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.     

Public policy and sequential lineups

The claim that sequential lineups are superior to simultaneous lineups and that our knowledge of sequential lineups is sufficient to warrant their being required by law is reviewed for the validity of both strong and weak claims of sequential superiority, adherence to principles of research design, and the needs of public policy. We conclude, (1) there is little evidence to support the claim that sequential presentation of photos is responsible for lower levels of false identifications, (2) the evidence is weak that the aggregation of factors commonly labeled as the sequential lineup together produce lower levels of false identifications without additional offsetting effects, (3) much of the literature contains several confounds in research design and additional offsetting effects that question its overall utility, (4) recent research shows that the superiority of sequential lineups is restricted to specific ranges on other study design variables, and (5) the corpus of research on sequential lineups does not satisfy the needs of policy sufficiently to justify its mandated use as the required identification procedure throughout the criminal justice system.     

After Postpositivism? The Promises of Critical Realism

This article argues that the current self-understanding of IR theory is misconceived and that it is time to move beyond the stagnant positivism/postpositivism debate. We argue that the attempt to occupy a middle ground compromise position between positivism and postpositivism is untenable because these two positions share much in common. In this sense a middle ground position between two problematic positions does not produce a less problematic position. What is needed is a metatheoretical analysis of the two extreme positions. We attempt to show how both positivism and postpositivism are embedded in a discourse of philosophical anti-realism. This anti-realism occurs as a result of what we call the post-Kantian-Humean 'problem-field' of international relations from which most contemporary positivist, constructivist, and post-structuralist IR approaches stem. We then try to overcome this 'problem-field' by means of radically reclaiming reality through a critical realist philosophy. Once outlined we try to show how this critical realist philosophy can help transcend some of the antinomies currently faced by IR scholars.     

Reviews

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