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ALTA Newsletter OCTOBER 2011

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ALTA Newsletter OCTOBER 2011 EDITION TWO ALTA Newsletter OCTOBER 2011 This newsletter is being written during a brief visit to the United Kingdom, where I am visiting a law school with similar teaching and research interests to my home university. It is one of the privileges of being an academic that we are members of an international community of scholars through our teaching and research. When we visit another university in our region or even further afield, so much is the same – the reassuring familiarity of a law library, the complexity of university IT help systems, the learning needs of our students, the paucity of research time and the collegiality of academics. To visit a university at another jurisdiction – for example to research or study or while attending the ALTA Annual Conference – is an opportunity for staff development – and something to consider planning for, as personal and institutional circumstances permit. One insight that I have gained while overseas is that that Australia is not alone in undergoing a review of legal education. There is a Legal Education and Training Review under way in England and Wales. It is a joint project of the Solicitors Regulation Authority, the Bar Standards Board and the Institute of Legal Executives Professional Standards. The Review plans to publish its final recommendations in December 2012. As their web site (http://letr.org.uk) advises, the review ―constitutes a fundamental, evidence- based review of education and training requirements across regulated and non-regulated legal services in England and Wales.‖ It is responding to an ‗unprecedented degree of change in the legal services sector and is intended to ensure that ‗the future system of legal education and training will be effective and efficient in preparing legal services providers to meet the needs of consumers‘. The use of terms such as ‗legal services providers‘ and ‗consumers‘ shows that dynamic issues around regulation of the legal profession are also not unique to Australia. In fact, I found the following flag on the Solicitors Regulation Authority web site (http:// www.sra.org.auk) fascinating - ―11 days to go before outcomes-focused regulation‖ - but paucity of research time has not permitted me to explore further! Meanwhile, some interesting recent statistics on the review web site about legal education and the legal profession in England and Wales include the following: In 2009 there were 29,211 applicants to study for a first degree in law in England and Wales; slightly over two-thirds of these were accepted; 13,433 students graduated with Qualifying Law Degrees in the summer of 2009; Over half (56.6%) of the Qualifying Law Degree graduates in 2009 received first or upper second class degrees; In 2009/2010, 11,370 full time and 3,140 part-time Legal Practice Course places were available; There were 4,874 new solicitors training contracts registered in 2009/10, a decrease of 16% on the previous year; Australasian Law Teachers Association – ABN 99 015-138-294 ISSN 1833-3052 ALTA Newsletter 460 ‗First Six‘ pupillages (barrister‘s equivalent to a solicitor‘s training contract) were registered in 2009/10, a decrease of 0.6%; 1,432 students had passed the Bar Professional Training Course in 2008/09; and In 2009/10 there were 117,862 solicitors and 15,270 barristers in practice, together with some 22,000 trainee and practising legal executives in England and Wales. Following the Australian Learning and Teaching Council‘s Discipline Scholar Project looking at the Threshold Learning Outcomes for an Australian Bachelor of Laws (and ongoing work on the Juris Doctor), it is interesting to see the research questions being examined by the Review: 1. What are the skills/knowledge/experience currently required by the legal services sector? 2. What skills/knowledge/experience will be required by the legal services sector in 2020? 3. What kind of legal education and training (LET) system(s) will deliver the regulatory objectives of the Legal Services Act? 4. What kind of LET system (s) will promote flexibility, social mobility and diversity? 5. What will be required to ensure the responsiveness of the LET system to emerging needs? 6. What scope is there to move towards sector-wide outcomes/activity-based regulation? 7. What need is there (if any) for extension of regulation to currently non-regulated groups? All of this leads on to some comments on the July ALTA Annual Conference held in Brisbane and the observation that the topic (the complex and changing regulatory environment in which we operate) chosen by the host university QUT proved to be very timely - also, to note that the University of Sydney‘s 2012 conference theme around a Global Community, resonates well with the times. Some of the questions underpinning the LET Review were reflected in the 2011 ALTA Conference key note sessions on the first day. I refer not only to the inspiring and amusing address by the Chief Justice of Australia, extracts from which are reported on by Scott Kiel-Chisholm (QUT) later in the newsletter - but also to Australia‘s Law Admissions Consultative Committee (LACC) Discussion Paper on Reconciling Academic Requirements and Threshold Learning Outcomes outlined by his Honour Justice Byrne of the Queensland Supreme Court and Acting Chair of LACC. (This paper is accessible via http://www.lawcouncil.asn.au/lacc/documents/discussion_papers.cfm). Justice Raynor Asher of the High Court of New Zealand also presented a paper outlining themes in New Zealand legal education for the purposes of professional practice. (A summary of Justice Asher‘s paper is included later in the newsletter and the full paper is available on the ALRS site via http://www.austlii.edu.au/au/journals/ALRS/). On the second day key, Dr Carol Nicoll, Chief Executive Officer of the Australian Learning and Teaching Council, provided a personal perspective on legal education, having studied a Bachelor of Laws as one of her undergraduate degrees. She then went on to provide a lucid overview of the dynamic environment for tertiary education in Australia. Since the conference, it has been announced that Dr Nicoll has been appointed to be the first Chief Commissioner of the federal Tertiary Education Quality and Standards Agency (TEQSA). Chair of the ALTC Board, Professor John Hay AC, stated at the time that Dr Nicoll ―has already won the respect of the sector and I have no doubt that she will continue to act with intelligence, fairness and diplomacy in her new role as Chief Commissioner of TEQSA.‖ Having heard her address at ALTA and appreciating something of the extent of work that was achieved during her leadership of ALTC, I can only agree. Next Professor Margaret Sheil, Chief Executive Officer of the Australian Research Council, spoke about the challenging environment in which Australian law academics now operate whereby the quality of members‘ research outputs is assessed under the Excellence in Research for Australia (ERA) initiative. (This is something that New Zealand members have been coping with since 2003 under their Performance-Based Research Fund.) While it is a relief that the ARC‘s explicit ranking of journals has been abandoned, I am still concerned that there will be an implicit ranking by university research hierarchies and research quality assessors and that as a result, much excellent research with real community and professional impact carried on by law academics will not be acknowledged appropriately. Thus as a discipline we must still be vigilant that research and scholarship which is disseminated through professional channels and which is well regarded by the judiciary, practitioners and law reformers is still valued. On the final day, Professor Sally Kift and Professor Richard Johnstone provided valuable insights as members of the academy on current issues including building a culture that assures legal and education standards in teaching and in research. Their commentary was a useful reflection on topics raised during the course of the conference and encouraged us to think about the implications for us each as individuals and as members of our own schools once we returned to our universities. Edition Two 2011 2 ALTA Newsletter In order to coincide with the conference, the Australian Academy of Law held a seminar on Trends in Legal Education for Practice: Competing Tensions. This provided an additional opportunity for the local legal community to benefit from the presence of academics and to open up channel of communication around recent developments in legal education. During the conference, the Executive held its meeting and has prioritised the redevelopment of the web site as well as exploring additional avenues for communicating with and between members. ALTA appreciates the importance of individuals interacting in person – hence the recently ALTA School Representatives appointed within institutions that are ALTA members – and the Annual Conference. However, we also acknowledge that people are interacting through a range of new technologies – and Kate Galloway, who has kindly contributed a piece to this newsletter, has also provided the following additional resource on the 2011 ALTA Conference: Having tweeted the conference, Kate collected her tweets and those of others and storified them - as a sort of narrative of the conference that others can look over and see what was happening. These links can be found at: http://storify.com/katgallow/australasian-law-teachers-association-conference-2 http://storify.com/katgallow/alta-conference-2011-day-3 http://storify.com/katgallow/alta-conference-2011-day-2 Thank you to the members of the General Executive who have contributed so well during the 2010-2011 term and for their willingness to continue to serve in 2011-2012. Welcome back also to Professor Michael Adams who has been appointed ALRS Editor following Associate Professor Terry Hutchinson‘s secondment to the Queensland Law Reform Commission.
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