Today on Law Today I continue the discussion of globalisation and its effect on legal education. Here, we delve into the ramifications of globalisation for lawyers, demonstrating the need for reformed legal education. I further discuss other challenges to the legal profession, and explain why education is chief amongst them.
What does globalisation require of lawyers?
In a 2015 post on their blog, ‘Academic Insights for the Thinking World’, Oxford University Press described the modern challenge globalisation poses to lawyers as ‘compulsory cosmopolitanism’. Such a description is entirely accurate; for many lawyers, there is little choice in embracing the international sphere. As the post articulates, this can be an uncomfortable and demanding process. Lawyers from different cultures and backgrounds will approach the various aspects of legal work differently, from procedural differences in practical tasks, to varying approaches to behaviour, attitudes and etiquette. For many, this will come as a shock. We are rarely aware of the extent to which our own customers and norms are entrenched, until we engage with those who differ. In this regard, globalisation requires lawyers to sharply hone their awareness, both of themselves and of those around them.
A deep awareness of cultural norms is a critical, but not sole demand of global lawyers. They must, as identified by Galloway, Castan and Flood in The Global Lawyer, be “attuned to the nuances of technology and culture and the ethics of the same”. They must exist in a new domain and understand its great new risk – that of a “borderless lawyer”. They must contend with the rise and omnipresence of technology in all its forms, and the changes it creates for the legal industry. The rise of private international law means lawyers must specialise in both a specific area of law, comparative law of another jurisdiction, and international law in general. According to Forbes, the expansion of legal practice into new model and the rise of the ‘gig-economy’ marks a departure from the standard, all-encompassing approach to ethics of the past. Their expertise must grow in nuanced and complex ways. Lawyers must keep up with the “rapid expansion” of international regulation across economics and trade, and all the elements that come with these areas. They must work in jurisdictions where the values of the system in which they were taught are not historically supported. They must become culturally competent, more socially aware, ethically vigilant, technologically adept and technically knowledgeable.
What are the shortfalls of legal education as it currently exists?
It can be argued that traditional legal education is not compatible with the new, global frontier. Frankly, it is not up to the task. Traditional legal education was not created to prepare lawyers for international practice, or for developments in this field. Legal education must be modelled to reflect the changing environment in which lawyers must now work. Currently, many law schools are insulated from global impact. Issues of a global nature are often seen as more relevant to practice, rather than theory and education. Law schools can therefore be ignorant and resistant to making the necessary changes to their curriculum. Legal education has traditionally been specifically packaged in a ‘one size fits all’ style. The first year of a law degree typically revolves around contract, property, criminal and constitutional law. Further years allow students to study electives, but a small amount of these focus on international law. Fewer still are those that teach students how to practice in the transnational sphere, and the cultural and personal awareness this requires. This does not cater to the newly diverse nature of the legal field and the elements globalisation has introduced. These include advances in legal technology, alternative methods of providing legal services, the diverse market and the idea that we are all creators of content, and the ramifications of this concept. Jamie and Caenegem contend that law schools need to teach their pupils how to become “residents rather than tourists in new jurisdictions”.
International content in undergraduate degrees is typically far less than postgraduate programs. The former, a three to five year program, teaches law subjects ‘by the book’, often basing assessment on a final exam. The content and structure of these courses is, arguably, not designed to enable its participants to confidently and enthusiastically embrace the challenges of a fast-paced, technologically driven, global industry. The gap between university course content and the real demands of the professional environment is widening, resulting in underprepared graduates who are not globally minded. Jamin and Caenegem articulate that research has indicated that educators are aware of this, and seek to change it. However, this is not always recognised as a key priority. Countries such as the US prioritize the effect of the financial crisis on graduates, whilst South Africa, for example, is working to improve legal education overall, before it seeks to embark on specific projects such as introducing international content.
Ultimately, law plays a fundamental, critical role in society. As those who action it, lawyers must be equipped to appropriately deliver their craft. Knowledge and confidence are most powerfully built from the beginning. A lawyer’s education is the most effective time to encourage and foster a global mindset.
Why is this the most critical challenge posed by globalisation?
It can indeed be argued that other challenges to the legal industry as a result of globalisation, as detailed in post one, are far greater than its need to reform legal education. Chief amongst these is the rapidly changing structure of the industry itself. Of the top ten global law firms, the majority have more lawyers operating internationally than within the firm’s country of origin. Technology means that lawyers are working together, simultaneously, whilst dotted around the world. The rise of the ‘gig-economy’, in which lawyers self-manage with flexible freelance and contractual work, has bolstered competition, reshaped the typical employer-to-employee culture, as well as leaving many lawyers vulnerable and unsure as to the rules around occupational health and safety, classification and fair wage. This shifting landscape could be argued to be a far more pressing issue to the field of law than education.
Others would argue the need for globally-minded lawyers is exaggerated. Indeed, in the US, most law graduates will enter firms with no more than one or two hundred employees. I do, however, beg to differ. The global legal sphere will only stretch and grow as technology shrinks our world and the distance between us. Students and graduates will inherit and enter this industry that will soon become unrecognisable in its changing shape. To summarise, over a decade ago in 2008, the New York State Bar Association Presidential Summit stated to those in attendance:
Change begets opportunity for those who prepare to seize the day; those who wait to respond may find themselves marginalised in a professional world they do not know or understand. In either case, the future is here.
Source
SOURCES
‘What are the biggest challenges facing international lawyers today?’ Academic Insights for the Thinking World, Oxford University Press, Link
‘Law’s Challenges Are Global. A Broader Perspective Would Help Solve Them.’, Mark. A Cohen, Forbes, Link
‘Legal education in the era of globalisation – what should we expect from law schools?’, Law Ahead, Link
’Why the traditional US model of educating tomorrow’s lawyers much change, Iam Media, Link
’Introduction to The Global Lawyer’ by Kate Galloway, Melissa Castan and John Flood, Link
’The Internationalisation of Legal Education’, Christophe Jamil and William van Caenegem, Link
’The Legal Profession in the Era of Digital Capitalism: Disruption or New Dawn?’, Salvatore Caserta and Mikael Rask Madsen, Link
’SRA ushers in ‘Uberisation’ of legal services, Law Gazette, John Hyde Link
’Inspiring Global Professionalism: Challenges and Opportunities for American Lawyers in China’, Cynthia Losure Baraban, Link
’The Ongoing Internationalisation of Legal Education’, Charlotte King, Link
’Legal Education in an Era of Globalisation and the Challenge of Development’, Mina Ndulo, Link
’The Gig Economy and Contingent Work An Occupational Health Assessment’, Molly Tran, Rosemary K Soaks, Link
’Cultural Competency: A Necessary Skill for the 21st Century Attorney’, Travis Adams, Link
’The Globalisation of Legal Education, Simon Chesterman, Link
’Employer Perspectives on Essential Knowledge, Skills and Attributes for Law Graduates to Work in a Global Context’, Duncan Bentley and Joan Squelch, Link
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