Modern Australian
The Times

Teaching law students creative skills could save the profession from automation

  • Written by Joshua Krook, Doctoral Candidate in Law, University of Adelaide
Teaching law students creative skills could save the profession from automation

Making science for people is a series that explores how humanities, arts and social sciences expertise is applied to problems typically corralled into the science and technology space.

Today’s article involves technology, but in a legal sphere. It looks at how training lawyers in the “human” capabilities of creativity, empathy, compassion and emotional intelligence could provide them with skills that aren’t at risk of automation.

Around 40% of all law jobs are at risk of automation, according to a 2016 Deloitte report.

Traditional skills expected of law graduates are increasingly going to be undertaken by new AI-driven software. Basic skills such as database research and document drafting are already being automated by large Australian law firms.

The race is on to go beyond basic skills to automate higher-order thinking itself. Law firms want a piece of software that can find the relevant law and apply it to a client’s unique set of factual circumstances. In some cases this already exists.

The application of law to facts has been a basic skill taught to law students in Australia for more than 100 years. So if this skill is automated, what does that mean for the future of law schools, law firms, and law graduates?

Read more: That contract your computer made could get you in a legal bind

A new kind of lawyer

According to Richard Suskind, a prolific author on the future of law and legal technology, it is no longer enough to teach the old basic skills of lawyering in the new, AI-driven, automated economy.

We need a new kind of lawyer who is trained not only in the use of coding and legal technology, but also in the skills that AI will not be capable of automating. These include the very “human” capabilities of creativity, empathy, compassion, and emotional intelligence.

Despite changes to legal technology, Australian law schools remain wedded to an old-fashioned teaching model. The core law subjects taught in all Australian law schools, known as the Priestley Eleven, have not been updated in almost 30 years.

No move is underway to change these subjects in response to changes in the legal sector. There is little discussion about implementing new, compulsory legal technology subjects, creative subjects, critical thinking, or subjects that build a law student’s “emotional intelligence quotient” (EQ).

Read more: Don't fear robo-justice. Algorithms could help more people access legal advice

This is despite the fact that prominent critics – including former Chief Justice Robert French – have suggested that the Priestley Eleven are a “dead hand” on curriculum reform and need urgent revision.

A fresh curriculum

Australian law schools seem to be ignoring the risks of failing to innovate. The case method, a standard system of teaching at all Australian law schools, was invented in the 1800s at Harvard Law School. It teaches students to apply the law to a set of facts. This is precisely the skill that is currently at risk of automation.

More than this, the case method excludes student discussion on morality, emotion and empathy – the exact “human” skills that are now required.

A recent LexisNexis report argues that the time has come to move away from old lawyering skills and towards new skills education.

For this to happen, Australian law schools will need to modify or abandon the Priestley Eleven and the case method of instruction.

It is important to acknowledge here that some law schools are proactively responding to new technology. A handful have gone as far as to create new elective courses or “majors” in either coding or legal technology. However, as long as these courses are only electives, they remain sidelined in a curriculum dominated by the classical and old-fashioned teaching of law as a “black letter” subject.

Demand for new skills from law firms

Australian law firms are beginning to demand that law schools teach students new skills for the new AI economy. Gilbert and Tobin, one of the largest law firms in Australia, wants law students to be taught about legal technology and to gain more skills in creativity and coding.

Read more: Connecting 'diblings': how the law is failing to keep up with modern families

Some prominent academics are calling for a return to a more critical legal education that empowers students not only to learn the law, but also to critique its flaws.

A new law school, built on the principles of technology and the liberal arts, might teach students to critique the law that they are currently learning, learn to code, engage in law reform, and develop the essential skills of creativity, empathy and compassion.

This innovative, modern approach to legal education could empower students to face the changing legal industry with confidence and certainty, giving them hope in an otherwise uncertain and grim job market.

Authors: Joshua Krook, Doctoral Candidate in Law, University of Adelaide

Read more http://theconversation.com/teaching-law-students-creative-skills-could-save-the-profession-from-automation-97615

Chatswood Tutoring And Its Role In Academic Achievement

Academic success often requires more than classroom attendance alone. Students face increasing expectations as they progress through school, particu...

Why Laser Hair Removal Treatments Continue Growing In Popularity

Managing unwanted hair can become time-consuming and frustrating for many people, especially when shaving, waxing, and other temporary methods requi...

Choosing the Right Devices for a Flexible Workplace

For IT leaders managing large fleets, the device layer is where workforce productivity and security policy meet. The shift towards flexible and hybrid...

How Business Advisory Services Help Companies Achieve Sustainable Growth

Every business owner aims to build a profitable and sustainable organisation. While dedication, innovation, and hard work are important, achieving l...

Why Body Contouring Has Become A Popular Cosmetic Treatment

Many people maintain healthy lifestyles through regular exercise and balanced eating habits but still struggle with stubborn areas of fat that are d...

How to Choose the Right POS Hardware for Your Business in Australia

A lot of Australian business owners spend weeks researching POS software but buy hardware almost as an afterthought. That's a mistake. The wrong har...

Why Material Handling Hose Is Critical for Industrial Efficiency

A high-performance material handling hose is an essential component in industries that transport abrasive, dry, or bulk materials on a daily basis...

How to Choose the Right Lawyer in Melbourne for Your Situation

Choosing legal support can feel difficult, especially when the stakes are personal or business-related. The right lawyer in Melbourne should underst...

Hoteliers Look to Clever Value Adds to Increase Revenue

The Australian hospitality industry is still in recovery mode after a notoriously rough patch in recent years. While there has been a post-COVID tra...

Moving to Queensland? Here’s How to Prep Your Car for the Big Move North

There’s no sign of the northern migration slowing down, with thousands of southerners fleeing from chaotic lifestyles and cooler climates for a brig...

Diesel Shortage to Impact Trades and Contractors

Strait of Hormuz blockage affecting all major parts of trades and construction Trades and construction across residential, commercial and industria...

Why Holiday Home Owners Turn to Rental Management Agents

The Allure — and the Reality — of Renting Out Your Property Owning a holiday home is a dream for many Australians. Whether it's a beachside sha...

Why Finding Reliable Doctors In Bundoora Is Important For Long-Term Health

Access to quality healthcare plays an important role in maintaining overall wellbeing and managing health concerns early. Trusted Doctors in Bundoor...

Understanding the Different Types of Car Services: Minor vs Major

When it comes to car maintenance, one of the most important things every vehicle owner should understand is the difference between a minor and a maj...

How Superannuation and TPD Insurance Work Together

Superannuation is an essential part of financial planning in Australia. It is designed to provide individuals with income during retirement, helping...

Tiny Towns funding granted for Mt Hotham and Mt Buller upgrades

Alpine Resorts Victoria (ARV) has welcomed funding support from the Victorian Government’s  Tiny Towns Fund, with both Mt Hotham and Mt Buller se...

Locksmith Services: Why Professional Security Solutions Matter More Than Ever

Security is a critical concern for homeowners, businesses, and vehicle owners alike. Whether it involves protecting a property, replacing damaged lo...

Why Tooth Fillings Are Important For Protecting Damaged Teeth

Cavities and minor tooth damage are common dental problems that can worsen if left untreated. Professional tooth fillings help restore damaged teeth, ...