So You've Made it to Lectures. Now What: Wherein LL Rants

Image: JT Zuhlsdorf www.wdtprs.com 

Most if not all places where lectures, seminars, and talks are given are specifically designed places.  They have a specific purpose.  The very layout of the room ensures everyone can see and hear what the presenter is doing/saying.  It is a place where knowledge is imparted and questions can be asked.

  Some even have specific dedications - in honour or memory of a specific alumnus who achieved great things (or just happened to have a lot of money, as in the case of Carole Nash - there are lots of music auditoriums named after her).

There are a videos on Youtube of lecturers losing their patience at students talking during the lectures.  It's highly distracting.  During my last degree, I saw at least ten people ejected from lectures within the first week because they weren't courteous enough to not gab.  Then too self-absorbed to apologise. 

People teaching through lectures, seminars, and tutorials aren't just doing this for sh**s and giggles, they want you to succeed.  They've probably prepared long and hard so they can talk fluently and give you extra nuggets of information for the exams. Listen to them - or at least pretend to.  

What I've learnt through the faults of others

1. Show up on time, or sneak in at the back silently and take a seat near the back if you're late.

2. Phones away and on silent.  It's only an hour, or maybe even 45 minutes. You can survive without it.

3. Ask the lecturer if you can record the lecture before placing the dictaphone on the desk.

4. Do not ask questions during the lecture.  Wait until the end or do it by email. Otherwise you shall make enemies.  Don't be 'that guy.' 

5. If you're told to be quiet by a fellow student, obey.  Don't be 'that guy.'  Your life isn't so important that you can interrupt others' learning.

Please remember this, you lecture-blabbers, when you 'yuk it up' at the back (or even the front) of theatres; when you get your phones out for selfies or Facebook chat; when you snigger at the diligent student who turns around and tells you to shut the f*** up.  This is Higher Education, not Costa Coffee or High School.

A friend of mine lectures for an LLB course, and the students who bother to show up are apparently the worst behaved in the faculty, closely followed by those studying the GDL at another institution.  She has a dim opinion of them.  

Sorry… am I not being fluffy enough?  “Time’s have changed!”, you say? "We do it quietly!" "We've paid to be here so will do what we want."

I don’t think so.  Don't be 'that guy' - you will make contacts at Law School, and the person who told you to shut up in Land Law may well, one day, be a Partner in a Firm who turns you down for a job because you were a dick in years past.

In case you missed them...

Ultimate Guide to Writing a Law Personal Statement

New Year's Resolution

Paralegal Route to Qualification 

Apprenticeships in Law

Law in a Box

This week I took delivery of books for my degree.  A late Christmas present from myself to myself.  

See if you can match the Module to my much more accurate Book Titles:


So Your Client Thinks They're in an American Law Drama

Imaginary Funds

Have You Been Injured or Killed in an Accident That Wasn't Your Fault?

The Module Everyone Almost Fails

That Bit You Need to Understand the Rest of the Course

Things Your Friends Will Ask You About Because "You're a Lawyer"

That Pesky Law Making Entity We'd Sometimes Rather Ignore

Jeremy Kyle


Module Titles (mixed up)

Constitutional and Administrative Law

Land Law

European Union

Family Law 

Equity and Trusts

Criminal Law

Law of Tort

Contract Law

Question: Blogging...

Always nice to answer reader questions:

Hi, I started a blog months back and I can't find fresh stuff to write on, do you have certain rituals routines and is it important for a associated writing space just for you and how do you get creative or do you need to be simply popular? 

My writing space is anywhere I might salvage a few extra moments of quiet; together with WiFi that isn't slowed by other people either looking at naughty things over the hairnet, or stealing my passwords *cough* avoid Caffe Nero *cough*.  

This is occasionally the loo, or more often than not, the train (until Mrs Smelly asks me to move so her Primark Couture bag can sit on my seat, or Mr Liverpool Accent pesters me for 'eleven pence cheersthanksmate').

So my advice to you, dearest, is that there are bloggers everywhere, so good luck with that...

Image: http://www.motifake.com/

New Year's Resolution

I was absolutely thrilled to see that we can exist in 2015 thanks to Mr New Year, the Internet, and of course the United States of America (who always seem to get a look in on anything decent).  Here is the resolution:

THE YEARS ACT

WRITTEN RESOLUTION

Resolution in writing of the sole director of the world (the "New Year") dated this 1st day of January 2015.

BACKGROUND

A. The World is organised and operates under the laws of the New Year.

IT WAS RESOLVED THAT

1.  A new year may begin on this day.

Dated in the Country of The United States of America on the 1st day of January 2015.

Director Name:  THE NEW YEAR        

See what I did there?  Happy New Year, may 2015 be your annus mirabilis.  


Image Source: http://www.bradmontgomery.com/wp-content/uploads/2012/03/Scribble.png         

Alternative Means to Qualification: A Profession in Crisis?

UPDATE 30/1/15: To celebrate the new year this blog has moved to www.learnerlawyerblog.com - find more help and an extended post there

In, probably another attempt to "open the windows" and refresh Law and flexibility of the SRA, Paralegals are on track to the possibility of qualifying as solicitors if they meet the same standards as trainees through equivalent means of training.  (There were new Training Regulations issued in 2014).

There is already the existence in all but admission of a two tiered system, the divide potentially being widened in the near future by this scheme together with Apprenticeship schemes in Law.  It is undeniable that the profession is under pressure to increase its diversity and be less prescriptive about expectations of the route taken to qualification, with haste.  Such a fast alteration is more likely to annoy Very Important People and recently qualified Solicitors who despite obstacles have somehow made it through 'the system.'

Remember - Law is elitist

This is an undeniable fact.  Look at the Magic Circle and the wannabe Magic Circle firms such as DLA Piper.  It is for this reason the profession is desperately trying to reinvent itself in such a short period of time.  But the guise of inclusivity will never stand up to scrutiny, and nor is diversity necessarily a good thing. A non-standard background in candidates can be excellent and an asset, but a non-standard route to reaching the same status as a time-honoured route seems neither promising, nor essential.

A degree in Law is still a degree in Law, no matter where it is from or what letters are appended to your name. Nobody will admit it, but you find a firm that, all things being equal, would accept an applicant with a degree from a former Polytechnic over a Russell Group University.  It just doesn't happen. Prove me wrong.

The increased elitism of the larger firms, which need more regulation, has lead to a lost generation of LPC graduates, moving from firm to firm as Paralegals in an attempt to gain experience and evidenced work.  Will these 'make do' training contracts be recognised? It certainly shows more motivation and competence than having it directed for you through the existing scheme.   

Although this innovation may seem good on paper, there is more promise that it will lead Paralegals and students down the garden path with no substance at the end of it.

The good news

Plenty of Paralegals have completed the LPC and are trying to obtain training contracts.  Although this new route is challenging and has high standards (no doubt), it is a small ray of hope for those who cannot afford to repay a loan they have taken out to study the LPC.

Could this be unfair on the paralegals?

Absolutely.  There is a vigorous scrutiny applied to the evidence supplied by Paralegals in their application to the SRA. This can take up to six months and will assess, among other things, the extent of work-based learning, which has no concrete definition. This will be finalised sometime in 2015 - so we have an incomplete plan. Another year of all talk.

Someone who would give their right arm for a position will of course look through this, grin and bear it, offer a sacrifice to the Law God and hope for the best.  It shouldn't be that way.

It seems Paralegals are not necessarily valued as much as they should be, and more work is being fobbed onto them as they are cheaper to employ than Solicitors.  They are also disposable.  

Further, even if a Paralegal has gained appropriate experience over, say, 18 months with a firm, and are eligable to apply for a training contract if one comes up, they still must complete two years training according to a partner at the Smith Partnership.

During a consultation, the majority of those in support of the new flexible route emphasised a proviso that there was clear, explicit and well-publicised information on what would qualify as equivalent means.  Since the current scheme for LPC graduates will remain in place until at least 2016-17, the carrot is only just being dangled.  A pretty crappy carrot at that.

What are the criteria to be met?

Provisionally evidence on how the applicant works alongside solicitors; the legal nature of work undertaken; level of supervision; feedback on performance; appraisal comments; client interaction.  Needless to say, this level of scrutiny is not applied to those with training contracts. This already suggests the 'new' route will not be as valued as the existing routes. If it were, why the difference?  Of course, then we have the issue of extra-curricular activities. Highly unlikely this is given as much emphasis when looking back at successful candidates through the conventional routes in addition to the SRA requirement for experience in three distinct areas of Law, requiring swathes of evidence. So much of this is down to pot-luck. Simply because Paralegals don't have enough opportunities, of course they are adept at photocopying and filing. If they had more opportunities, the wages of existing Solicitors would have to go down, Very Important People would get disillusioned, yadda yadda yadda. Bad news.

What has the Law Society said on this?

"We support the initiatives that will enable people to qualify as solicotors where they have appropriate competence. Our concern with the SRA's approach is that it is not clear how far this will make a significant difference for many paralegals and whether this is the right time to introduce it given its other work on Training for Tomorrow [...] There is currently not much transparency about exactly how the process will work in practice."

In principle, this is an excellent idea, but can you imagine how many years and different paralegal positions at different firms it will take someone aspiring through this route to gain sufficient experience in sufficient areas? Paralegals just aren't 'important' enough to be given an equal opportunity to learn.  Nor is it a reasonable or fair expectation that larger firms with many Paralegals will be able to support them all equally and fairly down this route.  Then there is the complication with business models for these firms - which are of course primarily businesses and must make profit in order to function.

Source: PracticalParalegalism.com

Employability

The same attitude seems to be applied to this as to the Apprenticeship route.  The same standards must be met, otherwise those who go through this very lengthy route will likely be almost unemployable and have made a very expensive mistake.  

The status of Paralegals may be raised by the CILEx,  but first an enquiry will be carried out, then a consultation, then a committee will no doubt be formed, then a vote, then a follow-up consultation etc. It could take decades. How many graduates will be lost or stuck in a rut in that time.

In the meantime, the promises made by the SRA about this new idea has been given great praise, the advice of the IoP being the document everything as a Paralegal from day one.

Hardly fair.  Sensible. But hardly fair.

Just a Christmas Card

My prayers and best wishes for a holy and peaceful Christmas 2014!

Gerard van Honthorst - The Yorck Project: 10.000 Meisterwerke der Malerei. DVD-ROM, 2002. ISBN 3936122202. Distributed by DIRECTMEDIA Publishing GmbH.