A proposed shake-up of the practical legal training program could bring major changes to law degrees. While some NSW universities were open to it, others have already considered and dismissed it.
Seeking to make the practical legal training system cost-effective and fit for purpose, a working group led by the NSW Legal Practice Admission Board (LPAB) and presiding member Justice Anthony Payne made a significant recommendation for change.
In addition to shorter-term alterations – such as reducing the work experience component from 75 to 15 days – the working group said law schools should be required to “embed identified practical skills and assessments throughout their accredited law degrees”.
The group’s recently released discussion paper also called for courses addressing the Priestley 11 requirements of ethics and professional responsibility to be undertaken in the final years of a law degree, so it is closer to the time students will commence practice.
“If specified skills were incorporated into law degrees systematically and intentionally, a short PLT program … might be all that is required prior to admission for students who have completed a law degree with that feature,” the working group said.
This is already the case with the University of Newcastle’s Graduate Diploma of Legal Practice course, which covers a variety of practice areas, focuses on advanced aspects of legal transactions, and allows for work experience through its own legal centre.
The University of NSW (UNSW) requires students to complete 40 days of work experience in a legal workplace, and at least 25 of those can be accrued up to two years prior to PLT.
At the University of Technology Sydney (UTS), undergraduate students can take PLT within their bachelor of laws by selecting some of the courses as electives. Postgraduates can also choose to combine the required skills with their juris doctor degree.
As part of the discussion paper, Justice Payne and a judicial member of the LPAB met with representatives of the remaining universities.
Here is what they had to say:
Australian Catholic University
A representative with the Australian Catholic University (ACU) said a law degree would be the “logical place” to locate some of the curriculum currently presented in PLT, “so that doctrinal rules and practical skills are studied at or near the same time”.
However, they noted there is a current lack of communication between law schools and current PLT providers, which would be needed for practical and theoretical content to be covered together.
As it stands, ACU students are required to complete at least 80 hours of volunteer work at a community legal centre as part of its Community Legal Engagement Pro Bono course.
As for legal ethics, the university said it is generally completed in the penultimate year of a five-year double degree, or the final year of a three-year graduate entry LLB or four-year undergraduate entry LLB.
Charles Sturt University
Charles Sturt University (SCU) said it was interested in the “potential to provide PLT and is focused on training regional lawyers”.
At the moment, the university offers practical content to students, including an oral bail application, a letter of advice and legal memorandum, written responses based on detailed legal scenarios, and various opportunities for interactive role playing.
Students are also able to complete an internship at community legal centres in Macquarie or Bathurst. Those completing a bachelor of community justice can obtain credit for their internship.
Macquarie University
A representative of Macquarie University said it is currently restructuring its law degree and is open to reviewing the placement of its Priestley 11 and other practical content.
With students more motivated to understand the link between theory and practice, the representatives said law schools have responded by taking a “practical approach in their law degrees”.
Currently, students are required to complete a professional and community engagement course, which can either take the form of an 80-hour placement with a supervised lawyer, or placement with an external partner such as the NSW Land and Environment Court.
The third-year unit on civil and criminal procedure also provides for practical-based tasks that reflect what graduates might be doing.
University of Notre Dame Australia
Professor David Carter, Notre Dame’s national head of school for law and business, said it would be valuable for students to gain experience working within the profession while completing a degree.
The university already has a mentoring program in place and a high percentage of students have engaged in casual work.
Looking ahead, Carter said Notre Dame could teach a two- to three-week course in legal skills “very easily given the former legal practitioners teaching in the school”. There may be a requirement for internal regulatory development for micro-credential courses.
Currently, the university offers practical assessments, such as drafting, problem scenarios, mock trials, and dispute resolution.
University of New England
While the University of New England (UNE) considered PLT, it has chosen not to “given resourcing, staffing and budgetary constraints”.
However, if it becomes a requirement and there is sufficient lead time, the UNE representative said it could introduce a face-to-face coverage of lawyers’ skills, including the ability to conduct a negotiation, letter writing skills, and the Solicitors’ Conduct Rules.
A major program review has been planned at the university, with the law school “very open” to including more practical content.
University of Southern Cross
The university did not consult with the LPAB, despite being given multiple opportunities to do so.
University of Sydney
In its consultation with the working group, the University of Sydney said there was “relatively little focus” on practical assessments that may meet the demands of PLT because there was an “expectation that students will receive the bulk of this training following graduation through formal courses of PLT and/or through on-the-job training”.
The university said students with the LLB and JD curricula have opportunities to build and demonstrate “soft skills” – such as communication and interpersonal skills to work within a team.
Students also have work-integrated elective options, including the opportunity to work within a clinic for a minimum of 70 hours and attend 20 hours of classes on social justice theory and issues.
University of Wollongong
The University of Wollongong was open to an integrated model but noted some concerns with the existing mandatory requirements to complete jurisprudence, internships and skill courses. With this workload, the university said it already offers fewer law electives.
A representative said the degree was already very practical, with students required to complete an unpaid 20-day internship, a 3,000-word reflective journal, assessments on the knowledge of ethics and equal opportunity, and admission and disclosure assessments.
If completed within two years, it can be credited towards PLT.
Western Sydney University
While Western Sydney University (WSU) said it was reviewing its curriculum to ensure the assessments were authentic, it has already chosen not to introduce a Graduate Diploma of Legal Practice.
WSU said it already focuses on having law students apply their knowledge in practical ways, such as by having criminal law students complete bail applications from retired magistrates and judges.
Its ethics course is completed early in the degree.
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
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