May 2014

From the President

Welcome to this edition of the CLEAA newsletter about what’s happening in our community of CPD professionals. Now is the time for CPD “bouquets and brickbats”.   Several jurisdictions are reviewing or are about to review their CPD rules and you will see there are opportunities for CLEAA to canvass the views of members and provide ‘constructive feedback’ to regulators.  A report from your executive follows.

 

Membership: Our membership drive has resulted in 16 people renewing or joining CLEAA in the last couple of months.  Thank you to all who provided names of people to approach and to the persuasive efforts of Dick Edwards.  We know that there are more CPD professionals out there so keep those names coming to dick.edwards@lawyerseducation.co.nz .  CLEAA membership runs from July to June so look out for renewal notices in late June. Remember you will need to be a financial member to access the member rate for the annual conference.

 

Events: Several local get togethers have been organised so thank you to Jacquelyn Simon and the various hosts. We are still looking for hosts and topics in some places so think about whether you can help. Contact jsimon@legalwiseseminars.com.au.

Website: As mentioned previously CLEAA is in the process of upgrading the website. A big thank you to Angie Zanstra, Director of Applied Law Programs at the College of Law for going on to our test website and providing feedback. If anyone else would like access to the test site please get in touch with Ronwyn North rjnorth@streetonconsulting.com.au.

 

Logo: We are all fond of CLEAA ‘map’ logo which shows our Australasian focus. However, the logo does not translate well to the digital environment and in keeping with our plans for refreshment and revitalisation we have commissioned a new logo which will be unveiled shortly.  Thank you to Una Doyle, Head of Professional Development, Membership and Communications at the Law Society of NSW and Andy Raubinger from Raubinger Visual Communications.

 

Conference: As you will see elsewhere, the conference planning is well underway. There are still a couple of spots in the program looking for topics or speakers so contact Jan Christie, jan_christie@hdy.com.au

 

National Reform: One of the roles of CLEAA is to be a resource and advocate in relation to the sensible regulation of CPD. Several jurisdictions WA, SA and NSW/VIC are reviewing or are about to review  their CPD rules. CLEAA has been invited to make a submission to the WA review and is canvassing opportunities to make submissions to the others. See elsewhere in the newsletter for details of changes in some jurisdictions and how to have a say, through CLEAA on the review in WA.

Ronwyn North

 

 

Conference 2014 – Sydney

 

The CLEAA Conference Committee is working hard to stage a stimulating, thought-provoking and enjoyable conference for L&D professionals in the legal arena.  Our conference will be taking place on 16 and 17 October, Do save these dates now.  We are delighted to announce that the NSW Bar Association is kindly hosting our conference in their wonderful facilities – the conference facilities are worth the price of admission on their own.  Our theme for this year’s conference is “2020: Our vision for the future of Learning and Development for the legal profession“, and our aim is to provide a program that looks at the future of our profession, the future direction of the legal profession, and what we can learn from the innovative work done in other disciplines as well as our own. If you have any suggestions for speakers you would like to hear from, or topics that fit within our theme, we’d love to hear from you.  Please contact Jan Christie, the Conference Committee Convenor, at jan_christie@hdy.com.au

 

Update on CPD in our jurisdictions

We will in future have a regular feature in each newsletter on CPD in our jurisdictions. Here is the first of them.

 

Have your say on the CPD review in Western Australia

 

Here is your chance to have a say. CLEAA members have strong, and possibly diverse views about CPD rules as they affect provider organisations and learners and CLEAA is in a position to canvass, collate and comment on these views including if necessary on an unattributed basis.

 

WA: We are on a tight deadline to make a submission to the WA Legal Practice Board so please feed any comments you would like to make to graham.jobling@lawsocietysa.asn.au by 16 May. Here are links to the WA rules and guidelines  http://practitioner.lpbwa.org.au/Continuing-Professional-Development

 

Have your say on the CPD review in NSW/Victoria

 

With the Uniform National Law now having passed in NSW and Vic, CLEAA is seeking information about the process of ‘unifying’ the CPD rules and anticipates an opportunity to comment. Please forward comments to either Graham  graham.jobling@lawsocietysa.asn.au or Jan , jan_christie@hdy.com.au

 

South Australia

A formal review of the South Australian Scheme is yet to be announced but the local admission and education authority, LPEAC, is known to be canvassing views from providers relating to concerns they have that practitioners are arriving at and signing into CPD events and then leaving or are in attendance at CPD events but otherwise engaged. The general view of the CLEAA Executive is that CPD providers should not be CPD regulators but we welcome any further views you may have on this matter and invite to you to pass your comments onto to Graham Jobling via email at graham.jobling@lawsocietysa.asn.au.

Tasmania

Recent changes to the Tasmania CPD rules are as follows:

  1. The CPD point requirement for Substantive Law has been reduced from seven points to one.

Practitioners are required to have a minimum of one CPD point in the four compulsory

categories:

  • Practical Legal Ethics
  • Practice Management/Business Skills
  • Professional Skills
  • Substantive Law

The remaining six CPD points (of the 10 mandatory minimum) may be earned in any combination of the above.

  1. The maximum number of CPD points that can be earned in any one day is six.  [Note – this is of course a cap only on the points that can be ‘recorded’ against the mandatory minimum of 10, other caps already exist in the rules including hours that can be claimed for committee involvement].
  2. The maximum number of CPD points that can be earned in any one year for viewing or

listening to, or preparing material for a multimedia, television or web based program or

recorded material is five. [Note – as above].

  1. A table has been included in the Practice Guideline setting out the points required by

practitioners holding a practising certificate for less than the full CPD year.

 

Policy Changes

As a general rule practitioners employed on a part-time basis will not be granted an exemption

from the requirement to comply fully with the practice guideline.

Caps that exist on CPD claimed in 1 day

A concern that appears to be growing across Australia is the question of how many hours of CPD practitioners may attend in a day before they reach a saturation point. Caps on the number units/points that may be claimed in a single day are imposed in Victoria (6 units), Tasmania (6 points) and Western Australian (7 points) to manage this. Similar caps may be imposed elsewhere as those jurisdictions review their scheme rules.

Invitation to Contribute

 

If you have any CPD rules related matters that you would like to be raised in the Newsletter please direct them to Please forward comments to either Graham Jobling (graham.jobling@lawsocietysa.asn.au) or Jan Christie (jan_christie@hdy.com.au).

State CLEAA events – mark the dates

CPD for you – join in at meetings close to you throughout the year.  Treat yourself with a little personal CPD as well as catch up with CLEAA colleagues over a quick lunch.  Claim these dates in your diaries and we look forward to seeing you there.

Brisbane – Coffee Crawl with CLEAA – Thursday 21 August – 10am – 11am. Thursday 27 November 1-2pm, Hopgood Ganim, Level 8, Waterfront Place, 1 Eagle Street, Brisbane.

Adelaide – Wednesday 2 July, 12.30pm – 2pm, Minter Ellison, Level 10, Grenfell Centre, 25 Grenfell Street, Adelaide.

Sydney – Thursday 7 August 12.30pm – 2pm, College of Law, Level 16, St James Centre, 111 Elizabeth Street Sydney.

Melbourne – Wednesday 6 August 12.30pm – 2pm, Herbert Smith Freehills, Level 42, 101 Collins Street Melbourne.

Perth – Wednesday 21 June, 4pm-5pm, Legal Practice Board of Western Australia.

 

Members in the various jurisdictions will be sent further information on each event closer to the date.

 

Member Profile

Usually we have a profile of the executive for you but all members claim that they have each already been profiled. So we’re starting a member profile. Who better to start with than Chris D’Aeth the Director, Organisation and Development from the NSW Bar Association, our hosts for this year’s conference.

 

“I started my career in legal education quite by accident. In fact I started my whole career quite by accident. I had just completed my law degree in the UK and was travelling around Australia on my ‘gap year’ as they were called in the 1990s. As a young English backpacker I applied for a short-term contract with the NSW Mental Health Review Tribunal. Fortunately the late Dr Robert Hayes, the then president of the tribunal, could see more than just another scruffy backpacker and hired me. I started in March 1997 and five years later I was the Acting Registrar of the Tribunal.

in my role at the tribunal I presented many seminars on the Mental Health Act to hospitals, community mental health centres, family and carer associations and those directly affected by the legislation. I was surprised by how much I enjoyed that aspect of my role. I have found that you never really know where your career and training will take you. I admire those that do know and can steer their ship through turbulent waters and emerge precisely at the destination of their choosing. Mine is more a voyage of discovery. After five years with the tribunal I was ready for a fresh challenge.

In 2002 the NSW Bar was about to introduce a continuing professional development program for barristers. Once again, I applied for a short-term contract. I have now had the great privilege of working for the members of the NSW Bar for the past 12 years.

The introduction of CPD to the Bar in 2002 was a watershed moment. It was not without its challenges but was generally embraced by the Bar and has been tremendously well supported ever since. In that period there have been great changes to practise at the Bar and in the legal profession generally. There have been similar shifts in the approach to CPD, not least due to advances in technology and the emergence of a much greater focus on the teaching of soft-skills and a retreat from black-letter law lectures.

In the years ahead we all know there will be further changes; the task to be embraced by CLEAA members will be to ride the wave

Fewer firms and more time out of the office

The timely release of a recent survey fits alongside the conference theme. It has shown that the days of lawyers working in the office at full-service firms may be numbered. Thomson Reuters released the results of a survey on the Future of Law recently. An overview of the report can be viewed at http://www.lawyersweekly.com.au/news/less-firms-and-more-time-out-of-the-office

John Hanley’s periodic column

 

Members who know John acknowledge him as one of the most creative thinkers of our number. He has kindly agreed to supply a column to our newsletter on an intermittent basis, (Ed)

 How would you rate your digital literacy skills used in the role of a learning and development professional? The NMC Horizon Report Higher Education 2014 Edition[i] “identifies and describes emerging technologies over the coming five years in education around the globe.”

A perusal of the 2014 edition makes for riveting reading including an annotated list of suggested readings and additional examples expanding on the discussions in the report.

Some areas that grabbed my attention included the increasing use of social media to promote learning and development opportunities and some quirky offerings e.g. Texas State University Facebook page promotes the opportunity to deal with exam stress by attending the Alken Library to pet a therapy dog or to learn etiquette in professional dining instruction.

Indiana University has a Make-to-Learn Initiative with a focus on DIY culture e.g. at https://webmaker.org a global community has been established on the premise of exploring tinkering and creating together.

A time-to-adoption horizon of four to five years out identifies the further development of the Quantified Self [ii] utilising data relevant to daily activities through the use of technology. Although the current emphasis relates to improving health, are there opportunities to apply the technology for continuing professional development? Consider the Memoto (now known as the Narrative Clip) – a camera worn around the neck to capture an image every half minute. Could such a gadget be used in communications skills training – being presented with an array of photographs of the facial features of the “client” and how they responded to your questions during a mock interview?

May a reading of the report challenge you to embrace technology in new ways in the year ahead.

[1] Johnson, L., Adams Becker, S., Estrada, V., Freeman, A. (2014). NMC Horizon Report: 2014 Higher Education Edition. Austin, Texas: The New Media Consortium. [Available online at http://www.nmc.org/publications/2014-horizon-report-higher-ed Accessed 23rd April 2014.

[1] ibid. pp. 44 -46

 

Farewell and Welcome

 

It is with regret that Caitlin Martell, who has been our administrator, has taken another position at Leo Cussen Centre for Law that means that she will be relinquishing the role of supporting CLEAA. We wish her well for the future and thank her for her hard work on our behalf. Caitlin’s replacement is Geraldine Barro. Welcome Geraldine. We will have a profile in the next newsletter of Geraldine.

 

 

Five lessons I learned from two years with Richard Branson

Derek Handley spent two years as CEO of Richard Branson’s The B team a global leadership force on a mission to catalyse better ways of doing business for the wellbeing of people and the planet. His 5 lessons are simple, straightforward, readily doable and challenge us all, Read more at http://www.nbr.co.nz/article/what-ive-learned-two-years-richard-branson-dc-155262#.U12nCzmAUfA.email

Correcting your work/life imbalance: top tips

 

The New Zealand Lawyer recently published this article. You can read it in 3 minutes. Read more at http://www.nzlawyermagazine.co.nz/news/correcting-your-worklife-imbalance-top-tips-185822.aspx

Workplace wellness in small business; impacting the bottom line

America’s longest-running small business advocacy organisation the National Small Business Association has published the results of a survey on wellness and profitability. Most of us either run or contribute to the running of small businesses. The report is worth a read and perhaps distribution. Read more at http://www.google.co.nz/url?sa=t&rct=j&q=&esrc=s&source=web&cd=5&ved=0CDsQFjAE&url=http%3A%2F%2Fwww.nsba.biz%2Fwp-content%2Fuploads%2F2012%2F09%2Fwellness-survey-v3.pdf&ei=0LBMU8aiDMnYlQWm8oGQAw&usg=AFQjCNEHJxbUy26zCC8RcFN0dk4XvntogQ&bvm=bv.64764171,d.dGI

Whatever happened to….

Another of our new periodic columns finding out what has happened to past CLEAA members. Who better to start with than Chris Roper . Here is what Chris had to say when asked to tell our members what he is up to these days.

Way back in the olden days CLEAA was called CLEAC – it was a committee (hence the ‘C’) for a short time of the Law Council of Australia.  As best as he can remember, Chris Roper was the Chairman (as it was then called) of that Committee, and possibly the first person to chair it.  He was involved because he then was the Executive Director of the Leo Cussen Institute for Continuing Legal Education (as it was then called).  Only a few people were involved in CLE in Australia and certainly no one in law firms.

As some people may know, Chris went on from Leo Cussen Institute to the College of Law, then only in Sydney, and then to Mallesons Stephen Jaques as Director of Education, and from there to be the founding Director of the Centre for Legal Education.  The Centre did good work for almost ten years before its funding from the Law Foundation of New South Wales dried up, and Chris then resigned from that position.  For the next few years, among a few other things, he was the Alliance Director at the College of Law, establishing and running an alliance between the Colleges of Law in Australia and England.  For a time he was the founding Director of the St James’ Institute in Sydney, which he still supports.

Coming to the present, Chris is as busy as ever, wearing four hats!  He is an adjunct professor at the City University of Hong Kong where he assists with policy, strategy and curriculum design, especially for its practical training program, known as the Postgraduate Certificate of Laws.  He is the Secretary of the Judicial Conference of Australia, the professional association of Australian judges and magistrates.  He also has a few consultancies on the run.  Currently he is working with the Pacific Judicial Development Programme, which took him recently to Samoa and the Cook Islands.  He is also involved in an Australian Government funded project known as the Internationalisation of the Law Curriculum project, and a year ago was in Oman working on curriculum development for a training institute.

From this year Chris is involved again in the (modestly revitalised) Centre for Legal Education as the Chair of its Consultative Committee.  The Centre is now based at the University of Western Sydney, and Chris is an adjunct professor in the School of Law at that University.  He is working on several projects, in particular two which were previously conducted by the Centre – the career intentions of law students and the career destinations of law graduates.

In his Centre work, Chris is in contact with Professor David Barker, who is going strong and is even ten years older than him.  That, says Chris, is what he too hopes to do.

News from England and Wales

A new CPD regime for solicitors?

 

The period for consultation on a new CPD regime for lawyers in England and Wales is finished. Commentary seems to be favouring the “middle option” rather than the radical option of attesting to competence and no prescribed minimum for CPD requirements. We will keep you informed as more information is released by the SRA

 

Continuing challenge to QASA

 

The challenge to the radical accreditation for advocates QASA continues with an appeal against the largely unsuccessful judicial review proceedings due ot be heard on 9 May. Again we will keep you informed.’

 

Contributions to the newsletter

If anyone finds and interesting article that they want to share or wants to write something for the newsletter please feel free to send that to dick.edwards@lawyerseducation.co.nz We are working towards a deadline of 1 July for receipt of copy for the next newsletter.

 

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