Learning outcomes in legal education Professor Paul Maharg Glasgow Graduate School of Law.

Learning outcomes in legal education Professor Paul Maharg Glasgow Graduate School of Law

Standing Conference on Legal Education, November, 2005 2 How do you arrive at outcomes? Lawyers and educationalists work together: what should students should be able to do, know, value, appreciate? The process:  focuses on essential knowledge, skills, attitudes, values  links back, eg to LLB process and content  sets expectations of student performance  clarifies assessment expectations -- William Spady (1994) Outcome-based Education: Critical Issues and Answers, Arlington, VA, adapted NB:Programmes of study are not essential: outcome statements are distinct from processes of learning and assessment of learning Eg ‘By the end of [X] students should be able to …’

Standing Conference on Legal Education, November, 2005 3 Eg Qualifying as a Solicitor, Annex 1… B. Ability to complete legal transactions and resolve legal disputes, including the ability to: work with clients to identify their objectives, identify and evaluate the merits and risks of their options, and advise on solutions; establish business structures and transact the sale or purchase of a business; progress civil and criminal matters towards resolution using a range of techniques and approaches; deal with various forms of property ownership and transactions; obtain a grant of representation and administer an estate; draft the agreements and other documentation that will enable these actions and transactions to be completed; plan and implement strategies to progress cases and transactions expeditiously and with propriety.

Standing Conference on Legal Education, November, 2005 4 Design-back is critical… David Prideaux (2003) ABC of learning and teaching in medicine: curriculum design, British Medical Journal, 326:268-270

Standing Conference on Legal Education, November, 2005 5 … across three types of curriculum …

Standing Conference on Legal Education, November, 2005 6 … and three levels of urgency must learn now could learn now should learn now

Standing Conference on Legal Education, November, 2005 7 What improvements should outcome statements bring?  clarity as to what constitutes professionalism for lawyers, students and trainees  clearer focus on standards in skills & knowledge  more structured but flexible assessments  statement of a definite threshold of achievement to be reached by trainees at any particular stage  more liaison between partners, eg Law Society, LPC providers, training organisations.  firmer basis for professional accreditation later in a practitioner’s career  encourage innovation in curriculum design & development

Standing Conference on Legal Education, November, 2005 8 Disadvantages of outcomes?  being general, they give little guidance in planning interventions  objectives tend to become ‘ad hoc substitutes for hypotheses’  they give the illusion of predicting what ought to happen  they imply the idea of ‘teacher-proofing’ the curriculum, thus losing the value of ‘divergent interpretations’  they stop students having their own outcomes  they inhibit speculation  they have unexpected consequences for universities as institutions, as well as teacher practice Lawrence Stenhouse, Authority, Education and Emancipation, London, Heinemann, 1983, pp 81-2, adapted

Standing Conference on Legal Education, November, 2005 9 Can outcomes encompass all learning? No – because learning …  is neither a product nor a service (though it involves both)  is not only a change in behaviour but a change in personal values, attitudes, intellectual positions,  cannot be accurately predicted

Standing Conference on Legal Education, November, 2005 10 But outcomes can enable innovation in teaching & learning …  Eg objective structured clinical examination (OSCE):  history-taking  diagnosis  prognosis  for an example of a bioethics OSCE, see  www.wings.buffalo.edu/faculty/research/bioethics/osce.html www.wings.buffalo.edu/faculty/research/bioethics/osce.html  Eg transactional learning:  active learning.  learning to do legal transactions.  transaction + reflection.  collaborative learning.  holistic process learning.

Standing Conference on Legal Education, November, 2005 11 … eg through outcomes-based simulations …  are close to the world of practice, but safe from the (possible) realities of malpractice.  enable students to practise legal transactions, discuss the transactions with other tutors, students, and use a variety of instruments or tools, online or textual, to help them understand the nature and consequences of their actions  encourage collaborative learning and thinking about the type of professional they want to become  students begin to see the potential for the C in ICT; and that technology is not merely a matter of word-processed essays & quizzes, but a form of learning that changes quite fundamentally what and how they learn.  facilitate a wide variety of assessment, from high-stakes assignments with automatic fail points, to coursework that can double as a learning zone and an assessment assignment

Standing Conference on Legal Education, November, 2005 12 … with practical & innovative assessments For examples of forms of assessment, see US Accreditation Council for Graduate Medical Education: http://www.ahsc.arizona.edu/azmec/June%2003%20Newsletter.dochttp://www.ahsc.arizona.edu/azmec/June%2003%20Newsletter.doc.  direct observation or shadowing  standardized oral / clinical skills examinations  objective standardized exams  simulations and models  chart-stimulated recall  global rating  360 Degree Evaluation  OSCE  portfolios  record review

Standing Conference on Legal Education, November, 2005 13

Standing Conference on Legal Education, November, 2005 15 So what could be affected under outcomes- based professional learning? 1. methods of teaching and learning 2. materials and resources 3. timetable of study, work-based practice & assessment 4. subject knowledge and skills that are the focus of classes or workshops 5. pre-existing aims & objectives 6. distance, open, flexible and resource-based learning methods 7. staff training – in designing, teaching, facilitating, assessing 8. evaluation methods aligned to professional practice 9. monitoring and accreditation guidelines 10. wider context of curriculum and work-based context 11. communication & partnership amongst all involved parties

Standing Conference on Legal Education, November, 2005 30 Transactional learning: Private Client project General outline:  Students wind up the estate of a deceased client who dies intestate, via 4 assignments. Students drafted:  Initial Writ  Estate Valuation Correspondence  Forms C1, IHT 200 & supplements  a will  Resources:  no lectures, no exams: instead, tutorials and coursework  50 scenarios  virtual collection of the client’s estate  online assessment & submission of assignments  FAQ  online tutor assessment  on average, six outcomes per assessment

Standing Conference on Legal Education, November, 2005 33 Look again at Qualifying as a Solicitor, Annex 1… B. Ability to complete legal transactions and resolve legal disputes, including the ability to: work with clients to identify their objectives, identify and evaluate the merits and risks of their options, and advise on solutions; establish business structures and transact the sale or purchase of a business; progress civil and criminal matters towards resolution using a range of techniques and approaches; deal with various forms of property ownership and transactions; obtain a grant of representation and administer an estate; draft the agreements and other documentation that will enable these actions and transactions to be completed; plan and implement strategies to progress cases and transactions expeditiously and with propriety.

Standing Conference on Legal Education, November, 2005 34 Can portfolio learning be a key assessment of outcomes? Yes, if it’s a sophisticated & complex learning tool – for example an e- portfolio, which:  is a continuation of undergraduate PDP through to CPD  is wholly electronic and wholly embedded in simulation learning activities and actual legal practice  contains annotated text and video, graphics, animation, etc  draws information from personal, academic and CPD domains  evidences transactional learning and reflection  has assessment zones, personal zones, confidential zones  is wholly the responsibility of the learner-manager, under detailed professional guidelines  is in part under supervision by tutors, supervisors, Law Society

Standing Conference on Legal Education, November, 2005 47 contact details Professor Paul Maharg T:44 00 (0)141 548 4946 E:paul.maharg@strath.ac.uk Blog:http://zeugma.typepad.com Glasgow Graduate School of Law Lord Hope Building University of Strathclyde 141 St James’ Road Glasgow G4 0LU

Learning outcomes in legal education Professor Paul Maharg Glasgow Graduate School of Law.

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Learning outcomes in legal education Professor Paul Maharg Glasgow Graduate School of Law.

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