‘Hitting the keyboard’ : Exploring student feelings and approaches to developing legal research skills

Blog post by Mel Holmes (Lecturer and Student Experience Manager) and Hossam Kassem (Lecturer and Student Experience Manager, Teaching and Learning Librarian)

Unlike many other Law Schools, at The Open University Law School, legal research skills are embedded within our teaching materials, with additional resources and training offered outside of the courses. There is no standalone legal research training course. Marking data from assessments shows that not all students were able to meet the Legal Research Learning Outcomes.   Therefore, if students are unable to demonstrate the required level of legal research skills, they will not pass courses.  As Guth, Cownie and Jones (2020) identify, the teaching of law has tended to focus on teaching ‘the Law itself’, rather than the ‘how to’. 

Against the context of a diverse student community studying remotely, a small scholarship team made up of staff and students, wanted to delve deeper, giving students a ‘voice’.  The team wanted to hear how students, felt and understood about legal research skills, both as a term and as a legal skill that they needed to develop during their studies.  

Research Methodology

Focus groups were used, to gather qualitative data to help understand the differences between student, staff and the wider university understanding of legal research skills (Morgan & Kreuger, 1993). Using focus groups also helped the team to explore participant’s ideas and solutions (Kitzinger, 1995).

In total 8 law students, and 7 members of staff, attended online focus groups, together with 4 student members on the scholarship team.  Thematic analysis identified four key themes from the data :-

(1) Understanding of digital information literacy in law

Our data shows that the term ‘legal research skills’ means different things across both students and staff. Descriptions of legal research ranged from narrow to broad, including a student describing the realisation that this skill was not just about the mechanics of knowing how to find information online and to use databases, but also the skills to “narrow down” and "filter”, to ensure the relevance, quality and reliability of information.      

(2) What helped students to understand and develop their legal research skills

The Open University was described as” a navigator”. Students found having different tutors explaining legal research skills, and the sharing as to how they approach their legal research, useful.  The provision of detailed marking feedback, library training and guides, central Law School skill resources and informal social media groups, all helped students to develop this skill. Online distance learning was also identified as a positive facilitator, given this meant no travelling, improved accessibility, and increased attendance by other students. Free 24-hour access to library resources and staff help, was also acknowledged, with resources being” on demand”, to meet diverse student needs.  

(3) Why are students not following the instructions/developing their legal research skills?

Students reported that at times, they felt confused, not knowing what they were doing, and staying quiet.  One student shared “I was just smashing the keyboard, hoping I would figure it out”. Another student described how they were aware some people were hesitant to ask their tutor, for fear of looking stupid or lowering their marks by asking. Some students explained how it “sounds hard” when asked to conduct their own legal research and that it was assumed they knew how to research.  

Many of our students are adult learners, with competing demands on them, describing themselves as being ‘time poor’. Accessibility was also raised as a concern by students and staff, with 27% students at the Open University declaring a disability, the different legal databases can present specific challenges, for example, a neurodivergent student shared how the presentation and use of colours were “hard to work with”

(4) What helps students and what does not help students?    

A point made across the focus groups, was how can students be incentivised to want to develop this key legal skill.  All participants agreed that legal research is an important skill, and the majority of participants, viewed it as a foundational skill. All participants thought legal research skills needed greater promotion to Law students, to help them understand the importance of this skill. There may be assumptions being made that students understand research is a key skill for their legal studies and its value in terms of future employability. In addition, whether students understand that as a skill, this is something they will be developing, over time.  Student participants described how they were aware of other students feeling lost, overwhelmed and at times, embarrassed to ask questions and reach out for help.

Another barrier discussed was the need for all, both students and staff, to understand accessibility issues faced by many students. For example, the challenges faced by neurodiverse students was discussed. A student shared how challenging she found using legal databases, particularly due to how information was displayed.  Staff and student shared their experiences of not being provided clear instructions or expected time frames when asked to conduct research.  This could result in a student ‘entering the rabbit hole’ and not knowing when to stop researching. 

Legal research also requires high levels of digital literacy and understanding of the different legal databases.  Whilst most participants thought legal research online was ‘easier’ in some ways, such as removing the need to attend a library, research result in large amounts of information.  As a result, participants described the additional demands on student of the ability to decipher information, ensuring their results are accurate, current and reliable.

A further barrier to learning that particularly impacts students who are distant, online learners, is being time poor. All participants were aware of this, due to many Open University students studying part-time, or having work and family commitments outside of their studies.  Student shared that sometimes,  time constraints resulted in their research being rushed, to find ‘the right answer’.

How to further support the attainment of legal research skills?

Firstly, a shared understanding of what is meant by legal research skills is needed. Therefore, clarification as to what is meant by legal research skills in detail, and within the different contexts, is needed.  Students will then be able to understand how to develop their legal research skills as they progress through their studies, and how this relates to digital literacy and other core study skills.  Students will also be in a stronger position to understand how to demonstrate their legal research skills in their assessments.  

Secondly, participants shared how much they valued the different legal research skill and training resources, including structured resources and activities, resources that can be assessed ‘on demand’ for example between courses, and resources that are available both within and external to course materials.  Continuing to provide and create further resources to address different student needs, will support all students being able to develop their legal research skills.

Finally, whilst making students aware of the importance of legal research skills is important, this needs to be balanced, recognising that students have many competing demands on them. Linked to this, promoting student self-efficacy and reducing their stress will help to improve the student experience.  Students need to be aware that they can control the outcome of their hard work and that they can achieve success. (Bandura, Freeman, and Lightsey, 1999; Maddux, 1995).

Project supported and funded by SCiLAB – The OU Scholarship Centre for innovation in online Legal and Business education. Project Reference 15.2

Professional biographies

Mel Holmes

Mel, previously working as an inhouse solicitor, joined the Open University in 2000, as an Associate Lecturer on Access and Level 1 Law modules. She is currently a Lecturer and Student Experience Manager, roles which include bringing the student perspective to developing module/programme teaching and learning design.  As the first person in her family to attend university, she is particularly interested in how universities can best support all students to achieve their study goals. Mel is working on projects focused on developing study skill resources and support.

Hossam Kassem

Hossam Kassem has worked as a Learning and Teaching Librarian at the OU Library since March 2018. He is an Academic Liaison Librarian covering STEM and FBL. He also delivers online teaching on Digital Information Literacy and legal Research. Hossam is also a Law Associate Lecturer and a Student Experience Manager at the OU Law School. Hossam has special interest in supporting disabled staff and students and works with colleagues across the OU and academic publishers on improving disabled users' experience.

Scholarship team members: Sarah Scott, Abi Light, Loz Harris, Jackie Manning and Natalie Jefferies