When and how should legal ethics be learned?
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Slides for the presentation by Clark Cunningham (Georgia State University), Nigel Duncan (City University) and Paul Maharg (Northumbria University) at the Learning in Law Annual Conference 2011.
![Legal Services Board ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],Nigel Duncan, City Law School](data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7)
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When and how should legal ethics be learned?
- 1. When and how should legal ethics be learned? Clark Cunningham, Nigel Duncan, Tony King and Paul Maharg.
- 34. professionalism Paul Maharg. Northumbria University Outcome Positive indicator Negative indicator 5. Personal integrity and civility towards colleagues, clients and the courts Is honest with all others on the course; relates to colleagues on the programme with civility; treats tutors, administrative staff and others with respect. Exhibits traits of arrogance, intemperate behaviour, mismanagement of own affairs; lies to colleagues or programme personnel; plagiarises work; adopts the work of others as own work; is abusive or contemptuous towards colleagues or programme personnel.
Hinweis der Redaktion
- Transactional learning is active learning, not passive. In that sense, we want students to be involved in activities within legal actions, rather than standing back from the actions and merely learning about them. transactional learning goes beyond learning about legal actions to learning from legal actions we aim to give them experience of legal transactions. Transactional learning involves thinking about transactions. It includes the ability to rise above detail, and "helicopter" above a transaction; or the ability to disengage oneself from potentially damaging views of the group process, and re-construct that view Students are valuable resources for each other. Collaborative learning breaks down the isolation and alienation of what might be regarded as isolated or cellular learning. There is of course a place for individual learning, silent study, and the like. But students can help each other enormously to understand legal concepts and procedures by discussing issues, reviewing actions in a group, giving peer feedback on work undertaken in the group, and so on. And perhaps what is even more important is that they begin to trust each other to carry out work that is important. In other words, students begin to learn how to leverage knowledge amongst themselves, and to trust each other’s developing professionality (learning about know-who, know-why, as well as know-what within the firm). Often, we have found, if there are firms that are not producing good work or keeping to deadlines, it is because they do not know how to work together effectively; and this often arises from a lack of trust. Transactional learning ought to be based on a more holistic approach. Allowing students to experience the whole transaction- and all the different parts- not just the actual procedure but how this may affect the client and how you may have to report this to the client. Transactional learning of necessity draws upon ethical learning and professional standards. There are many examples of how students have had to face ethical situations within the environment – some are ones where we have created a situation with an ethical issue- others have arisen unexpectedly. E.g mandate example ( if time) 7 & 8: Students are taking part in a sophisticated process that involves taking on the role of a professional lawyer within the confines of the virtual town and firm. In order to enhance the learning experience they must be immersed in the role play- and to do that they must be undertaking authentic tasks. Research suggests that when students are involved with online environment similar to the virtual village- that these authentic settings have the capability to motivate and encourage learner participation by facilitating students ‘willing suspension of disbelief’. This allows them to become immersed in the setting.