The decision by the Faculty of Laws at the University of Malta to embark “upon a process to assist our students in the Master of Advocacy degree course to acquire hands-on basic skills” is as commendable as it is important. The reasons for this were clearly explained by the dean of the Faculty of Laws Kevin Aquilina (March 5).
Besides skills strictly linked to legal practice such as legal drafting skills and legal writing skills, which are so much needed and expected of future advocates to file judicial acts and written pleadings in court as well as accounting skills required in company and commercial law practice, the programme of skills acquisition includes a number of personal and social skills.
Among the latter, reference was made to communication skills which embody, among others, interviewing skills, counselling skills, negotiating skills, interpersonal and organisational skills and pro bono or community service skills. Other skills mentioned are reflective practice skills and problem-solving skills.
The more specific skills highlighted form the basis of effective human relations and constructive social interactions, whether these occur in family life, work organisations and other social institutions among which the legal system enjoys primacy of place in a democracy built on the rule of law and human rights.
The manner in which social skills can be applied to legal practice was ably shown by Aquilina through examples of real life experiences likely to been encountered by future practising advocates.
Other aspects of communication skills which may be included are: listening and empathy skills, mediation skills, compromising and reaching consensus as part of Alternative Dispute Resolution (ADR), paraphrasing and summarising skills, public speaking and debating skills, and confrontational skills.
Advocacy is of its nature a process of human relations and social interactions, and as such the inclusion of social skills should be a natural process. Just to mention a specific example which calls legal practitioners’ attention to the need of integrating social skills is family law with its implications of separation cases, the mandatory resort to mediation and referrals to court or tribunal pleadings for declarations of nullity. There is no doubt that legal services rendered to clients are more fruitful when it is reinforced by this basic background knowledge.
There is a valid case to be made for the inherent link between social sciences and law
Although personal and social skills “have not been taught to law students” so far should not be understood that they have been absent from our University. Academic courses in the humanities such as psychology, counselling, family studies, youth studies, social work, and educational studies have always included personal and social skills components.
There are various reasons why the introduction of hands-on basic social skills in a law degree course are relevant.
Different theories in legal studies and the reasoning behind different legal systems can become more meaningful when accompanied by a kind of legal practice seen in the light of hands-on skills and when substantive knowledge in law is complemented by procedural and methodological tools, while abstract concepts become more tangible when translated into concrete case studies engaged in together with their relevant skills. In this way, law and justice are likely to be better served.
On the basis of this reasoning, there is also a valid case to be made for the inherent link between social sciences and law. Having as a backdrop basic knowledge and skills in selected areas in social sciences subjects like psychology, sociology and anthropology gives law degree students a broader perspective of people’s actions, behaviours and motivations in society.
It may be relevant, perhaps, to point out at this stage what Giuseppe Versaldi, Director of Family Counselling Centre (Italy), has said: “It is not only possible, but also important… that we discover at what points the sciences do converge… To understand what a human being is, we need the contributions of all sciences that investigate man.”
The fundamental principle implied here, even if not so explicitly, points to the link between the human sciences and law. Is not law a reflection of society and a structured system of regulating human relations within it?
From above, it is obvious to conclude that it is important to encourage law degree students to opt for study units in the humanities. After all, this shouldn’t be so difficult or extraneous when they are already having a compulsory unit in the philosophy of law. Besides relevant subject matter, there is a wealth of published and online research data in, for example, psychology and sociology on contemporary social issues so much debated in Maltese society and Europe today.
These can shed light on the work of law students, practising advocates, and drafters of legislation who can read in them people’s real life experiences and actually meet mundane situations on which law is built. Furthermore, legal arguments and suggestions for amendments in legislation are evidence-based.
A revision of the law degree course in the sense of linking it to hands-on basic social skills and a greater exposure to social sciences will not only provide a broader personalistic and societal vision to legal advocacy, but “will serve better the legal profession” by giving it a more solid basis “in this current day and age”.
phsaid@maltanet.net
Philip Said is a former education officer for social studies and sociology and part-time senior visiting lecturer, Faculty of Education.