scholarly journals Legal Education Reform and the Good Lawyer

2014 ◽  
Vol 51 (4) ◽  
pp. 801 ◽  
Author(s):  
Alice Woolley

The critics agree: law schools do it wrong. Stuck in early twentieth century practices that emphasize instruction in legal doctrine in large lecture halls, law schools fail to provide their students with the skills necessary to be practicing lawyers and to be marketable to prospective employers. They fail to instill in their students the “professional identity” necessary to achieve ethical legal practice. This article sounds a cautionary note with respect to those proposals for reform that reject the traditional emphasis on doctrinal teaching. In particular, and in contrast to the critics who view doctrinal learning as inconsistent with, or unrelated to, the creation of ethical lawyers, this article suggests that the emphasis on law in law school serves an essential function in creating ethical legal practice.

2018 ◽  
Vol 7 (2.29) ◽  
pp. 494
Author(s):  
Norfadhilah Mohamad Ali ◽  
Mohd Hazmi Mohd Rusli ◽  
Syahirah Abdul Shukor ◽  
Mohd Nasir Abdul Majid ◽  
Hendun Abd Rahman Shah ◽  
...  

Upon attaining independence in 1957, most judges and lawyers in Malaysia received legal education and legal training in the United Kingdom. University of Malaya was the only premier law school in Malaysia during that time. Gradually, the number of law schools increased and now legal education is available in a number of both private and public universities in Malaysia. The landscape of legal education differ post 2008 when new law schools from public universities were made subject to a review conducted by the Legal Profession Qualifying Board (LPQB) – failure to obtain full recognition will result in students from the universities concerned, having to sit for Certificate in Legal Practice (CLP) examination. In the light of this development, legal education in Malaysia has become under strict  scrutiny by the legal fraternity, and thus it is a question of what reasonable expectation should the country set on the legal education provided by universities. This article will address legal education from the point of view of universities, the relevance of the CLP examination and the level of skills and knowledge required to produce ‘practice-ready’ graduates. The discussion also considers the availability of the 9-months pupillage before admission to the Malaysian Bar and  other criteria for education as provided for by the Malaysian Qualifications Agency (MQA). The whole paper will be based on the  Legal Profession Act 1976, the MQA guidelines, the developments of legal education in Malaysia and the experience of laws schools under review by the LPQB and other stakeholders.   


2019 ◽  
Vol 13 (2) ◽  
pp. 233-283
Author(s):  
Elias N. Stebek

This article examines attainments and challenges in the pursuits of legal education reform launched in 2006. Achievements and challenges in LL.B programmes are examined based on the standards of the legal education reform programme relating to admission of students to law schools, staff profile, standards of reform relating to curriculum, course delivery, assessment, law school autonomy, research, publications, quality assessment and the requisite resources thereof. There are commendable achievements such as raising the duration of legal education from four to five years, the introduction of LL.B exit exam, and the preparation of a significant number of teaching materials. However, the data, documents and literature discussed and analyzed in this article indicate that the level of quality and standards in Ethiopia’s legal education stand below most of the thresholds that were envisaged in the 2006 Legal Education Reform Programme. Key terms Legal education reform · Quality · Standards · LL.B programmes · Ethiopia


2016 ◽  
Author(s):  
Ira Steven Nathenson

In an influential 1996 article entitled Cyberspace and the Law of the Horse, Judge Frank Easterbrook mocked cyberlaw as a subject lacking in cohesion and therefore unworthy of inclusion in the law school curriculum. Responses to Easterbrook, most notably that of Lawrence Lessig in his 1999 article The Law of the Horse: What Cyberlaw Might Teach, have taken a theoretical approach. However, this Article — also appropriating the “Law of the Horse” moniker — concludes that Easterbrook’s challenge is primarily pedagogical, requiring a response keyed to whether cyberlaw ought to be taught in law schools. The Article concludes that despite Easterbrook’s concerns, cyberlaw presents a unique opportunity for legal educators to provide capstone learning experiences through role-playing simulations that unfold on the live Internet. In fact, cyberlaw is a subject particularly well-suited to learning through techniques that immerse students in the very technologies and networks that they are studying. In light of recommendations for educational reform contained in the recent studies Best Practices for Legal Education and the Carnegie Report, the Article examines the extent to which “Cybersimulations” are an ideal way for students to learn — in a holistic and immersive manner — legal doctrine, underlying theory, lawyering skills, and professional values. The Article further explains how the simulations were developed and provides guidance on how they can be created by others. The Article concludes with a direct response to Easterbrook, arguing that cyberlaw can indeed “illuminate” the entire law.


2017 ◽  
Author(s):  
Louis D. Bilionis

Ten years after the publication of Educating Lawyers, a growing number of American law schools are taking initiative to better support their students in the formation of professional identity. There is widespread recognition that success in these efforts requires an element of “purposefulness” on the part of law faculty and staff. Experiences, environments, and pedagogies that actually work for professional identity formation must be crafted and promoted with intentionality. Bringing the requisite purposefulness to the effort, however, will take a mindset about the education of a lawyer that will be new to many in legal education. This article explores that mindset and the habits of the mind that will best serve law schools as they move forward in this area. Schools need not abandon prevailing approaches to the cognitive and skills dimensions of a law student’s education that Educating Lawyers called the first and second apprenticeships, respectively. But when it comes to the third apprenticeship of professional identity and sense of purpose, a reorientation in thinking about law students, their law school, and the educational process is necessary. That change in the way of thinking can be invigorating and empowering, revealing opportunities with time, talent, space, and experiences that have been underexplored by American legal education.


2019 ◽  
Vol 13 (2) ◽  
pp. 191-232
Author(s):  
Elias N. Stebek

Ethiopia’s Legal Education Reform Programme (launched in 2006) was based on series of studies which identified the problems in Ethiopia’s legal education, the causes and consequences of the problems and the standards that are required to be attained by law schools. After more than a decade, however, the level of compliance with the standards is still an issue of concern. This calls for self-assessment by each law school based on check-list regarding (i) the level of awareness about the standards for Ethiopian law schools, (ii) standards that are partly achieved and should be enhanced, (iii) what has not been achieved and should be pursued, and (iv) the problems that have been aggravated. Such self-assessment requires closer examination into the entry point (i.e., student admission and academic staff employment), inputs, processes, student-learning environment, and outputs. This article discusses the factors that necessitated the 2006 legal education reform programme and examines the core elements of the reform without, however, dealing with the details on achievements and challenges. Key terms Legal education · Quality · Standards · LL.B programmes · Reform · Ethiopia


Author(s):  
Kelly Gallagher-Mackay

AbstractThe Nunavut Land Claim Agreement commits federal and territorial governments to the recruitment and training of Inuit for positions throughout government. In the justice sector, there is currently a major shortage of Inuit lawyers or future judges. However, there also appears to be a fundamental mismatch between what existing law schools offer and what Inuit students are prepared to accept. A northern-based law school might remedy some of these problems. However, support for a law school requires un-thinking certain key tenets of legal education as we know it in Canada. In particular, it may require a step outside the university-based law school system. Universities appear to be accepted as the exclusive guardian of the concept of academic standards. Admission standards, in particular, serve as both a positivist technology of exclusion, and a political rationale for the persistence of majoritarian institutions as the major means of training members of disadvantaged communities. Distinctive institutions – eventually working with university-based law schools – have the potential to help bridge the education gap between Inuit and other Canadians. In so doing, they have the potential to train a critical mass of Inuit to meaningfully adapt the justice system to become a pillar of the public government in the Inuit homeland of Nunavut.


2014 ◽  
Vol 14 ◽  
pp. 61 ◽  
Author(s):  
Antoinette Sedillo Lopez ◽  
Cameron Crandall ◽  
Gabriel Campos ◽  
Diane Rimple ◽  
Mary Neidhart ◽  
...  

<p>Assessment of skills is an important, emerging topic in law school education. Two recent and influential books, Educating Lawyers published by the Carnegie Foundation and Best Practices in Legal Education, published by the Clinical Legal Education Association have both suggested dramatic reform of legal education. Among other reforms, these studies urge law schools to use “outcome-based” assessments, i.e., using learning objectives  and assessing knowledge and skills in standardized situations based on specific criteria, rather than simply comparing students’ performances to each other. </p>


2017 ◽  
Vol 48 (2) ◽  
pp. 225
Author(s):  
Lorne Sossin

Legal education is in the midst of a range of challenges and disruptions. This address outlines these dynamics, and explores the potential of social innovation as a model for law schools which both responds to current challenges and enhances resilience in the face of disruption. By reframing legal education as facing outward, and advancing its public interest mandate through partnerships, collaboration and academic initiatives designed to solve social problems, law schools can enhance the student learning experience, generate new forms of legal knowledge and thrive at a time of rapid change. Address delivered at the Australian Law Teachers Association (ALTA) 2016 Conference in Wellington on 8 July 2016.


2018 ◽  
Vol 25 (1) ◽  
pp. 35
Author(s):  
Jacqueline Weinberg

<p>Over the last 30 years alternative dispute resolution (ADR) has become more prominent in Australian legal practice due to the need to reduce the cost of access to justice and to provide more expedient and informal alternatives to litigation. As legal educators, we need to ask: how should we be preparing law students entering practice for these changes? How can we ensure that once they become lawyers, our students will not rely entirely on litigious methods to assist their clients but instead look at alternatives for dispute resolution?</p><p>In this paper, I argue that there is no alternative to teaching ADR in clinic in order to address client needs and to ensure that students engaged in clinical education are prepared for changes in legal practice today. I show that the increasing focus upon ADR in Australian legal practice represents a challenge for law schools, and that legal educators need to ensure they are educating students about ADR.</p><p>I argue that it is important to determine whether ADR is being taught to students undertaking clinical legal education in ways that will enhance their preparation for legal practice. I will show that there is a need to explore: whether ADR is being taught within clinical legal education, the strengths and weaknesses of existing approaches, and how the teaching of ADR within clinics can be improved.</p>


Author(s):  
Sher Campbell ◽  
Katherine Lindsay

In recent years, the Australian legal profession, government policymakers and the nation’s law schools have evinced concern about the future of legal practice beyond metropolitan areas. The issues and suggested responses have been debated in various fora amongst the stakeholders. This paper explores the way in which one regional law schoolwith a distinctive approach to legal education has responded to these issues from an educational and pastoral perspective. Newcastle Law School established its Lawyers of the Future program in 2009. Lawyers of the Future is a multi-faceted initiative, which promotes professional partnerships with the secondary education sector through the Schools’ Visit program, and partnerships with rural and regional professionals through active connections in those areas. The third phase of the Lawyers of the Future program will be the development of rural and regional legal placement sites for senior law students enrolled in Newcastle’s Professional program.Whilst the Lawyers of the Future program has three distinctive and interrelated elements and objectives, it is the placement program that provides the lynchpin. Such a placement program, which is innovative in itself, has a greater educational purpose: the experience of practice in rural and regional areas, together with the process of subsequent engaged and critical reflection, will contribute meaningfully to the development of students’ professional personae in ways which will support an ethos of professional service beyond the narrow confines of practice in the metropolis for the legal conglomerates. 


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