Best Practices For Legal Education

1 best Practices for Legal EducationA Vision and A Road MapRoy Stuckey and OthersForeword by Robert MacCrate, Practices for Legal EducationRoy Stuckey and OthersCopyright 2007 by Roy StuckeyPublished in the United States by the Clinical Legal Education is granted to reproduce this document or portions of it fornoncommercial purposes, so long as the copies are distributed at or below costs and identify the author, title, and date of electronic version of this document is available onthe website of the Clinical Legal Education Association, information or additional copies, contact:the Clinical Legal Education Association(see contact information at ) orRoy Stuckey at or University of South Carolina School of LawColumbia, SC design by Bob Lowder, University Publications, University of South at the Coleman Karesh Law Library at the University of South CarolinaStuckey, Roy best Practices for Legal Education / by Roy Stuckey and Others ISBN 0-9792955-0-5 ISBN 978-0-9792955-0-8 Stuckey, RoyLaw Study and TrainingI.

2 2007 First EditionThis book is dedicated toThe Honorable Rosalie Wahl,Supreme Court of Minnesota,andRobert MacCrate, Esq.,Sullivan and Cromwell, New York,for their love of the Legal professionand their efforts to improve Legal Practices for Legal EducationTable of ContentsForeword ..viCLEA S best Practices Project ..viiiSteering Committee for CLEA s best Practices Project ..ixAcknowledgments ..xIntroduction ..1 Executive Summary and Key Recommendations ..5 Chapter One: Reasons for Developing a Statement of best Practices ..8 Chapter Two: best Practices for Setting Goals of the Program of Instruction.

3 28 Chapter Three: best Practices for Organizing the Program of Instruction ..68 Chapter Four: best Practices for Delivering Instruction, Generally ..77 Chapter Five: best Practices for Experiential Courses ..121 Chapter Six: best Practices for Non-experiential Teaching Methods ..152 Chapter Seven: best Practices for Assessing Student Learning ..175 Chapter Eight: best Practices for Assessing Institutional Effectiveness ..198 Chapter Nine: Components of a Model best Practices Curriculum ..205 Conclusion: The Road Ahead ..210 Introduction ..1 Chapter One: Reasons for Developing a Statement of best Practices .

4 8A. A Statement of best Practices Can Help Evaluate the Quality of a Law School s Program of Instruction and Guide Efforts to Improve It..8B. The Need to Improve Legal Education is Compelling..8 1. The Licensing Process is Not Protecting the Public..8 2. Law Schools Are Not Fully Committed to Preparing Students for Bar Examinations..11 3. Law Schools Are Not Fully Committed to Preparing Students for Practice ..11 4. Law Students Can be Better Prepared for Practice ..13 a. Law schools should expand their educational goals..13 b. Law schools should improve the competence and professionalism of their (1) Access to justice is lacking.

5 18 (2) Graduates are not sufficiently competent..19 (3) Too many graduates conduct themselves unprofessionally..20ii c. Law schools should attend to the well-being of their students..21 5. Principles of Accountability and Consumer Protection Require Change..26 Chapter Two: best Practices for Setting Goals of the Program of Instruction ..28A. Be Committed to Preparing Students for Practice ..28B. Clearly Articulate Educational Goals..29C. Articulate Goals in Terms of Desired Outcomes ..30 1. What Outcomes Means..30 2. The Global Movement Toward Outcomes-Focused Education ..32 3. Principles for Developing Statements of Outcomes.

6 35 4. Various Statements of Desirable Outcomes..36 5. Statement of Outcomes Chosen for This Document ..39D. Articulate Goals of Each Course in Terms of Desired Outcomes..40E. Aim to Develop Competence The Ability to Resolve Legal Problems Effectively and Responsibly ..43F. Help Students Acquire the Attributes of Effective, Responsible Lawyers ..48 1. Self-Reflection and Lifelong Learning Skills ..48 2. Intellectual and Analytical Skills ..49 3. Core Knowledge of the Law ..54 4. Core Understanding of the Law ..54 5. Professional Skills ..56 6. Professionalism ..59 a. A commitment to justice ..62 b.

7 Respect for the rule of law ..64 c. Honor, integrity, fair play, truthfulness, and candor ..65 d. Sensitivity and effectiveness with diverse clients and colleagues ..66 e. Nurturing quality of life ..67 Chapter Three: best Practices for Organizing the Program of Instruction ..68A. Strive to Achieve Congruence ..68B. Progressively Develop Knowledge, Skills, and Values ..69C. Integrate the Teaching of Theory, Doctrine, and Practice ..71D. Teach Professionalism Pervasively Throughout All Three Years of Law School ..73 Chapter Four: best Practices for Delivering Instruction, Generally ..77A. Know Your Subjects Extremely Well.

8 77B. Continuously Strive to Improve Your Teaching Skills ..77C. Create and Maintain Effective and Healthy Teaching and Learning Environments ..80 1. Do No Harm to Students ..81 2. Support Student Autonomy ..83 3. Foster Mutual Respect Among Students and Teachers ..84 4. Have High Expectations..85 5. Foster a Supportive Environment ..87 6. Encourage Collaboration..88 7. Make Students Feel Welcome and Included ..89 8. Engage Students and Teachers ..90 9. Take Delight in Teaching..92 10. Give Regular and Prompt Feedback..92 11. Help Students Improve Their Self-Directed Learning Skills ..93 12.

9 Model Professional Behavior ..95D. Explain Goals and Methods to Students..95E. Choose Teaching Methods That Most Effectively and Efficiently Achieve Desired Outcomes ..96F. Use Multiple Methods of Instruction and Reduce Reliance on the Socratic Dialogue and Case Employ Context-Based Education Throughout the Program of Instruction ..104 1. Use Context-Based Instruction to Teach Theory, Doctrine, and Analytical Skills (problem and case-based learning). 107 2. Use Context-Based Instruction to Teach How to Produce Law-Related Documents ( Legal writing and drafting)..109 3. Use Context-Based Instruction to Teach How to Resolve Human Problems and to Cultivate Practical Wisdom (role assumption and practice experience).

10 110H. Integrate Practicing Lawyers and Judges Into the Program of Instruction ..116I. Enhance Learning With Technology ..117J. Establish a Learning Center ..119 Table of ContentsiiiBest Practices for Legal EducationChapter Five: best Practices for Experiential Courses ..121A. Experiential Courses, Generally..121 1. Introduction to Experiential Courses..121 2. best Practices for Experiential Courses, Generally ..123 a. Provide students with clear and explicit statements about learning objectives and assessment criteria ..123 b. Focus on educational objectives that can be achieved most effectively and efficiently through experiential Education .