Education for Capability: a Professional Model for Practical Legal Education

Abstract

Abstract Practical legal training for admission as a solicitor in New South Wales changed in 1975 when articles of clerkship (apprenticeship) were abolished and replaced by a period of institutionalized practical legal training at the College of Law, Sydney. For the first time the aims of practical training were identified. As with articles, however, the aim was education for capability. Originally, this aim was reflected in a training programme in the tasks and skills of practice. This narrow view of both practice and the training nature of the curriculum was found to be inadequate in some respects. Some students found difficulty in coping with the intricate problems which are interwoven with the performance of the tasks and skills of practice. With the development of a co‐operative (sandwich) course in 1981, an experimental curriculum was developed which had as its core the social context of practice. Rather than carry out tasks and practice skills, there was a concentration on the development of problem‐solving skills and the exercise of judgement. The main curriculum document was, and is, a professional model. This model requires a student to meet the needs of client, firm, profession, society and personal needs in any legal transaction. Judgement is required both within individual needs areas and when conflicts arose between or among needs areas. The primary teaching strategy is simulation. Although there have been some minor problems, the use of a professional model based on needs to educate for capability appears to be more than a viable alternative to a task‐based curriculum.