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Definition of Pedagogy (the best one, objectively):

“The methods and strategies teachers use to make learning effective, interesting, and accessible to all students.”

Wait - methods and strategies? Yes. Things like:

• knowing how to make lessons interesting,

• deciding how to explain terms and concepts, and

• figuring out the best ways to help students of differing abilities and backgrounds (i.e., the “all students” bit) understand new ideas.

In other words, pedagogy is about how information is taught.

I like to rephrase this in quasi-marketing terms: it’s about the teacher using her training & experience as an educator to make sure that the learning happens as intended, for every student.

Pedagogy in legal education

Countless examples. Here’s 5

1. Case Method: The definitive law school pedagogy. Reading & discussing court cases helps students (i) understand how legal principles are applied in real-world situations, (ii) develop critical thinking skills, and (iii) learn to analyze and argue different sides of a case.

2. Socratic Method: Ugh. Yes, professors putting you on the spot with a series of questions, with Latin sprinkled-in, about a case or legal concept is indeed a pedagogy. The (often tortuous) guided dialogue is intended to help students learn to think like lawyers, developing their ability to reason and respond to complex legal issues.

3. Problem-Based Learning: A complex legal problem or scenario, often without a clear answer is presented and students must research and apply legal principles to resolve the issue. This pedagogy helps develop practical skills like legal research, analysis, and problem-solving.

4. Role-Playing and Simulations: Mock trials, negotiations, or client counseling sessions - all provide a safe environment for students to practice and receive feedback on skills such as advocacy, negotiation, and ethical decision-making. My favorite method when I was in school.

5. Multimedia and Technology: Incorporating videos, podcasts, online simulations, and other digital resources enhance the learning experience, making legal concepts more accessible and engaging. E.g., video reenactments of court cases. Very modern, very effective online.

Pedagogy and the Learner

2 key concepts here: sustained engagement and cognitive development.

Sustained engagement is so hard in the modern learning environment! A well-designed, customized (by topic and audience) pedagogy will inevitably boost learner engagement vs. simply lecturing or sharing experiences (more on the latter, below). It’s a slog, but knowing how to facilitate sustained engagement is critical to any meaningful training program.

Cognitive development: at the risk of drifting waaayyy outside my lane, what I do know is that sound pedagogy enhances various cognitive skills such as memory, problem-solving, and critical thinking. In addition, many pedagogical strategies employ scaffolded learning, which supports & guides students as they learn new concepts, gradually reducing this support as they become more competent. Lastly, given that students have different ways of processing information, a pedagogy that acknowledges & caters to diverse learning styles (e.g., visual and auditory) allows students to learn in the ways they are most naturally inclined.

Bottom line: it’s pretty logical that an instructor who follows a specific pedagogy creates a powerful, learner-friendly environment. Something to aspire to, yes?

What about storytelling?

This is where it gets ugly. Just as not everyone who steps on a stage is an actor, not everyone who shares a story is a teacher. True, teachers routinely use storytelling in the classroom, but it’s just one teaching tool in their bag.

This is where it gets uglier. In fact, while the desire to share knowledge through storytelling is indeed admirable (and quite popular, recently), under the principle of “do more good than harm” storytelling-as-teaching is a practice that needs to stop. Need proof? Remember the “Design Thinking” craze in legal? It took a while, but today we can all agree that learning to think like a designer does not make you a designer. (“Teacher Thinking” doesn’t really capture it, but, yeah, it’s that).

Do I think it will stop? No, of course not. But, with this newsletter being about raising awareness and creating a call to action, the endgame is to improve the work product - the topics taught, the training programs themselves, outcomes.

Understanding what pedagogy is, how it’s used in legal today, and how the learner benefits is how we get the ball rolling. Storytellers are welcome, but must be prepared to respond to “What else ya got?”

Next Ish:

Pedagogy isn’t going away! But, we need to talk about topics. I.e., what the data tells us must be taught and why.

Who’s making these decisions? What evidence are they using (don’t forget, law is an evidence-based profession)? What is the benefit to clients or individual lawyers?

All will be revealed starting with Issue #16.

Thanks for your continued support!