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Professional legal education in Scotland: the community of practice

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Osgoode Professional Development, Osgoode Hall Law School, York University
Osgoode Professional Development, Osgoode Hall Law School, York University

The document discusses issues with the current model of professional legal education in Scotland and proposes reforms to address past deficits. Specifically: 1. There is currently no clear concept of linkage between different stages of legal education and no agreed performance standards across providers. 2. A new curriculum structure is proposed that has professionalism at its core, is flexible, and builds on jurisdictional knowledge through a community of practice approach. 3. Forming a community of practice among legal education providers is suggested, with initiatives like shared resources, peer review, and disseminating innovative practices.

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Professional legal education in Scotland: the community of practice Professor Paul Maharg Glasgow Graduate School of Law
L ittle effective consideration of: what professional education is what other professions are doing what other jurisdictions were doing there are no learning outcomes for DLP DLP c urriculum has become a puzzling amalgam of topics there is no clear concept of linkage between LLB, DLP, traineeship, CPD N o linkage of professional standards on DLP to Society’s professional standards, except where developed locally R egulatory relationship is still fuzzy. Which model will be adopted? Top-down, detailed monitoring, as per SRA in England & Wales? An alternative? If so, what? t he past deficits: Society
L ittle effective consideration of: what professional education is what other professions are doing what other jurisdictions were doing u nacceptable variation in teaching, learning, assessment standards between DLP providers DLP curriculum was made sense of locally by providers, who were, historically, given wide latitude by the Society; but there was almost no educational planning across providers little sharing of resources, no sense of effective practice across centres, no agreed performance standards little linkage with LLB or traineeship Relationship with Society unclear t he past deficits: DLP providers
New curriculum structure, with a fresh approach to teaching, learning, assessment that: has professionalism as its core is much more flexible c onstantly learns from other professions & jurisdictions B uilds local strength on jurisdictional knowledge, C onstructs a national community and community standards: based around transactional learning, with the concept of professionalism at the core, f ounded on the values of ethical practice as defined by the profession, & as a nalysed by profession and schools, a nd aligned with legal practice in the field w hat’s being proposed by the Society re PEAT 1?
Knowledge, skills, values, attitudes need embedded in a context if students are to understand & practice Inside-school reform needs to begin with outside-school reform. PEAT 1 cannot succeed unless the context of the programme is changed A radical example: US school education … w hy …?
O o ur impovur Berliner, D.C. (2006) Our impoverished view of educational reform. Teachers College Record, http://www.tcrecord.org/Content.asp?ContentID=12106 poverty & school education in the USA
http://www.highscope.org/index.asp
Professionalism Professional relationships Professional communications 1. core professionalism values
L ink up stages, eg so that PEAT 1 genuinely supports PEAT 2 & workplace learning – embed in Hons year? E mbed in workplace training? What about intensive, immersive education? Why tie a programme to a span of time? F ull-time & part-time – how part-time? O nline learning? Almost completely online, as per Australian National University GDLP? C ore & electives – which electives? Who writes them? F or whom? Using which technologies? Which versions of resources? Any models from other professions? 2. flexible curriculum
Eg elective on l eadership … Adapted from NHS Leadership Qualities Framework. See: www.NHSLeadershipQualities.nhs.uk How would we create an elective in this topic, either in PEAT 1, PEAT 2, or maybe a two- part elective across both programmes…?
… so that we learn about improving our cultures of teaching, learning, assessment. How do we do that? Liaise with each other on a consistent basis Work with each other on joint projects Make that work transparent to all stakeholders Assess our own work on an evidential basis Write, make public our work to the profession in Scotland, and to the international communities of legal education who are interested in what we are doing. 3. learning programmes
SRA Law Society of Ireland Japan (Nagoya, Kwansei Gakuin Universities (Osaka)) Hong Kong University Taiwan (National University) Australia (Griffiths, U of Queensland, ANU) USA – Harvard, Cornell, Georgia State U., Franklin Pierce, UCLA, the ABA Education C’ttee, CALI Netherlands – Vrei Universiteit, Amsterdam, Utrecht, Groningen Spain – International Institute for the Sociology of Law, Oñati. who are interested in what we do…?
Requires us all to: R ecruit local tutors … but train to common standards Commit to and contribute to design standards … and tailor to local contexts E nhance links with local faculties … but prepare students for practice across Scotland F oster an understanding of other disciplines & professions … while focusing on the profession’s core professional values, and those of our legal educational community 4. local strength, jurisdictional knowledge
What type of standards? Quality of teaching Resource quality Content detail D evelopment of professionalism, skills, attitudes in legal education our community standards
5a. transactional learning… Transactional learning: active learning through performance in authentic transactions involving reflection in & on learning, deep collaborative learning , and holistic or process learning, with relevant professional assessment that includes ethical standards
‘ 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 e vidence from medical education
Throughout the programme a student should demonstrate a commitment to: The interests of justice and democracy in society Effective and competent legal services on behalf of a client Continuing professional education and personal development Diversity and public service Personal integrity and civility towards colleagues, clients and the courts s ample Professionalism learning outcome
s ample Professionalism learning outcome Outcome Positive indicator Negative indicator 5. Personal integrity and civility towards colleagues, clients and the courts Is honest with all others on the course; relates to colleagues on the programme with civility; treats tutors, administrative staff and others with respect. Exhibits traits of arrogance, intemperate behaviour, mismanagement of own affairs; lies to colleagues or programme personnel; plagiarises work; adopts the work of others as own work; is abusive or contemptuous towards colleagues or programme personnel.
By the end of the programme students should be able to: Adapt personal style to develop professional relationships Listen, give and receive feedback and respond perceptively to others Understand the basic dynamics of groupwork Act as a group member Lead a group effectively Develop techniques for appraising and developing their skill at forming and maintaining professional relationships sample P rofessional Relationships learning outcome
sample P rofessional Relationships learning outcome Outcome Positive indicator Negative indicator Listen, give and receive feedback and respond perceptively to others Looks at speaker; neither asks questions nor makes comments until speaker has finished; can summarise accurately what the speaker has said without embellishment or omission. Can comment positively and with perception on the performance of others in the group; can accept and act upon feedback from others to improve professional practice Interrupts other speaker; talks over speaker; easily distracted by own thoughts while other is speaking; cannot summarise well what another speaker has said; gives poor or disparaging feedback to peers; comments on person, not task; does not accept feedback from others, or resents being the focus of feedback; sees no relation between feedback and improvement of professional practice
Law Society wants to: Work with institutions, students, staff to bring about collaborative change Plan space where Creative Commons resources and Open Educational Resources (OER) can be created, shared & maintained. E ncourage key initiatives such as Standardized Clients, interactive multimedia, simulation, clinic, new forms of assessment, etc. Form accreditation processes that: incorporate best elements of enhancement and peer review e ncourage sharing effective practice and innovation h elp providers to learn from other professions / jurisdictions process of change…?
We need to form a community of practice, where we: Design for evolution Open a dialogue between inside and outside perspectives Invite different levels of participation Develop both public and private community spaces Focus on value Combine familiarity and excitement Create a rhythm for the community (Wenger, E., McDermott, R., Snyder, W.M. (2007) Cultivating Communities of Practice , Harvard Business School Press, p.51) process of change…?
Re Society … Hosting annual workshop / conference on legal education (Foundation, PEAT 1, 2, CPD) Donating small funds for development of innovation Re PEAT 1 community of practice… Peer review through enhanced external examiner scheme (no new level of bureaucracy) Web dissemination of good practice Partnering in funding bids for innovative practice Disseminating internationally the work of PEAT 1 providers four initiatives for a community of practice…
Re PEAT 1 materials creation: W e create materials for the community W e plan processes, content, common structures, common deadlines, licence structures We share electives or swap them Re sharing PEAT 1 resources: We share unilaterally where we can W e charge maintenance fees where we must We maintain common standards of outcomes via shared experiences in materials production, Exam Boards & workshops. four initiatives for a community of practice…
Today! O ur community of practice website: … starting with ...

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Professional legal education in Scotland: the community of practice

  • 1. Professional legal education in Scotland: the community of practice Professor Paul Maharg Glasgow Graduate School of Law
  • 2. L ittle effective consideration of: what professional education is what other professions are doing what other jurisdictions were doing there are no learning outcomes for DLP DLP c urriculum has become a puzzling amalgam of topics there is no clear concept of linkage between LLB, DLP, traineeship, CPD N o linkage of professional standards on DLP to Society’s professional standards, except where developed locally R egulatory relationship is still fuzzy. Which model will be adopted? Top-down, detailed monitoring, as per SRA in England & Wales? An alternative? If so, what? t he past deficits: Society
  • 3. L ittle effective consideration of: what professional education is what other professions are doing what other jurisdictions were doing u nacceptable variation in teaching, learning, assessment standards between DLP providers DLP curriculum was made sense of locally by providers, who were, historically, given wide latitude by the Society; but there was almost no educational planning across providers little sharing of resources, no sense of effective practice across centres, no agreed performance standards little linkage with LLB or traineeship Relationship with Society unclear t he past deficits: DLP providers
  • 4. New curriculum structure, with a fresh approach to teaching, learning, assessment that: has professionalism as its core is much more flexible c onstantly learns from other professions & jurisdictions B uilds local strength on jurisdictional knowledge, C onstructs a national community and community standards: based around transactional learning, with the concept of professionalism at the core, f ounded on the values of ethical practice as defined by the profession, & as a nalysed by profession and schools, a nd aligned with legal practice in the field w hat’s being proposed by the Society re PEAT 1?
  • 5. Knowledge, skills, values, attitudes need embedded in a context if students are to understand & practice Inside-school reform needs to begin with outside-school reform. PEAT 1 cannot succeed unless the context of the programme is changed A radical example: US school education … w hy …?
  • 6. O o ur impovur Berliner, D.C. (2006) Our impoverished view of educational reform. Teachers College Record, http://www.tcrecord.org/Content.asp?ContentID=12106 poverty & school education in the USA
  • 8. Professionalism Professional relationships Professional communications 1. core professionalism values
  • 9. L ink up stages, eg so that PEAT 1 genuinely supports PEAT 2 & workplace learning – embed in Hons year? E mbed in workplace training? What about intensive, immersive education? Why tie a programme to a span of time? F ull-time & part-time – how part-time? O nline learning? Almost completely online, as per Australian National University GDLP? C ore & electives – which electives? Who writes them? F or whom? Using which technologies? Which versions of resources? Any models from other professions? 2. flexible curriculum
  • 10. Eg elective on l eadership … Adapted from NHS Leadership Qualities Framework. See: www.NHSLeadershipQualities.nhs.uk How would we create an elective in this topic, either in PEAT 1, PEAT 2, or maybe a two- part elective across both programmes…?
  • 11. … so that we learn about improving our cultures of teaching, learning, assessment. How do we do that? Liaise with each other on a consistent basis Work with each other on joint projects Make that work transparent to all stakeholders Assess our own work on an evidential basis Write, make public our work to the profession in Scotland, and to the international communities of legal education who are interested in what we are doing. 3. learning programmes
  • 12. SRA Law Society of Ireland Japan (Nagoya, Kwansei Gakuin Universities (Osaka)) Hong Kong University Taiwan (National University) Australia (Griffiths, U of Queensland, ANU) USA – Harvard, Cornell, Georgia State U., Franklin Pierce, UCLA, the ABA Education C’ttee, CALI Netherlands – Vrei Universiteit, Amsterdam, Utrecht, Groningen Spain – International Institute for the Sociology of Law, Oñati. who are interested in what we do…?
  • 13. Requires us all to: R ecruit local tutors … but train to common standards Commit to and contribute to design standards … and tailor to local contexts E nhance links with local faculties … but prepare students for practice across Scotland F oster an understanding of other disciplines & professions … while focusing on the profession’s core professional values, and those of our legal educational community 4. local strength, jurisdictional knowledge
  • 14. What type of standards? Quality of teaching Resource quality Content detail D evelopment of professionalism, skills, attitudes in legal education our community standards
  • 15. 5a. transactional learning… Transactional learning: active learning through performance in authentic transactions involving reflection in & on learning, deep collaborative learning , and holistic or process learning, with relevant professional assessment that includes ethical standards
  • 16. ‘ 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 e vidence from medical education
  • 17. Throughout the programme a student should demonstrate a commitment to: The interests of justice and democracy in society Effective and competent legal services on behalf of a client Continuing professional education and personal development Diversity and public service Personal integrity and civility towards colleagues, clients and the courts s ample Professionalism learning outcome
  • 18. s ample Professionalism learning outcome Outcome Positive indicator Negative indicator 5. Personal integrity and civility towards colleagues, clients and the courts Is honest with all others on the course; relates to colleagues on the programme with civility; treats tutors, administrative staff and others with respect. Exhibits traits of arrogance, intemperate behaviour, mismanagement of own affairs; lies to colleagues or programme personnel; plagiarises work; adopts the work of others as own work; is abusive or contemptuous towards colleagues or programme personnel.
  • 19. By the end of the programme students should be able to: Adapt personal style to develop professional relationships Listen, give and receive feedback and respond perceptively to others Understand the basic dynamics of groupwork Act as a group member Lead a group effectively Develop techniques for appraising and developing their skill at forming and maintaining professional relationships sample P rofessional Relationships learning outcome
  • 20. sample P rofessional Relationships learning outcome Outcome Positive indicator Negative indicator Listen, give and receive feedback and respond perceptively to others Looks at speaker; neither asks questions nor makes comments until speaker has finished; can summarise accurately what the speaker has said without embellishment or omission. Can comment positively and with perception on the performance of others in the group; can accept and act upon feedback from others to improve professional practice Interrupts other speaker; talks over speaker; easily distracted by own thoughts while other is speaking; cannot summarise well what another speaker has said; gives poor or disparaging feedback to peers; comments on person, not task; does not accept feedback from others, or resents being the focus of feedback; sees no relation between feedback and improvement of professional practice
  • 21. Law Society wants to: Work with institutions, students, staff to bring about collaborative change Plan space where Creative Commons resources and Open Educational Resources (OER) can be created, shared & maintained. E ncourage key initiatives such as Standardized Clients, interactive multimedia, simulation, clinic, new forms of assessment, etc. Form accreditation processes that: incorporate best elements of enhancement and peer review e ncourage sharing effective practice and innovation h elp providers to learn from other professions / jurisdictions process of change…?
  • 22. We need to form a community of practice, where we: Design for evolution Open a dialogue between inside and outside perspectives Invite different levels of participation Develop both public and private community spaces Focus on value Combine familiarity and excitement Create a rhythm for the community (Wenger, E., McDermott, R., Snyder, W.M. (2007) Cultivating Communities of Practice , Harvard Business School Press, p.51) process of change…?
  • 23. Re Society … Hosting annual workshop / conference on legal education (Foundation, PEAT 1, 2, CPD) Donating small funds for development of innovation Re PEAT 1 community of practice… Peer review through enhanced external examiner scheme (no new level of bureaucracy) Web dissemination of good practice Partnering in funding bids for innovative practice Disseminating internationally the work of PEAT 1 providers four initiatives for a community of practice…
  • 24. Re PEAT 1 materials creation: W e create materials for the community W e plan processes, content, common structures, common deadlines, licence structures We share electives or swap them Re sharing PEAT 1 resources: We share unilaterally where we can W e charge maintenance fees where we must We maintain common standards of outcomes via shared experiences in materials production, Exam Boards & workshops. four initiatives for a community of practice…
  • 25. Today! O ur community of practice website: … starting with ...