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12 - Paths to Practice

Regulating for Innovation in Legal Education and Training

Published online by Cambridge University Press:  30 December 2019

Catrina Denvir
Affiliation:
Monash University, Victoria
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Summary

Most agree that lawyers of the future will need a greater understanding of how technology can be used to design and deliver legal services. The issue for those involved in setting content for any route to qualification is defining the extent to which this must be regulated, as much as identifying the right level of technological capability. The issue is not merely one of content, but the acquisition of competences. Any accreditation must look beyond simply ensuring capability in relation to discrete tools, looking instead to ensure that future solicitors have the ability to adapt to new technologies. Separately, consideration has to be given to the emerging profession of legal technologists. Whilst some technologists may be legally qualified, those that are not must understand the ethical boundaries and regulatory requirements that lawyers work within. The organisation of the legal profession and the regulatory boundaries shared between various stakeholders require us to consider whether accreditation is the right way forward, where responsibility for accreditation should lie and who should take initiative in this space. This chapter explores these issues by contrasting the approach adopted by the Solicitors Regulation Authority in England and Wales with that of the Law Society of Scotland.

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Publisher: Cambridge University Press
Print publication year: 2020

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References

Legal Services (Scotland) Act, 2010 (asp 16)Google Scholar
Legal Services Act 2007 ss 2930Google Scholar
Solicitors (Scotland) Act 1980 (c. 46)Google Scholar
Solicitors Act 1974 (c. 47)Google Scholar
Bates, D, ‘Are “Digital Natives” Equipped to Conquer the Legal Landscape?’ (2013) 13(3) Legal Information Management 172CrossRefGoogle Scholar
Burke, C, ‘Winning the Battle to Teach Legal Technology and Innovation at Law Schools’ (Legal IT Today, 17 March 2017) http://burke-company.com/wp-content/uploads/2017/04/legalittoday-winning-the-battle-to-teach-legal-technology-and-innovation-at-law-schools.pdf accessed 10 July 2018Google Scholar
Canick, S, ‘Infusing Technology Skills into the Law School Curriculum’ (2014) 42(3) Capital University Law Review 663Google Scholar
Clementi, D, ‘Review of the Regulatory Framework for Legal Services in England and Wales’ (TSO 2004)Google Scholar
Goyal, M, ‘Do Lawyers and Law Students Have the Technical Skills to Meet the Needs of Future Legal Jobs?’ (Slaw, 29 June 2017) www.slaw.ca/2017/06/29/do-lawyers-and-law-students-have-the-technical-skills-to-meet-the-needs-of-future-legal-jobs/ accessed 20 July 2018Google Scholar
Henderson, WD, ‘Three Generations of U.S. Lawyers: Generalists, Specialists, Project Managers’ (2011) 70(2) Maryland Law Review 373Google Scholar
Hildebrandt, M, ‘A Vision of Ambient Law’ in Brownsword, Roger and Yeung, Karen (eds.), Regulating Technologies: Legal Futures, Regulatory Frames and Technological Fixes (Hart 2008)Google Scholar
Hildebrandt, M, Smart Technologies and the End(s) of Law: Novel Entanglements of Law and Technology (Edward Elgar 2015)CrossRefGoogle Scholar
Hildebrandt, M, ‘Law as Information in the Era of Data-Driven Agency’ (2016) 79(1) The Modern Law Review 1CrossRefGoogle Scholar
Hirsh, K and Miller, W, ‘Law School Education in the 21st Century: Adding Information Technology Instruction to the Curriculum’ (2004) 12(3) William & Mary Bill of Rights Journal 873Google Scholar
Hyde, J, ‘Law Society of Scotland Opens Door to Non-Solicitors’ Law Society Gazette (London, 13 August 2015) www.lawgazette.co.uk/news/law-society-of-scotland-opens-door-to-non-solicitors/5050551.article accessed 20 July 2018Google Scholar
Kimbro, S, ‘What Should Be in a Digital Curriculum: A Practitioner’s Must Have List’ in Lauritsen, Marc and Goodenough, Oliver (eds.), Educating the Digital Lawyer (Lexis Nexis e-Books 2012)Google Scholar
Law Society of Scotland, ‘Foundation Programme (Scottish Exempting Degree) – Accreditation Guidelines for Applicants’ (Law Society of Scotland 2010) www.lawscot.org.uk/media/359157/foundation-programme-guidelines.pdf accessed 31 October 2018Google Scholar
Law Society of Scotland, ‘Professional Education and Training (PEAT) Stage 1: Accreditation Guidelines for Applicants’ (Law Society of Scotland 2010) www.lawscot.org.uk/media/9123/peat-1-guidelines.pdfGoogle Scholar
Law Society of Scotland, ‘Professional Education and Training (PEAT) Stage 2: Outcomes’ (Law Society of Scotland 2010) www.lawscot.org.uk/media/8913/peat-2-outcomes.pdf accessed 1 November 2018Google Scholar
Law Society of Scotland, ‘Independent Review of Legal Services Regulation: Response from the Law Society of Scotland’ (Law Society of Scotland 2018) www.lawscot.org.uk/media/360006/review-of-legal-services-tp.pdf accessed 5 February 2019Google Scholar
Law Society of Scotland, ‘Legal Tech Assessment’ (2018) www.lawscot.org.uk/members/cpd-training/legal-tech-assessment/ accessed 20 August 2018Google Scholar
Marrs, R, ‘Technology and the Law: Who, Where and How?’ (Law Society of Scotland, 2017) www.lawscot.org.uk/news-and-events/news/technology-and-the-law-who-where-and-how/ accessed 20 August 2018Google Scholar
Moorhead, R, ‘Guest Post: Why the SRA’s Education Reforms Inhibit Innovation’ (Legal Business, 2016) www.legalbusiness.co.uk/blogs/guest-post-why-the-sras-education-reforms-inhibit-innovation/ accessed 1 November 2018Google Scholar
Rees, N, ‘I Look Ahead’ (Sir Ninian Stephen Lecture, The University of Newcastle, Newcastle, 10 September 2015)Google Scholar
Roberton, EA, ‘Fit for the Future: Report of the Independent Review of Legal Services Regulation in Scotland’ (Scottish Government 2018) www2.gov.scot/resource/0054/00542583.pdf accessed 20 July 2018Google Scholar
Government, Scottish, ‘Review of the Regulation of Legal Services’ (gov.scot, 2019) www2.gov.scot/about/review/regulation-legal-services accessed 5 February 2019Google Scholar
Segal, D, ‘What They Don’t Teach Law Students: Lawyering’ New York Times (New York, 19 November 2011) www.nytimes.com/2011/11/20/business/after-law-school-associates-learn-to-be-lawyers.html accessed 10 July 2018Google Scholar
Solicitors Regulation Authority, ‘Apply for a Waiver’ www.sra.org.uk/solicitors/waivers/apply-waiver.page accessed 1 November 2018Google Scholar
Solicitors Regulation Authority, ‘SRA Innovate Educate’ www.sra.org.uk/solicitors/innovate/sra-innovate-educate.page accessed 1 November 2018Google Scholar
Solicitors Regulation Authority, ‘Statement of Legal Knowledge’ www.sra.org.uk/knowledge/ accessed 31 October 2018Google Scholar
Solicitors Regulation Authority, ‘A Competence Statement for Solicitors – SRA Response to the Consultation’ (Solicitors Regulation Authority 2015) www.sra.org.uk/documents/sra/consultations/competence-statement-consultation-response.docGoogle Scholar
Solicitors Regulation Authority, ‘A New Route to Qualification: The Solicitors Qualifying Examination (SQE) – A Summary of Responses and Next Steps’ (Solicitors Regulation Authority 2017) www.sra.org.uk/documents/sra/consultations/sqe-summary-responses.pdf accessed 31 October 2018Google Scholar
Solicitors Regulation Authority, ‘Solicitor Apprenticeship Questions and Answers’ (2017) www.sra.org.uk/students/resources/solicitor-apprenticeship-qa.page accessed 1 November 2018Google Scholar
Solicitors Regulation Authority, ‘Solicitors Qualifying Examination – Draft Assessment Specification’ (2017) www.sra.org.uk/sra/policy/sqe.page# accessed 31 October 2018Google Scholar
Solicitors Regulation Authority, ‘Student Information Pack’ (2017) www.sra.org.uk/students/resources/student-information.page accessed 1 November 2018Google Scholar
Solicitors Regulation Authority and Bar Standards Board, ‘Academic Stage Handbook’ (Solicitors Regulation Authority and Bar Standards Board 2014) www.sra.org.uk/documents/students/academic-stage/academic-stage-handbook.pdf accessed 1 November 2018Google Scholar
Susskind, R, Tomorrow’s Lawyers: An Introduction to Your Future (1st edn, Oxford University Press 2013)Google Scholar
University of Glasgow, ‘Professional Legal Practice (Diploma)’ (2018) www.gla.ac.uk/postgraduate/taught/professionallegalpracticediploma/ accessed 1 November 2018Google Scholar
Van Zandt, D, ‘Foundational Competencies: Innovation in Legal Education’ (2009) 61(4) Rutgers Law Review 1127Google Scholar
Webb, J and others, ‘Setting Standards: The Future of Legal Services Education and Training Regulation in England and Wales (Legal Education and Training Review)’ (SRA, BSB and CILEX 2013) www.letr.org.uk/wp-content/uploads/letr-report.pdf accessed 17 August 2018Google Scholar

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