Equality and Diversity in Legal Education 1
Yesterday I attended a brilliant workshop hosted by the University of Sheffield School of Law and the Legal Education Research Network (LERN). A big thanks to Tammy Hervey for urging me to register and for reassuring me that I could come along and just be. This workshop was advertised at a time when I couldn’t even begin to imagine wanting to be in a room full of academics, never mind think about stuff. In the end I did, as Tammy predicted, have a fantastic day and enjoyed chairing a session, too.
The day kicked off with a slightly depressing and thought provoking key note by Professor Hilary Sommerlad. Depressing because research seems to be indicating that things are getting worse in the legal profession rather than better; thought provoking because there are so many barriers to equality and diversity and yet they seem to me to always come back to how we think about what a ‘good lawyer’ is. If we don’t reconceptualise that, we’ll never make any real progress. Why is it that we can’t get past this? Why is it so difficult to remove some of these barriers even where the solution appears to be blindingly obvious?
Hilary talked about two of her projects in particular. The first study is roughly 10 years old now and looked at how LPC students saw the legal field. As part of her focus groups participants drew pictures of lawyers as they saw them/imagined them and the pictures she shared were all quite similar – white, male, middle class lawyers working long hours being paid lots. Interestingly Hilary pointed out that when talking to her participants and highlighting that they were painting a picture of people that were (in many cases anyway) very different to themselves and not very sympathetic, some participants said that this was part of the appeal. Others were also keenly aware of their otherness and the fact that they’d never fit in. It reminded me of the meal I attended at a very posh restaurant in Leicester at the beginning of my second year as a law student. I had come in the top 6 students in my year and a well known City Law Firm took us out for tea. I didn’t wear a dress, I wore trousers and a shirt. I didn’t tone down my Yorkshire accent, I didn’t hide the fact I came from a single parent family and I didn’t hide the fact I hadn’t gone to a grammar school. I ordered the wrong wine and probably the wrong thing off the menu. I chatted, happily, with the people from the firm about the privilege of going to university, the fact that I had enjoyed Tort more than Contract and that I was looking forward to spending Christmas at my Gran’s in the deepest depth of West Yorkshire. I didn’t know that this was not how you played the game – nobody had told me the rules. I didn’t know there were rules! I wish I had known. If I had I might have played better. Not because I wanted desperately to get a training contract with that firm but because if I know what the rules are I can challenge them, break them, laugh at them. I think everyone else at that dinner was invited for an interview – I never heard from them again.
Anyway, I digress. The second project Hilary talked about is a study recently published about how recruiters see talent and merit. I wasn’t surprised to hear that merit equals academic achievement. I have spoken to people responsible for recruitment who, after a glass of wine or two and a lot of nudging admitted that they want to recruit people who look different but otherwise are identical because it allows them to hit diversity statistics without actually doing anything different or risk ‘alienating clients’. It’s disappointing and slightly sickening to see how little progress has been made in the legal profession.
The key point from the key note for me was the fact that clearly so many people self-select themselves out of a career in law or out of particular sectors within the legal professions because they don’t see themselves as fitting in. I wonder how many more select themselves out of studying law because they think it’s not for them? We need to talk about this, unpack it and challenge it. People should never have to make a decision about whether or not to follow their dreams based on having the wrong accent, the wrong parents, the wrong background, the wrong whatever it may be.
So what do we do to change things? Do we try and help our students achieve that particular type of professionalism that Professor Sommerlad talks about? Do we help polish them? This doesn’t sit comfortably with me. If we teach them to pass in that world, to assimilate we change nothing about the culture and we might well make them really quite miserable! Leaving aside the fact that I never could teach someone how to speak properly, dress to impress and talk about the right sort of things, I don’t think we should be suggesting to students that they should be doing this. However, I do think we should tell it as it is. We can’t raise aspirations without being honest about what that might mean and what students might have to deal with to get into the professions, stay there and progress. Part of our job then has to be to teach students about the sort of professionalism that is expected, about the behaviour that is expected and the sort of things some people in the professions will take for granted and that which will go unquestioned and unchallenged. I also strongly believe that teaching critical thinking skills and encouraging students to question and challenge everything is more important than ever. To go back to one of my favourite books on legal education – we need to empower students to have their own conversations, make their own choices and take their own chances (See Anthony Bradney).
The key note made me think again about what lawyering is and what it means to be a good lawyer. How do we model this in the class room? What assumptions do we make and are they justified? What messages are we sending by what we say and do in the classroom and elsewhere when engaging with students? What are we telling students about lawyers and being a lawyer? What are we not telling them? How much difference does what we say make given that they get their messages from all sorts of sources including TV series and films as well as society generally? What is our role in the identity formation of our students and what is our responsibility in all of this?
As usual I have far more questions than answers for now! For part 2 of my reflections see the next blog post and for part three, the one after that.
Questions
So I haven’t blogged in a while. That might be because I’m not currently working. If I’m off sick does that mean I am still a legal academic? Are my ramblings still those of a legal academic? Interesting question there about identity… Professor Huxley-Binns posed another interesting one at the start of the Lord Upjohn Lecture – the Association of Law Teachers’ Annual London event relatively recently (forgive me but my sense of time is completely off lately). She asked ‘Do you think like a lawyer?’. ‘Hell no’ was my initial reaction. But…
Well, yes that but has been bothering me ever since. I loved her lecture and I was going to blog about it immediately after but then sort of didn’t and anyway, here we are. Anyway, as Becky was talking I started wondering if maybe I do think like a lawyer and I have been thinking about that question and what it means ever since. I think the question is on my mind because I’m not sure what my place is in this world of legal academia. I always loved being an academic and maybe because of that I sort of forgot to look after the one person who can shape my career into what I want it to be: Me. Maybe after the years of long hours, living, breathing, dreaming work and then 18 months of working in a management role that highlights things I knew but could just pretend weren’t real before and that requires 60+ hours a week just to stay vaguely on top of things it’s not that surprising that eventually I crashed.
So not only am I asking if I think like a lawyer, to me the more fundamental question is do I think like an academic lawyer or even more complex than that: Does my current role, or even any academic job, allow me to think like me. I think that’s it. I want to think like me, and often that is thinking like a lawyer if we define lawyer broadly and often I think like an academic but thinking like an academic isn’t all that compatible with the neo-liberal, corporate crap that goes on in most institutions.
I go back to work on 18th January, after my holiday and first ever marathon (I’ve been blogging about the running here). I’m not sure I want to go back, not because I am not well enough, I probably am, and not because I like the being at home not doing much, I’m getting bored, but because I don’t actually know that I want to be an academic . I’ll continue to explore the why of that in my head and will, I’m sure, be ready to share that soon. I don’t know what else I would want to do so it’s not that I’ve found something I enjoy more…
I know this is a real ramble and I don’t have answers but I wanted to put this out there before we hit all the new year resolutions stuff because I don’t really believe in them and this isn’t about changing my life in 2016… Maybe I just need a good long run to get some clarity.. oh wait.
Being Head of School
I have been Head of the School of Law at the Unviversity of Bradford for nearly a year now. I have on and off thought about blogging about that and have started one or two drafts and then deleted them again. Now though, it seems to me, is a good opportunity to reflect on the last year. Being Head of School was never part of my Master Plan (as far as I have one). I always saw myself, and still do, as an academic, not as an academic manager. I applied for the interim post out of necessity rather than because I really wanted the job. If it hadn’t been me it would have been someone external and I don’t think at the time that would have been the right thing for us.
So, what’s being Head of School like? Hm, it’s bloody hard work, that’s what it is. It is frustrating on so many levels. There’s so so much pointless admin; there’s the impossibility of herding academic cats (says the worst anti-hearding academic cat ever); there is meeting after meeting with no time between meetings to follow up on things discussed in meetings; there’s only really seeing students for the wrong reasons – for plagiarism, for behaviour issues or when they have serious problems… there’s other people not doing their jobs (or my perception of them not doing their jobs, let’s try and be fair) and then there’s people doing their jobs perfectly well but just not doing things my way (yep, control freak).
Being Head of School is also rewarding on all sorts of levels. There’s something really amazing about shaping the School, it’s programmes, its research and in a way there is also something amazing (if insanely infuriating) about having to justify, explain and fight for that vision. A visison which is so common sense to me and so alien to almost everyone else in the Faculty/Institution: That of a liberal legal education that is focused on learning, skills and personal growth not employability, labour markets and making money. A vision that has thinking about social justice on all sorts of levels, well actually that has thinking – full stop – at its heart. It’s a battle, every day is a battle to try and keep true to some key principles – people and their academic freedom are the most critical thing in a Law School. Freedom to shapre their careers, do their learning and research, interact with each other and learn from each other (I mean both students and staff here) – freedom to not be constrained by corporate PowerPoint slides and uniform VLEs, freedom to think and challenge and freedom to be wrong. This might sound great but then the realitiy of day to day and disengaged students and overworked colleagues hits and dumbing down, not questioning templates and processes etc is just easier. Not fighting every singly idiocy (and there are many) is easier. Not forcing your students to think is easier. Add that a lot of this goes against current university policy – Corporate PowerPoints are a must – and you can perhaps understand that I have very mixed feelings about the last year and the future.
If I am going to be Head of School for any longer (shortlisting for the post takes place Monday) I need to think really carefully about which principles are red lines and I need to think really carefully about how I can protect colleagues and students from the far too prevalent neo-liberal crap we are spoonfed daily and I need to think really carefully about how I look after myself. Because this is personal, this is about everything I believe in as an academic and a law teacher and as such, I can’t just leave it on my desk on a Friday to come back to on Monday; I can’t just stop thinking about it so I have to find a way to deal with all the crap that I will inevitably take home with me… I don’t know whether I want the job for any longer but I do feel like it’s a job I have to keep doing for a Law School I passionately believe in, for students who are for the most part amazing and for colleagues, academic and administrative, who are an inspiration every day
