unstructured, wasteful and inefficient, even in a well-organised firm which takes its responsibilities to its articled clerks seriously'.96 Since then solicitors' firms have become more accountable for the content of the trainee solicitor's apprenticeship, with the introduction of detailed checklists and training records which are potentially subject to review by Law Society representatives. Nevertheless, Goode's fundamental criticisms of the nature of apprenticeship probably apply, even today, to the majority of cases. Is it not still the case, as he put it, that '[t]he articled clerk acquires his knowledge painfully in discrete snippets of information. He may issue a writ and then not see the file for weeks, after which he will be asked to initiate a further step with no clear idea where it leads . . . he will never be long enough in the litigation department to handle a substantial action from beginning to end'? Nothing much has changed apart from the sex of the trainee!

The House of Intellect should be a place where students are encouraged to apply lawyerly skills with intellectual rigour to realistic practical scenarios. We have already noted that this process is already very much underway on our own LLM courses, but there is great potential for similar exercises at the undergraduate level. For example, final year students on our undergraduate course are required to draft a workable moot problem comprising two grounds of appeal involving academically debatable questions of law, and to place the legal issues within a realistic fact setting. They carry out this exercise as a group and are awarded a group mark. Exercises such as this test a number of pervasive skills, such as problem solving, project management and team-work, as well as a number of discrete skills such as legal research and writing. As any scholar who has tried to draft a workable moot problem will acknowledge, the intellectual demands of a skills exercise such as this should not be underestimated. As Llewellyn said of 'drafting': 'I know of no art more difficult. I know of no art more fascinating'.97 Legal writing; researching; placing knowledge into realistic contexts; these are cognitive arts, not mere technical processes.


Conclusion

We have proposed, not a Utopian structure for the law school, but a co-operative, conciliatory approach to legal education. It is an approach which sections of the legal academy have traditionally resisted. At its core is a fresh conception of legal professionalism, one that acknowledges the common threads which unite lawyerly thought and practice. The law never stops growing, and so it is that the lawyer must never stop learning. The lawyer should never 'leave' law school.

Twining formulated his vision of the House of Intellect by analogy with the medical school, but whereas a medical training is generally undertaken as preparation for a medical or para-medical occupation, a law degree can and should provide preparation for a whole range of occupations, and insight to numerous aspects of public life. Law's great strength as the focus of a general education, especially if it is taught in the light of its practical outworking, is that it provides an excellent environment for the application of theory and ethics to real-life problems. It is an applied discipline, in other words, as Llewellyn put it, 'it is the profession which keeps the law alive'.98 Beyond this, we hope that we have shown that it is the law school which should keep the profession alive.

We will conclude as we intend our students to go on, with an exercise in self-reflection. Who are we?

The answer is that we are simultaneously both legal professionals and academics: a combination of cultures which might be expected to produce persons for whom collaborative and co-operative exercise does not come naturally.99 Our intention in writing this chapter has been to illustrate the value of bridging the artificial divisions between law school and practising jurists. Co-operation may not be in our nature, yet co-operate we must or see the House of Intellect fall before our pride.

Michaelmas 1995

____________________
96
op.cit page 1118
97
Bramble Bush page 98.
98
op.cit page 147
99
Mayson has observed that there is an 'independent, maverick streak in all lawyers', op-cit. page 3. While Donald Schön remarks that 'there is in the behavioral world of the university--especially in the major research universities--a powerful norm of individualism and competitiveness': 'Educating the Reflective Practitioner', op.cit. page 310.

-57-

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