degree of similarity between their respective frameworks for legal education and training. This article first summarizes the major reviews of legal education and training in these three jurisdictions: England and Wales, Australia and Hong Kong over the last four decades and argues that while these reviews are keen on investigating ‘what’ is lacking in the curriculum and ‘what’ needs to be changed to equip graduates for the challenges of the day, they do not seem to have shown the same level of enthusiasm in identifying ‘how’ the intended outcomes prescribed can be achieved. Nevertheless, law schools in these jurisdictions recently began to tap on, and combine with the improved classroom pedagogy, clinical legal education and internship, innovative teaching tools and solutions in an attempt to deliver more enhanced learning experience to students. The article examines the role ascribed to technology in legal education and training with a particular reference to SimPLE, a e-learning platform developed in England and Wales which has been put to use in Australia as well, and the reform initiatives taken, and planned to be taken, by the Department of Professional Legal Education at the University of Hong Kong in its Postgraduate Certificate in Laws programme. This article concludes by pointing out the importance of collaboration among stakeholders including teachers, university administration and the legal profession in effecting a more active role of technology in legal education and training of today.

E-learning opportunities and challenges for legal education in rural Victoria

Access to justice extends beyond consideration of the systems and institutions of justice; it includes infrastructure such as transport, health, education and communications. Rural, regional and remote (‘RRR’) communities are more likely to face difficulties in accessing advice and accurate information on laws and processes available for resolution of disputes. Perhaps more fundamentally, they rarely have a voice in effecting reforms in laws and related policies. For several decades, community legal centres, legal aid, courts, and a range of other institutions have used community legal education programs to improve knowledge and access to law and justice systems, services and organisations. The recent Productivity Commission Inquiry into Access to Justice Arrangements notes that, ‘Better coordination and greater quality control in the development and delivery of these [community legal education, legal information] services would improve their value and reach.’ At the same time, research into the professional needs of RRR legal practitioners has found that many of these practitioners face considerable difficulties accessing good quality continuing professional development (‘CPD’) and informal networking/support opportunities.6 Current and emerging internet-based technologies open up opportunities for legal organisations to better meet the educational needs of both rural communities and legal practitioners. Though limitations still exist at multiple levels, relatively low-cost, media-rich, synchronous and tailored education programs can now be delivered effectively in many rural and remote areas. However, complex layers of decisions are required to critically assess, harness and optimise technologies to best suit the needs of users, and to utilise teaching and learning techniques that best match the technologies and participant needs. Getting these elements — needs, technology and learning technique — right, nevertheless offers extraordinary opportunities. Sound decisions and good practices should enable state-wide and specialist law and justice-related services interested in improving their engagement with RRR communities to dramatically improve the reach and quality of outcomes, not only for distant participants but the spectrum of stakeholders.

Professional midwifery education : blended teaching and learning approaches

Blended teaching and learning approaches are used in the postgraduate course of Graduate Diploma of Midwifery for students who are predominately women with family responsibilities residing in metropolitan, regional, or rural Victoria, a major state in Australia. The Virtual Maternity Clinic (VMC), a virtual learning experience (VLE) research project, was implemented during trimester 2, 2009. The purpose of the project was to expand the blend of teaching and learning activities to support students in their preparation for professional practice. The VMC includes four characters in early pregnancy and care provided by their midwife. All students enrolled in midwifery courses (postgraduate and undergraduate) at Deakin University were recruited to participate in a two-phase, pre- and post-use evaluation process related to the VMC. Findings from the pre-evaluation included that students 'had high expectations of the VMC in supporting their learning. The results from the post-evaluation of the VMC indicated that students 'were very satisfied that the VMC supported their learning. Future research directions include further development of the VMC.

Review of 'Promoting Justice through Clinical Legal Education' by Jeff Giddings, Justice Press, 2013

Review of 'Promoting Justice through Clinical Legal Education' by Jeff Giddings, Justice Press, 2013, 448 pages

Gatecrashing the research paradigm : effective integration of online technologies in maximising research impact and engagement in legal education

Legal academics are not only teachers but also creators of knowledge. The role of an academic includes a responsibility to share this knowledge through engagement not just of their students, but also of the wider community. In addition, there is increasing emphasis on legal academics having to account for the so-called ‘impact’ of research. In selecting both the topic of their research and the mode of publication of their knowledge, legal academics act as gatekeepers. There is an increasing critique of the existing paradigm of research publication and its emphasis on the metrics of impact. This critique recognises the limitations of the commercial publication paradigm in the present context of open access and the vast array of citizen-mediated platforms for dissemination of legal knowledge and innovation. Susskind (Tomorrow’s Lawyers 2013) for example identifies expert crowd-sourced legal information as breaking down barriers to access to justice. Tracking their experience with publication of a paper on social media in legal education from the ALTA conference in 2012, the authors share an auto-ethnographic account of their insights into the potential for both impact and engagement of a diverse audience in their research. This highlights the ways in which various media can be used strategically to redefine the role of the gatekeeper.

O where are you going? O do you imagine? Reproduction and response : a reflexive sociology of scholarship of teaching and learning in practical legal training

My doctoral research studies Australian PLT practitioners’ engagement with scholarship of teaching and learning. I argue that many PLT practitioners are motivated to engage with scholarship of teaching and learning in their work. There are, however, individual and extra-individual impediments.
PLT practitioners are lawyers that teach in institutional practical legal training (“PLT”). Satisfactory completion of mandatory PLT is an eligibility requirement for admission to the Australian legal profession. The PLT requirement is additional to academic legal qualifications. PLT is undertaken at a post-graduate level with, or after, the academic law degree.
My study investigates PLT practitioners’ motivations and capabilities to engage with scholarship of teaching and learning (“SoTL”). I study organisational symbolic support for SoTL in PLT, and organisational allocation of resources to SoTL in PLT.
The study involves individual and extra-individual domains of PLT practitioners’ work. It considers how social structures (e.g. “the juridical”) are inscribed into individuals’ practices (“teaching”) and, conversely, whether practices influence social structures.
My research adopts qualitative methodologies. These involve inter-disciplinary exchanges between law, legal education, practice research, sociology of law, cultural theory, and theory and practice of teaching and learning. My theoretical framework draws on Pierre Bourdieu’s “reflexive sociology”, and Michel de Certeau’s “heterological science”.
I sourced data from documents, and semi-structured interviews with 36 Australian PLT practitioners. Documentary sources include statutory instruments, speeches, reports, practice directions, histories, and scholarly publications.
To analyse the data I adopted Kelle’s characterisation of “theoretical sensitivity”, drawing on “explicit” and “emergent” analysis strategies derived from “grounded theory”. The explicit strategies were based on my theoretical framework. The emergent strategy involved sensitivity to non-explicit concepts and theories that emerged from the data. Computer-aided qualitative data analysis software expedited these methods.
My findings to date question dominant legal structures’ readiness for change, the implications of this for teaching and learning in PLT, and in particular for PLT practitioners’ engagement with SoTL in PLT.
The espoused rationale for mandatory PLT (in statutes) is improvement for the protection of clients, the administration of justice, and to assure quality legal services. The tacit rationale is improved quality of legal education, and experiences, for lawyers-to-be. My thesis argues dominant structures in legal education impede the espoused and tacit objectives, and impede PLT practitioners’ engagement with scholarship of teaching and learning.

Skills in LLB threshold learning outcomes and competency standards for entry-level lawyers – a comparison using CAQDAS

This exploratory study analysed the Threshold Learning Outcomes ("TLOs") specified in the Bachelor of Laws Learning and Teaching Academic Standards Statement December 2010, and the Competency Standards for Entry-Level Lawyers for Practical Legal Training, as updated by the Australasian Professional Legal Education Council and Law Admissions Consultative Committee in February 2002 ("NCS"). The qualitative analysis was undertaken using the NVivo computer assisted qualitative data analysis software ("CAQDAS"), to investigate how skills were categorised and defined in each of the documents. The results were then analysed to compare the respective categorisation and definition of skills, and to point to potential complements, overlaps, conflicts, gaps, or blind spots, between the TLOs and the NCS. The findings, and the methodology adopted, might provide insights for future instructional design, content, and delivery of Practical Legal Training programs, and for future reviews of the TLOs and NCS.

“Digital Literacy” in #legaled, begins here?

Discusses issues of interaction, enablement, social justice, flexibility, overload, and industrialisation in legal education and practical legal training, with reference to flexible, online and distance education and "digital literacy".

PLT practitioners : soldiers For “vocationalism”, or double agents?

This presentation extends on some previous work around my PhD research.
I question ways in which social structures are inscribed into legal education practices, and conversely, whether practices can modify those structures. I argue PLT practitioners are not simply soldiers for a “vocationalist” strategy. Instead, I re-imagine PLT practitioners as “double agents” or “resistance fighters”, lamplighters in a still emergent professional trajectory. It is a trajectory catalysed by the 1970s introduction of institutional PLT; just a baby really, in the context of English common law.

In Bourdieu’s terms it is possible, by revisiting past struggles in Australian legal education, to conceptualise institutional PLT as the product of judicial, professional, and academic struggles to produce a vocationalised, non-academic, and critique-free sub-field within the juridical field. Those struggles succeeded, to some extent, in the extra-individual dimension of structures, regulation, and institutions, to collectively inculcate preferred dispositions within individuals about legal education and professional identity.

That account, however, ignores the potential for agency and alterity – the ways in which individuals might appropriate, in Certeau’s terms, the resources of the legal field to explore new professional trajectories. For some, these trajectories involve struggles to enrich, and add texture to, legal education. Drawing on interviews with PLT practitioners, I identify multi-vocal and multi-perspectival themes, including notions of social justice, equality, professional ethics, personal improvement, and indeed, interest in scholarship of teaching and learning.

It is in this sense I re-imagine PLT practitioners as “double agents”, operating betwixt and between dominant domains in law. In my view, PLT practitioners can participate in conceptualising and developing emergent approaches in legal education, and to theorise “practice” as lawyers and educators. Scholarship of teaching and learning has its part to play in this. It provides a means, as lawyers and as educators, to discover information, to reflect, critique, communicate, and conceptualise, insights about “practice” and practices.

Australian PLT practitioners’ engagements with scholarship of teaching and learning

 Drawing on Bourdieu’s reflexive sociology and Certeau’s heterological science to investigate individual and extra-individual dimensions of Australian PLT practitioners’ engagements with scholarship of teaching and learning, this thesis identified obstacles and opportunities for recognition of professional legal education and training as emergent professional practice in law and education.

Linking law: practical guidelines for delivering law to rural Victoria using e-learning technologies

These guidelines provide information, analysis and practical tips for organisations seeking to use digital technologies to enhance general and professional legal education for people living in remote, rural and regional (RRR) Victoria. Given the difficulties people living in RRR areas still face in having to take time away from work and home and travel long distances to attend many legal educational events, it makes sense to explore these options. However, it can be particularly difficult for organisations seeking to engage with RRR people to choose between educational technologies and techniques, given the considerable hype and movement in the field at present. Options are plentiful and complex, with multiple practical and organisational considerations attached to each, and the situation changes frequently as technologies improve. The increasing reach of high-speed internet and mobile networks is creating opportunities for different and more engaging educational methods to be used in most regional and rural areas, but fast internet is not the be-all and end-all. There is much that can be achieved with intelligent use of a range of lower-tech options including low-speed internet, phone, DVD and regional site-based educational technologies.