Professional legal education in Scotland: the community of practice

Professional legal education in Scotland:

the community of practice

Professor Paul MahargGlasgow Graduate School of Law

PEAT 1 workshop 2009 2

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Little 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 curriculum has become a puzzling amalgam of topics there is no clear concept of linkage between LLB, DLP,

traineeship, CPD No linkage of professional standards on DLP to Society’s

professional standards, except where developed locally Regulatory relationship is still fuzzy. Which model will be

adopted? Top-down, detailed monitoring, as per SRA in England & Wales? An alternative? If so, what?

the past deficits: Society


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Little effective consideration of: what professional education is what other professions are doing what other jurisdictions were doing

unacceptable 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

the past deficits: DLP providers


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New curriculum structure, with a fresh approach to teaching, learning, assessment that:1. has professionalism as its core2. is much more flexible3. constantly learns from other professions & jurisdictions4. Builds local strength on jurisdictional knowledge, 5. Constructs a national community and community

standards:a. based around transactional learning,b. with the concept of professionalism at the core,c. founded on the values of ethical practice as defined by the

profession, & as analysed by profession and schools,d. and aligned with legal practice in the field

what’s being proposed by the Society re PEAT 1?


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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…

why…?


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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


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Professionalism Professional relationships Professional communications

1. core professionalism values


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Link up stages, eg so that PEAT 1 genuinely supports PEAT 2 & workplace learning – embed in Hons year? Embed in workplace training?

What about intensive, immersive education? Why tie a programme to a span of time?

Full-time & part-time – how part-time? Online learning? Almost completely online, as per Australian National University GDLP?

Core & electives – which electives? Who writes them? For whom? Using which technologies? Which versions of resources? Any models from other professions?

2. flexible curriculum


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Eg elective on leadership…

Adapted from NHSLeadership QualitiesFramework. See:www.NHSLeadershipQualities.nhs.uk

How would we createan elective in this topic, either in PEAT 1,PEAT 2, or maybe a two-part elective across both programmes…?


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… 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


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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…?


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Requires us all to: Recruit local tutors

…but train to common standards Commit to and contribute to design standards

… and tailor to local contexts Enhance links with local faculties

… but prepare students for practice across Scotland Foster 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


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What type of standards? Quality of teaching Resource quality Content detail Development of professionalism, skills, attitudes in legal

education

our community standards


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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


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‘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

evidence from medical education


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Throughout the programme a student should demonstrate a commitment to:1. The interests of justice and democracy in society2. Effective and competent legal services on behalf of a

client3. Continuing professional education and personal

development4. Diversity and public service5. Personal integrity and civility towards

colleagues, clients and the courts

sample Professionalismlearning outcome


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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.

sample Professionalismlearning outcome


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By the end of the programme students should be able to:1. Adapt personal style to develop professional

relationships2. Listen, give and receive feedback and respond

perceptively to others3. Understand the basic dynamics of groupwork4. Act as a group member5. Lead a group effectively6. Develop techniques for appraising and developing

their skill at forming and maintaining professional relationships

sample Professional Relationshipslearning outcome


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Outcome Positive indicator Negative indicatorListen, 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

sample Professional Relationshipslearning outcome


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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.

Encourage 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 encourage sharing effective practice and innovation help providers to learn from other professions / jurisdictions

process of change…?


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We need to form a community of practice, where we:1. Design for evolution2. Open a dialogue between inside and outside perspectives3. Invite different levels of participation4. Develop both public and private community spaces5. Focus on value6. Combine familiarity and excitement7. 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…?


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1. Re Society… Hosting annual workshop / conference on legal

education (Foundation, PEAT 1, 2, CPD) Donating small funds for development of innovation

1. 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…


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four initiatives for a community of practice…

3. Re PEAT 1 materials creation: We create materials for the community We plan processes, content, common structures,

common deadlines, licence structures We share electives or swap them

3. Re sharing PEAT 1 resources: We share unilaterally where we can We charge maintenance fees where we must We maintain common standards of outcomes via

shared experiences in materials production, Exam Boards & workshops.


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Today! Our community of practice website:

… starting with ...

Professional legal education in Scotland: the community of practice

Education

Transcript of Professional legal education in Scotland: the community of practice