The CPLE is a community of legal educators, researchers, practitioners and administrators who collaborate in defining, understanding and promoting best practice in the teaching of law.
On 1-3 October 2020, the Centre for Professional Legal Education proudly hosted the very first Professional Legal Education conference. The plenary presentations and individual Livestream presentations were delivered entirely online and watched live by an audience of 200+ attendees from across Australia and around the world. The goal of the conference was to take steps toward harmonising legal education by bringing together law teachers, legal scholars, legal practitioners, law societies, regulators, and others to engage in discussions about how law is taught in Australia and elsewhere, and in that regard the conference was a success. All of the feedback we have received has been extremely positive, and we are delighted by the level of collegial engagement with the conference from across both the academy and the profession in Australia and internationally.
We are very pleased to announce that recordings of the plenary presentations and most of the individual Livestream presentations are now freely available via the CPLE website.
Whether or not you were able to attend the Conference, you can now access recordings of a wide array of accomplished legal educators, experienced legal practitioners and esteemed legal scholars speaking on a variety of engaging topics.
The Plenary Debate about the topic ‘‘You had one job!’: Law schools are failing at preparing graduates for practice’ with Luke Murphy (President, QLS), Ann-Maree David (Executive Director, College of Law) and Matthew Roach (Director, Parampara) for the affirmative and Assistant Professor Tanya Atwill (Director, Bond GDLP Program), Professor Sally Kift (President, Australian Learning and Teaching Fellows) and Michael Lavarch (former Dean of Law, QUT) for the negative.
The Plenary Panel discussion of the topic ‘Is legal education in Australia over-regulated or under-regulated?’ by Emeritus Professor Sandford Clark (Former Chair, LACC), Professor Lesley Hitchens (Chair, CALD), Professor Alex Steel (Director Teaching Strategy, UNSW), Associate Professor Kate Galloway (Editor-in-Chief, Legal Education Review) and Professor Caroline Strevens (Academy Chair, Association of Law Teachers (UK))
Kylie Fletcher, Assistant Professor, Bond University
Law students are likely experiencing many challenges at the moment. They or their loved ones might be suffering from COVID19 or they might be in a high-risk demographic or location. They may be recently unemployed or stranded far from support networks. They may have new responsibilities as they care for or home school family members. There is little doubt that these experiences have significant potential to affect their mental wellbeing. I am also mindful of the less obvious influences on mental wellbeing. Many of these have been discussed in the media over the past few months. Among others, there is the anxiety caused by the uncertainty surrounding the COVID19 pandemic (Bowden, 2020), and the effects of lockdown isolation (Landowski, 2020). Naturally, I am wondering what I can do to assist my students during my next teaching semester.
Law students report higher degrees of psychological distress than the wider population (Kelk, Luscombe, Medlow & Hickie, 2009). Of course, this distress will likely be exacerbated by COVID19 and the necessary but hasty transition to an online learning environment. The results of a study of students at an Australian university demonstrates that many students believe that approaches to learning and teaching contribute to their mental wellbeing (Baik, Larcombe & Brooker, 2019). While I may not be able to manage the impacts of COVID19 or avoid the transition to online teaching, I can support my students by reducing, within reason, subject-related anxieties (Baik et al, 2017). This approach is informed by the scholarship in the field, including the recommendations outlined in Enhancing Student Mental Wellbeing: A Handbook for Academic Educators (Baik et al, 2017). Following are a handful of the more practical measures that I am considering:
Increasing subject organisation: Baik et al recommend that academics consider subject organisation in order to better contribute to student learning and foster mental wellbeing (Baik et al, 2017). I am considering how I might further organise my subject and tailor it to the online environment. This might be achieved by, for example, coordinating with my colleagues to ensure a more consistent user experience across subjects, organising content into smaller more digestible parts, providing earlier access to tasks and assessments, offering additional resources that emphasise hierarchies and relationships, orientating students to their new online learning environment by explaining the differences that they can expect to encounter and utilising online organisers such as class calendars, online booking systems, check lists and electronic reading lists.
Being clearer about my expectations: Students report that clarity surrounding expectations impacts their wellbeing (Baik, Larcombe and Brooker, 2019). A student will feel more content learning in an environment where expectations are made clear.These rapidly changing circumstances provide me with an opportunity to revise my subject learning outcomes and rubrics to ensure that they are appropriately transparent. I will also ensure that they are suited to an online learning environment. While I believe that I already do so, I intend to focus on providing clear explanations of content, tasks and assessments. Further, I hope to provide additional examples, exemplars and feedback opportunities.
Maintaining availability: Student concerns may be more readily addressed when academics are available to discuss those concerns. At the very least, most academics will maintain their current office hours in an online environment. I know many colleagues who are planning to host individual consultations that will run alongside more casual online group drop-in sessions. Of course, it is also important to considerhow one might accommodate the more organic and spontaneous learning needs of students. Students will still have those ‘seize the moment’ style questions that are typically asked during breaks and after class. Where students are happy to raise them for the benefit of or in front of the class, I can accommodate these questions through synchronous chat functions or on class discussion boards. For quick one-on-one questions, the ‘chat’ function in Microsoft Teams (or similar) might prove useful.
Ensuring access to resources: Prior to the COVID19 restrictions, many of my students purchased physical textbooks or visited the library to access hard copies. This may still be possible for some. However, it presents a particular difficulty for those studying from overseas. Needless to say, one solution to this problem is to include eBook resources in the list of prescribed resources. However, I am mindful that some of my students may be living on reduced incomes and may not be able to afford to purchase these resources. Library eBook subscriptions might bridge this gap. However, this will be monitored. The Information Resources Team at Bond Universitymonitors the use of online library resources to identify ‘in demand’ resources to inform purchasing decisions. Further, I will investigate the licencing arrangements of prescribed eBooks to ensure that they are available outside Australia. In certain circumstances, I might also provide students with a range of alterative options that include open access resources or digitised resources from published works in accordance with statutory licence allowances.
Reconsidering workload and assessment: Student wellbeing may be affected when academics misjudge student workload (Council of Australian Law Deans, 2013). These new circumstances provide me with an opportunity to consider the appropriateness of subject and assessment workloads. In particular, I am wary of the additional workload that might come with studying in an online environment. For example, it may be more time consuming for my students to compile a video than to present in person. I will also reflect on the nature of my assessments. High-stakes examinations tend to be a particular stressor for students (Baik et al, 2017). I am considering how I might reduce the weight of my final examination. Of course, this must be done in a way that retains academic rigor and will likely dictate other adjustments. One potential solution is to reduce the weighting of my end-of-semester examination by including a mid-semester examination. However, I am also mindful that promoting student autonomy may positively influence student wellbeing (Sheldon and Kreiger, 2007; Council of Australian Law Deans, 2013). Last semester, a number of my students vocalised a preference for my traditional assessments. Consequently, it may be useful if I present any variation as an option. So, instead of mandating it, students might be able to elect to participate in a mid-semester examination.
Assisting students to develop competence: Baik et al recommend that we support students’ mental wellbeing by assisting them to develop competence (Baik et al, 2017). Like most academics, in order to support the development of competence, I plan for generative learning. I do this by intentionally using existing knowledge and skills to introduce new knowledge and skills. Additionally, I adjust the guidance provided so that it is increased and decreased at the appropriate times. I also provide numerous practice and feedback opportunities. These strategies may need to be reconsidered in order to accommodate the additional cognitive load that comes with adjusting to new circumstances. Unfortunately, it is unlikely that I will have the luxury of reducing the rate at which I introduce new skills and knowledge. However, I am considering reducing guidance more gradually and providing additional practice and feedback opportunities. I may also bring forward and extend my end-of-semester revision program for the benefit of those students who wish to take part. This might be done by dispersing voluntary revision opportunities throughout the semester. Finally, I will also support my students in developing online learning competence, including competence in the skills required to use and engage with the relevant technologies.
I hope that my plans are of assistance to my academic colleagues. There are, of course, numerous other strategies that may be used to promote student wellbeing. Many of these extend beyond reducing subject-related anxieties. For further information, academics may wish to consult the following resources:
Enhancing Student Mental Wellbeing: A Handbook for Academic Educators (Baik et al, 2017); and
Promoting Law Student Well-Being Good Practice Guidelines for Law Schools and the resources referred to within that document (Council of Australian Law Deans, 2013).
References
I would like to thank Professor Rachael Field for her comments and editorial suggestions. I would also like to thank our Library Services Manager, Ian Edwards, for the suggested wording used in the 4th practical measure.
Baik, C., Larcombe, W., & Brooker, A. (2019). How universities can enhance student mental wellbeing: The student perspective. Higher Education Research & Development, 38(4), 674–687.
Kelk, N., Luscombe, G., Medlow, S. & Hickie, I. (2009). Courting the blues: Attitudes towards depression in Australian law students and lawyers. Brain & Mind Research Institute, University of Sydney.
Sheldon, K., & Krieger, L. (2007). Understanding the Negative Effects of Legal Education on Law Students: A Longitudinal Test of Self-Determination Theory. Personality and Social Psychology Bulletin, 33(6), 883–897.
Now more than ever it’s important that we maintain our own well-being. Much is being asked of us as legal educators. Our students are needing our support and we need to have capacity to be responsive to them – not only in terms of their learning as we move to online approaches, but also just generally. We are having to be adaptive and agile in adopting new ways of being legal academics.
Try to maintain perspective: While it is reasonable for people to be concerned about the outbreak of coronavirus, try to remember that medical, scientific and public health experts around the world are working hard to contain the virus, treat those affected and develop a vaccine as quickly as possible.
Find a healthy balance in relation to media coverage: Being exposed to large volumes of negative information can heighten feelings of anxiety. While it’s important to stay informed, you may find it useful to limit your media intake if it is upsetting you or your family.
Access good quality information: It’s important to get accurate information from credible sources such as those listed below. This will also help you maintain perspective and feel more in control.
Health Direct – Coronavirus (COVID-19): Health Direct have also developed a COVID-19 Symptom Checker – an online, self-guided tool to help people find out if they need to seek medical help. You can access this tool by clicking on the button below.
Try to maintain a practical and calm approach: Widespread panic can complicate efforts to manage the outbreak effectively. Do your best to stay calm and follow official advice, particularly around observing good hygiene habits. The Australian Psychological Society has advice about maintaining positive mental health during the outbreak.
Try not to make assumptions: To contribute to a sense of community wellbeing, try to remember that the coronavirus can affect anyone regardless of their nationality or ethnicity and remember that those with the disease have not done anything wrong.
Managing your mental health while in self-isolation or quarantine: There are a number of ways to support your mental health during periods of self-isolation or quarantine.
Remind yourself that this is a temporary period of isolation to slow the spread of the virus.
Remember that your effort is helping others in the community avoid contracting the virus.
Stay connected with friends, family and colleagues via email, social media, video conferencing or telephone.
Engage in healthy activities that you enjoy and find relaxing.
Keep regular sleep routines and eat healthy foods.
Try to maintain physical activity.
Establish routines as best possible and try to view this period as a new experience that can bring health benefits.
For those working from home, try to maintain a healthy balance by allocating specific work hours, taking regular breaks and, if possible, establishing a dedicated work-space.
Avoid news and social media if you find it distressing.
Support for those experiencing financial hardship: As the ongoing spread of the coronavirus continues to affect the global economy, many people in Australia are losing jobs, livelihoods and financial stability. For information and services provided by the Australian government, please visit Services Australia. If you are experiencing financial hardship, National Debt Helpline offers free financial counselling.
Seek support: It’s normal to feel overwhelmed or stressed by news of the outbreak. We encourage people who have experienced mental health issues in the past to:
activate your support network
acknowledge feelings of distress
seek professional support early if you’re having difficulties.
For those already managing mental health issues, continue with your treatment plan and monitor for any new symptoms.
Beyond Blue has fact sheets about anxiety and offers other practical advice and resources at beyondblue.org.au.
The Beyond Blue Support Service also offers short term counselling and referrals by phone and webchat on 1300 22 4636.
Right now, teachers across Australia and around the world are working hard to navigate the transition from traditional modes of delivery to new modes of delivery including online, distance, and multi-modal. Law teachers are certainly not exempt from having to make this transition, and for many of us, our loyalty to traditional teaching methods is making the transition particularly challenging. Moving to new methods of delivery requires more than learning how to use the tools, although that itself can be a significant challenge. It requires a willingness and an ability to reconsider some of our most deeply held assumptions about what it means to teach law effectively. Many of us have tended to take for granted our ability to stand in front of a class and talk to them for a few hours a week about the subject content, and then spend time with our students in smaller groups, in tutorials, discussing the content, using it to solve problems, clarifying our students’ misperceptions, and evaluating our students’ learning. We can of course continue to do these things in a virtual environment, but the challenge associated with replicating the ‘real’ world environments is forcing us to ask ourselves: how can I best facilitate my students learning what I need them to learn, and how can I best assess whether or not my students have achieved the learning objectives I have set for them?
Fortunately, some of our colleagues have been using technology enabled teaching methods for years. And these pioneers have recently been demonstrating extraordinary generosity in sharing their expertise with the rest of us. The CPLE has formed a community of practice and gathered together some examples of this generosity on the front page of its site here. These examples include the following:
Kate Galloway (Griffith University) explains that we need to ‘fix our own masks before assisting others’. She reassures us that it’s okay for us not to know what we are doing, and that it’s often best to keep it simple: we don’t need to immediately master the technologies, we just need to do the minimum necessary to communicate with our students remotely and deliver the content effectively.
Zachary Herrmann (University of Pennsylvania) has drawn upon his experience with online instruction to prepare a list of practical tips, including emphasising the importance of paying attention to our students’ emotional health: we should be mindful of the fact that many of our students will be concerned about their health and that of their loved ones, dealing with financial or housing problems, or simply struggling to cope with the unfolding crisis. Take the time to connect with each student individually, if possible, and check to see how they are doing.
Kylie Fletcher (CPLE, Bond University) has shared a simple but effective FAQ that she has provided to her student in response to many of the questions they are seeking answers to.
Wiley has generously shared a suite of online resources exploring such topics as locating good quality open access learning resources, developing authentic assessment for the online classroom, and facilitating critical thinking by students in online environments.
These resources are periodically supplemented by other resources as they come to hand. It is likely that you also have resources and support provided by the learning and teaching teams at your own universities.
Finally, while we are all taking the time to develop our teaching skills and learning new teaching techniques, it is worthwhile upgrading our knowledge of the fundamentals of legal education, its history, contexts and contemporary challenges. The CPLE has made available a suite of six online modules on The Foundations of Legal Education that can be accessed, free of charge, here.
Good luck on your learning journey, and stay healthy.
The Centre for Professional Legal Education 