Why Isn't All Legal Education Practical?

Abstract

In this article, the authors draw on their experience as law academics, practical legal training (‘PLT’) instructors, and as legal practitioners, and argue that reform of legal education to better meet the expectations of the profession and community requires a re-evaluation of the continuum of legal education, from commencement of primary law studies (ie, Bachelor of Laws ‘LLB’ or Juris Doctor ‘JD’) until first admission as a legal practitioner, and potentially beyond. To focus solely on the deficiencies of the current approach to PLT, as has recently played out in the media, is to miss the point. As the title of this article suggests, would it not be better to integrate ‘practical’ training throughout a trainee lawyer’s legal studies? As this article demonstrates, there is duplication between primary legal studies and PLT and removing that duplication can help to reduce the burden and cost of a separate PLT program. In reconsidering the pathway to legal practice, there is scope for much of the necessary ‘practical’ training to be delivered during primary law studies and thereby reduce the need for students to complete a lengthy and costly postgraduate PLT course.