The incorporation of instructional approaches in formal training for lawyers that address issues of cognitive load and the development of expertise

Law firms and many other organizations aim to recruit and retain the best available people, which is their greatest asset. To develop their valuable workforce, in-house training programs can greatly contribute to their employees' progression towards expertise. According to the American Bar Association's Model Rule for Continuing Legal Education, education requirements for lawyers should "encourage the attainment and maintenance of professional competence." In-house training provides an opportunity for "best practices" to apply regulations within the context of firm culture. As law firms become larger, in-house training also serves the purposes of risk management so that lawyers are aware of risks and adopt the firm's policies into their job responsibilities. An implementation of the process (information processing system) by which learning occurs through the use of instructional techniques designed to provide experiences and manage the amount of information being provided (cognitive load) develops a deeper and more complex understanding that is needed for the development of expertise.;The purpose of this study is to explore how large law firms approach formal training with respect to Cognitive Load Theory and the research on the development of expertise. The following research question guided the study: "What approaches do large law firms incorporate into their formal training for lawyers that address issues of cognitive load and the development of expertise?" My answer to this question was found through the review of empirically-based literature about lawyers and learning, and a newly performed study. This study involved a collection of data from two law firms on the 2009 American Lawyer list of 100 of the largest U.S. law firms with offices in the U.S., Europe and Asia and a lawyer population listed between 700 and 900 lawyers. Data was collected through a survey to lawyers, an interview with a training professional and handouts used in in-house training, and entered into a chart that reflected the information processing system framework.;Results from this study showed that the goal of formal training is to provide lawyers with the knowledge and skills needed to do substantive work in their practice areas. Attention is not normally compromised. Cognitive load appeared high due to the lecture format where new information was mostly illustrated through examples. Interactivity for a 1-hour training session was provided through a question and answer period, but was more extensive for conferences held over several days. There was less consideration of prior knowledge as the years of a lawyers experience increased. New information that generally addressed all levels of expertise or basic knowledge, such as what would be learned in law school, was provided. Comments showed that the impact of training to job responsibilities increased awareness as new situations arose. However, opportunities for experience that relates to newly provided information may not always be available to lawyers.;Comparing the results of this study to prior research, it is evident that an understanding of a lawyer's prior knowledge is critical so that effective instructional methods can be implemented into in-house training programs. An understanding of prior knowledge will allow cognitive load to be managed effectively and deliberate practice to be properly incorporated so that experiences can facilitate professional competence. As professional competence is developed, conflicts between firm policies and supervisor or client preferences can be resolved more clearly. Additionally, change caused by outside pressures, such as laws and technology, can be handled more easily.