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International Conference on the Future of Legal Education, Georgia State University College of

Law, 20-23 February 2008

Council of Australian Law Deans and Carrick Institute Discipline Based Initiative in Law:

Goals, Plans and Progress

Professor Gary Davis (Flinders University) Project Director

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Carrick Institute for Learning and Teaching in Higher Education: Objectives

• promoting and supporting strategic change• raising profile of importance of teaching• fostering and acknowledging teaching excellence• disseminating and embedding good teaching and

learning practices• encouraging sharing and benchmarking• identifying issues and facilitating national approaches to

resolving them

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Carrick Institute: Values

• inclusiveness

• long-term change

• diversity

• collaboration

• excellence

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Carrick Institute: Programmes

• Carrick Awards for Australian University Teaching

• Carrick Fellowship Scheme• Grants Scheme• Promoting Excellence Initiative• Discipline-Based Initiatives Scheme

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Discipline Based Initiatives Scheme (DBI)

• system-wide

• future-oriented

• sustainable developments

• curriculum regeneration

• productive engagement

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Pilot Discipline Based Initiatives

• Science• Information and Communication

Technology• Law

– AUTC: Johnstone & Vignaendra, Learning Outcomes and Curriculum Developments in Law (2003)

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Learning and Teaching in the Discipline of Law: Achieving and Sustaining

Excellence in a Changed and Changing Environment

Diversity– proliferation of law schools & students– professional training vs intellectual discipline– “selling” of Law as prep’n for non-law careers

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Goals

G1 Create, among key personnel in Australian Law Schools, greater awareness of and engagement with the Learning Outcomes and Curriculum Developments in Law Report

•http://admin.carrickinstitute.edu.au/dspace/handle/10006/3492 •Conduits: Associate Deans (Teaching & Learning)

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Goals (cont)

G2 Map the current diversity of student profiles and legal education programs in Australia

•student characteristics

•law course direction & focus

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Goals (cont)

G3 Identify workable infrastructure for current and ongoing consultation and engagement with key stakeholders in legal education•students; teachers; administrators; employers; government; practising profession; judiciary

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Goals (cont)

G4 Develop law graduate attributes templates

• end product orientation

• regional forums Apr - May

• national: ALTA Conference July

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Goals (cont)

G5 Explore the issue whether formal standards for Australian law schools ought to be adopted and present options for consideration by the Council of Australian Law Deans

•CALD Meeting 3-4 March in Sydney

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Goals (cont)

G6 Develop effective means to inculcate in Australian law students the values of professionalism, ethics and service•personal interest vs professional responsibilities•stakeholder expectations of law school leadership

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Goals (cont)G7 Develop baseline data regarding the mental well-being of law students including their understanding of relevant issues, personal experiences and knowledge of assistance mechanisms which are in place•prevalence of stress & depression•Sydney Uni research study: “Lawyers are human too: Investigating why those who speak out for others in need feel they must remain silent about their own needs?”

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Goals (cont)

G8 Commence a process for re-designing the law curriculum and approaches to the delivery of legal education so that they will be sufficient to meet the needs of the coming generation of law students•agreed framework for revision of current mandatory requirements for professional accreditation

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Ethics & Prof Conduct Teaching

• preliminary stocktake

• website info

• almost all law schools: 30 / 32

• universal: all law schools teach ethics and professional conduct

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Uniform Admission Rules: Professional Conduct (including basic Trust Accounting) “Professional and personal conduct in respect of

practitioner's duty:(a) to the law;(b) to the Courts;(c) to clients, including a basic knowledge of the

principles of trust accounting; and(d) to fellow practitioners.”

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Content Associations

• legal professional identity– history, nature and structure of legal institutions and

the legal profession • practical legal and generic skills

– Negotiation; drafting; interviewing; advocacy

• contextual approach– social; political; economic; access to justice

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Content Associations (cont)

• generic professional identity– “professionalism” or nature of a “profession”

• development of an ethical disposition – recognise ethical dilemmas + tools to resolve– “framework of ethical analysis”– “ethical evaluation process”

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Methodology

• compulsory or elective

• curriculum location: first; last; embedded

• mode of delivery : lectures; tutorials; workshops; on-line; placement

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Assessment• exams• research assignments• quizzes (in-class & on-line) • class participation• oral presentations• practicum assessment• role plays• reflective journals

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Conclusion

Legal academics driving discipline of law forward