scholarly journals The Evolution of Lawyers' Professional Identity: The Contribution of the ADR in Legal Education

2013 ◽  
Vol 18 (2) ◽  
pp. 315
Author(s):  
Kathy Douglas
Keyword(s):  
Problem Solving ◽  
Professional Identity ◽  
Dispute Resolution ◽  
Legal Education ◽  
Law Students ◽  
Legal Practice ◽  
Legal Problem ◽  
Legal Policy ◽  
Holistic Approaches

Alternative or Appropriate Dispute Resolution (‘ADR’) is a crucial area for lawyers to understand in order to engage in present day legal practice. ADR is now common in courts and the community and is supported by legal policy at both federal and state levels. Learning about ADR can contribute to the moulding of law students’ professional identity so that they are better able to engage in commonly used processes such as negotiation and mediation. This article discusses research into the teaching of ADR in legal education. It draws on a project where the teaching of ADR was researched in depth to examine the content and pedagogy of this area of the legal curriculum. The article argues that ADR is an important part of legal education as it can assist law students to develop non-adversarial, holistic approaches to legal problem-solving.

scholarly journals Keeping up with change: no alternative to teaching ADR in clinic. An Australian perspective

2018 ◽  
Vol 25 (1) ◽  
pp. 35
Author(s):  
Jacqueline Weinberg
Keyword(s):  
Dispute Resolution ◽  
Clinical Education ◽  
Alternative Dispute Resolution ◽  
Legal Education ◽  
Law Students ◽  
Access To Justice ◽  
Legal Practice ◽  
Law Schools ◽  
The Cost ◽  
Client Needs

<p>Over the last 30 years alternative dispute resolution (ADR) has become more prominent in Australian legal practice due to the need to reduce the cost of access to justice and to provide more expedient and informal alternatives to litigation. As legal educators, we need to ask: how should we be preparing law students entering practice for these changes? How can we ensure that once they become lawyers, our students will not rely entirely on litigious methods to assist their clients but instead look at alternatives for dispute resolution?</p><p>In this paper, I argue that there is no alternative to teaching ADR in clinic in order to address client needs and to ensure that students engaged in clinical education are prepared for changes in legal practice today. I show that the increasing focus upon ADR in Australian legal practice represents a challenge for law schools, and that legal educators need to ensure they are educating students about ADR.</p><p>I argue that it is important to determine whether ADR is being taught to students undertaking clinical legal education in ways that will enhance their preparation for legal practice. I will show that there is a need to explore: whether ADR is being taught within clinical legal education, the strengths and weaknesses of existing approaches, and how the teaching of ADR within clinics can be improved.</p>

scholarly journals Legal Education Reform and the Good Lawyer

2014 ◽  
Vol 51 (4) ◽  
pp. 801 ◽  
Author(s):  
Alice Woolley
Keyword(s):  
Education Reform ◽  
Professional Identity ◽  
Legal Education ◽  
Law School ◽  
Legal Practice ◽  
Cautionary Note ◽  
Law Schools ◽  
Legal Doctrine ◽  
Large Lecture ◽  
Essential Function

The critics agree: law schools do it wrong. Stuck in early twentieth century practices that emphasize instruction in legal doctrine in large lecture halls, law schools fail to provide their students with the skills necessary to be practicing lawyers and to be marketable to prospective employers. They fail to instill in their students the “professional identity” necessary to achieve ethical legal practice. This article sounds a cautionary note with respect to those proposals for reform that reject the traditional emphasis on doctrinal teaching. In particular, and in contrast to the critics who view doctrinal learning as inconsistent with, or unrelated to, the creation of ethical lawyers, this article suggests that the emphasis on law in law school serves an essential function in creating ethical legal practice.

An Assessment of Continuing Education Needs of a Group of Newly Licensed New Mexico Attorneys

1999 ◽  
Vol 84 (2) ◽  
pp. 404-406
Author(s):  
William L. Johnson ◽  
Billy E. Askins ◽  
Annabel M. Johnson
Keyword(s):  
New Mexico ◽  
Problem Solving ◽  
Dispute Resolution ◽  
Ethical Dilemmas ◽  
Legal Education ◽  
Legal Reasoning ◽  
Legal Research ◽  
The Supreme Court ◽  
Education Needs ◽  
One Year

An assessment inventory for the planning and delivery of continuing legal education was developed for the Supreme Court of New Mexico. The ten competency areas assessed were obtained from the American Bar Association's MacCrate Report: problem solving, legal reasoning, legal research, factual investigation, communication, counseling, negotiation, litigation and dispute resolution, legal management, and resolving ethical dilemmas. A survey of 30 New Mexico attorneys who had practiced for one year or less suggested the greatest areas of need were in the areas of negotiation, litigation and dispute resolution, and problem solving.

The Origins of Problem-Solving Negotiation and Its Use in the Present

2021 ◽  
pp. 68-72
Author(s):  
Carrie Menkel-Meadow
Keyword(s):  
Problem Solving ◽  
Civil Rights ◽  
Dispute Resolution ◽  
Clinical Education ◽  
Alternative Dispute Resolution ◽  
First Generation ◽  
Legal Education ◽  
Legal Services ◽  
Legal Ethics ◽  
Legal Studies

I began teaching, practicing, and researching law in the mid-1970s, first as a legal services and civil rights lawyer, then as a first-generation legal clinician, and then as a theorist and contributor to a variety of “movements” to change law and legal education: poverty law, clinical education, legal feminism, sociolegal studies, critical legal studies, alternative dispute resolution, legal ethics, law, literature and culture, and transnational legal studies. When I first began writing ...

validity of adopting the outcome suggested. In the court room, both parties put forward arguments and the judge chooses the argument that is either the most persuasive or that is the closest to the judge’s own belief concerning the outcome of the case. So far, in this text, there have been opportunities to read judgments and the judges have presented their decisions in the form of reasoned responses to the questions posed by the case. In the classroom, students are constantly called upon to practise and refine their skills in legal problem solving by engaging in reasoning processes leading to full scale argument construction. For the practising lawyer, a valid argument is of the utmost importance. Decisions as to right action can only be made by people who are able to distinguish between competing arguments and determine that, in a given set of circumstances, one argument is more valid than another. Judges are, of course, the ultimate arbiters of the acceptable decision. Sometimes, this decision is quite subjective. 7.7.1 Logic It is generally believed that academic and professional lawyers and, indeed, law students, are well skilled in the art of reasoning. Furthermore, it is believed that they are people who argue ‘logically’. To most, the term ‘logical’ indicates a person who can separate the relevant from the irrelevant, and come to an objective view, based often on supposedly objective formula. Colloquially, people accuse others, who change their mind or who are emotional in their arguing, of allowing their emotions to get the better of them, of ‘not being logical’. The dictionary defines logic as the science of reasoning, thinking, proof or inference. More than that, logic is defined as a science in its own right—a subsection of philosophy dealing with scientific method in argument and the uses of inference. Hegel called logic the fundamental science of thought and its categories. It certainly claims to be an accurate form of reasoning: its root is found in the Greek word logos meaning reason. Figure 7.7: a definition of logic

2012 ◽  
pp. 227-227
Keyword(s):  
Problem Solving ◽  
Scientific Method ◽  
Full Scale ◽  
Law Students ◽  
Valid Argument ◽  
Legal Problem ◽  
Right Action ◽  
Fundamental Science ◽  
Objective View ◽  
Definition Of

Catch ’em Early: Making a Lawyer

2020 ◽  
pp. 37-60
Author(s):  
Emma Jones ◽  
Neil Graffin ◽  
Rajvinder Samra ◽  
Mathijs Lucassen
Keyword(s):  
Professional Identity ◽  
Identity Formation ◽  
Early Stage ◽  
Legal Education ◽  
Evidence Base ◽  
Law Students ◽  
Health And Wellbeing ◽  
Training And Support ◽  
Difficult Situations ◽  
And Training

This chapter explores how a number of the issues around mental health and wellbeing faced by the legal profession can be traced back to the legal education and training provided. Drawing on an international evidence-base relating to the wellbeing of law students, it considers how the professional identity formation of many professionals begins at an early stage and often involved the absorption of potentially unhealthy norms and expectations. In particular, it explores the notion that studying and practising law has a certain status and thus those who follow this route are in some way special or different – one of the key themes identified in this study. The chapter also considers the challenges which can arise when individuals enter the profession but are not provided with adequate training and support, often facing harrowing and difficult situations and cases, but being expected to simply carry on regardless.

scholarly journals FORMATION OF SPECIAL COMPETENCIES OF LAW STUDENTS FOR WORK IN ECONOMIC FIELD

2020 ◽  
Vol 6 ◽  
pp. 532
Author(s):  
Antonina Bobkova ◽  
Andrii Zakharchenko ◽  
Yevheniia Lypnytska ◽  
Yuiliia Pavliuchenko ◽  
Inna Lekhkodukh
Keyword(s):  
Higher Education ◽  
Graduate Students ◽  
Economic Activity ◽  
Academic Discipline ◽  
Video Recording ◽  
Legal Education ◽  
Law Students ◽  
Theoretical Knowledge ◽  
Legal Practice ◽  
Procedural Law

The aim of the research paper is to suggest the proposals on improving approaches to the formation of special competencies of law students for their preparedness to legal support of economic activity. The article focuses on the shortcomings of the legal education system, which lay in the lack of applied skills of the graduate students, as well as their insufficient ability to apply theoretical knowledge, which they acquired, in practice. One of the reasons for this state of training of future lawyers is the predominance of traditional forms of teaching specialized legal disciplines. The study concluded that the list of special competencies contained in The Standard of higher education of Ukraine on specialty «Law» was not sufficiently specific, because it does not focus on the competencies, directed specifically to work in economic field. Based on the analysis of the specialties of legal practice in economic field, a basic list of such special competencies is proposed. One of the ways of forming special competencies of law students using the method of analysis of video recording of the broadcast of trial proceedings on the example of the academic discipline «Economic Procedural Law» is illustrated in the paper. 

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