(Re) Assessing Professional Legal Education

1. (Re) Assessing Professional Legal Education By Linda Kam, Kathy Douglas and Mary Toohey. Graduate School of Business and Law

2. Introduction – The purpose of this paper - how we at RMIT set out to meet challenges to innovate new learning experiences; and in doing so - responded to the requirements of the new Masters (Extended) degree and the new regulatory body (TEQSA); and - responded to RMIT policies which places emphasis on Programs adopting activities and assessments which reflected a practical and vocational context. Information Technology Services

3. Background – The Juris Doctor in Australia The American Law School system Aimed at postgraduate students with non-law degrees. The Australian Quality Framework (AQF) – sets out 10 levels of education and the purpose, knowledge; skills and application of knowledge and skills for each level. Information Technology Services

4. Background – The Australian Quality Framework (AQF) AQF Level 9 recognises 3 forms of Masters degrees:- - Masters (Research); - Masters (Coursework); and • Masters (Extended) – eg Juris Doctor Information Technology Services

5. Background – AQF Level 9 Masters The skills expected of a Masters (Extended) graduate - cognitive skills to demonstrate mastery of theoretical knowledge and to reflect critically on theory and professional practice; - cognitive, technical and creative skills to investigate, analyse and synthesise complex information, problems, concepts and theories and to apply established theories to different bodies of knowledge or practice; - cognitive, technical and creative skills to generate and evaluate complex ideas and concepts at an abstract level; - communication and technical research skills to justify and interpret theoretical propositions, methodologies, conclusions and professional decisions to specialist and non-specialist audiences; - technical and communication skills to design, evaluate, implement, analyse and theorise about developments that contribute to professional practice . Information Technology Services

6. Background – The Tertiary Education Quality and Standards Agency ( TEQSA) The regulatory and quality agency for higher education. Commenced operation in July 2011. To enforce higher education standards framework eg AQF Future development and introduction of more standards framework eg Threshold Learning Outcomes for Juris Doctor programs Information Technology Services

7. Background – Legal skills – what are they? Generally include: interviewing clients; legal analysis and problem solving; legal research; writing clear and concise letters and legal documents; advising clients on dispute resolution options; representing clients in negotiations and mediations and presenting a client’s case persuasively in court.Bobette Wolski, Legal Skills: A Practical Guide for Students, (Law Book 2006) preface. Information Technology Services

8. Background – Legal skills and postgraduate students • the Carnegie Foundation ; William Sullivan, Anne Colby, Judith Welch Wegner, Lloyd Bond and Lee S Shulman, Educating Lawyers: Preparation for the Profession of Law (2007) (the Carnegie Report), Ch 1. • In Australia, recent research –see: Susanne Owen and Gary Davis, Learning and Teaching in the Discipline of Law: Achieving and Sustaining Excellence in A Changed and Changing Environment (ALTC, 2009), 100. Professor Margaret Jackson, Joann Cattlin, Graduate Professional Entry Courses in Accounting and Law (ALTC 2011 ) Information Technology Services

9. RMIT and the Juris Doctor – the challenge from the beginning • Juris Doctor program commenced in 2007. Information Technology Services

10. RMIT – Learning and Teaching Investment Fund award for project entitled ‘ Enhancing the Practical ‘Lawyering‘ skills in the Juris Doctor The intended outcomes of the project: (i) to demonstrate clear potential to improve student learning experiences, outcomes and employment opportunities;  (ii) to be innovative; (iii) to be work-relevant and industry-partnered; (iv) to evidence a clear return on investment and demonstrate the potential for application in areas of the university beyond their immediate context; (v) to show how the impact of the project will be evaluated; (vi) to show how knowledge and best practice from the project will be shared and disseminated. Information Technology Services

11. The Project Design The strategies and tools: • Authentic learning and assessment; • PBL; • Blended learning; • Scaffolding Information Technology Services

12. Overview of project and implementation of Practice Aspects in the Juris Doctor (PAJD) First year students enrolled in Semester 2 2011 (July to November 2011) in Contract, Torts, Criminal and Property Law. 2 mock legal firms were established; 6 legal practitioners to role-play as partners of the 2 firms; Students to role-play as trainee lawyers; Practical activities Written tasks Information Technology Services

13. Application of blended learning Establishment of a website. Materials included: • Scenarios/case studies; • Supporting documents; • Possible practical tasks; • DVDs; • Tips on resources; • Marksheet; • Examples in relation to written tasks. Information Technology Services

14. PAJD – The Practice Sessions the 11th Saturday of Semester – the logistical challenges 61 students 6 practitioners 6 ‘actors’ 1 administrative assistant 1 academic. 2 practice sessions – morning(9 am – 1 pm) and afternoon (2 pm – 5 pm) . Information Technology Services

15. Evaluation • to monitor and review the project within the time and budget constraints; • to evaluate the impact and efficiency of the project ie whether the strategic aims and objectives have been achieved and redesigning and modifying any aspects of the project as required to ensure maximum benefits to the various stakeholders. Information Technology Services

16. The Data Collection • Students – focus group – quantitative and qualitative data (ii) Practitioners – survey – quantitative and qualitative data Information Technology Services

17. The Qualitative Data - students The comments: (i)‘I think it was really, really useful. I loved it and wish it was done for all subjects.’(Student 5) (ii)‘ I think this was more valuable as a learning experience than an essay on academic aspect of legal topic. Put this in for every subject. I think this is so valuable.’ (Student 1) (iii)‘Overall a very beneficial exercise. Other than the comments above the feedback from colleagues has been supportive and appreciative of the program.’(Student 3) Information Technology Services

18. The qualitative data - students (i)‘Moderation of marks, feedback to students…….. currently, there is NO method of redress towards mark awarded by ‘practitioner.’(Student 1) (ii)“Information session where questions could be asked” and ‘Show what is expected’ (Student 2) (iii)“Provide instructions on how to do the written tasks such as: how to write a brief ,how to structure a memorandum and the legal requirements in the content ...“(Student 3) (iv)“Practice session of example of documents i.e. memorandum.”(Student 2) Information Technology Services

19. The qualitative data - students “Some of the partners allegedly were very arrogant, rude and condescending” (Student 3) Information Technology Services

20. The Qualitative Data - students The students’ concerns were summarised into two main areas:- (i) the marking scheme; (ii) more preparation for the practical tasks and written tasks. Information Technology Services

21. The qualitative data – the practitioners “Giving the students a small taste of what to expect in practice’ and ‘taking them out of their comfort zone.’ Practitioner 3. ‘Meeting students and interacting, giving them the opportunity to advise on the spot.’ Practitioner 1. ‘Good way to get students thinking of what work as a solicitor may be like.....Also to think about how they can utilise the theory that they have learnt...Also good to get practitioners involved in student activities and open up opportunities for students to talk to practitioners.” Practitioner 2. Information Technology Services

22. The qualitative data – the practitioners Comments on areas of improvement: ‘Some standardising of the marking and limiting the scenarios to one area of law.’ Practitioner 3   ‘In future, more thought could be turned to preparing students for the activities.’ Practitioner 2.   ‘I found it difficult to be confident my marks were a fair assessment of the students’ performance.” Practitioner 4 ‘I think the students were ‘ambushed’ in the sense that they were given so many possible scenarios and they did not know what part(s) they played until the last minute. I cannot see why we cannot tell them which matter they are going to give advice in say a week before the session.’ Practitioner 1. Information Technology Services

23. The responses and strategies to the data • More guidance to practitioners on mark allocation; • More preparation : - information session; - videos , materials and resources shown in class; - increased scaffolding – video on examples of practical tasks. Information Technology Services

24. Conclusion: Authentic assessment and professional degrees; Our approach – the blended approach incorporating PBL and authentic learning; Design improvements; Helping students to become ‘work-ready.’ Information Technology Services