Welcome to the third part of the series on globalisation and legal education. Today we will explore why the structure of law schools and curriculum necessitates change, and how this change should take place.
Why the structure of legal education needs to change
As stated earlier, the early years of a legal degree are based upon subjects such as contracts, property, constitutional, civil and criminal law. These subjects are focused on domestic law and do not provide students with an early, concrete knowledge or interest in global law. Later in their degrees, students are able to study more internationally-focused subjects such as human rights, economic law, sale and trade of goods and maritime law. This is vital, but arguably not sufficient to adequately prepare students for the industry they are about to enter. Another issue is the discretionary basis on which international content is sometimes included in undergraduate degrees. Universities rightfully possess autonomy in creating the structure of their courses, but this can mean students only receive extensive international content if lecturer deems it appropriate. Further, the element of choice students have with regard to electives is vital. However, this means many students will not choose to pursue international and comparative law electives. This leads to many graduates who have completed course content that is overwhelmingly domestic.
The need for the internationalisation of legal education is acknowledged, but a question has emerged – who is responsible for its implementation? Academic institutions at large, their law schools, or law firms training new, malleable graduates? Many believe that the responsibility of law faculties is to produce knowledgeable graduates ready to practice the domestic law of their jurisdiction. This is no longer satisfactory. Firms can implement global training in their new graduates, but establishing global knowledge, and desire for this training, should be a vital element of undergraduate education. International practice and the changes globalisation has created within the industry are too significant to be treated as an afterthought.
Potential solutions for educational reform
Reform to legal education is the key to embracing and thriving in the face of changes and challenges of a globalised world. There are many ways to achieve this, and they all serve to strengthen and broaden existing curriculum. Domestic law is vital, and will always remain so. However, it must go hand-in-hand with significant international content. There are two key elements of this reform: overarching principles, and practical implementation.
Legal education must be redeveloped to place greater, significant emphasis on cultivating a ‘multidisciplinary’ mindset. Technology must play a far more significant role; law students should be becoming familiar with the technologies and communication methods they will depend on in practice, while they are at university. A greater role should, too, be assigned to creating graduates who are ready to practice in a global world. As well as knowledge of content, law students should have a greater understanding of the processes and customs of interaction with other jurisdictions of the legal world.
How do we create ‘global ready’ law students? It is an evolving discussion, but much is already clear. Research has indicated that students recognise the importance of graduating with an “international perspective” and awareness of legal structures outside of their own jurisdiction. Curriculum should expand beyond domestic case law, assignments and exams to embrace cultural competence, legal technology and alternative means of providing legal services. Legal education should become more ‘unbundled’ to allow for more autonomy and exploration among students. Legal technologies should become a mandatory subject, or at least heavily featured in course content. Faculties should encourage and facilitate dual programs that educate in a domestic and international context, as well as electives and specialisations in comparative and global law. In the US, Cornell and Colombia law faculties have partnered with international law schools to offer a double-degree option. Research has demonstrated the positive effect of international programs on both law students and their faculties in the US. It has also demonstrated how course content that combines multiple jurisdictions has grown awareness of “global issues and concerns” amongst US law faculties. Students should be encouraged to participate in exchange programs; research indicates that nearly half of the undergraduate law students at the National University of Singapore participate in a half or full year abroad. Cultural competency – the ability to effectively and respectfully participate and interact with those of other cultures and backgrounds – is vital for the global lawyer and should be a core element of legal education. Students should be encouraged to learn languages, and international law units should form part of the core, compulsory cluster. Law faculties should promote values of understanding, exploration and diversity. While theory is vital, practical skills and a global, professional attitude are becoming a critical part of a successful lawyer’s toolkit.
Globalisation constitutes an array of changes and challenges for the legal industry, as it does for many others. Over the next few decades, the legal field will need to constantly reevaluate and adapt to best serve its global clients. Whilst the many challenges it will face are significant and valid, there is none more so than the need to reform legal education. Training models designed for the past will continue to produce ill-prepared lawyers who are not ready to tackle the global industry. Until education matches the practicing industry, change and adaptation will not effectively occur.
This marks the end of this three-part blog series. Tune in next week as we tackle another matter on Law Today!
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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