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![PI transaction: 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.’
Professor Paul Maharg 23](https://image.slidesharecdn.com/hkopenlecture-workshop1-120508081456-phpapp02/75/Hong-Kong-Law-Faculty-SIMPLE-presentation-23-2048.jpg)
![PI transaction: 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
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.’
Professor Paul Maharg 24](https://image.slidesharecdn.com/hkopenlecture-workshop1-120508081456-phpapp02/75/Hong-Kong-Law-Faculty-SIMPLE-presentation-24-2048.jpg)
Hong Kong Law Faculty SIMPLE presentation
The document discusses the SIMPLE simulation platform and its uses in legal education. It provides an overview of what SIMPLE does, including enabling personalized learning, collaborative learning, and use of simulations. It then describes three case studies where SIMPLE has been used, including a personal injury transaction simulation at Strathclyde University Law School. Students learned skills like legal research, negotiation strategies, and teamwork through participating in the simulation. The document evaluates the personal injury simulation and what students felt they could have done differently.
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Hong Kong Law Faculty SIMPLE presentation
- 1. Is SIMPLE that simple? Professor Paul Maharg
- 2. preview Part 1 Somebackground theory What does SIMPLE do? Three case studies: Personal Injury Transaction (Strathclyde U) Torts Project (Glamorgan U) Management Science Project (Strathclyde U) Part 2 Discussion: drivers & blockers to creating and using simulations Professor Paul Maharg 2
- 3. signature pedagogies (LeeShulman) Sullivan, W.M., Colby, A., Wegner, J.W., Bond, L., Shulman, L.S. (2007) Educating Lawyers. Preparation for the Profession of Law, Jossey-Bass, p. 24 Professor Paul Maharg 3
- 4. transforming the pedagogy…? Professor Paul Maharg 4
- 5. What does SIMPLEdo? Professor Paul Maharg 5
- 6. simulations… Are closeto 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 players in multi-player online games can be replicated for very different purposes in HE. 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. Professor Paul Maharg 6
- 7. transactional learning…? A modeof learning knowledge, skills, values, ethics: active learning through performance in authentic transactions involving reflection in & on learning, deep collaborative learning, and holistic or process learning, with relevant professional assessment that includes ethical standards Professor Paul Maharg 7
- 8. general aims ofthe SIMPLE platform personalized learning in a professional environment collaborative learning use of simulation spaces in programmes of study, and the relation between simulation spaces and other learning spaces on a programme, including paper- based and online resources, face-to-face classes, and administration use of rich media in online simulations – video, graphics, text, comms., etc. authenticity in the design of simulation tasks, and effective assessment of professional learning Professor Paul Maharg 8
- 9. what has theSIMPLE project done? Provided academic staff in UK universities with software tools to design and build simulations and collate all of the resources required Developed teaching, learning and assessment templates, including curriculum guidelines Enabled communication between students and simulated characters/staff Enabled monitoring and mentoring functions Evaluated student and staff experiences in using the simulation environment Professor Paul Maharg 9
- 10. currently in use… Discipline Degree programme Institution Architecture BSc (Hons) / year 3 Strathclyde U. (1) Management BA (Hons), year 1 Strathclyde U. (1) Science Diploma in Legal Practice, Law Strathclyde U. (6) p/g Law LLB, year 1 + p/g Masters Glamorgan U. (2) Law JD, years 2 & 3, p/g U of New Hampshire (2) Diploma in Legal Practice, Law Australian National University (4) p/g Professor Paul Maharg 10
- 11. SIMPLE - whatis it? SIMPLE has two parts: Toolset Enables academic member to build simulation ‘blueprint’ and collate all the resources required for the sim Provides potential for simulation import / export Platform Students work with each other and staff in transactions Allows for highly structured, closed boundary simulations as well as loosely-structured, open-field simulations Professor Paul Maharg 11
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- 13. virtual town directory(optional) Professor Paul Maharg 13
- 14. map of virtualtown (optional) Professor Paul Maharg 14
- 15. supports bounded andopen transactions Bounded field, ie transaction tends Open field, ie transaction tends to… to… 1. Learning outcomes Precise learning outcomes, with Bodies of evidence required to be produced (LOs) & assessment simulation tasks based closely on to benchmark standards, but less emphasis outcomes – pre-defined LOs on pre-specified outcomes 2. Alignment with Teaching is aligned with tasks & Teaching is provided where needed traditional learning outcomes, often according to an according to learners’ needs, often & teaching methods academic structure, eg lecture-seminar; according to a professional, just-in-time learning is heavily ‘pushed’ by curriculum learning structure; learning is ‘pulled’ by structure learners 3. Operational model Linear domain procedures, eg predictable More varied, open or diffuse domain document chain – more operationally procedures, eg transactional guidelines but predictable no specific document chain – less operationally predictable 4. Student outputs Specific documents, drafted to specific Procedures that involve a variety of standards, eg initial writ; fixed or correct documentation, or documents that cannot versions expected as student output be specified easily in advance, eg negotiated agreements; various versions acceptable 5. Resources Resources are tied closely to tasks and Simulation resources are not linked to learning outcomes – highly model-driven tasks; learner needs to structure transaction through interactive querying of resources – highly learner-driven Professor Paul Maharg 15
- 16. Case study 1 Personal Injury Transaction @ Strathclyde University Law School Professor Paul Maharg 16
- 17. personal injury transaction project Administration: 272 students, 68 firms, 8 anonymous information sources – PI mentors 68 document sets, 34 transactions Each scenario has embedded variables, called from a document server, making it similar, but also unique in critical ways students have 12 weeks to achieve settlement introductory & feedback lectures discussion forums FAQs & transaction guideline flowcharts voluntary face-to-face surgeries with a PI solicitor Professor Paul Maharg 17
- 18. PI transaction: assessmentcriteria 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 meetings, recorded Professor Paul Maharg 18
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- 22. PI transaction: (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... Professor Paul Maharg 22
- 23. PI transaction: whatstudents 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.’ Professor Paul Maharg 23
- 24. PI transaction: whatstudents 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 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.’ Professor Paul Maharg 24
- 25. PI transaction: tempo& complexity Professor Paul Maharg 25
- 26. PI transaction: tempo& complexity Professor Paul Maharg 26
- 27. Case study 2 Torts@ Glamorgan University Law School Professor Paul Maharg 27
- 28. why a simulation? Staff wanted the students to be able to: research law of negligence and relevant statutes, and levels of damages identify issues to follow up, draft letters, complete file notes, conduct meetings. Staff would respond as senior partner to provide feedback at each stage. Professor Paul Maharg 28
- 29. why a simulation? Students had to be ‘signed off’ by their senior partner before moving on to next stage. Some had to attempt tasks more than once. Students had to interpret facts, research and apply the law themselves. Students had to reflect on the legal process and the law itself in their logs at the end of the simulation. Professor Paul Maharg 29
- 30. Torts module: thecontext Used as a coursework worth 40% of module for first year law students. Year-long module: transaction took place during almost all of term 2. Lectures were given, but formal tutorial sessions were suspended. 120 students, 27 teams of usually 4. Professor Paul Maharg 30
- 31. the simulation story Based on a fictional Welsh University called the University of Cymfelin. Estates employee has an accident falling down steps at work. Now seeks personal injury compensation under the law of negligence. Students expected to represent the claimant Stephen Jones orthe defendant University. Professor Paul Maharg 31
- 32. The step Glamorgan simple 32 Professor Paul Maharg 32
- 33. the process ModifiedStrathclyde’s PI scenario They started the process over an academic year in advance. The torts team of three staff met regularly to write the materials. They did not receive any help IT-wise from within the University apart from being given an web address. Professor Paul Maharg 33
- 34. outline of theproject story They identified four states or stages: 1. Introduction – getting started (two weeks) 2. Detailed research – researching facts (three weeks) 3. Negotiation phase – between teams (two weeks) 4. Resolution – reaching a conclusion (two weeks) Professor Paul Maharg 34
- 35. forms of assessment One group project – the project was preserved electronically but staff asked students to print out their documents and submit as a group. Individual log – allowed them to reflect on the process, their contributions, what they thought of the area, any group issues. Project supported on Blackboard. Professor Paul Maharg 35
- 36. Plans We thenconstructed swim lanes: Glamorgan simple 36 Professor Paul Maharg 36
- 37. The tools Westarted by setting up blue prints. Glamorgan simple 37 Professor Paul Maharg 37
- 38. roles were identified Glamorgansimple 38 Professor Paul Maharg 38
- 39. resources were loaded Glamorgansimple 39 Professor Paul Maharg 39
- 40. Narrative Event Diagramconstructed Glamorgan simple 40 Professor Paul Maharg 40
- 41. what happened…? Onlytwo teams failed to complete. Little group work fall out. Students not good at hitting the interim deadlines for each stage. Negotiation phase did not work well. Had to go to Plan B. Uplift in course work results AND examination results Students did not really work in the classrooms, they went off to the IT labs. Some students stepped out of the electronic environment during the negotiation stage. After stage one, work very well drafted. Imaginative engagement with material. Professor Paul Maharg 41
- 42. problems…? Very time-consuming to write but this should improve. Karen made mistakes in construction. Software issues which some students took badly. No html software so unable to product the background web sites for characters. Professor Paul Maharg 42
- 43. benefits…? Unexpected upliftin examination results. Students responded well to pressure and liked the constant feedback. Students threw themselves in to the role play and expected fast turnaround. Staff able to simulate a variety of roles. Students able to actively engage with subject matter – they liked the project. No issues of plagiarism. Professor Paul Maharg 43
- 44. the downside Don’tunderestimate the front loading in terms of writing the materials and loading the tools. Students expect you to respond quickly. People-resource intensive, more so in year 1. Think about hosting issue. Professor Paul Maharg 44
- 45. Case study 3 ManagementScience @ Strathclyde University Business School Professor Paul Maharg 45
- 46. Management Science ManagementScience 1 class: 140 students in their 1st year. Student can take the class as an elective or as one of their main subjects. Honours year student given project to develop a suitable concept and then build scenario as honour year dissertation. Professor Paul Maharg 46
- 47. what did theydo? Scenario involved assuming the role of a business consultant: PVA Consulting “Providing Real Business Solutions since 1989” The client was a record company, Real Records, based in the Glasgow area and interested in running a music festival in the city. Client needed a critical path project plan produced for the planning, organisation and running of the festival. Professor Paul Maharg 47
- 48. Real Records OrganisationalChart Real Records Glasgow Office Finance Director Operations Director Marketing Director Sales & HR Director Accounts Operations Marketing Sales Manager HR Manager – Manager Manager – Ian Manager – – Position Jacqui Speirs Brown Sarah Evans Vacant Financial Sound Operations Marketing Sales Assistants HR Assistants Planner – Engineer – Assistants (x3) Assistants & (x2) (x2) Andrew Barry Stevens Promoters (x5) Jackson Finance Assistants (x2) Professor Paul Maharg 48
- 49. what was theformat? Individual assignment Group Project Staggered activities Start in week 6 Questions by end of week 8 Polar task at start of week 9 Presentations in week 10 tutorials Professor Paul Maharg 49
- 50. how did theydo this? Honours student developed scenario under supervision Uploaded the scenario, inputted all the admin (Approximately 5 hours to load users and simulations) Introductory session for tutors (1 hour) Introductory session for students in tutorials 3 tutors and Helyn (academic) ran the scenario, each taking between 3 and 8 groups. (between 0.5 - 3 hours each week for 3 weeks) Student presentations in tutorials Professor Paul Maharg 50
- 51. how did itgo? Use of the system a little variable Student engagement with issue fairly high – scenario seemed popular Negative feedback confined to traditional group issues rather than system Excellent in introducing realistic information retrieval Standard of work/reports better than last year No technical problems System efficiency opportunities A significant improvement on SBG Professor Paul Maharg 51
- 52. plans for thefuture? Additional websites and information needed Use of variables More tutor resources Different format of tutor resources Possibly semester 1 group activity? New scenario for 1st year Business Technology Project. Professor Paul Maharg 52
- 53. key lessons learned The scenario idea is the most important part It doesn’t need to be complex or ambitious to be effective - keep it simple the first year you try it to get the hang of the approach The materials and prep for tutors is key Professor Paul Maharg 53
- 54. final words: 7practical tips from staff… Start with a simple scenario for the first attempt. Run a pilot before letting students loose on it. Don’t underestimate the skills you might need to get things up and running. Begin the process of developing the scenario as early as possible. Think in advance about how sim responses will be managed ie when/who/how often: set clear guidelines to students about how this will work. Allow time to familiarise yourself with both the technological aspects ie using the tools, and also with new concepts such as the Narrative Event Diagram. Plan & organise well in advance Professor Paul Maharg 54
- 55. transformational pedagogies Beyond Text: TheArts and the Legal Academy, volume 1. Zen Bankowski, Maks del Mar, Paul Maharg Ashgate Publishing 2012 Professor Paul Maharg 55
- 56. resources SIMPLE http://simplecommunity.org Simshare: http://www.simshare.org.uk http://www.ukcle.ac.uk/projects/past- projects/simshare/ More information: http://paulmaharg.com Professor Paul Maharg 56
- 57. more information @ http://paulmaharg.com Acknowledgments: SIMPLE team Karen Counsell for case study 2 Helyn Gould for case study 3 Professor Paul Maharg 57
Editor's Notes
- #8 Transactional learning is active learning, not passive. In that sense, we want students to be involved in activities within legal actions, rather than standing back from the actions and merely learning about them. transactional learning goes beyond learning about legal actions to learning from legal actions we aim to give them experience of legal transactions. Transactional learning involves thinking about transactions. It includes the ability to rise above detail, and "helicopter" above a transaction; or the ability to disengage oneself from potentially damaging views of the group process, and re-construct that view Students are valuable resources for each other. Collaborative learning breaks down the isolation and alienation of what might be regarded as isolated or cellular learning. There is of course a place for individual learning, silent study, and the like. But students can help each other enormously to understand legal concepts and procedures by discussing issues, reviewing actions in a group, giving peer feedback on work undertaken in the group, and so on. And perhaps what is even more important is that they begin to trust each other to carry out work that is important. In other words, students begin to learn how to leverage knowledge amongst themselves, and to trust each other’s developing professionality (learning about know-who, know-why, as well as know-what within the firm). Often, we have found, if there are firms that are not producing good work or keeping to deadlines, it is because they do not know how to work together effectively; and this often arises from a lack of trust. Transactional learning ought to be based on a more holistic approach. Allowing students to experience the whole transaction- and all the different parts- not just the actual procedure but how this may affect the client and how you may have to report this to the client. Transactional learning of necessity draws upon ethical learning and professional standards. There are many examples of how students have had to face ethical situations within the environment – some are ones where we have created a situation with an ethical issue- others have arisen unexpectedly. E.g mandate example ( if time) 7 & 8: Students are taking part in a sophisticated process that involves taking on the role of a professional lawyer within the confines of the virtual town and firm. In order to enhance the learning experience they must be immersed in the role play- and to do that they must be undertaking authentic tasks. Research suggests that when students are involved with online environment similar to the virtual village- that these authentic settings have the capability to motivate and encourage learner participation by facilitating students ‘willing suspension of disbelief’. This allows them to become immersed in the setting.
- #9 The project aimed to address the educational and management issues of implementing an environment such as the one we have just demonstrated to you. These have been identified elsewhere in this presentation and are brought together this slide. Personalized and collaborative learning, how you use a simulation project and how this relates to other modes of learning, use of rich media and finally the matter of creating an authentic environment with authentic tasks.
- #10 So what are we doing in the project: We are creating- indeed have created – tools which allow academics to build simulations similar to the one you’ve seen here. These can be highly structured, closed boundary simulations as well as loosely-structured, open-field simulations We’re developing guidelines for academics, support staff, IT staff and students. There is a tool for the creation of the map and directory and communication tools. We are mentoring a number of partner projects and also evaluating the experience for future users.