professional competence: can it be taught? a workplace perspective

Hugh Anderson McKnightMSc FITOL

‘evaluation of the competence of professional personnel has occupied the attention of educators for centuries’

McGaghie (1991)

Knowledge

Skills

Attitude

Behaviour

Values

Training Reflective Practitioner

Self Regulated CPD

Learning

Case study (large Scottish Firm) Principally Qualitative Methodology

◦ In-depth semi-structured interview Quantitative dimension

◦ Survey Evaluate professional competence training

undertaken by Trainee Solicitors Sought experience and views of

◦ 1st year trainee solicitors◦ 2nd Year trainee solicitors ◦ Newly – 1year qualified solicitors

Academic stage Pre-Diploma Trainee LLB in Scots Law

Vocational Stage◦ Diploma in Legal Practice

Work-based learning◦ Two year post-diploma training contract

‘From a purely legal perspective, without sounding big headed there was nothing there that I thought I didn’t know… It touched on areas of law that I don’t deal with every day so yeah, technically speaking, I did learn something – but I would never advise a client on something I don’t know about – so in terms of giving you confidence to go and approach a client nothing was learnt there. In terms of soft skills then yeah there was probably a lot. It’s more hints and tips at the end of the day, you know… try and calm people down and things like that, a common sense approach you would do anyway, but always good to reaffirm that, but in terms of black letter law from my perspective and from a private client perspective, there was not a lot learnt there.’

‘‘not much’ ...

‘negotiating part was quite good…For the interviewing there were actors… I suppose that was quite good…as you know you are going to have to deal with [such] situations… [and it] reiterated the fact that I want to do court work’

‘hard to think of anything that I really took from it’...

‘interviewing was relevant and useful…useful to watch other peoples’ approach to situations…work list…outlook…reminder lists were quite useful’

‘I would have much rather have been at work’’.  ‘Work…would have been more beneficial to your development’ .  ‘I could do that here without having to take time out of the office’.

‘I’ve learned so much more working and… being on the job’. ‘You would learn more from working in the office’. ‘I think I probably would have learned more in…the office’.

‘‘The best way to learn is on the job’

‘so far removed from day to day practice’

‘I really do feel that my learning is much better on the job in real life situations’

‘Reassuring to [know] that it is not just you who has bad work management issues’. ‘It’s good to know different people in different firms…you would feel a lot more comfortable to maybe pick up the phone in future if you know someone at the firm. It’s nice to know everyone is in the same boat’.

‘It was good…to see that different people had different skills, trying things out…working as a team… I quite enjoyed but didn’t get that much from it’.

 ‘You would learn more from working in the office… learn from doing and seeing how the team around you operates…from looking at other people’. ‘[You learn through] help from the solicitors around you who are showing you this is how you do it’. ‘My development has definitely come down to the team I’ve been working with … and the people you work along side…whether they are your mentors or your colleagues… are the people who impact your traineeship the most’.

 ‘Without a doubt it is the training that I’ve had during the traineeship directly from the firm… that would constitute people that you’re working for, mentors that you are allocated’. 

‘Learning when you draft something and you give it to a qualified lawyer and …you see why they’ve made certain changes. That is the most useful way to learn’. 

‘The experience of other solicitors is invaluable and their input’ .  

‘A week doing hypothetical scenarios is a week lost doing practical work’.

Overall training perceived as unsatisfactory Knowledge and skills developed to some

degree◦ Skills more than knowledge◦ Issues with terminology?

Learning through application and collaboration

Recognise the value of work-based learning.

Implement a professional competence strategy.

Explore avenues to encourage collaboration between trainees and other solicitors.

Professional competence is most appropriately developed within an individual’s professional practice.

Designers of training be diligent in ensuring that content is not considered to be independent of practice.

Experience of sharing and working with others in the classroom context are as important as the content of the training session itself.

Hugh Anderson McKnightMSc FITOL