Session A - H6-03

1. ATN Assessment Conference 2008 Assessment of collaborative learning in online discussions Judith McNamara, Catherine Brown Faculty of Law

14. The 'capacity' scenario was a good example of how nothing is as simple as it seems. People are complex and their problems are usually multifaceted (such as with Maude/Gwen). Getting to a solution is a bit like peeling an onion. What this scenario highlighted to me is the importance of operating within your area of expertise. Simon had two options: research or refer - which he failed to do in his initial response. (I note that he appeared to be acting with 'good intentions' - which I will come back to below). IMPLICATIONS: 1. Know the law - operate within the bounds of your knowledge and experience. 2. Know the rules governing the profession - be vigilant in applying them. 3. Know who to contact if you are in doubt - eg. internal ethics consultant, QLS or LSC. ETHICS (& the complaint against Simon): I have experience investigating allegations of ethical breaches by professionals. My most significant learning experience from this role was that it is not only "bad people" who do "bad things" (refer back to my comments about Simon). Often breaches occur with the best of intentions, or from ignorance, or error (easy to happen if you are time poor and under pressure), or impairment (health, substance abuse, depression etc) - as depicted in Simon's case in the last scenario. My second most significant learning experience is that even a little deviation or slip can lead down a very slippery slope - there is no room for supplementing your own views or ethics when it comes to the rules of the profession. IMPLICATIONS: We can all make mistakes. My (repetitive) view is that the best way to minimise the risk is: 1. Know the law. 2. Know the rules - be vigilant applying them. 3. Know who to contact if you are in doubt. And last, because I said I would be brief, Lawyers are part of a profession and there are not many legitimate short cuts to mastering a profession - be prepared for the long haul!

15. I agree with your comments regarding Scenario 1 in that people are multifaceted and dealing with them is like peeling back the layers of an onion. Having also completed this scenario, it occurs to me that as far as ethics are concerned, as future solicitors we cannot act only on the legal problems placed before us - we have a positive obligation to assess the situation and a positive duty to ask questions and identify any other challenges to the client's situation. If presented with instructions to prepare an enduring power of attorney or even just in taking instructions from a client generally, we really need to read between the lines, make assumptions, identify any challenges, assess capacity etc. We cannot just carry out our instructions blindly. Really enjoyed reading your post.

18. Moderation at stage 2 Thank you for your contributions for activity 2. Many of you share similar concerns about your changing role as you approach graduate employment. I hope that this subject will help you in making that transition. One of the biggest challenges is overcoming the fear of not being able to live up to your own and your supervisor’s expectations. Hopefully your confidence will develop as you successfully complete more challenging and complex tasks. As M pointed out, you can take some comfort from the fact that at this stage in your career you are not on your own but have your supervisor to assist you to avoid the pitfalls. MS raised the difficulty in proofreading documents when we are all so used to skim reading wherever we can get away with it! You might like to go the M's post and add any tips you have for proofreading. Another issue many of you raised was how you will obtain and use feedback from your supervisor. This leads to the third activity which I have posted in a separate thread. Bye for now (I’m off to read placement plans!)