Legal education in the UK

This report was compiled in October 2001 to provide baseline data on legal education. It provides background information on the provision of legal education in the UK, details the conclusions of recent reports and surveys, identifies pockets of innovation and finally looks at the issues and challenges facing learning and teaching in legal education.

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The UKCLE mission statement is deliberately ambitious and visionary. It encapsulates a genuine commitment to the improvement of learning, teaching, assessment, staff training and student centred learning. What can be achieved depends on a variety of factors, some of which, such as policy and political interventions, are beyond our control. However, within those constraints UKCLE will attempt to address the issues that are seen to be most pertinent to the legal education community. To do this effectively there needs to be an acknowledged baseline against which activities can be measured.

This report attempts to provide a broad picture of the main issues facing learning and teaching in legal education. UKCLE will map and interpret activities against this baseline and against the general concerns in legal education. Since there is very little empirical evidence of learning and teaching practices it is difficult to provide anything more than a broad picture of the current issues. Some of the main challenges for UKCLE willl be to extend contacts and identify issues, while examining how, in the current climate, contributions can be made to the development of pedagogy, curriculum, scholarship and innovation in legal education.

Provision of legal education in the UK

Legal education can be broadly classified into two fields; academic and vocational/professional. The undergraduate law degree (LLB) stands alone as an academic qualification. In order to gain a licence to practice law students must complete a postgraduate vocational programme. This is different from countries such as the United States, where the academic qualification is intended to provide training for professional practice. The impact of this bifurcation of the academic and the vocational should not be underestimated. Neither should an appreciation of the different cultural, educational, historical and political issues that affect the way in which law is taught.

Within the British Isles and Ireland there are three separate jurisdictions subject to the legislative sovereignty of the UK Parliament; England and Wales, Scotland and Northern Ireland. All share common histories, although each has a distinct identity. In planning how to enhance learning and teaching in legal education it is important that the context, culture and idiosyncrasies of each are considered. Learning and teaching also needs to be understood vis-a-vis the plethora of institutions, universities and private colleges which are delivering academic and/or professional legal education. Looking at the matrix of institutions and the spread of courses offered it becomes apparent that special consideration needs to be given to each specific group of law teachers.

Over 150 institutions offer legal education in the UK – for details see our Directory of legal education. On average there are around 10,000 law graduates each year, and around 45% will go on to enter the legal profession. Northumbria University offers an exempting law degree (ELD), which integrates the qualifying law degree with the vocational stage for solicitors.

The Common Professional Examination (CPE), now often known as the Postgraduate Diploma in Law, is a one year conversion course for non-law graduates in England and Wales. Many law firms actively seek these students, and the proportion of non-law graduates entering the profession is continuing to grow.

Universities and institutions offering the law degree have autonomy to design their own programmes and systems of assessment within the confines of regulation provided by the professional bodies, quality assurance agencies and institutional quality assurance procedures.

Recent reports on legal education

ACLEC report

The 1996 report of the Lord Chancellor’s Advisory Committee on Legal Education Conduct (ACLEC) made a number of observations about provision and recommendations for the future of legal education in England and Wales. This included a general statement of what legal education and training should aim to achieve:

• intellectual integrity and independence of mind – including self motivation, an ability to think critically for oneself beyond conventional attitudes and understanding to undertake self directed learning; to be reflective, in the sense of being self aware and self critical; to be committed to truthfulness and open to other viewpoints; to be able to formulate and evaluate alternative possibilities; and to give comprehensive reasons for what one is doing or saying
• core knowledge – general principles, the nature and development of law and of the analytical and conceptual skills required by lawyers
• contextual knowledge – an appreciation of the laws social, economic, political, philosophical, moral and culture contexts
• legal values – a commitment to the rule of law, to justice, fairness and high ethical standards, to acquiring and improving professional skills, to representing clients without fear or favour, to promoting equality of opportunity, and to ensuring that adequate legal services are provided for those who cannot afford to pay for them
• professional skills – learning to act like a lawyer, involvings a combination of knowing how to conduct oneself in various practice settings, and also carrying out those forms of practice

The report praised undergraduate law degrees for their variety, flexibility, diversity and intellectual rigour. The four year exempting degree offered at the Northumbria University was cited as an example of good practice, and is still considered by many law teachers as an innovative way of combining the academic and vocational stages of law in one degree. The revised Legal Practice Course (LPC) and Bar Vocational Course (BVC) were depicted as progressive, embracing active methods of learning and teaching, skills training and formative assessment.

As expected, the main weaknesses identified were the artificially rigid division between the academic and professional stages of legal education and the perception by some of the academic stage as a preparation primarily for vocational training as a barrister or solicitor. With respect to the qualifying law degree and conversion courses, a recommendation was made to retain an “independent liberal education in the discipline of law, not tied to any specific vocation”. Of the vocational courses, the recommendation was made for the LPC and BVC to be taught as far as possible in parallel, “so as to allow for interchange between students for the evolution of common areas of training”.The report also addressed the need to improve access and funding by providing more transparent selection criteria. This need for accountability is echoed in the recommendations made on quality assurance and improving standards.

In summary the report recommended attention to the following issues:

• flexibility, variety and diversity
• multiple entry and exit points
• legal education as an all-round preparation for wide range of occupational destinations
• intellectual rigour
• common professional education
• partnership between universities and professional bodies

QAA subject overview report on law

The Quality Assurance Agency for Higher Education (QAA) conducted a review of the status of legal education in 69 institutions in England and Wales during the period 199394, with its subject overview report on law published in 1995. The report acknowledged the number of innovative approaches to learning and teaching in law, including learning law in context through an interdisciplinary approach, clinical and problem solving approaches, research and analytical skills and work placements with solicitors and barristers.

However, a number of recommendations for improvement were also put foward:

• lack of integrated approach to law teaching – it was felt that there was a general absence of an integrated approach within the overall course objectives and learning experience. Activities such as work placements, clinic and problem-solving and the development of research and analytical skills were endorsed and highlighted as elements that could be further integrated into general teaching.
• development of transferable skills – particular reference was made to new (post-1992) universities, which were found to be offering courses that aimed to develop transferable skills, which can be utilised in occupations and professions other than law
• the need for a variety and diversity of assessment methods – the report denigrated the exclusive use of examinations and recommended the use of course work, essays and audio-visual presentations as a means of creating a better learning environment. Again, a distinction between sectors was made, with old universities more likely to be using the traditional examination as the mode for assessment and new universities found to making more use of course work and oral presentation.
• development of critical and analytical skills – the report observed that many programmes lacked intellectual challenge and did not aim to develop critical thinking by students. This was highlighted as an area for development.
• staff training and development – recommendations were made to provide more training for both administrative and teaching staff. In relation to the latter, particular attention was made of skills teaching. Peer review was offered as an example of good practice, and it was felt that this should be encouraged amongst law schools.
• closer attention to European and international law – Erasmus programmes allow students to study part of their law degree in another European country. This was commented on favourably.
• increased use and integration of ICT – the final aspect to be strengthened was the use of informations and communications technology (ICT) to support and enhance learning. HEFCE has recommended training for using databases such as Lexis and WestLaw, but this has not been reflected in the curriculum and there is a wide disparity between the use of ICT in different law schools.

QAA subject benchmark statement for law

In 2000 the QAA published its subject benchmark for law, defining the minimum threshold standard by which students can graduate. This is defined in terms of the learning outcomes which must be satisfied by the time a degree is awarded.

The seven areas covered are:

• subject specific skills – (1) knowledge, (2) application and problem solving, (3) sources and research
• general transferable intellectual skills – (4) analysis, synthesis, critical judgement and evaluation, (5) autonomy and ability to learn
• key skills – (6) communication and literacy, (7) other key skills: numeracy, information technology and teamwork

The statement makes it clear that a student must demonstrate achievement in all seven areas, although ultimate judgements about sufficiency rest with the institution. Not all areas have to be formally assessed, and it is up to the individual institution to define what is to be acceptable as an appropriate form of evidence of achievement in an area of performance.

The implication of the statement is the need for institutions to develop rigorous and transparent monitoring and evaluation systems for student learning. Staff need to be concerned that there is an alignment between what is taught, what is assessed and the learning outcome, and to document each of these stages. The main challenges to the support of legal education is in staff development, offering opportunities for sharing and discussion, training in curriculum planning and offering examples of practice in other institutions for staff to learn from.

Association of Law Teachers’ survey of law schools

The Association of Law Teachers’ Law School Survey 1996 aimed to reveal a comprehensive picture of legal education in the UK, looking at the provision and diversity of law courses and assessment, the student body and recruitment, staffing, the provision of physical resources and the impact of modularisation and semesterisation.

The survey was sent to 86 universities and 7 other providers of vocational courses. The response rate of 88% makes the findings a valid indicator of the key issues, and despite the five year gap since the report was published many of the issues remain pertinent. The survey identified a clear tension between the teaching of academic legal content and the skills associated with the legal profession.

In the academic year 1994-5 46% of old universities and 86% of new universities had adopted modular schemes. The percentages of institutions that had adopted a semesterised scheme are similar (43% of old and 68% new). At this time 44% of law schools still taught across three terms. No accurate figures are available for recent years, but it is likely that more institutions are likely to have adopted modular semesterised schemes.

The survey team defined ‘assessment events’ as the allocation of a final percentage mark to a students overall performance in a unit or module. In doing so they were able to calculate the amount of assessments required by each institution. Numbers ranged from 9-36 assessment events in any one undergraduate law programme, averaging at 17 for old universities and 23 for new universities. Cross-referencing the data the team found that in general terms, the adoption of a semesterised academic year appeared to be associated with an increase in the number of assessment events to student performance over the period of the degree. Clearly there is a potential for over-assessing, which needs to be addressed.

Scottish teaching, learning and assessment survey

Bringing us more up to date and looking exclusively at legal education in Scotland is the Scottish teaching, learning and assessment survey, undertaken by UKCLE in 2001. The survey was sent to teaching and support staff in 11 Scottish universities, and with a 43% response rate gives a fair indication of the current areas of concern for law teachers. Asked which types of teaching and learning methods were used, lectures and seminars featured most highly. Questions about assessment revealed a reliance on written forms of assessment, with 96% favouring the essay, 94% examinations and 75% dissertations. However, oral presentations were used by 55%, skills activities by 33% and group work by 29%. There is an indication that staff wish to develop more innovative assessments, with 29% displaying an interest in report writing and 21% in portfolio assessment. Group work was also mentioned.

In trying to establish how UKCLE could support law staff develop learning and teaching the survey asked staff to rate the usefulness of a set of predefined activities. By far the most popular were roadshows held in the staffs own department, followed by case studies and briefing papers. Topics to be addressed included encouraging active learning (72%), developing study skills (69%), using computers in teaching (56%) and improving feedback to students (55%). The survey concludes by suggesting that although there is a variety of legal educational practice within the curriculum, systems are still built around the backbone of a number of traditional teaching and assessment regimes.

All the surveys indicate that there is a correlation between the approaches to learning, teaching and assessment and the status of the institution as a new or old university. ‘New’ universities are much more likely to integrate skills training into courses and to offer a diversity of assessment techniques, including group work and oral presentations. By contrast the traditional universities are more likely to rely on written assessments. In terms of staff development, more training is needed in areas of supporting student learning, developing study skills and using ICT to support learning.

Pockets of innovation

An identified task for UKCLE is to gather more examples of learning and teaching practice. It is hoped that as the profile of the Centre becomes established we can encourage law teachers to share ideas and work in progress, such that a much richer set of resources is available to the community. The topics that follow have been identified through primary sources such as the surveys described above, feedback on evaluation forms and work commissioned by UKCLE. Secondary sources including the literature and research on legal education have also been used.

There is evidence of increased use of ICT in legal education, including using ICT to support teaching and as a medium for running distance and online programmes.

There have been significant advances in the use and application of clinic as a method of teaching in law. Both as a learning experience and a mode of assessment clinic offers students an opportunity to engage in real cases with real clients and to address the problems they face. A survey of institutions using clinic found that most new universities using the method had incorporated it directly into modules and units. At the old universities clinic played only one aspect of a more traditionally taught programme. It has been suggested that in order to integrate clinical education successfully a fundamental overhaul of assessment methods is required.

Reports and surveys indicate that the use of group work and collaborative learning is increasing. This may be due to expediency and the need to facilitate learning to larger student groups, but whatever the reason the opportunity for students to engage in group learning projects is to be encouraged. Additional surveys and monitoring needs to be undertaken to investigate the extent of such activities.

Much innovative work is taking place in research into legal education. Conferences held by the main subject associations continue to be well supported and journals such as the Law Teacher continue to promote pedagogic developments. Generally speaking, the legal education community is supportive of new initiatives and UKCLE is grateful to receive continued support from the many academic and professional organisations.

Challenges for legal education

In summary the main challenges for legal education are:

• making possible an integrated approach to legal education – encouraging law teachers to develop and diversify their learning and teaching methods to include problem-based learning, group work, clinic and virtual learning environments (VLEs)
• use of information and communications technology – encouraging and supporting the integration of ICT to support learning, teaching and assessment
• diversification of assessment – aiding an appreciation of the diversity of assessment available, including portfolios, personal development planning, self and peer assessment, group work, oral presentations, performance-based assessment and clinical legal education. Also supporting structures to ensure appropriate and relevant assessment and issues of over-assessment.
• staff training and development – providing resources and support for staff to address the following issues: benchmark statements, quality assurance mechanisms, assessment and plagiarism, curriculum design and new legal areas such as teaching human rights and ethics
• encouraging a student-centred approach – sharing learning and teaching methods to aid diversity. Specific target areas might include problem-based learning, clinic and virtual learning environments (VLEs)
• European and international dimension – drawing on expertise and developments in the wider domain and investigating to what extent these are transferable and appropriate to UK legal education
• policy and practice – responding to the initiatives and demands made of legal education

Fundamental changes in legal education are taking place. Fuelled partly by the reports and recommendations made by external bodies, there is a genuine commitment to the enhancement and development of pedagogy and legal scholarship.

UKCLE will consider in what ways it can usefully and appropriately respond to the challenges documented in this report. Demonstrating evidence of real change to teaching practices and student learning is a difficult task, reliant as it is on so many institutional, cultural and resources factors. The pragmatic approach of the Centre is to set realistic goals and to endeavour to inculcate a climate for debate, where law teachers feel supported to share ideas and resources.

UKCLE hopes to engender a climate of creativity, dynamism and willingness to take on new ideas in learning and teaching. To offset this pull on resources the Centre will adopt a distributed approach and seek to effect change in small areas, employing champions to carry forward ideas and encouraging small projects and regional sub-groups. A professional approach underpins the activities of the Centre, and in responding to the demands of external stakeholders there will be no compromise on quality. Success will be determined in part by the realism of our aims, by the support and rigour of our monitoring and evaluation procedures but most importantly by listening to the needs of the legal community whom the Centre is contracted to serve.

Last Modified: 4 June 2010