Professional Documents
Culture Documents
Lynne Taylor, Natalie Baird, Ursula Cheer, Valerie Sotardi & Erik Brogt
To cite this article: Lynne Taylor, Natalie Baird, Ursula Cheer, Valerie Sotardi & Erik Brogt (2023)
The making of Aotearoa | New Zealand lawyers: a longitudinal study of law students and law
graduates, The Law Teacher, 57:3, 309-336, DOI: 10.1080/03069400.2023.2228125
ABSTRACT
From 2014 to 2019 the authors conducted a longitudinal study of a self-selected of
cohort of students enrolled in undergraduate law programmes at three New Zealand
universities. This article reports the experiences and reflections of 75 cohort members
who participated in all seven data collections. By the end of the study, most of the
cohort of 75 were engaged in legal work. Results are discussed in the light of four
factors influencing student persistence, engagement, and self-efficacy. Results provide
data on the nature of participants’ pre-university backgrounds and characteristics; the
nature of formal learning opportunities offered to them while at law school and the
frequency and ways in which they participated in those activities; their relationships
with their teachers and peers; and external events occurring while they were studying
that had an adverse impact on their studies. We cannot offer evidence as to how these
influences combined to influence the persistence, engagement or self-efficacy of
individual students or the wider cohort, but we report commonalities and trends in
responses. Also reported is data relating to the cohorts employment destinations and
experiences. Areas for further, empirical study are identified, including the need for
research on groups under-represented in this cohort.
KEYWORDS New Zealand law students; New Zealand law graduates; national longitudinal study
Introduction
Over 2014–2019 the author team conducted a six-year longitudinal study of a self-
selected cohort of Aotearoa | New Zealand law students who were enrolled at the
beginning of 2014 in first-year law programmes at the Universities of Auckland,
Canterbury and Waikato. The participating universities represent half of all New
Zealand law schools.1 We collected data from the cohort via seven online surveys across
each of their years at law school and for up to two years post-law school. We undertook
the longitudinal study in the absence of comprehensive, published data on the
Aotearoa | New Zealand law school experience and beyond. Our aim was to provide
a complete and novel dataset for use by law students (present and future), law teachers,
law schools, the Council of Legal Education (the regulator of Aotearoa | New Zealand
legal education) and the wider legal profession. Throughout the longitudinal study we
have used the higher education literature on student persistence, engagement and self-
efficacy to contextualise the collected data.
This article reports a subset of the data, the experiences and reflections of 75 cohort
members who were sufficiently engaged with the longitudinal study that they com
pleted all seven online surveys. The cohort shared many similarities in terms of demo
graphic backgrounds and experiences so is not necessarily representative of the wider
Aotearoa | New Zealand law student population. However, the commitment of our
cohort to the longitudinal study means that we can present their responses as they
stand and track trends and changes over time. By the time of the last data collection in
2019, most of the 75 were “successful” on several measures. Most had completed a law
degree and had entered the workforce where they were employed in work of a legal
nature. These are objective measures of success for the law schools and universities at
which cohort members were enrolled. It is likely also that many of the cohort saw their
achievements as representing “success” in subjective terms. For example, most were
engaged in work they found satisfying and enjoyable, most intended still to be engaged
in legal work in three years’ time, and most would still choose to study law if they could
go back in time.
Participants who had completed their studies by the end of the longitudinal study
had, by dint of this, exhibited the necessary degree of persistence, engagement with
their studies and self-efficacy to achieve this milestone. We present and discuss the data
provided by participants in the light of four factors identified in higher education
literature as influencing student persistence, engagement and self-efficacy: students’
pre-university backgrounds and experiences; the nature of, and frequency of students’
participation in, the formal learning opportunities on offer to them; students’ relation
ships with lecturers (teachers) and peers; and external life events occurring
while students are studying. Although we cannot report how these influences com
bined to determine persistence, engagement and self-efficacy in individual participants
or the wider cohort, we can and do report commonalities and trends in responses as
they relate to each of these influences. Law teachers and law schools may use this data
to review their practices, and/or inform future developments and research to improve
the experiences of all students.
Although results and findings are based on data collected prior to the Covid-19
pandemic, they nonetheless provide a useful point in time reference. It is also the case
that many of the cohort’s pre-university backgrounds and characteristics (such as
a realistic view of what a legal career involves, and a strong commitment to pursuing
a legal career) remain relevant influences on persistence, engagement and self-efficacy
in the post-Covid-19 learning and teaching environment.
situated in the North Island of Aotearoa | New Zealand. The law school at the University of Canterbury is one of
two law schools situated in the South Island. The participating law schools thus represent a cross-section of
Aotearoa New Zealand law schools.
THE LAW TEACHER 311
The next section describes legal education in Aotearoa | New Zealand. This is
followed by a literature review and description of the longitudinal study methodology.
Results are then presented and discussed. The final section concludes.
2
Lawyers and Conveyancers Act 2006 (NZ), s 4 (see the definitions of “lawyer”, “legal services” and “legal work”).
3
“Twenty Sixth Report of the New Zealand Council of Legal Education to the House of Representatives” (2016) 5.
4
Professional Examination in Law Regulations 2008 (NZ).
5
Professional Legal Studies Course and Assessment Standards Regulations 2002 (NZ).
312 L. TAYLOR ET AL.
6
Vincent Tinto, Leaving College: Rethinking the Causes and Cures of Student Attrition (2nd edn, University of
Chicago Press 1993) 114–15. Vincent Tinto, “Research and Practice of Student Retention: What Next?” (2006) 8
Journal of College Retention 1.
7
Daniel Flynn, “Baccalaureate Attainment of College Students at 4-Year Institutions as a Function of Student
Engagement Behaviors: Social and Academic Engagement Behaviors Matter” (2014) 55 Higher Education
Research 467, 487, 490.
8
Tinto, “Research and Practice of Student Retention: What Next?” (n 6) 3; Maureen Snow Andrade and others,
“The Impact of Learning on Student Persistence in Higher Education” (2022) 24 Journal of College Student
Retention: Research, Theory & Practice 316, 319.
9
George D Kuh and others, “Unmasking the Effects of Student Engagement on First-Year College Grades and
Persistence” (2008) 79 Journal of Higher Education 540, 542. For a consideration of these factors in a legal education
context, see Amy N Farley and others, “A Deeper Look at Bar Success: The Relationship Between Law Student
Success, Academic Performance, and Student Characteristics” (2019) 16 Journal of Empirical Legal Studies 605, 609.
10
Nick Zepke and Linda Leach, “Improving Student Engagement: Ten Proposals for Action” (2010) 11 Active
Learning in Higher Education 167; Katherine Wimpenny and Maggi Savin-Baden, “Alienation, Agency and
Authenticity: A Synthesis of the Literature on Student Engagement” (2013) 18 Teaching in Higher Education 311.
11
Alexander W Astin, What Matters in College? Four Critical Years Revisited (Jossey-Bass Publishers 1993) 394; Kuh and
others (n 9) 541; Jana Law-Hwa Bowden, Leonie Tickle and Kay Naumann, “The Four Pillars of Tertiary Student
Engagement and Success: A Holistic Measurement Approach” (2021) 46 Studies in Higher Education 1207, 1208.
12
Adēla Garcia-Aracil, Silvia Monteiro and Leandro Almeida, “Students’ Perceptions of Their Preparedness of
Transition to Work after Graduation” (2018) 22 Active Learning in Higher Education 49, 60–61.
THE LAW TEACHER 313
Few would quibble with the proposition that student engagement is the result of the
interplay between the students and the universities at which they are enrolled and students’
pre-university backgrounds and ongoing external interactions while they are studying.
Research into exactly how these factors interact positively or otherwise is ongoing and
has given rise to multiple and increasingly complex models. For example, Australasian
researchers Kahu and Nelson contend that student–institutional interactions lead to four
elements (self-efficacy, emotions, belonging and wellbeing) which operate at the “educa
tional interface” to increase or decrease student engagement.13 Continuing the Australasian
theme, Bowden, Tickle and Naumann define student engagement as “[a] student’s positive
social cognitive, emotional and behavioural investments made when interacting with their
tertiary institution and its focal agents (such as peers, employees and the institution
itself)”.14 They explore how these investments not only are affected by student expectations
and involvement, but are positively linked with student success (which they define as
student wellbeing, self-efficacy, transformative learning and self-esteem) and institutional
reputation.
Kahu and Bowden and others are not the only ones to report a relationship between
engagement and self-efficacy.15 The concept of self-efficacy (or self-belief in one’s
ability to perform a task) derives from social cognitive theory, a psychological perspec
tive on human behaviour. According to Bandura’s framework, individuals strive for
agency or influence over significant life events. Self-efficacy is key to an individual’s
sense of agency and is determined by the interplay between three influences (personal,
environmental and behavioural) each of which affects, and is affected by, the others.16
Schunk and DiBenedetto explain that if a student feels positive about their academic
performance (a personal factor) this influences their behaviour in terms of the effort and
persistence they devote to their studies.17 If that student then receives positive feed
back from a teacher (an environmental influence), this reinforces their positive view of
their performance and hence their self-efficacy. Self-efficacy is reported as strongly
associated with student performance,18 and as linked to student perceptions of their
employability after graduation.19
13
Ella R Kahu and Karen Nelson, “Student Engagement in the Educational Interface: Understanding the
Mechanisms of Student Success” (2018) 37 Higher Education Research & Development 58, 64; Ella Kahu,
Catherine Picton and Karen Nelson, “Pathways to Engagement: A Longitudinal Study of the First-Year Student
Experience in the Educational Interface” (2020) 79 Higher Education 657, 659.
14
Bowden, Tickle and Naumann (n 11) 1209.
15
See Matt Shin and San Bolkan, “Intellectually Stimulating Students’ Intrinsic Motivation: The Mediating
Influence of Student Engagement, Self-Efficacy and Student Academic Support” (2021) 70 Communication
Education 146; Dian-Fu Chang and Wei-Cheng Chien, “Determining the Relationship Between Academic Self-
Efficacy and Student Engagement by Meta-Analysis” in Proceedings of the 2015 International Conference on
Education Reform and Modern Management (Atlantis Press 2015) 142; MG Lavasani, J Ejei and M Afsharai, “The
Relationship Between Academic Self-Efficacy and Academic Engagement with Academic Achievement” (2009)
13(3) Journal of Psychology 289.
16
Albert Bandura, Social Foundations of Thought and Action: A Social Cognitive Theory (Prentice Hall 2006); Albert
Bandura, “Social Cognitive Theory: An Agentic Perspective” (2001) 52 Annual Review of Psychology 1; Dale
H Schunk and Maria K DiBenedetto, “Motivation and Social Cognitive Theory” (2020) 60 Contemporary
Educational Psychology, Article 101832.
17
Schunk and DiBenedetto (n 16). See also M van Dinther, F Dochy and M Segers, “Factors Affecting Students’
Self-Efficacy in Higher Education” (2011) 6 Educational Research Review 95, 96.
18
Kathryn Bartimote-Aufflick and others, “The Study, Evaluation, and Improvement of University Student Self-
Efficacy” (2016) 41 Studies in Higher Education 1918, 1923.
19
Eivis Qenani, Neal MacDougall and Carol Sexton, “An Empirical Study of Self-Perceived Employability:
Improving the Prospects for Student Employment Success in an Uncertain Environment” (2014) 15 Active
Learning in Higher Education 199, 202.
314 L. TAYLOR ET AL.
Method
We began by undertaking a literature review of empirical studies and analytical com
mentary relating to legal education. This informed the theoretical models selected to
provide context to our results and the development of a series of online surveys. We
collected data using the online survey software (Qualtrics) available to staff at the
University of Canterbury because of the ease and low cost with which we could
administer online surveys to a large sample group spread across Aotearoa | New
Zealand and analyse the group’s responses.20
At the beginning of the 2014 academic year, we arranged for staff at the participat
ing law schools to promote the study to students in their first-year classes to ensure the
largest possible sample group. The participating universities supplied 1740 first-year
student email addresses to an independent educational research consultant employed
by the author team. The consultant emailed an invitation to participate in the study to
each of the supplied addresses. Seven hundred and eighty-five students agreed to
participate in the study, and the consultant allocated each a digital identifier which was
used to invite participants to complete the first and subsequent online surveys. To
maximise the likely response rate, the consultant emailed participants an update about
the longitudinal study prepared by the author team a short time before sending each
an invitation to complete the second 2014 and subsequent surveys (surveys 2 to 7).
Participants were invited to complete a second survey in the last quarter of 2014
(survey 2), and subsequent surveys in the last quarters of 2015–2019 (surveys 3 to 7).
Participants who completed the 2017 and 2018 surveys (surveys 5 and 6) and who
reported they were in their final year of university study were asked to provide a non-
university address. The consultant then emailed invitations to this address inviting
participants to participate as graduates in the 2018 and/or 2019 surveys (surveys 6 and 7).
The author team received anonymised and collated data from the independent
consultant and could not identify any student responses. This was to ensure there was
no possibility that participation in the study could affect a student’s academic progress.
However, if survey responses showed a student was at risk in terms of their wellbeing,
provision was made for that student to be identified by the consultant and offered help.
Informed by the literature review, the first and subsequent surveys were formulated by
the author team. We formulated questions to collect data relevant to the influences
identified in our selected theoretical models as affecting persistence, engagement and
self-efficacy. The first of these is participants’ pre-university experiences and character
istics, and their expectations of their law studies. As noted above, Tinto’s model of student
persistence theorises that students’ backgrounds determine their starting intentions and
commitment to their studies.21 Students’ backgrounds affect the “interplay” between
them and the universities at which they are enrolled and how they engage with their
studies.22 Students’ self-efficacy when they begin their studies is influenced by their pre-
university behaviours and the environment(s) within which these occurred.23
The second influence is the nature of the formal learning opportunities that law
schools made available to students and the frequency with which and ways in which
students participated in these activities. We collected this data in the second and
20
Alan Bryman, Social Research Methods (5th edn, Oxford University Press 2016) 235.
21
Tinto, Leaving College: Rethinking the Causes and Cures of Student Attrition (n 6) 115.
22
Kuh and others (n 9) 541–42.
23
Schunk and DiBenedetto (n 16) 3.
THE LAW TEACHER 315
24
Tinto, Leaving College: Rethinking the Causes and Cures of Student Attrition (n 6) 113, 114.
25
Zepke and Leach (n 10) 171.
26
Schunk and DiBenedetto (n 16) 3.
27
Tinto, Leaving College: Rethinking the Causes and Cures of Student Attrition (n 6) 115–16.
28
Zepke and Leach (n 10) 170–71.
29
Schunk and DiBenedetto (n 16) 3.
30
Tinto, Leaving College: Rethinking the Causes and Cures of Student Attrition (n 6) 116.
31
Kuh and others (n 9) 541.
32
Schunk and DiBenedetto (n 16) 3.
33
Bryman (n 20) 247–48.
316 L. TAYLOR ET AL.
participants’ feelings about a particular issue and/or where the author team was unsure
of what participants’ responses would be, such as, for example, their positive and
negative workforce experiences. Because of the limited number of open questions,
responses reported in this article were analysed by the author team to identify cate
gories. Responses were then assigned to the identified categories.
The number of study participants in the longitudinal study decreased over time as is
usual with longitudinal studies.34 One hundred and forty-six participants completed the
final survey in 2019 (survey 7). Not all participants completed every survey. As noted
above, this article reports the experiences and reflections of the 75 participants who did
complete every survey. As expected from a cohort who were sufficiently engaged with
the longitudinal project to complete every survey, their response rates to individual
questions were high. Results are presented as participants reported them.
In addition to the uniqueness of our cohort of 75 as persisting and successful
students and graduates, we acknowledge some limitations to the study and our results.
As email invitations were sent to participants’ university email addresses, subsequent
invitations only reached those who were continuing their studies at the university at
which they were enrolled in 2014. Only those graduates who provided a non-university
email address in their final year of university study were invited to complete the 2018
and 2019 surveys as graduates.
Another limitation is that the data collected is the self-reported experiences and reflec
tions of a self-selected cohort. The non-response bias is unknown. For example, we do not
know the extent to which participants (intentionally or unintentionally) provided inaccurate
or incomplete information. We do not know the extent to which their responses differ from
those of students who chose not to participate in the survey but completed a law degree
and entered the workforce. We also do not know the extent to which their responses differ
from those of students who did not complete their law studies.
We undertook the longitudinal study following protocols approved by the University
of Canterbury’s Educational Research Human Ethics Committee.
Results
Results are presented in six parts. We begin with the influences affecting persistence,
engagement and self-efficacy, that is, participants’ backgrounds and characteristics,
formal learning opportunities, relationships with teachers and peers, and external events
affecting participants’ studies. This is followed by some examples of results of the inter
play of these influences. The sixth and final part presents data relating to participants’
post-law school experiences, and their reflections, looking back, on those experiences.
By way of context, the cohort of 75 participants were all engaged in university study from
2014 to 2017 (surveys 1 to 5). Numbers still at university decreased over 2018 (n = 46) (survey
6) and 2019 (n = 16) (survey 7). Responses from the small sample group in 2019 may not
necessarily be representative. From 2017 onwards, participants still at university included
those in their final year of study: in 2017 (n = 28) (survey 5), in 2018 (n = 25) (survey 6) and in
34
Publications reporting on other aspects of the longitudinal study include Lynne Taylor and others, “The
Student Experience at New Zealand Law Schools” [2018] New Zealand Law Review 693; Valerie Sotardi and
others, “Influences on Students’ Interest in a Legal Career, Satisfaction with Law School, & Psychological
Distress: Trends in New Zealand” (2022) 56 The Law Teacher 67; Lynne Taylor and others, “What Happens after
Graduation? The Post-Law Experiences and Reflections of Aotearoa, New Zealand Law Graduates” (2023) 10
Asian Journal of Legal Education 43.
THE LAW TEACHER 317
2019 (n = 9) (survey 7). Data on participants’ post-law school experiences was collected in
2018 (n = 28) and 2019 (n = 59).
Demographic data
Participants were studying at the University of Auckland, the University of Canterbury
and the University of Waikato when the longitudinal study began. Most were enrolled
at the University of Auckland, New Zealand’s largest law school: 49% (n = 37). Just over
30% were enrolled at the University of Canterbury (n = 23) and 20% at the University
of Waikato (n = 15). As we collected results from several categories of students
(continuing students, final year students and graduates), numbers from some law
schools in some groups were too small to generate statistically robust results. For this
reason, we have not included an analysis of responses by law school. Readers inter
ested in this detail may refer to a separately published longitudinal analysis of the
responses of Auckland, Canterbury and Waikato students.35 In any event, one of the
key findings of the longitudinal study is that law students’ experiences at law school
are generally consistent across the participating law schools.36 This is not surprising
given the CLE mandated consistency in courses and outcomes over participants’ first
three years at law school.
Thirty-six per cent of participants (n = 27) were male and 64% (n = 48) were female.
The greater proportion of female participants is consistent with actual enrolments at
New Zealand law schools.37 Participants were able to select an “other, please explain”
option in relation to their gender, but none of the cohort of 75 selected this option.
In many other respects, participants had similar backgrounds. A majority (63%, (n = 47))
identified as New Zealand European | Pākehā, with 5% (n = 4) identifying as Māori38 and 1%
(n = 1) identifying as Pasifika.39 New Zealand European | Pākehā, Māori and Pasifika are
three large ethnic groups within the Aotearoa | New Zealand population, with New Zealand
European | Pākehā making up approximately 68% of the population, Māori approximately
16% and Pasifika approximately 7%.40 We have not analysed responses by ethnicity
35
See Taylor and others, “The Student Experience at New Zealand Law Schools” (n 34).
36
See Lynne Taylor and others, “The Making of Lawyers: Expectations and Experiences of First Year New Zealand
Law Students” (Ako Aotearoa 2015); Lynne Taylor and others, “The Making of Lawyers: Expectations and
Experiences of Second Year New Zealand Law Students” (Ako Aotearoa 2016); Lynne Taylor and others, “The
Making of Lawyers: Expectations and Experiences of Third Year New Zealand Law Students” (Ako Aotearoa
2017); Lynne Taylor and others, “The Making of Lawyers: Expectations and Experiences of Fourth Year New
Zealand Law Students” (Ako Aotearoa 2018); Lynne Taylor and others, The Making of Lawyers: Expectations and
Experiences of Fifth Year New Zealand Law Students and Recent New Zealand Law Graduates (Ako Aotearoa
2019); Lynne Taylor and others, The Making of Lawyers: Expectations and Experiences of Sixth Year Aotearoa |
New Zealand Law Students and Recent Law Graduates (Ako Aotearoa 2020).
37
Geoff Adlam, “Snapshot of the Profession 2019” [2019] 926 Lawtalk 27, 30.
38
Māori are the indigenous population of New Zealand.
39
Participants who identified as being Pacific Peoples, that is, of Pacific origin.
40
See <www.stats.govt.nz/news/ethnic-group-summaries-reveal-new-zealands-multicultural-make-up/> accessed
12 December 2022.
318 L. TAYLOR ET AL.
because numbers of participants in most ethnic groups except New Zealand European |
Pākehā were too small to be representative.
Just under 87% (n = 65) of participants identified as New Zealand citizens, with 12%
(n = 9) identifying as New Zealand permanent residents, and just one as an international
student.
Sixty-eight per cent (n = 51) reported that they were at high school in the year
immediately before starting university, with a further 7% (n = 5) undertaking a gap year
before commencing their university studies. Consequently, most participants were
young when the study began in 2014 with 82.7% (n = 62) aged 20 or below.
A majority were studying full-time in 2014: 88% (n = 66). This proportion increased
between 2015 and 2018, before dropping back to 85.7% (n = 12) in 2019. Most
participants (62.9% (n = 44)) were studying for a double or concurrent degree.
A Bachelor of Arts was the most popular second degree (n = 21), followed by
a Bachelor of Commerce (n = 15).
Ninety-two per cent of participants (n = 69) did not have a disability that affected
their studies.
There was more divergence in the reported highest qualification of participants’
parents. Just under 52% (n = 39) reported in 2014 that their mother’s highest qualifica
tion was a university degree or higher, with 36% (n = 27) reporting that this was so for
their father. Approximately 25% reported that their mother’s or father’s highest quali
fication was a school qualification, suggesting that a substantial minority of the cohort
were likely the first in their family to attend university. Sixty-eight per cent (n = 51)
reported that no one in their family had a law degree, making them the first in their
family to study law.
The final question in this section asked participants to identify the areas of law in
which they had an interest from a given list. The most popular options selected by
participants were criminal law/criminal justice, international law and public law.
Self-confidence
As a measure of participants’ self-efficacy levels at the start of their law studies, we
asked how confident they were about studying at university. A majority (56%) selected
point four representing “confident” on a five-point Likert scale. A further 12% selected
point five, indicating that they felt “very confident”. Twenty-five per cent selected the
mid-point three, and just 7% selected point two.
90
80
70
60
50
2015
40
2016
30 2017
20 2018
2019
10
0
81-100% 61-80% 41-60% 21-40% 0-20%
Figure 1. Survey 3 2015, survey 4 2016, survey 5 2017, survey 6 2018 and survey 7 2019: reported lecture
attendance rates (percentage).
320 L. TAYLOR ET AL.
activity in 2015 and 2016 was listening to what the lecturer had to say (83% in 2015 and
85% in 2016). Most participants also reported taking notes, with more taking notes on
an electronic device than by hand. Many reported engaging in non-class-related
activities, such as accessing the internet and contacting others. Many also reported
engaging in active learning activities, although at less frequent rates than they reported
listening and taking notes. Asking questions of the lecturer was reported by 12% in
2016 and 13% in 2016, answering questions asked by the lecturer by 24% in 2015 and
27% in 2017, participating in lecturer-directed group activities by 32% in 2015 and 29%
in 2016, and participating in lecturer-directed individual activities by 16% in 2015 and
41% in 2016.
We continued to explore the nature of participants’ experiences during face-to-face
classes as their studies progressed. In 2016 (survey 4), participants were asked what
activities they regularly engaged in during small classes. Although most reported that
they listened to what the lecturer had to say and took notes, greater numbers (when
compared to reported activities in large classes) reported engaging in active learning
activities, including asking questions of the lecturer (49%), answering questions asked
by the lecturer (62%), participating in lecturer-directed group activities (64%) and
participating in lecturer-directed individual activities (52%). A smaller number reported
regularly engaging in non-class-related activities.
Participants could only engage in interactive learning activities during classes if
teachers provided such opportunities. In 2017 (survey 5), participants were asked to
indicate on a five-point Likert scale how often interactive activities occurred in their
lectures. Participants at this stage of their law studies would have been largely enrolled
in optional courses with class numbers varying from 15 to over 200. The most frequently
selected response was “sometimes”, the midpoint selection (43%), with 33% selecting
the “often” or “very often” options, and 17% the “rarely” option. No participant selected
the “never” option. When participants were asked how often they participated in the
interactive activities that were on offer, the most frequently selected option was again
the mid-point (32%). More selected the “never” or “rarely” options (36%), than the
“often” or “very often” options (31%).
We asked participants in the 2017 survey (survey 4) to explain their reasons for
participating (or not) in interactive activities. Some gave more than one reason. Twenty
reasons were given for why participants chose to participate. “It is helpful for my
learning” or similar was the most frequent response, followed by it depending on
whether they knew the answer. Some reported that they enjoyed it. Others noted
that they preferred to contribute to smaller classes where they felt more confident.
There were 39 responses giving reasons for non-participation in interactive activities.
Not feeling comfortable was the most frequently given reason, with some explaining
they did not feel comfortable participating in large classes. A fear of getting an answer
wrong or not knowing the answer was referenced by some, with others reporting that
they did not enjoy it. Individual responses included the seating in lecture theatres not
making interaction easy, not knowing the students sitting next to them, not being given
enough time to participate, and, finally, that the given opportunities were not very
interesting and “a bit token”.
Data on participants’ experiences in tutorials was collected in 2015 (survey 3).
Supporting tutorial programmes are offered in each of the LLB compulsory courses at
the participating universities but are not consistently offered for optional courses. When
asked what activities they regularly engaged in in a second-year law tutorial, most (89%)
THE LAW TEACHER 321
reported that they listened to what the tutor had to say, but far more reported
participation in active learning activities such as asking questions of the tutor (54%),
answering questions asked by the tutor (77%), participating in tutor-directed group
activities (81%) and participating in tutor-directed individual activities (52%). Far fewer
reported engaging in non-class-related activities during tutorials.
70
60
50
40
2015
30
2016
20
2017
10
2018
0
Asking Via Recorded Office Email Phone Social No Other
2019
questions online lectures hours contact
after learning except
lecture platform through
attending
lectures
Figure 2. Survey 3 2015, survey 4 2016, survey 5 2017, survey 6 2018 and survey 7 2019: participants’ reported
contact with lecturers (percentage).
41
Tinto, Leaving College: Rethinking the Causes and Cures of Student Attrition (n 6) 115–16; Zepke and Leach (n 10)
170–71.
42
Schunk and DiBenedetto (n 16) 3.
322 L. TAYLOR ET AL.
50
45
40
35
30 2017
25
2018
20
15 2019
10
5
0
0-20% 21-40% 41-60% 61-80% 81-100%
Figure 3. Survey 5 2017, survey 6 2018 and survey 7 2019: how many of your lecturers do you think know you?
(percentage).
selected the option indicating they felt that between 0 and 20% of their lecturers
knew them.
External influences
In the second 2014 survey (survey 2), participants were asked to identify the factors that
had adversely affected their studies, a factor identified in higher education literature as
affecting student persistence and engagement.43 External events also form part of
a student’s environment and so influence behaviour and self-efficacy. The most fre
quently occurring responses were used to generate a list of options from which
students could select in each of the 2015–2019 surveys (surveys 3 to 7). Participants
were able to select more than one response. The four most frequently selected
43
Tinto, Leaving College: Rethinking the Causes and Cures of Student Attrition (n 6) 116; Kuh and others (n 9) 541.
THE LAW TEACHER 323
responses across all years (although the order in which they ranked varied) were
personal issues, health issues, work issues and family issues. The consistently high
ranking of “family issues” may be explained by responses to a 2017 question (survey
5) asking participants what their living arrangements had been that year, their fourth,
and for some their final, year of university study. A significant proportion (35%) were
living with their parents, while 38% were living with flatmates.
“Financial issues” was one of the lower ranked “adverse factors” affecting partici
pants’ studies each year even though participants reported, as we expected, increasing
levels of student debt across time. The most frequently reported level of debt reported
by participants in 2014 (survey 2) was between $NZ5001 and $10,000. This increased to
between $NZ40,001 and $50,000 in 2018 (survey 6).
To gauge the extent to which external and law school-related factors were adversely
affecting participants’ studies, we asked an open question of participants in 2016 (survey
4): “What factors most adversely affect your mental wellbeing on a regular basis?”
Responses were evenly split between outside factors and university/law school factors.
Assessment pressure was the most frequently cited law school-related factor, with the
next being workload and/or managing workload alongside outside responsibilities. There
was greater variety in outside factors, but not getting enough sleep or being tired was the
most frequent answer (although we accept this could be linked to what was happening
to participants at university). Other factors mentioned included family, finances, friend
ships/relationships, health, personal issues and concern about the future.
Examples
In this part we report some examples of results of the interplay between the four
influences reported above. These include participants’ reported self-study practices,
academic outcomes, feelings of confidence about their studies, ongoing commitment
to their studies and a legal career, and confidence in terms of preparedness to join the
workforce and finding employment. We also include data on participants’ overall
reported satisfaction with their law school experiences.
Self-study practices
From 2015 onwards (surveys 3 to 7), we asked participants to report the average hours
they spent on self-study for each of the law courses in which they were enrolled, as an
indicator of the time and effort they were devoting to their studies. As Figure 4 below
shows, the most frequently selected option across in 2015–2017 was between three and
five hours per week, with between six and eight hours the most frequently selected
option in 2018 and 2019 (the years when numbers of participants still at university had
decreased).
We also asked participants what activities they regularly engaged in when focusing
on their law studies outside classes across 2015–2018 (surveys 3 to 6). Participants were
provided with a list of seven options from which to select and could select more than
one option. The most frequently selected activity across time was writing up lecture
notes, but significant numbers reported they had engaged with primary materials such
as reading cases (71% in 2015; 78% in 2016; 69% in 2017; 48% in 2018) and legislation
(51 in 2015; 44% in 2016; 39% in 2017; 28% in 2018). Significant numbers also reported
reading legal texts or journal articles (43% in 2015; 55% in 2016; 63% in 2017; 40% in
2018).
324 L. TAYLOR ET AL.
40
35
30
2015
25
20 2016
15 2017
10 2018
5 2019
0
0-2 hours 3-5 hours 6-8 hours 9-10 hours More than 10
hours
Figure 4. Survey 3 2015, survey 4 2016, survey 5 2017, survey 6 2018 and survey 7 2019: average hours spent on
each enrolled course each week (percentage).
Academic outcomes
Participants’ reported grades were generally high across time. A majority
reported receiving “B” grades: 57.7% in 2016, 61.1% in 2017, 71.1% in 2018
and 54.5% in 2019. Thirty-eight per cent reported receiving “A” grades in 2016,
34.7% in 2017, 26.7% in 2018 and 45.5% in 2019. The frequency with which
participants reported receiving “A” grades exceeds what the author team under
stands to be the norm across Aotearoa | New Zealand law schools. Our under
standing is derived not only from our experiences as teachers at the University of
Canterbury, but as moderators of the assessment programmes in courses offered
at the other participating universities.
60
50
40
30
20
10
0
Not confident at A bit confident Neutral Confident Very confident
all
Figure 5. Confidence in passing law courses: survey 3 2015, survey 4 2016, survey 5 2017, survey 6 2018
(percentage).
70
60
50 2015
40 2016
30 2017
20
2018
10
2019
0
Much lower Lower than About Higher than Much higher
than expected expected expected expected than expected
Figure 6. Survey 3 2015, survey 4 2016, survey 5 2017, survey 6 2018 and survey 7 2019: did results received
reflect, on average, participants’ expectations? (percentage).
60
50 2014
40 2015
30 2016
20
2017
10
2018
0
Not interested A bit Neutral Quite Very 2019
interested interested interested
Figure 7. Survey 1 2014, survey 3 2015, survey 4 2016, survey 5 2017, survey 6 2018 and survey 7 2019: how
interested are you at this stage of your studies in pursuing a legal career? (percentage).
reported at the beginning of their studies was replicated across the duration of their
university studies.
We also tracked participants’ preferred legal career options across 2015–2019 (sur
veys 3 to 7). Participants answering this question were able to select from a range of
options and could select more than one option. Participants’ most frequently selected
choice in 2014 (survey 1), working for a law firm in private practice, remained the most
frequently selected option across participants’ time at law school. Approximately 70%
of participants selected this option over time. As was also the case in the survey 1
responses, this option was followed by a government position, working as an in-house
lawyer for an employer that is not a law firm, and working for an NGO/community-
based organisation.
A final question repeated across 2015–2019 (surveys 3 to 7) asked participants to
identify the areas of law in which they had an interest from a given list. Over partici
pants’ time at university there was a shift in preferred options from the public/interna
tional law options they most frequently selected in 2014 (survey 1) to areas of private
practice, although criminal law remained a popular choice for a longer period. The top
choice in 2014, criminal/criminal justice, remained the top choice in 2015 (survey 3) and
2016 (survey 4) but was overtaken by company/commercial in 2017 (survey 5). By 2018
(survey 6) and 2019 (survey 7), company/commercial law, employment law and intel
lectual property were the top three choices.
of their employment. Seventy-one per cent reported they had employment arranged
with a law firm, 7% were starting a government position, 7% had work arranged as an
in-house lawyer with an employer that was not a law firm, 3% with an NGO/community-
based organisation, and 13% selected the “other” category.
Thirty-four participants answered a question directed at those who had indicated
they had no employment arranged. They were asked how confident they felt about
obtaining employment and could select from five options on a Likert scale ranging from
“not confident at all” to “very confident”. The most frequently selected option (38%) was
the “not confident at all” option, with 29% selecting the “a bit confident” option, 24%
the “neutral” option, and 9% the “confident” option.
All participants were asked to respond to a question asking how prepared they felt to
join the workforce. Students’ perceptions of readiness to join the workforce are linked to
positive student engagement44 and self-efficacy.45 Participants were given five responses
to choose from on a Likert scale ranging from “not prepared at all” to “very prepared”.
Fourteen per cent selected the “not prepared at all” option, 30% the “a bit prepared
option”, 14% the “neutral” option, 30% the “prepared” option and 12% the “very pre
pared” option. Overall, 42% felt “prepared” or “very prepared” to join the workforce.
Graduates
In the 2018 and 2019 surveys (surveys 6 and 7) we collected data from those who had
completed their LLB degree. Twenty-eight participants had completed their law studies
at the time of the 2018 survey, and 59 at the time of the 2019 survey. We present data
on how they were using their law degrees (or not), including their employment
80.00%
70.00%
60.00% 2014
50.00% 2015
40.00% 2016
30.00%
2017
20.00%
2018
10.00%
0.00% 2019
Very Dissatisfied Neutral Satisfied Very
dissatisfied satisfied
Figure 8. Survey 2 2014, survey 3 2015, survey 4 2016, survey 5 2017, survey 6 2018 and survey 7 2019:
satisfaction with law school experience (percentage).
44
Garcia-Aracil, Monteiro and Almeida (n 12).
45
Bartimote-Aufflick and others (n 18).
328 L. TAYLOR ET AL.
destinations and workplace experiences. We also present data on their future career
plans, and on the results of a subset of questions designed to provide a cross-check on
the data collected from them as students and relating to their law school experiences.
Employment destinations
By the time of the 2019 survey (survey 7), almost all graduates reported that they were
employed (91.5%). Consistent with their expressed intentions throughout their time at
law school, a majority (56%) reported they were employed by a law firm, 28% by
a government department, with 17% selecting the “other” option. Those who selected
the “other” option described their employer/employment as bank, company that sells
power tools, landscaping company, professional services firm, casual researcher, immi
gration adviser and self-employed.46
We asked those who were engaged in law-related work in 2019 (survey 7) to describe
the nature of their job/work. Sixty-one per cent indicated that they were employed in
a law firm and of these, 15% described their work as “solicitor” or “law clerk”. Others
were more specific. A further 15% were engaged in corporate/commercial work, with
10% working in dispute resolution/litigation, 4% in criminal defence work, 4% in
employment law, 4% in banking/financial services and 2% in each of construction
law, public/constitutional, tax, Treaty of Waitangi settlements and family law. The
most frequently reported area of speciality, company/commercial law, was consistent
with the area of law most participants indicated they were interested in at the end of
their law studies.
Responses to a question asking participants in 2019 (survey 7) how frequently they
used their law degree in their employment confirmed that most were using their degree
at least some of the time. A majority (46%) reported that they used their degree “all the
time”, 17% reported using it 75% of the time, 20% used their law degree 50% of the
time, 7% used it 25% of the time and 9% used their law degree “not at all”.
46
Two other participants referred to their employer by name. We have not included these because of the
possibility that some readers may be able to identify the participants.
THE LAW TEACHER 329
participants’ responses to this question as students. Just over 20% reported themselves
“very satisfied”, 53% were “satisfied”, 16% were “neutral” and 10% were “dissatisfied”.
Discussion
At the outset, we remind readers that the cohort of 75 whose experiences and reflec
tions are reported in this article share many demographic similarities and so are not
necessarily representative of the wider Aotearoa | New Zealand law student population.
Additionally, although the factors identified in higher education literature as influen
cing student persistence, engagement and self-efficacy provide context to participants’
reported law school experiences, we cannot offer evidence of the interplay of these
factors within individuals or the wider cohort. Nevertheless, our results as they relate to
these influences and examples of the interplay of these influences provide law teachers
and law schools with data that permits a more nuanced assessment of the cohort’s law
school experiences. Our results also highlight several areas for future research.
47
Tinto, Leaving College: Rethinking the Causes and Cures of Student Attrition (n 6) 115.
48
Kuh and others (n 9) 541.
49
Schunk and DiBenedetto (n 16) 3.
THE LAW TEACHER 331
ensure that all prospective students, including those with backgrounds different from
our cohort, can access accurate information about the study of law and legal careers.
Although such information might “put off” some prospective students, equally it might
attract others who would otherwise have been unaware that a law degree and legal
career were realistic and suitable options for them.
Most participants not only were committed to their law studies and a legal career but
were confident or very confident about studying at university at the beginning of their
studies in 2014 (survey 1). We have no evidence as to how and why their pre-university
learning and other environments and behaviours influenced their reported confidence
in undertaking university study. We see further research to identify pre-university
experiences and behaviours that positively influence self-efficacy as an additional
priority for law schools, as such information would assist in the provision and/or design
of transition to study and first-year programmes.
50
Tinto, Leaving College: Rethinking the Causes and Cures of Student Attrition (n 6) 106.
51
Schunk and DiBenedetto (n 16) 3.
52
Zepke and Leach (n 10).
53
ibid.
332 L. TAYLOR ET AL.
External events
Participants reported a range of external factors that adversely affected their studies, but
a majority nonetheless completed their law studies and embarked on a legal career. Cohort
members appeared largely fortunate in avoiding significant external life events that pre
vented them from persisting and/or engaging with their studies, and/or which negatively
affected their study practices and confidence to the point where they could not continue.
Examples
The cohort’s responses to questions about their pre-university backgrounds and experi
ences indicated that they were largely primed and confident to undertake university
study for a law degree. They were fortunate in avoiding adverse external life events that
prevented them from completing their studies. We can surmise that participants inter
acted with law schools’ academic and social systems (using a persistence lens)57 and/or
engaged with the law schools at which they were enrolled (using an engagement
lens)58 in a manner that facilitated (or at least did not prevent) their academic success
as indicated by their largely high reported grades. We can also surmise that the law
school environment (formal learning opportunities, feedback and interactions with
54
Tinto, Leaving College: Rethinking the Causes and Cures of Student Attrition (n 6) 114.
55
Zepke and Leach (n 10) 170–71.
56
Schunk and DiBenedetto (n 16) 3.
57
Tinto, Leaving College: Rethinking the Causes and Cures of Student Attrition (n 6) 114.
58
Zepke and Leach (n 10).
THE LAW TEACHER 333
others) also influenced their behaviour (effort and choice of activities) and self-efficacy
in a manner such as to facilitate or permit this academic success.59 We can offer no
evidence as to the interplay between pre-university and subsequent law school experi
ences and external events, and/or the significance of any of these influences, on the
persistence, engagement and self-efficacy of individual students or the wider cohort.
Nevertheless, we can offer data on what many in the cohort reported as results of the
interplay of these influences.
Participants most frequently indicated that they were spending between three and
five hours of self-study on each of their law courses each week. This is less than the law
schools and universities at which they were enrolled would expect,60 but indicates that
the cohort was largely devoting the time and effort to their studies necessary for them
to progress through law school and for many to achieve high grades in relation to their
peers. The good grades (and so positive feedback) that many consistently reported
achieving across their time at law school likely reinforced the adequacy of their study
practices.
Participants’ self-study practices were likely also influenced by the formal learning
opportunities provided to them and their relationships with teachers and peers. As
noted above, these were somewhat variable. A gap between a theoretical ideal and
reality is not unexpected and has been reported in one large, although dated, empirical
study of Aotearoa | New Zealand university student engagement.61 The reality is that
law schools are constrained in the learning opportunities they can provide to students.
Law schools are limited by the physical and technological facilities available at the
universities within which they sit, and a range of other factors including government
funding, and university-imposed targets relating to student enrolments and financial
performance. Although these constraints may limit what law teachers and law schools
may do, it does not prevent them from reviewing the learning and relationship devel
opment opportunities they provide to their students and seeking to measure the
impact of any changes that they make. The feedback provided by participants on
what law schools might do to improve the student experience is a useful starting
point such as, for example, more contact with lecturers, more support from lecturers
around assessment, a greater emphasis on practical skills, more information on life after
law school, and better connections with each other.
The interplay between participants’ background characteristics and experiences,
external events, and law school experiences (including their experiences of formal
learning opportunities and their relationships with their teachers and peers) did not
significantly alter their reported reasons for studying law, or their intended legal careers.
Notably, their expectations of a legal career and their ultimate employment destina
tions were consistent with the reality of legal work in Aotearoa | New Zealand. The New
Zealand Law Society | Te Kāhui Ture o Aotearoa reports that a majority of its members
work in private legal practice.62 Pragmatically, the areas of law in which participants
indicated they were most interested shifted over time to reflect the reality of private
legal practice where company/commercial law is one of the most practised areas of
59
Schunk and DiBenedetto (n 16) 3.
60
For example, based on the hours of learning (on which funding received by universities is based), self-study of
between eight and nine hours per course per week would be expected.
61
Keith Comer and Erik Brogt, “Student Engagement in Relation to Their Field of Study” in Ali Radloff (ed),
Student Engagement in New Zealand Universities (Australian Council of Educational Research 2011) 17–18.
62
Louise Brooks and Marianne Burt, “2022 Snapshot of the Profession” [2022] 952 Law Talk | Kōrero Mō Te Ture 6, 12.
334 L. TAYLOR ET AL.
Graduates
The data on participants’ post-law school experiences offers novel information on the
utility of a law degree, and the extent to which participants’ expectations of a legal
career were met. Most who responded as graduates had obtained employment,
reported largely positive workplace experiences, and were using their law degree in
their work at least some of the time. A significant minority indicated in their responses
to the reflective “looking back” question that their law school could have provided more
practically based content, assessment and skills, but there was no consistent criticism of
the knowledge and skills they obtained at law school. We also note the generally
positive overall law school satisfaction rates reported by participants as students and
graduates.
Although participants’ personal characteristics no doubt played a significant role in
them obtaining employment, their completion of a law degree was also likely
a requirement, if not a prerequisite, for much of the work in which they were engaged.
Their employment destinations and areas of specialisation were largely consistent with
what many had anticipated throughout their time at law school. Although the data was
collected in the first few months of participants’ post-law school experiences, most were
satisfied with their choice of a legal career and intended to pursue this for the near
future. Most participants appeared to be well served by the completion of a law degree.
63
Adlam (n 37) 39; Brooks and Burt (n 62) 11–12.
64
Qenani, MacDougall and Sexton (n 19) 202.
THE LAW TEACHER 335
Conclusion
This article presented an analysis of the responses of a self-selected cohort of 75
students enrolled at three Aotearoa | New Zealand law schools who participated in
every data collection in a longitudinal study running across 2014–2019. The cohort is
unique in several respects but represents a constituent body within the larger law
student population. Data was presented and discussed in the light of four influences
identified as relevant to three theoretical models seeking to explain student persis
tence, engagement and self-efficacy in a higher education context. The four influences
are pre-university background and characteristics, the formal learning opportunities
provided by law schools and the frequency and way in which participants partook in
those opportunities, participants’ relationships with their lecturers and peers, and
external events occurring in participants’ lives during the time that they were studying.
Data was also presented on participants’ workplace experiences after graduation.
Most of the cohort began their law studies with backgrounds and characteristics that
were predictive of persistence, positive student engagement and self-confidence.
Participants reported frequent participation in the formal learning opportunities on
offer to them, although the nature of those opportunities and the type of activities in
which they elected to participate were variable, as were their reported relationships
with their lecturers and peers. Most of the cohort were fortunate in avoiding significant
and adverse life events outside law school that might have prevented them completing
their studies.
In terms of Tinto’s model of student persistence, participants’ pre-university back
grounds largely resulted in a cohort with the skills, intention and commitment to
succeed in their law studies and to then pursue a legal career. This and their subsequent
interactions (or integration) with their law school’s academic and social systems (and
absence of significant external events affecting their ability to study) resulted in the
persistence of most to completion of a law degree. Using a student engagement lens,
the combination of students’ backgrounds and characteristics, the time and effort that
they and law schools devoted to providing and participating in educational activities
(and the absence of significant external events) resulted in not only persistence but
successful academic outcomes for many. The formal learning opportunities and stu
dents’ relationships with their teachers and peers formed part of the learning environ
ment which influenced, and was in turn influenced by, participants’ study behaviours
and self-efficacy.
We cannot offer data on how these four influences combined to influence
persistence, engagement and confidence in individual students or the larger
cohort. Nevertheless, our results enable a more nuanced assessment of the
practices of law teachers and law schools, and have identified areas for further
investigation, such as, for example, how prospective students obtain information
about (and their suitability for) the study of law, and how law schools might
support final year law students in their transition to the workforce.
As we noted at the outset, most of the cohort completed a law degree and
then embarked on a law-related employment that they found satisfying and
enjoyable. Their experiences largely represent a success story, not just for the
students, but for the law schools and universities they attended and the legal
profession (for which the cohort represents the future). However, the similarity of
the participants in this study and their subsequent law school and workplace
336 L. TAYLOR ET AL.
Acknowledgements
We acknowledge, with thanks, funding support received from Ako Aotearoa, the assistance provided by
Dr Elizabeth Gordon, and the work of our research assistant, Olivia Mackintosh.
Disclosure statement
No potential conflict of interest was reported by the authors.
Funding
This work was supported by the Ako Aotearoa.
ORCID
Lynne Taylor http://orcid.org/0000-0002-4197-8799