JOIN USA proactive approach towards law studies
To be a successful lawyer one needs to develop various skills that include analysis, oratory, legal reasoning, interpretation, drafting, comprehension, precis-reading and writing, research, managerial and critiquing amongst others.
A law student needs to be trained in client interviews, client counselling, negotiation, mediation, fact development, computer related skills, etc. For instance, a criminal lawyer requires to possess skills in forensic analysis, applied psychology and re-construction of events leading to a crime. In addition, law students also need to be trained in allied skills like stress-management and law office management; apart from people-handling skills and developing a healthy Emotional Quotient.
The legal education system in our country therefore needs to be revamped as the present curriculum lacks in provision to hone these skills.
The law does not exist in a vacuum and hence it is necessary for future lawyers to develop well-rounded skills by identifying the various components of the legal environment. It is also imperative to equip them with those set of skills which are a pre-requisite to bridge the gap between academia and the real legal world.
The problem is that there are neither parameters based on which these skills may be quantified in terms of grades, nor proper assessment criteria to determine the level of a student’s ability to master these skills. Experienced faculty members to train students to identify their potential and develop these skills is the need of the hour. To that extent, the focus should be more on practical-oriented teaching rather than theory-based teaching of laws.
Learning through practice
Today the mantra for law schools should be ‘Learning by Doing’ rather than solely on theory-oriented learning. The syllabus must be framed in such a manner that in the first two years the student should be trained in theory based papers and thereafter as they progress to higher classes, the focus gradually needs to shift to practical aspects. Internships in law firms are a right step in this direction.
The examination pattern also needs to be modified to test analytical and problem-solving skills rather than knowledge of the substantive and the procedural laws. For instance, an open book system of examination would not be a bad idea if implemented well, with students being confronted with problems and allowed to refer to books to solve them through the application of the right legal principles. After all, are lawyers not allowed to refer to books in the conduct of a case?
Law faculty members need to be allowed to practise in the courts to be equipped with the necessary skills to train students on court etiquette and court-craft based on their hands-on experience. Only with industry experience can one guide students better. Soft skills should be added to the curriculum.
Till now masters programmes in law offer only traditional courses like Constitutional Law, Corporate and Commercial Law, Intellectual Property Law, amongst others. However, now the need arises to introduce specialised courses on access to justice, court management, law teaching pedagogy and procedural laws. These new courses should have a skill development component.
Improving one’s skills
Speaking on the need to change the higher education framework in the country, APJ Abdul Kalam, former President of India, avocated emphasis on skill development to create a work-force which can face future challenges. He pointed out that universities need to focus on how to reward students to master these skills and a certification to that effect to recognise their achievements in this direction.
Today, universities merely confer degrees without adequate preparation of law students who are not trained to face the challenges of the legal profession. Universities therefore need to focus on how to bridge the gap between ‘law school’ and ‘legal practice’. When a
student leaves the portals of a law school he is ill-equipped to face the real challenges which the legal system in our country poses.
Owing to dearth of these skills, a law graduate may lack confidence to take up cases or offer legal advice to clients. Of late, the Bar Council of India, universities and law schools have woken up to this fact and incorporated a few clinical papers which include moot court exercises, visits to courts and organise legal aid/ awareness camps as a part of their curriculum.
In his book, Tomorrow’s Lawyers Richard Susskind has predicted that the legal profession is set to become a “world of virtual courts, internet-based global legal businesses, online document production, commoditised service, legal process outsourcing, and web-based
simulated practice”. The US based Carnegie Foundation in its study on the professional training of lawyers highlighted that legal education is presently too heavily focused on teaching the cognitive analysis of legal doctrines and not enough emphasis on teaching practical skills and professional values.
Today, many Inter-disciplinary course juxtapose law with management,
engineering, medicine and other disciplines. The 13th Finance Commission (2010-15) has highlighted the need for Court Managers who would ideally possess knowledge of law coupled with managerial skills. In order to face the emerging challenges, the legal education system in India is required to strike a right balance between ‘skill-based’ and ‘knowledge-based’ learning.
(The writer is an Associate Professor at the School of Law, Christ University, Bengaluru)