Interdisciplinary training

In her paper Aine Maxwell (Institute of Professional Legal Studies, Queen’s University Belfast) presented the findings of a shared learning experience in the courtroom between trainee social workers, GPs and barristers. Aine’s slides are embedded below.

During 2007-08 the Institute of Professional Legal Studies organised joint training with the Schools of Sociology, Social Policy and Social Work and Medicine at Queen’s. In 2008-09 there was a further scheme of joint training with the School of Sociology, Social Policy and Social Work. Social workers, doctors and lawyers meet on a daily basis in the courtroom and other legal forums, and hence this opportunity for a shared learning experience was greatly welcomed.

The Institute undertakes vocational legal training for both solicitors and barristers in Northern Ireland. The Bar trainees commence their course in September and complete an academic year at the Institute before commencing pupillage, with training in practice and procedure in a wide range of subjects and extensive skills training, including advocacy and case analysis. There are mock trials within most of the subject areas. Most of the time the witnesses are fellow students.

An interdisciplinary approach to education is reflective of many areas of legal practice. In its fifth annual report, the Children Order Advisory Committee (2005:38) highlighted the importance of interdisciplinary education in underpinning the successful operation of a family justice system in Northern Ireland:

It is only by an exchange of views, a sharing of mutual experiences and a realisation of the problems facing the disparate branches of the family justice system that we can all benefit from our shared experience.

In England and Wales the Family Justice Council promotes a multi disciplinary approach to family law. Lord Justice Thorpe:

The creation of an interdisciplinary structure for the family justice system has been high on my wish list for several years. The delivery of a high quality service to all those who enter the family justice system, whether as applicants or as respondents, must depend on informed collaboration.

Joint training: Bar and social work trainees

With the introduction of a new degree in social work in 2004 the opportunity arose to provide student social workers with an introduction to the knowledge and skills required to work in the court system in Northern Ireland. At Queen’s this module is designed to develop students’:

• understanding of the social work role in legal proceedings
• knowledge of the structure and operation of the court system in Northern Ireland
• knowledge of the roles of different professionals involved in legal proceedings
• skills in presenting written evidence in the form of a report
• skills in presenting oral evidence and dealing with cross examination in court

During the module students also have the opportunity to visit Laganside Courts to receive a half day introduction to the structure and operation of courts in Northern Ireland, delivered by Court Services NI in conjunction with one of the resident magistrates, and another half day observing the operation of a family court and a criminal court. Some of the teaching is delivered by professionals currently practising in the family courts, including a lay magistrate, a guardian ad litem and a barrister.

Issues to address in the development of joint training included the need to find areas of common interest and opportunities for skills training, as well as timetabling issues and resource implications. Family law and criminal law are taught within the Social Work Court Skills module. By looking at legal situations where both professions were likely to meet in practice we could see potential areas for common training. Specifically in relation to the role of the expert witness, we could see possibilities for accommodating the learning outcomes both for the social work module and for the trainee barristers’ advocacy training, including more realistic role play, more realistic case analysis and a greater appreciation of the role of the expert witness.

Timetabling was difficult, as the social work module leads into a placement. Training at the Institute involves joint training of barristers and solicitors, and this scheme was initially open to barristers only. In the case of resources, social work staff who had previously run the assessment process for the module were available for the joint training process, however the scheme required extra resources from the Institute in relation to preparation and monitoring.

A template for a shared learning experience was drafted involving:

1. Preparation of professional reports by student social workers/GPs based on an analysis of a real life case study
2. Analysis of these reports, eliciting relevant information and construction of examination in chief and cross examination by trainee barristers
3. Briefing sessions for all trainees
4. Training sessions for all trainees
5. Preparation for court appearance by all
6. Court appearance by all

The shared learning experience involved:

1. 118 social workers preparing professional reports based on the analysis of a case study. The trainees undertook this at the beginning of December and completed it by the middle of the month.
2. The social work reports were then delivered to the Institute and sent to the 24 Bar trainees, who prepared questions for examination in chief and cross examination. The author and a staff member from the School Of Social Work were available by e mail if the trainees had any difficulties.
3. The completed questions were sent by email to the School of Social Work at the beginning of January, where staff quality checked the questions.
4. A preparatory session was timetabled for the Bar trainees at the beginning of January to deal with any last minute queries. The next day they were required to undertake examination in chief and cross examination of the social work students under supervision, with the added responsibility that this session formed part of the assessment process for the social work students.

Benefits for Bar trainees

Questionnaires were distributed to the Bar trainees in 2008-09 (30 distributed and 24 returned):

• all stated that they agreed with the concept of interdisciplinary training, with comments including: ery useful to practise advocacy with non institute students…would like the opportunity to do this again…getting an opportunity to see what the work of a social worker in a court setting involves was very useful
• all stated that they found the scheme useful
• all found the analysis of the social work reports beneficial, with comments including: there was a lot of information to digest and scope for cross examination…excellent practice; some trainees said they felt they knew more about the role of the social worker in court and the significance of the report
• all found drafting examination in chief and cross examination questions in this context very beneficial
• all found the advocacy sessions with other professionals beneficial and more realistic than mock trials – the social work trainees were more realistic witnesses and did not give assistance in the same way fellow Bar trainees might if acting as witnesses. Comments included: advocacy exercise beneficial because we got to experience how strong a professional witness can be…more like a real cross examination – beneficial as witnesses are strangers
• 18 trainees found networking with fellow professionals beneficial, and some said they found it useful to meet not only the trainees but also the staff. Comments included: extremely useful and informative to work with people from other professions

Joint training offered the Bar trainees the opportunity to:

• have a better understanding of the role of the expert witness
• analyse the significance and effect of an expert’s report
• elicit favourable evidence and advance own case, and also construct examination undermining opponent’s case
• undertake clear and coherent examination in chief and cross examination

Benefits for social work trainees

From the perspective of the student social workers the shared learning experience provided the opportunity to:

• better understand the importance of producing a high quality report for court
• practise skills in giving oral evidence in chief and dealing with cross examination in a legal context
• develop confidence in working with legal professionals
• be assessed under more realistic conditions

The trainees stated that:

• the involvement of the Bar trainees made the process more realistic
• they were more interested in learning about the role of barristers
• the Bar trainees involvement encouraged them to prepare in a different way, as they tried to consider how a barrister would react to the report rather than a member of staff; they felt this meant they prepared the reports to a higher standard and were better prepared for the actual mock court hearing
• they considered and accepted that there would be different styles of advocacy resulting in different experiences in the oral examination
• networking reduced perceptions that cross examination was a personal attack – it is in fact individuals conducting their proper role and function

Joint training: Bar trainees and GPs

The GPs were particularly interested in family law and in particular child protection issues. It was intended that the barristers’ skills training would include advocacy, drafting, case analysis and appreciation of the role of the expert witness. For the GPs skills training would include drafting reports, court presentational skills and appreciation of the court system.

At the outset the issues were similar to those in the scheme with the School of Social Work. Timetabling was difficult for the GPs, as they were on placement in surgeries and dependant on being released for training. Additional resources included experienced counsel for assessment of the court presentational skills.

Originally it was hoped that 25 GPs would be permitted study time to participate in the scheme, however in the event due to the demands of individual surgeries only ten GPs took part, with 20 Bar trainees. Two barristers were assigned to each GP – one responsible for examination in chief and the other for cross examination.

The shared learning experience involved:

1. The Institute provided the GPs with a case study focusing on child protection issues in the middle of May and the GPs were asked to prepare a professional report.
2. The GP reports were received by the Bar trainees at the end of the month. They analysed the reports and prepared questions for examination in chief and cross examination.
3. A preparatory session was timetabled for the Bar trainees focusing on advocacy skills at the beginning of the month, with the GPs undertaking a training session in the Royal Courts of Justice, Belfast, including introduction to the court process, reporting to the court and appearing as a witness.
4. On the next day the Bar trainees were required to undertake examination in chief and cross examination of the trainee GPs at the Royal Courts of Justice. Experienced barristers in each room gave immediate feedback, both written and oral.

The scheme did not form part of an assessment process, and the Bar trainees welcomed the freedom to explore issues widely in examination in chief and cross examination.

Benefits for Bar trainees

• analysis of reports, promoting a greater understanding of the issues involved in child protection and the role of the GP in this context
• drafting questions for examination in chief and cross examination in a legal context, which can be problematic
• advocacy – the training was not linked to formal assessment and the Bar trainees had greater freedom in formulation of examination in chief and cross examination
• networking – the opportunity to work with fellow professionals

Benefits for GPs

• better understanding of the court system
• drafting experience and understanding the importance of the report prepared for court
• practise skills in giving oral evidence in chief and dealing with cross examination
• develop skills in working with legal professionals
• more realistic oral examination

Issues moving forward

The questionnaires raised issues for future schemes of joint training. Specifically in relation to the joint training with the School of Social Work, a number of trainees from both disciplines asked for assessment of the Bar trainees. They also requested further training on case analysis and report analysis prior to the commencement of the scheme. The criminal component of the joint training session with the School of Social Work could also be further developed.

Finally, the trainees indicated that they wanted more! They suggested other professional disciplines and the expansion of current schemes.

Within higher education there is a need to ensure that interdisciplinary education for students amounts to more than just sitting in the same room whilst being taught about an area of mutual interest. For professionals who will meet regularly in practice interdisciplinary education is a potent learning mechanism and is of particular relevance and importance. The feedback from these schemes suggests that the trainees find this a potent way to learn.

About Aine

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Aine is a solicitor and senior teaching fellow at the Institute of Professional Legal Studies, Queen’s University Belfast. She teaches company law, wills, legal research and practice management, and is responsible for interdisciplinary teaching at the Institute.

Last Modified: 9 July 2010