A guide to creating simulations for legal education

OER Workshop:Simulation Walkthrough

Narrative (scenario, flow chart) on paper Timeline Roles Interactions Resources & Documents Variables Styles Scope: open/bound Fit with curriculum

What you need to think about first

Project idea:◦ Simulation of an ordinary civil action from the

initial contact from a client until the first mandatory court hearing

Civil Court Action

Client interview or statement Instructed to raise action for payment Fact find Draft writ Seek warrant Serve writ Further fact finding Adjust pleadings etc….

Raising an action…

Client interview or statement Instructed to raise action for payment Fact find (1 week) Draft writ (by end of week 2) Seek warrant (by end of week 2) Serve writ (by end of week 3) Further fact finding (from week 3-week 7) Adjust pleadings (by end of week 7) etc….

Raising an action…

Narrative Client interview or statement Instructed to raise action for

payment Fact find (1 week) Draft writ (by end of week 2) Seek warrant (by end of week 2) Serve writ (by end of week 3) Further fact finding (from week 3-

week 7) Adjust pleadings (by end of week

7) etc….

Raising an action…

Resources & Styles Video, statement? Memo from Senior Partner

Standard responses Style writ

Standard responses

Standard responses

Court

Pursuer Firm

Defender Firm

Roles and interactions

ClientClient

Witnesses

Non-player Character

Player Character

Player Character

Roles and interactions

Non-player character

Non-player character Non-player

characters

Draft a single document set In general, all nouns, figures, dates can be

made variable More complex variation can be introduced too Single blueprint = multiple variations

Addresses issues of:◦ plagiarism◦ re-usability ◦ collaboration◦ workload

resources and variables

event

resource

variables

single

single

multiple

Bounded field ie transaction tends to…

Open field ie transaction tends to…

Learning outcomes (LOs) & assessment

Precise learning outcomes, with simulation tasks based closely on outcomes – pre-defined LOs

Bodies of evidence required to be produced to benchmark standards, but less emphasis on pre-specified outcomes

Alignment with traditional learning & teaching methods

Teaching is aligned with tasks and outcomes, often according to an academic structure, eg lecture–seminar; learning is heavily ‘pushed’ by curriculum structure

Teaching is provided where needed according to learners’ needs, often according to a professional, just-in-time learning structure; learning is ‘pulled’ by learners

Operational model Linear domain procedures, eg predictable document chain – more operationally predictable

More varied, open or diffuse domain procedures, eg transactional guidelines but no specific document chain – less operationally predictable

Student outputs Specific documents, drafted to specific standards, eg initial writ; fixed or correct versions expected as student output

Procedures that involve a variety of documentation, or documents that cannot be specified easily in advance, eg negotiated agreements; various versions acceptable

Resources Resources are tied closely to tasks and learning outcomes – highly model driven

Simulation resources are not linked to tasks; learner needs to structure transaction through interactive querying of resources – highly learner driven

Fit with curriculum Assessment Additional learning resources (e.g. FAQs,

Forum, flow charts, lectures, surgeries etc.) Staffing

Curriculum integration

Webcasts

Tutorials Simulation

Civil Court Practice Curriculum Design

Implementation of the civil court practice curriculum

Discussion Forum & FAQs

Civil Court ActionSimulation (SIMPLE)

Practice Management Tutor

Tutor/Mentors

Civil Procedure Tutorials

Practice ManagementPage

Civil Procedure webcasts

Assessment : what are we assessing?

Professionalism Skilled performance to benchmarked levels Substantive knowledge of law Procedural knowledge Many other categories of assessable experience Purpose of assessment:

◦ Formative (feedback and feedforward)◦ Summative

Think of a concept where both the workspace and a space of learning co-exist, eg, between master & apprentice.

1. Discrete tasks, eg drafting, letter-writing, research (Private Client)

2. Whole file + performative skill (PI Negotiation)

3. Tasks + whole file (Conveyancing)4. Tasks + file + performative skill (Civil Court

Practice)

how are we assessing?

Set context (or not: let student figure that out – the clearing in the forest…)

Set task (but in how much detail? Supported with templates? Guidelines? Commented examples?)

Design feedforward (but don’t do the task for students)

Deadline a task (bearing all contextual factors in mind)

Task completed (and sent to staff in role) Feedback on task (by staff in role) Debrief (either in role or out of role)

1. tasks

Holistic assessment of document chain Bodies of evidence generally, but can

embed critical points of assessment, eg report to client, speech plan, etc

Preparation for performative skill, including overlap with other skills – eg relation of legal research to professional negotiation.

2. whole file + performative skill

Specific tasks are the foreground, eg draft the completion certificate…

… but must complete entire file process. No completion, no competence.

Tasks may shadow tutorial work or precede tutorial work or neither

How many attempts at each task?

3. tasks + whole file

Most complex, most authentic and most demanding

Potentially 1-3 plus more – eg performative skill can be assessed in role.

4. tasks + whole file + performative skill

Eg Civil Court Action:◦ Sim mentor: passes information in real time; takes all

fictional roles including client, court and senior partner (instructs, praises, warns, & cd be ethically treacherous), e-comm only: student responses are assessed

◦ Surgery/tutorial mentor: gives detailed feedforward on task, f2f, out of role: responses not assessed

◦ Discussion forum: gives detailed feedforward on task, e-comm, out of role: responses not assessed

◦ Practice Manager: gives coaching on firm experiences, in role: support & coaching not assessed, but the result is…

use of interleaved learning support& assessment