Innovative design of legal practice teaching system based on LETS software

The Day in Court: Legal Education as Sociolegal Research Practice in the Form of an Ethnographic Study

This thesis explores the issue of supervision in the legal profession, with a focus on supervised practice. Supervised practice is a form of work-based training and acts as an important segue between formal university-based legal education and independent legal practice. Supervision is an important issue relevant to a number of contemporary legal education and legal profession debates including: the legal education framework; changes in the nature of legal practice driven by technology; and mental health and well-being. Despite this, the area remains very underdeveloped in the literature. There is some indirect empirical evidence that identifies supervision as important to the development and well-being of lawyers. However, a conceptual understanding of supervision, and the processes it includes, is absent in the literature. Specifically, there is no evidence that identifies the nature of supervision received during supervised practice, whether that supervision is effective and what the impact of that supervision is. This thesis will address this gap in the literature by asking and answering the following Central Research Question: “What are the implications of the legal profession’s current conception of, and approach to, supervision during supervised practice?” This gap in the literature will be addressed by developing an empirically supported theoretical understanding of supervision in legal practice, which surprisingly is yet to be done. The empirical dimension of this research is derived from comprehensive, supervision-specific survey data that provides a rich source of information on the perceptions and experiences of a broad cross section of practising lawyers in Queensland. This thesis relies on a mixed-methods approach to answer the central research question by developing a conceptual framework used to guide and inform the analysis of quantitative and qualitative data. Developing the conceptual framework includes a review and analysis of aspects of the legal education, legal profession and legal practice management literature. This uncovers that supervision in legal practice is conceived primarily as a tool for risk management and profitability. The legal profession’s approach to supervision is myopic when contrasted with supervision in other professional disciplines. The supervision scholarship in other related endeavours has a stronger theoretical foundation and evidence base. In other professional disciplines, supervision is conceived as a multi-functional, relationship-based endeavour concerned with training and development in the workplace. Effective supervision is underpinned by a strong supervisory relationship supported by a range of mechanisms including regular and frequent meetings. When positioned against the literature in other professional disciplines, the legal profession’s conception of supervision can be described in terms of focussing on normative (management) functions with an emphasis on monitoring. This is a limited form of administrative supervision and deficient in its lack of focus on formative (training) and restorative (supportive) functions. The survey data provides evidence that current supervision practices are likely to be ineffective for several reasons including a failure to foster strong supervisory relationships. Supervisees completing supervised practice are significantly more likely than other supervisees to perceive their supervision as inappropriate given their lack of practice experience. There are number of reasons why this is the case. The main underlying reason is that supervision fails to act as a forum for training, development and support. In addition, the supervisory relationship is weakened by a failure to structure supervision around regular frequent meetings and create an environment where supervisees generally feel able to disagree with their supervisor. These factors together provide evidence that the impact of current supervision practices is that lawyers completing supervised practice are at a high risk of not receiving the training and development needed at this stage of their legal training. From this central finding, this thesis makes a number of recommendations directed at the legal profession (including law societies, admitting authorities and individual firms) about how to respond to this challenge. In addition, this thesis also identifies a series of prospects for further research to build on these base-line findings in an underdeveloped area of scholarship.

Legal Education, Globalization, and Cultures of Professional Practice

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.

Legal practice has existed in some form since the dawn of civilization. It stood for protecting the interests and claims of people against the violators. The existence of lawyers can be traced back to the ancient Greek, Roman, and Indian cultures. The present form of the legal profession has its prototype in the British Empire. Thereafter, it is considered a prestigious social position, which has attracted many to legal education and practice. Toward the end of the 20th century, technological advancements initiated digitalization, promoting Artificial Intelligence (AI) systems to accelerate human flourishing. AI tools enhanced the productivity and efficiency of human activities, forcing them to incorporate AI technologies in almost all fields of social relations, including law. Lawyers must be empowered with AI-supported legal education to utilize AI tools, without disregarding the ethical concerns. From this perspective, this chapter critically examines the ethical considerations of AI integration in legal education and practice.

The overall goal to modernize national governance will push forward the process of rule of law in the country and the construction of rule of law with socialist characteristics, which has been explicitly raised in the 3^rd and 4^th plenary sessions of 18^th CPC Central Committee. Legislation, law enforcement and the construction of judicial authority are all key elements for rule of law, and so is the improvement of legal profession. The professionalization and normalization of judicial authority and improvement of legal profession admittance is such a comprehensive project that all relative aspects like legal education, legal profession admittance qualification and the structure of legal profession should be taken into consideration. Legal profession cultivation system is the foundation. Legal profession admittance qualification deeply influences the development and trend of legal education and the qualification of judicial authority. It is imperative to construct a virtuous circle among legal education, legal profession examination and the guarantee of legal identity based on bar exam. By applying the research method of Systems Theory, this paper sets the connection among rule by law, legal profession and legal profession cultivation as the starting point, inspects and researches on legal profession cultivation and admittance as well as the guarantee of legal identity, with a view to contributing to improving the judicial authority that meets the need of the construction of a well-being society and rule by law.

우리 법학교육은 전통적으로 일본과 독일의 영향을 많이 받았다. 1990년대 법학교육 개혁이 사회적 관심사가 되면서 법학교육에서 미국의 영향력이 급속히 커졌다. 2009년 3월 미국로스쿨을 모방한 법학전문대학원 제도를 도입할 즈음 미국 법학교육이 우리나라에 미친 영향력은 최고에 달하였다. 이 글은 미국의 법학교육이 우리 법학교육에 미친 영향을 법학전문대 학원 도입 이전, 도입 즈음, 그리고 도입 10년 후인 현재로 구분하여 검토한 후 마지막으로 향후 전망을 논하고 있다. 미국식 로스쿨을 지향하는 법학전문대학원의 근간은 앞으로도 상당기간 유지될 것으로 전망된다. 그동안 법학전문대학원을 운영하면서 적지 않은 문제가 드러났지만, 그렇다고 폐기해야 할 정도로 현행 제도에 결함이 있는 것은 아니다. 과거 제도에 대한 향수를 가지고 있는 사람도 많지만, 법학전문대학원의 틀이 고착되어 과거로 회귀하기에는 너무 멀리 왔다. 법학전문대학원 제도의 개선 논의는 앞으로도 계속 될 것이다. 주시해야 할 것은 예비시험제와 변호사자격 취득 후 실무연수 강화방안이다. 두 가지 모두 법학전문대학원 제도의 근간을 흔드는 것이어서 실현될 가능성은 크지 않다. 법학교육이 변호사시험에 예속된 상황에서 미국 법학교육이 한국에 미치는 영향은 아주 제한적이다. 새로운 법적 분쟁에 관한 미국 판례 및 학계 반응을 비교법적으로 검토하는 정도에 그칠 가능성이 크다. 교육방법 역시 당분간 지금의 틀을 그대로 유지할 것으로 전망된다. 변호사시험의 방법이 바뀌지 않는 한 교육방법은 바뀌기 어렵다. 미국 로스쿨의 법학교육방법중 소크라테스 방식이 우리나라에서 인기를 끌 가능성은 거의 없다. 리걸클리닉 교육에 대한 관심은 여전히 있겠지만, 변호사시험에 대한 부담감이 사라지지 않는 한 크게 활성화될 가능성은 없다.South Korean legal education was traditionally affected by those of Japan and Germany. As legal education reform became a social issue from the 1990s, the influence of U.S. legal education model has increased rapidly. The influence of the U.S. model reached its peak when the U.S.-influenced law school was instituted in March 2009. In this article, the influence of U.S. legal education model to Korean legal education system will be reviewed in three stages―before the adoption of U.S. legal education model, around the adoption, 10 years after the adoption―and the forecast of Korean legal education will be discussed. The foundation of the law school aiming for the American law school seems to be maintained for a long time. Not a few problems have come out during the operation of the law school, but it is not a big defect to shut down the current system. There are many people who have nostalgia for the past, but the law school framework has been stuck and it has been too far to return to the past. The discussion on improving the law school system will be continued. What should be considered important is a preliminary exam and a plan to strengthen the practical training after attaining a lawyer’s qualification. It is not likely to be realized because both of them will shake the basis of the law school system. The claim that the legal education of the law school should be liberated from the bar exam is strong, but it is not likely to happen. Because the traditional thinking of examining capability through the exam is dominating the Korean legal profession, the bar exam is likely to take the form of assessing legal knowledge in the future. In conclusion, the impact of U.S. legal education on Korea is very limited in the situation where legal education is subject to the bar exam. It is likely that the U.S. case and academic response to the new legal dispute will only be comparatively scrutinized. The education method is also expected to maintain the current framework for the time being. Unless the way of the bar exam changes, the education method is difficult to change. It is very unlikely that the Socratic method of American law school will become popular in Korea. Although there is still interest in legal clinic education, there is no possibility that it will be greatly activated unless the burden of the bar exam is gone.

This study aimed to explore law students' perspectives on the intersection of legal education and social responsibility, focusing on how current educational practices align with the goals of fostering social awareness and responsibility among future legal professionals. Employing a qualitative research design, this study conducted semi-structured interviews with 20 law students from various law schools across the country. The participants were selected through purposive sampling to ensure a diverse range of experiences and viewpoints. Data were analyzed using thematic analysis to identify key themes and subthemes related to students' perceptions of their legal education and its role in preparing them for socially responsible legal practice. Five main themes emerged from the data: Perceptions of Legal Education; Social Responsibility in the Legal Profession; Personal Development and Identity; Institutional Support and Resources; and Future Directions for Legal Education. These themes encompassed a range of categories and concepts, including the importance of interdisciplinary coursework, the role of creative and reflective practices in fostering ethical reasoning, the impact of legal education on personal and professional identity, the critical role of institutional support, and recommendations for integrating technology and promoting diversity within legal education. The study highlights law students' recognition of the importance of social responsibility within their profession and the need for legal education to more effectively foster this attribute. It suggests that by incorporating interdisciplinary content, encouraging reflective practices, and enhancing institutional support, legal education can better prepare students to meet the challenges of contemporary legal practice with a strong sense of ethical and social responsibility.

The legal profession has attracted and continues to attract numerous high school and college graduates who aspire to join the profession. This is primarily due to various reasons, which, among other things, relate to the fact that it is one of the courses that offers a multitude of career options, job security, respect, and financial stability. Despite the foregoing, the profession faces myriad challenges. For instance, high standards are set to excel in the profession and/or to accredit legal education service providers. Excessive competition among law schools for the dwindling pool of qualified prospective students, combined with inadequate funding, has adverse effects on staff recruitment, research, and institutional development. It is for these reasons that this paper, employing a doctrinal research method, endeavors to analyze the history of legal education and training, as well as the regulatory framework that facilitates it in Kenya, with a specific emphasis on the Bachelor of Laws and Advocates Training Programmes. Additionally, the paper examines the role, challenges, and prospects of the Council of Legal Education and the Commission for University Education in regulating and supervising legal education in Kenya, with a particular focus on promoting quality in legal education. Finally, in order to enhance quality in legal education in Kenya, the paper proposes two main recommendations: amendment of the Kenya School of Law Act 2012 and the Legal Education Act 2012 to cure the existing superiority contest between the Acts and designing law programmes taking into account the current and future market demands.

Flint, Michigan's water crisis, the New Jersey "Bridgegate" scandal, Enron: all these incidents are examples of various forms of leadership failure. More specifically, each represents marked failures among leaders with legal training. When we look closer at one profession from which we often draw our political, business, and organizational leaders—the legal profession—we find a deep chasm between what law schools teach and what the world expects. Legal education ignores leadership, sending the next generation of legally-minded leaders into a dynamic world dangerously unprepared. Dangerous Leaders exposes the risks and results of leaving lawyers unprepared to lead. It provides law schools, law students, and the legal profession with the leadership tools and models to build a better foundation of leadership acumen. Anthony C. Thompson draws from his twenty years of experience in global executive education for Fortune 100 companies and his experience as a law professor to chart a path forward for better leadership instruction within the legal academy. Using vivid, real-life case studies, Thompson explores catastrophic political, business, and legal failures that have occurred precisely because of a lapse in leadership from those with legal training. He maintains that these practices are chronic leadership failures that could have been avoided. In examining these patterns of failures, it becomes apparent that legal education has fundamentally misread its task. Thompson proposes a fundamental rethinking of legal education, based upon intersectional leadership, to prepare lawyers to assume the types of roles that our increasingly fast-paced world requires. Intersectional leadership challenges lawyer leaders to see the world through a different lens and expects a form of inclusion and respect for other perspectives and experiences that will prove critical to maneuvering in a complex environment. Dangerous Leaders imparts invaluable tools and lessons to best equip current and future generations of legal leaders.

Top-Down and Bottom-Up Legal System as a Gödel Machine With Object-Oriented Framework

Pakistan has been undergoing considerable changes in legal education and legal practice which has resulted in a growing disjunction noticed by the legal fraternity. Graduating law students lack the skills needed to apply theory in practice and at the same time practitioners have changed the shape of how the law should be applied. The supreme court of Pakistan has acknowledged that this disjunction threatens to tear apart the relationship of legal education and legal practice. This research explored how different stakeholders are impacted by this disjunction and how the growing disjunction can be bridged. Using Pier Bourdieu's theoretical framework of social capital and cultural reproduction theory this exploratory case study sought to answer the following central research question: How can the current state of law education be improved to minimize the disjunction between the education of law and practice of law in Pakistan? Qualitative analysis of the experiences and perceptions of lawyers', law students', experiences led to the following major findings. There is an inadequacy in the legal curriculum for the support of legal practice. There are not enough practical components to train students in law practice. There is too much societal pressure to join law schools for personal protection. There is inadequate teaching staff for law. No teaching skills programs are available for law teachers. Lastly, changes to law programs are driven by political reasons. Implications for practice and areas for future research are discussed.--Author's abstract

Before we can ask whether there are too many lawyers we must answer several preliminary questions: whom do we consider lawyers, and what does and should influence their number? The term ‘lawyer’, w...

The article studies the interaction between digital transformation and the legal field, analyzing the impact of digital technologies on legislation and legal practice. After outlining the basics of digital transformation, it examines how technological evolution affects the rule of law and the legal implications of digital transformation, with a focus on data protection and privacy in the digital age. Emerging legal tools such as smart contracts and blockchain technology present challenges and opportunities. Access to justice in the digital age is analyzed, noting the influence of technology on legal processes and online dispute resolution platforms. The paper also addresses the impact of digital transformation on legal education and the ethical issues associated with the use of technology in legal practice. In conclusion, the paper emphasizes the importance of adapting the legal system and educational practices to the changes generated by the digital transformation.

The basic function of legal education is to cultivate and create talented legal professionals who will be employed, either directly or indirectly, in judicial practice sectors. Thus, there is, between the legal education system and the judicial profession, a supply-demand relationship—the basic economic principle between the relationship of market supply and demand, driving the relationship between the legal education system and qualified legal professionals. However, this supply-demand relationship in China, between the legal education system and the judicial profession is currently in disequilibrium and in contradiction itself. Therefore, it is necessary to observe and apply the principles of a supply-demand relationship to the reorganization of the legal education system in China in an attempt to find the most efficient balance between legal education and the judicial profession.