Professional education in the 21st century
- By Eugene Clark
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E-mail China.org.cn, May 3, 2016
The 6th of April saw the passing of Robert MacCrate. Bob MacCrate's biography provides a powerful example of dedicated service across a wide spectrum of activities--distinguished lawyer, former President of the American Bar Association, Special Counsel to the Department of the Army responsible for investigating the My Lai Massacre in Vietnam and Chairman of the Task Force on Law Schools and the Profession in 1992, which produced the landmark MacCrate Report.
Bridging the gap between theory and practice in legal education
Echoing earlier reports in the US, the MacCrate Report criticised the dominant model of legal education at the time which focused largely on legal doctrine and theory. The report called for, among other things, a far more practical and skills-based approach, including involving students in externships and providing training in practical skills. This report, written now almost 25 years ago, marked the modern approach to Western legal education which today places far greater emphasis on legal skills education.
Implications for professional education generally
I would argue that China, in common with other countries around the world such as the US and Australia, is also ripe for a major review of legal education which examines, among other things, the state of legal education and the future of the legal profession. Indeed, professional education in most disciplines could benefit from such a review given the reality that all professions are undergoing and will continue to undergo substantial changes in the decades ahead.
Just a few of these challenges include:
1. Equity and access. How do universities provide access to and ensure success in the professions for those students from lower socio -economic classes and other groups who are significantly underrepresented in the professions. In China, this is especially true for women professionals, whose career opportunities are considerably less than their male counterparts.
2. Finding new models of professional service delivery that make services more accessible. A major challenge and force for disruption will be the rise of new models for services delivery that lower costs and also tap into the latent demand for professional services delivered to groups who have been underserved by traditional models. The most creative new graduates with fresh perspectives and talent for innovation will be proactive in helping to devise these new models.
3. Coping with the challenges imposed by technology. Big data analytics, robotics, nanotechnology, artificial intelligence and other new technologies in computing, software, hardware, neuroscience, and other developments will significantly challenge our laws and regulations governing the professions. They will also lead to new forms of professional service delivered in new ways to new groups previously underserved.
4. Competing in a services market in which boundaries are becoming increasingly blurred and even disappearing. New service areas and increased competition will see the lines blurring between 'legal' and other business services. As national and international barriers to competition come down, there will be threats and opportunities for existing and new entrants in the legal services space.
5. Globalisation. Although there are some counter-trends, the world's economies are becoming increasingly inter-dependent and connected. In this environment, professional firms will be increasingly 'born global' and finding new markets, new forms of legal service delivered in innovative ways.
6. New and flexible ways of working. Changing technologies have accelerated competitive trends, created new careers and career options, and made other careers more challenging. New technologies, for example, have blurred the distinction between home and work, equalized access to once arcane know-how (such as form contracts), and globalized the U.S. legal market. U.S. law graduates now have many more opportunities abroad, but they also compete with legal services offered by the many more non-U.S. residents conversant with U.S. legal approaches and practices. These include mega law firms based abroad and outsourcing operations in India and the Philippines. These are manifestations of the increasingly competitive market and the need for new generations to be able to thrive and build their careers in that market.
7. Internationalisation. International and regional treaties, NGO's and international organisations are also playing an increasing role in regulating services and economic activity generally. Universities preparing graduates for the future must today equip students to work in an international environment and respond to competitive pressures that emerge in this context as well as the specific needs of their home country.
8. Importance of design. Professionals today need to think more about design and approach their profession as part of a system. They will also need to put a greater emphasis on creativity and innovation in gaining competitive advantage in the design and delivery of professional services. Technology will play a role here too as firms will increasingly design software and other 'knowledge products' that help clients to save costs, help themselves and provide training, and other new forms of professional service.
Conclusion
The challenges facing universities and the professions are many. Yet, Dickens was probably right that it will always be 'the best of times and the worst of times.' Although significant reforms are necessary and much work remains to be done, China has demonstrated a strong commitment to the improving the quality and international ranking of its universities. While there are risks, there is also good cause to be optimistic about both university education and the future of the professions. In the words of journalist Linda Ellerbee, "What I like most about change is that it's a synonym for 'hope.' If you are taking a risk, what you are really saying is, 'I believe in tomorrow and I will be part of it.'
Eugene Clark is a columnist with China.org.cn. For more information please visit:
http://www.china.org.cn/opinion/eugeneclark.htm
Opinion articles reflect the views of their authors only, not necessarily those of China.org.cn.
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