Tammy Johnson and Caroline Strevens
The Role of Mistakes in Legal Education
Legal education has long been defined by precision, accuracy, and a high-stakes environment where mistakes are often seen as failures rather than opportunities for learning. The competitive nature of law school fosters a culture where students feel immense pressure to succeed, sometimes at the cost of their own well-being and professional development. However, a growing body of research suggests that learning from mistakes is crucial for developing resilience, critical thinking, and ethical decision-making skills - qualities that are essential for legal professionals.
The Cost of Perfectionism in Law Schools
Law students are disproportionately affected by perfectionism. Studies show that they experience high levels of stress, fear of failure, and reluctance to admit mistakes, which can stifle learning and professional growth. The fear of making mistakes often leads to students concealing their errors, avoiding risk-taking, and struggling with self-doubt. If these tendencies persist into legal practice, they can result in unethical decision-making, such as falsifying documents, misrepresenting facts, or failing to disclose errors to clients or supervisors.
Learning from Legal Practice: When Mistakes Are Concealed
The legal profession has seen numerous cases where lawyers, instead of admitting to their mistakes, attempted to conceal them - often with disastrous consequences. Consider the case of an Australian solicitor who provided incorrect legal advice to a client. Instead of acknowledging the mistake, he falsified file notes to suggest he had given the correct advice. The result? Disciplinary action and professional suspension.
In another instance, a property lawyer missed a critical payment deadline. Rather than informing her client, she attempted to cover up the mistake by misappropriating trust account funds. This led to serious legal repercussions, including fines and mandatory ethics training.
These cases highlight the urgent need to change the way law students perceive mistakes. If law schools reinforce the idea that mistakes are shameful, rather than learning opportunities, they risk producing legal professionals who lack the confidence to address errors ethically and transparently.
Shifting the Mindset: Embracing a “Mistakes-Friendly” Approach
Law teachers have an important role to play in addressing a “mistakes-friendly” approach. Mistakes made in the classroom are made publicly and the reaction of the teacher is influential in terms of the student’s emotional and intellectual reaction. Rather than move on to another student if the wrong answer is given, law teachers should establish a classroom environment where addressing the mistake is normal and expected. To prepare students for the realities of legal practice, law schools must cultivate a classroom culture that encourages intellectual risk-taking and acknowledges that mistakes are an integral part of the learning process. Some strategies for fostering this approach include:
- Creating a Safe Learning Environment – Law teachers should establish a culture where mistakes are discussed openly and constructively. This requires responding to student errors with guidance rather than criticism, emphasising the importance of understanding how and why the mistake occurred.
- Reframing Feedback – Instead of traditional feedback that focuses solely on correctness, teachers can use a “feed-forward” approach. This method emphasises improvement and future learning rather than simply pointing out errors. Constructive feedback should provide students with clear steps for refinement and growth.
- Integrating Reflective Practices – Encouraging students to reflect on their mistakes through journals, self-assessments, or group discussions can help them develop metacognition - the ability to think about their own thinking. This practice enables students to analyse their reasoning, recognise patterns in their mistakes, and apply corrective strategies.
- Promoting a Growth Mindset – A growth mindset encourages students to view intelligence and ability as malleable rather than fixed. Students who believe they can improve through effort and persistence are more likely to embrace challenges and learn from setbacks.
- Using Interactive Learning Tools – Technologies such as anonymous polling platforms (e.g., Kahoot or Poll Everywhere) allow students to engage with material without fear of public embarrassment. By making mistakes in a low-risk setting, students can develop confidence in their ability to learn from them.
- Addressing Institutional Barriers
Implementing a “mistakes-friendly” approach in law schools is not without challenges. Resistance to change, institutional inertia, and entrenched grading policies that penalise errors can hinder progress. Faculty development programs can help law teachers adopt new pedagogical strategies, while assessment methods can be revised to reward improvement rather than punish initial mistakes.
Additionally, law schools can create mentorship and support networks where students feel comfortable seeking guidance when they make mistakes. By fostering a culture of honesty and transparency, law schools can better prepare students for ethical legal practice.
Conclusion: Redefining Success in Legal Education
Law is a profession built on continuous learning, adaptability, and ethical integrity. By shifting the focus of legal education from perfection to progress, law schools can empower students to develop the skills necessary to navigate their careers with confidence and resilience. Mistakes are not failures - they are milestones on the path to professional competence.
A legal education that normalises learning from mistakes will ultimately produce more competent, ethical, and emotionally resilient lawyers. As legal educators, we must embrace this shift and champion an environment where mistakes are seen not as setbacks, but as stepping stones to success.
** For a more comprehensive discussion of this topic, see Tammy Johnson and Caroline Strevens, ‘Mistakes as Milestones: Rethinking Legal Education for Enhanced Learning’ (2025), The Law Teacher, https://doi.org/10.1080/03069400.2025.2453313