The University of St. Thomas

June, 2011

Inspiring Effective Social Justice Leadership

Published on: Thursday, June 30th, 2011

Inspiring Effective Social Justice Leadership in Tomorrow’s Attorneys

By Robyn Brown (J.D. Candidate, Class of 2012), and Sarah Gillaspey (J.D. Class of 2011)

To further integrate the University of St. Thomas School of Law’s emphasis on social justice and ethical leadership in a practical way, the Holloran Center for Ethical Leadership in the Professions offered a unique two-credit course in Spring 2011 entitled “Ethical Leadership in Social Justice.” This course was developed and taught by Judge Wilhemina Wright of the Minnesota Court of Appeals and Holloran Center Fellow Hank Shea. The format of the course incorporated weekly guest speakers, lively class discussions, group projects, and journaling assignments.

Students were attracted to the course for many reasons. Many were interested in the subject matter, while others sought practical experience and knowledge in this field of law. Students were challenged to rethink their role as attorneys and discover how they could affect change in their communities and in society as a whole. Judge Wright explained, “Our goal as professors was to prepare law students to address social justice issues in the multitude of leadership capacities in which they will encounter them in the profession.  Our course was designed to prepare law students for the ‘real world’ challenges of serving.”

In a typical week, students were given preparatory reading and journal assignments, and then they met as a class for two hours. The first part of each class usually featured a guest speaker, giving students role-models from the various issue areas. Speakers included scholars, exemplar professionals in the field, and community leaders. The remainder of each class involved group discussion. During this second half, students were encouraged to discuss ethical dilemmas faced by attorneys in this field, share personal stories that could illuminate the topic areas, and challenge their assumptions through facilitated conversations. Each student was required to develop a personal credo and vision statement. These assignments were exercises in reflective writing, pushing students to consider their life goals and the integration of their own morality into their present and future lives.  In another unique component of the course, teams of students led the class in 60-minute case study analyses and discussions. Students drafted their own case studies, each focusing on a different ethical dilemma identified in the social justice arena. The class then discussed these case studies, applying various leadership models while determining what could be done and what should be done in the situation.

Emphasizing the need for professionals to understand and engage with the needs around them, Judge Wright described her hopes for students in the course: “University of St. Thomas School of Law graduates will occupy positions of power and influence.  I hope that the analytical tools, legal strategies and diverse perspectives that we addressed in Ethical Leadership in Social Justice will inform their judgment and actions as ethical leaders in the profession.”

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For more information on effective pedagogies for fostering engagement and student development, we recommend the following:

David W. Johnson, & Roger T. Johnson. (1997). Academic Controversies as a Vital Instructional Tool; 21 Civil Law-Update on Law Related Educ. 17, ABA Association.
See Johnson & Johnson article online at: http://heinonline.org/HOL/Page?handle=hein.journals/ulred21&div=36&g_sent=1&collection=journals

Roy Stuckey et. al., Best Practices for Legal Education: A Vision and a Road Map (2007).
See Chapter 4:  Best Practices for Delivering Instruction (see section on p. 120 on promoting collaboration) http://www.law.sc.edu/faculty/stuckey/best_practices/best_practices-04.pdf

Patricia M. King, & Karen S. Kitchener. (1994). Developing reflective judgment: Understanding and promoting intellectual growth and critical thinking in adolescents and adults. San Francisco: Jossey-Bass.
Reflective Judgment website:
http://www.umich.edu/~refjudg/edimplications.html

Proactively Seeking Feedback

Published on: Thursday, June 23rd, 2011

PROACTIVELY SEEKING FEEDBACK
© Neil Hamilton
Published in June 20, 2011 Minnesota Lawyer

Can work in the law be a kind of soulcraft? Can legal education help prepare students to experience work as a type of soulcraft? Last May 11, philosopher/mechanic and best-selling author of SHOP CLASS AS SOULCRAFT Michael Crawford (who runs a Richmond, Virginia motorcycle repair shop) addressed these questions at the 2011 Stakeholder Dialogue at the University of St. Thomas Opus School of Business.

Maintenance and Repair Work as Soulcraft

SHOP CLASS AS SOULCRAFT challenges the reader to lift the veil to see deeper realities underlying daily work in the trades, especially maintenance and repair.  One of Crawford’s deeper realities is that maintenance and repair work requires the worker to confront mistakes daily, and then to seek feedback, reflect, self-assess and try again. Mistakes and a feedback loop to correct them and do better cause the worker to grow both in technical competence and the virtues.

As I first read his book and then listened to Crawford’s lecture, I was reminded of my weekend maintenance and repair work on my 1928 house. An unfortunate number of efforts parallel Tom Hank’s efforts in the film Money Pit. I make a ton of mistakes that I discover through immediate feedback. As Crawford points, out, when I turn on the repaired light, the light does not go on.

Through the process of making mistakes and getting immediate feedback, my technical skills grow. In addition, I learn and practice a number of character virtues relevant to legal work: virtues like humility, perseverance, and patience. I also learn repeatedly that my problem-solving capacities and skills and my performance benefit immensely if I seek good counsel from an experienced person like Waldo the hardware man.  One of the great benefits of experienced mentors is captured in Eleanor Roosevelt’s comment “Learn from the mistakes of others, you can’t live long enough to make them all yourself.” The stories that experienced maintenance and repair people tell about learning from mistakes are similar to the stories experienced lawyers tell clients and junior lawyers about lessons from mistakes. “We tried that, and it did not work out quite as we expected ….”

Legal Work and Legal Education as Soulcraft

In 2010, the Carnegie Foundation for the Advancement of Teaching completed ten years of work on five empirical studies titled EDUCATING CLERGY, EDUCATING LAWYERS, EDUCATING ENGINEERS, EDUCATING NURSES AND EDUCATING PHYSICIANS. In order to foster each student’s  growth in technical skills and each student’s internalized ethical professional identity, the studies strongly recommended helping students to internalize the disposition/habit of both reflecting on the responsibilities of the profession and actively seeking feedback, reflecting on it, and self-assessing performance, especially regarding mistakes.

Do legal education and legal work require the law student or lawyer to confront mistakes daily, and pro-actively to seek feedback and counsel from others about the mistake, to reflect on the feedback, to self-assess, and then to try again, and thus to grow in both technical skill and virtue?

The Carnegie studies point out that legal and engineering education have a more difficult challenge helping students internalize these dispositions and habits in comparison with medicine and nursing. Both of the latter involve the advanced student much more frequently in working with the patient in the presence of a senior professional where student mistakes can be corrected and debriefed quickly. The advanced student is also able to observe more frequently how a senior professional models high technical competence and ethical conduct in serving the patient.

Some law firm cultures may be providing this type of formative feedback to junior lawyers. However corporate clients are becoming increasingly resistant to paying for this type of apprenticeship experience.

Proactively Seeking Feedback

While maintenance and repair work often provide immediate notice and feedback about mistakes because the physical object of the repair work clearly made no discernible improvement, legal work involves human relationships and difficult judgments where mistakes are not as evident, and feedback is often much less immediate. This difference means that for legal work to involve soulcraft in a sense analogous to Crawford’s argument about maintenance and repair work, the lawyer must be highly proactive in seeking feedback to identify and learn about where the lawyer could have done better.

How many lawyers or law students do you know who actively and regularly take the time to seek feedback from clients, colleagues, staff, and family, particularly about mistakes?  Do they take the time to listen carefully, to reflect, and to self-assess?  In your observation, do those lawyers or law students you have identified keep growing in terms of technical skills and the virtues?

Holloran Center research fellow Verna Monson and I wrote an article on our interviews with twelve professionalism award winners in Minnesota. You can access the article at http://ssrn.com/abstract=18044119 All twelve exemplary lawyers stressed the importance of learning from mistakes and a habit of proactively seeking feedback, reflection and self-assessment in order to keep growing as a professional.

Whether or not a law student or lawyer is in a culture that encourages formative feedback on performance, especially mistakes, I suggest that each lawyer proactively develop a trusted personal board of directors who give honest feedback, especially on mistakes.  The lawyer should include clients, colleagues, staff, friends and family. Then regularly and proactively seek input from these individuals, listen carefully, reflect on the input, and self-assess how to improve.

This disposition and habit can make the work into soulcraft.