Is skills training through skills transfer, experiential learning and simulations the solution to the legal education crisis, and what curricular changes are required to deliver it?

Résumé

Numerous authors and commentators have observed that there is a legal education crisis in South Africa and that it is rooted in the fact that many law graduates, upon entering the legal profession, do not possess the practice-related skills required by the legal profession. This skills gap stems from the belief that, in law studies, theory and legal practice should be kept apart from each other and the fact that university law faculties are reluctant to shift their teaching method away from one based solely on doctrine to one incorporating skills training. Legal education is currently focused on a doctrine-based method, as law faculties believe that by teaching students how to analyse legislation and case law their preparatory obligation is fulfilled. As a result, law graduates are entering the legal profession without the skill-set required to practice law and represent clients proficiently. This journal article investigates how skills training could be incorporated into the existing LLB curriculum and how, through the use of skills transfer, experiential learning and simulation exercises, this could be achieved and subsequently the skill levels of law graduates can be improved. This journal article goes on to examine conceptual frameworks which can be developed and the adjustments that could be made to the existing LLB curriculum to close the skills gap by ensuring that students gain both knowledge of the law and the skills required to practise it and promote the achievement of socioeconomic equality in South Africa.

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