Lawyers’ wellbeing and professional legal education

Abstract

THIS PAPER examines the wellbeing and satisfaction levels of lawyers in the workplace. It argues that research suggesting a crisis in the legal profession in the United States is comparable with research on wellbeing and levels of satisfaction for lawyers in Australasia. Some reports in both jurisdictions are critical of conventional legal education and practical legal training programs, which do not encourage students to develop personal and interpersonal skills that can improve self‐awareness, communication skills and the capacity to manage stress and anxiety. Consequently, law students are allowed to assume that these “soft skills” are less important for lawyers compared with cognitive skills such as “knowing the law” and “thinking like a lawyer”.

The paper describes the preliminary results of research conducted with graduates of the School of Law at the University of Newcastle Australia. The results confirm existing research to show that clinical legal education programs that expose law students under supervision to clients with real cases may promote the development of interpersonal skills, which in turn may help them cope with stressors in legal practice, especially in the first few years post‐admission.     

Does providing inmates with education improve postrelease outcomes? A meta-analysis of correctional education programs in the United States

Objectives

Our study addresses the question: Does providing inmates with education while incarcerated reduce their chances of recidivism and improve their postrelease employment prospects?

Methods

We aggregated 37 years of research (1980–2017) on correctional education and applied meta-analytic techniques. As the basis for our meta-analysis, we identified a total of 57 studies that used recidivism as an outcome and 21 studies that used employment as an outcome. We then applied random-effects regression across the effect sizes abstracted from each of these studies.

Findings

When focusing on studies with the highest caliber research designs, we found that inmates participating in correctional education programs were 28% less likely to recidivate when compared with inmates who did not participate in correctional education programs. However, we found that inmates receiving correctional education were as likely to obtain postrelease employment as inmates not receiving correctional education.

Conclusion

Our meta-analysis demonstrates the value in providing inmates with educational opportunities while they serve their sentences if the goal of the program is to reduce recidivism.

     

Fitting stories into professional legal education—the missing ingredient

Abstract

THIS ARTICLE considers the absence of story‐telling from legal education in England and Wales. This important aspect of persuasion is quite thoroughly considered in the academic and professional legal literature of the USA and Australia, for example, but has received very little attention in England, specifically when one looks at professional legal education and training. Currently, the training programme for law graduates (who will qualify as barristers1) devotes considerable time to training in advocacy skills and often in case preparation as well but typically little or no time to the concept of story‐telling or story‐framing. These training programmes do not seek to inform our lawyers‐in‐waiting about the ways in which fact‐finders make decisions.

If one actively seeks information and learned comment on the topic of story‐telling, the legal trainer in England is forced to turn elsewhere, usually to the USA. Undoubtedly, research is ongoing in England on the topic of juror decision‐making but at present this tends to be the exclusive province of psychologists. This article will suggest that this topic is a vital missing ingredient in professional legal training in England and that space must be made for its inclusion in such training programmes. Consideration will be given to the most appropriate ways to facilitate this inclusion.

Life is not what one lived, but what one remembers and how one remembers it in order to recount it.2     

One size fits all? Multiple intelligences and legal education

This article argues that teaching and learning methodologies used in undergraduate law degrees are gradually shifting. The traditional model relied on a largely standardised, “one size fits all” approach which assumed that developing legal reasoning through attendance at lectures and participation in tutorials and seminars would produce a successful lawyer. However, today’s law schools are adapting to a large and diverse body of law students, many of whom will move on to careers outside the legal profession. This is being recognised by an increasingly pluralistic approach within undergraduate legal education, aided in no small measure by a greater focus on skills. This article will discuss the theory of multiple intelligences, which rejects the idea of a single measure of intelligence and instead identifies a number of different intelligences with both biological and cultural underpinnings. It is argued that acknowledging these multiple intelligences and using them as an organising concept to vary and diversify teaching and learning methodologies could help to further avoid the “one size fits all” approach and enhance the student experience.     

Consumer education: why the market doesn’t work

A growing literature studies the interactions between fully rational profit maximizing firms, on one side, and biased consumers, on the other side. Along these lines, this paper focuses on the consequences of quality misperception on the market equilibrium, by raising the following question: when quality bias affects consumer choice, do firms have incentives to educate their competitor’s customers in order to attract them? To tackle this issue, I incorporate consumer misperception in a Cournot-type duopoly model and consider the consequences on the market outcome. I focus on the two polar cases, when both firms either exploit consumer misperception, or educate completely their rival’s customers. I show that the market exerts conflicting forces on the firms’ incentives, such as a curse of debiasing might occur even in the presence of substitute goods. Consequently, the opportunity of a legal intervention to trigger consumer education is a key issue.     

Complaints against higher education establishments – an evaluation of recent reform

As a result of the Higher Education Act 2004, the Office of the Independent Adjudicator (OIA) was established to deal with student complaints against universities. This reform was essential for various reasons including human rights legislation compliance and disparity between universities established by royal charter and post-1992 universities (former polytechnics). However, it is arguable that the new system is ill conceived and not performing the required function. As we are all obliged to ensure students are receiving the required pastoral care, this issue has significant and potentially far reaching impact on our practice.     

Educating adults： The critical role of experiential learni in legal education

For too long, legal educators around the world have treated their students as passive learners, dispensing knowledge either through lectures or through Socratic dialogue with individual students. Studies in adult learning have demonstrated the futility of these passive models in developing within our students the knowledge, skills, and values required to be effective and responsible lawyers. This article therefore describes a very different approach to legal education-an approach that uses experience as the crucible through which to develop the lawyers of tomorrow.     

Misconduct allegations and higher education in a southern sheriff’s department

The purpose of this research is to determine if a relationship exists between education level and misconduct allegations for patrol deputies. Official data from 231 deputies were collected from a large sheriff’s office in the Southeastern United States. Significant relationships were found between education level and the number of misconduct allegations, administrative referrals, and sustained allegations. While some college exposure may be beneficial for job performance, a four-year degree might not yield the anticipated benefits.     

The Legal Education and Training Review: regulating socio-legal and liberal legal education?

The Legal Education and Training Review (LETR) which reported in June 2013 conceded that undergraduate law degrees are generally outside the remit of the review other than when there is a direct impact on the provision of legal services. On first glance therefore the review has few implications for those of us interested in delivering a liberal legal education and developing socio-legal approaches to law and legal study. However, on closer reading, the report contains a number of suggestions which, if taken up by the regulators, have significant potential to change law degrees, even if regulation remains “light touch”. This article explores those issues with a particular focus on the implications for liberal law degrees and socio-legal approaches to law teaching. In particular the article will explore issues around possible changes to foundation subjects; the creation of a framework of learning outcomes; the possible strengthening of legal writing and research in the curriculum and the opportunities offered for the introduction of more socio-legal material; and the trickle-down effect likely to be felt by providers of undergraduate law degrees of changes in regulation of legal services and as a result of student, employer and other stakeholder expectations.     

Comparative law in legal education – building a legal mind for a transnational world

This paper considers the role of comparative law in contemporary legal education. The discussion builds on an idea according to which it is helpful to make a distinction between educating lawyers and doing comparative research. It is suggested that we should pay more attention to comparative law pedagogics in today’s world, where law graduates must be prepared for working in a global context. Whereas in academic comparative research the goal is to reach a deep cultural understanding of foreign law, in legal education the goal is to learn to “think like a lawyer”. It is argued that by means of teaching foreign law, it is possible to transfer the focus of legal learning away from detailed rules and instead concentrate on general principles. Comparative law-based material and teaching ought to be regarded as a stimulus that sets the learning process into motion. Moreover, it is claimed that more significance ought to be given to the transnational dimensions of law as part of legal education within all branches of law.