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E-learning and the Legal Foundations Course: It's (a bit of) a Revolution!

Jackie Fishleigh

Legal Information Management / Volume 12 / Issue 03 / September 2012, pp 235 - 238

DOI: 10.1017/S1472669612000527, Published online: 05 September 2012

Link to this article: http://journals.cambridge.org/abstract_S1472669612000527

How to cite this article:

Jackie Fishleigh (2012). E-learning and the Legal Foundations Course: It's (a bit of) a Revolution!. Legal Information
Management, 12, pp 235-238 doi:10.1017/S1472669612000527

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 Legal Information Management, 12 (2012), pp. 235–238
© The Author(s) 2012. Published by British and Irish Association of Law Librarians doi:10.1017/S1472669612000527

E-learning and the Legal Foundations

Course: It’s (a bit of) a Revolution!

Abstract: In this article, Jackie Fishleigh reflects on her first taste of e-learning whilst
undertaking the revamped Legal Foundations Course. She explains how the course now
works and compares it to the original version she took 20 years ago. She also looks at
the views on e-learning expressed by Professor Richard Susskind and educationalist, Alan
Clarke. The advantages and disadvantages are explored, together with the characteristics
of a successful e-learner. The article aims to be informative and entertaining.
Keywords: e-learning; law courses; law librarianship

ONCE UPON A TIME
I signed up for a course in those days
(some 20 years ago) called Law for
Law Librarians (now known as Legal
Foundations) which was then, and still
is, run for BIALL by the University of
Westminster. Every Tuesday evening
we rolled up at the Law department in
Red Lion Square near Holborn and sat
for more than an hour listening
intently with a break for tea and bis-
cuits. I’m not sure if the winters were
worse then or the heating was Jackie Fishleigh
inadequate, but the picture in my mind
is of pale creatures huddled in coats and scarves. The
format was very much chalk and talk with some time for
a few questions at the end but no testing of any sort.
Unfortunately, I missed the first session because I was on
holiday and remember a manager at work telling me off
and saying what poor planning and how could I hope to
ever catch up…? I felt I had to turn up the following
week even though I had a terrible cold and hacking
cough. Maybe going on a road trip to Ireland in October
was a bad move but it left me with a strong liking for the
country which I still have.
A NEW STYLE COURSE IS BORN
During my decade of active involvement with BIALL, a
recurring item on agendas for Council meetings was how
to relocate or expand the Law for Law Librarians course
outside of London. This was discussed at length on more
than one occasion but it proved impossible to find a
location that suited everyone and was at the same time
cost effective. Over the years an online version was
suggested and gradually took shape. Around the time I
finished my term as President it was clear that things
were finally happening.
Given all the changes in law over the
past two decades, I had been thinking that
some sort of refresher would be useful
and so when I saw the e-mails about the
second running of the online course I
jumped at it. Even better, my firm, which
is very supportive of CPD activities,
agreed to pay the very reasonable fee.
HOW DOES IT WORK?
I trotted down to the face-to-face initial
meeting billed as ‘Induction: How to
Access and Use the BIALL Legal
Foundations Course’ at the University of
Westminster campus on Regent Street and I had to smile
when the person I happened to sit with in the computer
lab said she was disappointed it was an online course as
she thought a traditional class room style course would
have been better! It was a good opportunity to see other
students before communicating with them via Blackboard.
Research has shown that online groups can often be more
effective if initially formed face to face.
The University of Westminster use the Blackboard e-
learning tool. Lectures are podcasts (audio recordings)
with accompanying Power Point slides. Some sessions
(not many it has to be said) are recorded using a talking
head so you can actually see the person’s face. And yes
their lips actually move! Each week a new lecture is
loaded on the system together with self-testing questions
to check understanding.
This online testing after the session, really impressed
me. To me this is a real breakthrough technically. The com-
puter tests you to see if you have correctly understood the
material. Admittedly it is all done by Multiple Choice
Questions but you still need to know your stuff as every
question has to be answered correctly to pass the course.
The system tells you which ones you have got wrong or
right, sometimes with some useful feedback depending on

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 Jackie Fishleigh
the type of question. You can then have as many attempts
as you need to complete each exercise. Scores are saved
and totted up electronically in a section called “My
Grades”. To pass the course you need to get 6,580 points
in the bag. So there are loads of questions and loads of
points. The great thing, is that a human does not need to
mark anything. I did an A level Law evening class some
years ago and the tutor used to moan that she didn’t get
paid any extra for the marking she did at home. This
explained why when I suggested we did some extra papers
in the run up to the exam, she wasn’t too keen!
WHICH TOPICS ARE COVERED?
Another benefit of the e-learning format is that, like the
students/learners, the tutors do not need to turn up in
person each week either, so there is a much bigger cast
of law lecturers than back in the day. This leads to more
subject coverage. The speakers can just record their ses-
sions, in most cases only two or three each, and then
these can be updated if necessary and then re-used the
following years. New topics on the course compared to
the one I did 20 years ago include:
Immigration Law
Human Rights Law
Wills Probate and Administration
Family Law
Intellectual Property
Media Law
Business Organisations and Company
Finance and Banking
Each tutor is expert in their area. All the lectures are
high quality and well delivered.
“THE END OF LAWYERS”: RICHARD
SUSSKIND – THE PROF’S VIEW OF
E-LEARNING
In his oft quoted, some might say notorious book,
Susskind describes the conventional law lecture as the
‘audience’ being ‘spoken at’ for just under an hour. He
found in his own student days, that not many lecturers are
wonderfully articulate and inspirational. Many ramble and
mumble, others simply dictate their notes. Outstanding
live performances are not the norm. He believes the best
lecturers should be identified and encouraged to speak
regularly and students urged to attend. He suggests that
these lecturers are invited to create webcasts for the
benefit of others. The TED website provides “inspired
talks by the world’s greatest thinkers and doers”. The site
has a wide range of webcasts – video clips from some of
the world’s thought leaders in a wide range of disciplines.
He thinks we need a ‘Ted’ of world class law lectures.
Susskind feels that other law lecturers should move
steadily from being the ‘sage on the stage’ to being a
teacher or coach, who plays more of a counselling and
tutoring role as a ‘guide on the side’, building on lectures
that students have generally attended virtually. This marks
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a shift from a didactic to a facilitative role. He points out
that busy lawyers are already turning to stand-alone web
casts for CPD rather than attending training courses and
conferences to keep up to date. They can do this from
their desktops.
WHAT IS E-LEARNING? AN
EDUCATIONALIST’S VIEW
According to Alan Clarke in his book ‘E-learning skills:’
“All parts of the education and training system are
enthusiastically exploring and implementing e-learning in
one form or another.”
E-learning includes the use of technology in a conven-
tional course or an online course where learners and
tutors never meet face to face. There are many variations
on this theme. E-learning courses involve both formal
and informal learning.
Clarke says e-learning is a major force for change. It
offers more choice about the place, pace and time at
which to study. In this way it frees the learner from a rigid
timetable of attendance at a college or other learning insti-
tution. E-learners can be based across the country at a dis-
tance from their tutor and college. They can participate in
online discussion groups. There is greater opportunity to
take control of your own learning but you need to be able
to learn independently and take responsibility.
One major plus point I found is that you can replay
sessions if you get interrupted by a phone call, distracting
thought or decide you are too tired and need a break.
Everyone is different and I replayed the bits I didn’t ‘get’
the first time. Whereas if you keep asking a lecturer to
repeat parts of their live session they will probably lose
their train of thought, overrun their allocated time slot
and get cross with you! No ones dares and yet is every-
one taking everything in? I suspect not. If the notes you
have taken make no sense later you are in the soup.
E-learning gives you as many times as you need to lodge
the information in your brain.
To embrace e-learning you need to enjoy the chal-
lenge and new ideas. Personally I thought it was fun and
that it provided a nice feeling of achievement as I pro-
gressed through the course testing myself as I went along.
WHERE CAN I E-LEARN?
Anywhere you have access to a computer and communi-
cation system such as a learning centre, cybercafé, mobile
equipment, home or workplace.
FOR HOW LONG SHOULD I STUDY?
Alan Clarke says the concept of learning in 15–30 minute
chunks is well established and is probably suitable in a
workplace environment even if noisy. I think when studying
law you do need to avoid overload. Try and absorb too
much in one go and it is like attempting to eat one of those
torpedo baguettes in just a couple of bites. Much better to
IP address: 141.210.2.78

munch it slowly and digest it properly. All the sessions were
conveniently subdivided with regular testing.
WHAT TYPE OF PERSON WILL MAKE
A GOOD E-LEARNER?
According to Alan Clarke the characteristics are: self-con-
fidence, motivation, a positive attitude, being a good com-
municator and collaborator and a competent user of ICT.
Clarke says the learner needs to be able to adapt tra-
ditional learning skills (reading, writing, listening, problem-
solving, time management etc) to a new context. This is
very true. Watching a training video or listening to a
podcast can feel rather like just watching TV or listening to
the radio but you still need to analyse what you are being
told, make notes and ensure you have understood it. I am
currently receiving training as a Games Maker volunteer at
the Paralympics. The orientation training was going to be
held at a large outdoor venue like Wembley Stadium but I
have now been sent three 20 minute videos fronted by
triple jump champion Jonathan Edwards, together with
some packages of e-learning which include self-testing
exercises. I need to be sure I have grasped exactly the
information that is being imparted.
The e-learner needs to be able to search, identify and
evaluate content; in essence display a high degree of
information literacy.
E-learners need to be more independent and self-
reliant than traditional learners.
A good e-learning system should provide considerable
support, opportunities for helpful dialogue and lots of
choice. I don’t know about the latter, as everyone studies
the same material but otherwise the Foundations course
ticked the boxes.
ADVANTAGES OF E-LEARNING – SOME
KEY POINTS
‘Flexibility’ is the key advantage really.
Use of interactive multi-media learning materials
should stimulate the learner according to Clarke.
Interactive learning should be engaging and provide a
motivating and interesting experience of subject studied.
It should provide considerable freedom to explore the
materials, retrace steps and have another go at exercises.
The learner should be able to stop and mark their place
so that they can return and start where they finished.
Presentation of content should be of a high standard. The
cost of developing quality professional materials is high.
Some packages can be little more than electronic books.
I’m pleased to report that the Legal Foundations Course
was stimulating and well thought out.
E-learning is learner centred; e-learners are given sig-
nificant choices of what, when and how to study.
Some courses involve collaborative, group and co-
operative learning.
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E-learning and the Legal Foundations Course
One can learn through the night (if you wish!) or in
short bursts of activity etc. I’d be interested to know
if anyone did this on the Foundations course. It is impor-
tant to keep up as you have to be at a certain point by
January. The course ends in May but earlier exercises are
re-opened to provide another chance to complete them.
Potential for interactivity; making contact with others
in an e-learning environment (e.g. e-mail, chat, bulletin
boards.) I must confess I did not get involved in this side
of things due to lack of time.
DISADVANTAGES OF E-LEARNING
Clarke feels that since the e-learner may be learning at
quite a distance from peers and tutors they may need to
be more self-sustained than a traditional learner. E-
learners are more likely to drop out when the have too
much responsibility, too quickly. All forms of distance
learning, including e-learning suffer from higher drop out
rates than conventional face to face courses. Support is
critical; this could be formal e.g. tutor or informal – other
learners, study group/circle, family, friends, learning centre
staff, workplace instructors, mentors, tutors. Having family
support, contact with other learners and a mentor and
personal tutor are important. One of the reasons for
writing this article is so others know what to expect from
e-learning. I think if you are aware that it can be a lonely
business, you can prepare your support strategies.
All learning can be stressful e.g. poor time manage-
ment, not grasping the subject. E-learning is potentially
more stressful as one is responsible for one’s own learning
to a greater extent. I did feel the pressure when I started
the course a couple of weeks late because of my holiday. I
made it a priority to catch up as quickly as I reasonably
could. Once I had, I was like the cat that got the cream.
And I managed to keep going until the end.
Traditional learning provides more informal opportu-
nities to chat compared to sending an e-mail. There are
no facial expressions in an electronic environment except
emotions.
The tutor has less information about how the group is
getting on in an e-learning context which means in online
learning, it is difficult for the tutor to know when/if stu-
dents have a problem. The tutor welcomes students to the
course and gives them confidence in working in the online
environment. The tutor answers questions and makes sug-
gestions, provides feedback, encourages discussion and
monitors the activities of each learner. I contacted Avis
Whyte, the course leader on a number of occasions and
she could not have been more helpful. She also sent out
regular e-mails to everyone to update us on various
matters. It was clear from the outset that she was available
to help and support us.
Alan Clarke maintains that some people like to learn in
a visual way, others in an auditory or kinaesthetic way
(learning by doing). In addition, some prefer reflective,
analytical or holistic approaches to learning. Most people
have a mix of them. He says it is important to be aware of
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 Current Awareness

one’s personal learning style in order to make sure the e-
learning course you choose will meet your expectations.
My personal style with law is to absorb as much as I can
until I can’t take any more. How much depends on the
topic. The three areas I found particularly tricky were
Criminal law; all those definitions are so important and yet
hard to commit to memory. Civil procedure is quite a
labyrinth too and defamation sounds reasonably straight
forward but is not that easy to grasp beyond the basic
concepts.
AND FINALLY…
I took the Legal Foundations Course as a refresher and
as a personal challenge to see if I could e-learn effectively.
Unfortunately I fell into the same trap as the first time
and went on holiday while the first lectures were released
on the system. Will I ever learn?! Or should I say e-
learn?! Well one of the beauties of e-learning, is that
unlike conventional lectures, the material was waiting for
me upon my return. It took extra time to catch up but
once I had, I tackled each new topic with gusto as soon
as it became available.
Personally I think I could get quite addicted to
e-learning. For the most part it’s just you the learner
and the subject matter itself, which is the way I like it.
No travel, no Tuesday evenings taken up for months,
and I can organise my own tea and biscuits! So yes it’s a
bit of a revolution! Why don’t you give it a whirl
yourself…

Bibliography
Clarke, Alan. (2004) E-Learning Skills. Palgrave, MacMillan.
Susskind, Richard. (2008) The End of Lawyers? Rethinking the Nature of Legal Services. Oxford University Press.

Biography
Jackie Fishleigh has been Library and Information Manager at Payne Hicks Beach since 2002. She was President of
BIALL for 2008–2009 and is a Fellow of CILIP (Chartered Institute of Library and Information Professionals).

Legal Information Management, 12 (2012), pp. 239–243

© The Author(s) 2012. Published by British and Irish Association of Law Librarians doi:10.1017/S1472669612000539

Current Awareness

Compiled by Katherine Read and Laura Griffiths at the Institute of Advanced Legal
Studies

libraries. Legal Information Management. Vol. 12, no. 2,

This Current Awareness column, and previous Current
Awareness columns, are fully searchable in the caLIM data-
base (Current Awareness for Legal Information
Managers). The caLIM database is available on the
Institute of Advanced Legal Studies website at: http://ials.
sas.ac.uk/library/caware/caware.htm
COPYRIGHT
Cross (William M.) Restoring the public library ethos:
copyright, e-licensing, and the future of librarianship. Law
Library Journal. Vol. 104, no. 2, 2012. pp. 195–217.
Jackson (Margaret) & Shelly (Marita) Copyright and contracts:
the use of electronic resources provided by university
2012. pp. 124–136.
Patry (William) How to Fix Copyright. New York: Oxford
University Press USA, 2012. 208pp. £13.99. ISBN
9780199760091.
Talke (Armin) Urheberrecht, Datenschutz, Haftung: Wer befreit
die Bibliotheken aus der Unsicherheit? Recht Bibliothek
Dokumentation. Vol. 41, no. 1/3, 2011. pp. 28–35.
DICTIONARIES
Cavicchi (Jon R.) Intellectual Property: A Global Directory of
Acronyms and Abbreviations. Buffalo: William S. Hein & Co.
Inc., 2011. 392pp. $62.00. ISBN 9780837738086.

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