Facing the challenges of transition to legal education while engaging the learner

In her paper Alison Bone (University of Brighton) discussed some of the issues involved in successful transition into legal education, addressing in particular those aspects which can result in students deciding to leave the course.

Alison’s slides are embedded below.

The ‘first year experience’ (FYE) has attracted a great deal of attention in recent years. With the added problem of increased costs students need to be reassured that they have made the right choice in pursuing a law course, whether at undergraduate, graduate or postgraduate level. Successful transition into legal education needs to address a wide range of issues, some of which are identified and discussed below.

The theoretical background

Almost all the research addressing FYE is generic, as is the literature. In 1997 in the USA nearly one third of students did not enrol for the second year of college (ie the equivalent of a UK undergraduate course) (Cravatta 1997), and the rate has only marginally improved since then, although generalisations are less than helpful since the statistics vary significantly from private to public college and course to course. In addition, law in the USA is studied only at postgraduate level, making attrition rates different.

According to ‘Should I stay or should I go? Law school attrition’ (a post on the fascinating Above the law blog) American law school dropouts include “six presidents, a vice president…and a member of The Doors”. The post links to Law school rankings by 1L attrition rates, which indicate that everyone stays at the top ranking Yale and Stanford law schools (0.0% attrition in Year 1), whereas Whittier (that’s in California) has a staggeringly high 51.5% attrition rate. It is interesting to note that despite this Whittier is ranked 161 out of 195…so attrition is clearly not the most important criterion in the league tables.

In the UK the Higher Education Statistics Agency (HESA) can break down attrition by institution but not by subject. The latest figures (see table 3A) contain few surprises – Oxford and Cambridge have the lowest attrition rates (omitting very small institutions), with post-1992 institutions generally having higher rates of attrition than pre-1992 institutions.

It is thus a reasonable hypothesis that the higher ranking the university, the less likely students are to drop out, regardless of the subject studied, but this is just as likely to be an effect than a cause. The most recent UK survey on FYE is that of Yorke & Longden (2008), which indicates that the issues raised by those students who fail to continue with their courses are very similar to those raised ten years ago, namely:

• young students choose programmes less well than older students
• young students are more likely to be unhappy with various aspects of the geographical environment in which they live and/or study
• older students tend to be more critical than younger students of their experience in higher education
• older students have greater problems with finance, the demands of part time study and the needs of dependants
• students from managerial and professional backgrounds are less likely to experience financial difficulties than those from other socio-economic groups

Given the current cost of a university programme, even taking into account the loan provisions available for undergraduate study, it is important that institutions do all that is reasonably possible to minimise student dropout. Yorke & Longden indicate areas where enhancement activities could help – these are discussed below in the context of the postgraduate diploma in law at the University of Brighton.

Putting it into practice

The postgraduate diploma in law (PGDL) at Brighton is one of very few postgraduate CPE courses in the country and has been running since 2000. It was reviewed by both the university and the professional bodies in 2008 for the second time in its history and a few changes made. It has run as a one day a week part time course since its inception, but will be offered in full time mode (two full days a week at university) from 2009.

Because of its nature the course has only attracted a limited number of participants -never more than 24 in any year, with numbers dwindling in recent years. There are currently ten students enrolled in year one, with a similar number in year two. Six students are registered for the LLM (an optional third year), obtained by submitting a 20,000 word dissertation.

Making an informed choice

Poor choice making is shown by Yorke & Longden as the first area likely to lead to student dropout. The revised Higher Education Funding Council for England (HEFCE) definitions of student non-completion (which includes all those who withdraw or defer during the year for whatever reason), aimed at ensuring as far as possible that students have made an informed choice, both to attend university at all and to study a particular course, should pay dividends in both time and money.

The PGDL has three open evenings a year where potential students can meet the course leader and a current student. In addition, every student is interviewed by the course leader, where it is emphasised that the purpose is to ensure that the student is aware of the necessary commitment to complete the course. The interview is also used to explain the realities of pursuing a career in the legal profession, taking into account the student’s background, age, educational achievements to date and work experience. Although the interview usually results in an offer being made, around a third of the applicants do not accept the offer. Given that Brighton is the only part time CPE provider within 50 miles it seems likely that one of the core reasons is simply that the applicant decides that the course is not suitable.

Brighton graduates who apply for the course are offered a small discount on fees, while university employees pay no fees. To date all university employees have completed the course, whereas the performance of Brighton graduates varies with age. The younger the graduate, the less likely they are to complete the course. Although the numbers are very small and cannot be deemed statistically significant, it would appear that students who graduate and immediately commence the PGDL are less likely to fully appreciate the demands of the course. It should also be borne in mind that such students are often working in their first (almost) full time job with its competing demands. Many mature students (be they Brighton graduates or not) see the course as opening doors for them in their current careers, in addition to those who want to change careers completely and become qualified lawyers and are likely to be more highly motivated.

The quality of teaching – and the role of assessment

According to Yorke & Longden poor teaching can lead some students to leave their course. This is more likely with mature students who tend to have higher expectations, especially when they have already achieved a higher education qualification. The transition from school to university can be problematic for some, and there are some excellent resources available for tutors wishing to address this issue (for example Wallace 2003). The issues are somewhat different for graduates, especially those opting for a specialised area of study such as the PGDL. Space does not permit discussion of this key aspect in any depth, but transition has never been an issue for Brighton PGDL students, who have the benefit of small classes and a close relationship with their lecturers, who usually know them by name and respond to queries personally and quickly.

The use of formative assessment at an early stage of the course ensures that the students have a clear idea of the standards involved. Some basic prescribed reading covering the nature of the law and the English legal system must be done before commencing a four day module – which runs one day a week over four weeks – entitled ‘Legal system method and skills’. Until 2008 students were subjected to a heavy assessment load for what was a 10 credit Level 3 module, including a five minute presentation on a legal topic of their choice, a legal resource task, an exercise on statutory interpretation and a précis of a recent (unreported) case with an identification of the ratio decidendi.

These tasks needed to be completed and submitted by the commencement of Week 5, while on the same day students underwent a short factual multiple choice test. Although students were given a percentage mark for all five of these tasks and an aggregate percentage mark was calculated (it was not necessary to pass all the component parts), they were only credited with a ‘pass’ – this mark did not count towards their final award classification.

The students found the module tough, but the feedback was generally very positive. Being required to do a variety of tasks testing different legal skills without worrying about the overall grade was appreciated. The assessment load hit when they were new but highly motivated, and it was interesting that very few asked for direct assistance, apart from (occasionally) some clarification of detail. With the exception of the presentation and the multiple choice test it was recognised that students could collude, although there was no evidence that this had occurred. No student had ever failed this first module (the pass mark was set at 40%).

When the course was reviewed in 2008 it was decided that the assessment for this module should be drastically reduced. It now consists solely of a one hour multiple choice test containing 60 questions, with the pass mark raised to 60% (the pass mark for all other modules is now 50%, in line with other postgraduate courses in the university). It is a requirement that this module be passed before students can progress to the next stage of the course.

In the most recent cohort nobody failed the test. Students found the ‘all eggs in one basket’ approach stressful, but of course they were unaware of the old scheme’s assessment. The legal resource, statutory interpretation and judicial precedent exercises were all set as weekly tasks to be completed by the following week – all students completed them and were given feedback by the lecturer. Presentation skills are built into seminars, with students participating in mini-moots or debates.

Social integration

Living away from home for the first time requires the development of new skills, including time and financial management. The STAR Project’s Guidelines for the management of student transition (PDF file) stress the importance of induction activities:

Being at a higher education institution is a social experience for students. Class coherence and peer support are important characteristics of those who are successful. Socially isolated students and those who feel that they do not belong are the most likely to leave. The early establishment of a peer support group (a community of practice) should be a priority for all students.

All Brighton PGDL students live at home. Although sometimes travelling long distances can affect interaction after class hours, course cohesion is usually relatively swift because of the part time nature of the course (they are together all day in the same room for around six hours, sometimes longer) and the small numbers. In the early years of the course some social events were planned by the course leader (Christmas lunch, end of course drinks), but the students are now left to their own devices with no apparent ill effects.

Resources

Most students are happy with university resources such as the library, virtual learning environments etc, however Bekhradnia (2006) reports that a quarter of respondents to a survey stated that the provision of better library and other academic facilities was their top priority. It is assumed by many that all students have access to a computer at home, and although this is undoubtedly true for the majority, there are those who do not, and who will be disadvantaged as a result. One PGDL student who had sought asylum in the UK was unable to afford basic textbooks and could only access websites while on campus for the first three months of the course. It would be interesting to know how many tutors routinely ask their students whether they have access to a computer at home.

Managing expectations

Although it is not possible to please all students all of the time, students who leave a course often cite problems with course organisation or student support. This is less likely to happen on undergraduate courses, since they have relatively high levels of class contact time so that if for example one class is cancelled with little or no notice, there is likely to be another later that same day. At Brighton, because the part time PGDL runs for a full day (and the full time course will run on two full days per week) we always aim to provide substitute cover whenever possible – as the course runs in three hour blocks one tutor’s absence has a significant impact. The course structure also means student support for those with carer responsibilities is difficult to factor in, but those with special learning needs are helped as required.

Conclusion

The costs of legal education used to be discussed from the viewpoint of the institution, but in recent years the focus has been on the cost to the student. It seems unlikely that take up of places on undergraduate law programmes will continue to expand, and retention may become more of an issue as students recognise the bottle neck of lack of training contracts and pupillage and find relevant work experience harder to acquire. Non-law graduates entering CPE programmes are also likely to decline, at least in the short term as the recession bites, so the student experience of those who do commit to this specialist course must be of the highest quality to ensure maximum retention. As a result course providers need to be aware of the need to balance the apparent competing demands of supporting and challenging students.

References and further reading:

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• Bekhradnia B (2006) Demand for higher education to 2020 Oxford: Higher Education Policy Institute
• Cravatta M (1997) Hanging on to students: college student attrition rate after freshman year American Demographics
• Wallace J (2003) Supporting the first year experience York: Higher Education Academy
• Yorke M & Longden B (2008) The first year experience of higher education in the UK (PDF file) York: Higher Education Academy

The USA has a dedicated resource centre with a wealth of generic information on FYE. In Australia, Sally Kift has received a Carrick Senior Fellowship to examine FYE and curriculum design, to which Alison has contributed an expert commentary on the role of assessment in assisting transition.

About Alison

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Alison Bone is a principal lecturer in the Law Subject Group at Brighton Business School, where she is course leader of the postgraduate diploma in law. She spends most of her time keeping up to date with employment law, her specialist subject.
 
Alison’s research area is assessment, and she has facilitated many events and produced a range of materials for UKCLE on this topic, as well as carrying out a number of projects examining the role of assessment in student learning. She is also a member of UKCLE’s Advisory Board.
 
The originator of the Law Teacher of the Year award, Alison has a deep interest in the student experience.

Last Modified: 9 July 2010