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Maharg_ Slides_ CALI 2004

VIEWS: 8 PAGES: 46

									Legal Sims: from EverQuest
               to Ardcalloch
         (and back again…)




             Professor Paul Maharg
    Glasgow Graduate School of Law
                                              presentation


1. Context: professional legal education in Scotland
2. Why simulations?
3. Virtual community: Ardcalloch
4. Sample transactions: PI project, Private Client project
5. Transactional Learning: basic concepts
6. Student feedback




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        professional legal education in Scotland


1. Undergraduate degree
   a. 2, 3 or 4-year LLB
   b. Students normally 17/18 – 21/22 years of age

2. Diploma in Legal Practice
   1. One year, eight subjects, assessed

   2. Focuses on preparation for traineeship

3. Two-year training for the profession
   1. Includes a short training course, Professional
      Competence Course
   2. Trainees submit quarterly logs to the Law Society of
      Scotland


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     Simulations: massively multi-player online
                            role-playing games

 they contain large numbers of players, ie massively multi-
    player online role-playing games (MMORPGs). Lineage for
    instance has hundreds of thousands of players registered
    in the game.
   the games are created and maintained by large teams of
    developers working in extended development cycles
    counted in years, not months.
   the games often involve getting goods or status or social
    capital, often in groups (sometimes called ‘guilds’). In
    other words, they are innately social
   the activities are long-term and have no end, other than
    surviving and thriving in the virtual world.
   Examples: EverQuest, Ultima World, Second Life, Sims
    Online, etc

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         myth 1: nerd-games, not worth much…


 Castronova estimated that Sony’s ‘monthly revenues from EverQuest
  are about $3.6 million’ on a subscriber base of over 400,000 in late
  summer 2001.
 These numbers of players represented ‘a growth of over 10 percent in
  two quarters’.
 The players themselves play for on average 20 hours per week –
  around four hours a day would be spent in Norrath, the virtual world
  of the game.
 for many players a ‘competition has arisen between Earth and the
  virtual worlds, and for many, Earth is the lesser option’ (Castronova,
  10).
          Castronova, Edward, "Virtual Worlds: A First-Hand Account of Market
          and Society on the Cyberian Frontier" (December 2001). CESifo
          Working Paper Series No. 618. http://ssrn.com/abstract=294828
          See also http://terranova.blogs.com/



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     myth 2: shallow leisure economies only…


Not necessarily – real-world economies affect the virtual…
 Lineage II, for instance, is played on Korean, Chinese,
  Japanese and English servers.
 Players on Asian-language servers have, according to
  Castronova, ‘invested much time to discover money and
  loot bugs … and are now moving into the newly-opened
  English servers [where there is considerable purchasing
  power] because the returns to exploiting the bugs are
  higher there’




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           myth 3: addictive Tolkien fantasies…

‘It's true that I would feel a lot of pain if I had to quit EverQuest but I think
that far from being the "menace" that I've seen EQ addiction made into, it's
actually a lot more healthy than (for example) people who come home in the
evening and spend 4 or 5 hours watching television. In EverQuest, I interact
with people, do creative things, think and strategize, and generally enjoy
myself. I think it's not much different than other forms of recreation with
friends and others. So no, I've never tried quitting. Why would I want to? I
enjoy spending time playing EverQuest, and I don't see it as fundamentally
unhealthy behavior.’ [f, 23]

‘I think that whenever you have the opportunity to interact with other people,
you have the opportunity to learn something. Everyone has something to
teach you, be it online or in person. After all, you learn from what someone
writes in a book, and you don't meet with the person in the flesh. Why would
online be any different? With as many people you interact with in EQ, how
can you not at least learn something? That I think is the reason I have played
EQ, the people that I meet.’ [f, 21]
        See "The Norrathian Scrolls: A Study of EverQuest" (version 2.5) by Nicholas
        Yee, 2001,at http://www.nickyee.com/eqt/report.html




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      myth 4: OK, seems fun but – learning?


‘It didn’t change my thinking, it did however change to a
minor extent my acting in real life. I have found it easier
to share and confront other people with my
thoughts...whether this is due to EQ or just me growing
emotionally I am not quite sure of though. A very positive
change indeed.’ [m, 30]

‘I believe I have matured in my interaction with other
people. When I first began playing I was rather hot-
headed and impatient. I've been playing over a year and I
think I've become more understanding of other people
and their points of view’. [m, 19]


       Glasgow Graduate School of Law   CALI, June 2004   9
                  myth 5: it’s about escapism…

No, it’s about social interaction & identity-choice:

  ‘VWs offer the essential human story of challenge,
  maturity, and success, but played out on a more level
  playing field. They offer life with an escape clause,
  because if things go wrong and you cannot walk or talk
  and everyone hates you, you can just start over. And
  they give you a freedom that no one has on Earth: the
  freedom to be whomever you want to be.’

       Castronova, op cit, p.10




           Glasgow Graduate School of Law   CALI, June 2004   10
        law student identity and legal practice


 The digital selves or avatars in EverQuest are used as
  extensions of self
 And is this not similar to aspects of identity-formation and
  use within the real world?
 In this sense, social psychology theories of identity within
  the real world such as symbolic interactionism (Goffman,
  etc) are highly pertinent to the analysis of avatars as
  identity-constructs, and as such, of interest to
  educationalists in professional legal education
 Compare this with the situation of the legal trainee,
  struggling with professional identity…



          Glasgow Graduate School of Law   CALI, June 2004   11
                            Simulations in legal learning…


 Are close to the world of practice, but safe from the (possible)
    realities of malpractice and negligent representation.
   Enable students to practise legal transactions, discuss the
    transactions with other tutors, students, and use a variety of
    instruments or tools, online or textual, to help them understand the
    nature and consequences of their actions
   Facilitate a wide variety of assessment, from high-stakes assignments
    with automatic fail points, to coursework that can double as a learning
    zone and an assessment assignment
   Encourage collaborative learning. The guilds and groups of hunters in
    Norrath can be replicated for very different purposes in legal
    education.
   Students begin to see the potential for the C in ICT; and that
    technology is not merely a matter of word-processed essays &
    quizzes, but a form of learning that changes quite fundamentally what
    and how they learn.



             Glasgow Graduate School of Law    CALI, June 2004       12
       web-based simulations at the ggsl


1. 256 students divided into 64 firms of 4 per virtual firm

2. Students & tutors see:
      student virtual firms – passworded office
       environments
      virtual community -- Ardcalloch
      discussion forums
      FAQs

3. Tutors are given:
      assessment web pages
      administration environments


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                               Transactional learning:
                                      personal injury
                                   negotiation project

Administration:
 254 students, 64 firms, 7 anonymous information
  sources
 64 document sets, 32 transactions
 students have 9 weeks to achieve settlement
 introductory & feedback lectures
 discussion forum
 voluntary face-to-face surgeries with a PI solicitor




        Glasgow Graduate School of Law   CALI, June 2004   32
           PI project: assessment criteria



  We require from each student firm a body of evidence
  consisting of:

 fact-finding – from information sources in the virtual
  community)
 professional legal research – using WestLaw +
  paperworld sources
 formation of negotiation strategy – extending range of
  Foundation Course learning
 performance of strategy – correspondence + optional
  f2f meeting, recorded

        Glasgow Graduate School of Law   CALI, June 2004   33
                                           Communication tools


 Facilitator administration page:


http://adex.law.strath.ac.uk/system/pitutorworkspace/

 Discussion forum


http://intranet.law.strath.ac.uk/DLP/Online%20Pojects/Form
   s/AllItems.aspx

 Collaboration tools




          Glasgow Graduate School of Law         CALI, June 2004   34
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                                                                                  PI project: fact-finding emails


                                                                         of emails s se nt by a c h f i firm
                                                       Total numberumbe r of Ema i lsent bye eachr m
                                                               Tot a l N


60                                                                                                                                                                                                        56




50

                         43

                              39
40                                                                                                                                                                                                                            36
               33                                                                                                                                       33
                                                                                                                                                   30
     29                                                                                                                                                                                                                  29
                                                                                                                                                                  28          28
30                                                     26
                                                                                            27
                                                                 25                                        25        25
                                             24 24                                               24                                                          24
                                                                            23                                                 23                                                                                                                    23
                                                                                                                          22                  22                       2222
          21        21                  21
                                                            20                         20                                                                                               20
                                                                                                      18                                                                           18             18 18                                     18
20                                 17                                                                                                    17
                                                                                                                                                                                                               15
                                                                                                                14                  14                                                                              14
                                                                       13
                                                                                                                                                                                                                                   12
                                                                                                                                                                                             10
                                                                                                                                                                                                                                        9        9
10                                                                                7




0
      1    2    3    4   5     6    7    8    9   10   11   12    13   14    15   16   17   18   19   20   21 22 23 24 25           26 27 28 29 30           31 32 33 34 35 36 37            38 39 40     41 42 43 44         45 46 47 48 49 50


                                                                                                                      Fi r m Number

                                                  Glasgow Graduate School of Law                                                                                       CALI, June 2004                                                  36
                PI project: correspondence timeline


    Key:
900
       1999-2000                                                                                       871
800    2000-2001
       2001-2002
700

600

500

400                                                                               406
                                                                                  346
300                                                                                                    310
                                                                        260
                                                              224
200                                                                                         197
                                                                                            198
                                                    169       168       155
                                                    134
100                          78        95
                   43        49        31
          29       13                                                                                             30
  0       2
      1        2         3         4            5         6         7         8         9         10         11
               Glasgow Graduate School of Law   Week NumberCALI, June 2004                             37
                                     PI project:
                 (some of) what students learned


   extended team working
   real legal fact-finding
   real legal research
   process thinking in the project
   setting out negotiation strategies in the context of (un)known
    information
   writing to specific audiences
   handling project alongside other work commitments
   structuring the argument of a case from start to finish
   keeping cool in face-to-face negotiations
   more effective delegation
   keeping files
   taking notes on the process...



          Glasgow Graduate School of Law    CALI, June 2004          38
PI project: what students would have done
                              differently…

‘Avoid excessive legal research. Our firm did more legal research that
was necessary and little of this was used in the negotiation.’

‘Be more persistent in retrieving information. If we failed to receive
response to requests for information, we did not pursue the matter.
In the future I would sent additional correspondence to obtain
information.’

‘Fix a definite closing date, on information gathered. […] this process
was potentially endless and it would have been a useful step.’

‘The exercise allowed us to simulate what is like to take control of a
situation we barely knew anything about and take it to its full
conclusion.’



         Glasgow Graduate School of Law     CALI, June 2004       39
PI project: what students would have done
                              differently…

‘In tackling this project I think that our group made two main
mistakes. The first mistake we made was in approaching the task as
law students as opposed to Lawyers. By this I mean we tried to find
the answer and work our way back. Immediately we were thinking
about claims and quantum and blame. I don't think we actually
initiated a claim until a week before the final settlement. I think the
phrase "like a bull in a china shop" would aptly describe the way we
approached the problem. […] Our group knew what area of law and
tests to apply yet we ended up often being ahead of ourselves and
having to back-pedal

The second mistake we made was estimating how long it would take
to gather information. We started our project quite late on and began
to run out of time towards the end. None of us appreciated the
length of time it would take to gather information and on top of this
we would often have to write two or three letters to the same person
as the initial letter would not ask the right question.’


         Glasgow Graduate School of Law    CALI, June 2004       40
PI project: what students would have done
                              differently…

‘At the beginning we thought we perhaps lost sight of the fact that we
had a client whom we had a duty to advise and inform. On reflection
we should have issued terms of engagement and advised the client
better in monetary terms what the likely outcome was going to be.’

‘[…] unlike other group projects I was involved in at undergraduate
level I feel that I derived genuine benefit from this exercise in several
ways:
  1. reinforcing letter-writing, negotiation, time-management and IT
     skills
  2. conducting legal research into issues of quantum
  3. working effectively in a group as a group - not delegating tasks at
     the first meeting and then putting together pieces of work at the
     second meeting.’



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                                          identity & change…


David:              People change.
George Parker: [look of astonishment] People change?
David:              Yeah
               [pause]
George Parker:      Can they change back?
David:              I don't know. I think it's harder

      Pleasantville, http://www.imdb.com/name/nm0001497/




         Glasgow Graduate School of Law       CALI, June 2004   42
                                          identity and change

In general, I feel that I have learned a lot from this project. We have
all had to learn how to communicate as a result of working in a team.
Although working as part of a group is not a new experience, having
to accept that some members are not going to pull their weight, is. It
was not an option to leave anyone out that was not participating, as,
if one member failed, all of us failed. We therefore had to use a
greater amount of tact and diplomacy than would otherwise have
been necessary.
It has also been valuable from a practical point of view, having been
thrown in at the deep end and having had to learn how to swim. We
had to make the decisions as to what was relevant and important,
what information we needed and the relevant law to research instead
of being spoon-fed. We were also forced to think about practical
aspects, not just the theory and as a result discovered what happens
in the real world.



         Glasgow Graduate School of Law          CALI, June 2004   43
                                           transactional learning


Transactional learning:
    Transactional learning is active learning.

    Learning to do legal transactions.

    Transaction + reflection.

    Collaborative learning.

    Holistic process learning.




          Glasgow Graduate School of Law          CALI, June 2004   44
                                Transactional learning:
                                  Private Client project

General outline:
 Students wind up the estate of a deceased client who dies
  intestate, via 4 assignments. Students drafted:
    Initial Writ
    Estate Valuation Correspondence
    Forms C1, IHT 200 & supplements
    a will
 Resources:
    no lectures, no exams: instead, tutorials and coursework
    50 scenarios
    virtual collection of the client’s estate
    online assessment & submission of assignments
    FAQ
    online tutor assessment




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Glasgow Graduate School of Law   CALI, June 2004   46

								
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