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Murdoch University Electronic Journal of Law |
Author: | Murray Wheater School of Law, Murdoch University |
Issue: | Volume 1, Number 1 (1993) |
I intend to describe, from a student's perspective, one university law
course which has attempted to incorporate an electronic teaching medium
within its syllabus and the consequences of its use. The law course in
question is L369 Legal Practice & Documentation (LPD), a fourth year
course conducted for the first time in 1993 by the School of Law at Murdoch
University.
1. Information Technology in Legal Practice
There exists a widespread belief that law firms, and lawyers generally,
lag behind the rest of society in terms of computer usage and literacy.
However, this perception is being challenged by a massive increase in the
incidence and usage of computers in legal practices recently. Computers
are no longer just used by secretarial and other support staff. More and
more lawyers have a computer terminal on their desk. Their computers are
often connected to those of other staff within the firm by means of a
local area network(1)(LAN) and may even be connected to offices in other
cities within a national partnership or federation. Lawyers predominantly
use their computer networks for email, precedent and research database
retrieval and even small word processing jobs. Many firms are currently
attempting to develop computer cultures among their legal practitioners.(2)
In order to prepare law students for private practice, as well as government
and non-legal environments, relevant computer skills other than basic word
processing skills (as has been required of most law students for some
years now) should be conveyed to students by universities. The obvious
medium to do this is a LAN within the law school due to their increased importance
in the outside world. The issue is how to incorporate such a system into
the law school curriculum.
2. The LPD Course Structure
The LPD course was essentially intended to convey useful information and
skills relevant to legal practice. The emphasis was on knowledge of the
process of legal problem-solving rather than knowledge of the law in a
quantitative and substantive sense.(3) The unit also intended to expose
students to collaborative, co-operative learning which is both a useful learning
technique and relevant to practice groups in legal service providers. The
LPD course utilised the law school's LAN of IBM compatible machines with
hard and floppy drives and a central directory containing email, word processing and other miscellaneous software.
The LPD course consisted of two major components. First, students were
assigned randomly to groups of ten people. Every three weeks the groups
were required to produce an item of work. These group projects included
drafts of common legal documents, critiques of other groups' documents and
summaries of legal research. Each group provided the lecturer with a central
document, a practitioner's checklist and a sourcelist or bibliography.
These group efforts were conveyed to the lecturer by means of email on the
LAN. Some group projects required co-operation with another group such as
the settlement of a sale of land contract or the negotiation of a film contract
for a minor. Students soon discovered that in these joint projects the
setting of agendas and meeting places for the individuals involved was
also most effectively conducted via the email system. Rough drafts of
group work were also distributed among group members via the email system.
The analogy with contemporary legal practice is readily apparent.
Second, each student was required to submit two items of individual work
every week. This was changed in the second semester to just one item per
week. These items took various forms but were derived from group work or
material covered in the weekly two hour lecture. These assessed items were
also submitted to the lecturer via the law school's email system and were
returned, with grade attached, to the student's personal email address.
The instructions for both individual and group work was received by email
and students were informed as to their grade in the same way.
Each semester the students enrolled in the course were examined on the
content of the course covered in the lectures or in the group workshop
problems. One of the assignments submitted by individual students during
semester was a multiple choice question on some substantive aspect of the
course. These questions were accumulated within a directory created within the
WordPerfect facility on the LAN. Students were able to read those sample
questions on their screens or download them for revision purposes.
Thus the law school's email system (used in conjunction with the LAN's
word processing software) was used by students to submit their individual
assignments to the lecturer, organise and submit group projects and to
communicate generally with each other on academic and other matters.
3. Impressions of the Course
Although the usual problems of any university course run for the first
time did exist during the year the student response to the computerised
classroom was generally favourable. The foremost benefit that was
generally perceived to have arisen from the use of the email network was
an increased confidence in the use of computers generally and word
processing and email systems specifically. Problems such as amalgamating
documents, attaching files to email messages maintaining an email address all
had to be solved by students either individually or in their respective
groups. It was also widely accepted that the LAN provided students with an
improved method of co-ordinating, preparing and submitting group work.
Work could be emailed by each individual to appointed members of the group
and collated by them or alternatively several students could sit in front
of a monitor to develop the group response to the allocated problem.
Email was also a common means of letting other group members know of any
additional meetings arranged and receiving feedback and instructions from
the lecturer.
However, I would submit that the benefits obtained from the computerised
classroom were often more subtle and less tangible than those already
mentioned. Over the two semesters of the LPD course there developed a much
more co-operative atmosphere between the students. This was largely caused
by all students having to work in unfamiliar groupings and having to enter their
individual assignments into the computers together in one room, often at
the same time. Additionally, there was greater social and academic
communication between students due to the provision to each student of a
personal email address (confidentiality was maintained through the use of
personal passwords). Lecture and summary notes were emailed between students,
social events were arranged and the computer system's graphics package was
used to great effect and often hilarity. In fact the Jackson McDonald
Computer Laboratory is now a popular meeting place for fourth year law
students at Murdoch.
Many students appreciated the fact that the course was conducted, with
some minor exceptions such as the course outline, entirely without the use
of paper. However, many students still tended to generate printouts of
work that was to be examined in the end of semester tests. Students with
their own computers also benefited from the electronic classroom, subject
to issues of compatibility. Those students were able to work on their
computer assignments at home (or in the library for those with laptops)
and then simply download their work onto the law school's computer system
and then attach the word processing files to an email message sent to the
lecturer. Indeed one law student managed to complete the second half of the
course without ever being in Australia. She was attending the University
of North Carolina for a semester on a student exchange but was able to
submit her assignments for the course by means of the "Internet"
network. Some of the assessments had to be altered somewhat due to her
inability to attend lectures but otherwise she was able to communicate
effectively with the lecturer in order to complete the course.
4. Future of Information Technology in Law Teaching
Thus it appears that electronic teaching in law schools by means similar
to those already in existence at Murdoch University has two major
benefits. First, it provides students with experience of a means of
communication and information retrieval that is to be found increasingly
in legal practice. Computer skills (and word processing and email skills specifically)
are as relevant to law graduates as the ability to draft a mortgage or
research an obscure point of court procedure. Indeed law firms are already
demanding basic computer literacy of law graduates in light of their more highly
computerised work environments. Second, it provides students with an
alternative means of learning from others and by themselves. By fourth
year, student enthusiasm can, and may need to, be sustained by alternative
teaching methods such as the one described above. Especially in
combination with group-based learning students are placed in an
environment where it is much easier to share ideas than is the case for traditional
home alone written assignments.
It must be noted that email networks are not the only means available to
law teachers to utilise computer communications. Other possibilities
include electronic bulletin boards, electronic conferencing systems, public
online information service access networks, electronic discussion groups
and even online universities.(4) However, the major limitation on the potential
utilisation of these learning techniques is the infrastructure available
to instructors. This can be overcome to some extent by sharing equipment
between faculties or even between tertiary institutions.(5)
The electronic classroom of the near future and beyond will also be able
to access "electronic journals". Electronic journals accessed via
international computer networks are tipped to be the next revolution in
academic research and publication. In the United States particularly
electronic journals are appearing in the hundreds, soon thousands. These journals
contain not only completed articles but also academic work in progress.
After electronic publication of work in progress the authors can receive
feedback from interested subscribers and then may go on to publish the
completed work in light of comments received. Before the commencement of
1994 Australia will have an electronic law journal in the form of E Law
- the Murdoch University Electronic Journal of Law available via the
"Internet".(7)
In conclusion, due to the expansion of information technology within legal
firms and the increase in computer resources available to Australian law
schools, it would appear that the electronic classroom is becoming
increasingly relevant and even cost effective. I would encourage all legal
academics to investigate the possibility of utilising, to some extent, computer
technology in the presentation or assessment of their courses.(8)
Notes
(1)See RA Szymanski et al, Introduction to Computers and Information
Systems, Columbus, Ohio: Merrill Publishing Company. 1988) 220.
(2) For example see M Pinner, LAN at law firm, The West Australian, July
14, 1992 43.
(3) A Zariski, Legal Practice and Documentation: Course Outline and Study
Guide (Perth: School of Law, Murdoch University, 1993) 3-4.
(4) RW Maule, "The Network Classroom," Interpersonal Computing and
Technology: An Electronic Journal for the 21st Century 2 ('Listserv'
access code: listserv@guvm.georgetown.edu - maule ipctv 1n1).
(5) Ibid, at 13.
(6) See J Franks, "What is an Electronic Journal?," Public Access
Computer Systems Forum, January 21, 1993 ('Listserv' access code:
Listserv@uphuvm1.uh.edu).
(7) C Simmonds, "Law closes in on electronic journal," The Australian,
May 4, 1993 16.
(8) See for example, M McComb, "Augmenting a Group Discussion Course
with Computer-Mediated Communication in a Small College Setting"
(1993) 1(3) Interpersonal Computing and Technology: An Electronic Journal
for the 21st Century ('Listserv' access code : listserv@guvm - mccomb
ipctv1n3). For an Australian secondary school perspective see P Chandler,
"A Way Forward to Teach and Learn with (not about) Computer
Communications," (1993) 1(3) The Arachnet Electronic Journal on
Virtual Culture ('Listserv' access code: LlSTSERV@Kentvm.Kent.edu).