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Janet Stearns

Important New Resource at the Crossroads of Professional Identity and Well-Being

By: Janet Stearns, Dean of Students, University of Miami School of Law

The updated ABA Standards on professional identity and well-being are going into effect with this new school year. Many of us are seeking accessible and affordable resources for our law students that will (1) address the fundamental challenges around well-being in the profession and (2) recommend practical strategies and resources. An essential element of this canon is Lawrence (Larry) Krieger’s updated booklet, Create Success Without Stress in the Law: New Science for Happiness, Health and Positive Professional Identity (2023).

Many of this Blog’s readers know of Larry Krieger and his longstanding work in the field of well-being, happiness, and balance in the legal profession. Larry co-directs the Externship Program and has been a clinical professor at Florida State University College of Law for more than thirty years. Together with Professor Kennon Sheldon, he authored the seminal article, What Makes Lawyers Happy: A Data-Driven Prescription to Redefine Professional Success. In 2007, he served as founding Chair of the AALS Section on Balance and Well-Being in Legal Education. He has been recognized by both the American Bar Association (2019) and the Association of American Law Schools (2016) with Outstanding Service awards for his efforts to bring greater health and well-being to law students and lawyers. Larry and I have been crossing paths and sharing passions over these past sixteen years, notwithstanding the healthy rivalry between our two institutions.

In 2005, Larry first self-published a booklet for law students, then called The Hidden Sources of Law School Stress. The next year, he published a companion booklet, Deeper Understanding of Your Career Choices. Over all these years, many law schools (including my own) purchase copies of the books for their law students.

The most recent edition of the booklet is about 40 pages and combines these themes of law school stress and evaluating satisfying career choices into one very readable and concise format. As evident in the title, Larry has also significantly sharpened the focus on “positive professional identity” in this latest edition, which makes it a very valuable addition to our toolbox. This recent book has greatly benefited from the collaboration, inspiration, and insights of Theresa Krieger. Theresa is a certified health coach, life coach, spiritual coach, and a fitness trainer recognized by the American College of Sports Medicine. She has worked holistically with law students and lawyers since 2016. The couple created and co-teach a course at the FSU College of Law on well-being, professional identity, and transformational leadership. Lessons from that class are infused throughout this latest edition.

The booklet has six major sections:

  1. Stress is a choice that you don’t have to make
  2. Put healthy limits on your legal thinking
  3. Fear of failure and the illusion of control
  4. Partying, depression, and distraction
  5. Finding the right job: surface value or satisfaction value
  6. Quick and powerful practices to start now (my favorite part, but which flows naturally from the previous sections)

Larry has an incredible understanding of law students and speaks directly to them with honesty and compassion. He covers data and literature on our profession, but also speaks to their worries, doubts, and common stress points. While I cannot promise that every single law student will read the book, those who do have always given it positive reviews and are filled with gratitude that this resource was offered to them.

When should we share this book with students? I suggest five main options:

  1. Orientation. The book could be shared and distributed with other materials during law school orientation to prepare students for the law school experience, frame common issues and concerns, and prepare them for the path ahead.
  2. Wellness Week/ Mental Health Day. Many law schools celebrate World Mental Health Day (October 10) with some wellness programming. Larry’s booklet is a wonderful centerpiece for the Wellness Week Initiative, a great handout for a wellness fair, or it can be integrated into other presentations.
  3. Professional Responsibility and Professional Identity Courses, as part of a focused class on lawyer happiness and well-being, or as a supplement to other textbooks.
  4. Student Affairs and Counseling Staff, who should have this available as a handout for the student in crisis. Our offices are filled with students with significant anxiety about the law school experience, whether to continue, how to balance competing demands on time and navigate law school’s inevitable stressors. Larry’s book is an amazing and concrete resource, and it has already served as a lifeline to a generation of students.
  5. Career Development Advisors, who can provide this booklet to students as they are evaluating summer or permanent job options, and trying to plan for their pathway into the profession.

At Miami Law, we typically invest each summer in a supply of Larry’s booklet that would cover our entire first-year class, and then purchase additional copies as needed for our student affairs and career development teams.

If you are interested in investing in Larry’s book for your law school, then please email him directly at lkrieger@law.fsu.edu. He self-publishes the book at the incredibly affordable price of $1.75 to $3 per booklet (based upon quantity) plus shipping.

Janet Stearns is Dean of Students at the University of Miami School of Law and Chair of the ABA COLAP Law School Committee.

 

David Grenardo

Leveraging Professional Identity Formation in the Doctrinal Law School Class

By: David A. Grenardo, Professor of Law and Associate Director of the Holloran Center for Ethical Leadership in the Professions, University of St. Thomas School of Law

Lou Bilionis, Dean Emeritus and Droege Professor of Law at the University of Cincinnati College of Law, also serves as a Holloran Center Fellow. He has written extensively on professional identity formation, including an open access book published by Cambridge University Press titled Law Student Professional Development and Formation: Bridging Law School, Student, and Employer Goals. His most recent article on professional identity, which is forthcoming in the University of St. Thomas Law Journal, demonstrates how law professors can effectively incorporate professional identity formation into doctrinal classes. He presented this article at the University of St. Thomas Law Journal’s spring 2023 symposium that explored pedagogies to support professional identity formation.

American law schools are paying increased attention to the professional identity formation of their students. The trend should grow now that the American Bar Association’s Section of Legal Education and Admissions to the Bar has revised its accreditation standards to prescribe that “a law school shall provide substantial opportunities to students for … (3) the development of a professional identity.”

As law school faculty and staff proceed, professors who teach traditional doctrinal classes may doubt they can do much if anything differently in their courses to support professional identity formation. Questions about course coverage and their own competency to focus on professional identity formation understandably arise and may give professors pause. Bilionis’ article illustrates how purposeful focus on professional identity formation in a doctrinal course can be done to enrich the educational experience for students. Rather than detracting from the doctrinal work, professional identity formation features can be a multiplier. They can be leveraged to promote the doctrinal learning and the sharpening of cognitive skills traditionally expected in the course, while also contributing positively to the student’s development as a professional in other ways. Importantly, doing so is not difficult and requires no special expertise of the professor.

Bilionis’ article reports on his personal experience since 2016 teaching a basic constitutional law course with professional identity formation as a central feature. The reader will find a model that has delivered positive results for students and the professor alike, and which any professor can employ in any typical doctrinal course. In addition to reviewing strategic considerations, the article digs into the details of what to do and how to do it. It identifies and walks through various components that can be introduced to accent professional identity formation concepts while advancing traditional learning objectives. The components are easily adaptable to suit the needs and preferences of the professor, and faculty interested in experimenting can select one or more for a test run in their classes.

A link to Bilionis’ article can be found here.

David Grenardo is a Professor of Law and Associate Director of the Holloran Center for Ethical Leadership in the Professions at the University of St. Thomas School of Law.

David Grenardo

If You’re Looking for Professional Identity Formation Resources, Then You’ve Come to the Right Place

By: David A. Grenardo, Professor of Law and Associate Director of the Holloran Center for Ethical Leadership in the Professions, University of St. Thomas School of Law

The Holloran Center for Ethical Leadership in the Professions at the University of St. Thomas School of Law (Minnesota) strives to share as many resources with others as possible. In an effort to make resources even more accessible, the Holloran Center has revamped its website to deliver those resources in a user-friendly manner.

The home page of the Holloran Center website begins with links (on the right side of the page) to (1) short, useful definitions of professional identity and professional identity formation, (2) three articles that explain the ABA’s changes to its standards 303(b) and (c), and (3) two groundbreaking articles on law students’ well-being.

As you scroll down the home page, four major links can be found under the heading “How to Get Started”: (1) Get to Know the Holloran Center, (2) Review Changes to Standard 303, (3) Explore our Tools and Resources, and (4) See Our Research and Training. Each of these four major categories is discussed below.

The first major link, Get to Know the Holloran Center, takes the user to a page that features the leadership team of the Holloran Center, including its Co-Directors Neil Hamilton and Jerry Organ, along with me, and the Holloran Center Fellows, Barbara Glesner Fines, Kendall Kerew, and Lou Bilionis. It also includes links to pages about Tom Holloran, who is the inspiration and namesake of the Center, along with a Donors and Partners page.

The second major link, Review Changes to Standard 303, leads to a page that includes (1) a list of existing entry ramps for schools to incorporate professional identity formation and (2) a link to an open access book – Law Student Professional Development and Formation: Bridging Law School, Student, and Employer Goals – that provides a straightforward and detailed look at the changes to 303(b) and (c) and suggestions regarding how to comply with those standards, and (3) the introductory materials mentioned above (short definitions of PI and PIF and three short articles about the changes to the ABA standards).

The third major link – Explore our Tools and Resources – brings up three more links on that topic: Learning Outcomes Database; Holloran Competency Milestones; and Professional Development Database.

The Learning Outcomes Database contains a searchable list of all law school learning outcomes that were available on law school websites as of January 2022. The Holloran Center identified those law schools with “basic” learning outcomes – those that recite the language of Standard 302 and nothing more. The Holloran Center also identified those law schools with more robust learning outcomes than required by the language of Standard 302.

The Holloran Competency Milestones are rubrics that describe the various stages of development associated with learning outcomes. In other words, they provide a tool to assess whether (and to what extent) law students are reaching learning outcomes in a variety of areas, including the following:

The Professional Development Database list includes 62 first-year, required, law school professional development initiatives based on information from law school websites as of November 2019. This list, as well as the Learning Outcomes Database, are currently being updated by research assistants for the Holloran Center. The updates should be available by September 1, 2023.

The fourth major link, See Our Research and Training, consists of three links itself. The first is the Roadmap for Employment, which is the award-winning book that provides a template for law students to use throughout all three years of law school to be fully prepared to find meaningful employment upon graduation. ABA Books will publish the substantially revised third edition of Roadmap on August 1st of this year; the latest edition is streamlined and even more law-student friendly at 51 pages total.

The second link under Research and Training, Coach Training, offers coaching tips and a guide to perform one-on-one coaching with law students, which is the most effective method to foster each student’s professional growth. The third link contains extensive Research on Professional Formation in multiple areas, such as professional formation overview, the importance of professional formation, promoting student self-direction, fostering a fiduciary mindset, assessing student professional development, legal education observations, and law student well-being and satisfaction.

As you scroll down the home page, there is a link to the Holloran Center Professional Identity Implementation Blog, which features useful and creative articles by contributors from law schools across the entire country.

Scrolling down further on the home page one will find several of the four major links described above.

We are thankful for the excellent work of Carrie Hilger at the University of St. Thomas School of Law and the University of St. Thomas IT Department in revising the Holloran Center website. We are particularly grateful to Skylar Peyton, a rising 3L at the University of St. Thomas School of Law, whose attention to detail, work ethic, and dedication helped to vastly improve the website.

The Holloran Center hopes that its website continues to serve as a valuable hub for free and accessible professional identity resources that can benefit law schools across the nation.

Should you have any questions or needs, please feel free to contact us.

David Grenardo is a Professor of Law and Associate Director of the Holloran Center for Ethical Leadership in the Professions at the University of St. Thomas School of Law.

David Grenardo

Student Professional Identity Formation and the Foundational Skill of Building a Tent of Professional Relationships to Support the Student

By: David A. Grenardo, Professor of Law and Associate Director of the Holloran Center for Ethical Leadership in the Professions, University of St. Thomas School of Law

Neil Hamilton, who is the Holloran Professor of Law and Co-Director of the Holloran Center for Ethical Leadership in the Professions at the University of St. Thomas School of Law, has authored yet another influential and practical article on professional identity formation. Hamilton’s latest article, which is forthcoming in the Wake Forest Law Review, is a guide for law faculty and staff who want each student to build a tent of professional relationships – a professional network – who both support the student and trust the student to do the work of a lawyer. The importance of professional networks for work performance and career opportunities has been well-established in hundreds of empirical studies. In addition, a growing research literature is documenting that the creation of a professional network requires pro-active networking behaviors, which are defined as an individual’s efforts to develop and maintain professional relationships with others who can potentially provide assistance to them in their career or work.

For some students (and lawyers), “networking” with a clear purpose of strengthening support for the student’s professional goals feels inauthentic, impure, and perhaps even dirty. To avoid this negative connotation, Hamilton’s article uses “building a tent of professional relationships who support the student and trust the student to do the work of a lawyer.” This framing, in Hamilton’s experience, fits within the students’ natural understanding of the importance of social support for each person, including the student, and feels authentic and less instrumental to the students.

A link to Hamilton’s article can be found here.

David Grenardo is a Professor of Law and Associate Director of the Holloran Center for Ethical Leadership in the Professions at the University of St. Thomas School of Law.

Andrele St. Val, Ann Sinsheimer, Ciara Willett, Omid Fotuhi

Fostering Resilience and Engagement in Law Students

By: Dr. Ann Sinsheimer, Professor of Legal Writing, University of Pittsburgh School of Law
Dr. Omid Fotuhi, Research Psychologist, Learning Research and Development Center, University of Pittsburgh
Andrele St. Val, Assistant Professor of Legal Writing, University of Pittsburgh School of Law
Ciara Willett, Senior Data Scientist, Nielsen

Introduction

For years, scholars have been calling for a change to legal education—to modernize and humanize the system, to make it more inclusive, and to help students maintain balance. Previous efforts within the law community have used a top-down approach to address these concerns, in which interventions and changes are implemented without consulting the students affected by these policies. At the University of Pittsburgh, through the support of researcher partnerships and grants, we have developed a novel approach—listening to and highlighting students’ experiences while implementing a series of targeted, tailored, and well-timed psychological interventions that emphasize their voices and concerns.

First and foremost, our goals are to improve the law school student experience and foster an environment that supports their academic and professional growth. Additionally, we believe that there are potential ancillary effects across the institution (e.g., admissions, student retention, alumni engagement). In the rest of our post, we describe the origins of The Fostering Resilience and Engagement Project, what we have learned thus far, our future directions and goals, and our recommendations for other law schools or professional programs that wish to adopt a similar model.[i]

Origins of The Fostering Resilience and Engagement Project

While teaching Legal Writing to first-year law students, Dr. Sinsheimer began to notice a pattern. In August, the first-year law students are full of enthusiasm. By the end of October, many are full of anxiety and concerned about exams, worried that law school was not the right choice, and unsure whether their grades will be good enough to find a summer job. Some students feel a tremendous pressure that their first-year performance means “everything” to their future as lawyers; other students seem to regard critical feedback as a statement of their ability instead of an opportunity for growth. If the students fail to perform at the level they expect of themselves, they begin to doubt their ability to practice law. By the end of the year, more than a few students are disenchanted with the process of legal education—a common experience throughout U.S. law schools. Troubled by this pattern, Dr. Sinsheimer looked for ways to make her students more resilient and the process more humane.

In 2018, she met Dr. Omid Fotuhi, a research psychologist at the University of Pittsburgh. Dr. Fotuhi was researching psychological interventions designed to help students to adopt “adaptive mindsets”, specifically by studying how students deal with uncertainty around belonging in new circumstances. Having worked primarily with the undergraduate population, Dr. Fotuhi was interested in how graduate and professional school environments might differ. Together, we began our project at Pitt Law. We were also fortunate to recruit others, specifically Professor Andrele St. Val and our Data Scientist Ciara Willett.

Understanding the Problem

Our first step was to understand the law students’ perspectives of their experiences. We began with focus groups and follow-up surveys distributed to students from each year in the law program. Approaching students to discuss and process their experiences was novel for them, and a sort of intervention itself. One student wrote: “I’ll never be able to fully express the impact the anonymous class exercise of sharing our law school concerns had on me. It completely changed my sense of belonging and outlook on law school for the better.”

Several themes emerged from these initial discussions, and we found that many struggles in law school were shared among first-, second-, and third-year students. For example, many students felt that they didn’t measure up to the “right” law student profile, and several discussed facing an atmosphere of hostile competitiveness. However, our students also expressed “pluralistic ignorance” in their responses—an experience similar to imposter syndrome in which someone mistakenly feels that they are the only one struggling.

Many of the responses echoed features or ‘symptoms’ of a “fixed mindset”— believing that one has a fixed amount of intelligence or talent, and that there is no opportunity for change or growth. Researchers have found that a fixed mindset approach to learning can lead to unproductive competition, uncertainty about belonging to a community or institution (e.g., law school), disengagement, discouragement, apathy, and quitting. In contrast, the adoption of a “growth” mindset—believing that one’s abilities can be developed and that everyone can grow and succeed—is associated with resilience, persistence, and greater abilities to adapt to new situations and deal with new challenges.

Early on in this project, considering students’ mindsets within a “growth” or “fixed” framework helped us to identify appropriate interventions and place students’ experiences in context. We have since learned, however, that this binary perspective is too limited to fully capture our students’ experiences, which involve the following: mindsets that relate to belonging or uncertainty around belonging; one’s sense of relevance and meaning; one’s identity and value in the world; and self-management and performance.

Belongingness Intervention

Our next step was to design a belongingness intervention aimed at fostering greater resilience and engagement in our students. Specifically, we sought to target factors that most powerfully impact students’ perceptions about their potential within the Pitt Law program. The most effective interventions address factors that include both internal qualities (e.g., beliefs, attributions) and external qualities (e.g., messages in the environment), especially when those interventions are tailored to a specific group.

We designed the interventions based on what we learned about the Pitt Law student experience and prior studies that have targeted belonging uncertainty in students from underrepresented populations. These interventions were found to influence performance and well-being long after the intervention was delivered. Our research revealed that, while some students did struggle with a fixed mindset about their potential and abilities, these beliefs did not seem to stem from their pre-existing experiences or backgrounds. Rather, students consistently brought up forces within the law school environment that shaped their beliefs about their potential and put their sense of belonging into question. Therefore, we created a customized intervention program that primarily addressed students’ uncertainties about belonging, while also addressing institutional elements that impacted their growth mindset.

Our Design

We intentionally incorporated the intervention into Pitt Law’s two-semester legal writing curriculum because the small class size, frequency of student contact hours, and opportunity for reflection make this course and the professors well suited for this work. We also planned the timing of the interventions to occur at the beginning of the second semester, after students received their first semester grades in law school and when their anxiety levels are high.

Because our study is the first to empirically test the efficacy of a belongingness intervention for law students, we wanted to compare different methods of delivery. Each course section was assigned to one of three conditions: an in-person version (conducted via Zoom during the pandemic) that involved group discussions facilitated by an expert or trained facilitator during class time, an online version that students completed independently, or a control/comparison group.

The in-person intervention involved group discussions led by Dr. Fotuhi and followed a predetermined structure. First, Dr. Fotuhi gave an introduction that normalized common challenges among students. He also emphasized that the law students were the current foremost experts on the law student experience, and that their highly valued insights would be used to help future students during their transition to law school—a sophisticated psychological strategy designed to reduce the defensive disengagement that often comes with serving “helpful” information to students in need. Second, Dr. Fotuhi gradually constructed an environment of disclosure, starting with an icebreaker to help students feel more comfortable sharing. Third, the students wrote down three good and three bad experiences from law school. They were then asked to share more about these experiences and what advice they would give to incoming students. During this elaboration portion, Dr. Fotuhi introduced language that humanized the student experience (e.g., the notion of ‘pluralistic ignorance’) and encouraged students to reframe their viewpoints from a different perspective. For example, in one session, a few students talked about how their own unique training and prior experiences did not align with what a typical or ideal Pitt Law student might look like. Rather quickly, nearly all the students shared having had the same experience, which led to the realization that there is no one “right” profile for the typical Pitt law student. With this gained insight, the entire class seemed to have a collective sigh of relief as they realized that their uniqueness was actually a point of commonality with their peers.

The main difference in the online intervention is that students completed the exercise individually; however, we still wanted to emphasize the shared nature of experiences in law school while asking students to reflect on their own experiences. To this end, students read a set of anonymous responses from our initial focus groups and surveys, which described other law students’ experiences and struggles. Then, the students were asked to write a paragraph that reflected on their own experiences in law school.

Our Findings (Thus Far) & Future Directions

We evaluated the impact of the belongingness intervention and compared the two different methods of implementation (in-person versus online) with surveys distributed to law students at three time points in their first year: a baseline survey during orientation (August); a post-intervention survey at the start of their second semester (January); and a final follow-up survey at the end of the second semester (April). So far, we have analyzed the results of our interventions with three first-year cohorts (2019, 2020, and 2021) and are currently analyzing our 2022 cohort data.

In the baseline and post-intervention surveys, we asked students to talk about their experiences during the transition to law school. Students voiced concerns about time management, whether they would be able to keep up with the workload, (e.g., “making the adjustment to having constant work and stress”), and the competitive environment (e.g., “Law school is a game of who can do the most work without burning out”). Another common theme was feeling inferior to other students, which sometimes held them back in classes (e.g., “My constant worry is thinking I don’t compare to those who are here and how their experiences are better than mine. I am worried to raise my hand in class, afraid that I may say something dumb and be judged for it or will be forever labeled as ‘that girl’”).

A main goal of our belongingness intervention was to provide support to students during a critical period of law school—when they receive their first semester grades. The strong majority of students reported that they benefited from hearing other students’ stories and found similarities with their own experiences (e.g., “It showed that everyone faces difficulties at first. A lot of people said that with time, it gets better. This seems to be a generalized experience and is reassuring.”).

Despite qualitative reports that the intervention was impactful, it was difficult to identify stable effects of the intervention across the three cohorts using our quantitative measures. One potential reason for this is because the three cohorts had vastly different experiences due to the COVID-19 pandemic. Second, our measures may not have adequately probed the success of the interventions. Throughout this process, we have found that it is difficult to identify measures that capture the success of these interventions. Typically, mindset interventions result in subtle but meaningful changes in attitude over time, which may not be fully captured by quantitative measures in a survey. Additionally, retention rates at Pitt Law are generally high (with or without our interventions), so something like retention cannot be used as an effective measure of success. We also continuously modified our surveys in response to what we learned from students’ experiences, and the unique situations that our students were facing (e.g., changes to the grading curve at Pitt Law; the COVID-19 pandemic). These changes came at the cost of being able to track students’ responses to specific questions over time.

When collapsing the quantitative data across the three interventions, we found that self-reports of mental and physical health were quite low at the beginning of the second semester (around the time of the interventions, when students are getting their first semester grades), and further declined by the end of the second semester. These trends are quite concerning and validate the need to find interventions that successfully support students throughout law school. For the 2020 cohort, who faced the additional challenges of COVID-19 and online learning, we found that their beliefs about their ability to handle future challenges—an integral part of law school—declined throughout the second semester.

Despite the decline in mental and physical health that students self-reported, as the year progressed, our mindset survey data showed that students more strongly adopted a growth mindset (e.g., “​​You can grow your basic intelligence a lot in your lifetime”). This was a key goal of our belongingness intervention, and we were somewhat surprised to find that the control group also showed an increased growth mindset throughout their first year. Furthermore, although student’s individual growth mindset improved, their beliefs about the institution’s growth mindset worsened throughout the year; even if changes happen at the individual level, an institutional fixed mindset could impede progress.

Future Directions

Based on our conversations with law students and the results of our research, we remain convinced there is an extant need for change. It remains unclear whether our belongingness intervention is the ideal method. As previously discussed, one of our concerns is that our measures do not fully capture the success of our interventions. In the past year, using what we have learned from the first three rounds of data collection, we conducted a final test of our belongingness intervention. In this test, we changed the timing of our approach by implementing the intervention earlier in the first semester. Previously, we implemented the intervention during a period of great stress for students, when they were about to get their first semester grades; we are excited to learn whether adjusting the timing to occur earlier in the year—so that students have more time to adopt a growth mindset—has any impact. We do not expect to find that our intervention can solve all problems for all students—we may need to make considerable modifications (like continued interventions for the second- and third-year students) or adopt a new type of mindset intervention entirely.

Aside from an intervention for 1L students, we are actively engaged in facilitating other changes that can support students throughout their law school experience. We have recorded open-ended conversations with multiple Pitt Law students (2Ls, 3Ls, and recent graduates) about challenges they experienced in law school and how they overcame them. These conversations provided students with an opportunity to reflect upon their transition to law school and frame their experiences in terms of success. We plan to use these recordings to encourage student resilience—either distributed as part of a course curriculum or brief clips that are distributed at significant times throughout the school year (e.g., orientation, when students receive grades, when students are in the process of applying for summer positions). We have also begun conducting more interviews with faculty to convey that they should be first and foremost concerned with supporting students.

There must also be change at the institution level. Last year, we worked with 2L and 3L students to analyze students’ perspectives about the grading curve. A strong majority (74%) of students were in support of abolishing the mandatory curve—many students reported that the imposed curve had negative effects on their mental health and motivation, and that it contributed to a culture of hostile competitiveness. The administration, when made aware of the students’ perspective, brought the students’ concerns to the faculty, who subsequently replaced the mandatory curve with a more equitable grading policy based on a suggested mean. In our most recent survey, we found that among 1L students, support for abolishing the curve was negatively correlated with feeling a sense of belonging within the law school community and beliefs about one’s ability to handle future challenges and keep up with work demands. Not only do these findings echo our concerns about how institutions themselves can influence students’ mindsets, but we also found that students with a stronger individual growth mindset were more in favor of abolishing the curve.

This year, we received a grant to begin expanding our work with faculty. We recently conducted our first workshop with Pitt Law faculty in which we introduced the concept of belonging, growth mindsets, and how to make changes in the classroom to create an environment that fosters a sense of belonging, resilience, and engagement.

Recommendations & Final Conclusions

Over the past few years, we have learned an incredible amount from simply asking students about the challenges and struggles that they face in law school. Our hope is that other law schools and professional programs start to adopt similar programs and initiatives in their own spaces. Asking students about their experiences—instead of guessing—will reveal unexpected concerns and opportunities for growth within a program.

We encourage any interested institutions to reach out to us—we are happy to share what we have learned and are eager to collaborate with other schools. Given the novelty of this work, establishing a consortium or collective of interested programs will be instrumental in sharing resources and findings. As more schools join our efforts, our knowledge about effective interventions and policies will continue to grow. Furthermore, conducting research in professional programs is inherently difficult because of limited sample sizes; coordinating our efforts and sharing data will improve our efforts to understand and improve the graduate student experience.

More generally, we hope that this work encourages a student-focused approach to improving their experiences in professional and graduate programs. The student will always be the leading expert regarding the student experience—their insight has proven invaluable throughout our project. Additionally, we caution that these conversations with students should be ongoing over the years, and similar endeavors must be dynamic and adapt to the changing needs of students.

If you are interested in collaborating with us or have questions about our work, please email Ann Sinsheimer at ans24@pitt.edu.

[i] This work is explained in part in Ann Sinsheimer & Omid Fotuhi, Listening to Our Students: Fostering Resilience and Engagement to Promote Culture Change in Legal Education, 26 Legal Writing 81 (2022).

From Left to Right: Dr. Omid Fotuhi, Dr. Ann Sinsheimer,
Professor Andrele St. Val, Senior Data Scientist Ciara Willett
Barbara Glesner FInes

The Curse of Coverage and Professional Identity Formation

By: Barbara Glesner Fines, Dean and Rubey M. Hulen Professor of Law, UMKC School of Law

In any conversation about integrating greater opportunity for professional identity formation pedagogy into the curriculum, particularly when suggesting that this be part of the required doctrinal curriculum, one will hear an objection that there is no room.[i]  For many doctrinal teachers, incorporating professional identity formation opportunities or focus into classes would require sacrificing critical doctrinal content and analytical skills.  The pressures toward coverage as a course goal are not insubstantial.  Textbooks grow exponentially each year, reflecting the growing breadth of the law and legal resources.  If a faculty member assigns only a small portion of a textbook, or their syllabus identifies far fewer topics than those contained in the syllabi of other professors teaching the same course, then students feel cheated. The “mile-wide, inch-thick” bar exam looms over all.

The pressures toward broad coverage of doctrine as the primary goal of course design are premised on a number of false premises about student learning.  First, faculty presume that coverage means learning, when research tells us that more content does not mean more learning. “If learning is to endure in a flexible, adaptable way for future use, coverage cannot work.  It leaves us with only easily confused or easily forgotten facts, definitions, and formulas to plug into rigid questions that look just like the ones covered.”[ii]  Research in undergraduate programs and medical schools confirms that more content does not lead to more learning.  Deep learning requires context, repetition, application, and reflection.  For this reason, experts in course design emphasize focusing on “the big questions” or the “hard parts” of a course, so that students can master not only a doctrinal subject but also an approach to learning that subject that will support their lifelong learning.

Second, faculty presume that professional identity formation opportunities are disconnected from knowledge and skills, rather than providing the critical context that motivates and supports deep learning.  Quite the opposite is true.  Students approach their subject-matter study with much greater engagement and a broader lens when they are asked to do the following: (1) consider themselves in the role of attorney in applying a particular doctrine; (2) examine how the law impacted the individual clients in the cases they are studying; or (3) reflect on how the values brought forth in the classroom discussions comport with their own personal values and experience.

Third, faculty presume that the classroom is the primary locus of learning, when even the American Bar Association’s definition of a credit hour recognizes that most of a student’s learning occurs outside of class.  Classroom time is only one-third of the time students devote to any given subject.  Many faculty are coming to realize that this precious time in which students are together in the classroom is squandered if the opportunities for discussion, debate, and practice are spent on lectures (even if interspersed with question prompts) designed to cover content.  Even before the pandemic disrupted pedagogies, faculty had discovered the possibilities of a flipped classroom – providing lectures and efficient delivery of knowledge transfer outside of class and using class time to focus on development of skills and perspectives.  Faculty can then more easily take a small but significant further step to ensure that a frame for these exercises is the student’s own development as a professional.

So how do we exorcise the curse of coverage and make room for opportunities for professional identity formation in the classroom?  We do so by questioning the assumptions that more content is critical to learning and instead focusing on the big questions, marrying professional formation with knowledge and skill development, and finding more efficient ways to deliver content instruction outside of class so as to engage students more fully in the classroom.  Please reach out to me at bglesnerfines@umkc.edu if you have any questions or comments.

[i] This piece is excerpted from The Curse of Coverage and Professional Identity Formation, U. St. Thomas L. Rev. (Forthcoming 2023).

[ii] Grant P. Wiggins & Jay McTighe, Understanding By Design 46 (2nd ed. 2005)(Lee Shulman, Taking Learning Seriously, 31(4) Change 10, 12 (July/August 1999).)


Barbara Glesner Fines is
the Dean and Rubey M. Hulen
Professor of Law at the
University of Missouri-Kansas City
School of Law.
David Grenardo

How Law Students of Faith Can Respond to Imposter Syndrome

By: David A. Grenardo, Professor of Law and Associate Director of the Holloran Center for Ethical Leadership in the Professions, University of St. Thomas School of Law

Imposter syndrome can impede a law student’s (and lawyer’s) ability to develop their professional identity. Several legal scholars acknowledge that an aspect of one’s professional identity includes their spiritual or religious beliefs and/or their faith tradition.[1] The Notre Dame Journal of Law, Ethics & Public Policy recently published How A Person of Faith Can Address Imposter Syndrome in Law School on its Considerations blog. The short article briefly discusses the prevalence of imposter syndrome in law school, and it provides a number of ways that a law student of faith can address imposter syndrome.

Should you have any questions or comments about this post, please email me at gren2380@stthomas.edu.

David Grenardo is a Professor of Law and Associate Director of the Holloran Center for Ethical Leadership in the Professions at the University of St. Thomas School of Law.

[1] See, e.g., Isabelle R. Gunning, Lawyers of All Faiths: Constructing Professional Identity and Finding Common Ground, 39 J. LEGAL PROF. 231, 269 (2015); Neil W. Hamilton et al., Empirical Evidence That Legal Education Can Foster Student Professionalism/Professional Formation to Become an Effective Lawyer, 10 U. St. Thomas L.J. 11, 29 (2012); Robert K. Vischer, Moral Engagement Without the ”Moral Law”: A Post Canons View of Attorneys’ Moral Accountability, 2008 J. Prof. Law. 213, 232 (2008).

Christopher Corts

Know Yourself, Learn Your Audience: Professional Identity Formation and Audience-Awareness in the 1L Legal Writing Classroom

By: Christopher Corts, Professor of Law, Legal Practice, University of Richmond School of Law

Teaching legal writing to 1Ls provides endless opportunities to help students grow their way through the stage-development process of professional identity formation. As students learn how to write in a way that effectively educates and persuades an audience of lawyers and judges, they learn important information about the particular skills, competencies, attitudes, and values they will need to develop if they are to successfully become the kinds of lawyers that employers want and society needs—the kind of lawyers they hope to be, in other words.

For today’s posting, I want to share a PIF-informed exercise I have developed in my Legal Analysis & Writing class. I will try to present it in a way that invites your own tinkering and innovation.

If you share my conviction that education toward professional identity formation (PIF) ought to be integrated into other subjects being taught in the law school curriculum, this exercise can help you experiment with one way that transparently PIF-focused education can help Fall Semester Legal Analysis & Writing students learn more about two of the primary audiences they will be writing documents for during both semesters of a 1L legal writing course: lawyers and judges.

In the opening weeks of a first-year legal analysis and writing course, legal writing professors have a unique opportunity to seamlessly integrate professional identity formation into their legal writing curriculum. As explained below, professional identity formation instruction can help legal writing professors achieve core goals in the legal writing curriculum. By introducing students to core legal writing concepts, language, and skills that students will need to succeed in the short-term (in the writing course), students will learn invaluable information about the kinds of skills, competencies, attitudes, and values that they will need to thrive as professionals in the long-term, in their hopefully-long careers as lawyers who analyze and write to help clients solve legal problems.

In the paragraphs that follow, I will attempt to briefly share what I have learned about how to integrate core analysis and writing objectives with professional identity formation-relevant content early in the 1L legal writing curriculum. To help facilitate your own experimentation, I will share the following:

(1) learning objectives to share with students;

(2) instructional resources that are useful for completing the unit of instruction;

and

(3) an instructional sequence you can use to execute the published objectives.

An appreciation for learning in context[i] is a core feature of any skills-based class. As professors of legal writing, we are lawyers who teach 1Ls early (and often) in their process of professional identity formation. We are uniquely positioned to introduce our students to two threshold questions from the very start of our writing courses. These two questions are familiar features of any professional communication course:

Who is your audience?  

What is your purpose for writing to them?

In the context of the opening weeks of a required 1L writing class, these two critical questions require students to do something nearly impossible for novices to do: imagine what it is like to actually be a lawyer, working in context, with limited (or possibly no) direct observation or experience.

Whatever 1Ls may come to law school knowing about the profession, even when they have practiced law in another country prior to enrolling in an American law school, this fact remains: no 1L has ever yet worked as a lawyer licensed by a jurisdiction in the American legal system.

As instructors, we know that, even as legal interns or summer associates, our students will be expected to complete core lawyering tasks in the same way that veterans of the profession complete them: in the context of a role-based, frequently-adversarial system that is populated by a range of familiar types. Whether our students’ future bosses prove to be some combination of happy, cranky, nurturing, or antagonistic, in the American legal system, all lawyers of every kind must figure out how to thrive in a stressful, unpredictable, ever-changing, perpetually time-deprived, chronically stressed-out, unapologetically-perfectionistic, hyper-achieving culture that defines us as a collective (and as individuals, if we are not intentional and careful). For better or worse.

Several years ago, wanting to give more intentional instruction about the context of lawyering earlier in my legal writing course, I started experimenting with offering a short unit of professional identity formation-style instruction during the first week of the course. I designed it to help legal analysis and writing novices do two foundational things: (1) learn about their audience (lawyers); and (2) learn how to write a simple C-R-A-C.

In the paragraphs that follow, having learned from trial and error, I will share three resources I have developed in order to help you experiment with your own version of this exercise in your legal writing class: (1) learning objectives; (2) instructional resources; and (3) an instructional sequence.

Part 1: Learning Objectives

This exercise uses conventional professional identity formation-related resources in order to achieve five learning objectives that are directly related to success in a legal analysis and writing course. Here is how I articulate the learning objectives for my students.

———————————————————————–

This short unit of instruction is designed to help familiarize you with one of every lawyer’s most frequent audiences: other lawyers. By completing this unit of instruction, you will more fully appreciate the people to whom you will be frequently writing in this course—lawyers and judges. The more you appreciate about them, the more you will understand how you need to learn, grow, and change over the next three years.

Specifically, completing this exercise will help you:

    • identify the features that help to demarcate law as a “profession”;
    • identify some of the issues related to quality, equity, well-being, and the delivery of legal services that all lawyers are professionally obligated to address as part of our duty to maintain the health and integrity of the profession and society’s system of legal justice;
    • identify some of the skills, values, and competencies that data suggests are most relevant to legal practice in America;[ii]
    • assess your own proficiency at the skills and competencies that data suggests are most relevant to legal practice in America; and
    • use your own self-assessment to practice writing a simple argument in the C-R-A-C form that is familiar to all lawyers, and which helps to distinguish legal arguments as belonging to a particular genre or type.

———————————————————————–

Notice: the final learning objective adds an additional layer of legal writing-specific instruction to the exercise. It helps to more seamlessly embed “professional identify formation”-style content and also justify it for especially literal-minded students who are expecting instruction relevant to Legal Analysis and Writing (or whatever your course may be titled).

In my experience, students embrace the purposeful design of the exercise. They have even enjoyed it; rare is the 1L who does not appreciate an opportunity to start a new educational initiative by thinking about herself! And it helps to teach students that professional identity formation can be easily integrated into a first-year legal analysis and writing course. All students can be assured that they will be learning about the skills most relevant to successful work as a professional by learning two of the skills most relevant to success in this course: (a) knowing your audience; and (b) expressing an argument that adheres to a simple IRAC / CRAC form in an audience-sensitive way.

Part 2. Instructional Resources

To achieve the learning objectives identified above, I draw from several resources:

A.  Excerpts from historical, first-person accounts of what it means to “be a lawyer”—especially those written by lawyers from historically-marginalized communities;[iii]

B.  Information about the history of the profession,[iv] professionalism, professional oaths, and other legal writing-specific educational content[v] published by state bar associations[vi];

C.  The “Profile of the Profession” data[vii] that is published annually by the American Bar Association; and

D.  Data about the skills, values, and competencies most relevant to legal practice.[viii]

In endnotes referenced above, I have identified particular texts and resources I have used through the years. But I have tried to describe the four general categories of instruction that I have tried to include. Collectively, these different categories help to capture what it means to be a professional and what it means to be a lawyer, specifically. And what skills, values, and competencies lawyers in America value in themselves and expect of other lawyers, given the particular needs of clients. There are a wealth of resources you can draw from. New resources are being updated and made available all the time. Experimentation is encouraged!

Part 3. The Instructional Sequence

Putting all of this together, the instructional sequence looks something like this:

  1. Preparation for class. Prior to class, I assign foundational homework to prepare students to complete the instructional sequence. The homework is usually some intentionally-curated combination of readings excerpted from suggestions I provided in end notes to Instructional Resources A. and B. in Part 2 above.Because I will be asking the students to write an IRAC / CRAC for the first time, I also assign a brief written introduction to IRAC / CRAC. I use an excerpt from the textbook I have adopted for my course[ix], but many other resources – including short videos published online – are easily accessible and can achieve the same purpose.
  2. In-Class Lecture and Work. During class, I deliver a lecture (with visual illustrations) that briefly introduces students to three topics:
    • (i) the most recent “Profile of the Profession” data published annually by the American Bar Association (as described in letter C. in the list of Instructional Resources provided in Part 2 above);
    • (ii) scholarship and data related to the professional skills, values, and competencies that are most relevant to legal practice (as described in letter D. in the list of Instructional Resources provided in Part 2 above);
    • (iii) the significance IRAC / CRAC in legal analysis and writing.
  3. Homework. After class, I have students complete two exercises, which they finish on their own time as homework following class.
    • First, they should complete a brief self-assessment exercise that asks students to rate and justify their proficiency in the skills and competencies covered in the readings and lecture (#1 & #2 above).
    • Second, when they have created that self-assessment exercise, they should complete an exercise that asks them to use the simple CRAC form to argue that they will make an effective lawyer based upon their ability to articulate a minimally-competent level of proficiency for three of the lawyer-competencies identified in the self-assessment exercise.For example, a simple C-R-A-C-style paragraph could mirror this form (with each student filling out the bracketed information based upon her assessment):

I believe I will make an effective Lawyer.[x] An effective lawyer is someone who can competently perform three or more skills that data suggests lawyers need for effective practice.[xi] Currently, I am at least minimally competent at doing [list 3 skills[xii] from the self-assessment tool that you can currently perform with at least a minimal level of proficiency].[xiii] For example, [here, in a series of short sentences, list each of the justifications you gave for the proficiency rating you assigned yourself for each of the three competencies you identified in the previous sentence.] In all these ways, since I have demonstrated I am at least minimally competent at doing [list again the three competencies selected above], I believe I will make an effective lawyer.[xiv]

    • Third, I collect the self-assessment instruments and the simple C-R-A-C. I do not mark, comment upon, or grade the self-assessment instrument. I do assess and provide detailed feedback – but not a grade – on the simple C-R-A-C paragraph. But when I assess it, I am only commenting on the correct form—whether they effectively wrote each component of the C-R-A-C acronym in that sequence.
    • Fourth, much later in the year, during the final class in Spring, I distribute the self-assessment exercise completed in Fall and ask students to read it, reflect on everything that has happened in the 1L year since the start of the Fall semester (when we completed the exercise), and update it. By asking students to complete the exercise again, they are able to make it current with any new experiences that they might have gained during the 1L year. By using this exercise to effectively book-end the 1L year in my course, I am able to help students appreciate the iterative process of self-reflection that will be key to lifelong learning in the profession. (Lifelong learning is a core lawyering skill!) This approach captures the stage-development process that I understand to be a hallmark of the professional identity formation process.

If you have any questions about how to plan or implement this exercise, or if you would like to share with me your own exercises or experiences doing comparable activities in the context of your course, please email me at ccorts@richmond.edu.

Christopher Corts is Professor of Law and Legal Practice at the University of Richmond School of Law.

[i] “There may be better and worse ways to learn to solve problems, but there appears to be no substitute for context. ” Gary L. Blasi, What Lawyers Know: Lawyering Expertise, Cognitive Science, and the Functions of Theory, 45 J. LEGAL EDUC. 313, 386-87(1995).

[ii] Whereas instruction designed for “professional identity formation” might emphasize education about professional culture as part of a process of indoctrination and enculturation, in the legal writing classroom, context is important for more discipline-specific reasons: because it can help students learn how to identify, research, analyze, and solve legal problems in order to write or verbally communicate coherent solutions for diverse audiences situated within that professional context. “There may be better and worse ways to learn to solve problems, but there appears to be no substitute for context.” Gary L. Blasi, What Lawyers Know: Lawyering Expertise, Cognitive Science, and the Functions of Theory, 45 J. LEGAL EDUC. 313, 386-87(1995).  

[iii] See, e.g., Virginia Drachman, “Women Lawyers and the Origins of Professional Identity in America: The Letters of the Equity Club, 1887 to 1890,” (Ann Arbor, MI: University of Michigan Press, 1993). See also Constance Baker Motley, Equal Justice Under Law, (Farrar, Strauss, and Giroux 1998).

[iv] To give one example: in the past I have used excerpts from Anton Chroust’s two-volume history of the profession, The Rise of the Legal Profession in America (1965). Of course, more contemporary histories are easily available (and probably more easily accessible to readers!) in a shorter form: articles, excerpts from professional responsibility textbooks, etc. My goal is to provide a short excerpt that helps the reader understand what it means to be “a profession” (as opposed to some other career) and what marks “legal professionals” as “professionals” in a sociological sense.

[v] See, e.g., The Supreme Court of Ohio Commission on Professionalism, “Professionalism Do’s and Don’t’s: Legal Writing,” accessible online at https://www.supremecourt.ohio.gov/Publications/AttySvcs/legalWriting.pdf.

[vi] To give one compelling example, the state of Ohio publishes a number of professionalism resources that can introduce law students to the values and ideals of the profession—including some specific to legal writing. See, e.g., “Professional Ideals for Ohio Lawyers and Judges,” accessible online at https://www.uakron.edu/law/docs/proIdeals.pdf. See also The Supreme Court of Ohio Commission on Professionalism, “Professionalism Do’s and Don’t’s: Legal Writing,” accessible online at https://www.supremecourt.ohio.gov/Publications/AttySvcs/legalWriting.pdf.

[vii] The ABA maintains an interactive website that houses all of the data. See http://www.abalegalprofile.com.

[viii] There are an ever-increasing number of resources you could use to help craft this exercise. In the past, I have found the IAALS “Foundations for Practice” webpage to be a sensible place to start. See https://iaals.du.edu/projects/foundations-practice. To read the original report, see Alli Gerkman and Logan Cornett, “Foundations for Practice: The Whole Lawyer and the Character Quotient” (2016), accessible online at https://iaals.du.edu/publications/foundations-practice-whole-lawyer-and-character-quotient.  Allyson Carrel and Cat Moon have innovated an “agile competency model for the modern legal professional” called “Design Your Delta,” accessible online at https://www.designyourdelta.com/about. For a thoughtful, scholarly approach, see also Neil Hamilton, “Empirical Research on the Core Competencies Needed to Practice Law: What Do Clients, Lawyers, New Lawyers, and Legal Employers Tell Us?,” The Bar Examiner 6-16 (September 2014).

[ix] Jill Barton and Rachel Smith, “Handbook for the New Legal Writer,” Aspen Publishing, (2d ed., 2019).

[x] This first sentence is a CONCLUSION.

[xi] This second sentence is a RULE.

[xii] Do not worry about the arbitrariness of this rule selection for now. Later in the course, as we learn more about hierarchies of authority, we will learn how to synthesize binding and persuasive rules that are less arbitrary—and more compelling to our reader—than this crude rule. For now, we just need to pick three competencies so we can create a rule and practice articulating a simple, coherent argument in a recognizable C-R-A-C form our reader will expect.

[xiii] This third sentence provides ANALYSIS of the rule; it applies the three competencies above to your self-assessment. The next sentence provides justification for the way you are here applying the rule; it is part of your ANALYSIS, too, because it helps the reader understand your rationale for concluding that you will make an effective lawyer given the rule (that data suggests the three named competencies are relevant to effective lawyering).

[xiv] This is your final CONCLUSION.

Linda Sugin

Does Law School Have to Suck?

By: Linda Sugin, Professor of Law & Faculty Director for the Office of Professionalism, Fordham Law School

The three-part series published in the National Law Journal, “Does Law School Have to Suck?,” analyzes seven reasons why law students are unhappy.  In the series, I also propose changes that law schools and the legal profession should adopt to transform the student experience by reforming curriculum, assessment, hiring, and financing.  The solutions advocated reflect two major themes – creating inclusive and supportive communities and individuating the development of professional identity for law students.  These reforms would improve learning and help students build a wider range of capabilities necessary for professional success and satisfaction.

Here is a link to the three-part series published in the National Law Journal on March 30, April 4, and April 6, 2023. Feel free to contact me at lsugin@fordham.edu with questions or comments.

Linda Sugin is Professor of Law & Faculty Director for the Office of Professionalism at Fordham Law School in New York.

Kendall Kerew

A Chat with ChatGPT: The Uniquely Human Aspects of Lawyering

By: Kendall L. Kerew, Associate Clinical Professor of Law and Director of Externships, Georgia State University College of Law; Holloran Center Fellow 

Last month, I had the privilege of participating in the 2023 Wake Forest Law Review Symposium: Leading Change in the Legal Profession.[1] I was part of a panel with Luke Bierman (Elon School of Law) and Maria Savasta-Kennedy (University of North Carolina School of Law) entitled, “Experiential Education and Lawyer Development.” Specifically, the panel “explore[d] the history of experiential education in law schools; the current status of experiential education in American legal education; and the role of experiential education, including clinics, externships, simulations, and more in shaping the professional identity of law students and lawyers.”[2]

Given the focus of the panel, my prepared remarks enumerated four reasons why experiential education should be central to how we teach law students now and in the future: 1) the requirement that law schools incorporate professional identity formation throughout the curriculum because learning while in the role of lawyer, where a student experiences the integration of knowledge, skills, and values, is particularly well-suited to examining one’s emerging professional identity;[3]  2) the requirement that law schools provide education on bias, cross-cultural competency, and racism because, for students in law clinics or field placements, one of the instances must occur before, concurrently with, or part of students’ enrollment in clinical or field placement courses;[4] 3) the development of the NextGen Bar Exam and efforts to ensure alternative pathways to licensure because the path forward is focused much less on rote memorization and more on the application of knowledge and skills;[5] and 4) the greater role artificial intelligence is likely to play in law practice because experiential education teaches lawyering skills that are uniquely human.

In this blog post, I want to focus on the last reason I posited for why experiential education is particularly relevant to the future of legal education: the greater role artificial intelligence is likely to play in law school and law practice. I am sure you have heard the news stories about ChatGPT writing passing answers to the bar exam and law school exams,[6] how ChatGPT can improve student legal writing,[7] how a judge used ChatGPT to write a ruling,[8]  and that ChatGPT may end up making lawyers obsolete.[9] Given all the attention ChatGPT has been getting, I thought it would be interesting to ask ChatGPT the following question and share it as part of my remarks:

What aspects of lawyering cannot be replaced by AI?

This was ChatGPT’s response:

There are several aspects of lawyering that cannot be replaced by AI, including:

Empathy and Emotional Intelligence: Lawyers need to understand their clients’ emotions and needs to provide effective legal advice. AI lacks the ability to comprehend and express emotions, making it difficult for it to replace the empathy and emotional intelligence needed in the legal profession.

Creativity and Critical Thinking: Lawyers often need to come up with creative solutions to complex legal problems. AI, while capable of analyzing vast amounts of data and generating insights, lacks the creativity and critical thinking skills needed to approach legal issues in novel and effective ways.

Advocacy and Persuasion: A significant part of a lawyer’s role involves advocating for their clients’ interests in court or in negotiations. This requires excellent communication skills, the ability to read and respond to non-verbal cues, and the art of persuasion. While AI can analyze and predict the outcome of legal disputes, it cannot advocate for a client in a courtroom.

Ethics and Professionalism: Lawyers are bound by strict ethical and professional standards, which require them to act in the best interests of their clients while upholding the rule of law. AI lacks the moral compass and judgment necessary to make ethical decisions, making it unsuitable for replacing the role of a lawyer.

Client Relationship Management: A lawyer’s success often depends on their ability to build and maintain strong relationships with their clients. AI lacks the ability to build rapport or provide personalized attention to clients, making it difficult to replace the human touch needed in client relationship management.

If you are reading this blog, you probably already knew this and felt secure in the future of our profession. Nonetheless, ChatGPT’s answer encompasses the very things we teach in experiential education and explore through professional identity formation. So for this blog post, I decided to ask ChatGPT a follow-up question:

Why is professional identity formation important to legal education?

This was ChatGPT’s response:

Professional identity formation is essential to legal education because it shapes how law students understand themselves as future lawyers and how they approach their legal careers. A strong professional identity helps students to develop a sense of purpose and a commitment to the values and ethics of the legal profession.

Here are some key reasons why professional identity formation is important to legal education:

Ethical and Professional Conduct: A strong professional identity helps students develop a sense of responsibility towards ethical and professional conduct, which is essential for the effective functioning of the legal system.

Career Satisfaction: By developing a strong professional identity, law students can better understand their strengths and interests, and align them with the legal career path that is most fulfilling to them.

Client Relationships: A strong professional identity can help students develop the skills and mindset needed to build strong relationships with clients based on trust, integrity, and empathy.

Effective Advocacy: Professional identity formation can help law students develop the skills and values needed to be effective advocates for their clients, while still maintaining their own sense of professional ethics.

Overall, professional identity formation is an essential component of legal education, as it helps students develop the knowledge, skills, and values needed to become competent and ethical lawyers.

This response, coupled with ChatGPT’s response to my initial question, reinforced what we already know: professional identity formation is uniquely human and a necessary component of preparing law students to become the lawyers of the future – lawyers who cannot be replaced by artificial intelligence.

Please feel free to reach out to me at kkerew@gsu.edu if you have any questions or comments.

[1] http://www.wakeforestlawreview.com/2023-symposium/.

[2] Id.

[3] See ABA Standards and Rules of Procedure for Approval of Law Schools 2022–2023, Standard 303(b)(3), https://www.americanbar.org/content/dam/aba/administrative/legal_education_and_admissions_to_the_bar/standards/2022-2023/2022-2023-standards-and-rules-of-procedure.pdf; Timothy W. Floyd & Kendall L. Kerew, Marking the Path from Law Student to Lawyer: Using Field Placement Courses to Facilitate the Deliberate Exploration of Professional Identity and Purpose, 68 Mercer L. Rev. 767, 790 (2017).

[4] See ABA Standards and Rules of Procedure for Approval of Law Schools 2022–2023, Standard 303(c), https://www.americanbar.org/content/dam/aba/administrative/legal_education_and_admissions_to_the_bar/standards/2022-2023/2022-2023-standards-and-rules-of-procedure.pdf.

[5] See About the NextGen Bar Exam, https://nextgenbarexam.ncbex.org/ (”Set to debut in July 2026, the NextGen Bar Exam will test on a broad range of foundational lawyering skills, utilizing a focused set of clearly identified fundamental legal concepts and principles needed in today’s practice of law.”).

[6] See Debra Cassesns Weiss, Latest version of ChatGPT aces bar exam with score nearing 90th Percentile, ABA Journal (March 16, 2023), https://www.abajournal.com/web/article/latest-version-of-chatgpt-aces-the-bar-exam-with-score-in-90th-percentile?utm_medium=email&utm_source=salesforce_642881&sc_sid=01075549&utm_campaign=weekly_email&promo=&utm_content=&additional4=&additional5=&sfmc_j=642881&sfmc_s=45062043&sfmc_l=1527&sfmc_jb=18001&sfmc_mid=100027443&sfmc_u=19035492.

[7] See Stephanie Francis Ward, Can ChatGPT help law students to write better? ABA Journal (March 6, 2023), https://www.abajournal.com/web/article/can-chatgpt-help-law-students-learn-to-write-better.

[8] See Columbian judge uses ChatGPT in ruling on child’s medical rights case, CBS News (Feb. 2, 2023), https://www.cbsnews.com/news/colombian-judge-uses-chatgpt-in-ruling-on-childs-medical-rights-case/.

[9] See Jenna Greene, Will ChatGPT make lawyers obsolete (Hint: be afraid), Reuters (Dec. 9, 2022), https://www.reuters.com/legal/transactional/will-chatgpt-make-lawyers-obsolete-hint-be-afraid-2022-12-09/.