In the global employment market it is essential that students are equipped to be

flexible adaptable and prepare to take responsibility for their own

‘lifelong learning’ and continuing professional development

As part of personal development plan(e.g. UKCLE project based on Pebble Pad portfolio,

linked to employment and employability)

Within the study of law examining values, value judgements, and professional conduct.

Ethical and moral duties generally? Are these the same as professional ones? Who determines the set of values ?

‘Reflection is an important human activity in which people recapture their experience, think about it, mull it over and evaluate it. It is this working with experience that is important in learning.’

Boud, Keogh and Walker (1985)

Three pieces of reflection:

Two compulsory:◦ Skills in practice◦ Law in action

One optional from:◦ Clinic and legal education◦ Justice and ethics◦ Clinic and your career◦ Clinic and public discourse

But how do you teach law students to become reflective practitioners?

What set of value judgements might this be based on ?

And how do you assess students reflections ? Should you assess them?

Structured approach – compulsory lectures on reflective practice, signposting to relevant learning materials

Holistic approach – integrating reflection into students day to day experience in clinic, engaging them in reflective activities

•The aspect of client work :•That has taken me by surprise•That is just what I was expecting

•“You have to laugh, don’t you.”•The worst thing that has happened so far•The funniest thing

The life of law is not logic but experience:

◦ Oliver Wendell Holmes

Imagine that you are travelling in a hot air balloon which is unable to sustain its height. To maintain height, you will need to let go of weights which are attached to the balloon.

These weights are represented by ten ethical principles or duties for lawyers. You will have to give up, firstly one of them, and eventually all of them.

  This means that you will need to rank the following lawyers’ duties in order, from 1 to 10, with No 1 as the most important duty and No 10 as the least important.  

Duty / Importance Rank ( 1 – 10) Reason(s) for rank

1. Be available to any client

2. Represent clients competently

3. Represent clients zealously

4. Charge reasonable fees   5. Assist in improving the legal system

6. Keep client confidentiality

7. Avoid any appearance of bias

8. Not discriminate against anyone   9. Always tell the truth

10. Disclose any weakness in your case to other side      

Diaries versus blogs/wikis – our experience so far

Obstacles identified by students

‘Law teachers may wish to reflect on (whether) and how we can develop learning programmes which encourage students to take responsibility for their choices, to choose (and articulate) moral values, to be aware of (and engage with) the unconscious and emotional aspects of ethical decision making as well as helping students to be aware of socialisation processes and pressures to conform, before, during and after law school.’

(Jones – ‘Teaching Legal Ethics in Context’)

Our Law Students find reflection a difficult concept – and can be sceptical - various different approaches needed

Still a work in progress – diaries and blogs to be reviewed following initial pilot

Purpose of reflection needs to be clear – to give feedback to tutor? To help the student’s learning? To show an understanding of professional duties ?

As distinct from moral values ? A social justice agenda?