Barker, D --- "From the Editor" [2008] LegEdDig 1; (2008) 16(1) Legal Education Digest 3

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FROM THE EDITOR

There is a greater relevance with regard to the articles published in this edition of the Digest in view of the fact that the recent publication of the Carnegie Report in the USA has focused the legal education debate in North America on the cultivation of professional qualities in an educational setting.

At the same time the Council of Australian Law Deans is currently debating a recommended set of standards to operate in all Australian Law Schools.

In this respect the Editorial Staff of the Digest has selected those articles which in their view reflect the ongoing debate with regard to the teaching of law in the relevant social context with which law students will be faced when they commence their professional career.

It is apposite therefore that the book selected for review in this edition is Professional Responsibility and Regulation by Deborah L. Rhode and Geoffrey C. Hazard, JR which examines all aspects of professional responsibility whilst focusing on the regulatory issues which arise in legal practice.

The complexities of achieving a balance between the priorities of practical legal training for law students and the rights of clients seeking assistance at law clinics characterises the article by Ashar digested under Clinical Legal Education. Ashar expresses the view that the interests of persons of low socio-economic status who attend law clinics are alienated by their case-centred approach and skills-centred variation which overshadows what should be the priority of the ‘relationship between the legal action and the pre-existing political engagements of both lawyer and client.’ This is of course a highly controversial view as to what the real purpose of law clinics and their relationship in the training of potential lawyers should be. However there is no doubt that the alternative model of clinical legal education as proposed by Ashar will give rise to a great deal of debate in the future.

Another article critical of the approach of law schools regarding an aspect of their teaching is that of Gleason under the heading of Distance Education. Gleason argues that due to various reasons such as no shortage of applicants for law courses, the reluctance of law schools to invest in the extra time and work required to initiate on-line teaching and also the difficulties inherent in accrediting new law programs has meant that the willingness of law schools to promote new forms of teaching such as on-line teaching has been stifled. However he recognises that there is student demand for distance learning part of which is driven by cost, the need for active learning and prompt feedback. He illustrates the work of Concord Law School, which is the first law school to offer a J.D. through internet technology. Whilst the Law School is not currently accredited by the American Bar Association, their Dean Currier is of the belief that ‘accreditation for on-line law schools eventually will happen.’

Reform of law schools is also the main topic of an article in Individual Subjects/Areas of Law. Interestingly Nottage takes an opposing view to that of Ashar arguing that change in legal education is due to a ‘shift away from strong forms of welfare statism’ encouraged by global economic liberalisation. As a consequence there is a growing development for arbitration law to be used to ‘teach students how to use the law.’

The heading of Legal Ethics embraces two articles in this current edition of the Digest. The first is an introduction of ‘The pitfalls approach’ to the teaching of professional responsibility, a required topic under the American Bar Association rules. Bernstein is of the belief that ‘knowing about pitfalls ahead of them makes new lawyers more, not less, fulfilled and secure when they begin their work.’ In contrast Terry argues that globalisation is now an essential topic in any professional responsibility course. Not only is it a phenomenon that affects clients, has an increasing relevance to a large number of U.S. law firms operating outside of the U.S., but also globalisation affects the manner in which legal services are regulated

In a wide-ranging article under the heading of Legal Profession Granfield examines the modern development of pro bono as it affects both law firms and law schools. He illustrates the changes which have taken place with a description of the development of a far-reaching pro bono project, ‘The Law Firm Pro Bono Challenge’ originally launched by the American Bar Association in 1993 and now operating under the aegis of the Pro Bono Institute located at the Georgetown University Law Center. In addition he describes some of the differing views which have surfaced within the New York State Bar Association with respect to the revision of its pro bono policy whereby it has been expanded into legal services whereby some legal services would be regarded as pro bono where there they had been provided ‘at no fee or substantially reduced fees’ in respect of an expanded area of legal actions such as civil liberties, public rights or not-for-profit organisations. He acknowledges the concerns which some smaller firms have as an outcome of this policy that pro bono might become a mandatory obligation for all law firms. The article also considers the institutionalisation by law schools of pro bono and whether this has had a subsequent effect on law graduates in their subsequent professional career.

Under Libraries & Information Anzalone explains the changing ethos with regard to a new model for law library leaders which pays tribute to the work of Robert Greenleaf and Larry Spears.

Skills contains an examination by DeSanctis and Murray of the art of writing conference and how this format can be used by teachers to better understand their students and tailor the requirements of individual students.

Goddard tells under Students how she decided to become a part-time law student and of her experience of studying within the four-year part-time evening program at the Barry University School of Law in Orlando, Florida.

In a highly original approach, Blissenden’s article, categorised under Teaching Methods & Media, examines an alternative model to the normal methods of teaching law, that of the use of storytelling. Blissenden adapted the storytelling concept originated by Caron in the Taxation Law arena. The author described how a number of landmark High Court decisions relating to Income and General Deductions cases were designated to assigned students to lead the discussion for the rest of the class. The article deals with the ensuing outcome from this highly novel form of engaging the interest of tax law students.

Another original approach is that adopted by McNamara and Field who in an empirical study involving five tutorial groups totaling 160 students considered ‘the potential for achieving effective learning design in the discipline of law through the use of reflection and reflective activity.’

A third article within this category is Mootz III’s account of the movement by those law teachers who have opposed the Landellian model of case-law teaching, particularly Vico, Llewellyn and half a century later, Kronman. Again the Carnegie Report is invoked to argue for less emphasis on the case method form of instruction and a greater emphasis on clinical and simulation training.

Professor David Barker AM

Editor