scs, simple and daniel webster programme

Standardized Clients and SIMPLE (SIMulated Professional Learning

Environment): learning professionalism through simulated

practice

Karen Barton, Strathclyde University Law SchoolJohn Garvey, University of New Hampshire Law School

Paul Maharg, Northumbria University Law School

Karen Barton, John Garvey & Paul Maharg 2

Daniel Webster Scholar Honors Program

Two year Bar practicum Training in professional skills and judgment through simulated,

clinical and externship settings Exposure to numerous fields, including real estate, business, and

litigation is offered. Instead of a two-day bar exam, the program provides a two-year,

comprehensive exam in conjunction with the training received. Students who complete the program are certified as having passed

the New Hampshire Bar examination, subject only to passing the Multistate Professional Responsibility Examination (MPRE) and the New Hampshire character and fitness requirements.

See: http://law.unh.edu/assets/pdf/johngarvey-article-newmodel.pdf


The Daniel Webster Scholar Honors Program "...fuses instruction and assessment in the most

intimate and integrated way that I have ever seen. Two years of it. It’s two years of what we actually recommended in [the Carnegie Report], integrated in such a way that truly instruction and assessment are indistinguishable.”

— Lloyd Bond


standardized client initiative

We train lay people to simulate clients, and do two things well: Discuss their case with the (trainee) lawyer in a way that is

standard across the cohort of students/lawyers that the SC meets Assess the client-facing skills of the lawyer.

Initiative is developed from medical education, now extensively used in final exam ‘OSCE’ stations in UK medical schools

A correlational study in 2006 concluded that use of SCs in legal education was as reliable and valid as tutor assessments

We make what the client thinks important in the most salient way for the student: a high-stakes assessment where most of the grade is given by the client

Now developed by Maharg et al for SRA Qualifying Lawyers’ Transfer Scheme in England & Wales

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feasibility? cost? impact?

Progress...? Six clients trained and used already in a comparison of Webster

scholars with newly-admitted Bar members. Used twice per year for interviews with Webster Scholars, and as

clients and witnesses elsewhere. Feasible…? Very: lots of experience out there in Strathclyde, Northumbria.

Refresher training needed for SCs, but no high-maintenanceCost…? Training of SC trainer + SCs; payment of SCs. SC documentation is freely available under CC:

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sample feedback

Impact…? Big: on students, on ethical performance, practice of skills within

professional value contexts; formative and high-stakes assessment. Also on regulatory bodies, eg Law Society of Scotland, SRA.

‘When I reflect on my law school tenure, the standardized client experience was the most educational aspect of my legal training. It set a foundation for me to begin the practice of law. As a new lawyer, I feel confident meeting with a client because I know I can rely on the interviewing and counseling skills I learned through the process.’

-- Webster Scholar

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What is SIMPLE?

SIMulated Professional Learning Environment enables students to engage in online simulations of professional practice. Its special pedagogy is based on transactional learning:

active learning through performance in authentic transactions involving reflection in & on learning, deep collaborative learning, and holistic or process learning, with relevant professional assessment that includes ethical standards

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correspondence file


what are we assessing in SIMPLE?

Professionalism and ethical performance Skilled performance to benchmarked levels Substantive knowledge of law Procedural knowledge Many other categories of assessable experience Purpose of assessment:

Formative (feedback and feedforward) Summative

Think of a social space where both workspace, learning space & assessment space co-exist, eg, between master & apprentice.

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how are we assessing in SIMPLE?

1. Discrete tasks, eg drafting,letter-writing, research (Estate Planning)

2. Whole file + performative skill (Personal Injury)3. Tasks + whole file (Real Estate)4. Tasks + file + performative skill (Litigation)

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feasibility? cost? impact?

Feasible…? Very: lots of experience out there in Strathclyde, Northumbria, ANU.

Once sims are created using the SIMPLE Toolset, easy to maintain.Cost…? Development of sims; learning support for students SIMPLE is open-source and freely available – there is technical

support (funded by CALI) till June 2011 SIMPLE blueprints are freely available under CC licences guidance documentation is freely available under CC:Impact…? Big: on students, on ethical performance, practice of skills within

professional value contexts; formative and high-stakes assessment; transactional learning; learning by doing (Dewey)

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feedback

‘I found the whole experience to be extremely worthwhile. I believe it was as close as students will get to experiencing the ‘real thing’ before we commence our traineeships. It certainly taught us the importance of fact gathering before jumping in and trying to find a solution.’

‘[…] if we had thought a little harder we could have minimized the number of letters we sent, by requesting all relevant information form a person in one go, rather than having to continually request further details. This was particularly true of our correspondence with [the client], and in real life I suspect that a client would get a bit impatient if he was constantly harassed for more evidence. I did feel that we all lacked a little bit of experience in such matters; knowing what to ask for and from whom, and I am confident that this exercise

has helped us in that regard.’

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Converging SCs + SIMPLE at UNH

Process:1. SCs role-play client (or others)2. SCs remain in role throughout SIMPLE sim3. Lawyers take instructions from client4. Comms via video conferencing & cell phone

Assessment:5. Formative & high stakes6. Creation of body of professional work by students.

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scs, simple and daniel webster programme

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