Experiential Learning in Law at the University of Hong Kong

Abstract

Legal education globally, and in Asia, has been undergoing significant changes in the past decade, requiring learners to ‘do the thing’ in real life and/or through simulations. In enhancing the interactivity and the degree of realism in students learning, some of these law schools have recently been taking advantage of experiential learning, with or without the aid of information technology. This paper showcases the experientialization of legal education, with necessary adaption and modification, at the University of Hong Kong by implementing pedagogical practices which have been proven overseas namely: (a) a clinical legal education (CLE) programme; and (b) standardized client (SC) interviews. Through an unprecedented empirical study of these experiential learning initiatives in Hong Kong, a common law jurisdiction in Asia, we argue that any sustainable transplant of pedagogical practices for legal education needs substantial adaptation to the regulatory regime and societal needs of lawyering in a specific jurisdiction. In addition, this paper sketches out directions for further refinement, as well as teaching and learning (T&L) research, of such practices. While the CLE programme and the SC interviews are highly regarded and well received by many including the students, we advocate for linking the two together by offering SC interviews as part of the training for the law students before they embark on interviewing real clients in the CLE programme. In terms of contribution to the scholarship of T&L, we call for an unprecedented empirical and comparative study of client communicative competence of law students both within the same jurisdiction (i.e. Hong Kong) and across different jurisdictions (including Hong Kong, UK and Australia) in their learning preparative to entry into the legal profession. The proposed study, specifically, seeks to fill important gaps left by legal scholarship by (a) assessing the level of competence in client interviewing skill based on standardized rubrics prescribed for SC interviews; and (b) identifying statistically significant factors (including, e.g., gender, age, first language, mode of study, career aspiration, possession of a non-law first degree, course selection and alike) that have impact on the client communicative competency of those law students. The hypothesis that student’s client interviewing skill is affected by student’s gender, education, cultural and linguistic background, if so verified, will be a discovery in the field which (a) will be useful in assisting law schools to develop and improve strategies and pedagogic practices in devising their professional training of client interviewing skill via the SC interviews, and other aspects of communicative competence, that adapt to their jurisdiction-specific needs; and (b) may even be further tested and inform professional education for other occupations in professional services.