OPPORTUNITY KNOCKS!
When I was asked to provide some refresher training on how to make the most effective use of the resources we have available here at Payne Hicks Beach, I saw it as a great opportunity for a number of reasons.
Jackie Fishleigh
The request came from our large and prestigious family department of around 20 fee-earners. I had visited their breakfast meeting as part of my intranet road show in the summer of 2012. This was the subject of my previous article in the Spring issue of LIM. Rather than immediately organising some training I mulled over what might work best in the longer term.
I was aware that the IT department sometimes provides training for which CPD points can be awarded and investigated if I could do likewise. Having discussed this with our HR manager I could see that there was potential for a really useful session.
I put on my thinking cap, sat down and devised an hour's worth of legal research training using the new BIALL Legal Information Literacy Statement or “the toolkit” for which qualified lawyers (N.B. not trainees) can receive unaccredited CPD. To qualify for the latter any training must have “learning outcomes”. Learning outcomes provide a focus and structure. They also make clear what is on offer so that expectations are more likely to be met.
I decided to produce handouts to be taken away as some learners like to have written information to peruse at leisure. They also act as an aide memoire so that any useful points can be looked up again later. Handouts are by no means as common as they used to be but I think they still have a role to play in this sort of session. They also lend legitimacy to the topic being discussed.
To make it flexible I offered 30 minutes or full hour sessions depending on the requirements of the person I was training and how much time they could spare. These days people are used to having a choice, whether it is of TV channels or how they want their coffee in Starbucks, but so far the majority have done the full hour.
THE BIALL LEGAL INFORMAITON LITERACY STATEMENT/TOOLKIT
Around the time I was devising the training, Natasha Choolhun of the College of Law gave a free seminar via conference call on Friday 16th November Reference Choolhun2012 about the BIALL Legal Information Literacy Statement/Toolkit. These sessions were open to members of the BIALL Solos group. They cost nothing and are a huge source of inspiration and motivation. The calibre of speaker is very high. Afterwards I felt more confident that I was on the right track.
Natasha explained the background to the Statement. In early 2012 BIALL established a working group with a brief to develop suitable legal information literacy standards for use in all sectors of law librarianship in the UK and Ireland. This culminated in the BIALL Legal Information Literacy Statement. The Statement aims to enable law students, at both the academic and vocational stage of training, to develop comprehensive legal research skills following a five stage model. Each of the five stages is expanded into separate competency based learning outcomes. Natasha spoke about the survey findings which shaped the content of the Statement and how the Statement can be used to design legal research training materials.
BACKGROUND TO THE SURVEY
Informal discussions flushed out the rather alarming fact that at one large firm the law librarians were being asked to check the legal research work of trainee solicitors.
The aim of the survey was to investigate whether this perceived dip in the level of legal research skills, based partly on shared observations of the “google effect”, was genuine. A survey was therefore carried out in February 2012. It revealed that a third of respondents felt that skills were poor.
The weak areas were as follows:
Combining terms/using connectors
Cross-checking information
Understanding the limitations of Google
The UK decided to follow the lead taken by a US Legal Information Professional who had produced a “Law Student Research Competencies and Information Literacy Principles Report”.
Information Literacy for those who are new to this field is defined as the ability to recognise the need for information, know where to find it, evaluate and use it.
So far I have not come across any lawyers who have heard of the concept!
FIRST CATCH YOUR LAWYER…
I advertised the training by e-mail and on my weekly legal update. Even though the training had been requested by the department it has still been hard work actually organising the sessions. Lawyers are remarkably difficult to pin down for training. There is always “someone shouting louder” as one fee-earner recently explained when he failed to reply to an e-mail of mine. The queue of people shouting loudly is likely to include clients, Partners, colleagues, counsel, the other side (on a case not spiritually!) and possibly friends and family asking about dinner!
In my session the learning outcomes are:
1. Legal research skills – 5 stage model.
2. How to make the most effective use of the resources available.
3. How to obtain laptops and I-pads for external use.
I wanted to make sure the training was not too arcane so I explained the parts of the model relevant to a busy fee-earner as well as a simplified version of the 5 stage cycle diagram. I also took them through the cartwheel method. I had put more detailed information in the packs I gave them at the end.
The SCONUL digital lens is a very intricate production. I wrote a summary sheet of the main points. I am still working up better examples to illustrate the points I make. I raised this with Natasha at the audio seminar and she agreed that more practical examples were needed and that this was being worked on.
I have found that using examples such as newspapers work quite well for a lawyer in any department. I discuss the advent of so called “paywalls” (charging mechanisms) which mean the FT and Times are excluded on Westlaw. I also point out the importance of different editions and the growing prevalence of online editions.
BAILII (British and Irish Legal Information Institute) also seems to act as a good example for cases. I explain how it only goes back to the 1980s and that it contains just raw transcripts without the added value commentary given by the commercial publishers. I contrast this with its incredible speed.
I HAD THIS REALLY INTERSTING ENQUIRY
…in the back of my cab!
I also treat them to some of my own personal searching tips and general approach which is one of keeping an open mind, and having a determined, persistent and methodical outlook. Nothing new there I hear you cry. Meat and drink to LIS folk! I also cover the difficulty of proving definitively that a sought after item really does not exist and make the perhaps jaw dropping revelation that even after all these years and thousands of enquiries I still feel a certain trepidation when doing legal research. In my experience people like anecdote-based tips and so I feel a bit like a taxi driver… I had this very interesting enquiry in my cab the other day!
Although I was initially quite daunted by the thought of doing the training, I am enjoying it and finding it very useful from my own point of view. I always start the session after the initial arrival with a general question of mutual interest or of concern to that individual. It is a good way to tune in to them and to gauge what sort of mood they are in. If they are in a foul mood, I throw them out. If only! Then I quickly move on to the training. Just a few minutes of chat gives a chance for both parties to relax a bit and focus on the matter in hand.
I am very conscious of time in these sessions. To cover everything in 30 minutes is a time management assault course. An hour provides much more of an opportunity to expand and explain points in greater detail. But the choice lies with the lawyer so you have to be on your toes.
After the first couple of sessions I reflected on whether I should turn it into a DVD they could watch at their leisure. But the beauty and value of it is that each session is tailored to each attendee in a way that only works face to face. I can gallop rapidly through matters of little interest and then linger over areas they really want to hear about - saying more about a chosen topic than I ever would in a standard audio visual production. No two people are alike. One person may confess to a lost password or inability to use a search screen while another may want to know exactly what the difference is between two sources. All these things are equally valuable and worth going into. Outside these CPD sessions it is rare to snare a lawyer for as long as half let alone a full hour. There are eureka moments - “this is so useful” seems to be the exclamation of choice! Sometimes there is follow-up work to be done – checking logons, providing clarification on any queries that couldn't be dealt with during the session. It is a great way to renew acquaintances with lawyers you may not see that often and obviously to raise your profile.
A face to face session like this can bring unexpected benefits. When I asked a Partner I trained whether there were any cases he would like to search on he mentioned one which he said would be very significant for the future of the divorce courts in London as it was being heard in the Supreme Court the following week. This was a really useful heads up. Later that day at a social event I mentioned it to an assistant in our Company Commercial department because the case concerned individuals running their own companies who use them to protect wealth or hide assets depending on one's viewpoint. He was very interested because it involved the thorny subject of “Piercing the Corporate Veil”. I was able to then make a diary note to follow the case like a hawk.
Writing the script and doing the handouts for the session took time and obviously there were nerves during the first couple of sessions. I knew it would be successful because I asked the Associate who came along as a guinea pig to give honest feedback so I could improve it. Once the content and format were finalised it only required brief preparation and getting oneself “into the zone” before each punter arrived. I try to be a bit more extroverted than normal for these sessions. When Bruce Forsyth was interviewed recently he explained that when he does his little hop at the beginning of his shows /performances that is when he gets into character. I have also been to the live recording of a TV comedy quiz show where you could really see the difference between the demeanour of the presenter on and off screen. We need to try and be like them and have a training persona which showcases our skills to our best advantage.
TRAINING IS LIKE PAINTING THE FORTH BRIDGE
Being able to offer this training will be useful at the end of the CPD year when there can be a sudden rush for points. Anything on site, free and easy to arrange is always popular! I plan to advertise it nearer the time for any takers in any department.
The sessions will also be useful for trainees either at the start of their training contracts or when they change seats. It will provide a valuable opportunity to chat to them about how they are getting on.
Training is a bit like painting the Forth Bridge – by the time I have caught everyone it will probably be time for another refresher!
