‘Tell me what you want, what you really, really want’: spicing up legal education in Scotland

Abstract

In 1999 the Law Society of Scotland was concerned that the existing assessment of trainee solicitors might not be sufficiently rigorous to ensure that all those completing the academic, vocational and trainee stages were fit to practise and commissioned an investigation into possible alternative additional measures to assess competence. After much deliberation over alternative assessments a Test of Professional Competence was devised but after running a pilot and receiving detailed feedback it was decided not to procced with the test at that time. In 2006 the Law Society of Scotland launched its biggest ever consultation exercise on the training and standards in the profession. Over a three month period the profession, students, and the general public were invited to comment on a range of suggestions which amounted to a root and branch review. Over 15,000 invitations to contribute were sent out and there was a huge amount of information contained in the responses which were analysed and fed into a working party. This paper discusses the implications of the consultation exercises both in terms of their possible impact on the shape and direction of training tomorrow’s solicitors and also how the Law Society addresses the competing views of the different stake holders.

Keywords:

• legal training
• professional requirements
• consultation

Notes

1. Quoted in Paul Gibbons ‘The Political Process of Change.’ www.paulgibbons.net/publications/organisationalpsychology/political-process-of-change.php (accessed 24 February 2008).

2. Ibid.

3. Campbell, L. (2005), ‘Vocational Legal Education in Scotland: A Model of Partnership in Action,’ opening address presented to Vocational Teachers Forum IV, University of Warwick, 8 January 2005. Available at www.ukcle.ac.uk/resources/vtf/campbell.html (accessed 24 February 2008).

4. Originally identified by Bruner, J. (1960), The Process of Education (1st ed.) (1977 – 2nd ed.), Cambridge, MA: Harvard University Press, but the subject of much development by many authors since: for an interesting perspective in the context of design and science see Rusbult, C. ‘A Problem‐solving Approach to Effective Curriculum Design in “Thinking Skills” Education.’ www.asa3.org/ASA/education/think/education.htm (accessed 24 February 2008).

5. Office of Fair Trading Press release 154/03 ‘Scottish Property Centre Changes Rules.’ www.oft.gov.uk/news/press/2003/pn154-03 (accessed 24 February 2008).

6. Morgenbesser v Consiglio Dell’Ordine degli Avvocati di Genova (C313/01) [2003] ECR I‐13467.

7. For a different view of how these pressures operate see Blake, S. (2006), ‘Legal Professional Education in Wonderland,’ Paper presented at the fifth Vocational Teachers Forum, University of Warwick, January 2006. www.ukcle.ac.uk/resources/vtf/blake.html (accessed 24 February 2008).

8. The Society’s online journal flagged up the forthcoming consultation document in January 2008, explaining the background of those who took the leads in the various projects. www.journalonline.co.uk/article/1004894.aspx (accessed 24 February 2008).

9. At the time of writing this could be downloaded at www.lawscot.org.uk/training/consult/dfg.aspx but responses had to be submitted by 24 March 2008 so access is not available after this date.