This course delivers an overview of the technological and social trends that are disrupting legal practise, leading to new business models and new career paths. The course will equip students with the analytical tools and insights they need to survive and thrive as technology changes the way in which law is practised.
The course will build on the work of Richard Susskind, represented in his books The End of Lawyers? and Tomorrow’s Lawyer. Students will be asked to critique the likely impact of technology, the assumed emergence of NewLaw, the “death” of the traditional partnership model for legal services, and to develop their own views about the future of legal practice and the opportunities that may arise for them as practitioners.
The course begins with an overview of the way in which the legal profession is regulated, the way in which this form of regulation both assumes and reinforces the traditional partnership mode of legal practise, and a presentation of conceptual tools for analysing the different types of legal services that clients require.
Using this framework, the course then analyses each of the different types of legal work having regard to:
• the ways in which technology may impact on how that type of legal work is delivered;
• the different business models that have emerged, or may emerge, to perform this type of legal work in the future; and
• the impact, if any, these changes may have for the way in which lawyers are employed and trained and the way in which legal practise is regulated.
The course finishes by asking students to step back and take a broader view of what these changes may mean for clients, citizens, and governments in terms of better access to legal services.
 

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Demonstrate an understanding of the laws governing the regulation of the legal profession and the technological trends impacting on the practise of law and the regulation of the legal profession;
2. Demonstrate mastery of the laws regulating the legal profession to critically reflect on the way in which lawmaking, the legal profession, and the practise of law will be impacted by technological change;
3. Demonstrate the cognitive, technical and creative skills to investigate, analyse and synthesise the impact technology will have on the different types of legal practise, the regulation of lawyers, and the way people access legal services;
4. Demonstrate communication and technical research skills to justify and interpret propositions and conclusions about the impact technology will have on the future of legal practise, the regulation of the legal profession, and the way people access legal services;
5. Demonstrate the ability to autonomously design, theorise, plan, execute and evaluate a substantial research-based project analysing and critiquing the likely impact technology will have on the future of legal practise, the regulation of the legal profession, and the way people access legal services. Modules, teaching, learning activities and assessment are designed to develop the student’s / participant’s cognitive, technical and practical skills and knowledge to be able to draft and review doc

Research-Led Teaching

This course is based on Scott's original research and thinking on the impact of technology on law and legal practice. Students will be introduced to several unique models for thinking about and analysing the impact technology and innovation may have on legal practice and on the law in general.

Required Resources

There are no prescribed text(s) for this course. 

However, students will find the following books very useful as background reading.

• Susskind, Richard, The End of Lawyers?, Oxford University Press, 2010
• Susskind, Richard, Tomorrow’s Lawyer, Oxford University Press, 2013
• Susskind, Richard, Susskind, Daniel, The Future of the Profession How Technology will Transform The Work of Human Experts, Oxford University Press, 2015
• Beaton, George, NewLaw New Rules, Beaton Capital, 2013
• Barton, Benjamin, Glass Half Full, The Decline and Rebirth of the Legal Profession, Oxford University Press, 2015

Recommended Resources

There is no prescribed preliminary reading.

Suggested preliminary reading includes:

• Susskind, Richard, The End of Lawyers?, Oxford University Press, 2010
• Susskind, Richard, Tomorrow’s Lawyer, Oxford University Press, 2013
• Susskind, Richard, Susskind, Daniel, The Future of the Profession How Technology will Transform The Work of Human Experts, Oxford University Press, 2015
• Beaton, George, NewLaw New Rules, Beaton Capital, 2013
• Barton, Benjamin, Glass Half Full, The Decline and Rebirth of the Legal Profession, Oxford University Press, 2015

Staff Feedback

You will be given written and/or oral feedback pointing out things that have been done well and those that could be done better or differently. You will be given written or oral feedback following any submission of an assessment. This is typically available 1-4 weeks after submission of the assessment. You may seek further elaboration on any feedback - either from your marker or by the Convenor. If you feel that your feedback and grade does not reflect your performance, please contact the Convenor in writing and outline your concerns. Your submission will be re-marked by a new examiner.

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.

Other Information

External Resources

Information about the ANU Law Library, including details of E-Legal research online resources (for example, CCH Intelliconnect, Legal Online, LexisNexisAU, etc) is available to ANU students and can be found at http://anulib.anu.edu.au/subjects/law. For access to the online resources please go to: http://virtual.anu.edu.au then type in your student number and password. At various points throughout the course you will be directed to other useful external resources.

Referencing Requirements

Where required, students must use footnotes for referencing and the Australian Guide to Legal Citation (http://www.law.unimelb.edu.au/mulr/aglc) for the citation style. 

Word Limits

The method of calculation of word length for assessment pieces in this course is a global word count. This means that when calculating the number of words of a piece of assessment students must include all headings, text, and footnotes (excluding bibliography). Students should calculate this using Microsoft Word’s word count function or equivalent. The default penalty is as follows: the mark which is awarded initially will be reduced by half the proportion by which the word limit has been exceeded. As an example, if the word limit is 2,000 words, and the essay submitted is 3,000 words long, then the initial mark for the essay would be reduced by 25% of that mark.

Papers which fall short of words will not be penalised on that basis alone. However, short papers risk failing to address the question adequately.

ANU Library

All enrolled ANU students can access the ANU databases (including the full-text databases such as Westlaw) through the ANU Library webpage http://anulib.anu.edu.au/lib_home.html

Opening hours for the Law Library can be accessed at http://anulib.anu.edu.au/using-the-library/opening-hours/.

To access restricted ANU web pages from home as though coming from a computer on campus you need the Reverse Proxy Server known as ‘Virtual’. You can access virtual through http://virtual.anu.edu.au/login.

Students living near another law school may need to access print resources from their local school. ANU students can use these collections through the University Library Australia national borrowing scheme. The scheme allows people who are enrolled at a university in one city to access university libraries in another city at a reduced rate. For further information see http://www.caul.edu.au/caul-programs/university-library-australia.

Students who wish to participate in this scheme need to join at the library they wish to access material from. The cost of the scheme is $50 per academic year.

The ANU document delivery service is available for remotely located students in non-capital cities. For further information see https://anulib.anu.edu.au/using-the-library/document-supply-services/.

The ANU Library Off-Campus Service is available to students who live more than 60 kilometres from the ANU campus at Acton, ACT. Before using the service for the first time, you will need to complete the online User Agreement Form. You will then be able to request a book, table of contents, chapter or article using the request forms on the Off-Campus Service web pages. For further information see http://anulib.anu.edu.au/offcampus/.

 

Sub-Dean, GDLP/MLP

The GDLP/MLP Sub-Dean can be contacted via email on subdean.slp@anu.edu.au

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Lawyers, Legal Practice & BigLaw
2	Technology, Legal Practice & NewLaw
3	The Future of Legal Advisory Services
4	The Future of Legal Facilitation Services
5	The Future of Litigation Services
6	Online Discussion	Assessment 1 due: Friday, 30 August 2019 11.59pm (AEST)
7	The Client’s Perspective	Assignment Feedback & Online Discussions
8	Society’s Perspective
9	Lawyers. The Law & Courts
10	Online Discussions
11	Online Discussions	Assessment 2 due: Friday, 18 October 2019 11.59pm (AEDT)
12	Online Discussions	Assessment 3 due: Friday, 25 October 2019 11.59pm (AEDT)

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Group Research Paper (30%)	30 %	30/08/2019	13/09/2019	1, 2, 3
Discussion postings (10%)	10 %	18/10/2019	01/11/2019	1, 2, 3, 4
Individual Research Paper (60%)	60 %	25/10/2019	22/11/2019	1, 2, 3, 4, 5

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:

• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Policy and General Information
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the ANU Online website Students may choose not to submit assessment items through Turnitin. In this instance you will be required to submit, alongside the assessment item itself, hard copies of all references included in the assessment item.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

You must check Wattle course announcements and forum discussions as well as your ANU email at least every 24-48 hours.

All email correspondence from the ANU will be sent to your ANU email address. You may arrange for your ANU Email to be forwarded to an email address you check daily.

Alternatively, set your personal setting to provide you with all the reminders you need to achieve this. At the end of the day, it is your responsibility to ensure you are actively committed and involved in this course.

The course will be conducted in the following time zones (Canberra time). 

Australian Eastern Standard Time (AEST): from 7 April 2019 to 6 October 2019.

Australian Eastern Daylight Time (AEDT): from 7 October 2019 to 5 April 2020.

Please make appropriate adjustments if you are located in a different time zone.

Assessment Task 1

Group Research Paper (30%)

Format: Research Paper

Approval of Topic: Students will be assigned to small groups (2-3) and each Group will research technological innovations in a different area of law.

• Topic 1 - The Future of Legal Advisory Services
• Topic 2 - The Future of Legal Facilitation Services
• Topic 3 - The Future of Litigation/Prosecution Services

Submission Date: Friday, 30 August 2019 11.59pm (AEST)

Length: 2400 words, not including footnotes and bibliography

Estimated Date of Results: 2 weeks after due date

Assessment Criteria:

Understanding of the Issues

• addresses the question and covers all the important points
• evidence of close consideration of the question and the research materials drawn on
• issues raised by the topic are clearly and concisely identified
• material chosen relates clearly to the topic and is analysed not just summarised or quoted extensively

Communication & Development of Argument

• clear theme or argument
• arguments logical and well-organised
• ideas/paragraphs linked coherently

Argument/Analysis

• originality of ideas and critical analysis of the material
• complexity and insight in dealing with theory/ideas
• suggestions for change where appropriate
• interdisciplinary perspective where appropriate
• addressing opposing arguments
• well-reasoned conclusions

Research

• research covering primary and secondary materials
• good organisation of sources and ability to synthesise all the research materials used
• use of theoretical material where appropriate
• range of research sources
• integration of material from research resources into the essay

Presentation, style and referencing

• good use of structure, section headings and paragraphs
• clarity and conciseness of expression, interesting and engaging of reader
• use of appropriate terminology and correct grammar, syntax and spelling
• full and accurate footnotes together with a bibliography
• style according to Australian Guide to Legal Citation
• adherence to word limit

Assessment Task 2

Discussion postings (10%)

Format: Discussion Postings

Approval of Topic: Students submit two discussion postings of 400 words each for marking, one being their primary contribution to the online discussion and one critiquing a discussion post(s) of another student.

Submission Date: Friday, 18 October 2019 11.59pm (AEDT)

Length: 800 words in total (400 words per discussion post)

Estimated Date of Results: 2 weeks after due date

Assessment Criteria:

Preparation and understanding the circumstances, facts and context

• consulting and reading pre-assigned materials in advance of the activity
• linking material provided (in-class and / or online only)
• consulting literature identified in the reading and course guide
• where necessary undertaking original research

Thinking critically about the circumstances, facts and context

• looking at circumstances and issues from different angles
• questioning assumptions / facts and context
• ability to use course concepts to self-reflect on preparation skills and negotiation performance

Interactive activities

• expressing ideas clearly to all parties and in accordance with course concepts
• use of appropriate language that can be understood by all parties and in accordance with course concepts;

Engagement with the activity and parties

• presenting the circumstances, facts and any materials clearly and concisely
• responding to questions from other parties appropriately
• treating all participants respectfully and in accordance with expected professional behaviour

Presentation, style and referencing

• good use of structure, section headings and paragraphs
• clarity and conciseness of expression, interesting and engaging of reader
• use of appropriate terminology and correct grammar, syntax and spelling
• full and accurate footnotes together with a bibliography
• adherence to word limit

Assessment Task 3

Individual Research Paper (60%)

Format: Research Paper

Approval of Topic: A selection of standard research questions will be posted on the Course Wattle site. In addition, students may choose their own topic with the approval of the Course Convener. Topics should be confirmed before the Teaching Break.

Submission Date: Friday, 25 October 2019 11.59pm (AEDT)

Length: 4800 words

Estimated Date of Results: 4 weeks after due date

Assessment Criteria:

Understanding of the Issues

• addresses the question and covers all the important points
• evidence of close consideration of the question and the research materials drawn on
• issues raised by the topic are clearly and concisely identified
• material chosen relates clearly to the topic and is analysed not just summarised or quoted extensively

Communication & Development of Argument

• clear theme or argument
• arguments logical and well-organised
• ideas/paragraphs linked coherently

Argument/Analysis

• originality of ideas and critical analysis of the material
• complexity and insight in dealing with theory/ideas
• suggestions for change where appropriate
• interdisciplinary perspective where appropriate
• addressing opposing arguments
• well-reasoned conclusions

Research

• research covering primary and secondary materials
• good organisation of sources and ability to synthesise all the research materials used
• use of theoretical material where appropriate
• range of research sources
• integration of material from research resources into the essay

Presentation, style and referencing

• good use of structure, section headings and paragraphs
• clarity and conciseness of expression, interesting and engaging of reader
• use of appropriate terminology and correct grammar, syntax and spelling
• full and accurate footnotes together with a bibliography
• style according to Australian Guide to Legal Citation
• adherence to word limit

Academic Integrity

Academic integrity is a core part of our culture as a community of scholars. At its heart, academic integrity is about behaving ethically. This means that all members of the community commit to honest and responsible scholarly practice and to upholding these values with respect and fairness. The Australian National University commits to embedding the values of academic integrity in our teaching and learning. We ensure that all members of our community understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with. The University has policies and procedures in place to promote academic integrity and manage academic misconduct. Visit the following Academic honesty & plagiarism website for more information about academic integrity and what the ANU considers academic misconduct. The ANU offers a number of services to assist students with their assignments, examinations, and other learning activities. The Academic Skills and Learning Centre offers a number of workshops and seminars that you may find useful for your studies.

Online Submission

You may be required to submit an assessment either through:

1. Wattle dropbox and Turnitin, or
2. Wattle dropbox only, or
3. Turnitin only.

Please read the instruction for each assessment carefully.

Where assessments are to be submitted using Turnitin in the course Wattle site, you will be required to electronically sign a declaration as part of the submission of your assessment.

Where assessments are to be submitted using Wattle dropbox in the course Wattle site, you will be required to electronically sign a declaration, by tick boxes, as part of the submission of your assessment. If you fail to do this, you assessment will be recorded as a draft only. This may affect its acceptance as a submitted assessment.

Please keep a copy of all your assessments for your records.

Assessments must be submitted in the format identified in the assessment instructions, for example, in accordance with relevant court or tribunal requirements; usual contract or will formats or advice format.

Research essays, reflective comments or similar documents must be submitted in 12-point font, double-spaced, formatted for A4-size paper, and with pages numbered.

Hardcopy Submission

No hard copy submission will be accepted in this class.

Late Submission

Policy regarding late submission is detailed below:

• Late submission not permitted - If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• Extensions late submission and penalties - https://law.anu.edu.au/extensions-late-submission-and-penalties

Referencing Requirements

Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.

Returning Assignments

Your written work will receive feedback and grading via the course Wattle site under the corresponding assessment drop box. Assessment results are typically available between 1-4 weeks after the due date via the same dropbox your assessments were submitted to. The Convenor will post announcements about when you can expect your assessment results.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure The Course Convener may grant extensions for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information. In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service — including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy. If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes. Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents undergraduate and ANU College students
• PARSA supports and represents postgraduate and research students