Finding the path

by Liz Campbell

Society's Director (Education and Training) reports on the December 2004 day conference on the Diploma and its outcome

The Journal, February 2005, page 22

---

The Society recently hosted a conference aimed at engaging senior Diploma tutors, trainees and other interested parties in debate as to the future development of the Diploma in Legal Practice. The conference had its genesis in research undertaken for the Society in the summer of 2003 into the perceptions of trainee solicitors and their trainers of the Diploma, focusing on which aspects meet the needs of the profession and which could be improved and how. The structure and content were also examined. The results of the research demonstrated support for the continuation of a Diploma, with desire for changes to structure and content. Seventy delegates, representing a range of interests and drawn from various parts of the country, attended the conference. All Diploma providers were represented, as were training firms, trainees and the Faculty of Advocates.

In the pre-conference publicity it was made clear that the Society had reached no policy decisions on the future of the Diploma and that the intention of the conference was to commence a fact finding and consultation exercise. Substantial amounts of the day were devoted to interactive workshop sessions and although presentations were made, much of the feedback from the day was based on the outcomes of workshops conducting SWOT analyses of the Diploma and considering potential ways forward.

Time for a fresh look

Conference participants were asked whether the Society should examine further:

• the curriculum/syllabus of the Diploma;
• defining a set of skills outcomes for the Diploma;
• a model based on a “core” and further “electives”;
• retaining the core materials in the current form;
• retaining the core materials, but in an amended format;
• issues of access and flexible learning in the Diploma;
• assessment at the Diploma stage;
• developing a portfolio for use in the Diploma or in the Diploma and traineeship.

To most questions participants responded with a “yes”; in the case of the curriculum/syllabus and defining skills outcomes, with an overwhelming “yes”. The one area where we received a negative answer was in relation to retaining the core materials in the current form. There were many common themes, one of which was a belief amongst participants that one of the Diploma’s key strengths is the involvement of the profession in its delivery. The need for coherence in the components of training for solicitors (through degree, Diploma, traineeship, Professional Competence Course and even, in the views of some, solicitors’ CPD requirements) was emphasised by many.

Following the conference, we consider that we have an indication, from the 70 people interested enough to give up a December Saturday, of the direction they wish to see the Diploma taking in the short to medium term future. While we acknowledge that this is not a mandate to develop in one particular direction, we do consider that there was enough of a consensus on key issues to provide a clear path to follow.

Next year, and beyond

Inevitably, the initial focus will be on revising Diploma materials for the 2005-06 academic year, a project which will be taken forward through the Diploma Co-ordinating Committee. It would, however, be missing an opportunity to concentrate only on short term “fixes”. The Society will be looking at defining a set of outcomes for the entire training process, culminating in a definition of the requirements for a newly qualified solicitor. This definition will map back into the components of the training and will lead to defined outcomes for all stages, including the Diploma.

The position as stated pre-conference remains: the Society has taken no policy stance on the future of the Diploma. The work on the outcomes of the training process will inform debate on the content and structure of the Diploma, and the status of core teaching materials. It is not intended that this debate be engaged in internally. The process will be stronger for our having sought the input of those we consider partners in the process, be they Diploma providers, tutors or the training profession, or, indeed, a wider audience.

We intend to report regularly on progress – at the Society’s AGM, through the pages of this Journal, the Society’s website and at a conference to be held in early June 2005. The consultation document “Lawyers of the Future”, which was issued last year and which remains on the Society’s website under the heading “Foundation Document”, is part of this process. If you have not already done so, I encourage you to consider its content.

As always, the views of all with an interest in the future of the profession are welcome. And we are talking about the future of the profession; education and training is key to what it is to be a profession. My thanks to all who participated so fully in the December conference; your contribution to date has been invaluable. It is often easier to criticise the efforts of others than to offer creative solutions.  Through engagement with those who are enthusiastic and committed to training the next generation, we will be able to move forward and I would encourage greater involvement with the Society in this process.

Liz Campbell, Director (Education and Training)

e: lizcampbell@lawscot.org.uk

Current Issue Features Braving the storm How different types of legal firm are coping with the current economic downturn, and how they see their future Civil justice: where next? An abridged version of the keynote address delivered to the conference on civil justice held in Edinburgh on 20 June Title Conditions Act: new registration procedures New procedures are in place for deeds intended to create new real burdens, to assist solicitors in complying with the requirement for dual registration Young lawyers reborn Interview with Scottish Young Lawyers Association President Maryam Labaki on SYLA's ambitions as it relaunches Shining some more light... Second part of overview of this year's Finance Act looks at the provisions on savings, pensions, residence/domicile and business taxes, among others Power to the tribunal? An advocate's and a solicitor's views of how the Scottish Government's proposed reforms to arbitration law might work in practice Piece by piece A progress report from England & Wales on the setting up of the complex regulatory machinery under the Legal Services Act 2007 The poor in our midst Interview with Scottish Solicitors' Benevolent Fund convener Craig Bennet, who aims to raise awareness of the Fund so it can provide more help to those in need Current Issue Articles Shifting sands President's message: with economic issues dominating the profession's thoughts, the Society is taking steps to provide advice and support to those in need A rank bad rule Opinion by two advocates that the Faculty's response to the OFT does its members a disservice by defending the cab rank rule and by resisting the use of ABS The Society's future role in complaints handling A reminder, in the light of reactions to the first levy issued on behalf of the new Complaints Commission, of when and how the Society's responsibilities are changing Appreciation: Lord Johnston Report of the tribute paid in court by the Lord President Professional Practice Committee New guidelines on acting as a company director; and document control and file tracking Facing the lean years Some advice on how to pull through a recession and be ready for the next upturn, as word goes round of legal firms looking at staff cuts and other measures (part 1 of 2) It's a web 2.0 world The interactive nature of web 2.0 technology presents business opportunities, while posing new risks for those with inadequate precautions as to employee internet use Questions, questions In reviewing their risk profiles and risk controls, all firms might benefit from conducting a self-assessment by addressing questions put by some insurers elsewhere Bare necessities Latest criminal cases, including offensive weapons; Moorov rule; withdrawal of representation; evidence of a deceased; contempt of court by solicitor Coming on the blind side A technical-sounding consultation, currently open for comments, covers some significant aspects of dispute resolution in employment Relocation, relocation A recent decision explores the matters to consider when one parent wants to relocate abroad along with their child Worse than the disease? Has the UK quietly outlawed "alternative" medicine through the Consumer Protection from Unfair Trading Regulations? Sleeping bounty The Scottish Community Foundation has a scheme to breathe new life into dormant charitable trusts Scottish Solicitors' Discipline Tribunal Reports relating to Eileen Agnes Coogans; Zosia Marion Elizabeth Fraser; Annaline Webster; Ian Samuel Gerard Donnelly; Mark David Sheppard Website reviews Reviews of sites of organisations concerned with domain name disputes Book reviews Review of Child and Family Law (Sutherland) Industry standard A survey south of the border suggests that in-house work in commerce and industry doesn't always match expectations - but most in-house lawyers expect to stay Meet the committee Profile of In-house Lawyers Group committee member Sara Scott What's in a motto? A sample of In-house Lawyers Group members' notarial mottoes, collected by ILG secretary Tricia Sim Leasing by example "Green leases" appear to be some way off yet for the UK, but a Canadian model now published shows how they might work Good call? Reply to article questioning the Donald Trump planning application call-in argues that the decision is both competent and consistent with proper operation of the system Home reports - the practice questions Open letter over reservations as to the Society's proposed guidelines on the operation of home reports, in so far as they deal with conflict of interest