Learning to feel like a lawyer: law teachers, sessional teaching and emotional labour in legal education

This week, a new publication from members of the Smart Casual team has been published in the Griffith Law Review.  A limited number of free downloads of the paper are available here. 

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Contemporary higher education, including legal education, incorporates complexities that were not identified even a decade ago. Law programs first moved from traditional content-focussed programs toward incorporating critique and legal skills. Many are now working toward recognising inclusion and student wellbeing as integral to law graduates’ professional identities and skillsets. Yet the professional dispositions law teachers require to teach in these environments are ostensibly at odds with traditional lawyering identities founded upon an ideal of rationality that actively disengaged from affect.

This article draws on our teaching experience and data drawn from the Smart Casual project, which designed self-directed professional development modules for sessional law teachers, to identify the limits of a traditional teaching skillset in the contemporary Australian tertiary law teaching context. We argue that contemporary legal education demands considerable emotional labour and we present sample contexts which highlight the challenges law teachers face in doing what is expected of them. The article makes explicit the emotional labour that has often been implicit or unrecognised in the role of legal academics in general, and in particular, in the role of sessional legal academics.

 

 

Smart Casual in a nutshell

What is Smart Casual all about?

For a short and sweet introduction, check out this overview of the Smart Casual project. It covers the needs that we set out to address, our approach to working with the diversity of Australian law schools, and the suite of Smart Casual professional development modules – all on a single page! You can download the Smart Casual overview here (2MB PDF).

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LEAD: Legal Education Associate Deans Network meeting report

On 26 September, Nat Skead and Mary Heath went to the LEAD meeting hosted by Flinders University in Adelaide. It is a pleasure to share the Smart Casual resources with people in roles with responsibility for sessional teachers and professional development in law. They are designed to address an unmet need for discipline specific professional development on teaching legal skills. The Associate Deans were welcoming and enthusiastic.

Some schools are already using the modules with sessional and permanent staff, or have plans to use them in the near future.  At one school, for example, staff will undertake the modules over 12 months like a book club, getting together regularly to discuss and reflect.

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There were questions about where to find support for managing sessional staff and ensuring best practice from the school and university. One good place to go is the BLASST project, which has established benchmarking standards and best practice guides for employing and supporting sessional staff.

There were also queries about whether the modules would be of use to permanent law staff, staff teaching law to business students, or teachers in other disciplines. We already have reports of the modules being appreciated by staff outside of law (despite the law examples), as well as by staff in law, no matter their employment status. Many of the modules (for example, Feedback, Communication and collaboration, Wellbeing, Engagement, and Problem solving) will be immediately relevant to staff teaching law to non-law students.

We were also asked about strategies to overcome staff resistance to professional development on the part of people who clearly are experts in their fields of research or practice. We have no magic wand embedded in the modules. Sorry! However, it is important for all content experts to remember that teaching requires a set of skills that is only partly about content knowledge; and that the skills most experts have internalised and now take for grated must be broken down into logically organised component parts in order for them to be communicated to novices. The modules are designed to assist in this process.

One suggestion for the time-pressed teacher offered by the LEADrs themselves was to use a single module as a  ‘gateway’; letting sessional staff know that they don’t need to do an entire module all at once but can dip in and out. The online navigational aids embedded in the modules make viewing a module bit by bit very simple. Time-pressed permanent staff have certainly been known to do exactly this. There are entire books devoted to tips for higher education teachers, and having one sitting on the desk so that you can read a page or two and try out new ideas or be reminded of good intentions that have not been carried out lately can be of value to everyone.

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Higher Education Research Group of Adelaide Conference 2016

We took the Smart Casual modules for a viewing by other disciplines at the HERGA conference: From Research and Policy into Practice on 23 September 2016. Our hope was to share the model we have developed in Smart Casual with people from other disciplines who also want to be able to provide discipline specific professional development for sessional staff.

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The HERGA conference arises from collaboartion between all three South Australian public universities and TAFE SA as well as several other education providers from around the state. It is a great opportunity to meet passionate teachers and scholars of learning and teaching. This year the keynote speaker was Simon Barrie from UWS, whose focus on how we should respond to disruption was timely, bracing and extremely interesting.

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The Smart Casual session was well attended by people from a large number of disciplines. This is the panel chair introducing the presentation.  It was clear from the audience reaction that many disciplines recognise the steep rise in casualisation as well as the precarity of sessional teachers’ employment and the need to ensure sessional staff get access to resources, support and professional development.  Questions afterward canvassed access to the resources we have created, the level of web development that has been involved in them, opportunities for people using the modules to be involved in interactive environments, and so much more. Some people present at the session have already been in touch seeking further information and wishing to stay in touch.

Creating a lesson plan

One of the requests we have had from a lot of sessional law teachers is for advice about creating lesson plans.  I am sure there are a lot of different ways to approach planning out a class. Here are some thoughts about how I approach it, focusing on classes in which a problem question or hypothetical is the focus of the time spent in the class, and on a face to face context for teaching.

I have several goals in planning out a class.  Some are entirely prosaic.  First, I want to make sure that I don’t forget to tell students about a crucial date or an upcoming event, or I want to make sure I have established groups for a task that will take place in the following week.  If a written document is expected in the following class, I make sure I will remind students about it.

Depending on the class, I might also have a list of needed equipment. Water for a two hour lecture? Whiteboard markers? Recording device? Handouts? USB drive?

Having a written plan allows me to think in advance about what sequence of activities and information will make best sense from the point of view of the class and to ensure I will be reminded to adopt that sequence and not the one that seems natural to me.  If I hope that students will connect what we did last week with what we are doing this week, I need to make that explicit, and setting that up as an early element of the class in my lesson plan is part of that process. If am aware of links between content in my subject and the topic being taught in another subject to the same cohort, I will create triggers for making that connection overt in my class plan. For me, one example would be reminding students in my first year criminal law class that they have been learning structured problem solving in their legal skills topic and that this is a great place to apply them. If I want to include a summary of this week’s key points, I need to schedule that in my plan.

I also like to have a map of key content and skills to be covered in the class, set out in a logical and structured form.  Sometimes I create this by creating a table with the elements of the main offence being addressed on the left, the key precedents we will apply in the centre, and some prompts about the scenario on the right. Sometimes it might look more like a checklist. Provided it keeps me on track, ensuring that I don’t miss some elements out or–when I am teaching many repeats, forget which class I taught this point to already–it is doing its job.

Time management can be crucial.  It took me a lot of years of teaching to be confident about managing the content of a class within the allotted time, given how diverse and unpredictable the interactions in my classes can be, even when they apparently cover the same material. If time management is a big concern for me I will have decided in advance which elements of my plan are crucial and need to be covered, which are optional and can be dropped if time does not allow, and what options I might have for delivering content more time efficiently if the class turns out to need more time spent on something I did not predict would be time consuming.

For me, though, the most important aspect of pre-planning a class is thinking about engaging learning activities and planning time in such a way as to make sure that they are not routinely dropped in favour of passive (for students) content delivery (by me) that is unlikely to provide an optimal learning environment for students.  I will figure out in advance whether ice breakers are needed; whether question time might be useful; whether I need to take paper for students to write down their ‘muddiest point‘ or ‘most urgent question’ or to undertake an informal, anonymous survey of how students are experiencing the class.  I will decide whether I should break the class up into prosecution and defence to prepare arguments, and if so, for the entirety of the problem or for smaller chunks of content.

I would encourage discussion among teachers who are teaching the same subject about how to approach running the class itself and what kind of lesson plan the person who is leading the teaching team would expect to follow or for the team to be following. Different institutions and different staff experience differing expectations, levels of support and levels of autonomy.

How do you plan your classes?  How do you plan for online teaching interactions?

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Smart Casual Goes Global!

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In June, Natalie Skead took our Smart Casual project to the Chinese University of Hong Kong’s inaugural Conference on Teaching and Learning in Law Conference. With ‘Directions in Legal Education’ as the theme the conference provided a perfect platform to showcase the strides the Smart Casual team is making in supporting sessional law teaching in a rapidly changing legal education landscape.

Further afield, in July, Alex Steel presented Smart Casual to the home of Jazz and Blues, New Orleans. Stay tuned for Alex’s update.