Abstract
During the early 1900s Dewey laid the foundation of what we now refer to as reflective practice. In 1983 Schön published The reflective practitioner: How professionals think in action. The learning method of reflection was since then discussed and further developed by a number of academics. Reflective practice, which has a sound pedagogical basis, is used by clinicians globally in the teaching of clinical legal education (CLE). The approach of reflection within CLE flows from a cycle of preparation, doing and reflection. In clinical legal practice, students are often confronted with questions relating to ethical conduct. Clinic clients do not only lean on the practitioner’s technical legal knowledge, but they also place their confidence in the practitioner’s ability to reason and to form a judgement in an ethical and responsible manner, without discrimination. The main reasons identified for reflective practice are that the clinic presents fertile and unpredictable experiences that may lead to deep reflection; that reflection provides perspective on the dominance of positive black-letter law within legal training; that reflection aids in the building of resilience in a stressful profession; and that reflection can assist students to understand and criticise the law in context, which is important due to the unique role of legal practitioners in society. Professional skills are formed and strengthened through reflection, therefore making CLE the perfect laboratory for reflection. Reflection can be learnt by exposing students to the diverse circumstances and experiences encountered in the clinic multiple times. By reflecting in this context, students gain a framework to make sense of the problems they struggle with, to view the clients’ issues in a wider context and to use such knowledge to develop solutions. The profession is often criticised for its overemphasis on the technicality of substantive law, as practice is much wider and basic knowledge is not sufficient. Academia can, through reflective practice, provide students with skills instruction in order to correct the imbalance in the development of theoretical knowledge and practical experience. Reflection serves as a useful springboard from study to practice, as students who have learnt to reflect and experienced its advantages will in all probability continue to reflect during practice. Reflection therefore does not only provide for the training of life-long learners and resilient practitioners, but also serves as an instrument to train students to view the law in context.
The common denominator of reflective journals is the expectation that students will reflect in written form in order to share it with others. Students also have the expectation of receiving feedback from their clinicians, colleagues or both. Different types of reflective journals can be distinguished. Learning journals take the form of a written diary in which students note their insights on their clinical experiences. Case entry journals are impersonal, where students enter the processes followed in concluding their clients’ cases. Team journals involve the interactive entries by students in a public journal, allowing their peers to comment and provide feedback. Oral presentation journals entail that the true content of the journal remains confidential, but that students provide summaries of their insights in order to enlighten their peers. Technology provides for journal entries comparable with chat rooms. Students and their clinician sign in online to a pre-determined discussion where students share their insights and observations.
Different types of reflection have been developed. By reflecting on practice, students question their effectiveness and articulate the lessons learnt. With critical reflection, the focus is on access to justice and social justice. The aim of self-reflection is the development of professionalism and a professional identity, as well as self-regulation, emotional intelligence and cultural sensitivity. Integrated reflection involves the ability to integrate two or more types of reflection. The value of collective reflection, where students reflect with others, lies in the opportunity to test the credibility of their own reflection and to learn from one another.
How reflective practice is presented to students is important. Clinicians should emphasise the value of reflection and preferably demonstrate it with reference to their own practices. The right conditions should be created for reflection. Students should be placed in situations that are contrary to their normal fields of experience, which can be found within the clinical set-up, allowing them to react, which will trigger reflection. The explanation of reflection should be supported by relevant literature to help students understand why it forms an important component of their clinical course.
Reflection must be structured in order to create an environment where students will be more willing to internalise, identify their mistakes and correct them. Clinicians should assist in building students’ confidence by assuring them of the possibility of becoming good practitioners. This will confirm students’ abilities. Clinician feedback to students’ reflection is of key importance. Confirmation of students’ abilities in their step-by-step progress will make students less vulnerable when their reflections consist of both their strong points and their areas for improvement.
Reflection should be assessed. Students tend to pay more attention to work that is assessed, as they view the awarding of marks as a form of motivation. Reflective practice must be assessed according to indicated criteria that focuses on the process of the reflection, rather than the content. The assessment must be aligned with the learning outcomes of the clinical course. The assessments should conform to the characteristics of assessment, namely validity, reliability and controllability. Students must receive instructions relating to the clinician’s expectations.
Feedback is an essential aspect of the reflective process. The clinician should assume a supportive mentorship role, as the feedback will be an intense personal experience for the students. Where clinicians expect students to analyse and judge their conduct, students’ realisation that their actions made a difference to their clients will motivate them to improve in all areas.
The following assessment categories were suggested:1 the ability to have insight in a client-centred practice; the ability to demonstrate empathy with clients; and the ability to understand the meaning of moral neutrality when working with clients.
Keywords: assessment; clinical legal education; journal reflection; reflection; reflective journal; reflective practice; reflective practitioner
- Hierdie artikel se fokusprent is geskep deur Chinmay Singh en is verkry op Pexels.