Legal Services Council – Call for Submissions re Proposed Uniform Admission Rules

The Legal Services Council is the body responsible for making new rules under the Legal Profession Uniform Law.

New South Wales and Victoria have passed enabling legislation and the Uniform Law is expected to commence in those jurisdictions from the middle of 2015.

Members of the Admissions Committee appointed to develop proposed uniform Admission Rules are Professor Sandford Clark as inaugural Chair, and:

  • The Hon Justice Emilios Kyrou
  • The Hon Justice Richard White
  • Dr Elizabeth Boros
  • Professor Carolyn Evans
  • Mr John Littrich
  • Mr Gary Ulman

The Admissions Committee has called for written submissions regarding the consultation draft of the proposed Admission Rules.

The consultation draft is available here.

The explanatory paper is available here.

Written submissions will be accepted until 30 January 2015. These can be emailed: submissions@legalservicescouncil.org.au.

You can learn more about the submission requirements and details here.

If you are involved in practical legal training or other aspects of the process for admission of person to the legal profession, I urge you to read the documents and consider lodging a submission.

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#APLEC2014 – Impressions from Day One

This post is a week late because I have been immersed in working with my supervisor comments and review of my thesis chapters, but here goes…

APLEC2014_Sung_Welcome
IPLS Faculty Sing a Maori Welcome at #APLEC2014

The Australasian Professional Legal Education Council annual conference was held in Auckland, New Zealand during 14-15 November 2014. Congratulations to the host, the Institute of Professional Legal Studies (IPLS), for a well-organised and well-resourced conference – my experience as a presenter and attendee was enjoyable, and support staff inspired confidence when setting up for the presentation. The Conference Theme was ‘Creating Communities of Learning’.

Day One commenced with a beautifully-sung  welcome in Maori by members of IPLS (a motif that continued at the conference dinner, with several participants standing to sing in different genres).

Associate Professor Shirley Reushle from the Digital Futures Institute at the University of Southern Queensland spoke to the theme of ‘Learning Community: If I Build It, Will They Come?’

Shirley said we’re all struggling with the same issues – looking for answers – what needs to be done to provide successful learning experiences for students? She outlined the concept of learning community, and spoke to concepts of ‘leadership in creating and maintaining a learning community’ and ‘methods for conducting a learning community’.

Shirley observed  the concept of ‘community’ is highly valued by society, that students want hands-on, interactive, social learning activities – dislike passive learning – and a community of learning needs effective leadership to keep community alive. It is 2-way process – community belongs to everyone – it is about leadership and responsibility, not control. Innovation and fund needs to be a part of a community of learning – it is important to remember learners are people. Collaborative work is something special, it needs structure and purpose also flexibility and fluidity – effective leadership and facilitation.

Shirley asked, do communities of learning work? Are they necessary? What purpose might they serve? She observed that communities of learning involve recognition, and demonstrate acceptance, of differences in perspectives, beliefs, values etc. They involve development of interactive and collaborative skills required in discipline contexts.

Regarding the online learning context, Shirley referred to Ohler JR (2010) Digital Community, Digital Citizen, Corwin – Sage: “many educational systems still force learners to have two lives…”, ie, ‘digitally saturated’ in day-to-day life but ‘unplugged’ in the learning environment. Shirley said a virtual community requires specific efforts including peer-to-peer support – visible presence – efforts to communicate – scholarly dialogue – collaborations with peers – shared resources and practices – and build and deepen knowledge and expertise.

Shirley  used Twitter and SMS polling to ask the audience to contribute their ideas about encouraging communities of learning in an online environment – audience members could tweet or text their responses, which were displayed on the screen via  a website. I have heard of, have not seen, this tech before and I liked it a lot – a cool way to encourage interactions with audience.

Overall this was a good introduction to the community of learning concept –  type the phrase into Google Scholar and you will see the concept pervades teaching and learning in many disciplines.

Then it was time for parallel sessions – this presented some especially difficult choices because so many of the presentations I wanted to attend were running concurrently.

First up I attended a session presented by Judy Bourke (College of Law Sydney) and Maxine Evers (University of Technology Sydney)  on ‘Promoting Graduate Competence in Resilience and Well-Being: Strategies for the New Competency’. It is very good to see  inter-institutional collaborations of this kind. The presentation began with background to the topic, including the work of the Tristan Jepson Memorial Foundation, the resilience@law project, Wellness Network for Law, and the Council of Australian Law Deans (CALD) ‘Promoting Student Well-Being – Good Practice Guidelines for Law Schools‘. There was a discussion of elements of psycho-social factors relevant to employee responses to work, and work conditions, including organisational culture, clear leadership and expectations, good influence and involvement by workers, and balance in work, family, and personal life.  There followed some information about relatively new regulatory changes, including the Law Admissions Consultative Committee (LACC) Uniform Admission Rules Competency Standards rr. 4.6 (‘Resilience and Well-Being’) and 5.16 (‘Self Management). We finished the session by breaking out into groups –  each discussing one of the following:

  1. How to raise graduates’ awareness of importance of personal resilience in legal practice?
  2. What information and resources should we provide to help develop resilience, maintain well-being and identify mental health difficulties e.g. Best Practice Guidelines?
  3. 
How will information and resources be provided?
  4. Should the new competency be integrated with other competencies and subjects?
  5. How can graduates demonstrate they have achieved the new Self-Management element?

Judy and Maxine plan to collate the answers and return them to us in due course.

Time for lunch, with a short but intellectually provocative session facilitated by Ann Beckingham (Leo Cussen Institute), comparing disclosure requirements for admission in different Australian jurisdictions. Discussion was prefaced by information about The Legal Profession Uniform Law Application Act 2014 (the Application Act) enacted in Victoria and New South Wales, and  implications for what might eventually be a national procedure for admission to the legal profession. Ann outlined disclosure requirements in the Victorian jurisdiction, which involves several Practice Directions and Notices, including Practice Notice No. 2 of 2012 (Disclosure Requirements for Applicants). The Victorian requirements for disclosure are extensive (possibly more so than other jurisdictions) and one question is whether these would be adopted by other jurisdictions under a national admissions scheme. Part of the group discussion in this session focused on the administrative load the Victorian requirements generate for individuals and institutions. Other parts of the group discussion centred on potential impingement on natural justice, and parity and equity of outcomes of the scheme. It is a complex and challenging area to research, and I look forward to seeing research developed in this area.

After lunch, we were back into the parallel sessions – Clinical Associate Professor Terri Mottershead (Bond University) presented on ‘Innovating Legal Education through Law School and Law Firm Collaborations’. Terri spoke to common drivers for change for higher education and the legal industry; the coming of age for practical legal education – challenges and opportunities; beyond learning outcomes to competencies; and the new way forward – outcomes, partnerships and collaborations. I really enjoyed this presentation, which covered a lot of ground in detail, and I cannot do it justice here. In discussing common drivers for change, Terri referred to ’21st century practice’ with change driven by ‘more for less’, ‘liberalisation’, and ‘IT’ – emergent themes include ‘globalisation’, ‘technology and access to knowledge/justice’, ‘liberalisation/democratisation of knowledge’, ‘fees/funding/value’, and ‘integration/collaboration/partnership’.  Of particular interest to me was Terri’s discussion of the coming of age of practical legal education and the rise of pracademics. Readers familiar with my research might recall one of my interests is the integration of evidence-based practices and practice-based evidence toward a synthesis of know-what and know-how – the term pracademics seems to be neat fit with this, although on reading Price (2001), Posner (2009), and Susskind (2013), an underlying sense ‘us’ and ‘them’ between practitioners and academics remains. That said, it was heartening to hear someone of Terri’s standing recognising the relevance of pracademic work in professional legal education.

Then it was time for me to present – I will publish a separate post on my session.

Next, Fabian Horton (College of Law Victoria) presented on ‘Future communities – a paradigm shift in knowledge and teaching’. Fabian argued a dichotomy exists wherein ‘the internet, social media and our hyperconnected world can draw us closer together through virtual spaces. Yet at the same time we are becoming more disassociated through the forces of faux relationships, metrics and big data’.  In this context ‘we must rethink the skills lawyers need to properly serve our various communities’ –  Fabian identified  ’emerging legal disrupts’ including  ‘new law’, ‘legal informatics’ and  ‘commoditisation’ of  law – affecting the roles of future lawyers. He questioned what are ‘possible future skills’ that lawyers, and law teachers, will need. I interpreted Fabian as suggesting that traditional attitudes to law and legal education obstruct the impetus and undertaking to investigate possible ‘future’ skills – but this needs to change if law and legal education is to be part of a ‘future community’ in which technology plays a fundamental part.

Fabian’s presentation was thoughtful, challenged to some extent in speaking to relatively new concepts such legal informatics, which are yet to be widely understood legal education audiences.

The final presentation I attended for Day One was Ann-Maree David (College of Law Queensland) on ‘Supervision: the key to surviving and thriving in legal practice?‘  I am very interested in presentations relevant to supervision of pre-admission graduate lawyers and post-admission entry-level lawyers in practice – I believe it to be a neglected area of research in legal education, although I hasten to add there is much useful literature around supervision in the clinical legal education context. Ann-Maree supplied some excellent insights about the interplay (or lack thereof) between institutional PLT, workplace experience, and supervised practice. She pointed to research showing ‘successful students’ had one or more teachers (e.g. PLT practitioners) who were mentors, and had an internship (e.g. work experience) related to what they were learning in institutional coursework. For me, this highlights the widely-held misconception that 4-5 months of PLT coursework is intended to substitute for what were articled clerkships lasting years. As Anne-Maree pointed out, the work experience component of PLT, plus the period of post-admission supervised practice, should work together as part of the legal education continuum – there seems to be some recognition of this in professional guidelines concerning the statutory period of supervised practice. Ann-Maree also described how work experience and supervised practice could and should supply spaces for reflection and reflexivity to integrate learning, understandings, professional and social relations and connections, and how feedback/feedforward and peer mentoring activities play their part in this. An informative presentation that stimulated much discussion.

So that was my #APLEC2014 Day One – I will post about Day Two shortly.


Price, WT 2001, ‘A Pracademic Research Agenda for Public Infrastructure Models/Results Public Works Practitioners Need to Know’, Public Works Management & Policy, vol. 5, no. 4, pp. 287-96.

Posner, PL 2009, ‘The Pracademic: An Agenda for Re‐Engaging Practitioners and Academics’, Public Budgeting & Finance, vol. 29, no. 1, pp. 12-26.

Susskind, L 2013, ‘Confessions of a Pracademic: Searching for a Virtuous Cycle of Theory Building, Teaching, and Action Research’, Negotiation Journal, vol. 29, no. 2, pp. 225-37.

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Concept Mapping Lave & Wenger’s ‘Legitimate Peripheral Participation’

I recently revisited Jean Lave and Etienne Wenger’s canonical work, Situated Learning: Legitimate Peripheral Participation (1991, Cambridge: Cambridge University Press). I am glad I did, because I had forgotten how Lave and Wenger’s theory of “legitimate peripheral participation” might intersect with the sociological dimensions of my research regarding PLT practitioners’ engagement with scholarship of teaching and learning.

For now, I might let the “exhibit speak for itself”. Click on the image for an enlarged view of the concept map. Click here, for a dynamic Prezi version.

Lave and Wenger Legitimate Peripheral Participation

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Research in Australian PLT – Has Much Changed?

Here’s John Nelson,* writing in 1988:
nelson 1988Has much changed since those comments?

It is not always easy to know what current research is undertaken in PLT, because little is published in peer-reviewed scholarly journals, and few practitioners in the field share their work by other means, e.g. social media. There was briefly a dedicated journal for Australian PLT and clinical education, The Journal of Professional Legal Education, which ceased publication in 1998.

There are few articles focused on PLT, particularly scholarship of teaching and learning in PLT, in Australian legal education journals such as the Legal Education Review, and the Journal of the Australasian Law Teachers Association. Of those that are published, few are cited elsewhere, save where the research is the result of collaborations with non-law disciplines, e.g. behavioural sciences.

I’ve nearly completed a bibliometric analysis of 10 journal articles published in scholarly journals since 2006, regarding PLT and relating to scholarship of teaching and learning concepts. My preliminary observations:

The ten articles do not have citation counts on Web of Science, or Scopus, so I was unable to able to do automated citation analysis there. Two articles have citation counts on Google Scholar.

The group of ten articles cited 186 sources:
Articles – 133
Books – 29
Conf Papers – 13
Research Papers – 6
Reports – 5

Google Scholar listed 166 of the sources, with citation counts ranging from nil to 8982 (median = 15) (June 2014). Sources with high citation counts were usually in behavioural sciences.

SCimago SJR ranked journals for 43 citations (June 2014). Of these four were published in The Law Teacher, the only SJR ranked journal cited in the articles that specifically focused on legal education. Five were cross-disciplinary law journals (e.g. involving sciences, psychiatry, behavioural sciences, and politics), and six were law journals. The remaining journals focused on education (15, including cross-disciplinary journals involving technology), psychology (7), and other disciplines including psychiatry, medicine, and management.

JCR ranked journals for 32 citations (June 2014). Of these three were published in the Journal of Legal Education, the only JCR ranked journal cited specifically focused on legal education. Five were cross-disciplinary law journals, and four were law journals. The most numerous disciplines were education (7), and psychology (7). The remainder were comprised of other disciplines including psychiatry, medicine, and management.

Personally, I do not accord any particular magic to citation counts.  I am interested in how we can use bibliometric analysis to empower individual PLT practitioners to operate strategically inside and outside conventional metrics, to make cases, to garner institutional support and allocation of resources to SoTL work. I am also interested in the “Kardashian index” phenomenon, where a social media profile can acquire certain cultural and symbolic capitals, which might help practitioners to garner support and resources for research.

As I have said elsewhere, I think SoTL in PLT is important for many reasons. We need to work on building institutional support and resources for SoTL work. We can also empower PLT practitioners to undertake such work.

* John W Nelson, New directions for practical legal training in the nineties : an evaluation of the curriculum of the College of Law’s P.L.T. Course and its relevance to students’ work experiences in practice / a research project conducted on behalf of the College of Law by John W. Nelson, assisted by Pamela E. Stewart (1988).

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Working with figshare

figsharekgI recently added 27 items to figshare, which is an excellent repository for storing your research outputs.

Outputs can include figures, datasets, media, papers, posters, presentations and filesets.

A lovely thing about this set up, is that figshare attaches a DOI (digital object identifier) to each item. This helps to make all the items capable of citation, and easy to share. Because each item has its own DOI, you can also “altmetric it”, using the Altmetric Bookmarklet. This can reveal whether the item has been shared on social media and online citation managers.

I think it is possible to use figshare for blog posts too. For example, you could save a blog post as a PDF file, upload it to figshare as a “paper”, and tag it as “blog”, together with other relevant tags. It is true that you can already cite a blog post with reference to its URL, but I’m wondering if attaching the post to a DOI might prove to be a more durable form of referencing for research purposes? See C. Titus Brown’s blog post (and the comments attached to it) for an interesting discussion about this last point.

I will be adding more materials to my figshare profile.

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S|M| i |L|E Social Media in Legal Education

twitteravatartisedIt is early days, but there is a new blog in town…

S|M| i |L|E  Social Media in Legal Education is a new collaborative project involving Australian legal academics. The project emerged out of discussions between four academics attending the Australasian Law Teachers Association annual conference at Bond University (Gold Coast, Queensland) during July 2014. It aims to be a useful resource for academics, ECRs and HDR students, law students, and legal practitioners.

 

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