In her 2007 ethnographic study of eight US law schools, Elizabeth Mertz traces the process through which law students learn to “think like a lawyer” in order to become one. She shows how this process is essentially about language: learning to think like a lawyer means adopting new ways of reading, writing and talking.
Crucially, Mertz demonstrates that underlying these processes is a set of linguistic ideologies – assumptions we make about language and how it should manifest in particular social contexts. For example, she identifies a practice in legal analysis and reasoning, as taught in these classrooms: the social characteristics and personal perspectives of people who appear in legal cases and problem questions are rendered irrelevant and made invisible, in favour of the legally relevant facts. Issues of morality and emotion are likewise pushed aside as unimportant.
As students undergo this transformative process of learning to think and speak like a lawyer, Mertz questions the effects this may have on how law students see the world, their ability to see social diversity and inequality and to identify and challenge issues of injustice in their future work.
But what about how students think about themselves? What if they personally face marginalization? And what of their diverse language repertoires? If thinking like a lawyer depends on speaking like one, what is this speech expected to sound like? And what impact does sounding differently have on one’s sense of professional identity and self-worth?
These were just some of the questions raised in my recent digital ethnographic research with students enrolled in a Graduate Diploma in Migration Law and Practice (GDMLP). This one-year university program is required for people who do not have an Australian legal qualification to become Registered Migration Agents (RMAs) and offer professional assistance to people applying for a visa in Australia. Unlike law degrees, which remain difficult to access for many, it has been estimated that at least half of the GDMLP cohort has English as a second language (L2), and perhaps even more are first generation migrants.
I attended online workshops during which students practiced their client interviewing skills through role-plays, observing this practical work and debriefing with them. I also conducted research interviews with students at various points during their study and after graduating, over a period of three years. To have immediate impact, I also offered my interdisciplinary expertise to enhance learning, presenting on various aspects of communication, and helping the teaching team to develop and refine learning materials (see Smith-Khan & Giles 2025).
In a new article, I share some of the ways students talk and think about their study, their future professional goals, their existing strengths, and the skills they wish to improve and how. The discussions brought up beliefs about language, closely tied to ideas about proficiency, professionalism and identity.