Jim Moser
Director of professional development at The University of Law
Jim Moser, director of professional development at The University of Law, explains how firms can address the skills issues inherent in the modern legal workplace.
The legal profession is currently grappling with a series of challenges brought on both by its own reforms and broader societal changes.
On one hand, the Solicitors Regulation Authority (SRA) has been busy reforming the route to qualification by replacing the Legal Practice Course (LPC) with the Solicitors Qualifying Examination (SQE), theoretically freeing up the traditional two-year traineeship period by changing its nature and structure through Qualifying Work Experience (QWE). It also abolished the Professional Skills Course (PSC) without any clear replacement.
On the other hand, society and businesses, and therefore the legal profession, have been facing systemic changes such as the effects of the COVID-19 pandemic on the workplace and evolving generational differences between employees. These combined factors present a unique series of challenges for the legal industry and its learning and development experts.
Models of learning
When I started as a trainee, organised training was scarce. Legal learning primarily occurred on the job, formally or informally with experienced colleagues, particularly partners.
Many senior colleagues dedicated time to learning the law and passing this knowledge to junior staff. While this model had merit, it also had significant flaws, such as a lack of focus on skills and dependence on individual leaders' personalities.
Seniority in the legal world is still based on client service and fee income rather than leadership or teaching abilities, a point that remains true today.
While this traditional model of learning persists and can still be effective, it has been seriously eroded by changes such as time recording, competition, societal expectations, and the need for any legal entity to function as a business. In accepting these changes, and with little choice but to do so, the necessary reforms to learning approaches have not always been prioritised.
Focus on skills
Moreover, within this learning culture, skills were not given significant attention. It can be argued that organised learning focused on skills is a relatively modern development in the legal profession. This is not particularly helpful when considering the scope and breadth of the current learning challenges related to skills development.
Thus, to a flawed and now eroded traditional learning culture, we have added new challenges.
For example, the area of skills is complex. Defining what skills are needed and understanding the evolving demands is not easy. Arguably, we now have several skill areas to consider—traditional legal skills (such as writing and drafting), business skills (communication, financial), tech skills (use of platforms, systems and AI), and behavioural skills (resilience, empathy).
Adding to this are inter-generational tensions and questions about workplace dynamics, creating substantial challenges for people management in the legal profession.
Strategic understanding
So, where can solutions to these issues be found? Above all, there must be a strong and strategic understanding of the challenges and potential solutions for your legal business. It is essential to understand:
1. Your Business Plan: Know your own business plans and how it is expected that individuals will contribute – this is key, regardless of the size of the business.
2. Assumptions about employee contribution: From this understanding, list the ways that individuals – regardless of their position – will be expected to contribute, through their knowledge and skills, to the business’s goals.
3. Identifying Gaps: Identify the gaps that need to be filled through learning to ensure these assumptions are realised. This will pinpoint the learning needs.
While this approach is often focused on more junior groups, it can be applied across all levels within the business. It will allow for the prioritisation of a crowded series of needs.
This process will also address generational differences and the challenges posed by both in-office and hybrid working environments. Better results can be achieved by strong learning foundations, paired with effective internal and external training interventions or solutions.
In conclusion, the legal profession must adapt to these challenges by truly fostering a culture of continuous learning and development. By strategically addressing knowledge and skill gaps across the workforce, legal businesses can ensure their teams are well-equipped to meet the demands of the modern legal landscape.
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