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IMPACT OF COVID-19 ON LEGAL EDUCATIONTapas Upadhyay
Asst. Professor, Daly College of Business Management, Indore Prachi Bansal
Law Student, Renaissance Law College, Indore
Abstract: Legal education is an important tool in creating good law professionals in a country who can assist in providing justice to needy people in the court of law. Legal education is a key which helps in connecting people to society and its cultural and political aspects which keeps on changing with the change in time therefore to cope up with such instant changes there is a need to change in pattern of education by upgrading its quality and standards. The present Covid-19 situation witnessed a similar unexpected change in society as well as in legal education system across the globe therefore this paper aims in examining the impact of Covid-19 on legal education in regards to the acceptance and rejection of new learning methodology by students and teachers as well as the role of different organizations in India for making everyone adapt the new normal situation of pandemic with feasible pattern in delivering legal education to the students. The paper also tries to analyze whether there is a need to switch over to the traditional methods of teaching law in India by discarding the new learning methodology.
Keywords: Covid-19, Legal Education, New Learning Methodology, Digital Learning System
1. INTRODUCTION
Legal education is a branch that deals with providing legal knowledge to the people seeking such education and giving them a power and knowledge to fight for justice in the court of law for the people seeking such justice and also it serves a gift to the people by creating good law-abiding citizens in the society. Legal education also provides ability to law students for fulfilling different roles in society and discharging various law jobs. The range and scope of which is always expanding in the modern democratic society; for example- role of Policymakers, Lawyers or Advocates, Law Teachers, Administrators, etc. The history of Legal education in India had started during British period a time much before India gained its Independence in 1947 where law courses were introduced at Hindu College in Calcutta and Elphinstone College in Bombay. The primary aim of which was to equip law students with enough legal knowledge that they could help the lower courts and the High Courts in the administration of justice. The new normal digitized learning system in legal education during pandemic has created a big revolution in today’s era which can be termed as “fourth generation reform” here most of the law colleges and universities have started online classes for students as the primary mode of education. Further, many of them have also started evaluation of students for various courses during this time using online platforms.
2. REVIEW OF LITERATURE
Angelos, et.al (2020) opined their concern about bar exam 2020 for giving opportunities to continue licensing new lawyers amongst Covid-19.They also shared a study where employers rely heavily on new lawyers to meet client needs therefore about 48.6% of the graduates amongst 24,398 of American Bar Association (ABA) accredited law schools took jobs that required bar admission. They also introduced 6 licensing options for lawyers in 2020 such as-Postponement, online exams; exams administered by small groups,
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emergency diploma privilege and supervised practice. Ashford(2020) opined that the E- learning system & social media has helped to reduce & fight with the challenges coming through our ways because of Covid-19 situations. Dhanda(2020) highlighted that the pandemic has provided opportunities to the left-out communities in classroom rules and has given a chance to the educators to utilize the asset that lecture recordings are and modify curricula in a way that incorporates all the necessary upgraded knowledge to the students.Guilfoyle(2020) opined those students have limited bandwidth their studies due to limited technological resources at remote areas and also academicians had to recreate & replan the teaching material & syllabus with basics as it was planned for several years back so as to keep it simple & straightforward for online experience. He had also recommended a reformed idea with relevance to reading, listening or watching, reflecting & assessment of the students for the course.Jena (2020) in a study concluded that most of the educational institutions had been closed & moved toward online learning whereby almost 30crores scholars & learners stopped moving educational institutions, besides higher education institutions have reacted positively & manage to ensure the continuity of teaching learning, research & service to society with some tools & techniques during pandemic.Kohli &
Saxena(2020) in a case study focused on online &skill-based education based on basic &
advance technology also their data-based study showed that online learning has proved the potential to enhance & retain information to students. They also introduced some online classroom platform who are working to educate the students at their doorstep. They also concluded that organizing demo classes of E-learning platform to gain better understanding about the application like Google classroom, Zoom& Class maker would be a better option for students and teachers and there is a need to redesign & reorganize the labs &
workshops in the educational institutions.Kumar, Mishra and Prakash(2020) in a research study advocated for adopting a common law entrance exam in an online format during Covid-19 for admission to law schools so as to enable the students aspiring to pursue legal education and concluded that the Indian law schools need to demonstrate leadership, innovation, initiative & proactive planning so that the current public health crisis does not develop into educational planning crisis.
Sundquist(2020) through a study focused on Covid-19 pandemic on legal education
& posits that the combined forces of the pandemic, social justice awareness & technological disruption will forever transform the future of legal education & practice However, it was also concluded that social & technological forces will likely to continue the impact on legal education with hybrid online learning, facility of online courts & virtual dispute resolution system & opportunities for expanded experiential learning with social & racial justice with this it was also suggested for the students to engage in high level critical analysis, exercising independent judgment analysis of legal problems, providing creative solutions to complicated problems, virtual advocacy on client’s behalf and interacting to diverse range of persons with deep understanding.
Sutton(2020) in a study discussed about a survey study done to observe the obstacles &
attitude concerning online learning due to Covid-19 transition of law students which showed that, 49% of the students have to move from their physical location, 60% lacked financially & 40% lacked reliable internet, 10% were impacted with the disease, 36% of the students were less interested in taking online classes in future & 17% reported their interest in online future classes. Also concluded that based on students response online
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courses for law schools will likely be the new normal whereby law schools offering online courses will experience an uptick in enrollment. Charniya(2021) opined about the solutions for law students in regards to the problems occurred in legal education due to pandemic such as use of different instruments available online to reduce the problem of physical presence by students, proper planning, preparation & attention to detail can solve the issue of students’ engagement to the course. Also, regular communication, case studies or short moot problems at the end of the class will benefit the students to keep them encouraged in the class. Also, an open book exam with questions requiring critical thinking will enable the practice of rote learning amongst students However; pandemic provides a flexible opportunity to self-learning by utilizing time & energy in doing miscellaneous tasks to enhance self-upgradation with online lectures & classes or regular studies.Dutton & Mohapatra (2021) in a study remarked a contradictory statement for those who suggests E-learning or emergency learning product a substandard one & cautioned against the negative conclusion about the efficacy of E-learning system by conducting a research study and has termed online education as “emergency remote teaching”. They also guided on developing & implementing on effective asynchronous distance learning course for law students in the following ways; By expanding online offerings with ABA approval, Synchronous courses and Asynchronous courses. Kuris(2021) in an article published in US news opined that Despite the efforts of administrators & professors on virtual education in law, students have disappointment of felling short of full law school experience although LSAC a council for conducting LSAT exams, had replanned the exams digital system & also has provided assistance to the students in respect to arrangement of resources but still Covid-19 has made a negative impact for the future job opportunities by raising challenges with the education system. Walsh&Lintal (2021) in a study discussed about the positive impact of virtual experiential education & the benefits made in utilizing remote learning technology and offers to continue virtual or hybrid legal practice & virtual experience learning for the modern law students they also concluded by stating certain modifications to fight with the challenges in learning such asVirtual clinic best practices and Virtual internship best practices.
3. OBJECTIVES OF THE STUDY:
The research study on impact of Covid-19 in legal education is for the following reasons:- 1) To identify the acceptability of new methods of learning in legal education during Covid- 19 and to assess the effect of such learning and teaching methodology.
2) To evaluate the opinion of teachers & students in new learning methodology.
3) To determine the challenges & opportunities in legal education with reference to new learning methodology
4) To determine the future aspects relating to new learning methodology.
6) To find the strategies in order to overcome the challenges in new learning methodology
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NEGATIVE IMPACT OF COVID 19 ON LEGAL EDUCATIONYEAR TOPIC AUTHOR(S) RESULTS and FINDINGS
2020 The Covid-19 Pandemic, Accommodations and Legal Education
Dhand -The barriers law students with disabilities face with accessing appropriate accommodations during Covid-19 also discussed about intersectional nature of discrimination held with students of disability and given various approaches to law professors and law schools that they can adopt to address those barriers. Concluded by suggesting to prioritize disabled law students in crisis planning so as to increase accessibility, diversity, inclusion and equity in legal education.
2020 Analyzing
TheEffects of Covid- 19 on Legal Pedagogyand Scholarship: A Hurly-Burly in Five- and- a- Half Parts (a collage within a collage?)
Dwight -Covid-19 has created flaws in legal education
-The centralized decision making is more related to innovative theories and less to student realities.
-The adoption of assignment system for promotion of students had unintentionally burdened up the students with excessive expenditure cost and loaded assignment from each class at a time.
-Shift to online classroom learning has created inequality amongst the students on the basis of availability of resources.
2020 Online learning and education for all during and after Covid-19 pandemic
Singh -The inequality caused due to increased use of online learning and teaching system such as
-The new initiative of digital learning is creating a digital divide on the ground of rural and urban and rich and poor amongst students.
-Students and teachers are struggling in accessing online platforms due to following reasons:
Financial constraints
Non-ability to access internet by students
unavailability of physical space at home
discrimination against girls as are expected to do household chores instead attending morning classes
In rural areas boys are expected to work in family farmlands.
-She concluded by suggesting government to come forward with policy perspective on post Covid-19 response to education so as to address the specific academic and psycho social needs of students.
2021 Impact Of Covid-19 pandemic upon Legal Education
Ashad -Covid-19 had made a negative impact due to continuous postponement of exams and irregular studies and are forced to leave traditional way of learning and inability to gain practical exposure.
-The new BCI guideline of online classes might had affected well with prominent law institutes/universities and even at national law universities but the guideline became less-ineffective in tier 2 or tier 3 cities where the institute has to bear a good cost related to internet speed and technological applications and also shared the difficulty to the teachers in getting well versed with modern technology.
-Hindrance in gaining practical experience to the students due to Covid-19
-Although some measures are taken globally by raising funds to help students in collecting the resources for online education.
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2021 Impact of Covid-19 on
legal education Lassey -Students are unable to access adequate online legal database
-Insufficient volumes of law reports in libraries or e- libraries
-Unequal access to technological tools and internet connection affects the online learning space
-Lack of technological gadgets creating barrier for students in attempting online exams properly.
-Women in low- or middle-income earning countries such as Ghana have 10% less mobile phones and 26% less mobile internet then men creating gender disparity in legal education.
POSITIVE IMPACT OF COVID 19 ON LEGAL EDUCATION YEAR TOPIC AUTHOR(S) RESULTS and FINDINGS
2017 Will E-Learning Work in Legal Education? What the Scientific Research Says
Thalheimer The effectiveness of learning can majorly be seen through the methods of learning and also concluded through the research findings that if E- learning and classroom learning blended together will give better results than utilizing it individually.
2020 Covid-19 Overhauls Legal Education Breaching its Long-Fortified Walls
Bhattacharjee -Covid-19 has made a positive effect on legal education and has compelled Indian academics to reconsider the pattern of law education through E- learning.
-BCI’s direction to law education institutes for online classes and online examinations have given a breath taking speed to digital learning in Covid- 19.
-Covid-19 has promoted students to study in their home country now resulting in domestic legal system development.
-A need to create lucrative opportunities to attain global standards by E-learningand technological benefits.
-Virtual teaching and learning should grow more with extra –curricular activities giving relevance of virtual shift in court proceedings.
2020 Post- Pandemic Legal
Education Cohen (published
in Forbes) -Covid-19 had brought certain opportunities with E- learning policy in legal education.
-Post pandemic legal education will be re-imagined with lots of advantages and opportunities to enhance legal skills and creating global opportunities for legal education. Covid-19 will turbo-charge new models to accelerate the pace of survivor’s modernization.
-The new legal education paradigm will give variety of opportunities for students resulting in wide array of career paths in the industry and beyond.
-Post pandemic legal education system through digital learning will lower education cost and increase opportunities and choices for students.
-The new legal education portends a brighter day for students and will upgrade the pattern and quality of legal education.
2020 Changes in Content of Online Teaching in pre and during Covid-19 Era: A Comparative Analysis in Private School Setup in India
Kaur -The spread of Covid-19 has shown a sudden exponential boom in online teaching where it is now considered as the only pedagogical process rather than an aid to teaching- learning transactions.
-Kaur did a comparative analysis relating to the changes in various aspects of online teaching before and during Covid-19 and concluded that most of the educators acknowledge the benefits of online teaching while others miss human touch and personal connection with their students.
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2020 Reimagine the Pedagogy of Law Education in the Post Pandemic Period
Dari -Pointed out some of the benefits of Covid-19 on Legal Pedagogical System
-Increase in practical approach -Boosting technology
-Promoting Interdisciplinary approach.
4. FINDINGS
The thorough studybased on review of literature has provided a deep insight on various outcomes relating to the impact of Covid-19 on legal education which are as follows-
1. The study revealed that the new learning methodology in legal education during pandemic has created new opportunities in exploring legal educational resources and knowledge at a global level. However, some traditional internship programs are still required to be introduced with online internship programs providing wider
opportunities to students to take practical experience online.
2. The study also revealed the role of BCI and UGC in changing teaching and learning pattern with the sudden change in situation due to pandemic, which has given a breathtaking speed to digital learning in Covid-19 and also managed the system by planning new policies and providing feasible examination options to the students and teachers to keep steadiness in legal education system.
3. The study also revealed some of the positive aspects in relation to the use of current legal education system in post pandemic era but only after merging it with the traditional learning methods to enhance the quality of providing legal education to the students in home country as well as in global region.
4. The study has also revealed that the new learning methodology introduced during pandemic will prove itself a good option in providing aid to the education system in case such educational crisis arises in the future.
5. The study has also showed the appreciable measure taken by LSAC in providing assistance to students with regard to the arrangement of resources for the students appearing for LSAT exams.
6. However, with this study it was also found that unstable internet connections, ineffective study environment, the new inequality amongst students in taking proper education due to lack of availability of resources and gadgets, strenuous process in accessing library resources, limitation of time in preparing new curriculum and lack of personal connection amongst students and teachers are some of the major challenges yet to be overthrown with the new legal education system.
7. The study has also shown the rise of inequality on the basis of gender, place of residence and financial status in providing legal education with the new learning methodology during pandemic. Although, such challenges can be subdued with making required modifications regularly for which the educational organizations and teachers are working
8. The study has also introduced the new teaching method one can use in providing best legal education during pandemic such as online clinical legal education, synchronous and asynchronous education system etc. which results in encouraging digital learning policy in legal education system.
5. WAYS TO OVERCOME CHALLENGES
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The study has provided with some deep insights on ways to overcome the challenges occurring in the new learning methodology during Covid-19 pandemic in legal education with reference to Singhvi’s study presented in 20211. Preparing a creative and flexible curriculum by introducing topics like justice delivery system, legal writing and alternative dispute resolution in national course module.
2. Creating a pilot program on alternative remuneration scheme with public private partnership to attract expertise law teachers in serving legal education.
3. Introducing technological tools of research with best knowledge resources to increase e-library accessibility for students, teachers and researchers.
4. Introducing online internships and post degree placements as national scheme will overcome to overcome placement issues for students.
5. Introducing lecture scheme by expertise senior practitioners, judges, advocates and law professors in law school at national level.
6. CONCLUSION
Legal education is one of the most popular courses in education sector which helps in creating legal professionals by empowering them in serving the people of their country in providing assistance to seek justice in different matters arising in the court of law.
Law schools and pattern of delivering education is an essential part in creating good professionals in any country therefore different reforms are made at times required to raise the standard and quality of legal education, one such revolutionary change has happened during Covid-19 pandemic in ways of delivering education with relevance to online learning methods in legal education sector.
There is no argument for negative consequences of Covid-19 in legal education but at the same time equal opportunities has also been provided for the students and if such consequences be removed in coming times and new learning methodology applied with the traditional method then this blending will create a big opportunity in upgrading standards for legal education.
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