Transition to legal practice - A qualitative comparative study of older mature-age and traditional-age law students

  • Desmond Pettit

Student thesis: Doctoral Thesis

Abstract

In reviewing the research literature, there was an evident gap in the knowledge concerning law students transitioning into legal practice. Much of the research on law students and their graduate experience is quantitative and approximately thirty years old. More recent research has focused on specific aspects, including graduate prospects, income or career satisfaction, and the future of legal work. Little attention has been paid to the students’ experience of transitioning into legal practice and their perceptions of preparation for legal work. One consequence of this knowledge gap is an anecdotal perception that transitioning to legal practice is more challenging for older mature–aged graduates.

In light of this knowledge gap, this study investigated the perceptions of law students as they approach graduation and transition to legal practice. The study compared the perceptions of two cohorts of law students currently enrolled in their last or penultimate semester of law study. The first cohort consisted of twenty-seven traditional-age students aged twenty-five or under. The second cohort consisted of fifteen older mature-age students aged forty-five or over. The cohorts were drawn from seventeen law schools across Australia. Data were collected from the participants using semi-structured interviews as part of a qualitative study employing a descriptive phenomenological approach. This process allowed the students to describe their perceptions of the transition from student to legal practice as a lived experience.

The interview data were analysed pluralistically using thematic and comparative analysis. In examining the participants’ responses, six themes were identified: the law school experience, the law student approach to study, extracurricular enrichment, the recruitment experience, assumptions about practice, and the transition experience. These themes highlight that although there is some understandable trepidation and anxiety about what practice would represent for them, the participants saw transition as a positive and significant milestone in their journey to becoming lawyers. They were satisfied with the preparation they had received from law school and recognised that further practical training would assist in their transformation from graduate to practising lawyer.

Despite the two cohorts being age-diverse, the comparative analysis revealed little difference in their perceptions or experiences of the transition to legal practice. This finding suggests that although individuals experience law school and the transition to legal practice in various ways, the difference appeared to average out at the cohort level. The findings also suggest that the perception of transition to legal practice being more challenging for older mature–aged graduates is inaccurate.

The participants’ pure descriptions advance the existing limited research and give an alternative perspective from the insider point of view. In providing this updated insight, the research advances the theoretical understanding of students undertaking studies in law and provides insight into the challenges they face. The findings also extend the theoretical knowledge of older mature-age students, whose participation in post-secondary studies is increasing globally.
Date of Award2024
Original languageEnglish
SupervisorNickolas James (Supervisor) & Dawn Bennett (Supervisor)

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