Interaction and reflection: a new approach to skills and accounts teaching on the LPC

In their paper at the Learning in Law Annual Conference 2009, Liz Polding, Jill Cripps (both Oxford Institute of Legal Practice) and James Catchpole (College of Law) considered the use of interactive online resources in the development of learner centred legal education, focusing on the development of two new resources published by Oxford University Press – LPC Skills Online and LPC Accounts Online.

In ‘Learners still learn from experience when online’ (in Teaching and learning online: new pedagogies for new technologies, edited by John Stephenson, 2001), Shirley Alexander and David Boud assert that “acceptance of the online environment as just another space for learning does not deny its potential to reconceptualize what is possible in teaching and learning”. They argue that online learning often fails to engage because it is simply a transfer of a pre-existing module to the computer, without reflection on how the pedagogy of online learning is different from more traditional methods.

The use of online and other computer-based methods of teaching has increased considerably since the paper was written, and many texts now include access to an online resource which supports the hard copy book. LPC Skills Online and LPC Accounts Online, published by Oxford Interact, are intended to take the further step of reversing this model of ‘website supports book’, shifting the focus firmly onto the interactive resource as the primary product. This also allows the learner to take more control over what they do with the resource, while facilitating reflection and supporting the learner in completing the learning cycle. The design of the resource fully accepts the premise that online learning is not pedagogically the same as classroom-based teaching, but requires a different approach to engage the learner and provide them with effective learning experiences.

See the presenters’ slides (embedded below) for some screenshots from the two resources. The team also presented this paper at the 2009 BILETA conference.

Glenn Robinson (BPP) reports:

This session demonstrated creatively the opportunities for innovation and the use of e-learning technology on courses where previously there may have been doubt as to how teaching could be enhanced or even replaced by an e-learning approach.

The presenters demonstrated a wide range of resources, including the use of talking heads and simulated courtroom models, which students are asked to consider and assess. It was especially interesting to consider how a subject such as accounts, traditionally perceived as ‘dry’, could be made more accessible to students through contextualisation and the use of innovative resources.

Skills and the Legal Practice Course

The Solicitors Regulation Authority’s Information for providers of Legal Practice Courses states that “the description and outcomes for the course skills areas are more detailed in order to take account of concern to ensure that students are properly equipped particularly in relation to legal research, writing and drafting. Also, from the student’s point of view, the compulsory course may be the first formal training in skills and a first exposure to vocational training. For these reasons, it is important that the LPC outcomes identify the key attributes of each of the course skills”.

The new LPC3 indicates a strong emphasis on skills, reflecting the findings of the 2004 UKCLE research report Hitting the ground running, which made it apparent that the profession’s view was that skills were important and that trainees should be equipped to practise them as part of what are now known as their ‘day one outcomes’.

Skills are often under-rated by trainees, as they assume that, with the possible exception of oral skills such as advocacy, they will simply assimilate them, and that their academic careers to date will equip them to do this. The SRA’s comments indicate that this is not necessarily the case, and that trainees do need to be prepared in order to be able to use these skills in practice – they cannot simply pick them up during their traineeship.

Students are required to be taught and assessed in the following:

• advocacy
• drafting
• interviewing
• practical legal research
• writing

In a practice environment trainees could expect to use the majority of these skills on a daily basis and in conjunction with each other, rather than in isolation. During the Legal Practice Course trainees can expect to find skills elements in a variety of contexts in order to provide a deeper understanding of how to apply their new competencies and deepen them without associating them only with one area of the course, or of practice. For example, advocacy skills would be used in giving a presentation in business law and practice. Trainees need to understand that the lessons they learn about structuring what they are saying, ensuring that they speak clearly, and so on, are transferable.

Accounts and the Legal Practice Course

Gaining a basic working knowledge of solicitors’ accounting practice and financial statements is an essential requirement of legal training. Accounts, of all of the core LPC topics, is most effectively learned through continued practice, and therefore a key factor of any accounts course is the active completion of accounting documents based on fictional scenarios. However, as the requirements for the LPC change, with business accounts being incorporated into the business law and practice compulsory module, many providers are reconsidering the delivery of the LPC and acknowledging a need to refocus aspects of its content. As a consequence, the ability to deliver some subjects effectively, including accounts, is being reappraised, as providers ensure that student contact hours are focused on the substantive topics.

The teaching of accounts lends itself to innovative means of delivery which can help to tackle its unpopular image with students, who are often put off by its numerical content. As both lecturers and students become ever more technologically competent, and acceptance and demand for the use of online teaching resources becomes more widespread, it was only a natural progression to adapt these technologies to create a new way of teaching accounts. Although textbooks are undoubtedly invaluable learning tools in many subjects, the practical, exercise driven nature of accounts makes it an ideal subject in which to achieve this appreciation of how both solicitors’ accounts and their understanding of business financial statements enhance their service to clients.

The resources in context

Both resources are intended to be sufficiently robust to stand alone, but to be adaptable enough to fit in with providers’ courses. Providers teach different skills in different contexts, and the resource is structured so that each skill has exercises in the context of all the compulsory or ‘stage one’ subjects. This allows the skills to be experienced in different contexts, many of which will be aligned with the provider’s course. Whilst the teaching of solicitors and business accounts normally follows a more traditional approach, the accounts resource is also flexible enough to be used in existing courses without the need to adapt them unless the provider wishes to do so.

Both resources also include easily accessible reflective diaries, which the learner will be prompted to use after each exercise to ensure completion of the learning cycle. The reflective diary provides various questions to prompt the learner to consider the different aspects of the exercise and what they have learnt from that exercise. The learner is also provided with a log of their grades so that they can see their progress. Both resources provide the learner with additional support and opportunities to practise, whatever the structure of their provider’s course.

Empowering the learner

In their book Integrating technology in learning and teaching: a practical guide for educators (2000) Pat Maier and Adam Warren assert that “independent learning…is not about leaving students to get on with it by themselves, but it is about developing a climate where students are given the space, support and encouragement to become reflective, confident learners”. They then list various factors important in achieving this climate, including feedback and the promotion of critical reflection.

The aim of both resources is to empower the learner and to develop just such a climate, allowing learners to proceed at their own pace, but in a way which promotes learning. Each skill and aspect of accounts has an introductory chapter, which includes a map of the exercises. As the exercises are designed to become more challenging as the learner progresses through them, the pathway through the exercises is preset, but the learner can decide whether to carry out additional exercises at various points to reinforce what they have learnt or to attempt a similar exercise in the event that their score in the initial exercise in that area was less than 50%. The resource will prompt the learner to attempt an additional exercise before going back to the main pathway, but learners may also attempt these exercises themselves if they wish to do so. This additional option was in response to student feedback during the period of testing.

At each stage, feedback is provided so the learner can see their progress and pick up additional points in context. Because the resources are online, they are accessible at a time convenient to the learner, who can proceed at their own pace – none of the exercises are timed. The resources also prompt the learner to talk to their tutor in the event that they have found an exercise difficult or have scored less than 50% on an additional exercise. The skills resource also provides diagnostic exercises on areas in which learners sometimes experience difficulty, such as grammar and spelling. This is intended to provide the learner with an indication that they may need to seek additional support, as problems in this area can seriously undermine how their firm perceives them and how they fare in their assessments.

The philosophy behind both resources is that the online exercises should provide feedback and prompt the learner to reflect in order to provide them with the tools they need to advance their learning. Because the feedback and prompts to reflect are continual, the learner is also provided with a means of looking back and seeing how far they have come. Reflection and reviewing progress are intended to motivate the learner and to help them to value the advancement of their learning, as well as providing contexts in which they can see how the development of the skill and understanding of accounts will benefit them in practice and in their assessments. For this reason, most of the exercises are set in the context of a mini case-study or story, rather than focusing on theory.

Feedback and reflection

Feedback is an indispensable part of the learning cycle, ensuring that the necessary reflection takes place and leads to further learning. “Action without feedback is completely unproductive for the learner” (Laurillard in Rethinking university teaching: a framework for the effective use of educational technology, 1993). Feedback is usually provided in relation to what is incorrect. This is valuable, as it helps the learner to benefit from their mistakes and determine how and why they occurred. However, the resources also ensure that feedback is provided at every point, even when the learner has provided a valid response (because in many of the exercises, there will be more than one ‘correct’ or ‘partially correct’ response). This allows the learner to determine whether their response is valid for the reasons that they thought, or whether there are other possibilities.

This approach also allows for the introduction of additional teaching points. For example, in drafting there may be more than one response which would be acceptable for different reasons. When the feedback comments on this point, it is also possible to remind the learner about the importance of internal consistency, such as using a defined term in the same way throughout the document or ensuring that similar terms are not confused. For accounts, not only is the learner’s understanding continually reinforced by reference to relevant primary sources and accounting principles, but the learner is encouraged to question the consequences of their results in a wider business context.

The learner is encouraged to complete the resource’s reflective diary after each exercise, whatever the mark they have received. This provides them with further data to demonstrate their progress and a method of reviewing their work, comparing it with the suggested answer and making a judgment about points of similarity and divergence.

The skills resource includes exercises where the learner is asked to write or draft something within a template and then compare their answer with the suggested answer. For example, where the learner is asked to take an attendance note from an audio or video recording and evaluate their work they are asked to consider whether the points of divergence are fundamental or simply issues of style, and whether they have made any errors of fact. The accounts resource encourages the learner not to learn and do by rote but to consider the results in a wider commercial context and the consequences for their provision of advice to clients. The feedback and reflection prompts ask them to consider a variety of points when making this judgment to guide them in evaluating their points of variation.

E-portfolios

The expansion of interest in e-portfolios and the lead authors’ experience in this area (see Using e-portfolios in legal education) informed the decision to include prompts to add material to an e-portfolio or paper portfolio, but as there is a range of different types of e-portfolio software, it was concluded that the facility should not be inbuilt into the resource to preserve flexibility.

Notwithstanding this decision, the reflective diaries, together with the facility to save and print off completed exercises, make it much easier to use these resources with an e-portfolio, or a paper portfolio if required.

Variety and supporting different learning styles

A variety of different types of exercise was considered important for a number of reasons. Levels of engagement are unlikely to be high if the exercises lack variety – the experience would quickly become monotonous. In addition, the application of the skills and accounts that the learners are practising in a number of different contexts and formats is valuable for ensuring deep, rather than superficial learning. The use of different kinds of exercises is also helpful in terms of providing material that appeals to different learning styles. The resources include audio and video based exercises as well as those involving more straightforward, multiple choice exercises.

How the exercises work

The majority of the exercises are marked by the system and provide detailed feedback on any choices that the learner makes during the exercise. There are a number of different types of exercise, including:

• multiple choice (both traditional and variable exercises, where there may be more than one correct answer, or partially correct options)
• video-based exercises where the learner selects what should happen next
• animated demonstrations of accounting principles and techniques
• missing words
• taking notes in a template
• audio- and video-based exercises
• accounts building
• matching and true or false
• building a document or letter from possible draft paragraphs
• selecting the most appropriate words or phrases from a list
• keywords – to determine relevant information and areas of law
• completing a diagram – for example on the stages of an interview, the use of different components of Halsbury’s Laws or the structure of various business accounts

The exercises are designed to be more challenging as the learner progresses and to take them through different aspects of the skill. For example, in the interviewing module within the skills resource the learner is asked to consider not only the conduct of the interview itself, but also preparation for and follow up of an interview. These are also key to ensuring that the interview is fully effective.

The missing word exercises can be useful for building confidence, as they give the learner a structure and accustom them to working with documents and letters. These exercises give a context for a missing word or phrase and give the learner a choice of possible options. They are used in diagnostic exercises such as those for grammar and spelling, as well as in, for example, drafting. When used in writing and drafting, the exercises give an opportunity to address important issues such as internal consistency, for example in the definition of a term.

Multiple choice exercises are used in a variety of ways. For example, they are used to guide the learner through the construction of various financial statements and their subsequent ratio analysis of different businesses to determine the relative investment potential of each. Within the context of skills, they are used in the research exercise to verify the possible pathways taken by the learner and to comment on their choices. This would include guidance on the use of primary rather than secondary sources and search methods. In many multiple choice exercises there will be more than one correct answer, and often there will be options which are partially correct, giving an opportunity for useful feedback and guidance.

Taking notes in a template requires the learner to prepare a written document, such as an attendance note from their own notes of an audio or video recording of a meeting. Learners are provided with a template and can access a suggested answer once they have completed the template. They are also provided with guidance as to how to compare the two, plus reassurance that they are unlikely to be identical! These exercises are positioned so that the learner has already undertaken some exercises, and are intended to build confidence and help the learner get used to exercising their judgment.

Account building is used within the context of solicitors accounts. As the learner is introduced to double entry book keeping and the dual ledgers used by solicitors, they are first given the option of drop down boxes in which they can select from a number of possible entries. Then, as they progress through the course and the resource to free text ledgers they are presented with ever more complex and detailed series of accounting entries. The learner is actively encouraged to consider carefully each entry they make and to apply the Solicitors Accounts Rules as they do so, rather than simply learning by rote.

Video selection exercises are designed to allow learners to choose what should happen next in the video they are studying. Once they have selected an option, they then see the consequences of their choice. For example, in an advocacy situation the learner might be asked to choose whether they should ask an open or a closed question. Once they have chosen, they will either move on to the next part of the scene (if they have selected the most appropriate option) or see a short clip showing the result of their choice before receiving feedback and moving on to the next part of the scene.

Animated demonstrations within the accounts resources guide the learner through the step by step process of making ledger entries in solicitors accounts and the structure and content of different business financial statements following adjustments made to information drawn from trial balances and ledgers.

The majority of the exercises are marked by the software and give a grading plus feedback on both specific and general points arising from the exercises. Exercises such as taking notes in a template rely on the learner to self or peer assess, which can be very valuable in building confidence and encouraging the learner to exercise their judgment.

The role of practitioners

For most LPC students the course is a means to an end – securing employment so they can qualify as a solicitor. It is therefore important to engage learners by demonstrating that practitioners value the skills and the application of their accounts they are learning. In order to make this message very clear, the resources include a short introductory video from practitioners who explain the importance of the skill and accounts from the standpoint of practice. This is critical to ensuring that learners are motivated to ensure that they master the skill in question.

Encouraging a practical approach and making the resources adaptable

The resources ensure that this practical message continues, promoting a practical viewpoint and encouraging learners to move away from an academic approach. For example, preparation and follow up are important as well as the performance of a skill itself. If a trainee solicitor failed to ensure that a meeting room was available and a parking space reserved, the quality of legal knowledge may well be overshadowed and undervalued. This has clear implications for the relationship with the client and the business of the firm.

In terms of ensuring that the resource is adaptable, the exercises are evenly spread across compulsory or ‘stage one’ subjects, as providers of the course will naturally teach and assess skills in different contexts. For example, drafting includes litigation, business and property elements. This is also the most effective way for learners to acquire a breadth of experience and build confidence, so they can apply their skills to different seats in practice.

Completing the learning cycle every time

The resources emphasise reflection and completion of the learning cycle. Because each section’s exercises begin with a message from a practitioner, this should give the learner the necessary motivation to learn and a realisation that there is a need to do so. Many learners consider that previous academic study alone will equip them for practice and assessment, and it is intended that the message from practitioners should make the point that this is not necessarily the case.

Each exercise introduces a new element, so that the learner can see their progress. At each stage of the exercise there is feedback, often including additional teaching points such as extra points of law or practice or tips to help the learner build on what they know already. At the end of the exercise there is overall feedback, giving a score and pulling together the threads of the exercise. There will always be a reminder to use the reflective diary, which can be readily accessed on screen, plus other appropriate messages such as a prompt to seek guidance on a point from a tutor or to complete an additional exercise if one is available. There will often be a pointer to another exercise. In this way the completion of the learning cycle, with feedback and reflection motivating further learning, should become the path of least resistance, making it easier for the learner to complete the cycle and see the benefits of doing so.

Role playing and storytelling

There is an emphasis in the LPC on mirroring practice as much as possible using case studies so that skills and knowledge are applied. Effectively, what is happening is that the application takes place in the telling of a story or role play. This is important, both for engagement and, it is hoped, enjoyment. The exercises, with the exception of the diagnostic exercises, all tell a story, however brief. Some of the characters will be slightly larger than life in order to emphasise certain behaviours and their effects. For example, in an early exercise in the skills resource the importance of courtesy and sensitivity in an interview are highlighted, but in the main this is a collection of small case studies such as tutors might use in a focus group or for individual work in a small group session or workshop.

An extended case study takes this a little further, using a longer story to pull all the skills together, but the emphasis is on application of the skills in context. This enables the learner to engage better with the material and the skill itself.

The full case study

The case study is set in the context of an age discrimination scenario. Because employment law is not a compulsory subject, the research element of the case study focuses on analysis of the relevant provisions, which is of course a key part of legal research.

The case study begins with the initial interview, followed by the research exercise focusing on interpreting a provision, and moves to writing a letter of advice, based on the two previous exercises. After each exercise is completed the learner is provided with a suggested answer, which can be used to complete the elements which follow. The learner is also be asked to draft a document prior to a tribunal hearing, and finally they complete a video selection exercise taken from the tribunal itself.

The case study should be completed after the other exercises to allow the learner to fit everything together in a single case as they would do in practice. This should enable the learner to gain an overview of their progress and how they might use their skills in practice.

What did they think of it?

The publishers sent draft chapters and exercises out to providers for their review and tested the early prototype exercises on student volunteers. The feedback was generally very positive – the students in particular felt that both represented an exciting development and were resources that they would like to use.

Development and support

The resources are not intended to remain static. Areas such as legal research will be constantly reviewed, with exercises added and removed as the law changes and new issues arise. This should keep the resources fresh and retain the interest of learners. It is also intended that the case study be kept under review so that additional case studies can be introduced if providers and learners indicate that they want additional case studies or a choice of case studies.

In terms of ongoing support, there is a helpline and a link to FAQs. The resources are Web-based, and are therefore robust enough to be used remotely. There are detailed instructions and step by step screenshot-based guidelines in the hard copy for learners to follow if they need to do so. Overall, the resources are intended to be user friendly and intuitive, and early feedback suggests that this is achieved. Over-complexity has been avoided to ensure that there is no barrier to learning.

Conclusion

Both resources have been designed so that while they are each “another space for learning”, they ensure that the experience is very much one of an interactive resource with an accompanying book, not the other way round.

The approach is one of using many stories, building the teaching points into them so that they occur in context. This is in contrast to the format of communicating the points in the book and then illustrating them with a supporting exercise. The former approach, it is argued, provides a different perspective. Learning by doing in this way is engaging and allows the learner to build confidence and progress at their own pace.

Combining this practical approach with clear but concise messages from practitioners that this is what is required by the profession to which the learner aspires provides a powerful incentive to learn. When this is combined with copious feedback and encouragement to reflect and record those reflections, the learner is encouraged to complete the learning cycle with every exercise. This then becomes the path of least resistance, providing the learner with a sound learning experience which will equip them with the skills they need.

About the presenters

Liz Polding joined Oxford Institute of Legal Practice in 2001. She was appointed principal lecturer for learning resources in 2002, and has worked to develop interactive resources which are integrated into the curriculum and support face to face teaching. Liz is the lead author of LPC Skills Online.

Jill Cripps joined Oxford Institute of Legal Practice in 2001, and was appointed principal lecturer and skills coordinator in 2002. Since then she has been involved in teaching and developing drafting, writing, interviewing and legal research on the LPC. Jill is co-author of LPC Skills Online.

James Catchpole joined the College of Law in 2008. He was previously deputy course director of the LPC at the City Law School and coordinated solicitors and business accounts, corporate finance and business law and practice. James is the author of LPC Accounts Online.

Last Modified: 9 July 2010