Vision 20:20

by Liz Campbell, Neil Stevenson, Christine McLintock

The Education and Training Committee is starting to make major policy announcements in the wake of its survey, and solicitors need to be aware of what the future might hold

The Journal, June 2007, page 26

---

Many readers will have logged a response to the consultation on the future shape of education and training which ran between November 2006 and February 2007. From the planning stage onwards, we were aware that the “cradle to grave” approach we were taking meant that there was the potential for the consultation to become the largest research and evidence gathering exercise ever undertaken by the Law Society of Scotland. With the consultation being delivered by means of an online platform, awareness was on a truly international scale, with comments on the “leading edge” nature of it being received from as far afield as New Zealand.

Comprehensive engagement

And what of the results, you may ask? We are delighted to report that we received around 900 responses to the main questionnaire and some 200 responses to the detailed questionnaires – a much higher rate of response than we might have expected. Particularly heartening was 13 of the largest private practice providers of traineeship working together to submit a joint response on key issues. Between them these firms currently train around a third of Scotland’s solicitors, and their data were in addition to the figures mentioned above.

We also had a strong response from organisations such as the Scottish Consumer Council, allowing us, where appropriate, to address their concerns from the start. Our heartfelt thanks are due to all who took the time to share their views. This represents an unprecedented level of engagement with an education and training project in Scotland and we believe it represents a growing awareness that education and training issues are integral to the future of the profession.

Since the close of the consultation, we have undertaken detailed analysis of both the statistical response and of the extensive, well informed and constructive free text responses. The Education and Training Committee met in two full-day meetings to analyse the results, to consider the key themes emerging from the data and to start to develop policy positions on many key areas which will influence the final recommendations.

Framework approach

We have already been fielding the odd question asking whether anything is likely to change. Once final approval is gained, observers may not witness an immediate revolution, but the new policy will open up huge potential for change and the profession will undoubtedly witness evolutionary development of exciting new models in the coming years. We will be focusing on establishing a clear framework of exacting but meaningful standards to ensure the continuation and further development of a rigorous and respected route to qualification, founded on building a closer working relationship between the Council, the profession and key partners.

So what does this mean in practice? Clearly, the setting of standards is key to the future shape of education and training, as it is in so many facets of the Society’s remit. The Education and Training Committee is clear in its aim that the system should be a framework of standards in relation to content, assessment methods and accreditation.

Providers’ initiatives

It is entirely possible that, in future, the route to qualification may no longer be the “one size fits all” LLB, Diploma and traineeship we have all come to know. Having stated this, it is important to point out that the future is not about the Society setting up different schemes, but about us allowing providers to construct alternative routes within a framework that sets and monitors the standards to be attained. As a result students are presented with greater flexibility in their route to qualification and providers are offered the opportunity to innovate.

The debate on the purpose of the law degree – general “liberal arts” degree preparing for a variety of careers, or vocational course as part of a lawyer’s training – is likely to continue to run. We believe that it is possible to combine academic excellence with an outstanding preparation for practice. The Education and Training Committee favour more emphasis on a comparative dimension in the teaching and assessment of law, firmly rooting the Scottish position within the UK/EU/international law setting. We also believe that greater integration of the strands of law is desirable, relating the teaching more closely to how a client problem may present in a real life situation. The committee supports a more focused core to legal education, a core that will act as building blocks, with less focus on individual subjects and more emphasis on, for example, areas of law which pervade a range of practice.

Traineeship and CPD

The consultation results revealed strong support for authorisation of firms taking trainees, and for the requirement to have a training partner with the necessary skills and experience to supervise traineeships. It has long seemed anomalous that all stages of training except the in-office period were subject to some form of accreditation. Of course, it has also been acknowledged that it will be necessary to support firms through the process. The initial stages of any scheme of authorisation will see the drawing together of current requirements into a more consistent package, with a light touch move to authorisation.

While there was support in the consultation for the concepts discussed in relation to CPD, the committee has acknowledged the need for further in-depth exploration of the concepts, including the length of the CPD cycle, the issue of “credits” with different values for different CPD activities, accreditation of providers and particular CPD requirements for different careers stages. One thing is certain, however: the current approach to CPD is unlikely to continue.

Five pronged approach

The next stage of the process will involve the construction of detailed project plans for each of five agreed work streams:

• the content of the foundation programme (equivalent to the present LLB stage);
• an accreditation regime for the foundation programme;
• the content of the combined professional education and training stages (mapping to the present Diploma and traineeship);
• an accreditation regime for this stage; and
  
• a framework for continuing competence and ongoing development (in other words the structure of solicitors’ continuing professional development).

We intend to move forward swiftly with these projects and produce a “white paper” style document, setting out key policy considerations, the detail of proposals for each stage and a discussion of implementation work by the end of 2007.

Effective communication will be one of the keys to successful implementation. Arrangements are being made to meet with key stakeholders. We will update the website (www.lawscot.org.uk/training/consult) as projects progress. We are heading into an exciting and challenging time for education and training. We hope you share our enthusiasm and excitement. As ever, constructive views and feedback are welcome to the email addresses below.

Liz Campbell, Director (Education and Training): lizcampbell@lawscot.org.uk

Neil Stevenson, Deputy Director (Education and Training): neilstevenson@lawscot.org.uk

Christine McLintock, Convener, Education and Training Committee

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