scholarly journals The Legal Academy’s Engagements with Lawtech: Technology Narratives and Archetypes as Drivers of Change

2019 ◽  
pp. 27-45
Author(s):  
Kate Galloway ◽  
Julian Webb ◽  
Francesca Bartlett ◽  
John Flood ◽  
Lisa Webley

This article argues that legal education is currently grappling with three narratives of technology’s role in either augmenting, disrupting or ending the current legal services environment. It identifies each of these narratives within features of curriculum design that respond to legal professional archetypes of how lawyers react to lawtech. In tracing how these influential narratives and associated archetypes feature in the law curriculum, the article maps the evolving intersection of lawtech, the legal profession and legal services delivery in legal education. It concludes by proffering the additional narrative of ‘adaptive professionalism’, which emphasises the complex and contextual nature of the legal profession, and therefore provides a more coherent direction for adaptation of the law curriculum. Through this more nuanced and grounded approach, it is suggested that law schools might equip law graduates to embrace technological developments while holding on to essential notions of ethical conduct, access to justice and the rule of law.

2003 ◽  
Vol 34 (1) ◽  
pp. 1
Author(s):  
Kim Economides

Professor Economides, 2002 Chapman Tripp visiting fellow, overviews research on the supply side of the access to justice equation. Economides argues that the justice equation is based on the nature of supply and demand for legal services and the nature of the claim that clients wish to bring to a legal forum. However, the access to justice theme is moved beyond the supply side and into questions regarding the quality of the access provided suggesting that there is a need to explore the understandings of justice held by members of the legal profession and legal ethics, and the role that law schools and legal education have in formulating these.


2019 ◽  
pp. 6-26
Author(s):  
Lisa Webley ◽  
John Flood ◽  
Julian Webb ◽  
Francesca Bartlett ◽  
Kate Galloway ◽  
...  

This article argues that there are three narratives to technology’s role in augmenting, disrupting or ending the current legal services environment—each of which gives life to particular legal professional archetypes in how lawyers react to LawTech. In tracing these influential narratives and associated archetypes, we map the evolving role of LawTech, the legal profession and legal services delivery. The article concludes by proffering a further narrative of technology’s role in law known as ‘adaptive professionalism’, which emphasises the complex, contextual nature of the legal professional field. Through this normative rather than descriptive account it is suggested that the profession may access the benefits of technological developments while holding on to essential notions of ethical conduct, access to justice and the rule of law.


Author(s):  
Martin Partington

This chapter discusses the role both of those professionally qualified to practise law—solicitors and barristers—and of other groups who provide legal/advice services but who do not have professional legal qualifications. It examines how regulation of legal services providers is changing. It notes new forms of legal practice. It also considers how use of artificial intelligence may change the ways in which legal services are delivered. It reflects on the adjudicators and other dispute resolvers who play a significant role in the working of the legal system. It reflects on the contribution to legal education made by law teachers, in universities and in private colleges, to the formation of the legal profession and to the practice of the law.


2020 ◽  
Vol 27 (3) ◽  
pp. 5-32
Author(s):  
Mary Anne Noone

It’s a great privilege to deliver this year’s Susan Campbell Oration. I, like many others, had the pleasure of working with Sue on a range of activities. In 2007, Sue conducted a review of the La Trobe Law School Clinical program which was instrumental in helping ensure the program remained an integral aspect of the La Trobe University law course. I hope what I have to say honours Sue’s memory and her contributions to legal education and clinical legal education in particular2.  My focus in this presentation is on how Australian clinical legal education responds to the various innovations and disruptions occurring in the legal arena. The scope and breadth of innovations is mindboggling. There are many predictions about what the future holds for the legal profession, from gloom and doom to utopia, and there is a growing body of literature discussing the implications for the legal profession and legal education. In reality, it is impossible to envisage what the legal world will look like in ten years let alone thirty and that poses a real challenge for those involved in legal education, including clinical legal education. How best to prepare today’s students for the unknown future?  Given that I have no expertise in digital technology and am certainly not a futurologist my comments relate to those areas about which I have some background: access to justice, social security and clinical legal education.  I briefly outline the variety and scope of innovations occurring in the legal world, discuss two related aspects namely access to justice and government decision making, using the example of Robodebt, and then examine the potential for clinical legal education in these disruptive times. I argue that clinical legal education is well placed to take a more central role in Australian law schools and the training of 21st century legal workers. 


2015 ◽  
Vol 22 (3) ◽  
pp. 334 ◽  
Author(s):  
Ann Thanaraj ◽  
Michael Sales

<p>This practice paper offers a modest proposition that could make law graduates more capable of serving their clients in a modernised and efficient manner. We propose that in addition to law clinics and other forms of experiential activities, law schools could add a new type of clinical component to their curriculum that teaches students to use technology to assist in the delivery of legal services. Digital lawyering skills will help law students learn core competencies needed in an increasingly technological profession, and it may help close the gap between offering access to justice by making legal services available online in the most accessible and convenient way possible and in equipping law graduates with a modernised and digital legal education. </p>


2013 ◽  
Vol 31 (2) ◽  
pp. 121 ◽  
Author(s):  
David Wiseman

The process for licensing new lawyers in Ontario is in the midst of significant change following the Law Society of Upper Canada’s approval of a recommendation by it’s Articling Task Force to introduce of a 3-year pilot project that will provide a program of practical legal training as an alternative to articling.  This article describes and critically analyzes these changes and the process that led to them in relation to three aspects of access to justice: access to the legal profession, access to legal services, and access to legal governance.  The analysis reveals numerous shortcomings that provide lessons that could be applied to the proposal for evaluating the pilot project as well as to the Law Society’s recently announced initiative to overhaul its institutional approach to access to justice. Le processus d’accès à la profession qui s’applique aux nouveaux avocats en Ontario fait actuellement l’objet de changements importants. Le Barreau du Haut-Canada a approuvé un projet pilote de trois ans recommandé par son Groupe de travail sur le stage, dans le cadre duquel il sera possible de suivre un programme de pratique du droit plutôt que de faire un stage. Le présent article décrit et analyse de façon critique ces changements – ainsi que le processus ayant mené aux changements – par rapport à trois aspects de l’accès à la justice : l’accès à la profession juridique, l’accès aux services juridiques et l’accès à la gouvernance juridique. L’analyse fait ressortir de nombreuses lacunes qui pourraient servir de leçons à appliquer à la proposition d’évaluation du projet pilote ainsi qu’à l’initiative récemment annoncée du Barreau visant à réviser son approche institutionnelle à l’accès à la justice.


2016 ◽  
Vol 23 (5) ◽  
pp. 107
Author(s):  
Yohana Ouma ◽  
Esther Chege

<p>Despite the existence of law schools in Kenya, there has been a low uptake of clinical legal education generally and the setting up of law clinics in particular. Given the critical role that law clinics play in clinical legal education, the lack of well-established law clinics has negative implications of clinical legal education as well as the role that law schools, through law clinics, play in promoting access to justice. While the various law schools in Kenya undertake various activities that ideally fall under a law clinic, there has been a lack of institutionalization of law clinics. This has in turn limited the scope end effectiveness of the law clinics both in terms of their efforts to promote access to justice and clinical legal education. The paper argues that in order for this to be rectified, there is need to institutionalise law clinics within the various law schools in the country. Only then will they be more effective in promoting access to justice as well as clinical legal education. </p>


2021 ◽  
pp. 255-290
Author(s):  
Martin Partington

This chapter discusses the role both of those professionally qualified to practise law—solicitors and barristers—and of other groups who provide legal/advice services but who do not have professional legal qualifications. It examines how regulation of legal services providers is changing and the objects of regulations. It notes the development of new forms of legal practice. It also considers how the use of artificial intelligence may change the ways in which legal services are delivered. The chapter reflects on the adjudicators and other dispute resolvers who play a significant role in the working of the legal system, and on the contribution to legal education made by law teachers, in universities and in private colleges, to the formation of the legal profession and to the practice of the law.


Author(s):  
Martin Partington

This chapter discusses the role both of those professionally qualified to practise law—solicitors and barristers—and of other groups who provide legal/advice services but who do not have professional legal qualifications. It examines how regulation of legal services providers is changing and the objects of regulations. It notes the development of new forms of legal practice. It also considers how the use of artificial intelligence may change the ways in which legal services are delivered. The chapter reflects on the adjudicators and other dispute resolvers who play a significant role in the working of the legal system, and on the contribution to legal education made by law teachers, in universities and in private colleges, to the formation of the legal profession and to the practice of the law.


2019 ◽  
Vol 26 (3) ◽  
pp. 3-24
Author(s):  
Laura Bugatti

The legal profession is facing a new working environment marked by increasing globalisation, competition, technological advances and deregulation. Furthermore, the economic perspective imposed by the European Union – which leads us to consider lawyers as business as well as professionals – is having a profound impact on national regulations. Nobody would doubt that the intellectual professions have experienced a deep transformation whereas competition rules – originally addressing more traditionally commercial ventures – have begun to penetrate in this different area. In this time of changes, the ‘qualitative entry restrictions’ – taking the form of minimum periods of education (and related educational standards), post-university vocational training and professional examinations – are maintaining a key role: ensuring that only practitioners with appropriate qualifications and competence can supply their legal services in the internal market.The first part of this paper is devoted to analysis of the evolution and changes involving legal education in European countries, adopting a comparative and historical perspective. Member states have the right to regulate professional services, and they have the primary responsibility of defining the framework in which professionals operate; therefore, regulation of legal education is, first and foremost, a national matter. Nevertheless, a historical overview of the different systems shows that even if the starting points of the different traditions are very distant, sometimes even opposite, there are some common trends in the evolution that are going to create a harmonization in the field of legal education. In particular, every system is going to create a pathway to enter in the legal profession that ensures both academic studies and professional training, combining the theoretical knowledge with practical aspects.The second part of the paper focuses on the new role embraced by the law schools, arguing that the new mission of law schools is, at least in part, to contribute to the creation of legal practitioners. In fact, it seems that the division between exclusively academic theoretical study and post-university vocational training is today unsustainable. Considering the law schools’ new obligation to create both ‘theoretic and practical’ scholarship and the consequent shift towards more skills-based legal education, the second part of the paper will be devoted, in particular, to the analysis of the fundamental role that clinical legal education should play in this process of reform.


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