Modern Australian
Times Advertising

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

What People Mean by “Alternative Doctor” And Why Expectations Around Care Are Changing

When people search for an “alternative doctor,” they’re usually looking for something specific, even if they haven’t fully defined it yet. I...

Why Does My Power Keep Tripping? Common Causes Explained by Electricians Sydney

The electrical system is the lifeblood of your home, powering everything from your phones to cooking utensils and more. But from time to time, your po...

Interstate Car Transporter Urges Buyers to Book Early

As the conflict in the Middle East continues to put increasing pressure on local fuel supply, Australian transport companies are experiencing increasi...

Digital Minimalism for Business Owners: Fewer Tools, Better Systems

Be honest. How many apps are open right now? One for scheduling, another for invoices, a third for customer notes, plus a spreadsheet someone email...

The Importance Of Proactive NDIS Renewal Preparation For Sustaining Your Provider Business

Your NDIS renewal notice is not a signal to start preparing. By the time it arrives, preparation should already be well underway. For new providers, s...

Why Fire Extinguisher Testing in Sydney Is Becoming a Records Game, Not Only a Maintenance Job

A fire extinguisher used to feel like one of the simpler parts of building safety. It hung on the wall, wore a service tag, and sat there quietly unle...

The Switchboard Upgrade Question Every Melbourne Renovator Should Ask Before the Walls Close Up

Renovations have a funny way of making people think on surfaces first. Splashback, stone, joinery, tapware, paint. Fair enough too. That is the exciti...

Winter Sanitation Gaps in Parramatta Kitchens: A Hidden Pest Risk

Winter brings a host of changes to our homes, from the chill in the air to the cozy warmth indoors. However, this season also introduces sanitation ch...

When to Seek Advice from Employment Lawyers in Melbourne

Australian employment law is detailed and, at times, complex, with rights and obligations that aren't always obvious to employees or employers witho...

7 Benefits of Professional Gutter Cleaning for Australian Homeowners

Gutters aren't exactly glamorous. They sit up there on the edge of your roof, doing their job quietly - until they stop working. Clogged, overflowing ...

Pipe Floats Strengthening Pipeline Performance In Demanding Environments

Pipelines often travel through environments that are anything but predictable, water currents shift, terrain changes, and materials keep moving unde...

Why Ceiling Fans Are Essential For Comfort, Efficiency, And Modern Living

Creating a comfortable indoor environment is not just about temperature; it is about how air moves, how a room feels, and how efficiently energy is ...

Why Duct Cleaning In Melbourne Is A Smart Investment For Healthier Living Spaces

Behind your walls, ceilings, and vents lies a network quietly working every day to keep your home comfortable. Yet over time, this system can become...

Disability Service Providers Supporting Inclusive And Independent Living

Finding the right support system can feel like assembling a puzzle where every piece must fit just right. For individuals and families navigating di...

A Beginner's Guide to Owning a Caravan in Australia

Owning a caravan opens up a style of travel that's hard to match for freedom and flexibility. However, for those just starting out, the process of c...

Preparing Your Air Conditioner for Summer: What Most Homeowners Overlook

As temperatures rise, many homeowners switch on their air conditioning for the first time in months — only to find it’s not performing the way i...

What Actually Adds Value to Properties in Newcastle

Newcastle has seen steady growth over the past few years, with more buyers looking beyond Sydney for lifestyle, space, and long-term value. As dema...

What is Design and Build in Construction?

Imagine you’re about to start a new construction project, maybe it’s a custom home or a commercial building. You’ve got the idea, the land, an...