Legal Working Culture

Lawyers learn at work

My PhD thesis stated that "Lawyers learn at work, a point not adequately recognised by the Legal Education literature". It followed that a workplace, or learning curriculum, that incorporated an integrated professional development curriculum (professional curriculum) with academic pathways for lawyers was absent.

I know that it is possible to build such a Professional Development capability (or competency) framework that spans all levels of work capability and links to accredited qualifications. Because I have led the build of a National Operations Management Continuous Improvement enterprise curriculum.

A key finding in my research was how lawyers want to learn at work and what professional development opportunities suit them best.

Definition of Legal Working Culture, LWC

"‘Legal Working Culture’, or ‘LWC’, which this research establishes, is a substantial description of lawyers’ values, beliefs and behaviour when working and learning together in legal organisations and institutions".

Hann, D (2007) PhD ‘Lawyers Practising Learning: Reshaping Continuing Legal Education.

With the roll out of compulsory CPD I identified an opportunity for Continuing Legal Education, CLE, to develop a workplace, or practice-based curriculum, which incorporated the developmental stages of a person's legal career. At that time adult learning, professional learning and work-based learning theory and practice were not systematically interrogated and synthesised into program design and delivery.

I found that overall there was a concomitant failure to address meaningful workplace learning for lawyers, to improve their operational insight, and to enhance their work-based learning opportunities and well-being.

Some law firms had of course excellent professional development programs but even they lacked an overall Professional Development Enterprise Curriculum with linked to, not only technical legal skills, but the interpersonal emotional intelligence skills required as a lawyer progresses in their career. As well as to the organisation's culture.

In 2007 CLE was still considered to be the poor cousin of legal education. There was a lack of rigour about respecting, even acknowledging academic education theory in lawyers' professional learning and workplace learning. To illustrate my candidature was supervised by the Education Faculty at The University of Melbourne. Because that is where the expertise lay.

There was little collaboration between the Law Faculties and CLE practitioners. And no joint research into how lawyers learn at work post admission. This is quite different to the medical profession for instance.

It is indisputable that this issue was not considered to be important enough given that to complete my 12 month qualitative critical ethnographic research it was necessary to resign from my senior CLE role as I was not granted leave without pay. A simple fact.

At the time my thesis was completed the lack of interest was deafening. This, although predictable, was nevertheless disheartening.

Professional Curriculum Collaboration

To build a Professional Learning curriculum is challenging. It requires the active participation and co-operation of all branches of the Profession and the Law Faculties and Clinical Legal Training bodies. As well as the humility to admit that some of the expertise lies outside of legal and psychological domains. It could be done.

Has it now been done years after my PhD or is lawyers' learning still a fragmented experience?

Another concern of mine at the time was that Judicial Education stood apart and outside of the Professional Development, specifically CLE sphere. Legal Working Culture ( LWC) would suggest that a more integrated approach, given our judicial colleagues are master practitioners, would benefit the Profession.

Management and Leadership Learning and Leaderwork

I expressed concern that the rhetoric of professionalism was morphing into the rhetoric of work. This situation disregarded the reality of how lawyers work and learn together and the non-canonical or emergent nature of much of their management and leadership work.

In other words lawyers lead work and people without necessarily having positional authority.

I recommended that the preferable approach would be to equip lawyers to become better practitioners and encourage the active participation of master practitioners at the whole of profession level.

In 2007 this occurred in an ad hoc fashion however I recommended that it would be beneficial if it was also delivered at the whole of profession level rather than individual legal organisations each having to develop the whole program. There was also the fragmented delivery of stand alone Leadership and Management workshops and seminars by a wide variety of providers often external to the legal profession.

Leaderwork

Many lawyers work as professionals employed by legal organisations. Within this context, their management and leadership and work-based learning are seen as an insignificant by-product of their professional legal work.

Many lawyers undertake this additional responsibility when they do not have formal positions of authority. This work is not formally acknowledged or validated.

By making visible this "better work" important shortcomings of the prevailing organisational and professional culture (and leadership) can become apparent. Possibly an uncomfortable truth.

Where are we now in 2023?

The Equine (EQ) Link

Equine Experiential Education programs can significantly assist people to tap into their professional development and leaderwork capabilities by guiding them in how to draw on their unique strengths and attributes. Equine assisted Team building and Leadership exercises can enhance this work.

Dr Deborah Hann

February 2023