Continuing Legal Education
Continuing Legal Education
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Government of India
Ministry of Law and Justice
(Department of Justice)
Under the Scheme for Action Research and Studies on Judicial Reforms, financial
assistance is provided for undertaking action research (evaluation / monitoring
studies, organizing seminars conferences / workshops, capacity building for research
and monitoring activities, publication of report/material promotion of innovative
programmes / activities in the areas el Justice Delivery, Legal Research and Judicial
Reforms. The objectives of the scheme are to promote research and studies on the
issues related to the National Mission for Justice Delivery and Legal Reforms being
implemented by the Department of Justice.
Principal Investigator
Academic Associates
Dr Tariq Ashfaq
Mr Akhilesh Singh Butola
Ms Debolina Paul
Ms Anupama Bhardhwaz
Ms Omi Kumari
Submitted to:
Ministry of Law and Justice
Government of India
June 2021
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Disclaimer
This study has been prepared for the Department of Justice, Ministry of Law and Justice,
Government of India, by the Centre of Excellence for Public Policy and Government, Indian
Institute of Management Kashipur. The generous funding support provided by the Department of
Justice, Ministry of Law and Justice, Government of India is gratefully acknowledged.
The designations employed and the presentation of the material in this publication do not imply
the expression of any opinion whatsoever on the part of the Department of Justice, Ministry of Law
and Justice, Government of India. The views expressed in this publication are those of the
researchers and do not necessarily reflect the views of the concerned Ministry.
This report has been issued without formal editing. Contents of this study may not be quoted or
reproduced for public dissemination without the consent of the Department of Justice, Ministry of
Law and Justice, Government of India
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FOREWORD
I am happy that the Centre, with funding from the Department of Justice, Ministry of Law and
Justice, Government of India, could undertake a study of the diverse and alternative models
of Continuing Legal Education (CLE) to examine the potentials of Massive Open Online Courses
(MOOC) platforms for the lifelong professional development of advocates in India.
We sincerely thank the Department of Justice, Ministry of Law and Justice, Government of
India and its officials for giving us this opportunity to work on this important national project.
The outcome of this study, I am sure, will provide all concerned with crucial insights into
performance evaluation processes in the judiciary.
I would like to thank Prof K M Baharul Islam, Principal Investigator and his team for their
commitment and dedication to this project.
PREFACE
For lawyers, legal education is invariably seen as a pre-qualification for getting a licence to practice
in India. The idea of ‘continuing’ legal education or periodical updating of professional knowledge
is almost absent among lawyers except for a few self-motivated ones. Ironically, the legal
profession is a very dynamic field where laws and their applications change every day. A lawyer
needs to be aware of those changes to serve their clients successfully. A systematic approach to
Continuing Legal Education (CLE) linked the professional licencing standards, as prevalent in
many parts of the world, would perhaps go a long way to enhance professionalism among lawyers
and improve their performance and legal service quality. In an ever-changing world of work, the
legal services rendered by the Advocates requires a level of competence that can only be gained
by ‘continuing’ to upgrade the knowledge and skillsets of the lawyers. Specific specialisations say
in an area like environmental laws, are also an increasingly sought after value addition to the
Advocates as more and more such cases will be brought by clients. In the present day scenario,
there is a need for such specialisations in particular fields of law.
These were the thoughts that propelled us to undertake this project with support from the Ministry
of Law & Justice, Government of India. We found that it is going to a collaborative mission for all
the major stakeholders – lawyers, judges, the Bar Council of India (BCI), Bar Association,
governments, law colleges, universities to provide a seamless flow of opportunities to offer to
continue professional legal education in the country. The BCI and the academia and the bar
members can join hands to provide continuing legal education to the Advocates to make them
enriched professionals who will be more competent and ethical practitioners.
It is indeed praiseworthy to note that some of the national law universities in India have already
started to offer many such CLE programmes. They offer various paralegal and legal education
programmes, particularly in the field of new emerging areas like Cyber laws, Intellectual Property
etc. However, attending such regular programmes is very difficult for practising lawyers. Hence,
such CLE courses must be delivered online through various Massive Open Online Courses
(MOOC), an emerging model for delivering CLE online to any person who wants to take a course,
with no compulsion to leave regular practice in court be physically present in a classroom.
ACKNOWLEDGEMENTS
At the very outset, let us put on record that we are indebted to the Ministry of Law & Justice,
Government of India, for sanctioning this action research project to IIM Kashipur.
We also thank Sri Karmanye Thadani, President of Citizens’ Foundation for Policy Solutions
(CFPS), a Delhi-based public policy think-tank and this team for helping us to conduct a survey
and hold consultative meetings in New Delhi involving various stakeholders such as judges, legal
academicians and lawyers.
We are thankful to Dr G K Sharma, Director, Uttarakhand Judicial and Legal Academy, Bhowali,
who has hosted a validation seminar for the project at his institute and helped us review the draft
report for further improvement.
We are grateful to all the District Bar Associations who allowed/ helped us organise the
Consultative Workshop across the Uttar Pradesh/ Uttarakhand. Special thanks to Dr Chandrasekhar
Joshi (Director, Vasudev College of Law, Haldwani), Dr Nafees Ahmed, and Dr Stellina Jolly from
Faculty of Legal Studies, South Asian University Delhi, for their valuable input to the report.
We are thankful to Dr Sana Fatima, Senior Research Fellow at the Centre and Dr Asif Khan (School
of Social Work, Delhi University) for their valuable contributions at various stages of this project.
Thanks are also due to Dr Tariq Ashfaq (Senior Research Fellow), a part of the project team at the
beginning of the project.
We are extremely grateful to other colleagues from the IIM Kashipur, namely Ms Debolina Paul,
Mr Akhilesh Singh Butola, Dr Sana Khan, and Ms Omi Gupta for assisting us in all operational
matters project activities.
Last but not the least, we are thankful to Prof Kulbhushan Balooni, Director of IIM Kashipur, and
members of the IIM Kashipur accounts department for their help in managing the project fund.
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CONTENTS
Foreword
Preface
Acknowledgement
Contents i
Abbreviations iii
Background of the Project iv
Executive Summary vi
1. Introduction
1.1 Implications of the Changing Nature of Work 1
1.2 The Advent of MOOCs 1
1.3 Policy Considerations 4
1.4 Global Practices in CLE 5
1.5 Methodology 6
1.7 Sampling 6
4. Stakeholder Survey 37
5. Analysis of Responses 39
ANNEXURES
Annexure 1: List of Participants at Validation Workshop 67
Annexure 2: Survey Questionnaire 69
Annexure 3: Questionnaire Validation Workshop 71
Annexure 4 Photograph 72
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List of Figures
List of Tables
Boxes
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ABBREVIATIONS USED
,
ABA American Bar Association
ACLEA Association for Continuing Legal Education
BCI Bar Council of India
BSB Bar Standards Board
CFR Code of Federal Regulations
CL Common-Law
CLE Continuing Legal Education
CLEAA Continuing Legal Education Association of Australasia
CLEreg Continuing Legal Education Regulators Association
CPD continuing professional development
IBA International Bar Association
ILM International Legal Materials
LCI Law Commission of India
LL.B Legum Baccalaureus (Bachelor of Law)
LLM Legum Magister (Master of Laws)
MCLE Minimum Continuing Legal Education
MOOC Massive Open Online Courses
NEP National Education Policy (2020)
NGO Non-Governmental Organisation
PDT Professional Development Training
SCI Supreme Court Of India
SWAYAM Study Webs of Active-Learning for Young Aspiring Minds
UGC University Grants Commission
WIPO World Intellectual Property Organisation
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Lawyers are always going to be students because the learning doesn't stop in
law school. The irony is that when we become lawyers, we not only continue to
be students, we simultaneously are teachers."
- Michael S. Greco, Former President of the American Bar Association
In its 184th Report (December 2002) on The Legal Education and Professional Training and
Proposals for Amendments to the Advocates Act, 1961 and the University Grants Commission
Act, 1956, the Law Commission of India suggested various initiatives for Continuing Legal
Education (CLE). On the other hand, the Fifteenth Report of the Parliamentary Committee on
Subordinate Legislation (1993-94) also dealt with ‘Continuing Legal Education and Restructuring
the Law Course’. In many countries of the world, apart from training and Bar examination, there
is also a requirement of periodical renewal of the permission to practice granted by the Bar
regulatory bodies, including mandatory requirements for attending courses in continuing legal
education. However, notwithstanding these recommendations, the sheer number of advocates
enrolled in the country, and the massive CLE opportunities needed to serve them is almost
unsurmountable by offering face-to-face courses in a handful of universities and law colleges. The
present study desires to fill this gap by comparing the global practices and emergence of MOOC
as an online phenomenon that incorporates social networking connectivity, the facilitation of an
acknowledged expert in a field of study, and a collection of freely accessible online resources. The
most significant aspect of a MOOC is that it builds on the dynamic engagement of several hundreds
of learners/participants who are self-motivated and self-organised for learning, have prior
knowledge and skills, and common interests.
IIM Kashipur sets up the Centre of Excellence in Public Policy and Government to bridge
policymakers, government agencies, and professional bodies to support public policy and
professional training needs of various sectors addressing some of the most important public policy
and governance issues. It combines educational programs with current research, training and
advisory services based on thematic public policy analyses. The Centre hosts a diverse team on
internal faculty and invited experts (Fellows) committed to interdisciplinary public policy research,
training and programme development addressing law, standards in professions and good
governance.
Professional development is a lifelong process that needs avenues for keeping oneself abreast of
the changing professional needs of the profession. In the corporate sectors, functional managers
have access to “Executive Education” or “Management Development Programmes” that the
management schools organise. Similar avenues are very limited for advocates in India. Once a
lawyer joins the daily professional workload of a lawyer, new or old, it hardly leaves any time for
them to go back to school regularly. At this juncture, we see the advent of Massive Open Online
Courses (MOOCs) in recent years has generated much interest among all professionals as a tool
for universal access to ‘specialised’ education. These platforms offered by the best of the best
universities in the world are also viewed as a continuing need, with education being sought
throughout a lifetime. New technologies and the Internet facilitate access to education and the
constant training required today, constituting what is known as the learning or educational society
(Delors, 1996)1.
1 Delors J. et al. (1996). Learning: The treasure within (often referred to as “the Delors report”). Report of the international
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Establish a global comparison of the diverse and alternative models of Continuing Legal
Education (CLE) and identify and examine the potential Massive Open Online Courses (MOOC)
platforms for the lifelong professional development of advocates in India.
More specifically, the study will have the following specific objectives:
Details of activities:
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EXECUTIVE SUMMARY
An in-depth analysis of prevalent Massive Open Online Courses (MOOC) models in the United
Kingdom, the United States, Canada, France and Australia have led us to conclude that the best-
suited model that India can follow is the US model. The need for lawyers to maintain their
professional competency is increasing and pressurising itself with time. The practice of law is
changing with time; an upgraded skillset and expertise are needed to effectively communicate with
clients and address their problems. The Minimum/ Mandatory Continuing Legal Education
(MCLE) was designed and passed by the American Bar Association in 1986. Depending upon the
jurisdiction, an attorney must spend a minimum of 10 hours or a maximum of 45 hours per reporting
period.
Instead of directly adapting the Mandatory Continuing Legal Education Model of the United States,
India may begin with the more benign form, say, the Minimum Continuing Legal Education Model.
In the same direction, India may consider launching a program of one-year duration, requiring
lawyers to spend 8 hours a year. As of 2014, MOOC has already been started in India thanks to the
initiative taken by the SWAYAM and other central universities.
Although awareness and participation in MOOCs leave more to be desired, the survey shows a
positive trend in legal professionals. The increased receptivity of alternative means of legal
education ensures that there is a demand for CLE courses. Most participants agreed that MOOCs
would be beneficial to the career interests of legal professionals. Courses offering certification or
credentials are being especially perceived as an effective way of enhancing one’s employability.
As a way forward, widespread promotion of MOOCs and pointing its benefits over the long term
would be advisable.
Recommendations
1. Incentivising CLE: We have found that mandatory stipulation of any CLE to continue
practising license like other countries is not preferred by the stakeholders in India. An alternative
way to popularise the CLE will be to provide non-monetary incentives to the advocates who
complete CLE programmes. It will lead to the voluntary adoption of CLE by advocates in India. A
few suggested ways of incentivising CLE may be as follows:
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3. Recognising Champions of CLE: Several unsung heroes in our law colleges, faculties,
departments, law universities and bar associations strongly support, propagate and conduct CLE
programmes at different levels. Three categories of champions of CLE can be considered: The
Institutional Champion, The Individual Champion and those for Lifelong Contribution to CLE.
In tandem with the National Education Policy (NEP) 2020, a multiple entry/exit system
(MEES) in legal education can be introduced. Law schools in the country can be invited to
develop such customised LLM or even Doctoral programmes that will allow advocates to
earn higher education in law while continuing to practice. Such programmes enable them
to choose from the full range of modules (certificate courses), incrementally earn credits
and finally move towards a higher degree.
University Grants Commission (UGC) has already allowed students to gain 20% credits in
graduate courses from the courses offered under SWAYAM programmes online. Now, it
is proposed to be increased to 40%. But only a few Law courses are available under
SWAYAM. Law schools can work more intensively with UGC to offer more law course
that the advocates can also access as CLE programmes.
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1. INTRODUCTION
The development of human resource is one of the top priorities for a developing economy.
However, the infrastructural constraints of setting up new learning institutions necessitate the
conceptualisation of creative policy solutions aimed at upskilling professionals and jobseekers
alike. Technological advancement has emerged as a major disruptor in the jobs market, increasing
the chasm between jobseekers with technological know-how on the one hand and those with no
such training on the other.
A report, published by the World Bank Group, titled ‘The Changing Nature of Work’ (2019),
addresses such new-age barriers to professional growth, arguing that children enrolled in primary
schools in 2019 are likely to work in fields that are presently not even in existence. To keep pace
with the exponential growth of knowledge on a global scale, fuelled by the free exchange of ideas
on the internet, governments and policymakers alike are increasingly emphasising harnessing the
benefits of technology through a harmonious integration with human capital.
Aside from jobseekers, working professionals too are affected by the information explosion. As
economies move from low-skill and medium-skill jobs to high-skill jobs, it becomes imperative
for countries to invest in human capital. For professionals falling towards the higher end of the
experience spectrum, conventional education or going back to college is certainly not viable. Aside
from taking significant time away from their work schedules, such an option is undesirable if the
economy grows.
In this age of information revolution, thanks to the Internet, Web 2.0 technologies, and user-
generated regime, a new concept called Massive Open Online Courses (MOOCs), which advances
values of openness regarding access to knowledge, has emerged. According to Professor Michael
A. Peters MOOC, promotes symmetrical, horizontal peer-learning relationships.2 Professor
Michael A. Peters is of the view that the emergence of MOOCs world over should be seen within
the theoretical framework of postindustrial education, distance education and venture capitalism3
The MOOCs that are free or low-cost Internet-based courses comprising various disciplines were
introduced in 2012, proclaimed the “Year of the MOOC” by The New York Times, covering a
large part of the world within a short span. In 2012 the prestigious American universities took the
initiative of offering their courses online free of charge. The courses were mainly based on videos,
with a large number of participants who were called learners. They “would get feedback only from
fellow learners and machine-evaluated quizzes, making it possible for a single professor to reach
and teach virtually an unlimited amount of learners.4
Some even called this new movement a MOOC “revolution” that would bring unprecedented
equality because they make available the best courses from the best teachers at the best universities
2 Leonard J. Waks, The Evolution and Evaluation of Massive Open Online Courses, xi, xii 2016
3 Leonard J. Waks, The Evolution and Evaluation of Massive Open Online Courses, ix 2016
4 Sarah Porter, To MOOC or Not to MOOC, 3-4 2015
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MOOCs are considered the product of a long-time experiment with educational technology and
online learning, developing new academic approaches suitable for use via technology.6
The current operators running MOOCs such as edX, Coursera, Udacity, Udemy, P2Pu, Khan
Academy, Open2Study include for-profit and not-forprofit start-ups. Some players have devised
the “freemium” model, where most material is provided for free, excluding other services7 Over
the years, MOOCs have spread over countries like Germany, Japan, Australia, United Kingdom,
Brazil, New Zealand and China8.
The advocates of MOOCs claim that they offer immense opportunities for higher education as they
can open up higher education qualifications to many millions of people at a minimal cost or free
of cost. On the contrary, sceptics claim that MOOCs are simply the result of overhyping by media
moguls who serve the interests of elite institutions to get more and more press coverage. Sarah
Porter claims there are elements of truth in both views9 . Some sceptics argue that MOOCs are a
political instrument that is used as a tool to serve the interested parties10
A report about the situation of MOOC in Europe says that “a 74,7% of the institutions (71,6%)
finds it (highly) relevant that ‘Anybody can enter the course, i.e. course is accessible to all people
without limitations.”16
In addition to the beneficial components mentioned above, there are several hurdles one may come
across in availing MOOCs courses:
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Lack of technology skills hinders learning as a wide variety of tools are used in the course.
For non-native English speakers, non-proficiency in language poses a problem when web
conferencing sessions are conducted in English.
For new learners, the chaotic nature of the MOOC may cause problems.
Time zone differences, unavailability of others online, lack of technology skills, and social
connections may cause others not to participate in or finish a course.
Unavailability of spare time constraints can create hurdles for adult lifelong learners in
professional courses. For example, in a study, it was observed that xMOOCs had
significantly higher dropout rates compared to cMOOCs, that is, 85% compared to 40%,
respectively.17
The course participants in MOOCs are most often referred to as learners. This helps differentiate
them from students, a word reserved for persons enrolled in one of the University’s accredited
educational programmes.
The new format was called massive open online courses, or MOOCs, with massive referring to
many simultaneous learners, and open meaning anyone can sign up and join the course free of
charge. Being a new and largely unexplored format at the intersection of higher education and
technology, it received a healthy proportion of both tech hype and criticism relating to everything
from low quality and high retention rates to privacy and protection of learner data.
An advantage of online learning is that it can give you very detailed data about the learners’
interaction with the course materials. When looking at learner activity data, an important thing to
remember is that learners interact with the course materials in several meaningful ways that are
often not aimed at obtaining a certificate. This is especially relevant when looking at retention
rates, how many of the learners who sign up for a course end up completing all of it and receiving
a certificate.
Given the open nature of this kind of courses, it is not completely straightforward to determine
when a person joins a course to complete all assignments and earn a certificate. Is it when you click
the “Join for free”-button on the course description page? Or is it when you enter the course room,
watch your first video lecture, or do the first graded assignment? A survey of lecturers involved in
MOOC production at the University of Copenhagen shows that it has inspired many of them to
improve their on-campus teaching. Many have also been inspired to include more online elements
in their ordinary teaching. They believe that MOOCs are a good way to improve the quality of
education for students at the University of Copenhagen.
Around each MOOC, a large-scale global community of learners is created. This community can
be used actively to improve the quality and relevance of education at the university by engaging
them in thesis supervision, crowd-sourcing feedback on research and student projects, and global
input to campus-based courses. The MOOC format blurs the lines between education and research
dissemination, with the thousands of online learners also being consumers of research news.
Findings indicate that it is possible to recruit international students via MOOCs but that more data
is needed to explore this potential.
The MOOCs also have a great reach outside of the course room. The eight-course descriptions
have been shared almost 30 000 times on Facebook and almost 2 000 times on Twitter, and 24 %
of all tweets to the University’s English Twitter account since the partnership was announced in
17 https://www.ncolr.org/jiol/issues/pdf/13.1.1.pdf
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February 2013 have been about Coursera. A survey among University of Copenhagen faculty who
lectured on one of the MOOCs found that 75 % was in favour of the idea that the University share
educational materials under a license that allows other lecturers, students and the general public to
re-use the materials in other contexts18.
The emergence of online learning environments has caught the attention of policy analysts as a
suitable medium for providing skills training to working professionals without compromising
quality or taking away time from normal working hours. Such forms of distance learning ensure
that a nodal institution, tasked with creating curricula, imparts skills training under required quality
standards. Unlike traditional pedagogy involving lectures delivered in classrooms, online courses
can be monitored and edited to improve quality standards by supervising institutions.
An option that is increasingly finding mention in the discourse on alternative methods of teaching
is MOOC. MOOCs, or Massive Open Online Courses, are online learning tools that shift teaching
from conventional classrooms to one’s computer, laptop or mobile phone. Such courses are mostly
hosted on specific websites. They comprise pre-recorded video lectures, short assessments,
quizzes, and a forum where course-takers can raise doubts regarding lessons they have taken.
The course schedule is flexible enough to accommodate working professionals with different work
schedules. There is no limit to the number of participants enrolled for a MOOC, and numbers can
run into hundreds or even thousands.
Improving technological
Updation of Legal Knowledge
knowhow
18 UCPH_MOOC_report_2015
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The United States of America, Canada, Australia, the United Kingdom, Germany, France and Italy
have mandatory CLE programmes. A brief overview of the CLE programmes in these countries is
given below.
USA: In certain United States America states, it is mandatory to enrol in CLE programmes
for a period terminating when an attorney attains the age of 65 years. The programme has
a mandatory credit requirement of 12 hours to be put in by the attorney annually.
Australia: Regulated by the Law Societies of individual states, the Australian scheme of
CLE requires solicitors to attain a minimum of 10 credits. The programme would terminate
when a solicitor attains the age of 40 years.
UK: The Solicitors Regulation Authority Board of the United Kingdom mandates a lifelong
commitment to CLE, offering a wide range of specialised subjects to contribute to the
working knowledge of legal professionals.
Europe: Countries such as Germany, France and Italy require lawyers to undergo training.
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1.5 Methodology
1. Desk Research on the global and domestic scenario on CLE and Massive Open Online
Courses (MOOC) platforms,
2. Lawyers, Educators and Regulators Survey,
3. Analysis of various prevailing CLE models and self-learning opportunities and related
regulatory issues in India and abroad
4. Preparation of an Advocate’s Resource Book (Lawyers’ learning toolkit) for CLE and
MOOCs.
This study followed a mixed approach of qualitative and quantitative research methods. The
primary comparative analysis of global models on Continuing Legal Education (CLE) and Massive
Open Online Courses (MOOC) platforms was based on desk research and qualitative analysis of
the CLE/MOOC landscape. It included, wherever necessary, quantitative data from the stakeholder
survey that adopted the survey method using the structured questionnaire.
This report is based on primary data collected through surveys and face-to-face interviews. A
questionnaire assessing the awareness level regarding MOOCs and methods of imparting MOOCs
directed at the target group (legal professionals) has been used to assess the feasibility of an
alternative method of formulating CLE policy.
The questionnaire contains both close-ended questions (requiring a ‘yes’ or ‘no’ answer) and
open-ended questions (requiring descriptive answers). The survey team has ensured the
genuineness of responses by following a blinded interview pattern. Participants are not primed with
information or led towards forming any specific opinion before the commencement of the survey.
The analysis of primary data gathered from the survey in this report has been conducted using
quantitative and qualitative methods. In this regard, close-ended questions have been used to
generate quantifiable analyses, whereas open-ended questions provide the basis for qualitative
analyses. The views of some office-bearers of the Bar Council of Delhi were specifically sought
to assess the prospective receptivity of bar associations to MOOCs.
1.6 Sampling
A total of one hundred (100) participants have been interviewed for the survey. In this survey,
quota sampling, judgment sampling, and convenience sampling methods have been used to identify
sub-groups (under the group ‘legal professionals’). Individuals from the sub-group were then
selected based on convenience, willingness to participate in the survey and availability.
The random sampling method will be used in selecting the participants under four criteria/groups:
lawyers, educators, and other stakeholders like judges, representatives of law firms etc. (Figure 2).
The questionnaire will be sent by email with a link to the online response page as well. Further, to
draw qualitative input, semi-structured interviews will be conducted among the participants to
draw inferences.
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Sample Distribution
35.00%
30.00%
30.00%
26.00%
25.00%
20.00%
14.00% 15.00%
15.00%
10.00%
4.00% 5.00%
5.00% 2.00% 1.00% 3.00%
0.00%
Sample Distribution
Representation from the legal academia has been restricted to faculty members from the
institutions listed below.
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45 40
40
35
30
25
19
20
15
10 7
5 4 5 4
5 3 2 3 3 3
1 1
0
0 to 1 2 to 3 4 to 5 6 to 7 8 to 9 10 to 11 12 to 13 14 to 15 18 to 19 20 to 21 24 to 25 27 to 28 29 to 30 above
30
In recent years, an additional dimension has been added to this methodological reflection in light of the
globalization of the legal context and its effects on the role of courts. The interview method is now also
applied in studies concerning the transnational context of judicial decision-making, meaning the context in
which international, regional and national law interact. In this article, we will reflect on two main questions
related to these developments.
Our experiences with qualitative interviewing show that it is a challenging but also very motivating exercise
with a great added value and the potential to enrich legal studies as a complementing method to the classic
doctrinal approach. Undoubtedly, no single perspective or methodological approach can reflect a complete
picture of the object which is under scrutiny. This is especially true if the object of study concerns a ‘moving
target’, in our projects: to find out how national judges receive and perceive the legal order which is evolving
beyond their own state legal system. Still, qualitative interviewing has brought us in the middle of the
judicial environment, and has allowed us to learn what it really means to be a judge. It made it possible to
identify what and how judges really think, and how they work. It facilitated looking behind the scenes of
the formal law and indicating those factors which influence the daily judicial decision-making, which
normally would go unnoticed since they cannot be detected by means of purely legal analysis. In our
opinion, this approach is particularly valuable in the increasingly internationalized legal context and in light
of the related development of ‘global’ legal scholarship. However, our experiences with interviewing judges
show that there are various aspects attached to this method that must be taken into consideration. Indeed,
qualitative interviewing comes with a price tag, mostly in the form of ensuring representativeness and
overcoming various technical obstacles.
[Source: Urszula Jaremba en Elaine Dr. Mak,
'Interviewing Judges in the Transnational Context', in Law and Method, May 2014]
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Continuing Legal Education (CLE), also known as mandatory or Minimum Continuing Legal
Education (MCLE) or, in some jurisdictions outside the United States, as continuing professional
development, consists of professional education for attorneys after their initial admission to the
bar19 . Continuing Legal Education aimed to improve lawyers' performance, and minimum
continuing legal education made it mandatory to improve their performance during their
professional career, thus taking away the choice of timing and the amount of education from
lawyers. Some Continuing Legal Education providers believe that CLE is effective at improving
the practice of law, sharing new developments, ensuring ethical practice, and connecting attorneys
with their peers20
However, the mandating of education generates criticism from attorneys. The criticism centres on
a debate that boils down to each state asking the perceived value of MCLE and if the perceived
value of the mandated education is worth the costs imposed both on an attorney and the state. The
debate so far has been argument-driven, with a lack of statistical support to the arguments. This
inquiry looks into the attorney discipline system of states recently implementing MCLE
requirements to see how MCLE implementation may affect attorney discipline.
This inquiry uses a quantitative approach to determining if MCLE relates to attorney behaviour
within a particular state’s attorney disciplinary system. The inquiry does this by analysing five
states that adopted MCLE between 2000 and 2010. The findings are that after MCLE programs
were adopted, there was a decline in the averages of docketed cases and attorney sanctions. The
reduction of docketed cases is significant, which indicates that MCLE is a good thing.
It was in the mid-70s that states began making CLE mandatory. This decision to mandate CLE was
largely due to growing public distrust of the legal profession attributed to an increased perception
of incompetence and corruption in the profession. In a 1973 speech by Chief Justice Warren
Burger, he referred to the deteriorating quality of legal representation in our country as a “problem
of large scope and profound importance . . . .” Chief Justice Burger stated that a large portion of
an attorney’s training happens after law school and suggested a system of education in which
attorneys could receive post-graduation education by experts who were knowledgeable on recent
law developments.
As of the second quarter of 2013, there were forty-five states with MCLE requirements. Julie
Fershtman, president of the State Bar of Michigan, in her response to a question about the Michigan
survey, said:
A majority favours the status quo. I should also note that despite the consensus that good
lawyering requires regular updating of knowledge, no evidence exists that setting up a
mandatory system of continuing legal education improves the overall quality of lawyering
in a state. Notably, no state requires that lawyers receive a passing score on a test to satisfy
their CLE requirements; attendance alone is measured. Given the cost of setting up and
administering a mandatory CLE system, the State Bar's thinking to date is that we need
more evidence of the pay-off of a mandatory requirement than we've seen thus far.
To argue that MCLE improves attorney competence is a broad proposition because of the lack of
consensus on what “competence” actually means. Definitions include substantive legal knowledge,
19 https://en.wikipedia.org/wiki/Continuing_legal_education
20 https://www.clereg.org/assets/pdf/CLE_Education_Initiative.pdf
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MCLE is a good thing. “Good”, meaning that MCLE implementation has a relationship to a
reduction in disciplinary statistics. While using attorney discipline is one of the many ways to
measure attorney competence, the reduction of docketed cases is indicative that the number of
attorneys being found to need an investigation into being fit to practice law decreased after MCLE
implementation. This inquiry regarding complaints or sanctions can establish no such indication.
While a correlation can be established, the information relating MCLE to attorney discipline is
limited. The relationship between MCLE and attorney discipline suffers from a lack of publicly
available information. This lack of details comes, in large part, from states preserving
confidentiality surrounding the attorney disciplinary process, which varies by state. While there
will always be room to argue that the cost of MCLE is not worth the benefit, this inquiry finds that
the available information indicates that MCLE is helping to achieve CLE’s initial goal: to improve
lawyer performance.21
“Sec. 2-27A. Minimum Continuing Legal Education: (a) On an annual basis, each attorney
admitted in Connecticut shall certify, on the registration form required by Section 2-27 (d),
that the attorney has completed in the last calendar year no less than twelve credit hours
of appropriate continuing legal education, at least two hours of which shall be in
ethics/professionalism. The ethics and professionalism components may be integrated
with other courses.”
[ from “Connecticut Practice Book”, issued by the Secretary of the State of the State of Connecticut in the USA]
21 https://www.clereg.org/assets/pdf/Is_MCLE_A_Good_Thing.pdf
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2.1.1 UK Model
CLE is mandatory for all lawyers - Barristers and Solicitors - and is commonly referred to as CPD
(Continuing Professional Development). CPD compliance is an obligation under the Code of
Conduct (para. 202(b)). For newly qualified practitioners (first 3 years of practice): 45 credits per
year, including at least nine credits of Advocacy Training and 3 credits of Ethics (the “New
Practitioners’ Programme”). For all barristers: 12 credits per year (the “Established Practitioners’
Programme”). Ninety credits for three years. All solicitors and registered European lawyers who
are in legal practice or employment in England & Wales, and work 32 hours or more per week,
must complete a minimum of 16 credits per year and register their CPD with the Law Society of
England & Wales22.
CPD Providers
The University of Oxford Department for Continuing Education offers two courses in international
human rights law, taught by an internationally-recognized faculty and combining academic and
practical experience.
The Master’s in International Human Rights Law duration is two academic years, including both
online learning23 and residential summer schools. It is useful for lawyers and human rights workers.
The four-week Summer School is meant for those who already possess some knowledge of
international human rights law or those that have no such knowledge24.
The Institute of Continuing Education of the University of Cambridge offers a three-week course
on English law, including legal method through lectures and seminars. The course covers areas
such as the evolution, sources and structure of English law. The course includes specific subjects
such as precedent, statutory interpretation, the courts’ structure, the legal profession, property,
obligations, trusts, labour law, family law, constitutional law, administrative law, civil procedure,
criminal procedure, private international law, company law, and the law of torts25.
Edinburgh Law School (ranked 4th) of Edinburgh University offers courses including commercial
law, banking law, medical law and ethics, legal argumentation, criminal law, constitutional law,
human rights, and Diploma in Professional Legal Practice and Trainee. The courses include
bespoke in-house and online training26 Established in 1852, the City Law School (City, University
of London) is one of the oldest institutions providing CPD training for the legal profession and
other professional sectors.
The City Law School offers bespoke in-house training to organisations throughout the world. The
courses are created to support professionals in developing their skills and enhancing their careers.
The School also provides a range of specialist public courses which are available for individuals
to enrol on.
The School’s training courses and materials are regularly reviewed and revised to ensure that they
22 http://www.eccle.eu/european-center-for-continuing-legal-education/
23 https://www.conted.ox.ac.uk/about/mst-in-international-human-rights-law
24 https://www.conted.ox.ac.uk/about/law
25 https://www.ice.cam.ac.uk/course/english-law-and-legal-methods-summer-programme
26 http://www.law.ed.ac.uk/other_areas_of_interest/cpd_and_consultancy
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are up-to-date with the latest legal developments, thus providing direct access to the latest legal
knowledge, skills and thinking in a range of flexible and engaging formats. The School delivers
courses at members’ premises or host members’ delegates at its campuses, including a selection of
mock courtrooms and recording suites27.
The Faculty of Laws, University College London, offers free public events, including the Current
Legal Problems lecture series. The programs are accredited with CPD hours by The Bar Standards
Board (BSB) and, in some instances, by other accrediting bodies such as the IPReg (Patent/Trade
Mark Attorneys).
The programs are offered to legal professionals to update their knowledge or develop their
expertise in a particular field through several flexible and distance-learning options to further their
learning, including courses on LLM, notarial Practice, legal practice and public policy28.The
duration of the non-distant mode LLM level courses ranges from two hours of tuition each week
for either 20 week or ten weeks courses29 The course regarding notarial Practice, however, is a
two-year distance learning course, run on the Faculty Office’s behalf by an academic provider, to
train candidates in Notarial Practice. The duration of the course designed to focus on the legal and
practice issues relating to intellectual property is five days30.
The School of Law of the University of Nottingham offers courses covering the latest updates in
evidence and practice in law covering international human rights (distance-learning mode)31,
nature of law, legal process, and rules regarding UNCITRAL, the WTO, the EU and the UK 32 for
the development of legal professionals33. The School of Law of Cardiff University (See Box)
offers masters-level courses accredited by the Bar Standards Board and Solicitors Regulation
Authority in a flexible online mode of 10 weeks34.
27 https://www.city.ac.uk/law/courses/continuing-professional-development
28 https://www.ucl.ac.uk/laws/study/continuing-professional-development
29 https://www.ucl.ac.uk/laws/study/continuing-professional-development/single-masters-level-courses
30 https://www.ucl.ac.uk/laws/study/continuing-professional-development/specialist-cpd-courses
31 https://www.nottingham.ac.uk/pgstudy/courses/law/international-human-rights-law-pgcert.aspx
32 https://www.nottingham.ac.uk/law/study/cpd/executive-programmes/index.aspx
33 https://www.nottingham.ac.uk/law/study/cpd/index.aspx
34 https://www.cardiff.ac.uk/study/postgraduate/taught/courses/standalone-modules/continuing-
professional- development-in-law
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Within the United States of America, the attorneys in many states and territories must complete
certain CLE to maintain their U.S. licenses to practice law. No nationwide rules exist within the
United States for CLE requirements or accreditation. Instead, each individual jurisdiction (i.e., each
state, the District of Columbia, and each territory) exercises discretion on regulating U.S. attorneys,
which includes establishing rules for CLE requirements and accreditation. This authority is
typically vested in each jurisdiction’s Supreme Court and delegated to special CLE commissions
or boards.
Nonetheless, various efforts have been made to promote uniformity of CLE programs across US
jurisdiction. For example, the American Bar Association (ABA) promulgated a model CLE rule
for individual jurisdictions to adopt. Similarly, the Continuing Legal Education Regulators
Association (CLEreg) created a uniform CLE application, a uniform CLE attendance certification,
and a CLE distance learning glossary. CLE reg also created a CLE guide to assist its members in
managing CLE programs.
In US jurisdictions with mandatory CLE requirements, attorneys must typically earn a minimum
number of CLE credits (measured in hours) over a set period of years. Also, some of these
jurisdictions require a minimum number of CLE credits for specific topics (e.g., ethics, diversity
training, elimination of bias, professional responsibility, basic skills, substance abuse, prevention
of malpractice, and attorney-client disputes).
US attorneys typically earn CLE credits by completing legal training presented by experienced
attorneys. The training may cover both legal theory and practical experiences in legal practice.
Competency testing is not usually required for attorneys to earn CLE credits through legal training.
Classroom training materials can be extensive and represent the most current and advanced
thinking available on a particular legal subject. Frequently, a portion of CLE credits may be earned
through reading and other self-study. In recent years, many jurisdictions now allow attorneys to
earn CLE credits as part of distance education courses taken online or by listening to the audio
download.
Alternatively, experienced attorneys in some jurisdictions, such as New York, may also earn CLE
credits for speaking or teaching at accredited CLE programs; for moderating or participating in
panel presentations at accredited CLE activities; for teaching law courses at ABA-accredited law
schools; for preparing students for and judging law competitions, mock trials and moot court
arguments, including those at the high school or college level; for published legal research-based
writing; and for providing pro bono legal services.
Legal training or other activities often meet the rules for CLE requirements and accreditation in
multiple jurisdictions. In these instances, nothing prohibits attorneys licensed in one or more of
these jurisdictions from counting the training or other activities towards fulfilling their CLE credit
requirements for each of these jurisdictions. Opportunities for CLE are offered throughout the year
by state bar associations, national legal organisations such as the American Bar Association,
Federal Bar Association, law schools, and
Many other legal associations and groups such as non-profit CLE providers Practicing Law
Institute (PLI), American Law Institute Continuing Legal Education (ALI CLE; formerly
American Law Institute-American Bar Association ALI-ABA), The Center for American and
International Law(CAIL), and The Institute of American & Talmudic Law (IAT Law), as well as
other private, for-profit enterprises. Activities are usually open to all lawyers (and sometimes non-
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lawyers), but organisations often offer discounts to their members. A recent trend is toward the
provision and promotion of free CLE programs.
Uniquely, Kentucky allows all licensed attorneys in the state to complete their annual CLE
requirement without a registration fee through a two-day program known as Kentucky Law Update,
offered annually in at least seven locations throughout the state.
Some attorneys, particularly those who have spent many years in active practice, have resisted
CLE requirements as unconstitutional. However, in 1999, the Supreme Court of California upheld
that state’s CLE program against an Equal Protection Clause constitutional challenge35
In the 1960s and 1970s, the organised bar promoted mandatory continuing legal education (CLE)
as an answer to the concern that the rising number of new attorneys had led to a decrease in the
quality of lawyering, a sentiment famously expressed by Chief Justice Warren Burger in his
comments concerning the “inadequacies” of courtroom counsel. Mandatory CLE remains firmly
entrenched in the legal profession, bringing a substantial windfall for the institutional interests that
profit from the system but little, if any, demonstrable public benefit 36. The vast majority of
attorneys in this country must complete 10 to 15 hours of (“CLE”) every year37.
Minnesota and Iowa adopted the first mandatory CLE measures in 1975; now, 46 states impose
mandatory CLE requirements. Almost all mandatory CLE jurisdictions require an average of
between 10 and 15 CLE hours per year38. The American Bar Association supports the concept of
mandatory continuing legal education for all active lawyers. The American Bar Association (ABA)
Model Rule for Continuing Legal Education, 1986, incorporates mandatory continuing legal
education for all active lawyers. In the opinion of the Standing Committee, the use of the term
“minimum” rather than “mandatory” continuing legal education more accurately reflects the spirit
of the rule’s intent, and has been utilised throughout.
Regulatory systems should require that lawyers, as part of their mandatory continuing legal
education either through a separate credit or through existing ethics and professionalism credits,
complete programs related to the promotion of racial and ethnic diversity in the legal profession,
the promotion of full and equal participation in the profession of women and persons with
disabilities, and the elimination of all forms of bias in the profession. Lawyers who practice in
states and territories that do not require mandatory continuing legal education are encouraged to
complete such programs as part of their continuing legal education. Every active lawyer in the state
shall complete fifteen (15) hours of continuing legal education annually39.
Section 2 of the Model Rule for Minimum Continuing Legal Education (amended in 1996 and
2004) prepared by the American Bar Association Standing Committee on Continuing Legal
Education requires every active lawyer in the state to complete fifteen (15) hours of continuing
legal education annually.
Section 7 of the Model Rule says that individual course or activity approval to be approved for
35 https://en.wikipedia.org/wiki/Continuing_legal_education
36 Sirota, Rima, Making CLE Voluntary and Pro Bono Mandatory: A Law Faculty Test Case (2017).
Louisiana Law Review, Vol. 78, No. 2, 2017. Available at SSRN: https://ssrn.com/abstract=3147035
37 Sirota, Rima, Making CLE Voluntary and Pro Bono Mandatory: A Law Faculty Test Case (2017).
Louisiana Law Review, Vol. 78, No. 2, 2017. Available at SSRN: https://ssrn.com/abstract=3147035
38 Sirota, Rima, Making CLE Voluntary and Pro Bono Mandatory: A Law Faculty Test Case (2017).
Louisiana Law Review, Vol. 78, No. 2, 2017. Available at SSRN: https://ssrn.com/abstract=3147035
39 https://www.americanbar.org/content/dam/aba/administrative/cle/aba_model_rule_cle.pdf
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credit, continuing legal education courses or activities, including educational activities involving
the use of computer-based resources, offered by non-approved sponsors must meet the following
standards. A Continuing Legal Education Committee may grant credit for such courses upon the
written application of a non-approved sponsor or an attendee. The Model Rule of the American
Bar Association further prescribes:
a) The course or activity must be of intellectual or practical content and, where possible,
include a professional responsibility component;
b) The course or activity must contribute directly to lawyers' professional competence or
skills, or their education concerning their professional or ethical obligations; (c) course or
activity leaders or lecturers must have the necessary practical or academic skills to conduct
or facilitate the course or activity effectively;
c) Before, at, or during the course or activity, each attendee must be provided with the course
or activity materials, either print or electronic, of a quality and quantity which indicate that
adequate time has been devoted to their preparation and that they will be of value to the
registrants in their practices40.
The National Academy of Continuing Legal Education is a provider of accredited continuing legal
education courses throughout the United States. From its inception, the Academy has been firmly
committed to addressing the needs of attorneys. It has positioned itself as a leading provider of
cost-effective and time-efficient continuing legal education courses. Also, to live seminars,
NACLE provides full course credit via DVDs and Audio CDs as well as online courses with any
Web Browser & our iOS/Android App depending on the respective state41
According to the International Foundation of Employee Benefit Plans, Continuing legal education
(CLE) can be administered for all states that require CLE if the session is legal in content and
comprehensive outlines or other materials are distributed at the session. In most CLE states listed
below, the International Foundation seeks approval after the program has taken place. Only those
sessions attended by attorneys in the respective states are submitted for credit.
40 https://www.americanbar.org/content/dam/aba/administrative/cle/aba_model_rule_cle.pdf
41 https://www.nacle.com/About-Nacle
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New York: Members of the New York Bar may apply CLE credit earned at International
Foundation programs toward their New York CLE requirements because the International
Foundation is accredited in several states* that fall under the New York CLE Board’s Approved
Jurisdiction policy.
Connecticut’s new requirement for Minimum Continuing Legal Education says that unless
otherwise exempt, each attorney admitted in Connecticut shall certify annually on the
registration form required by Practice Book Sec 2-27(d) that they have completed twelve credit
hours of continuing legal education in the previous calendar year. Of those twelve credits, at
least two must be in ethics and professionalism. You may carry over two hours of credit from
the prior year, even from 2016 to 2017. In June 2016, the Judges of the Superior Court of
Connecticut adopted the rule found in Practice Book Sec 2-27A. Any bar association does not
administer it. The rule is administered by the MCLE Commission, whose members are
42 https://www.ifebp.org/education/continuinged/attorneys/Pages/default.aspx
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appointed by the Chief Justice of the Supreme Court. Sec. 2-27A of Connecticut new rules on
Minimum Continuing Legal Education prescribes that:
“(a) On an annual basis, each attorney admitted in Connecticut shall certify, on the
registration form required by Section 2-27(d), that the attorney has completed in the
last calendar year no less than twelve credit hours of appropriate continuing legal
education, at least two hours of which shall be in ethics/professionalism. The ethics and
professionalism components may be integrated with other courses.”
To be eligible for continuing legal education credit, the course or activity must:
Minimum Continuing Legal Education intends to provide attorneys with relevant and useful
continuing legal education covering the broadest spectrum of the substantive, procedural,
ethical and professional subject matter at the lowest cost reasonably feasible and with the least
amount of supervision, structure and reporting requirements, which will aid in the
development, enhancement and maintenance of the legal knowledge and skills of practising
attorneys and will facilitate the delivery of competent legal services to the public. The rule also
permits an attorney to design their course of study. Like all other professionals, the law is
constantly evolving, and attorneys are expected to keep abreast of changes in the profession
and the law if they are to provide competent representation. Subsection (a) provides that
Connecticut attorneys must complete twelve credit hours of continuing legal education per the
calendar year.
Subsection (a) also lists those Connecticut attorneys who are exempt from compliance,
including, among others: judges, senior judges, attorneys serving in the military, new attorneys
during the year in which they are admitted to practice, attorneys who earn less than $1000 in
compensation for the provision of legal services in the subject year, and those who obtain an
exempt status for a good cause shown. The subsection also provides exemptions for disbarred
attorneys, resigned, on inactive status due to disability, or are retired. The exemption for
attorneys who earn less than $1000 in compensation in a particular year is not intended to apply
to attorneys who claim that they were not paid due to billed fees to a client. All compensation
received for the provision of legal services, whether the result of billed fees or otherwise, must
be counted. There is no exemption for attorneys who are suspended or on administrative
suspension.
Subsection (d) requires an attorney to maintain adequate records of compliance. For continuing
legal education courses, a certificate of attendance shall be sufficient proof of compliance. For
self-study, a contemporary log identifying and describing the course listened to or watched and
listing the date and time the course was taken, as well as a copy of the syllabus or outline of
the course materials, if available, and, when appropriate, a certificate from the course provider,
shall be sufficient proof of compliance. For any other form of continuing legal education, a file
including a log of the time spent and drafts prepared shall be the proof of compliance43.
43 https://www.jud.ct.gov/MCLE/MCLE_rule.pdf
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Below is a table providing details of MCLE requirements as per the American Bar Association
in the United States44.
MCLE Report Credit hours Speciality credits Compliance Program
requirements period required Formats
Alabama 1 year 12 hours per All attorneys Live, in-person
reporting period report meetings, Live
annually Webinars and
Teleconference
s On-Demand
Online
Courses
Alaska Same 3 hours of ethics Same as Same as above
as credit per above
above reporting period.
Attorneys are
encouraged to
complete an
additional
9 hours of
general
voluntary CLE
(VCLE)
Arizona Same 15 hours per 3 hours of Same as Same as above
as reporting period professional above
above responsibility
credit per
reporting period
Arkansas Same 12 hrs per Same as Same as above
as reporting period above
above
British Same Same as above 2 hrs of All attorneys Same as above
Columbia as professional
above responsibility
and ethics,
California 3years 25hrs per 4hrs of ethics Attorney Same as above
reporting period credit; 1 hr of
competence
issues credit; 1
hr of elimination
of bias in the
profession, per
reporting period
44 https://www.americanbar.org/events-cle/mcle/
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ACLEA, the Association for Continuing Legal Education, is a dynamic organization devoted
to improving the performance of CLE professionals.Those who try it, love it. Over 30% of their
membership serves on committees and actively participates in the planning of programs and
in the governance of the organization. While the members are primarily from the United
States and Canada, they also hail from the United Kingdom, Australia, New Zealand, Africa,
and Mexico. Administrators, trainers, managers, educators, publishers, programmers and
meeting professionals are all members of ACLEA. [Source: https://www.aclea.org]
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Outside the United States, lawyers in various jurisdictions (such as British Columbia in
Canada) must also complete certain required CLE45. In 1978 the Federation of Law Societies
of Canada held a Conference on Quality of Legal Services and in 1980 held a workshop on the
same subject. It concluded that continuing legal education should be fostered but it was not
prepared to recommend mandatory continuing legal education. Organised efforts at programs
of continuing legal education are increasing in most provinces46.
annually prepare and make a record of a CPD plan in writing or electronic form;
on or before March 15 of each year, make a declaration to the Law Society that their
annual CPD plan has been made; and
retain the written or electronic record of the CPD plan for five years and produce the
CPD plan to the Law Society upon request.
Although there is no mandatory minimum hourly requirement, the annual planning, declaration
and implementation of a CPD plan is mandatory for all active lawyers practising in Alberta.
Each active lawyer is accountable for
developing, implementing and declaring their
CPD plan. Rule 67.2 requires that each lawyer
record and keep their CPD plans for 5 years
and provide their plans to the Law Society
upon request.
In the upcoming year, the Law Society will
develop a more robust regulatory framework
to ensure that lawyers are held accountable for
developing and implementing high-quality
CPD plans. It is not necessary to have CPD
activities accredited by the Law Society of
Alberta. A lawyer should ensure that the CPD
activities you undertake and incorporate into
your CPD Plan meet Rule 67.1.47
45 https://en.wikipedia.org/wiki/Continuing_legal_education
46 https://www.thecanadianencyclopedia.ca/en/article/legal-education
47 https://www.ifebp.org/education/canadiancontinuinged/lawyers/Pages/Alberta.aspx
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48 https://www.ifebp.org/education/canadiancontinuinged/lawyers/Pages/BritishColumbia.aspx
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49 https://www.ifebp.org/education/canadiancontinuinged/lawyers/Pages/Manitoba.aspx
50 https://www.ifebp.org/education/canadiancontinuinged/lawyers/Pages/NewBrunswick.aspx
51 https://www.ifebp.org/education/canadiancontinuinged/lawyers/Pages/NovaScotia.aspx
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or practice management and up to 9 Substantive Hours per year. The Law Society of Upper
Canada must accredit only Professionalism Hours. The remaining 9 Substantive Hours need
not be accredited. Substantive Hours may address substantive or procedural law topics or
related skills. Non-legal subjects may also be eligible for Substantive Hours if they are relevant
to the lawyer's or paralegal practice and professional development.
Lawyers and paralegals in the 100% fee-paying category are subject to the requirement.
Besides, lawyers and paralegals in other fee categories providing legal services to clients,
including on a pro bono basis or as a life member, are subject to the requirement. See Fee
Categories for more information. Continuing professional development (CPD) is defined as
maintaining and enhancing a lawyer's or paralegal's professional knowledge, skills, attitudes,
and professionalism throughout the individual's career. It is a positive tool that benefits lawyers
and paralegals and is an essential component of the commitment they make to the public to
practise law or provide legal services competently and ethically. The Law Society has an
important role in supporting the efforts of lawyers and paralegals to maintain and enhance that
competence. It also must ensure that all persons who practise law or provide legal services in
Ontario meet standards of learning, professional competence and professional conduct
appropriate for the legal services they provide.
The CPD requirement recognises a range of Eligible Educational Activities [PDF], including
attendance at CPD programs delivered in various formats. CPD programs are formal,
instruction-based sessions and may be offered by organisations such as education providers,
law associations, law firms, government associations and industry groups. As of April 26,
2012, lawyers and paralegals may claim the following types of participation in CPD programs
toward the CPD requirement:
Attendance in person, online or by telephone at live CPD programs and courses that
provide an opportunity to interact with colleagues and instructors. This must include
the ability to ask questions, directly or indirectly, e.g., the ability to email a question
to the content provider during the online presentation
Viewing or listening to recorded or archived CPD programs and courses with at least
one colleague
Eligible activities will not be limited to subject matter dealing primarily with the practice of
Ontario or Canadian law. Subject matter related to the law of other provinces and countries and
non-legal subjects will be eligible if relevant to the lawyer’s or paralegal's practise and
development as a practitioner52
Women’s Legal Education & Action Fund (LEAF) organises Personhood Speaker Series:
"Gender Equality for Migrant Women and Gender-Diverse People in Canada – Reflections
from the Middle of the Pandemic” to discuss what makes a ‘person’ and whose voices need
centering in conversations about gender equality in 2021 and beyond. For Ontario lawyers,
this panel has been accredited by the Law Society of Ontario and contains 1 hour and 30
minutes of content. For Nova Scotia lawyers, consider including this course as a CPD learning
activity in your mandatory annual Continuing Professional Development Plan as required by
the Nova Scotia Barristers’ Society. [ www.leaf.ca ]
52 https://www.ifebp.org/education/canadiancontinuinged/lawyers/Pages/Ontario.aspx
53 https://www.ifebp.org/education/canadiancontinuinged/lawyers/Pages/PrinceEdwardIsland.aspx
54 https://www.ifebp.org/education/canadiancontinuinged/lawyers/Pages/Quebec.aspx
55 https://en.wikipedia.org/wiki/Continuing_legal_education
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56 http://www.eccle.eu/european-center-for-continuing-legal-education/
57 http://www.french-business-law.com/french-attorneys-and-continuous-legal-education-page20.html
58 https://diplomeo.com/formation_professionnelle-juridique
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duration are available to different types of audience. One can enumerate some courses that are
taught to lawyers in France59
In Australia, the Continuing Legal Education Committee comprises lawyers from diverse
backgrounds and practice areas with rich experience in lawyering. The Continuing Legal
Education Committee caters to New South Wales Young Lawyers' need by contributing to The
Law Society’s Continuing Professional Development Program round the year. The Committees
of New South Wales (NSW) Young Lawyers’ participate in contributing to the Continuing
Professional Development Program. The idea is to keep oneself abreast of the changes
happening in law by imparting up to date knowledge to law professionals.
The Continuing Legal Education Committee’s objective is to provide help in
The membership is made up of Continuing Legal Education [CLE] professionals with diverse
backgrounds including in law, education and from many industry and professional sectors
including: Institutions, professional member associations and regulatory bodies including Law
societies, Bar associations, Practical legal training organisations, University law schools, Law
Firms, Government departments, Commercial providers of Continuing Legal Education and
Professional Development. [ Source: https://cleaa.asn.au/about-cleaa ]
59 https://diplomeo.com/formation_professionnelle-juridique
60 https://www.lawsociety.com.au/legal-communities/NSW-young-lawyers/committees/CLE
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Though one hears the echo of the Continuing Legal Education in India also, this type of
education has not yet been able to make its way in a full-fledged manner into the Bar and the
Bench, as seen in Western countries. It seems that the Bench has felt the need for Continuing
Legal Education (CLE) more urgently as the National Judicial Academy, established in 1993,
resolved to provide CLE to judicial officers and ministerial officers of the courts61. The
National Judicial Academy considers the CLE as a process of “creating solutions” and judicial
education as a process of “creating solutions for strengthening the administration of justice. 62
The Model National Judicial Education Curriculum of the National Judicial Academy
comprises induction and continuing judicial education for judicial officers of all levels63. In the
words of Justice R. C. Lahoti, “National Judicial Academy set up by the Supreme Court under
support from the Department of Justice, Government of India has, in a short span of three years,
evolved as a premier centre for judicial training and continuing education attracting the
attention of judges not only of India but of other countries as well64.” According to N. R.
Madhava Menon, the National Judicial Academy started its activities around 2003. Still, very
soon, the Supreme Court, under the dynamic leadership of the then Chief Justice, made
continuing education compulsory for judges and court staff.
It seems that the ripple effect of the initiative taken by the National Judicial Academy was felt
by the Bar in June 2016 when in a two-day conference by the Bar Council of India attended by
the Supreme Court Justice Dipak Misra and the Law Minister D V Sadananda Gowda,
Professor Madhava Menon emphasised the “need of continuing legal education to the lawyers,”
Justices Amreshwar Pratap Sahi (Allahabad high court), Ajay Kumar Tripathi and Chakradhari
Sharan Singh (Patna high court) also stressed the urgency for the Continuing Legal Education.
The Bar Council of India chairman Manan Kumar Mishra acknowledged the need for
amendments in the Advocate Act concerning the Continuing Legal Education for “better
training of lawyers” and wrote to the government in this regard. He also said the Bar Council
of India wants all the non-practising lawyers disassociated from all Bar Associations65.
As of 2012, the Directorate of Legal Education, constituted by the Bar Council of India, among
other things, aims to run, conduct, hold and administer the Continuing Legal Education66. In
the last quarter of 2013, “drafted a brief overview of legislative and policy initiatives taken in
the recent past to be taught at judicial academies in 22 states.” The step was undertaken to:
61 http://www.nja.nic.in/Director's_Message.html
62 http://www.nja.nic.in/the-institution.html
63 http://www.nja.nic.in/the-institution.html
64http://www.nja.nic.in/Jounals_Publications_Newsletters/Journal%20of%20the%20National%20Judici
al%20Academy%20Volume-1-C.pdf
65Madhava Menon, judges stress continuing legal education (CLE) to BCI,
https://www.legallyindia.com/lawschools/madhava-menon-judges-stress-continuing-legal-education-
cle-to-bci- 20160606-7680
66 http://pib.nic.in/newsite/PrintRelease.aspx?relid=123644;
http://www.barcouncilofindia.org/about/about-the- bar-council-of-india/directorate-of-legal-education/
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67 https://www.epw.in/node/129083/pdf
68 https://www.epw.in/node/129083/pdf
69 https://www.epw.in/node/129083/pdf
70 https://www.epw.in/node/129083/pdf
71 http://pib.nic.in/newsite/PrintRelease.aspx?relid=109585
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human rights, constitutional law, family law, business law, intellectual property law, and
criminal law72. The National Law University, Delhi, especially offers undergraduate and
postgraduate level courses73 on a wide range of subjects, including Research Methodology,
Corporate Law, Constitutional Law, Environmental Law, Criminal Law, Information and
Communication Technology, Intellectual Property, Criminal Justice Administration, and
Access to Justice74. The duration of all these subjects is fifteen weeks75.
Established by the Kerala Bar Council in 2015, the M K Nambiar Academy is the first of its
kind institution in India for continuing legal education for Advocates, Law Teachers and Law
Officers. Aimed to improve legal services and justice delivery quality, the programmes are
designed to educate and train legal personnel toward professional development in all its
dimensions76.
M K N Academy is headquartered in Kinfra Park, Kalamassery (Kochi), under construction.
When completed, the Academy will have residential facilities of up to 100 trainees with the
necessary smart classrooms and practice infrastructure, including Arbitration/Mediation
laboratories and support systems. Prof. (Dr.) N.R. Madhava Menon, who pioneered the Five
Year Integrated LL.B. programme in the 1970s at the National Law School, Bangalore and
later started Judicial education and training at the National Judicial Academy, Bhopal, is the
Hony. Director of the Kerala Bar Council’s M K N Academy for Continuing Legal Education77.
In 2016, M K Nambiar Academy for Continuing Legal Education, in association with the
National Law School of India University, Bangalore, offered CLE programmes including
subjects such as law teaching, research, crimes against women, legal aid agencies, children’s
right to education, skills required for prosecutors and defence lawyers, juvenile justice, child
rights, family law, uniform civil code, induction training for fresh Advocates, ADR and clinical
education, consumer rights advocacy, access to justice, cyber-crime, administration of criminal
justice, environmental litigation, corruption, promoting good governance, intellectual property
law practice, and public interest advocacy78. The courses offered were mostly free of charges,
including boarding and lodging79.
From its inception, NLSIU has laid a firm foundation in the sphere of Continuing Legal
Education programmes. The International Bar Association (IBA) has established an
Endowment Chair in this regard. The NLSIU has conducted a series of Continuing Legal
Education Programmes for young Lawyers, Judges, Administrators and Executives of
Corporate establishments on identified subject areas. Besides, various paralegal and public
legal education programmes are part of the teaching and research agenda of the NLSIU and the
CLE Unit. In addition to this, IBA-CLE Unit undertakes the conduct of Continuing Legal
Education Programmes on agreed terms80.
72 https://swayam.gov.in/courses/public
73 http://nludelhi.ac.in/images/moocs/moocs-courses.pdf
74 http://nludelhi.ac.in/moocs.aspx
75 http://nludelhi.ac.in/images/moocs/moocs-courses.pdf
76 https://www.nls.ac.in/resources/year2017/UGC2017env.pdf
77 https://www.nls.ac.in/resources/year2017/UGC2017env.pdf
78 https://nls.ac.in/resources/year2016/ibacle2016.pdf
79 https://nls.ac.in/resources/year2016/ibacle2016.pdf
80https://www.nls.ac.in/index.php?option=com_content&view=article&id=71%3Ainternational-bar-
association-continuing-legal-education-centre-iba-cle&catid=6%3Aacademic-programmes&Itemid=32
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4. STAKEHOLDER SURVEY
To consult stakeholders such as judges, lawyers, legal academicians, and others currently
engaged in the legal profession, IIM Kashipur partnered with the Citizens’ Foundation for
Policy Solutions - a Delhi-based think-tank - to conduct surveys holding consultative meetings
in New Delhi. The background and findings of this survey are presented here.
The term “stakeholder” in this report denotes all those individuals or groups connected to the
legal profession and the judiciary. This stakeholder survey is based on a questionnaire to gather
information from various stakeholders about their preferences, constraints, views, knowledge,
experience, and interests on various major issues of continuing legal education.
Question 10: Do you know that specialized MOOC programs are being
offered under the SWAYAM initiative by the central universities and
Correlated
other institutions in India since 2014?
Close-Ended
Question 11: If yes, do you think these digital courses based on new Questions
educational technology might help improve your professional
competence?
Question 12: Given your busy professional schedule, do you think that a
Close-Ended
MOOC is the ideal open learning solution to increase your competency?
Question 13: Have you ever signed up for any MOOC after completing Correlated
your education? Questions
Question 14: If yes, please provide the details. (Open-
Question 15: Do you think that your participation Ended and
improved your performance in the profession? If yes, how? Close-
Question 16: If yes, do you think that these courses sharpened your skills Ended)
only or subject knowledge also?
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Question 17: Do you think that the introduction of MOOCs is a good step Correlated
for law professionals in India? Questions
Question 18: If yes, should it be compulsory, or minimally compulsory or (Open-
optional? Why? Ended and
Question 19: If no, what are your reasons for not supporting any of these Close-
alternatives or MOOC as a whole? Ended)
Question 20: For which class of lawyers or justice actors do you think Open-Ended
MOOCs should be compulsory or minimally compulsory?
Question 21: What should be the duration of MOOC programs for law Open-Ended
professionals?
Question 22: Which substantive areas/skills are most required? Open-Ended
Question 23: Should MOOC programs be assessed, in your opinion? Open-Ended
Question 24: Should MOOC programmes be imparted free of charge or Open-Ended
not? Why?
Question 25: In your opinion, do we need any new MOOC providers or Open-Ended
the prestigious private or public institutions are sufficient for imparting
MOOCs?
Question 26: Do you see any obstacles in the implementation of MOOCs Open-Ended
in India?
Question 27: What are your suggestions to meet those obstacles? Open-Ended
Question 28: Any other suggestions/observations. Open-Ended
Table 3: Nature of Questions (Stakeholder Survey)
During the survey, the standard rules of research ethics (University of Connecticut) were
followed. All research participants have given an “informed” consent to participate. Research
participants with sufficient information about the study to make an “informed” decision about
participating in our research. The code of ethics that includes the following protections for
subjects:
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5. ANALYSIS OF RESPONSES
The stakeholders' survey asked Americans dozens of questions on participants attitudes toward
continuing legal education (CLE) and their opinion, views and perceptions about the need,
implications, and opportunities to avail CLE. This section provides an overview and summary
of key analytical points of the survey. As we found in the participants of this research – lawyers,
law academics, judges, law firm representatives have diverse perspectives on CLE
implementation in India. At the moment, they are unanimous about the need and importance
of CLE. Still, we found that they have a very basic understanding of the emerging platforms of
Massive Open Online Courses (MOOC), their functions, and their connections to the
professional development of advocates in general. Our analysis of the survey data identifies
key points about the participants’ attitudes toward the CLE that will inform how we can
promote CLE in India.
Question 8: Have you heard about the concept of lifelong professional development
online courses called Massive Open Online Courses (MOOCs)?
The response below has been classified as per the background experiences of the responses.
above 28 yrs of
experience, 3
24-27 years of
experience, 3
20 to 23 years of
experience, 3
16 to 19 years of
12-15 years of
experience, 2
experience, 4
8-11 years of
experience
0-3 yrs of experience,
04 to 7 yrs of 27
experience, 3
0 5 10 15 20 25 30
above 28 24 to 27 20 to 23 16 to 19 12 to 15 8 to 11 04 to 7 0-3
Analysing the data received from responses, we find that the maximum percentage of ‘Yes’
responses came from young professionals. This demonstrates that fresh law graduates have a
higher awareness level of technological innovation in legal education. This is not surprising,
given that not only have young professionals received computer education in schools, but have
also often used computer-based legal databases right from the inception of their careers. On
the other hand, participants having greater experience demonstrate lower awareness levels.
Beyond the 20-year threshold level, many participants felt more comfortable using traditional
research sources, such as physical copies of law journals, segregated by years.
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14
Academia 12
12 Advocates, 11 Online Legal
Educationalists, 10
10
0
Distribution of yes response
Legal academicians recorded the highest awareness levels of MOOCs (80% of total
academicians surveyed). Awareness levels are higher because many law faculties have been
involved in the conceptualisation and imparting of MOOCs, whether through the SWAYAM
initiative or for distance learning courses under the flagship of their universities. Judges
recorded the least awareness levels.
Question 9: Are you familiar with self-learning MOOC courses such as Coursera,
Udacity, EdX, and FutureLearn?
Thirty-four per cent (34%) of the total sample size affirmed their awareness of MOOCs in
general and specific MOOC platforms. 11% of those surveyed acknowledged awareness of
MOOCs in general but denied knowing specific platforms such as Coursera, Udacity, EdX and
FutureLearn. 7% of the participants had heard of specific MOOCs but were not familiar with
the term ‘MOOC’ (See Figure 3).
Among all the sub-groups, practising advocates were found to have the least awareness of
specific MOOCs. Predominantly traditional means of gathering technical know-how was most
popular in this sub-group, with advocates contending that these courses would not help with
their practical day-to-day functioning in district courts.
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25
Advocates, 22
20
15 Lawyers,14
Academia, 6
5 Bar Council,3 Judges,3
Question 10: Do you know that specialised MOOC programs are being offered under the
SWAYAM initiative by the central universities and other institutions in India since 2014?
YES, 24%
YES
NO- 76% NO
Seventy-six per cent (76%) of the participants had not heard of the SWAYAM initiative. Legal
academicians had more awareness of the initiative, some of them having been involved in its
conceptualisation and implementation of the initiative from inception.
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Question 11: If yes, do you think these digital courses based on new educational
technology might help improve your professional competence?
Ninety-one (91%) of participants who had an affirmative response to Question 8 believe that
such digital courses would indeed enhance their professional competence. Out of this group,
some qualified their response by expressing concerns about the implementation of such
courses.
No
10%
Can't Say
43%
Yes
47%
Some pertinent concerns about MOOCs have been specifically identified by the participants as
follows:
Question 12: Given your busy professional schedule, do you think that a MOOC is the
ideal open learning solution to increase your competency?
Most non-litigating lawyers believe that MOOCs would be the ideal open learning solution to
increase professional competence. As career options diversify from the more traditional fields,
such as litigation or the judiciary, updating technological and other professional skills becomes
increasingly necessary. New fields require new skills - whether subject matter-based or soft
skills-based. Hence, it follows that law graduates involved in new work fields are more
receptive to alternative means of education.
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14
Lawyer, 13
12
Advocate, 11
10
Academia, 8
8
Law Firm, 6
6
Judges, 4
4 Policy Think Tank, , 2
0
Response
Question 13: Have you ever signed up for any MOOC after completing your education?
YES
13%
NO
87%
A majority (87%) of the participants had not signed up for any MOOC after completing their
education. It is pertinent to note here that although 45% of the participants affirmed their
awareness of MOOCs as a concept, the conversion from awareness to actual registration for
MOOCs is abysmally low. So, even though awareness regarding the course needs to be
encouraged, the actual registration for MOOCs requires separate attention by encouraging legal
academicians and professionals to realise the true worth of MOOCs.
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Out of those who confirmed having signed up for MOOCs, some popular picks are listed
below:
Question 15: Do you think that your participation improved your performance in the
profession? If yes, how?
Sixty-nine (69%) of those participants, who had signed up for MOOCs after completing their
education, believe that their participation improved their performance in the profession. Some
benefits that participants experienced from MOOCs are listed below.
Question 16: If yes, do you think that these courses sharpened your skills only or subject
knowledge also?
Most MOOC-learners felt that the courses sharpened their skills as well as their knowledge of
the subject matter. This is followed by those who confirmed having enhanced their knowledge
without any upskilling being involved. This points to the greater availability of MOOCs on
subject-based knowledge rather than skills (whether managerial, personal or technological)
Subject Knowledge,
38%
Both, 50%
Skills, 12%
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Question 17: Do you think that the introduction of MOOCs is a good step for law
professionals in India?
Question 19: If no, what are your reasons for not supporting any of these alternatives or
MOOC as a whole?
An overwhelming majority of the participants accepted that the introduction of MOOCs for
law professionals would be a good step. Most participants believed that any such courses
should be optional due to the hectic time schedules of lawyers. Also, professionals should be
able to select courses based on their field and interests. A lesser number believed that such
courses should be kept minimally compulsory, as CLE is an important means of learning while
working. However, at the same time, course-takers should have the option of choosing their
subjects of interest.
A few participants also felt that initially, the programme should be optional to gauge the
receptivity of the target group. After the initial stage, they can be made minimally compulsory.
NO
7%
YES
93%
NO YES
Out of those who felt that the introduction of MOOCs would not be a good idea, some felt that
classroom teaching employs better pedagogical standards, while some argued that the field of
law requires practical skills, which can be learnt through experience and not through CLE.
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Question 20: For which class of lawyers/justice actors do you think MOOCs should be
compulsory or minimally compulsory?
Out of those participants who felt that MOOCs should be made compulsory or minimally
compulsory, most said that the target group should be all lawyers. In contrast, some said it
should be compulsory for those new to the legal profession. Also, most felt that senior
advocates and judges should be excluded from the compulsory application of such courses.
Question 21: What should be the duration of MOOC programs for law professionals?
Responses to the question ranged from weekly lessons to courses spanning two months to one
year. Some participants were in favour of a life-long commitment, whereas others believed that
self-paced lessons are the best method of imparting MOOCs
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While most participants suggested that drafting and knowledge of procedural law were most
important, some felt that emerging fields such as Cyber Law should be included in the
curriculum. Yet, others believed that subject-specific courses such as on Intellectual Property
Rights would be beneficial. Some valuable insights gained from the responses are listed below.
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No Can't say
14% 8%
Yes
78%
Evidently, most participants were found to favour the assessment of MOOCs. However, some
responses expressed to the rider that the assessment should be objective-type (Multiple-Choice
Questions) and should not be graded formally.
Some inputs regarding assessment have been compiled from the responses and listed below.
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Question 24: Should MOOC programmes be imparted free of charge or not? Why?
60
FREE, 54
50
40
30
NOMINAL FEE, 24
20
CHARGED, 15
10 PHASED, 7
Question 25: In your opinion, do we need any new MOOC providers or the prestigious
private or public institutions are sufficient for imparting MOOCs?
Most participants asserted that public-private partnerships in the field of online legal education
would be desirable, increasing the variety of courses on offer.
Question 26: Do you see any obstacles in the implementation of MOOCs in India?
The concerns raised by participants may be broadly summarised under three heads as under:
Inadequate diffusion of computers and the internet in smaller towns and villages.
Challenge in bringing behavioural change in the lawyers to accept MOOCs is a genuine
form of skill development and knowledge dissemination.
Standardisation of evaluation of MOOCs.
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District Bar Associations should be provided with adequate funding and infrastructure
to set up cyber labs accessible to members of the Bar.
Design the course outlines of minimally compulsory MOOCs with widespread
consultation with the legal community.
Mass awareness programmes should be conducted.
The MOOC should be multi-lingual as not all lawyers are comfortable with English.
Law firm-sanctioned courses should get UGC sanction.
Given the explosion in knowledge and the demand for specialized skills for better delivery of legal
services, continuing legal education (CLE) has become a felt need for advocates as well as law
teachers. There is as yet no institutionalized arrangement for CLE though there is increasing demand
for it. The National Law School of India University (NLSIU), Bangalore has a CLE Chair Professorship
organises programmes to help improve the standards of legal education and the legal profession
through individualized training directed towards developing capacities of professionals and
professional institutions. It is organized through residential training programmes of one or two weeks'
duration in different cities in association with law schools and professional bodies of the region. The
focus is on young professionals seeking to mould their career on strong foundations of
professionalism and best practices.
Another object is to produce standardized training materials, trained trainers and infrastructure
facilities so as to help law schools and bar councils to institutionalize CLE on professional lines. A
network of CLE centres across the country will contribute to the advancement of professional
standards and hopefully the quality of legal services available to the common people. Their
programmes for lawyers included: Professional Development Training (PDT) For Young Advocates
and Professional Advancement Training For Specialized Legal Practice.
[Source: https://www.advocatekhoj.com/]
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Indian Institute of Management Kashipur, in collaboration with Uttarakhand Judicial and Legal
Academy, Bhowali, Uttarakhand Judiciary and Legal Association, organised a validation
workshop on 17th December 2019. More than 35 participants attended the workshop.
Dr G K Sharma, the Director of Uttarakhand Judicial and Legal Academy, Bhowali, gave a
brief lecture on the role of Advocates in the Indian Justice Delivery System. He cited
illustrations from the contemporary incidents of Custodial Murder in Hyderabad Rape Incident
and Babri Masjid resolution case to emphasise the legal proceedings and significance of the
legal system in our country. He emphasised the complex galaxy of cases that a lawyer needs to
address throughout their career and how successful could s/he be in this regard.
The failures at maintaining safety and security for females in the country, security and
assurance to the minorities in the nation, etc., were emphasised upon delayed or failed justice.
Emphasising several remedial measures in this regard, he concluded his lecture with the
following assertion:
The advocates should have a mindset that they are a tool of legal research, and they
contribute to the process of law-making. They have to apprise the court on the true
public opinion of a particular law and a[plying same as per the public opinion. The
contribution of advocates in the law-making process and even judicial adjudication is
well known.
The plenary session progressed with an introduction on the ongoing action research project by
Prof K M Baharul Islam, the Project head and Dean, Indian Institute of Management Kashipur.
This was further expounded by Prof Arshad Hussain, the resource person for the session and
an Associate Professor from Kumaon University.
Prof Arshad Hussain, from Kumaon University, Uttarakhand, was the resource person for the
session. He talked about the growth and emergence of the Indian legal profession over a short
period of fewer than 70 years to become the world’s largest and most influential governing
body of the largest democracy in the world, India. The diversity of Indian society is marked
by its caste structure, inequalities and urbanised delivery of services depending upon the market
forces. In most advanced countries, the legal profession has changed its character from
litigation centric to arbitration and consultation based services.
The legal profession, being a private monopoly, is organised like a pyramid in which the top
20% command 80% of the paying work, the middle 30% managing to survive by catering to
the needs of the middle class and government litigation whole, the bottom 50% barely survive
with legal aid cases and cases managed through indescribable and exploitative methods.
Overcrowding flowers in the bottom 50% of the profession fighting for a piece of cake.
Perhaps, the so-called leaders of the profession who have abundant work, unlimited money,
respect and influence who did not bother to look into what was happening to the profession
allowed it to go its way of inefficiency, strikes, boycotts, and private ridicule. This is the
tragedy of the Indian bar today, which otherwise has a noble tradition of being at the forefront
of the freedom struggle and maintaining the rule of law and civil libraries even in difficult
times. The continuing education for legal professionals recognised in most advanced countries
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for quite a long is gaining attraction in India. Legal professionals are increasingly being
exposed to the challenges of a globalised knowledge dissemination system. The rapid changes
taking place in the country's social and economic life also necessitated upgrading the
knowledge base of every professional.
Continuing legal education is a mandatory requirement in countries such as the United States,
Canada, Australia, etc. Such a type of continuing legal education has a tremendous scope in a
country like India. Continuing legal education (CLE) also known as mandatory or minimum
continuing legal education or continuing professional development.
In the US, It consists of professional education for attorneys after their invited admission to the
bar. They maintain their licenses to practice; they are required to complete certain CLE. In
Canada, the attorney must also complete certain required CLE. In Australia, In New South
Wales, Continuing legal education is regulated by the law society of New South wales.
In the Philippines, Continuing legal education in Philippines is regulated by an integrated bar
of Phillippines to ensure that they keep abreast of law and jurisdiction throughout their career,
maintain ethics of the profession, and enhance the standard of law practice.
Amid such drift and mediocrity, the world around, including the legal environment, change
and opportunities for legally trained persons, grew phenomenally, thanks to globalisation,
technological revolution and economic liberalisation. It gives hope to the professionally skilled
that they too could achieve higher ranks. This is where CLE is to be appropriated for
professional development and better delivery of local service.
CLE is also a measure of the accountability of the profession. The days of the general
practitioner have gone, and specialists have entered the scene. The competence of the legal
practitioner is critical for clients, and any dilution in the quality of services rendered is bound
to be counter-productive.
CLE is a major instrument of all professions to ensure minimum competence in the delivery of
service. It enhances professionalism, accountability and public respect for the profession. It is
the sphere of up-gradation of knowledge, particularly in emerging legal practice areas, where
CLE can help the most. Knowledge is not just an awareness of rules; it includes comprehension,
application, analysis, synthesis, and evaluation. Therefore there is a tremendous vacuum in the
professional training which is waiting to be addressed through CLE.
Finally, professional competence in law is the outcome of a skilled application of knowledge
in which proper skills are decisive to the outcome. These include interviewing and counselling
skills, negotiation, mediation skills, research and writing skills, communication and advocacy
skills, drafting skills, facts gathering and articulation skills, time and stress management skills,
etc., all of which can be acquired through supervised practice guided theoretical learning. CLE
is the best mechanism for acquiring it all the time.
For the first time in the history of legal education, the National Law School of India University
Bangalore has established a chair on continuing Legal Education with support from the
International Bar Association, the Food Foundation and the Menon Institute of Legal Advocacy
training.
A government-funded study by IIT Kharagpur recommended introducing mandatory
continuing legal education for lawyers every year to be eligible to practice in any court. Funded
by the law ministry to suggest ways to arrest the declining ethical standard and professionalism
among advocates, the study had suggested designing CLE where newly inducted lawers at the
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bar must get clear 16 CLE credits every year comprising 15 hours of classroom studies and
workshop training in ethics and professionalism.
For lawyers with more than five years of practice, the minimum CLE credits suggested were
12 every year with an optional self-study of 50 hours, including study in subjective and
procedural law, professional ethics and emerging areas of law. Continuing legal education
ensures that legal and judicial reform contributes to changing the attitude and behaviours of
lawyers and citizens. For this reason, CLE should be an integral part of the legal and judicial
reform strategies that are anchored on the rule of law and reflect the country’s social values.
Continuing Legal Education is the need of the hour, and legal education should be dynamic
rather than static. To keep lawyers abreast of the changing law, there is a need to organise
seminars, conferences, workshops, etc., regularly and make it mandatory for professional
lawyers to attain the same. This can go a long way in enhancing the two standard and quality
of the profession. The participants provided the following suggestions fuelling the further
course of research.
The participants that the validation workshop was divided into different working groups and
was requested to elect a under group leader who presented the summary of the group’s input at
the end of the session to all the participants. Drawing from the expert inputs from the resource
persons and participants (Judge / Advocate / Researcher) further provided suggestions on the
different points (given to them). Copies of the draft report of the stakeholders' survey were also
circulated among the groups for reference. The questionnaire for discussion can be seen in
Annexure-3 of this report. At the end of the workshop, the following major issues were raised,
which are discussed in the flowing sections.
Almost Everyone agreed to the idea and showed a positive response, with 30 out of 35
respondents indicated an extremely urgent introduction of the course while 5 encouraged the
idea. There was no negative response whatsoever.
The respondents had a mixed opinion on what level and background should be included in
availing of a compulsory CLE course. Some of them opined that the judiciary and advocates
should be made involve with the CLE compulsorily. A few of them emphasised early
awareness for someone pursuing law and being sure their academic stream should go for CLE
from the early stages. Few of them disagreed on the notion of compulsory introduction since
the local situation of the profession, technology, facilities and background plays an important
role in introducing such practices.
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NO
23%
YES
77%
YES NO
77.13% of the respondents thought CLE was a compulsory introduction for practising
advocates, whereas 22.8% denied a compulsive attribute to such courses. The reason being
rural locale, lack facilities, technology and other hindrance.
While technological and linguistic hindrance leads to some negative responses in availing CLE
through online medium. Everyone almost agreed to a monthly certification course and strictly
refused a diploma or a degree course in this regard. Everyone emphasised the importance of
certification.
YES
27%
NOT SURE
56%
NO
17%
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Question 4: Who should offer CLE Online Programmes? Universities, Law Departments
in other universities, Private Organisations/NGOs, Foreign Universities?
To the question above, a mixed response was generated. Some voted for a separate section
under the Ministry of Law to help in designing CLE courses. Other options in this regard
include state universities, central universities or national law school; a few opted for global
bodies, but due to the limited technological resources, not many were optimistic about the
option and thought NGOs to be a conducible option designing CLE Online programs.
35 Separate Department
under the Law
30 Law Departments from Ministry,33
25 Central Universities, 22
National Law School,
20 18
15
10 Foreign Universities, 5
Private Organisations,
5 1 NGOs, 1
0
Offer Online Programs
Question 5: Should the CLE Online Programmes be free? Or it should be paid as, and a
minimal fee should be charged for conducting online exams and issuing certificates
Some of the respondents thought that there should be free courses owing to the economic
hardships faced by students from underprivileged areas. Adding to the reason, the respondents
cited the significance of free courses lest money should make it a commercial venture. Whereas
many of the respondents thought that a minimal amount for the Maintenance of course material
and certification could be charged since things that come for free are not valued much.
Absolutely
Free
17%
Minimal
Charge
83%
Figure 18: Chargeable/ non-chargeable CLE Courses
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Law is the ultimate instrument of change in our society; it governs and strengthens, regulates
and empowers and is present as the last bleak of hope for the commoners. Its potential remains
unmatched, and it reforms and educates a society. The primary function of law is to protect its
members, provide them with justice and maintain peace and order while considering the
fundamental rights and duties. A democracy depends on the legal system of its country to
function smoothly. The legal system shapes a nation.
The law commission of India defines legal education as a science, which imparts to its student
knowledge of certain principles and provisions of law to enable them to enter the legal
profession. Legal education is thus a platform for the rightful settlement of disputes and
clashes. Hence legal education becomes important for developed, underdeveloped and
developing countries alike. High-quality legal education will yield high-quality legal
practitioners, judges and government law officers. The formal legal education needs to be
appended, with revisions in curriculum and methodologies of law course. Hence, legal
education becomes a crucial subject of evolution; both law and state stand supplementary and
complementary to each other. Legal institutions qualify to the core of all social discipline.
Legal education focuses on developing good lawyers educated in human values and human
rights, besides the law itself.
The changes in development and cultural milieu lead to the framing of new laws. New laws
and policies regarding gender, social, minority, empowerment and several other issues are
framed to synchronise with the social consciousness. As a multicultural, multilingual and
multi-ethnical diverse nation, India serves as a challenging nation when it comes to
introduction, implementation, and awareness of new laws.
Besides the diversity, several factors influence Legal Education in India (Fig 19). Some
challenges and issues surround legal education and policies related to it. There has been a
dramatic unplanned rise in the number of colleges imparting legal education; as of the post-
1970’s record, 81 there are 302 law colleges with over 2,50,000 students on their rolls in the
country. Like the medical profession, legal education is now perceived as a commercial venture
and not a matter of scholarship and service. The involved legal bodies kept increasing the
number of colleges without even a proper infrastructure or other material requirement fulfilled.
As a result, the entrance procedure and admission systems were severely damaged,
accommodating anybody or everybody. These students served as a maximum profit for the
entrepreneurial scheme involved in the process. The profession suffered through all blocks, the
81 Challenges of Legal Education in the 21st century: Mayank Shekhar, Legal Bites, July 6,2017.
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prestige of academia declined, and as a result, faculties and teaching techniques did not match
the standard. The lack of a proper system demotivated students from taking proper exams and
qualifying for an aptitude level entrance.
Government Policy
The Bar Council of India
University Grant Commission (UGC)
Once the formal legal education system smoothens its pace, the policymakers and people from
the legal fraternity will take into consideration Continuing Legal Education as a necessary goal:
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Law is an essential medium of a revolution that strengthens our society. The lawyers bear the
burden of the entire society and their problems. Lawyers should always be updated, upgraded
and aware of the changes in and around; continuing legal education is the need of the hour.
This will facilitate healthy growth and add to the prestige of this profession.
Although awareness and participation in MOOCs leave more to be desired, the survey shows
a positive trend in legal professionals. The increased receptivity of alternative means of legal
education ensures that there is a demand for CLE courses. Most participants agreed that
MOOCs would be beneficial to the career interests of legal professionals. Courses offering
certification or credentials are being especially perceived as an effective way of enhancing
one’s employability. As a way forward, widespread promotion of MOOCs and pointing its
benefits over the long term would be advisable.
6.1. Recommendations
a) Incentivising CLE
We have found that mandatory stipulation of any CLE for the continuation of practising license
like other countries is not preferred by the stakeholders in India. It will require some awareness
and advocacy campaign among the stakeholders before such provisions are made in the
Advocates Act of 1961 and implemented by all concerned in right earnest. However, because
the need and value of CLE are well recognised, and as such, an alternative way to popularise
the CLE will be to provide non-monetary incentives to the advocates who complete CLE
programmes. It will lead to the voluntary adoption of CLE by advocates in India. A few
suggested ways of incentivising CLE may be as follows:
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developed as a part of this project that lists short term and long term programmes available
online. This handbook can be distributed among the Bar members to sensitise them about
the opportunities available to them to get CLE certifications at their own pace.
Award Competitions among Law Firms: Through collaboration between laws firms,
universities and Bar association, regular inter-firm completions can be organised where
law firms will gain public visibility, especially the younger ones, and in the process,
the emerging legal subject-specialisations will also become popular among the
advocates working in corporate law sectors that will again drive them towards CLE
avenues.
Rankings: There examples of different competitions like Forbes India Legal Powerlist
[see https://www.forbesindia.com/legalpowerlist2020] that focuses on reflecting those
lawyers in the profession who has recognised strengths in business practices. Leading
corporate lawyers (individuals and firms) are expected to demonstrate strong
foundations in key commercial-legal issues. Such competitions “aims to identify and
felicitate young lawyers who exemplify distinction, quality service delivery, and those
who demonstrate superior leadership, reputation, influence, stature and profile as Indian
lawyers.” More such competitions will drive the practising advocates to gain some
additional knowledge base in the legal profession to compete in such lists. It will again
directly drive demand for suitable CLE programmes in the country.
Unlike the coverage provided in some national guides, this Global-Wide section
considers firms' capabilities across both transactional and contentious sides of the
market, including; cartel and other government investigations, antitrust litigation, M &
M&A-related competition work, advice, and competition strategies for businesses.
c) Recognising Champions of CLE: There are several unsung heroes in our law colleges,
faculties, departments, law universities and bar associations who strongly support,
propagate and conduct CLE programmes at different levels. If these champions are
identified, supported and “Awarded” by concerned authorities (Ministry, Bar Council,
Courts etc.) through suitable schemes, then the CLE awareness will gain further momentum
in the county. Three categories of champions of CLE can be considered:
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The Individual Champion: This can be an award for significant contributions to the field
of CLE in any law school. The idea will be to focus on rewarding innovation and progress
in the CLE field and the very significant efforts of an individual in pursuing the legal
community to adopt CLE. The Individual Champion may also be individuals who have
shown great leadership and excellence in the CLE work within an educational institution
and fostering collaboration with practising advocates.
Lifelong Contribution to CLE: In the long run, individual and law schools can be
recognised for significant lifelong contributions to the promotion of CLE. These lifelong
achievements should represent significant contributions to the legal community, legal
education system, and the field of CLE itself.
a) In tandem with the National Education Policy (NEP) 2020, a multiple entry/exit system
(MEES) in legal education can be introduced. Law schools in the country can be invited
to develop such customised LLM or even Doctoral programmes that will allow
advocates to earn higher education in law while continuing to practice. Such
programmes enable them to choose from the full range of modules (certificate courses),
incrementally earn credits and finally move towards a higher degree.
b) University Grants Commission (UGC) has already allowed students to gain 20% credits
in graduate courses from the courses offered under SWAYAM programmes online.82
Now, it is proposed to be increased to 40%. UGC has already issued the UGC (Credit
Framework for online learning courses through SWAYAM) Regulation 2016 advising
the Universities to identify courses where credits can be transferred to the student's
academic record for courses done on SWAYAM. AICTE has also put out a gazette
notification in 2016 and subsequently adopted these courses for credit transfer.
However, in the latest (Jan 2021) list, only 3 (three) Legal courses are offered in
SWAYM out of 76 courses. There are only 6 (six) SAWYAM Coordinators for law
schools out of 228 in the list of law institutes (NLU Patna, ILI, NLU Delhi, NLU
82 Study Webs of Active-Learning for Young Aspiring Minds (SWAYAM) is a programme initiated by
Government of India and designed to achieve the three cardinal principles of Education Policy viz.,
access, equity and quality. The objective of this effort is to take the best teaching learning resources
to all, including the most disadvantaged. SWAYAM seeks to bridge the digital divide for students who
have hitherto remained untouched by the digital revolution and have not been able to join the
mainstream of the knowledge economy.
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Odisha, NLU Jodhpur, and NLU Punjab]. A circular issued in February 2021 by UGC
doesn't mention “Law” subjects. In this arena, the law schools can work more
intensively with UGC to offer more law courses that the advocates can access as CLE
programmes.
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One time perpetual registration (licensing) system in India has somewhat disincentivised CLE
among advocates (except the monetized and competitive corporate law sector). Whereas it is
most advanced nations that licensed legal professionals must continue their legal education
throughout their careers to remain eligible to practice law. Policy frameworks like Mandatory
Continuing Legal Education (MCLE) in such countries play a critical role in defining and
determining compliance with the minimum education requirements for lawyers. Of course,
many flexibilities are often built into the scheme of things to facilitate CLE, such as:
Lawyers do not have to attend live or real-time classrooms to earn CLE credits.
They may earn CLE credits by attending online courses, viewing or listening to
recorded events such as webinars, MP3s, or DVDs.
Lawyers can now earn free and low-cost CLEs related to the COVID-19 pandemic.
Lawyers who cannot afford to attend full-time classes, webinars, or online CLE
courses can access free and low-cost CLEs offered by many institutions.
Lawyers can even CLE credits by providing pro bono services.
Given the above and based on the findings of this study, we propose the following action plan
as a way forward:
b) The absence of a CLE / Lifelong Learning environment harms the poor and rural
communities. Mishandling of cases by lawyers, undue delay tactics adopted by many
in closing a case not only harm the poorest litigants in small towns but also over-
burdens the lower judiciary with pendency cases. CLE can focus on professional
practices and increase the efficiency of practising lawyers. Bar Associations need to be
sensitised on this issue and adopt various non-monetary incentive schemes suggested
in the previous section of this report. To launch and monitor such a drive, a national
multi-stakeholder committee – National Committee on Continuing Legal Education
- can be set up by the ministry where professional bodies, corporate representatives and
law schools can initiate a nationwide CLE advocacy campaign.
c) As ‘experience on the job’ does not work seamlessly in the legal profession due to
unequal opportunities available to a new lawyer, CLE can be used to introduce the fast-
changing technological environment like computer-assisted case management, drafting
and the legal reforms that are envisaged under emerging applications like Artificial
Intelligence (AI) and 5G systems.
d) CLE needs a kick start – a national mission (given the challenges of the legal practice
in India) – needs at least five years to place CLE in the professional environment. The
suggested national-level committee can be entrusted with this task by giving it financial
support and a time-bound list of deliverables. Ministry can create this national
committee as a platform, identify champions, bring stakeholders together to show the
win-win in CLE for all parties.
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e) The piecemeal approach generally does more harm than good regarding
standardisation, benchmarking, certifications, and branding. The same is true about any
CLE drive also. Regulatory authorities like BCI and UGC should partner in this mission
from the very beginning to ensure buy-in from the stakeholders and develop a realistic
standard and model implementation framework for CLE.
……………………..
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ANNEXURES
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ANNEXURE 1
List of Participants
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ANNEXURE 2:
QUESTIONNAIRE
(CHAPTER 4: SURVEY AND ANALYSIS, DELHI NCR)
Basic Information
1. Name
2. Affiliation
4. Address
5. Phone Number
6. Email
Relevance of MOOC
9. Do you know that the specialised MOOC programs are being offered under
the SWYAM initiative by the central universities and other institutions in
India since 2014?
10. If yes, do you think that these digital courses based on new educational
technology might help improve your professional competence?
11. Given your busy professional schedule, do you think that MOOC is the ideal
open learning solution to increase your competency?
12. Have you ever signed up for MOOC after completing your education?
14. Do you think that your participation improved your performance in the
profession? How?
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15. If yes, do you think that these courses sharpened your skills only or subject
knowledge also?
16. Do you think that the introduction of MOOC would be a good step for law
professionals in India?
18. If no, what are your reasons for not supporting any of these alternatives or
MOOC as a whole?
19. For which class of lawyers/justice actors, do you think that MOOCs should be
compulsory, or minimally compulsory?
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ANNEXURE 3
VALIDATION WORKSHOP
Global Practices in Continuing Legal Education:
Emerging Platform for Professional Development of Advocates
17 December 2019: Uttarakhand Judicial and Legal Academy, Bhowali, Nainital
1. Select a Group Leader / Moderator who will also present the summary of the Group’s
input at the end of the session to all the participants.
2. In the light of the speeches of the resource persons, and in your own experience as a
Judge / Advocate / Researcher, please provide suggestions on the points given below.
You can also use ref to the feedback received during the survey (report copy circulated).
3. Please be brief and to the point in giving your opinion. After all the Group must respond
to
DISCUSSION POINTS:
QS. 1: Is continuing legal education (CLE) “most essential” for practice as an Advocate today?
QS 3: Will it be suitable for Advocates to undergo CLE through Online Programmes? What
should be the length (week/month/year) and the nature of the programmes – Certificate /
Diploma / Degree?
QS 4: Who should offer CLE Online Programmes? National Law Universities, Law
Departments in other universities, Private Organisations/NGO, Foreign Universities?
QS 5: Should the CLE Online Programmes be free? Or it should be paid as and a minimal fee
should be charged for conducting online exams and issuing certificates.
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ANNEXURE 4
Glimpses from the Validation Workshop at Uttarakhand Judicial and Legal Academy
(17th December 2019)
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Image 4 Participants delivering their ideas regarding MOOC, its implementation and needs.
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ANEXURE 5
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ii
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India has witnessed tremendous growth in the corporate sector in the last
few decades. In view of this, it becomes important for students of law and
commerce to understand the legal dynamics of the corporate sector. The
course covers all important recent developments in this area. The course of
Course Details Corporate Law has been specifically designed to provide not only an
overview but also an in-depth knowledge about incorporation, raising
capital by companies, borrowings and investments by companies, foreign
direct investment in Indian companies, corporate restructuring, corporate
insolvency and other related important issues.
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Diploma/certificate Certificate
Eligibility Criteria Postgraduate
Course Link https://swayam.gov.in/nd2_cec20_hs23/preview
Course Details No government can run a country without revenue. One of the major
sources of revenue is taxation. Taxes can be classified as Direct and
Indirect Tax. Direct taxes encompass those taxes where impact and
incidence falls on the same person. Income Tax Act, 1961 is the
prime legislation in the area of direct taxes in India. It is very
interesting to know various facets of this Act. The Act makes ample
scope for tax planning and tax management by utilizing various
provisions which are enshrined therein. A tax payer can reduce her
tax liability by taking advantage of various incentives that are
provided in the Act. It creates a win-win situation. This PG Level 4
credit course is inter-disciplinary in nature and any graduate who
wishes to learn about Indian income tax system, can enrol.
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This Online practical guide to labour laws will give you details of
important labour laws and its compliance strategies for organizations
in India. These Labour Law Courses in India is very useful for
Industrial Relations Professionals, Employment Lawyers and
Practitioners, Labour Union Leaders, Law Students, Law Graduates,
Lawyers, HR managers and managers, or anyone who wants to do
establish and run business in India.
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which states that "No tax shall be levied or collected except by the
authority of law." Therefore, each tax levied or collected has to be
backed by an accompanying law, passed either by the Parliament or
the State Legislature.
The purpose of this course is to familiarize the students to the basic
modalities of tax laws and procedures. Besides, the focus of this
course will revolve around Direct Tax (Income Tax). As the name
suggests, Direct Taxes are taxes that are directly paid to the
government by the taxpayer. It is a tax applied on individuals and
organizations directly by the government.
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Cybersecurity
E-discovery
Online reputation management
Software licensing
Outsourcing
Software as A Service (SAAS) and Cloud Computing
These emerging industries need capable legal professionals and
consultants, but there are few lawyers who know practical
aspects of IT business, and most lawyers are unable to provide
high-quality legal support.
One cannot become an effective IT lawyer just by studying the
Information Technology Act. If you want to practice in this
area, it is imperative to acquire a range of skills and industry
perspectives. This course is built to fulfill this need. Learn to
negotiate, draft and conduct IT due diligences. Acquire a deep
understanding of the various IT industries and their legal needs.
Institute/University LawSikho
Course Certificate Course in Advanced Criminal Litigation & Trial
Advocacy
Duration 3 Months
Course Fee 14000
Diploma/certificate Certificate
Eligibility Criteria N/A
Course Link https://lawsikho.com/course/certificate-criminal-litigation-
trial-advocacy
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Institute/University LawSkills
Course Trademarks law in India
Duration 6 Months
Course Fee 8000
Diploma/certificate Certificate
Eligibility Criteria NA
Course Link https://www.lawskills.in/
Course Details Trademark is a Brand name. It can either be any name, symbol,
logo, device and slogan which is primarily used to both identify
and distinguish the goods or services of one person from that of
the other. Eg. The logo of McDonald, Coca Cola, Nike etc. The
purchasing decision of a person is highly influenced by the
trademark and the reputation or goodwill associated to it. In this
course, we will study the evolution of Trademarks, the
development of the concept, Trademark as Asset etc.
Trademarks are of several kinds like Product marks, Service
marks, Collective marks, Certification marks, etc. The purpose of
a Trademark is the same irrespective of its kind. It allows the
consumers to make a distinction between the sources of the
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Institute/University LawSkills
Course Money Laundering : Decoding the Law & Measures of Prevention
Duration 6 Months
Course Fee 2000
Diploma/certificate Certificate
Eligibility Criteria NA
Course Link https://www.lawskills.in/
Course Details The statute of Money Laundering i.e., the Prevention of Money
Laundering Act, 2002 has been enacted to combat money
laundering in India. It has the following three aims:
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Institute/University LawSkills
Course Introduction To Economic Offences And White Collar Crimes
Duration 6 Months
Course Fee 2500
Diploma/certificate Certificate
Eligibility Criteria NA
Course Link https://www.lawskills.in/
Course Details Crimes are as dynamic as the society. The offences which have
existed since time immemorial have extensively developed all
over the Globe in recent times. The conduct of the offenders and
the motivation behind the offences has changed a lot too. The
current course intends to educate the learner in the field of
economic offences. The form and matter of economic offences has
changed drastically and has affected the society at large. The
various aspects of economic offences have been identified here
and their implications are thoroughly analyzed. Economic
Offences and White Collared Crimes are persistently growing, and
it is seen that continuously new offences are being added to the
corpus of these crimes. The gravity of these offences is such that
they can significantly alter the financial health of the mightiest
nations. Considering the various factors alongside the need for
dynamism in the legal field, the course traverses through the
various concepts that factor into the commission of economic
offences. Due to their unique characteristics and lacuna in the legal
system, it is difficult at times for the Law Enforcement Agencies
to curb these crimes. This course outlines various Economic
Offences prevailing in India and their implications across different
settings – both at the domestic and international level.
The course further targets at bringing about general awareness
about the manner of conduct and the form of economic offences
and the stark dissimilarities they pose when analyzed alongside the
conventional offences. Special attention is given at analyzing the
economic crimes as discussed under the Penal Code to showcase
their perpetual existence in some form or the other. The course
also details out the serious initiatives taken by the various
enforcing agencies across the globe to curb the menace of these
economic offences.
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Institute/University LawSkills
Course Introduction to Legal Writing
Duration 6 Months
Course Fee 800
Diploma/certificate Certificate
Eligibility Criteria NA
Course Link https://www.lawskills.in/
Course Details Young graduates and experienced practitioners alike might find
legal writing to be a daunting task, since the flair of writing does
not come naturally to everyone. There is much more to legal
writing than bombastic and fancy sounding words, never-ending
sentences and infinite page counts. The present course will
introduce learners to the meaning and concept of legal writing,
especially in the modern, less conventional world as opposed to its
traditional form. It will also highlight the different types,
categories and objectives of legal writing.
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This course will help you understand both the analytical tools and
interpersonal techniques required for dealing effectively
(negotiating) with different bargaining styles and tactics.
Institute/University LawSkills
Course How to Approach the Supreme Court - Practice and Procedures
Duration 6 Months
Course Fee 800
Diploma/certificate Certificate
Eligibility Criteria NA
Course Link https://www.lawskills.in/
Course Details This course delves into the structure of Indian Judiciary. It also
provides an introduction to the evolution of the Supreme Court of
India. This course will familiarize learners with the various
jurisdictions of the Supreme Court, procedure for approaching the
Supreme Court and power of Supreme Court, Supreme Court
Judges and Subordinate Courts / Judges.
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Institute/University LawSkills
Course Doing Business in India- A Complete Guide
Duration 6 Months
Course Fee Free
Diploma/certificate Certificate
Eligibility Criteria NA
Course Link https://www.lawskills.in/
Course Details The world is changing rapidly. With constant advances in
technology, communications and infrastructure, barriers are
disappearing and the business landscape is becoming more global
every day.
When you are looking to cross your national borders for new
opportunities, India is definitely one of the most sought after
destination.
Welcome to India! the fastest growing large economy in the world.
According to the World Bank, the Indian economy will grow at
7.3 % in 2018-19, followed by growth rate of 7.5% for next two
years. India's leap of 23 ranks in the "Ease of Doing Business
ranking" is significant considering that last year India had
improved its rank by 30 places. The implementation of GST with
effect from 1 July 2017 subsuming most of the central and state
level indirect taxes (except customs duty and stamp duty) for a
uniform indirect tax regime across India, is termed as the largest
indirect tax reform in the world in the past 2 decades.
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Course Details
Study anytime, anyplace, anywhere with our Online LLB (Hons) Law
with Criminology degree, available as a 3, 4 or 6 years course. If
you’re looking to pursue a career in the legal or wider commercial
sector, have an interest in criminal justice, crime and criminal
behaviour, but require greater flexibility in study patterns and wish to
study 100% online, this could be the degree for you. This is a
Qualifying Law Degree, having a practical focus, with employability
embedded into the course. Not only will you study the key legal topics
and related skills for the modern law student, but the study of
Criminology will help make you employment ready and open up a
wider array of career options. The course will have a high level of
interaction and you will receive peer and one-to-one professional tutor
review, with over 90% of our tutors being qualified solicitors and
barristers. In 2019, the University of Law was awarded a silver rating
in the Teaching Excellence and Student Outcomes Framework (TEF).
We were found to deliver high-quality teaching, learning and
outcomes for our students and consistently exceed rigorous national
quality requirements for UK higher education.
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Course Details The Diploma in Paralegal Studies program provides the foundation in
the field of law necessary to obtain an entry-level position as a legal
assistant or paralegal in a law-related setting. Our online on on-
campus classes provide an accelerated learning environment in the
field of paralegal studies. Paralegal students are given a student-
account with Westlaw and become efficient in performing online
legal.
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Course Details
Arden University’s online LLB (Hons) with Qualifying Status will
provide you with the necessary legal skills to start your career as a
legal professional. Develop your legal and ethical understanding with
this programme, and specialise in areas of interest to you and your
career path.
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Graduate ready to pursue tax associate positions in the Big Four and
other accounting firms, large banks, trust companies, wealth
management firms, the IRS and other government agencies.
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https://studyabroad.shiksha.com/canada/universities/macewan-
Course Link
university/legal-assistant-diploma
Course Details MacEwan University’s School of business offers 2 year Legal
Assistant diploma program which helps the student in learning
everything they need to know about starting a successful career as a
legal assistant, from legal terminology to legal procedures, and
communications to computer work.
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Course Details
The Criminal Psychology course provides an opportunity to interact
with and learn from very successful, highly qualified and experienced
professionals. It will assisst you in entering a fast growing profession.
Criminal Psychologists play a vital and exciting role in different legal
proceedings, especially when it comes to figuring out the intent and
reactions of criminals. Their expertise plays key roles in offender
profiling and providing second opinions in case studies and witness
interrogations, among others.
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Course Details The online FCI certificate is available exclusively from Utica College,
arming future forensic investigators with critical-thinking skills,
understanding of accounting principles, and a firm grasp on
investigative auditing.
Professionals in the field may be responsible for detecting and
preventing financial crimes in the workplace, conducting internal
audits, or enforcing compliance, regulations, standards and ethics.
The online Certificate blends criminal justice with investigative
accounting to explore different types of internal and external fraud
scenarios in addition to understanding the tools and intelligence
needed to identify the increasingly complex structures of financial
fraud and money laundering
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Course Details This Sports Law and International Sports Law programme at National
and Kapodistrian University of Athens is an introduction to the world
of sports key concepts as conceived in national and international law.
At the same it imports us to the concept of sports disputes, the nature
and character of sports courts and the Court of Arbitration for Sport.
Through this online course we will recorded and investigate major
problems that encounter in the international racing and sport activity.
Finally, we will analyze the topic of labor relations developed in the
context of professional activity of individuals in sports and racing
activity.
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