learning outcomes in legal education professor paul maharg glasgow graduate school of law

Learning outcomesin legal education

Professor Paul Maharg

Glasgow Graduate School of Law

Standing Conference on Legal Education, November, 2005 2

How do you arrive at outcomes?

Lawyers and educationalists work together: what should students should be able to do, know, value, appreciate? The process:

focuses on essential knowledge, skills, attitudes, values links back, eg to LLB process and content sets expectations of student performance clarifies assessment expectations

-- William Spady (1994) Outcome-based Education: Critical Issues andAnswers, Arlington, VA, adapted

NB: Programmes of study are not essential: outcome statements are distinct from processes of learning and assessment of learning

Eg ‘By the end of [X] students should be able to …’


Eg Qualifying as a Solicitor, Annex 1…

B. Ability to complete legal transactions and resolve legal disputes, including the ability to:

• work with clients to identify their objectives, identify and evaluate themerits and risks of their options, and advise on solutions;• establish business structures and transact the sale or purchase of abusiness;• progress civil and criminal matters towards resolution using a range oftechniques and approaches;• deal with various forms of property ownership and transactions;• obtain a grant of representation and administer an estate;• draft the agreements and other documentation that will enable theseactions and transactions to be completed;• plan and implement strategies to progress cases and transactionsexpeditiously and with propriety.


Design-back is critical…

David Prideaux (2003) ABC of learning and teaching in medicine: curriculum design,

British Medical Journal, 326:268-270

David Prideaux (2003) ABC of learning and teaching in medicine: curriculum design,

British Medical Journal, 326:268-270


… across three types of curriculum …


… and three levels of urgency

must learn now

could learn now

should learn now


What improvements should outcome statements bring?

clarity as to what constitutes professionalism for lawyers, students and trainees

clearer focus on standards in skills & knowledge more structured but flexible assessments statement of a definite threshold of achievement to

be reached by trainees at any particular stage more liaison between partners, eg Law Society, LPC

providers, training organisations. firmer basis for professional accreditation later in a

practitioner’s career encourage innovation in curriculum design &

development


Disadvantages of outcomes?

being general, they give little guidance in planning interventions

objectives tend to become ‘ad hoc substitutes for hypotheses’

they give the illusion of predicting what ought to happen they imply the idea of ‘teacher-proofing’ the curriculum,

thus losing the value of ‘divergent interpretations’ they stop students having their own outcomes they inhibit speculation they have unexpected consequences for universities as

institutions, as well as teacher practice Lawrence Stenhouse, Authority, Education and Emancipation, London, Heinemann, 1983, pp 81-2, adapted


Can outcomes encompass all learning?

No – because learning … is neither a product nor a service (though it involves both) is not only a change in behaviour but a change in personal

values, attitudes, intellectual positions, cannot be accurately predicted


But outcomes can enable innovation in teaching & learning …

Eg objective structured clinical examination (OSCE): history-taking diagnosis prognosis for an example of a bioethics OSCE, see www.wings.buffalo.edu/faculty/research/bioethics/osce.html

Eg transactional learning: active learning. learning to do legal transactions. transaction + reflection. collaborative learning. holistic process learning.


… eg through outcomes-based simulations …

are close to the world of practice, but safe from the (possible) realities of malpractice.

enable students to practise legal transactions, discuss the transactions with other tutors, students, and use a variety of instruments or tools, online or textual, to help them understand the nature and consequences of their actions

encourage collaborative learning and thinking about the type of professional they want to become

students begin to see the potential for the C in ICT; and that technology is not merely a matter of word-processed essays & quizzes, but a form of learning that changes quite fundamentally what and how they learn.

facilitate a wide variety of assessment, from high-stakes assignments with automatic fail points, to coursework that can double as a learning zone and an assessment assignment


… with practical & innovative assessments

For examples of forms of assessment, see US Accreditation Council for Graduate Medical Education:

http://www.ahsc.arizona.edu/azmec/June%2003%20Newsletter.doc.

direct observation or shadowing standardized oral / clinical skills examinations objective standardized exams simulations and models chart-stimulated recall global rating 360 Degree Evaluation OSCE portfolios record review


So what could be affected under outcomes-based professional learning?

1. methods of teaching and learning2. materials and resources3. timetable of study, work-based practice & assessment4. subject knowledge and skills that are the focus of classes or

workshops5. pre-existing aims & objectives6. distance, open, flexible and resource-based learning methods7. staff training – in designing, teaching, facilitating, assessing8. evaluation methods aligned to professional practice9. monitoring and accreditation guidelines10. wider context of curriculum and work-based context11. communication & partnership amongst all involved parties


Transactional learning:Private Client project

General outline: Students wind up the estate of a deceased client who dies intestate,

via 4 assignments. Students drafted: Initial Writ Estate Valuation Correspondence Forms C1, IHT 200 & supplements a will

Resources: no lectures, no exams: instead, tutorials and coursework 50 scenarios virtual collection of the client’s estate online assessment & submission of assignments FAQ online tutor assessment on average, six outcomes per assessment


Look again at Qualifying as a Solicitor, Annex 1…

B. Ability to complete legal transactions and resolve legal disputes, including the ability to:

• work with clients to identify their objectives, identify and evaluate themerits and risks of their options, and advise on solutions;• establish business structures and transact the sale or purchase of abusiness;• progress civil and criminal matters towards resolution using a range oftechniques and approaches;• deal with various forms of property ownership and transactions;• obtain a grant of representation and administer an estate;• draft the agreements and other documentation that will enable theseactions and transactions to be completed;• plan and implement strategies to progress cases and transactionsexpeditiously and with propriety.


Can portfolio learning be a key assessment of outcomes?

Yes, if it’s a sophisticated & complex learning tool – for example an e-portfolio, which:

is a continuation of undergraduate PDP through to CPD is wholly electronic and wholly embedded in simulation learning

activities and actual legal practice contains annotated text and video, graphics, animation, etc draws information from personal, academic and CPD domains evidences transactional learning and reflection has assessment zones, personal zones, confidential zones is wholly the responsibility of the learner-manager, under detailed

professional guidelines is in part under supervision by tutors, supervisors, Law Society


contact details

Professor Paul Maharg

T: 44 00 (0)141 548 4946E: [email protected]: http://zeugma.typepad.com

Glasgow Graduate School of LawLord Hope BuildingUniversity of Strathclyde141 St James’ RoadGlasgow G4 0LU

learning outcomes in legal education professor paul maharg glasgow graduate school of law

Documents

standing conference

legal transactions

legal disputes

outcomebased education

types of curriculum

learning outcomes

assessment of learning

abc of learning