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Putting Priestley 11 into practice

Although the conversion rate of law graduates to legal practitioners is not known, we are aware that a reliable number of commencing law students intend to become lawyers. The 2017 Graduate Tracking survey, conducted for the Law Society of NSW, found that 66 per cent of law graduates intended to practise law.

To be admitted as a legal practitioner in New South Wales (and Australia), an applicant is required to have academic qualifications, practical legal training experience and be ‘of good fame and character’. The admission process is regulated by the NSW Legal Profession Admission Board. The practical legal training (PLT) requirement is often lost in the focus of obtaining the academic qualification, possibly as PLT is shorter and later in the journey from student to practitioner.

Many of us remember our law study with the Priestley 11 dominating its content. Just as the Priestley 11 influences the academic course, PLT is shaped by the ‘Competencies’: prescribed practice areas, skills, values, and a period of practical experience (at least 15 days) are required to be covered in the program.

A level placement ground?

Some members of the profession may remember in the pre-PLT era, where students were required to undergo ‘articles’ with a master/apprenticeship model of on-the-job training. This model was not sustainable given the number students requiring practical experience compared with the number of practitioners who were able to act as supervisors. With the increase in law graduates, it is not possible for every student to secure a position in legal practice during their years of study, nor does every student have a connection to the profession from which they can gain experience. PLT, introduced in the 1970s, creates an experiential immersion for students in the daily work of a solicitor.

PLT is the capstone of academic study, designed and delivered by current or former experienced practitioners. It serves a similar purpose to professional programs and placements required by other professions. This begs the question as to whether the mandatory placement should be paid, as will happen from 1 July 2025 for teaching, nursing, midwifery and social work students on placement under the federal government’s Commonwealth Prac Payment.

The requirement for practical experience has resulted in challenges for students. Anecdotally, we are aware that some students are undertaking unpaid work to fulfill their practical experience requirements. We are not referring to those undertaking volunteer placements with community legal centres and not-for-profit agencies. Similarly, students have mixed experiences of supervision. This is both a challenge and an opportunity for the profession and PLT providers to work together on addressing inconsistencies of experiences in legal workplaces.

Journey’s end: admission

The popularity of law as a degree, coupled with an expansion of university places and entry pathways, has resulted in a greater diversity of law students from different cultural and linguistic backgrounds. A number of these students are first-in-family to complete a university degree and to be admitted to the profession. Student diversity has led to greater diversity in the profession: the Law Society’s 2023-24 Practising Certificate Survey found that 62 per cent of respondents identified as non-Indigenous Australians compared with the 2016 results of 72.4 per cent of solicitors who were born in Australia.

PLT is a prescribed requirement for admission to the profession. As such, it is imperative that the practical experience component is reviewed and improved to ensure students receive a high-quality introduction to the profession. For the percentage of students who are unsure as to whether they wish to practise law, we encourage them to apply for admission as this marks the end of lengthy and rigorous study.  A commitment to study calls for sacrifices. Having your name of the Roll of Lawyers in NSW is a permanent acknowledgement of that commitment.

Being a member of the legal profession is a privilege. Increased diversity in the law student population will result in a profession representative of the communities that lawyers serve. PLT is a critical component of the journey from student to practitioner and one that should be promoted to students as the final stage of professional education as a lawyer.