Thinking like a lawyer/acting like a professional: communities of practice as a means of challenging orthodox legal education

Abstract

Increasingly, there is pressure upon law schools, in Australia and elsewhere, to impress upon students the significance of the ethical and professional obligations of legal practice. The recent Carnegie Report explicitly looked to law schools "to initiate novice practitioners to think, to perform, and to conduct themselves (that is, to act morally and ethically) like professionals". Many law students, however, have little appreciation of legal ethics and any concept they may have of professionalism tends to be envisaged as applying only after graduation. In this paper, we explore the idea of a "community of practice". Lave and Wenger, who coined the phrase, contend that "learning is conceived as a trajectory in which learners move from 'legitimate peripheral participant' to 'core participant' of the community of practice". We will argue that law students should appreciate that they are entering the legal profession's community of practice and that all aspects of their conduct relevant to professionalism - not only academic integrity, but matters such as time management, teamwork, relationships with peers and staff - relate to this transition into a legal professional community. Such an approach may not only serve to impress upon students the significance of "professionalism" and ethics, but inculcate in them a sense of belonging to a professional community.