Legal Professions and Professional Legal Education in England and Wales. Joint slideset presentation by Professors Paul Maharg & Jane Ching, staff seminar, ANU, July 2015.
This document discusses well-known trademarks and their protection under international law. It defines a well-known trademark as a mark with substantial public recognition such that use of the mark on unrelated goods or services would imply a connection between them. The document outlines criteria for determining well-known status and notes international agreements like the Paris Convention and TRIPS that require protection of well-known marks from infringement. It also provides examples of well-known trademark disputes in India and discusses how such marks are protected in different countries and regions.
Technology transfer involves sharing skills, knowledge, technologies, and facilities between organizations to make scientific and technological developments more widely accessible. In India, technology transfer is an important way for developing countries to gain access to new technologies, primarily through commercial transfers between private companies. As India opened its economy in 1991, more Indian companies have entered into technical and financial collaborations with foreign companies through technology transfer agreements. However, not all such collaborations are successful due to various disputes that can arise in implementing the agreements.
TRIPS is the Agreement on Trade-Related Aspects of Intellectual Property Rights administered by the World Trade Organization. It establishes minimum standards of protection for various forms of intellectual property and enforcement procedures. TRIPS requires countries to provide patents, copyrights, trademarks, industrial designs, trade secrets, and geographical indications. It sets rules for fair use exceptions and terms of protection. Disputes are subject to the WTO dispute settlement process. Developing countries received transitional periods to delay full implementation of TRIPS.
The document summarizes key aspects of the Air (Prevention and Control of Pollution) Act, 1981 in India. It discusses the objectives of the act to prevent and control air pollution. It outlines the roles and responsibilities of the Central Pollution Control Board and State Pollution Control Boards in enforcing the act. It also summarizes provisions regarding emissions standards, monitoring, penalties for non-compliance, and the responsibilities of industries and regulatory authorities under the act.
The document discusses regulatory requirements and standards in India. It notes that the Government of India promulgates regulatory requirements to safeguard health and safety for both domestically produced and imported goods and services. These regulations are established by various ministries and acts, and must comply with WTO agreements. The Bureau of Indian Standards is the national standards body that develops voluntary consensus-based standards, though 68 have been made mandatory. BIS operates certification schemes to ensure conformity and facilitates international cooperation on standards and conformity assessment.
The document presents information on competition law in India. It discusses the need for competition laws, objectives of the MRTP Act of 1969, key features of the Competition Act 2002 including prohibiting anti-competitive agreements and abuse of dominant position. It also describes types of monopolistic trade practices, restrictive trade practices, unfair trade practices and differences between horizontal and vertical agreements. Some important international cartel cases involving graphite electrodes, lysine and vitamins are also summarized.
Pharmaceuticals and the WTO TRIPS Agreementjboscariol
A presentation on the application of the obligations and remedies under the WTO\'s agreement on trade-related aspects of intellectual property rights to pharma products. Includes a focus on access to patented medicines for developing countries.
The document discusses the Madrid System for the international registration of trademarks. It provides details on the Madrid Agreement established in 1891 and the Madrid Protocol adopted in 1989, which together form the Madrid System. The key differences between the Agreement and Protocol are outlined. The procedures for filing an international trademark application via the Madrid System are also summarized, including requirements, certification by the office of origin, and processing by the International Bureau.
This document discusses well-known trademarks and their protection under international law. It defines a well-known trademark as a mark with substantial public recognition such that use of the mark on unrelated goods or services would imply a connection between them. The document outlines criteria for determining well-known status and notes international agreements like the Paris Convention and TRIPS that require protection of well-known marks from infringement. It also provides examples of well-known trademark disputes in India and discusses how such marks are protected in different countries and regions.
Technology transfer involves sharing skills, knowledge, technologies, and facilities between organizations to make scientific and technological developments more widely accessible. In India, technology transfer is an important way for developing countries to gain access to new technologies, primarily through commercial transfers between private companies. As India opened its economy in 1991, more Indian companies have entered into technical and financial collaborations with foreign companies through technology transfer agreements. However, not all such collaborations are successful due to various disputes that can arise in implementing the agreements.
TRIPS is the Agreement on Trade-Related Aspects of Intellectual Property Rights administered by the World Trade Organization. It establishes minimum standards of protection for various forms of intellectual property and enforcement procedures. TRIPS requires countries to provide patents, copyrights, trademarks, industrial designs, trade secrets, and geographical indications. It sets rules for fair use exceptions and terms of protection. Disputes are subject to the WTO dispute settlement process. Developing countries received transitional periods to delay full implementation of TRIPS.
The document summarizes key aspects of the Air (Prevention and Control of Pollution) Act, 1981 in India. It discusses the objectives of the act to prevent and control air pollution. It outlines the roles and responsibilities of the Central Pollution Control Board and State Pollution Control Boards in enforcing the act. It also summarizes provisions regarding emissions standards, monitoring, penalties for non-compliance, and the responsibilities of industries and regulatory authorities under the act.
The document discusses regulatory requirements and standards in India. It notes that the Government of India promulgates regulatory requirements to safeguard health and safety for both domestically produced and imported goods and services. These regulations are established by various ministries and acts, and must comply with WTO agreements. The Bureau of Indian Standards is the national standards body that develops voluntary consensus-based standards, though 68 have been made mandatory. BIS operates certification schemes to ensure conformity and facilitates international cooperation on standards and conformity assessment.
The document presents information on competition law in India. It discusses the need for competition laws, objectives of the MRTP Act of 1969, key features of the Competition Act 2002 including prohibiting anti-competitive agreements and abuse of dominant position. It also describes types of monopolistic trade practices, restrictive trade practices, unfair trade practices and differences between horizontal and vertical agreements. Some important international cartel cases involving graphite electrodes, lysine and vitamins are also summarized.
Pharmaceuticals and the WTO TRIPS Agreementjboscariol
A presentation on the application of the obligations and remedies under the WTO\'s agreement on trade-related aspects of intellectual property rights to pharma products. Includes a focus on access to patented medicines for developing countries.
The document discusses the Madrid System for the international registration of trademarks. It provides details on the Madrid Agreement established in 1891 and the Madrid Protocol adopted in 1989, which together form the Madrid System. The key differences between the Agreement and Protocol are outlined. The procedures for filing an international trademark application via the Madrid System are also summarized, including requirements, certification by the office of origin, and processing by the International Bureau.
The document discusses key aspects of Indian Copyright Act, 1957:
1. It establishes the Indian Copyright Office and Copyright Board to administer copyright.
2. Copyright protects original literary, dramatic, musical and artistic works, films, sound recordings from unauthorized reproduction, adaptation, issue, performance or broadcast.
3. Copyright lasts 60 years from the death of author or date of publication for different types of works.
4. Owners of copyright have rights to assign and license copyrights. Infringement of copyright can lead to civil and criminal remedies.
Medical devices are regulated under the Medical Device Rules published in 2017 and effective in 2018 in India. They include any instrument or material intended for human or animal use for diagnosis, treatment or prevention of disease. The Central Drugs Standard Control Organization regulates medical devices and some are notified under the Drugs and Cosmetics Act. There have been efforts to improve regulation of medical devices in India to focus on safety and appropriate use.
The document discusses medical device regulation in India. It provides definitions of medical devices and outlines the regulatory bodies that govern them, including the Central Drugs Standard Control Organization (CDSCO). It describes the proposed Indian Medical Devices Regulatory Act (IMRDA) and its objectives to establish standards, classify devices by risk, and regulate safety. The regulation of medical devices in India is still developing, with proposals to expand regulation beyond the limited devices currently covered under the Drugs and Cosmetics Act.
Medical Devices Rules 2017 Pakistan - Amendments 2022MUHAMMAD SOHAIL
The document summarizes key changes made in the Medical Devices Rules of 2017 in Pakistan through amendments. Some additions include defining refurbished medical devices and procedures for importing devices for donation. Refurbished devices will now be regulated and new forms introduced for outsourcing manufacturing and analysis. Requirements for export permits and sole representatives were removed and instead replaced with no-objection certificates and allowing representatives. Commercial indenting is now permitted.
This document discusses regulations for medical devices in various countries and regions. It provides an overview of the regulatory bodies that oversee medical devices in Australia, Europe, the US, Canada, China, Japan, Brazil, and India. For the US, it describes the Food and Drug Administration's role and classifications of medical devices. It also summarizes key concepts around establishing registration and listing of devices, premarket notification (510(k)), de novo classification, premarket approval, and quality system regulations.
The document discusses patentability requirements in the US, including utility, novelty, and non-obviousness. It provides details on the types of subject matter that can be patented, conditions for novelty like anticipation and statutory bars, and considerations for non-obviousness. It also discusses the European patent regime and takes questions.
The document discusses alternative dispute resolution (ADR) in India. It notes that ADR was introduced in India to help address the huge backlog of cases overwhelming the court system. ADR provides parties more cost-effective and timely mechanisms to resolve disputes through negotiation, mediation, arbitration, and conciliation outside of litigation. The growth of ADR in India has helped promote access to justice and reduce strain on the courts.
WIPO - The World Intellectual Property Organization .Zunair Bhatti
The document provides information about the World Intellectual Property Organization (WIPO). It discusses WIPO's history dating back to 1883, mission to lead development of an effective international intellectual property system, activities like developing communication strategies and managing media relations, purpose of promoting IP protection worldwide and ensuring cooperation among unions, structure including the WIPO president and awards, and membership of 191 states.
The document discusses intellectual property rights transfers between US firms and foreign businesses. There are several reasons why US firms may transfer their IPRs, such as receiving licensing fees, contributing technology to joint ventures, or shifting production to lower cost countries. International agreements like the Paris Convention and TRIPS Agreement established standards for protecting IPRs like patents, trademarks, and copyrights across signatory countries. The PCT and Madrid Protocol set up centralized filing systems for international patent and trademark applications.
The document discusses the TRIPS agreement and its impact on Indian patent law. Some key points:
- TRIPS established minimum global standards for intellectual property protection, including recognizing 7 types of IP rights like patents and copyright. It required countries to provide patent protection for inventions in all fields of technology.
- India initially only allowed process patents for food, drugs etc. TRIPS allowed India a 10 year transition period to implement product patents in all areas.
- The 2005 Patent Act Amendment in India fully complied with TRIPS by granting product patents for all inventions effective January 1, 2005. It also addressed issues like patentability criteria, opposition processes, and compulsory licensing.
The document provides an overview of the World Intellectual Property Organization (WIPO). It discusses that WIPO is a UN agency dedicated to intellectual property services, policy, information and cooperation. It has 193 member states and protects over 26 treaties. WIPO works to promote IP protections worldwide, provides global IP filing systems for patents, trademarks and designs, offers dispute resolution services, and engages in training and economic development initiatives to maximize the strategic use of IP.
The document discusses consumer protection in India. It defines a consumer as a person who purchases goods or services. It outlines the need for consumer protection to safeguard consumers' interests against unscrupulous business practices. The key rights of consumers in India include the right to safety, right to be informed, right to choose, right to be heard, and right to seek redressal. The Consumer Protection Act of 1986 and 2019 are the main legislative measures that establish forums for resolving consumer disputes and protecting consumer rights in India.
This document provides an overview of the Indian constitution and various environmental laws and regulations in India. It begins with explaining the structure and key aspects of the Indian constitution. It then discusses the concept of environment and how the Indian constitution recognizes environmental protection. It outlines various environmental laws and regulations in India, including the Environment Protection Act of 1986. The document also summarizes other key laws governing air, water, wildlife, forests and hazardous waste management. It discusses India's efforts to address environmental pollution and the legal framework governing hydroelectric projects.
Please share this webinar with anyone who may be interested!
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In this webinar:
● Primer for attendees attending the November 15-16 Drug Pricing Policy Summit
● Broad conceptual blueprint of federal and provincial/territorial public health policy structures across Canada
● Description of legal frameworks, government responsibility centres and their mandates for treatment access, with reference to specific opportunities for patient engagement
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Environmental law, also known as environmental and natural resources law, is a collective term describing the network of treaties, statutes, regulations, common and customary laws addressing the effects of human activity on the natural environment. The core environmental law regimes address environmental pollution. A related but distinct set of regulatory regimes, now strongly influenced by environmental legal principles, focus on the management of specific natural resources, such as forests, minerals, or fisheries. Other areas, such as environmental impact assessment, may not fit neatly into either category, but are nonetheless important components of environmental law.
This presentation provides an overview of the FDA regulatory landscape for medical devices. It discusses the FDA structure and centers, the classification system for devices, and the approval pathways of 510(k) clearance and premarket approval. It also covers investigational devices, combination products, and user fees. The goal is to help organizations understand the FDA requirements for entering the US medical device market.
This document discusses Good Automated Laboratory Practices (GALP) which provide guidance for managing automated regulated laboratories. It outlines the importance of standard operating procedures, documentation, logs, training, and concludes that GALP helps streamline laboratory processes and ensures work can be done efficiently within shorter timeframes. Key aspects of GALP covered include security, data management, error handling, change control, archiving, backup and recovery, and hardware maintenance.
Competition Law awareness and enforcement are increasing day by day. Long-term, sustainable growth of big organization, corporation and companies warrants attention to competition law while strategising their growth.
09 Mba Bl Lec Nov 18 Cpa & Unfair Trade Practices FinalUmang Doshi
The document discusses the history and provisions of consumer protection laws in India. It summarizes the key points of the Consumer Protection Act 1986, including that it established consumer courts and specified six consumer rights. It also defines who qualifies as a consumer, outlines unfair trade practices, and discusses various agencies involved in facilitating consumer awareness and dispute resolution.
The document discusses intellectual property rights and international perspectives. It provides an overview of various types of intellectual property including copyrights, trademarks, patents, industrial designs, geographical indications, integrated circuits, and undisclosed information. It describes the basic nature of intellectual property as intangible property providing exclusive rights. The document then examines specific aspects of each intellectual property type in more detail and discusses relevant international conventions for intellectual property protection globally. It emphasizes the need for greater intellectual property rights awareness and education in India.
This document discusses strategies for legal reading, research, and writing. It begins by exploring how people read texts, maps, and music, and how these insights could apply to reading law. It then addresses organizing legal research using citation managers. Finally, it provides guidance on academic legal writing, including different forms of writing, strategies for writing within constraints, planning approaches, and addressing introductions and problem-solving writing specifically. Throughout, it draws on research and references various scholars to support its discussion.
Presentation to the Legal Education and Scholarship: Past Present and Future Workshop in Honour of William Twining, 20.10.10. IALS, University of London.
The document discusses key aspects of Indian Copyright Act, 1957:
1. It establishes the Indian Copyright Office and Copyright Board to administer copyright.
2. Copyright protects original literary, dramatic, musical and artistic works, films, sound recordings from unauthorized reproduction, adaptation, issue, performance or broadcast.
3. Copyright lasts 60 years from the death of author or date of publication for different types of works.
4. Owners of copyright have rights to assign and license copyrights. Infringement of copyright can lead to civil and criminal remedies.
Medical devices are regulated under the Medical Device Rules published in 2017 and effective in 2018 in India. They include any instrument or material intended for human or animal use for diagnosis, treatment or prevention of disease. The Central Drugs Standard Control Organization regulates medical devices and some are notified under the Drugs and Cosmetics Act. There have been efforts to improve regulation of medical devices in India to focus on safety and appropriate use.
The document discusses medical device regulation in India. It provides definitions of medical devices and outlines the regulatory bodies that govern them, including the Central Drugs Standard Control Organization (CDSCO). It describes the proposed Indian Medical Devices Regulatory Act (IMRDA) and its objectives to establish standards, classify devices by risk, and regulate safety. The regulation of medical devices in India is still developing, with proposals to expand regulation beyond the limited devices currently covered under the Drugs and Cosmetics Act.
Medical Devices Rules 2017 Pakistan - Amendments 2022MUHAMMAD SOHAIL
The document summarizes key changes made in the Medical Devices Rules of 2017 in Pakistan through amendments. Some additions include defining refurbished medical devices and procedures for importing devices for donation. Refurbished devices will now be regulated and new forms introduced for outsourcing manufacturing and analysis. Requirements for export permits and sole representatives were removed and instead replaced with no-objection certificates and allowing representatives. Commercial indenting is now permitted.
This document discusses regulations for medical devices in various countries and regions. It provides an overview of the regulatory bodies that oversee medical devices in Australia, Europe, the US, Canada, China, Japan, Brazil, and India. For the US, it describes the Food and Drug Administration's role and classifications of medical devices. It also summarizes key concepts around establishing registration and listing of devices, premarket notification (510(k)), de novo classification, premarket approval, and quality system regulations.
The document discusses patentability requirements in the US, including utility, novelty, and non-obviousness. It provides details on the types of subject matter that can be patented, conditions for novelty like anticipation and statutory bars, and considerations for non-obviousness. It also discusses the European patent regime and takes questions.
The document discusses alternative dispute resolution (ADR) in India. It notes that ADR was introduced in India to help address the huge backlog of cases overwhelming the court system. ADR provides parties more cost-effective and timely mechanisms to resolve disputes through negotiation, mediation, arbitration, and conciliation outside of litigation. The growth of ADR in India has helped promote access to justice and reduce strain on the courts.
WIPO - The World Intellectual Property Organization .Zunair Bhatti
The document provides information about the World Intellectual Property Organization (WIPO). It discusses WIPO's history dating back to 1883, mission to lead development of an effective international intellectual property system, activities like developing communication strategies and managing media relations, purpose of promoting IP protection worldwide and ensuring cooperation among unions, structure including the WIPO president and awards, and membership of 191 states.
The document discusses intellectual property rights transfers between US firms and foreign businesses. There are several reasons why US firms may transfer their IPRs, such as receiving licensing fees, contributing technology to joint ventures, or shifting production to lower cost countries. International agreements like the Paris Convention and TRIPS Agreement established standards for protecting IPRs like patents, trademarks, and copyrights across signatory countries. The PCT and Madrid Protocol set up centralized filing systems for international patent and trademark applications.
The document discusses the TRIPS agreement and its impact on Indian patent law. Some key points:
- TRIPS established minimum global standards for intellectual property protection, including recognizing 7 types of IP rights like patents and copyright. It required countries to provide patent protection for inventions in all fields of technology.
- India initially only allowed process patents for food, drugs etc. TRIPS allowed India a 10 year transition period to implement product patents in all areas.
- The 2005 Patent Act Amendment in India fully complied with TRIPS by granting product patents for all inventions effective January 1, 2005. It also addressed issues like patentability criteria, opposition processes, and compulsory licensing.
The document provides an overview of the World Intellectual Property Organization (WIPO). It discusses that WIPO is a UN agency dedicated to intellectual property services, policy, information and cooperation. It has 193 member states and protects over 26 treaties. WIPO works to promote IP protections worldwide, provides global IP filing systems for patents, trademarks and designs, offers dispute resolution services, and engages in training and economic development initiatives to maximize the strategic use of IP.
The document discusses consumer protection in India. It defines a consumer as a person who purchases goods or services. It outlines the need for consumer protection to safeguard consumers' interests against unscrupulous business practices. The key rights of consumers in India include the right to safety, right to be informed, right to choose, right to be heard, and right to seek redressal. The Consumer Protection Act of 1986 and 2019 are the main legislative measures that establish forums for resolving consumer disputes and protecting consumer rights in India.
This document provides an overview of the Indian constitution and various environmental laws and regulations in India. It begins with explaining the structure and key aspects of the Indian constitution. It then discusses the concept of environment and how the Indian constitution recognizes environmental protection. It outlines various environmental laws and regulations in India, including the Environment Protection Act of 1986. The document also summarizes other key laws governing air, water, wildlife, forests and hazardous waste management. It discusses India's efforts to address environmental pollution and the legal framework governing hydroelectric projects.
Please share this webinar with anyone who may be interested!
Watch all our webinars: https://www.youtube.com/playlist?list=PL4dDQscmFYu_ezxuxnAE61hx4JlqAKXpR
In this webinar:
● Primer for attendees attending the November 15-16 Drug Pricing Policy Summit
● Broad conceptual blueprint of federal and provincial/territorial public health policy structures across Canada
● Description of legal frameworks, government responsibility centres and their mandates for treatment access, with reference to specific opportunities for patient engagement
View the video: https://youtu.be/X9AB70om-Dw
Follow our social media accounts:
Twitter - https://twitter.com/survivornetca
Facebook - https://www.facebook.com/CanadianSurvivorNet
Pinterest - https://www.pinterest.com/survivornetwork
YouTube - https://www.youtube.com/user/Survivornetca
Environmental law, also known as environmental and natural resources law, is a collective term describing the network of treaties, statutes, regulations, common and customary laws addressing the effects of human activity on the natural environment. The core environmental law regimes address environmental pollution. A related but distinct set of regulatory regimes, now strongly influenced by environmental legal principles, focus on the management of specific natural resources, such as forests, minerals, or fisheries. Other areas, such as environmental impact assessment, may not fit neatly into either category, but are nonetheless important components of environmental law.
This presentation provides an overview of the FDA regulatory landscape for medical devices. It discusses the FDA structure and centers, the classification system for devices, and the approval pathways of 510(k) clearance and premarket approval. It also covers investigational devices, combination products, and user fees. The goal is to help organizations understand the FDA requirements for entering the US medical device market.
This document discusses Good Automated Laboratory Practices (GALP) which provide guidance for managing automated regulated laboratories. It outlines the importance of standard operating procedures, documentation, logs, training, and concludes that GALP helps streamline laboratory processes and ensures work can be done efficiently within shorter timeframes. Key aspects of GALP covered include security, data management, error handling, change control, archiving, backup and recovery, and hardware maintenance.
Competition Law awareness and enforcement are increasing day by day. Long-term, sustainable growth of big organization, corporation and companies warrants attention to competition law while strategising their growth.
09 Mba Bl Lec Nov 18 Cpa & Unfair Trade Practices FinalUmang Doshi
The document discusses the history and provisions of consumer protection laws in India. It summarizes the key points of the Consumer Protection Act 1986, including that it established consumer courts and specified six consumer rights. It also defines who qualifies as a consumer, outlines unfair trade practices, and discusses various agencies involved in facilitating consumer awareness and dispute resolution.
The document discusses intellectual property rights and international perspectives. It provides an overview of various types of intellectual property including copyrights, trademarks, patents, industrial designs, geographical indications, integrated circuits, and undisclosed information. It describes the basic nature of intellectual property as intangible property providing exclusive rights. The document then examines specific aspects of each intellectual property type in more detail and discusses relevant international conventions for intellectual property protection globally. It emphasizes the need for greater intellectual property rights awareness and education in India.
This document discusses strategies for legal reading, research, and writing. It begins by exploring how people read texts, maps, and music, and how these insights could apply to reading law. It then addresses organizing legal research using citation managers. Finally, it provides guidance on academic legal writing, including different forms of writing, strategies for writing within constraints, planning approaches, and addressing introductions and problem-solving writing specifically. Throughout, it draws on research and references various scholars to support its discussion.
Presentation to the Legal Education and Scholarship: Past Present and Future Workshop in Honour of William Twining, 20.10.10. IALS, University of London.
This document discusses new digital research literacies for legal educators. It outlines scholarly peer networks like SSRN and ResearchGate that can help build an academic profile. Publishing platforms like blogs, slideshares, and Twitter are discussed as ways to disseminate research. The document also discusses altmetrics as an alternative to traditional metrics like citation counting and journal impact factors. It provides examples of how digital research can transform features like replicability, mutability, and connectivity. Finally, it encourages legal educators to engage with emerging technologies to collaborate openly and consider diverse voices.
The document discusses the need to transform legal education pedagogy from a focus on content delivery to experiential learning. It proposes using simulated professional learning environments (SIMPLE) to provide online simulations of authentic legal work. These simulations would incorporate transactional learning principles of active, collaborative, reflective and process-oriented learning assessed against professional standards. Examples of spaces from progressive schools are presented as models for curriculum-driven learning spaces to support different types of activities. Concerns around information management, discussion spaces, and pacing of simulations are also addressed.
The document discusses issues with current legal education technology and proposes alternatives for regulation. It argues that legal education technology is often dull, institution-focused, and lacks social networking elements. It suggests that regulation should help develop new theory and teaching approaches using technology in innovative ways. The document presents alternatives like focusing on learning outcomes rather than instruction methods, promoting open educational resources, and conceptualizing the regulator as a quality enhancer and hub for creativity rather than solely an enforcer of rules.
1. The document discusses regulatory relationships and legal education, focusing on the case of innovation in legal education and the use of technology.
2. It advocates for re-designing the regulation of technology in legal education to encourage fresh approaches, experiential learning, and improve the quality of legal education. Regulators should work with legal education institutions to shape the future of legal education.
3. More research is needed on technology and legal education, as there are still many gaps and little shared understanding across the field. New technologies should be encouraged and incorporated into legal education to improve understanding of their role.
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.
This document discusses the iLEGALL project which aims to investigate the use of mobile devices like iPads in legal education. It is a collaboration between universities in the UK and Ireland.
The project uses iPads in legal courses to compare their functionality to traditional learning systems and create mobile educational resources. Challenges include existing IT infrastructure and app selection. Benefits are speed, usability, and portability of iPads.
The document describes two implementations. One at Northumbria University uses iPads on a law course with student ownership. Another at the Law Society of Ireland uses iPads in continuing professional development courses. Evaluations found students engaged with paperless options but needed IT support
The document discusses using simulations and role-playing scenarios called SIMPLE (Simulated Interactive Multimedia Professional Learning Environment) to teach and assess legal professionalism. SIMPLE allows students to take on legal roles and complete tasks, research, negotiations, and whole case files to develop skills like teamwork, legal research, writing, and ethics. The document provides examples of simulations used at various law schools and discusses how multimedia, social media, and aggregating resources can enhance transactional learning in SIMPLE simulations.
The document discusses the SIMPLE simulation platform and its uses in legal education. It provides an overview of what SIMPLE does, including enabling personalized learning, collaborative learning, and use of simulations. It then describes three case studies where SIMPLE has been used, including a personal injury transaction simulation at Strathclyde University Law School. Students learned skills like legal research, negotiation strategies, and teamwork through participating in the simulation. The document evaluates the personal injury simulation and what students felt they could have done differently.
This document discusses several topics related to legal education, including:
1. Several studies that examine the negative psychological effects of law school on students, including increased stress, changes in values and motivation, and increased cynicism.
2. Legal education has a weak influence on socializing students and career choices compared to the job market. Experiential learning allows development of new teaching approaches.
3. There is a need to rethink legal education practices and infrastructure in the digital age, including knowledge representation and learning resources. New technologies can enable transformative learning experiences.
The document discusses using standardized clients (SCs) and simulated practice environments (SIMPLE) to teach professionalism to law students. SCs are laypeople trained to discuss legal cases with students and assess students' client-facing skills. SIMPLE involves online simulations of authentic legal work. The authors propose converging the two approaches at the University of New Hampshire law school by having SCs role-play clients that students interact with through a SIMPLE simulation over video conferencing. This would allow formative and high-stakes assessment of students' professional skills in an immersive simulated practice environment.
The simulated client initiative aims to develop a practical and cost-effective method of assessing lawyer-client communication skills using simulated clients. Research conducted in Scotland found that simulated clients can reliably and validly assess important communication skills. The method has now been adopted by several law schools internationally. Benefits include making client satisfaction and feedback the focus of assessment, and challenging traditional legal education approaches. Open questions remain around ensuring consistency in simulated client training and performance.
Seminar on the use of digital resources, particularly webcasts & podcasts, in legal education, and their effects on the design of learning and teaching.
This document discusses new media and digital research literacies. It describes various digital tools and platforms for scholarly communication and research dissemination, including blogs, social networks, slidesharing, and altmetrics. It also addresses how digital technologies can transform research through features like replicability, mutability, connectivity, and portability. Deeper issues are explored around what constitutes "digital" and how digital technologies may alter social interactions and literacies.
The document discusses recommendations from the Legal Education and Training Review (LETR) regarding ethics and legal education. It notes that LETR emphasizes experiential learning and improving regulation through adopting fresh approaches. It recommends that legal education schemes include learning outcomes on professional ethics, legal research skills, and communications skills. LETR also stresses the centrality of ethics to legal practice and encourages developing approaches to ethics education beyond just conduct rules. The document examines different regulatory approaches and tools to redesign ethics education, such as participatory regulation and shared space concepts. It also outlines needs like mapping the ethics education research field and improving longitudinal research on ethics learning over time.
The document discusses discourse communities in Scots law and culture, including the natural law philosophies of prominent Scottish thinkers like Francis Hutcheson, Adam Ferguson, and Walter Scott. It examines how their work contributed to the development of legal and philosophical discourse in Scotland and the conflicts that arose from different perspectives in literature and society. Key concepts of natural law, virtue, justice, and rights are explored in the context of 18th century Scottish enlightenment thought.
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.
The document discusses convergence and fragmentation in legal education, research, and informatics. It notes how new media is converging across industries but also fragmenting how students access and understand information. Examples are provided of simulations and online projects that aim to improve legal research skills and encourage collaborative learning over individual content consumption. The conclusion advocates shifting focus from legal content to skills, using open resources collectively, embedding media in classes, and using simulations to practice complex legal thinking.
This document discusses the roles and training requirements for legal professionals in England and Wales. It explains that solicitors usually work directly with clients, while barristers specialize in advocacy work. Their training involves obtaining law degrees or diplomas, completing vocational courses, and multi-year apprenticeships. Recent reforms have made the legal profession more integrated, and all legal professionals are now regulated by independent oversight bodies to investigate complaints.
As part of the 2010 series of Careers After Biological Sciences talks at the University of Leicester, paralegal Leigh Wodke gave an introduction to the different roles served by lawyers and the conversion process as a non-Law graduate
www.biosciencecareers.wordpress.com
The document appears to be a project or report on legal ethics from a law student. It includes the following sections:
1. An introduction to legal ethics and its significance.
2. Areas where legal ethics apply, including conflicts of interest, confidentiality, advertising, fees, criminal cases, and globalization.
3. A section on the ethics of the legal profession, including its meaning and need as well as the role of the Bar Council of India in regulating standards.
4. Sections covering professional ethics rules regarding an advocate's duties toward the court, clients, opponents, and other duties.
The document provides a high-level overview of the key topics and considerations around legal ethics for
Both barristers and solicitors require an LLB degree. Solicitors must then complete an LPC and 2-year training period to qualify, while barristers must join an Inn of Court, complete vocational courses and undertake a pupillage of 2 six-month periods to be called to the Bar. The 1990 Courts and Legal Services Act sought to improve legal training, but criticisms remain around the training process for solicitors.
Both barristers and solicitors require an LLB degree. Solicitors must then complete an LPC and 2-year training period to qualify, while barristers must join an Inn of Court, complete vocational courses and undertake a pupillage of 2 six-month periods to be called to the Bar. The 1990 Courts and Legal Services Act sought to improve legal training, but criticisms remain around the training process for solicitors.
Both barristers and solicitors require an LLB degree. Solicitors must then complete an LPC and 2-year training period to qualify, while barristers must join an Inn of Court, complete vocational courses and undertake a pupillage of 2 six-month periods to be called to the Bar. The 1990 Courts and Legal Services Act sought to improve legal training, but criticisms remain around the training process for solicitors.
Mr. Ehsan Kabir values client care and strives to provide this to perfection. Clients are thoroughly impressed with his commitment to them regularly appraise him for this.
The document outlines the different qualifications, training, and roles of solicitors and barristers in the UK legal system. Solicitors usually deal directly with clients, while barristers specialize in advocacy work and represent clients in court. The training process for both careers involves obtaining a law degree or other qualifications, completing vocational courses, and undertaking practical training periods like the training contract or pupillage.
The document provides a brief history of legal education in Singapore, beginning with its establishment in 1957 within the Law Faculty at the University of Malaya. It discusses the key principles established, such as an academic rather than vocational focus. It also outlines the challenges facing legal education today, including internationalization and changing skills needs. Finally, it summarizes the qualifications and regulations for legal professionals in Singapore under the Legal Profession Act.
This document summarizes the key findings and recommendations from a project called the Legal Education and Training Review (LETR) that assessed legal education and training systems in England and Wales. The summary includes:
1) The LETR project aimed to help regulators develop legal education policies by assessing existing education programs, identifying required skills, and making recommendations to make education more responsive to emerging needs.
2) The LETR made several recommendations related to learning outcomes, standards, competencies, coordination between regulators, and expanding the regulatory framework to include unregulated sectors. Many of these recommendations were adopted by the regulators.
3) Continuing issues discussed include ensuring diversity and inclusion, defining competencies needed in the 21st century,
The document outlines the process for becoming a solicitor or barrister in Ireland. Qualifying as a solicitor involves 4 steps: taking preliminary and final exams, completing a 24-month training contract, and professional practice courses. Qualifying as a barrister involves obtaining a law degree, passing entrance exams and completing vocational training at King's Inns and a 12-month apprenticeship. Solicitors represent clients and provide legal advice, while barristers specialize in presenting cases in court.
Law2020 is an international legal training firm that is returning to Dubai on March 25-26, 2015 to provide a two-day workshop on international joint ventures and acquisitions. Their training focuses on practical case studies and discussions to prepare lawyers for cross-jurisdictional deals. They emphasize understanding different legal perspectives from various common law and civil code countries. By incorporating local experts and perspectives into their materials and panels, Law2020 aims to give trainees relevant insights on how issues would be approached in different practice areas and ensure clients receive competent legal support globally.
Paralegals are an integral part of the legal system in Canada. Their services are in demand from, amongst others, various courts, government ministries and agencies, a vast array of businesses, law firms, mediation firms, correctional facilities, educational institutions and various other organizations. Paralegals have been referred to as “the backbone of today’s legal system, and they can work as employees, agents or as independent contractors. https://ccbstcollege.com/program/paralegal/
This document describes the training and qualifications needed to become a barrister or solicitor in England and Wales. It outlines the various stages of legal education such as obtaining law degrees, completing vocational courses like the Legal Practice Course (LPC) or Bar Professional Training Course (BPTC), and then undertaking paid training contracts or pupillages. The document also provides details about the types of work barristers and solicitors do, such as representing clients in court or advising on legal matters. It notes recent changes that have expanded solicitors' rights of audience in higher courts and questions whether the two legal professions should be more closely linked or fused in their training.
The document describes the training and qualifications needed to become a barrister or solicitor in England and Wales. It explains that both careers require obtaining a law degree or conversion course, then completing vocational legal training which for solicitors is the Legal Practice Course (LPC) and for barristers is the Bar Professional Training Course (BPTC). Barristers must also join an Inn of Court and complete pupillage which includes working under supervision. The document compares aspects of the two careers such as rights of audience and areas of specialization, noting that some changes have recently allowed solicitors to obtain increased advocacy rights. It raises the question of whether the professions should be more closely linked or "fused" in their training.
1. The document provides an overview of a workshop on assessment held by the Law Society of Ireland on June 27th, 2022. It includes an agenda with sessions on research, ideas, and applications around assessment as well as examples of assessment architecture.
2. In the first plenary session, Professor Paul Maharg discusses key concepts around research, ideas, and applications for assessment including questions to consider around the relevance, feasibility, and practicality of different assessment approaches.
3. Examples are given of signature pedagogies, transforming pedagogies, entrustable professional activities, and programmatic assessment which aim to make assessment more learner-centered, skills-focused, and integrated with professional practice.
Professor Paul Maharg presented on assessment in legal education at a workshop of the Law Society of Ireland. The presentation included:
1. A taxonomy of task analysis for assessments in simulations, ranging from discrete tasks to assessments involving an entire case file and performative skills.
2. Results from a study on using simulated clients for interviewing assessments, which found it to be more reliable and valid than traditional assessment methods.
3. Ways that problem-based learning can be designed to ensure both breadth and depth of learning, and forms of assessment that align with problem-based learning methods like exams involving analysis of new or previously seen case studies.
teacher-student relationship
3. Assessment practices
4. Conceptions of expertise
5. Professional identity formation
6. Disciplinary boundaries
7. Power relations in the classroom
8. Access to justice issues
9. Technology affordances
10. Globalization of legal education
It repositions people as co-producers and co-designers of learning.
The document discusses professional legal education and its regulation and use of technology. It covers two main topics:
1. Regulation: It discusses using simulated clients/standardized patients to assess law students' client interviewing skills. Studies found simulated clients can reliably evaluate students and improve listening skills.
2. Technology: It addresses using digital tools and platforms to transform legal education. Questions how to help students transfer academic learning to practice and learn with others. Suggests giving students space to practice independently directing their learning through feedback.
1. The document discusses the Simulated Client Initiative (SCI) in Canadian legal education. SCI uses simulated clients, who are non-lawyers trained to evaluate law students' client interviewing skills.
2. SCI was first developed in Scotland and has been implemented at Osgoode Hall Law School and the Canadian Centre for Professional Legal Education. At Osgoode, 300 1L students complete formative SC interviews annually. At CPLED, 800 students complete mandatory SC interviews as part of bar admission training.
3. The COVID-19 pandemic required transitioning SCI to online formats. While technology enabled greater accessibility, online interviews posed new challenges regarding non-verbal communication and technical issues. Overall,
This document discusses approaches to regulating the legal profession and legal education. It makes several key points:
1. Established approaches to regulating competencies need to change as the profession becomes more fluid and fragmented. New approaches like shared space regulation and participative regulation may have a role to play.
2. Professionalism is essential for regulation but insufficient on its own. Attributes like empathy, social commitment, and courageous spirit are also important but often overlooked in legal education and assessment.
3. COVID-19 has revealed failures in legal education and technology that now require urgent and radical change, such as moving to more learner-centered phenomenological models of education.
4. Three future examples are discussed where competence
Paul Maharg argues that the Covid-19 pandemic has highlighted longstanding failures in legal education related to technology and assessment, and that radical changes are now urgently needed. Specifically, he claims legal education has failed to properly invest in and develop educational technology, lacks coherent leadership on the issue, and relies too heavily on standardized assessments that do not adequately measure important attributes like values, attitudes, and skills. Maharg advocates reshaping legal education with student-centered models like problem-based learning and revising regulatory standards to focus more on practice readiness and professional formation.
This document summarizes Paul Maharg's discussion of digital technologies in legal education. It outlines some of the failures of legal edtech to date, including lack of investment and leadership. It then discusses assessment in legal education, contrasting technical and phenomenological models. Finally, it provides examples of collaborative models for reshaping the legal curriculum, such as problem-based learning, and discusses creating collaborative online structures and initiatives in the US and Canada.
This document discusses giving feedback online using Zoom. It recommends positioning the camera at eye level, using a headset microphone, and checking student video images. When giving feedback, ask reflective questions, let students react in chat or live, and focus on the student rather than stories. Maintain balance by controlling and relinquishing control, talking and listening, directing but also being intimate, and focusing on time while acknowledging chat. The overall goal is flexible yet effective online tutoring and feedback.
1. Simulated clients (SCs) are trained actors who take on client roles to allow law students to practice client interviews. The Simulated Client Initiative aims to develop a reliable and valid method of assessing law students' client communication skills.
2. SCs undergo training that includes reviewing scripts together, discussing their roles and feelings, and practicing taking on their client roles through mock interviews.
3. Research has found the use of SCs to assess law students' client interviewing skills results in more reliable and valid evaluations than traditional methods, and is also more cost-effective. SCs are now used at many law schools internationally to train and assess students.
The document discusses Paul Maharg's presentation on the hermeneutics of legal education. The presentation covers 5 case studies: 1) the shift in Scots legal education during the Enlightenment, 2) theoretical shifts with digital education in legal education such as transactional learning and extended CHAT theory, 3) the use of diegetic learning through disruption, 4) the interdisciplinary shift through simulated clients, and 5) implications for future law school practices. The presentation argues that understanding legal education requires a hermeneutic approach that considers how traditions are interpreted against each other.
The document discusses media convergence and fragmentation in legal education. It provides examples of how multimedia simulations (sims) are being used in legal education and analyzes some case studies. Specifically, it examines:
1) Problems and solutions related to managing student work and voice in online contexts. This includes issues of information management, managing professional voice/register, and fostering collaboration.
2) The development of a simulated legal work environment called ALIAS to support collaborative writing and genre learning among law students.
3) A study on the use of simulated clients to assess law student interviewing skills, finding they can provide more reliable and valid assessment than traditional methods.
This document discusses the hermeneutics of legal education. It begins by defining hermeneutics as the interpretation and understanding of texts. It then explores how legal education itself can be interpreted, including how different traditions are read against each other and how academics and professionals are integrated.
The document presents several theoretical frameworks for understanding legal education, including transactional learning and extended cultural-historical activity theory. It uses the example of Scots legal education during the Enlightenment to illustrate a shift.
Finally, it discusses the implications of this hermeneutic perspective, noting that legal education can be both complicit with and contestatory against neoliberal tendencies, and that new forms of transformational learning
The document discusses two case studies of alternative approaches to legal education and assessment. The first case study examines the use of simulated clients to assess law students' client interviewing skills. A pilot at the Glasgow Graduate School of Law found that simulated clients could reliably and validly assess important client interviewing aspects, and were more cost-effective than the previous assessment system. The second case study notes that focusing the assessment on the client's perspective and experience, such as through criteria evaluated by the simulated client, changed how students learn client-facing skills.
This document discusses problem-based learning (PBL) as an example for reshaping legal education curriculums. It provides an overview of PBL, including its 7 steps and characteristics. PBL has been used in various law school programs, such as designing contracts tutorials and blended simulation environments. Webcasts are also discussed as a tool for legal education design. Different versions of webcasts over time are shown and how they can be used for categorizing legal subjects and demonstrating legal processes. Student feedback indicates that PBL and webcast approaches helped their exam preparation by providing more explanation and making the material more engaging and easier to understand. The document advocates for shifting legal education practices to focus more on open access learning networks and aggregated,
The document discusses three future portraits of law school as a design school based on principles of problem-based learning and the Bauhaus movement, a kindergarten focused on multimedia and developing student identities, and an art school emphasizing creativity, legal reasoning, and the development of habits through practice. It also examines how traditions in portraiture, education approaches like the Bauhaus, kindergarten and art school models could influence and renew legal education.
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1. Professor Jane Ching
Nottingham Trent University
Professor Paul Maharg
Australian National University
Legal Professions
and Professional Legal Education
in England and Wales
2. 2
preview
We shall –
discuss the shape of the legal services sector in England and Wales,
including the alternative business structure (ABS) position
consider the emerging educational frameworks for the legal professions
in England and Wales, in the light of and after the Legal Education and
Training Review report in June 2013
compare the regulatory situation in England and Wales with aspects of
professional legal education regulation in Australia.
3. 3
overview
Legal services regulation in E+W is an example of supercomplexity,
LETR showed this extended to legal education in an evidence-based
report that detailed the effects of such complexity
The frontline regulatory bodies have replied, in a variety of ways, some
of which are more or less radical
There are implications in this process for Australian legal education, its
regulation and global regulation
5. 5
Barristers, costs
lawyers, legal
executives, licensed
conveyancers, notaries,
patent attorneys,
registered trade mark
attorneys and solicitors
…
and paralegals, legal
secretaries, barristers’
clerks ….
Advocates,
solicitors,
notaries, patent
attorneys,
registered trade
mark attorneys
and regulated
paralegals
Barristers,
patent
attorneys,
registered
trade mark
attorneys,
solicitors.
Advocates
Advocates,
solicitors
(Jersey);
advocates
(Guernsey)
6. 6
Become a solicitor/notary:
LLB in Scots Law (or three
year training contract plus
exams)
Diploma in Professional
Practice
Two year traineeship.
Become an advocate:
Complete (almost) all of
the solicitor route
Pass Faculty of Advocates
exams
8-9 month period of
devilling
Become a registered paralegal
Become an IP attorney
Alternative business
structures will be available in
Scotland under the Legal
Services (Scotland) Act 2010,
but in a different model from
that available in England and
Wales
7. 7
Northern Ireland
Become a solicitor:
Recognised law degree
Vocational course in parallel
with two year training contract
Become a barrister:
Recognised law degree
Diploma in Professional Legal
Studies
12 month pupillage
Become an IP attorney
Alternative business structures
were rejected in 2005.
8. 8
Crown Dependencies
Isle of Man
LLB/GDL
LPC or BPTC
Two years of articles, during which you must pass
the Manx Bar exams
Jersey
LLB/GDL
Jersey Law course and examinations during practical
experience (2 years for an advocate, 3 for a
solicitor)
Jersey solicitors can become advocates after 3
years, otherwise advocates must have previously
qualified as a solicitor/barrister elsewhere in the UK
Guernsey/Alderney/Sark
Qualify as a barrister or solicitor elsewhere in the UK
Certificat d’Etudes Juridiques Françaises et
Normandes
Guernsey Bar examinations before or after 6-12
months pupillage
10. 10
Legal Professions in
England and Wales
Regulated under the Legal Services Act 2007
Solicitor (138,243 with practising certificates)
Barrister (15,279 in practice)
Chartered Legal Executive (7,927, but c 20,000 CILEx members)
Patent Attorney (2,034)
Licensed Conveyancer/CLC probate practitioners (1,222)
Registered Trade Mark Attorney (794)
Notary (792)
Costs Lawyer (562)
[some accountants]
Regulated separately
Claims Manager
Immigration Advisor
Not currently regulated
Paralegals
Will writers
11. 11
Legal Services Act 2007
The regulatory objectives
(a) protecting and promoting the public interest;
(b) supporting the constitutional principle of the rule of law;
(c) improving access to justice;
(d) protecting and promoting the interests of consumers;
(e) promoting competition in the provision of services within subsection (2);
(f) encouraging an independent, strong, diverse and effective legal profession;
(g) increasing public understanding of the citizen's legal rights and duties;
(h) promoting and maintaining adherence to the professional principles.
“reserved legal activity”
(a) the exercise of a right of audience;
(b) the conduct of litigation;
(c) reserved instrument activities;
(d) probate activities;
(e) notarial activities;
(f) the administration of oaths.
12. 12
Professional Bodies/Regulators
Professional body Regulator
Law Society of England and Wales Solicitors Regulation Authority
Bar Council Bar Standards Board
Chartered Institute of Legal Executives CILEx Regulation
Association of Costs Lawyers Costs Lawyer Standards Board
ITMA/CIPA Intellectual Property Regulation Board
Society of Licensed Conveyancers Council for Licensed Conveyancers
Notaries Society/Society of Scriveners of the
City of London
Faculty Office of the Archbishop of
Canterbury
Legal Services Board
13. 13
and the ABS regulatory
position is…
Who From No of
ABSs
Which reserved activities
Rights of
audience
Litigation Reserved
instrument
activities
Probate Notarial
activities
Oaths
CLC 2011
46
(related to
conveyancing only)
SRA 2012
344
ICAEW 2014
53
IPReg Some entity
licensing from
2010, ABSs from
2015
(related to IP only) (related to IP only) (related to IP only)
BSB Entity licensing
from 2015 (ABSs
later)
CILEX Reg Entity licensing
from 2015 (not
ABS)
15. 15Skills for Justice, ‘Route Maps of Entry Legal Profession’ (Skills for Justice) <http://www.sfjuk.com/wp-content/uploads/2012/12/Visio-
RouteMapsOfEntryLegalProfession_FullMap-0513.pdf> accessed 8 February 2015
16. 16Skills for Justice, ‘Route Maps of Entry Legal Profession’ (Skills for Justice) <http://www.sfjuk.com/wp-content/uploads/2012/12/Visio-
RouteMapsOfEntryLegalProfession_FullMap-0513.pdf> accessed 8 February 2015
17. 17Skills for Justice, ‘Route Maps of Entry Legal Profession’ (Skills for Justice) <http://www.sfjuk.com/wp-content/uploads/2012/12/Visio-
RouteMapsOfEntryLegalProfession_FullMap-0513.pdf> accessed 8 February 2015
18. 18
Based on a law degree
Solicitors (plus LPC, plus training
contract)
Barristers (plus BPTC, plus
pupillage)
A degree not required (but
you might get credit if you
have one)
Chartered Legal Executive
Costs lawyer
Licensed conveyancer/CLC
probate practitioner
(At least one) degree
required and possible
credit for a law degree
Patent attorneys
Registered trade mark
attorneys
Notaries
LLB
and
GDL
who needs a
law degree?
19. 19
Academics: the LLB isn’t
designed as professional
preparation Hands off!
Regulator: we agree, so
an LLB isn’t mandatory!
Don’t expect us to do
your recruitment for you!
20. 20
Academics: ‘the LLB isn’t
designed as professional
preparation. Hands off!’
Regulator: ‘we agree, so
an LLB isn’t mandatory.
Don’t expect us to do
your recruitment for
you!’
21. 21
Academics: ‘the LLB isn’t
designed as professional
preparation. Hands off!’
Regulator: ‘we agree, so
an LLB isn’t mandatory.
Don’t expect us to do
your recruitment for
you!’
22. 22
“ ...promoting competition in the
provision of services”
Chartered Institute of Legal Executives, ‘Infographic’ <http://www.cilex.org.uk/pdf/Infographic%20A5.pdf> accessed 23 February 2015
24. 24
Webb J., Ching, J., Maharg, P., Sherr, A. (2013). ‘Setting Standards:
The Future of Legal Services Education and Training Regulation in
England and Wales’
http://letr.org.uk/the-report/index.html
http://ials.sas.ac.uk/research/LETR_report.htm
25. 25
research questions
1. What are the skills/knowledge/experience currently
required by the legal services sector?
2. What skills/knowledge/experience will be required by the
legal services sector in 2020?
3. What kind of legal services education and training (LSET)
system(s) will deliver the regulatory objectives of the Legal
Services Act?
4. What kind of LSET system(s) will promote flexibility, social
mobility and diversity?
5. What will be required to ensure the responsiveness of the
LSET system to emerging needs?
6. What scope is there to move towards sector-wide
outcomes/activity-based regulation?
7. What need is there (if any) for extension of regulation to
currently non-regulated groups?
26. 26
Quality of:
Professionalism and ethics
Competence standard, especially on baselines
Addressing “gaps” such as
Legal research and digital literacy
Communication skills (including writing and advocacy)
Commercial and social awareness
Management skills
Equality and diversity outcomes
Thinking about continuing competence
we drew conclusions about…
27. 27
Consistency and quality assurance
Assessing outcomes
Supervision and learning in the workplace
Specialist accreditations
CPD and continuing learning
Cost of training
Apprenticeships
Blending work and study differently
Accrediting work in different environments
we drew conclusions about…
28. 28
Access and mobility
Equality and diversity in entry
Fast track entry for people with experience
Mobility between routes and professions
Information
Flexibility
Different routes to the same end
Different configurations
Future research
LETR’s just the beginning of a process…
we drew conclusions about…
29. 29
we recommended
Regulators should state outcomes and standards
Outcomes defined by reference to the knowledge, skills and attributes
of a competent practitioner
Standards set
Co-ordination and collaboration
Review some content, ie
Redraft ethics, legal research, written and oral communication skills
Introduce concepts of morality and law, values and the role of lawyers
Post-qualification: focus on professional conduct, management, and
equality & diversity by taking account of educational research
Adjust the balances in the LLB/GDL
Assess research, writing and critical thinking in the LLB/GDL
Adjust the vocational courses
30. 30
Flexible structures
Working and studying in different configurations
Adjusting periods of supervised practice (such as the training
contract)
Focusing CPD on learning, not just “hours”
Supporting apprenticeships, access to internships and
placements, progression for paralegals, voluntary regulation of
paralegals outside regulated organisations
Provision of information
On diversity
On careers, options, research, opportunities
Sharing of good practices, research etc between
providers, regulators and government.
we recommended
31. 31
what we said on
assessment standards
4.50 “a move to OBET … may improve reliability of
assessment techniques, rather than the reverse”
4.111 “Existing assessment strategies tend to focus on
conformity as a proxy for consistency”
4.123 There is a legitimate regulatory interest in
ensuring that assessment is robust. It must be capable
of assessing that which it sets out to assess (valid); it
must produce consistent and replicable results
(reliable); and it must assess against the syllabus and
learning outcomesthat have been set out (fair)
4.123 “Standardisation … can be achieved by extending
the number of credible judgments in respect of a task,
and by ensuring that those judgments are collected
and evaluated systematically”
Outcomes, shared standards
and standardisation
4.50 “a move to OBET … may improve
reliability of assessment techniques, rather
than the reverse”
4.111 “Existing assessment strategies tend
to focus on conformity as a proxy for
consistency”
4.123 There is a legitimate regulatory interest in
ensuring that assessment is robust. It must be
capable of assessing that which it sets out to
assess (valid); it must produce consistent and
replicable results (reliable); and it must assess
against the syllabus and learning outcomes that
have been set out (fair)
4.123 “Standardisation … can be achieved
by extending the number of credible
judgments in respect of a task, and by
ensuring that those judgments are
collected and evaluated systematically”
Outcomes, shared
standards and
standardisation
ThanxJulian…
32. 32
assessment of outcomes at the heart of the
system
4.145
Assessment is at the heart of LSET since it provides the key
means of demonstrating that outcomes have been met. LSET
requires more robust and more creative approaches to
assessment. The report therefore makes recommendations
to ensure that legal values are assessed pervasively, and legal
writing and critical thinking assessed discretely at the
academic stage (or its equivalent). It proposes ways in which
client communication skills could be assessed more
realistically; it also suggests that the greater integration of
classroom and workplace learning would increase the
reliability and practice validity of the assessment of
professional skills.
33. 33
Colin Scott’s approach:
‘a more fruitful approach would be to seek to understand where the
capacities lie within the existing regimes, and perhaps to strengthen those
which appear to pull in the right direction and seek to inhibit those that
pull in the wrong way’
‘meta-review’: ‘all social and economic spheres in which governments or
others might have an interest in controlling already have within
mechanisms of steering – whether through hierarchy, competition,
community, design or some combination thereof’ (2008, 27).
Our approach:
Shared space
regulatory approaches
34. 34
Norms Feedback Behavioural
modification
Example Variant
Hierarchical Legal Rules Monitoring
Powers/Dutie
s
Legal
Sanctions
Classic
Agency
Model
Contractual
Rule-making
&
Enforcement
Competition Price /
Quality Ratio
Outcomes of
Competition
Striving to
Perform
Better
Markets Promotion
Systems
Community Social Norms Social
Observation
Social
Sanctions, eg
Ostracization
Villages,
Clubs
Professional
Ordering
Design Fixed with
Architecture
Lack of
Response
Physical
Inhibition
Parking
Bollards
Software
Code
Modalities of control (Murray & Scott 2002)
35. 35
regulatory alternative of
shared space
Shared spaces concept in traffic zones:
Redistributes risk among road users
Treats road users as responsible, imaginative, human
Holds that environment is a stronger influence on behaviour than formal rules &
legislation.
‘All those signs are saying to cars,
“this is your space, and we have
organized your behavior so that
as long as you behave this way,
nothing can happen to you.”
That is the wrong story’.
Hans Monderman, http://bit.ly/1p8fC3u
TheArt&ScienceofSharedStreets,
http://bit.ly/1p8fr8r
SeealsoHamilton-Baillie(2008).
36. 36
participative regulation
Portrait of the regulator as:
Not QA but QE – Quality Enhancer, to focus on culture shifts towards
innovation, imagination, change for a democratic society
A hub of creativity, shared research, shared practices & guardian of
debate around that hub
Initiating cycles of funding, research, feedback, feedforward
Archive of ed tech memory in the discipline
Founder of interdisciplinary, inter-professional trading zones
Regulator as democratic designer
38. 38
the Legal Services Board
Over time we expect regulators to have in place regulatory
arrangements for education and training that deliver the following
outcomes:
Education and training requirements focus on what an individual must know,
understand and be able to do at the point of authorisation
Providers of education and training have the flexibility to determine how to
deliver training, education and experience that meets the outcomes required
Standards are set that find the right balance between what is required at the
point of authorisation and what can be fulfilled through ongoing competency
requirements
Regulators successfully balance obligations for education and training between
the individual and the entity both at the point of entry and on an ongoing
basis
Regulators place no inappropriate direct or indirect restrictions on the
numbers entering the profession
Legal Services Board, ‘Statutory Guidance on Legal Education and Training’
<http://www.legalservicesboard.org.uk/news_publications/press_releases/pdf/20140304_LSB_Education_And_Training_Consultation_Response_And_Guidance.pdf>
accessed 19 May 2015
Legal Services Board, ‘Increasing Flexibility in Legal Education and Training’
<http://www.legalservicesboard.org.uk/what_we_do/consultations/open/pdf/20130918_consultation_paper_on_guidance_for_education_and_training_FINAL_for_public
ation.pdf>
39. 39
CILEx Regulation
Embraced apprenticeships
Obtained rights to independent practice (and changed its
name as a result) including litigation and immigration
“Figures revealed last month by the Central Applications
Board admissions service showed that the number of
applications for the LPC’s 2014/15 session have decreased
by 10% compared to the previous year, however, the
number of applications for CILEx’s specialised graduate
programme has increased by 32% during the same
period.” (August 2014)
Sponsored a “paralegal enquiry”
40. 40
Bar Standards Board
Plans:
Developing a competency framework for barristers
Aligning the Bar Training Regulations (BTRs) to modern regulatory
standards
Establishing an outcomes-focused approach to continuing professional
development
Sharing data to support our regulatory objectives in education & training
Improving access routes to the profession
Collaborative development of Academic Stage regulation
Consulting on a competence statement
“Assessing” alternatives to a graduate route
Possible flexibility and freeing up of the BPTC from 2017, if focus is on
outcomes
“We are not convinced there is a need for us to prescribe the structure of
pupillage” – consultation planned
Piloting and consulting on a non-hours based CPD approach
Bar Standards Board, https://www.barstandardsboard.org.uk/media/1650565/future_bar_training_programme_update_february_2015_pdf__va499362_.pdf
Bar Standards Board, ‘Future Bar Training Continuing Professional Development (CPD)’
<https://www.barstandardsboard.org.uk/media/1668707/cpd_consultation_2015.pdf>
41. 41
Solicitors Regulation Authority
Currently involved in ‘Training for tomorrow’ project:
Qualification stage:
Competence statement
Consultation on a (possibly centralised) assessment
Implications for LLB/GDL; LPC, training contract
“Equivalent means to bypass any of the three stages
Apprenticeships
Post qualification
Competence statement now in place for qualified
solicitors
Non-hours based CPD model adopted
42. 42
regulating irregularly?
In Australia, the example of the ANU GDLP – innovation that
is permitted by a regulator in ACT, with light touch
But cross-jurisdictional accreditation? Multiple regulators?
Multiple standards? Is the field becoming ungovernable?
Accreditation standards at HE and professional stages?
How do we prevent supercomplexity, promote diversity,
ensure outcomes & standard, and a regulatory process that’s
based on sound first principles?
Are we not facing the same problems here?
In every jurisdiction?
43. 43
LETR Recommendation 25
A body, the ‘Legal Education Council’, should be established to provide a forum for the
coordination of the continuing review of LSET and to advise the approved regulators on
LSET regulation and effective practice. The Council should also oversee a collaborative
hub of legal information resources and activities able to perform the following
functions:
Data archive (including diversity monitoring and evaluation of diversity
initiatives);
Advice shop (careers information);
Legal Education Laboratory (supporting collaborative research and
development);
Clearing house (advertising work experience; advising on transfer regulations
and reviewing disputed transfer decisions).
44. 44
contact
Jane Ching, Professor of Professional Legal Education, Nottingham Law
School, Nottingham Trent University, jane.ching@ntu.ac.uk
Paul Maharg, Professor of Law, ANU, paul.maharg@anu.edu.au
Slides @ http://paulmaharg.com.