Hitting the ground running? Preparing students for practice

Amanda Fancourt, a lecturer at the Oxford Institute of Legal Practice, was employed as UKCLE research fellow from June 2002 to January 2004. Her research project was aimed at investigating the suitability of the Legal Practice Course (LPC) for practice.

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This summary presents the key findings of the research study into how well the Legal Practice Course (LPC) prepares students for their training contracts. Download the full report as an RTF file at the bottom of the page (89 pages, 4.75MB).

The study arose in response to concerns expressed by a number of City firms about the quality of new trainees. The research sought to establish the level of any similar concerns of a range of training establishments, including small general and legal aid practices, a local authority, medium sized firms, and large commercial firms. There were 14 in total, located mainly in the Midlands and London.

The study used broadly qualitative research methods. A short fact-finding questionnaire was followed by in depth interviews. The questionnaires sought information on the training programme provided for trainees, and the tasks carried out by, and the skills and attributes required of them.

The interviews were conducted between September 2002 and March 2003, with trainers (training partners, and/or graduate recruitment or training managers) and a trainee in each participating training establishment. As one of the main aims of the research was to establish if trainees are being adequately prepared for practice by the LPC, the interviews concentrated on the following issues:

• what the trainee does
• the current role of the trainee
• trainee strengths and weaknesses
• LPC shortcomings
• possible changes to the LPC

Key findings

The key findings are dealt with as follows: firstly, the tasks identified by the interviewees, and their comments on the role of the trainee; secondly, the skills and attributes of the trainees, in the context of trainees’ strengths and weaknesses; thirdly, views on the LPC and suggestions for change. The final issue that emerged from the study is that of the link made between the LPC and the training contract, and the sense of a continuum in solicitors’ training.

Tasks

The tasks, skills and attributes identified most frequently by the participants in the questionnaires – research, drafting, writing letters, and meeting clients (which generally meant attending meetings to observe, rather than to lead) – were identified by firms of all types.

The current role of the trainee solicitor

In most participating firms, trainee solicitors are expected to take on more responsibility and contribute to the business of the firm from an early stage in the training contract, compared to 5 to 10 years ago. Trainees are expected to ‘hit the ground running’ as they begin their contracts. This has been the case for longer in smaller firms, but the pressure on trainees to contribute has increased in all firms as they, the firms, are much more business orientated than before. Trainers commented that at least in the early stages of the training contract trainees with prior work experience were able to contribute better. Three training establishments admitted that they are reluctant to recruit trainees who have come straight through school, university and the LPC.

Despite these increased expectations, most of the firms expressly acknowledged that they are providing training, and that supervision is necessary at all stages of the training contract. In addition, most firms, apart from two general practice firms, were reluctant to allow the trainees direct client contact at a very early stage in the training contract.

For trainees, their experience depended very much on the seat/department and the individual supervisor. Some said that they went back to square one at the beginning of each seat, but the majority felt the responsibility they were given was greater the further into the training contract they were. Most trainees expressed a desire for more client contact, particularly in the early stages of training.

Skills and attributes

The skills most commonly identified by both trainers and trainees related to communication, both written and verbal, analytical thinking (“getting to the bottom of a problem”), and organisation (including time management and prioritising). IT skills were rarely mentioned in the questionnaires, but on enquiry were said to be taken as read. Trainees were often commended on this particular skill. Research ability was a response more common to trainees than trainers, while business or commercial awareness was mentioned more often by trainers than trainees.

As for the attributes, most trainers and trainees identified ‘people skills’ and a confidence to ask for help. The former related notably to the ability to deal with different types of people both within and outside the office. These attributes were discussed at considerable length in interview in the wider context of professional manner. In addition, the majority of trainers expected trainees to have energy and a ‘can do’ attitude.

Trainee strengths and weaknesses: key themes

Overall, participating firms were satisfied with the quality of their trainees. As mentioned above, trainees were often commended on their IT skills. Research ability was found to be satisfactory, although four firms noted a tendency for trainees to be a little too academic in their approach to writing research memoranda.

Few participating firms raised knowledge of the law as a problem. Certainly, all firms stated that a knowledge of the basics of contract, tort, trusts and (for most firms) property was essential, but most did not complain of a lack of knowledge on the part of the trainees.

All firms found that the standards of written English (grammar, punctuation and spelling) of the trainees were poor, but acknowledged that this is not the fault of the LPC, nor is it a problem exclusive to law. Concern was expressed about a rather academic approach to written research presentation, as well as a too informal style of e-mailing.

Drafting of documents and use of precedents were raised by the majority of firms. Trainees are weak at producing documents that meet the clients’ needs, and, when using precedents in particular, at creating internally coherent documents.

Most, if not all, firms commented to a greater or lesser extent on the professional attitude of trainees. There was a general lack of awareness of office life, what it is to be a professional and a solicitor, and how the business of a law firm is run. A number of participants, both trainers and trainees, noted a lack of awareness of, and focus in the LPC on, ethical issues.

The LPC: strengths, weaknesses and possible changes

Trainers’ comments

There was a notable lack of knowledge on the part of most trainers of the content of the LPC. In addition, very few made any link between the LPC and the training contract in discussions with their new trainees. Many trainers therefore were unable to comment extensively on the content of the LPC. Most, however, offered views on additional areas that could be covered, or on the emphasis of the course. For most, a solid grounding in ‘black letter’ law or key legal principles was essential, but as mentioned above, this was generally not identified as a problem area. There was a diversity of views about the skills basis of the course. For example:

• there is little need for soft skills, as these can be learned ‘on the job’
• greater emphasis is needed on ‘hard skills’ and especially problem-solving
• the skills training on the course is more important than a range of knowledge areas, as long as the basics (contract, tort, trusts and property) are present
• some firms would prefer to develop the skills themselves, while others, which had diverse practices, preferred to teach the specialist areas of law. They were happy to develop skills as well, but any prior skills training was helpful, making trainees much more effective in their first seats.

Trainees’ comments

While most trainees could see some value in the course and had used the skills they learned on the LPC, many felt they were assessment driven while on the course. There is very little sense of preparation for practice. They agreed that some form of awareness raising about professional life would be useful to try to make the link with practice, although this could be difficult to impress upon students, as they are so concerned to pass their assessments, and find it difficult to make the link with practice before they have had any experience of it.

There is insufficient integration of skills into the substantive subjects. Seven trainees specifically criticised the writing or drafting courses as inadequate.

Four trainees expressed a preference for a block release course, or training similar to accountants or legal executives. They felt this would make the course more meaningful.

Suggested changes to the LPC

Apart from one firm, all participating training establishments were in favour of retaining a broad based LPC. Some would like to see more elective subjects available, but were resistant to a move towards specialised courses. A number saw this as perpetuating what is already a fragmented profession.

Raising awareness of what it is to be a professional, as mentioned above, and what office life is like would be a useful addition to the LPC. One firm said that LPC providers should contribute to the attitude with which trainees arrive at the firm. As mentioned above, in most firms, trainees who had had a previous career, some sort of work experience, whether legal or not, or even had merely done the CPE, were more effective and settled into office life more quickly than those who had not.

The lack of other significant suggestions from the trainers for change to the LPC may arise from their lack of knowledge of its current content. Perhaps if they had more involvement in the course, this would change. However, the three firms that do have some knowledge and make a link between the LPC and the training contract did not suggest any substantial changes.

Conclusion

The LPC and the training contract are designed to be part of the same process leading to qualification as a solicitor; they form, or should form a continuum. However, the lack of trainers’ knowledge of the LPC and little or no link made between the course and the training contract, together with the trainees’ comments that the LPC did not seem to prepare them run contrary to this sense of continuum. Both trainers and trainees were conscious of this. Some participating firms recognised that they perhaps should try to make more of a link between the two stages, by talking to their prospective trainees on the LPC, and at the beginning of the training contract.

Increasing awareness of ‘professional life’ in a wide sense on the LPC, as suggested by many of the participants, could contribute to recreating a continuum. Careful thought however needs to be given to how to achieve this most effectively. Increased integration of skills into the substantive subjects on the LPC, and greater emphasis on reflective learning are examples of ways to promote this awareness. Such measures should also make students’ experiences on the vocational course more meaningful, and help them to appreciate that they really are being prepared for practice.

The introduction of learning logs, as proposed by the Law Society’s second Training framework review consultation could certainly improve awareness, and the value of a students’ experience, especially if the logs are used on the vocational course as well as during the period of work-based learning. Under the proposals, training establishments would review the learning logs, and be responsible for formally declaring a trainee ready for practice. To ensure a meaningful process, it would seem logical for trainers to become more informed about the whole vocational process, with better dialogue with training providers.

Further research on prior experience of trainees would be an interesting area, as would exploration of views on being a professional, both within the profession, and by comparison with others.

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Last Modified: 4 June 2010