Globalization is coming to the legal profession. Regulators in England, Wales, and Scotland are dealing with this change in three ways: 1) the Qualifying Lawyer's Transfer Scheme allows lawyers to transfer between England and Wales; 2) the Law Society of Scotland emphasizes values like integrity and professionalism; 3) the Legal Education and Training Review is conducting a comprehensive review of legal education across England and Wales and considering reforms.
Slides presented by John Garvey (U of New Hampshire) and Paul Maharg (Northumbria U) to Future Ed 2: Making Global Lawyers for the 21st Century, Harvard Law School, October 2010.
Slides presented by John Garvey (U of New Hampshire) and Paul Maharg (Northumbria U) to Future Ed 2: Making Global Lawyers for the 21st Century, Harvard Law School, October 2010.
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Slides used in a session on the SCI during the Legal Ethics Teaching Workshop, City University, October 2011, hosted by Clark Cunningham and Nigel Duncan.
Presentation to the Legal Education and Scholarship: Past Present and Future Workshop in Honour of William Twining, 20.10.10. IALS, University of London.
Legal Professions and Professional Legal Education in England and Wales. Joint slideset presentation by Professors Paul Maharg & Jane Ching, staff seminar, ANU, July 2015.
Slides used in a session on the SCI during the Legal Ethics Teaching Workshop, City University, October 2011, hosted by Clark Cunningham and Nigel Duncan.
Presentation to the Legal Education and Scholarship: Past Present and Future Workshop in Honour of William Twining, 20.10.10. IALS, University of London.
Seminar for LERN, Legal Education Research Network, UK, @ IALS, 28 Jan 2015, on the use of new media tools and the need for digital research literacies in legal education research.
Shared space: regulation, technology and legal education in a global context
Professor Paul Maharg
Australian National University College of Law
Abstract
The LETR Report on legal services education and training (LSET), published in June 2013, is the most recent of a series of reports dealing with legal education in England and Wales. Many of these reports do not deal directly with technology theory and use in legal education, though it is the case that the use of technology has increased substantially in recent decades. This is a pattern that is evident in reports in most other common law jurisdictions. LETR does have a position on technology use and theory, however, and it positions itself in this regard against other reports in England and Wales, and those from other jurisdictions, notably those in the USA.
In this paper I shall set out that position and contrast it with regulatory statements on technology and legal education in England, Australia and the USA. Based on a review not just of recent practical technological implementations but of the theoretical educational and regulatory literatures, I shall argue that the concept of ‘shared space’ outlined in the Report is a valuable tool for the development of technology in education and for the direction of educational theory, but most of all for the development of regulation of technology in legal education at every level.
Slides based on the Editorial to a Special Issue on the subject published in The Law Teacher and edited by Maharg. Presented at the 2016 BILETA (British and Irish Law Education Technology Association) conference at the University of Hertfordshire.
Seminar on the use of digital resources, particularly webcasts & podcasts, in legal education, and their effects on the design of learning and teaching.
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Name Clause: This clause states the name of the company, which should end with words like "Limited" or "Ltd." for a public limited company and "Private Limited" or "Pvt. Ltd." for a private limited company.
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Protection of Members: It protects the interests of the company's members by clearly defining the objectives and limiting their liability.
External Communication: It provides clarity to external parties, such as investors, creditors, and regulatory authorities, regarding the company's objectives and powers.
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2. preview
Context
Globalization & competence-based approaches
Three instances of regulators dealing with a globalized
profession:
Qualifying Lawyer’s Transfer Scheme (QLTS) – England
& Wales
Professionalism in Scottish legal education (Law
Society of Scotland)
Legal Education & Training Review (LETR) – England &
Wales
NCBE 2012 2
5. Scotland
N. Ireland
Ireland Wales England
NCBE 2012 5
6. globalization…?
Eight broadly agreed social trends, leading to an increase in:
People
Environmental pressure
Scarcity
Security
Economic globalization (ie international flows of capital,
labour, goods; increase in regional & sub-regional
economic co-operation agreements)
Diffuse power constellations (at international, regional,
national, local levels, and between public & private)
Information.
Thanx to Law Scenarios to 2030:
Signposting the Legal Space of the Future
@ www.lawofthefuture.org
NCBE 2012 6
8. is competence the standards answer…?
Proponents say it gives:
public confidence in the profession
homogeneity and normatization within the profession
clarity and transparency of standards.
NCBE 2012 8
9. is competence the answer…?
Critics say of competence frameworks that they:
Inhibit performance or creativity at a level above that
stated in the framework
Encourage a mechanistic approach to learning and
evaluation
Don’t provide an adequate conceptual structure for
understanding or for personal/professional self-
development
Cannot represent professional work adequately in a pre-
determined framework because it’s too complex &
creative, and therefore one struggles to incorporate
meaningful assessment of values and attitudes
Create problems with snapshot evaluation of competence.
NCBE 2012 9
10. alternative evaluation…?
Experiential approaches, eg Qualifying Lawyers’ Transfer
Scheme -- http://www.sra.org.uk/qlts/
The assessment is in three parts:
Part 1 is a multiple-choice test that evaluates Day One
Outcomes.
Part 2 is a practical examination that evaluates
interviewing and advocacy skills in the context of three
areas of practice—business, civil and criminal litigation,
and property and probate.
Part 3 is a technical legal skills assessment that tests
the skills of legal research, drafting and writing.
NCBE 2012 10
11. interesting features & questions of QLTS
Use of:
Attempt to move beyond knowledge & basic skills
Standardized clients (SCs)
Objective Structured Clinical Examination (OSCE)
Sophisticated statistical tools (Cronbach’s alpha for
reliability, SEm for accuracy)
Some integration of knowledge, skills, attitudes.
But:
Ethical dimensions? SCs may provide data, but not on
legal professional issues.
Professionalism?
NCBE 2012 11
12. professionalism…?
Key description:
‘a dynamic, contingent and contested practice, responsive
to a range of ideological, economic and situational factors’
Webb, J. (2008). The dynamics of professionalism: The
moral
economy of English legal practice – and some lessons for
New Zealand? Waikato Law Review, 16, 21-45 at 22.
NCBE 2012 12
13. the regulatory perspective in Scotland:
core professionalism values
http://www.lawscot.org.uk/becomingasolicitor
NCBE 2012 13
14. Law Society of Scotland:
professionalism learning outcomes
Throughout the programme a student should demonstrate
a commitment to:
4 The interests of justice and democracy in society
4 Effective and competent legal services on behalf of a
client
4 Continuing professional education and personal
development
4 Diversity and public service
4 Personal integrity and civility towards
colleagues, clients and the courts
NCBE 2012 14
15. Law Society of Scotland:
indicators for professionalism outcome
Outcome Positive indicator Negative indicator
5. Personal integrity and Is honest with all others Exhibits traits of
civility towards on the course; relates to arrogance, intemperate
colleagues, clients and colleagues on the behaviour,
the courts programme with civility; mismanagement of own
treats tutors, affairs; lies to colleagues
administrative staff and or programme personnel;
others with respect. plagiarises work; adopts
the work of others as own
work; is abusive or
contemptuous towards
colleagues or programme
personnel.
NCBE 2012 15
16. evidence on professionalism
from medical education
‘We found that UCSF, School of Medicine students who
received comments regarding unprofessional behaviour
were more than twice as likely to be disciplined by the
Medical Board of California when they become practicing
physicians than were students without such comments.
The more traditional measures of medical school
performance, such as grades and passing scores on
national standardized tests, did not identify students who
later had disciplinary problems as practicing physicians’.
Papadakis, M. et al (2004) Unprofessional behaviour in medical school is
associated with subsequent disciplinary action by a state medical board,
Academic Medicine, 79, 244-79
NCBE 2012 16
17. Legal Education & Training Review (LETR)
Joint project of BSB, IPS, SRA
Sector-wide review
Commenced in May 2011; due to report in December
2012
Evidence-based approach
NCBE 2012 17
19. focus of LETR
The primary focus is on:
The role of LET itself as a regulatory tool for assuring
competence
The appropriate form(s) such regulation should take
(particularly the balance between specific training
regulation and the use of conduct of business rules and
entity regulation as drivers of LET compliance)
The scope and reach of regulation – eg, whether reach
should be extended into currently unregulated areas of
work; whether it is appropriate to move away from the
dominance of regulation by title to greater emphasis on
activity-based authorization and, possibly, regulation.
NCBE 2012 19
20. key issues emerging in LETR
What structure(s) will increase choice over the processes of
qualification, whilst delivering greater certainty to consumers/the
professions as to the quality of outcomes achieved?
Flexibility and diversity – facilitate common training and cross-
qualification across broader range of regulators
Activity-based authorisation/regulation
Linkage to ‘partial access’ to reserved activities
New (para-)professions – eg ‘personal injury attorney’, ‘probate
attorney’ etc
National standards for sector?
Is this now the tiebreak question: what policy and regulatory choices
are most likely to maximize net consumer welfare? (cf s.1(1)(d) LSA
2007).
NCBE 2012 20
21. where are we now?
Project team and infrastructure – including website at
http://letr.org.uk
Published draft literature review
Published survey of cross-section of existing competence
frameworks in the sector.
Completing review of approved regulators’ current training
regulations
Empirical work for Phases 2 and 3 ongoing – qualitative and
quantitative
Too soon to talk in any depth about findings.
Full listing of events and publications on the LETR website
NCBE 2012 21
22. options for discussion?
Abolition of the concept of a qualifying law degree;
The introduction of national assessments at point of entry
to the profession;
Specification of sector-wide national standards for key
areas of work, and a move to greater activity-based
authorization/regulation;
Removal of at least some of the linear breaks and
distinctions between ‘vocational courses’ and work-based
learning, whether through the training contract, pupillage
or paralegal experience;
NCBE 2012 22
23. options for discussion?
Facilitation of greater common training between regulated
occupations, both course-based and work-based (insofar
as that distinction is retained);
Replacement of the pupillage/training contract with a
more flexible period of ‘supervised practice’;
Development of a sector-wide CPD scheme or alignment
of schemes
NCBE 2012 23
24. signature pedagogies (Lee Shulman)
Sullivan, W.M., Colby, A., Wegner, J.W.,
Bond, L., Shulman, L.S. (2007) Educating
Lawyers. Preparation for the Profession of
Law, Jossey-Bass, p. 24
NCBE 2012 24
26. contact details
Paul Maharg, Professor of Legal Education
Email: paul.maharg@northumbria.ac.uk
Blog: http://paulmaharg.com
Slideshare: http://www.slideshare.net/paulmaharg
NCBE 2012 26
Editor's Notes
A signature pedagogy is a kind of language of a particular profession. It can be imagined to have 4 dimensions – its observable, behavioural features – surface structure; the underlying intentions, rationale or theory the behaviour models – the deep structure; the values and dispositions that the behaviour implicitly models – the tacit structure; its compliment, the absent pedagogy that is not or only weakly engaged – the shadow structure. In law’s case method – surface structure – set of dialogues entirely focussed through the instructor. Students expected to engage in dialogue to ascertain facts and principles. Deep structure is about the process of analytical reasoning ‘thinking like a lawyer’. Tacit structure is legal encounters are of a different order than every day moral behaviour (legal understanding can diverge from what students understand as moral norms or standards of fairness) – an important part of the hidden curriculum of case-dialogue teaching. Underdeveloped area – clinical teaching, or supervised practice in the preparation of lawyers.