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Upper-Level Course

Teaching “Reflection & Growth” Through Mindfulness

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

In this past year, I enjoyed some significant opportunities to advocate, negotiate, and study the new ABA standards. I return often to the text and context of the Standards and interpretations and consider how this language is challenging us in our critical roles in law schools today. In review, the comment to Standard 303 guides us:

The development of professional identity should involve an intentional exploration of the values, guiding principles, and well-being practices considered foundational to successful legal practice. Because developing a professional identity requires reflection and growth over time, students should have frequent opportunities for such development during each year of law school and in a variety of courses and co-curricular and professional development activities.(emphasis added).

How do we teach the foundational skills of ‘reflection and growth” as part of well-being practices in law school? One very significant contribution to answering this question is through the teaching of Mindfulness in law schools.

My colleague and friend Professor Scott Rogers has written a fabulous and important resource—The Mindful Law Student: A Mindfulness in Law Practice Guide. Scott serves as Lecturer in Law and Director of University of Miami School of Law’s Mindfulness in Law Program and Co-Director of the University of Miami’s Mindfulness Research and Practice Initiative. Scott is also a co-president of the national non-profit Mindfulness in Law Society. Scott has spent more than a decade collaborating on peer-reviewed neuroscience research assessing the efficacy of mindfulness training and shares a series of core practices that have been part of this research and are among those found in many well-respected mindfulness training programs. This Practice Guide was published in September by Edward Elgar publishing and is thus a very new tool in our toolbox for teaching mindfulness.

Overview: The Mindful Law Student

The Mindful Law Student is both profound and concise. The materials build upon Scott’s teaching at the University of Miami for the past 15 years. I have been blessed to have a “front row seat” and observe the evolution of Scott’s teaching from his first arrival at Miami Law. Having seen and heard many of his presentations over this time, I was tremendously impressed by Scott’s ability to pull together this complex body of work into such a focused and readable text.

The book is divided into three parts, each consisting of 5 chapters. The first part is called “Mindfulness Elements” and includes a discussion of Leadership, Attention, Relaxation, Awareness, and Mindfulness. This material is foundational and elucidates the relevance of this topic to every aspect of our personal and professional lives. Part II is “Mindfulness and You” and features specific strategies relating to Solitude, Connection, Self-Care, Movement, and Practice. As Scott tells us:

The chapters in Part II can be read in any order, and you may find them to be useful interludes that complement the readings in Part I.

(I will admit that I read them “in order” the first time but see the opportunities to return to them in different orders, and that this would be welcoming to students.)

Part III, Mindfulness Integrations, raises our awareness of the ways that Mindfulness can affect our lawyering in the areas of Listening, Negotiation, Judgment, Creativity, and Freedom. This section included some very significant “aha” moments for me. For example, in Chapter 11 on Listening, Scott talks about the tendency of lawyers (and physicians) to interrupt their clients and patients. He then offers very specific guidance on how to transition to a mindful listener. Chapter 12 on Negotiation highlights the value of mindful attention to understand better our counterparties and moving beyond self-centered thinking to productive negotiation strategies. Returning to our main theme of professional identity, Part III makes clear the integral role of a mindfulness and reflective practice in performing key elements of our work as lawyers.

Some Special Gems in The Mindful Law Student

Each chapter skillfully integrates scholarship and key teachings on Mindfulness with elements that make this particularly accessible to law students. For one, Scott features seven fictional, diverse law students who face academic and professional challenges and find a pathway for Mindfulness to assist each of them. Each chapter also includes some insightful visualizations and images that capture main concepts. As a visual learner myself, I find these images particularly captivating. Scott is most adept with his key “metaphors”—a reader of the book will quickly understand the images of the flashlight (of attention), the snow globe (of life’s confusing moments), the lightbulb (for awareness), and the spirals (of over-reaction). These images return throughout the book.

Most chapters introduce readers to a different mindfulness practice that connects to that chapter’s subject matter. A website for the book offers a series of 6-, 12-, and 18-minute versions of each practice, which students can also access via a free app. Scott provides access to practice scripts for those faculty who may wish to offer live guidance in class.

The text skillfully integrates the teachings of many great thinkers, from Rumi and Buddhist devotees to musicians like Herbie Hancock and Supertramp, from civil rights leaders like W. E. B. Du Bois to contemporary lawyers and judges who practice mindfulness.

The Mindful Law Student includes specific exercises and probing questions for meditation and self-reflection at the end of each chapter. Mindfulness requires practice and this is a practice guide. Each chapter also highlights key Trials and Takeaways, which are summaries of main concepts and areas for future work. Finally, each chapter has a concise but helpful list of references and resources for those who might want to dig deeper into any subject.

Chapter 14, “Creativity,” challenges the reader to connect with one’s creative soul through art and poetry. I felt the need to accept that challenge and take the “first step” on that “journey of a thousand miles.” The text discusses the Haiku structure, composed of three-line stanzas of 5, 7 and 5 syllables. I took the plunge, and so here I share my first mindful Haiku with you, inviting our readers to consider your own creative endeavors.

Haiku #1

Powerful Law profs

Changing the world mind by mind

Moment by moment

Guiding law students

Capable of breath, thoughts, dreams

The key: mindfulness

Reflective lawyers

Navigating this world with

Equanimity

Strategies for Using The Mindful Law Student

This Practice Guide can be integrated in a number of productive ways into the law school experience of teaching professional identity. Some options might include:

-A stand-alone course on Mindfulness. The fifteen chapters would be a successful outline of a weekly course dedicated to exploring the practice and applications of Mindfulness in the Law.

-The book, at just over 200 pages, could be on a recommended summer reading list for new law students, and then form the basis for well-being and orientation programming.

-The sections of the text that focus on listening, negotiation, judgment (and ethics), leadership, and creativity could be part of courses that focus on these particular skills, or included in law clinics, externships, or other experiential learning classes where these skills are taught.

As we explore new curricular options and models around professional identity in 1L and upper-level courses, consider whether The Mindful Law Student would be an appropriate addition to your curriculum.

For More Information:

Contact Elgar Publishing for a copy of The Mindful Law Student so that you can consider strategies for integrating this practice guide into your professional identity teaching.

www.themindfullawstudent.com

Other useful resources include:

Mindfulness in Law Society website:
https://www.mindfulnessinlawsociety.org/

UMindfulness at the University of Miami
https://umindfulness.as.miami.edu/

Mindfulness in Law Program at the University of Miami School of Law
https://www.law.miami.edu/academics/programs/mindfulness/index.html

Please feel free to reach out to me at jstearns@law.miami.edu if you have any questions or comments.

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

November 17, 2022 by hami3258

Leah Teague

“The Difference Makers”: Professional Identity of Lawyers in America

By: Leah Witcher Jackson Teague, Professor of Law & Director of Business Law Programs, Baylor Law School

As law schools consider suitable approaches to professional identity formation, insight can be found in applicants’ personal statements. Many aspiring law students express a desire to “make a difference.” Students enter our law schools committed to using their time, talent, and efforts as lawyers to make a difference in the lives of clients or in their community or to have an impact that ripples throughout society. They want to solve problems for individuals who are less fortunate or to positively impact a larger group for the “greater good.” Law school personnel applaud those intentions for we know that lawyers are difference makers. It is part of our professional identity and our obligation to society. Shouldn’t law schools strive to equip and inspire law students to be difference makers?

The Preamble to the ABA Model Rules for Professional Conduct provides instruction about the role of lawyers in America: “A lawyer is a representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice.” Lawyers have a special obligation to society as keepers of the rule of law and protectors of individual freedoms and rights. And as clients and organizations look to us for representation, guidance, and leadership, lawyers have the opportunity to address important issues that impact not only our nation but also the future of the legal profession. A law student’s journey to becoming an honorable member of this profession should include attention to these important issues and the role of lawyers in helping to secure our nation’s system of governance.

At Baylor Law, professional development and informal leadership development have always been woven into the education and training of every Baylor Law student. From the emphasis on service during the first day of orientation through our nationally-renowned third-year Practice Court program, Baylor Law faculty strive to develop individuals who will be prepared for the challenges of the legal profession and equipped to serve effectively. As a result, we proudly watch Baylor Lawyers serve their clients effectively and lead within the profession and throughout their communities.

In 2014, we implemented two programs to be more intentional about preparing our students to enter the profession as competent and prepared professionals who are ready to serve and lead. Both programs have been recognized by the ABA with its prestigious E. Smythe Gambrell Professionalism Award. In 2018, our Practice Ready Professional Development Program received the Gambrell award. This past August, Baylor Law’s innovative Leadership Development Program was honored with the recognition.

In future posts we will provide more details about recent changes to our professional identity formation efforts, including the expansion of our Professional Development Program. Through our required Professional Development Program, students must attend 21 professional development training sessions (60 to 90 minutes each). Some are mandatory, but most are not, giving students options from a wide variety of subjects. We offer between 6 and 10 sessions each of our four academic terms per year to provide students with a selection of topics that are aligned with their career aspirations.

Our Leadership Development Program focuses on professional competencies and skills that better prepare students for the challenges that await them after graduation and that better equip them for the important roles they will assume as they enter our noble profession. The objectives of the Leadership Development Program are to encourage and assist law students to:

Embrace their professional identity as they serve clients and society;
Develop competencies and skills to succeed; and
Boldly seek opportunities to make a difference in the profession, their communities, and the world.

We want to help them become their best self and reach their potential. Throughout their time at Baylor, we strive to introduce students to values-based professional development and leadership development concepts that provide the means to be more effective difference makers by helping them:

better understand their talents and shortcomings;
garner courage to make course corrections as appropriate;
improve their professional skills;
make decisions guided by ethics and values;
embrace failure as opportunities for growth;
value differences when working with others;
build stronger, productive working relationships with others;
think strategically and imagine possibilities;
prioritize wellness for themselves and others; and
seek to add value wherever they go.

Even before the new requirements in the amendments to ABA Standard 303(b) we sought to address the professional identity formation of our law students. The recent amendments provided an opportunity to consider further enhancements to our program. We look forward to sharing our progress with you in future posts.

Thanks to each of you for your good efforts! I know the work can be challenging and the progress dilatory, but I am so encouraged by all the consequential work occurring throughout legal education

For more information, please feel free to reach out to me at Leah_Teague@baylor.edu.

Leah Witcher Jackson Teague is the Professor of Law and Director of Business Law Programs at Baylor Law School.

November 10, 2022 by hami3258

David Grenardo

Creating an Upper-Level Course to Comply with the Revised ABA Standards

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 revised ABA standards mandate that law schools provide substantial opportunities for their law students to develop their professional identities. Prior to the revised standards, some schools had already created mandatory 1L classes that entail some type of professional identity formation. The Holloran Center’s website lists schools with their corresponding classes that include professional formation or professional development, and the Holloran Center continues to add syllabi for each of those classes. The classes range from 0 credits to 8 credits.

Before joining the University of St. Thomas School of Law, I created and taught an upper-level course that intentionally and explicitly introduced the concepts of professional identity and professional identity formation. The overwhelming response from the students who took the class was extremely positive.

After attending one of the Holloran Center’s workshops in 2016, I came back to my law school at the time (St. Mary’s University School of Law) on fire with a determination to create a course that introduced professional identity to students and allowed students to develop their professional identities. I drafted a course proposal and submitted it to the faculty committee, but the class failed to obtain a majority of the committee’s approval. The full faculty did not approve the proposed course.

Four years later, I had gained a more thorough understanding of professional identity formation and decided to design another professional identity formation course. In creating the class, I spoke with law students to hear what they thought would be useful and interesting. For instance, as St. Mary’s is a Catholic and Marianist law school, I wanted to incorporate some basic Catholic principles and concepts, such as the Catholic Social Teachings, and the origins of the Marianist Order, to help students discover how those concepts and information might be incorporated into their own approach to the law. The students thought that idea was good, but they strongly suggested that a survey of the major spiritual traditions would provide broader perspectives on how to approach life as an individual and a professional. As a result, I added an entire section to discuss the basic history and tenets of Judaism, Islam, Buddhism, Hinduism, Christianity, and secular spirituality. I also added a writing assignment in which students wrote about how two different faith traditions would approach a current legal issue. Adding this section resulted in three major effects:

1) students gained an appreciation of other spiritual traditions and examined how they could incorporate some of those traditions’ teachings into their own lives;

2) students learned about the vast similarities between the different faith traditions; and

3) learning about other types of spiritual traditions enhanced the students’ cross-cultural competency.

That writing assignment should also help students understand the different viewpoints that clients and team members may bring when they work with others. One student specifically mentioned that he had no idea how similar Islam and Catholicism are until he took this class, and he was disavowed of a number of negative stereotypes and misconceptions about Islam that were promulgated through movies he had seen.

The course description in the course proposal I submitted, which was approved by both the curriculum committee and later the faculty, stated the following:

Course Description:

This course enables law students to identify characteristics important to being good lawyers and characteristics employers of all kinds are looking for in graduating law students. Law students will also explore ethical and moral dilemmas through inter-faith discussions that will allow them to continue to develop their own moral compasses and professional identities. In particular, faculty and practitioners of different faith traditions and value systems (e.g., Catholic, Jewish, Buddhism, Muslim, atheism, etc.) will work through ethical and moral situations faced by lawyers and share how their particular faith or value-system affects their decision-making. Students will also examine how their own faith traditions, as well as the Catholic and Marianist traditions, apply to their own practice of law and to current legal issues today, such as women’s rights, LGBTQ+ issues, environmental justice, the death penalty, immigrant justice, racial injustice, and social justice. Finally, the class will encourage students to see the practice of law as a calling and their vocation, which will help in their search for meaningful employment that allows them to make a living, serve others, and find joy.

The grades were based entirely on papers regarding, among other things, reflections on what type of lawyers they wanted to be, how they would fulfill all of their vocations (e.g., as lawyer, spouse, sibling, daughter/son, friend) as professionals, and how they changed in law school for better and/or for worse. Several additional writing assignments, including drafting a eulogy for themselves (an exercise I borrowed from Neil Hamilton’s Ethical Leadership in Organizations class) and interviewing a lawyer about one of their dream jobs, are described in the edited syllabus for this class (see below).

I also invited a number of graduates to speak to the class. The guest speakers included a judge and lawyers who practiced in a variety of areas, such as Big Law and solo practitioners. After a couple of guest speakers talked about finishing near or at the top of the class, the class requested a speaker who did not finish near the top of the class yet enjoyed a successful legal career. I obliged, and the students truly appreciated that speaker and all of the speakers they heard.

The last day of class we went on a retreat off campus at Tecaboca, a retreat facility just outside of the city of San Antonio. During the four-hour retreat, we talked about the class, and I also gave them time to reflect on their own, with others, and ultimately write a letter to their future self in five years. We enjoyed lunch together as well. Some of the students said it was their most meaningful and memorable experience of law school. It was a moving and powerful experience for me, too, as I felt connected to these students and their professional identity development.

A common theme in the students’ reaction to the class was that the class should be mandatory for all students (although the experience/dynamic would be different if the class was required rather than elective). The law students expressed their appreciation and gratitude for the opportunity to engage in self-reflection and to explore what areas of law they would most enjoy and what would bring them joy during and after their legal careers.

Below is an edited syllabus of the class that does not include university and class policy language regarding attendance, laptops, accommodations, etc. The edited syllabus below is also attached here.

Should you have any questions or comments about the course, 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.

FOUNDATIONS OF LAWYERING SYLLABUS

LW7613 COURSE GOALS:

By the end of the course you will:

Understand that the legal profession is a vocation, identify your gifts and talents, and analyze the places where you likely fit into the legal profession based on your own talents and passion.
Understand the characteristics and traits that make up an excellent law student and lawyer, and analyze how you can improve in those areas.
Identify the ethical and moral dilemmas that you may face as a lawyer, and continue to develop your own moral compasses by analyzing how you would respond to those dilemmas.
Identify the key aspects of the Marianist origin and traditions, as well as your own faith tradition, and analyze how you can incorporate aspects of the Marianist origin and traditions and your own faith tradition into your life and career.
Understand the Catholic and Marianist traditions, particularly the Catholic Intellectual Tradition and Catholic Social Teachings, and apply those traditions and other faith traditions to your practice of law and to a current legal issue today such as women’s rights, LGBTQIA+ issues, environmental justice, the death penalty, immigrant justice, racial injustice, and social justice.

COURSE STRUCTURE:

The required text for this class is The Formation of Professional Identity: The Path From Student to Lawyer by Patrick Emery Longan, Daisy Hurst Floyd, and Timothy W. Floyd. Moreover, there will be classroom handouts and materials (many are listed below in the Assignments section) made available on Canvas that will supplement the source material.

READING ASSIGNMENTS AND PREPARATION:

Assignments

Unit I: Vocation and Professional Identity Formation

Class: Vocation
Readings: Susan J. Stabile, The Practice of Law as Response to God’s Call, 32 Seattle U. L. Rev. 389 (2009);
Pages 365-371, 391-395, and 400-403 from Jerry Organ, From Those to Whom Much Has Been Given, Much Is Expected: Vocation, Catholic Social Teaching, and the Culture of a Catholic Law School, 1 J. Cath. Soc. Thought 361 (2004)

Class: Exploring Vocation and Exemplary Law Student and Lawyer Characteristics
Reading: Neil Hamilton, Connecting Prospective Law Students’ Goals To The Competencies That Clients And Legal Employers Need To Achieve More Competent Graduates And Stronger Applicant Pools And Employment Outcomes, 9 St. Mary’s J. Legal Mal. & Ethics 260 (2019)

Class: Exploring Vocation and Exemplary Law Student and Lawyer Characteristics Continued
Readings: Lawrence S. Krieger & Kennon M. Sheldon, What Makes Lawyers Happy? A Data–Driven Prescription to Redefine Professional Success, 83 Geo. Wash. L. Rev. 554 (2015);
14 Questions from Neil W. Hamilton’s Roadmap: The Law Student’s Guide to Meaningful Employment, 2d ed., American Bar Association, 2018

Class: Professional Identity Formation, Introduction and Overview, Motivation
Reading: Excerpts from The Formation of Professional Identity: The Path from Student to Lawyer by Patrick Emery Longan, Daisy Hurst Floyd, and Timothy W. Floyd, 2020

Class: Professional Identity Formation, Competence, Fidelity to the Client
Reading: Excerpts from The Formation of Professional Identity: The Path from Student to Lawyer by Patrick Emery Longan, Daisy Hurst Floyd, and Timothy W. Floyd, 2020

Class: Professional Identity Formation, Fidelity to the Law, Public Spiritedness
Reading: Excerpts from The Formation of Professional Identity: The Path from Student to Lawyer by Patrick Emery Longan, Daisy Hurst Floyd, and Timothy W. Floyd, 2020

Class: Professional Identity Formation, Civility, Practical Wisdom, Future of Legal Profession
Reading: Excerpts from The Formation of Professional Identity: The Path from Student to Lawyer by Patrick Emery Longan, Daisy Hurst Floyd, and Timothy W. Floyd, 2020

Class: Interview with a Practicing Lawyer
Assignment: outside of class students will interview a lawyer or individual who has one of the law student’s dream jobs

Unit II: Learning From the Wisdom Traditions

Class: Jewish Spirituality
Reading: Spirituality: A Guide for the Perplexed by Philip Sheldrake

Class: Christian Spirituality

Reading: Spirituality: A Guide for the Perplexed by Philip Sheldrake

Class: Muslim Spirituality
Reading: Spirituality: A Guide for the Perplexed by Philip Sheldrake

Class: Hindu Spirituality

Reading: Spirituality: A Guide for the Perplexed by Philip Sheldrake

Class: Buddhist Spirituality
Reading: Spirituality: A Guide for the Perplexed by Philip Sheldrake

Class: Secular Spirituality
Reading: Spirituality: A Guide for the Perplexed by Philip Sheldrake

Unit III: Catholic & Marianist Traditions

Class: Introduction to the Catholic Intellectual Tradition
Readings: The Catholic Intellectual Tradition: Core Principles for the College or University, Association of Catholic Colleges and Universities, 2017;

The Catholic Intellectual Tradition: A Conversation at Boston College, 2010;

Pages 403-412 from John M. Breen, Justice and Legal Education: A Critique, 36 Loy. U. Chi. L.J. 383 (2005)

Class: Catholic Social Teaching
Reading: Pages 113-165 from SJ Thomas Massaro, Living Justice: Catholic Social Teaching in Action, 2000

Class: Introduction to the Marianist Tradition
Reading: Excerpts from John Habjan, S.M., Society of Mary: Marianists, Catholic Education: A Journal of Inquiry and Practice, Vol. 11, No. 2, December 2007, 198-217, University of Notre Dame

Class: Marianists and Higher Education
Reading: Characteristics of Marianist Universities, Association of Marianist Universities, Chaminade University, St. Mary’s University, University of Dayton, 2019;

Reading: David A. Grenardo, Marianist Law Schools: Demonstrating the Courage to be Catholic, 60 J. Cath. Legal Stud. (2022 Forthcoming)

Class: Retreat
Reading: Excerpts from William L. Droel, The Spirituality of Work: Lawyers, 1989

GRADES:

Final grades will be based on the completion of journal entries (70%), a short paper regarding a current legal topic analyzed through faith tradition (15%), and a eulogy (15%). Grades can also be increased or decreased as set forth above.

Journal Entries (70%):

Students are required to submit journal entries throughout the semester as requested by the professor. I will give you ample time to submit each entry. These journal entries will be treated confidentially.

Purpose. Journal entries are neither research assignments nor reports on the reading or what speakers said. They are designed to help each student reflect upon and integrate assigned readings and class discussions on a topic with her or his own faith and ethics. The impact of the presentation, readings, and discussions on the student’s pre-class view of the topic is important.

Content. Throughout the semester, the student will be responsible for journal entries that answer specific questions relating to the assigned readings, speaker presentations, and class discussions. Be sure to mention at least some of the readings in your journal entries.

One of the journal entries will be based on an interview you set up and conduct with an attorney or individual who currently has one of your dream jobs. Your journal entry will answer the following questions: How they reached their current position? What advice do they have for you to do the same? What is your plan to reach that position? The interview, which you must arrange and schedule, will take the place of a class period.

Grading. Journal entries must be between 600 and 750 words, typed and double spaced. Indicate word count on each journal entry. Even if you are absent for a class covering a particular journal topic, you still must submit a journal entry for that topic.

Short Paper Using Faith Traditions (15%):

This paper will include analysis of a current legal topic through the lens of multiple (2 or more) faith traditions. You must examine a current legal topic and analyze how it would be resolved through the lens of two or more faith traditions. Areas where current legal topics can be found are listed below, but this list is certainly not exhaustive.

Social Justice
Women and Justice
Economic Justice
Racial Justice
Environmental Justice
Orientation and Justice
“Consistent Life Ethic” Issues: Abortion, War, Death Penalty, Euthanasia

The paper must be between 750 and 1,000 words, typed and double spaced. This paper is due April 28^th.

Eulogy Assignment (15%):

Purpose. Stephen Covey, author of 7 Habits of Highly Effective People, advises each of us “to begin with the end in mind.” One method of doing so is to think through what you hope your eulogy might be. I hope you do not see this exercise as morbid. For a spiritual person, thinking about dying is simply thinking about what we must transcend with God’s help. If the eulogy exercise is too difficult for you, see the alternative below under Content.

Content. First, reflect on the eulogies you have heard in your lifetime. Which ones had the most profound impact on you? Why? Then ask yourself, “What I most want people to remember about me is _____. “ Or “At the end of my life, what I would like to know about myself is ________.” Next, does your eulogy reflect your values and principles? Is it clear to what you have given your heart in life?

If the eulogy exercise is too difficult for you, you can do this exercise by thinking about your life as a book, and you are writing chapters as you live your life. What is the theme of your book? What is the theme of the particular chapter you are living now? Write down the likely topics of the chapters you see ahead of you.

Also, speak with at least two people to discuss this assignment. One of them should be over 60 and retired. Ask them about their life in terms of how they would have answered the question above at your stage in life, and how they answer the question now at their stage of life. Have they changed their minds about what the “end” of their life should be? How do they describe “to what have I given my heart?” What is their legacy? What advice do they have about your legacy? You must include some reflection on what you find out from these interviews in your written eulogy.

Grading. The eulogy must be between 750 and 1,000 words, typed and double spaced. It will be treated confidentially. You will receive full credit for completing the assignment as stated above. Unsatisfactory work must be revised and resubmitted until it is acceptable to the professor. Indicate word count on the eulogy.

The Eulogy is also due April 28^th.

November 8, 2022 by hami3258

David Grenardo

Required Reading: Imposter Syndrome in the Legal Profession and an Exercise for Law Students

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

Professional identity formation, which involves teaching law students to recognize their responsibility to others, particularly clients, and encouraging students to develop the professional competencies of a practicing lawyer, has gained considerable prominence in the legal academy. The ABA revised its standards to require that all law schools provide substantial opportunities for law students to develop their professional identity.

Professional identity formation relies on students to identify the professional competencies they excel in currently and the competencies in which they need to improve, and they must work to develop those competencies. Part of that process requires an accurate self-understanding of who law students are. The imposter syndrome serves as a sinister force that threatens a law student’s ability to develop her professional identity and to succeed as a lawyer. The pervasiveness and negative effects of the imposter syndrome warrant that as law schools incorporate professional identity formation into their curriculum, they should address imposter syndrome with their students.

The University of Dayton Law Review recently published an article on imposter syndrome. Part I of the article briefly discusses professional identity and how it requires self-reflection and self-awareness. Part II explains imposter syndrome in general, and Part III examines imposter syndrome and its prevalence in the legal profession. Part IV provides practical, tangible ways for law schools, professors, and law students to tackle imposter syndrome. The article concludes that law schools should help law students facing imposter syndrome overcome it.

That fourteen-page article on imposter syndrome became part of the required readings for all 1Ls in a class I teach at the University of St. Thomas School of Law called Moral Reasoning for Lawyers, which introduces students to the concept of professional identity formation. The class is taught the week prior to the beginning of the fall semester for all law students.

Not only can law schools include this article in classes regarding professional identity formation, but they can also incorporate the article into any class. I did an exercise in my Contracts and Business Associations classes last year with the article. I posted the article on Canvas under Discussions with the following prompt:

“Please read the attached short law review article on the issue of imposter syndrome in law school and the legal profession.

Discuss any aspect of the article that stood out to you.

Click the reply button below to begin your post and also reply to at least two other posts.”

When I created the Discussion in Canvas, I checked the following boxes:

Canvas Selection Options for Discussions

One of the ways to help law students surmount imposter syndrome is to share their feelings about it with others, and I was blown away by the honesty, sincerity, and empathy that students demonstrated with the exercise when they shared their experiences and feelings with each other about imposter syndrome.

Since students could not see any posts before they published their first post, students who admitted they suffered from imposter syndrome in their initial post (which constituted an overwhelming majority of the students) often expressed relief, comradery, and bewilderment when they were able to read and post about how many of their classmates similarly revealed their own struggles with imposter syndrome.

The discussion consisted exclusively of understanding and encouraging posts. I recognize that the students knew I would be reading their posts, but the genuinely caring posts to and about each other went beyond my hopeful expectations for the exercise. Perhaps law students are more comfortable with sharing their feelings in e-discussions these days. Whatever the reason for the wonderful and community-building discussion, it served as a powerful exercise for the students.

Whether you decide to integrate imposter syndrome into the curriculum through a class (professional identity formation or otherwise), student and/or professor panels, or some other measure, all law schools should raise this issue to help law students conquer 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.

November 3, 2022 by hami3258

Eric Goldman, Laura Norris

Successful Outcomes from Santa Clara Law’s Tech Edge JD Experiment

By: Laura Norris, Associate Dean for Academic Affairs, Associate Clinical Professor, Director of the Tech Edge J.D., Co-Director of the High Tech Law Institute,
Santa Clara University School of Law

Eric Goldman, Associate Dean of Research, Professor of Law, Co-Director of the High Tech Law Institute, Santa Clara University School of Law

In 2018, Santa Clara Law launched an important new program called the Tech Edge JD (TEJD). It is a certificate for JD students with several design features centered around skill-building and professional identity formation. TEJD requires students to complete a series of milestones to give them the experiences employers expect Silicon Valley professionals to have. TEJD students get support from a faculty/staff advisor, two practitioner mentors, and the entire TEJD community.

TEJD has achieved some remarkable outcomes in its first four years. This blog post highlights three: improved admissions yield while increasing incoming LSAT score, increased racial diversity, and improved employment outcomes.

Incoming students apply to TEJD at the same time they apply to law school. Admission is discretionary based on supplemental essays and a video interview. LSAT/GPA isn’t part of the TEJD admissions criteria, but TEJD cohorts nevertheless have higher LSATs than their overall Santa Clara Law classes.

Despite the higher LSAT scores of incoming TEJD students, their yield has been 11-29% higher than the school’s overall admissions yield. This indicates that TEJD helps the law school compete for students with more choices.

Santa Clara Law is already a racially diverse law school, but TEJD has outperformed the law school’s racial diversity rates. This enhanced diversity may reflect the downplaying of LSAT/GPA in TEJD admissions decisions.

Though TEJD requires students to spend substantial time on activities outside the classroom to complete their milestones, this has not come at the expense of academic achievement. TEJD students have higher law school GPAs than the overall class, even on an LSAC-adjusted basis.

TEJD students have also had improved employment outcomes. The first cohort (graduating class of 2021) had 100% employment their 1L summer (most paid, some externships). That cohort had 80% employment on graduation (+40% compared to overall Santa Clara Law grads) and 100% employment 10 months later (+18%).

We think TEJD represents an important innovation in legal education with many potential lessons for the legal education industry. Our paper, “How Santa Clara Law’s “Tech Edge JD” Program Improves the School’s Admissions Yield, Diversity, & Employment Outcomes,” spills all of the details, including how the TEJD program is designed and what we think worked and what didn’t. The article also does the following: identifies what we think are the keys to TEJD’s success; discusses students’ self-identification during the application process, the pre-orientation TEJD orientation, and students’ professional identity formation early in their law school careers; and describes the extensive advisor/mentor support. The features of TEJD can be easily adopted by other schools, with or without replicating TEJD.

Should you have any questions about the TEJD program or if you would like to discuss how your school can adopt the program (or aspects of it), then please contact Dean Goldman at egoldman@gmail.com or Dean Norris at lnorris@scu.edu.

Laura Norris is the Associate Dean for Academic Affairs, Associate Clinical Professor, Director of the Tech Edge J.D., and Co-Director of the High Tech Law Institute at Santa Clara University School of Law.

Eric Goldman is the Associate Dean of Research, Professor of Law, and Co-Director of the High Tech Law Institute at Santa Clara University School of Law

October 18, 2022 by hami3258

Sarah Beznoska

Professional Identity Formation and First-Generation Law Students

By: Sarah Dylag Beznoska, Assistant Dean for Student and Career Services,
Cleveland-Marshall College of Law, Cleveland State University

It comes as no surprise to those of us who work with law students on first destinations and career paths that when the National Association for Law Placement (NALP) studied national employment statistics for the graduating class of 2020, it found that whether or not you are a first-generation law student impacts your career outcomes in the law.

NALP reported: “Overall, Class of 2020 continuing-generation JD students (graduates who have at least one parent or guardian with a JD degree) and continuing-generation college students (graduates who have at least one parent or guardian with a bachelor’s degree or higher, but whose parents/guardians all lack a JD degree) had a higher employment rate and were more likely to be employed in a bar passage required/anticipated job than their first-generation college student peers.”

The Law Student Survey of Student Engagement (LSSSE) also consistently highlights important disparities related to first-generation law students. From LSSSE, we know that first-generation law students bear more law school debt and face significant stressors related to debt. We know that “the amount of time that first-generation law students [spend] with peers and faculty outside of class [is] significantly less than non-first-generation law students.” LSSSE data has shown that first-generation students also participate in co-curricular opportunities at a lower rate that non-first-generation students, spend more time studying, and spend more time working to support themselves.

This data should be important to everyone in the legal industry, especially as we talk about diversifying our workplaces and our leadership. It is particularly important to me as someone who works in career services at an urban law school that serves a significant population of first-generation college and law students. To provide the best student and career services to our students, we are continually assessing our work through the viewpoint of first-generation students and making adjustments to provide better support.

This assessment can be done for professional identity formation (PIF) too. Understanding and accounting for the unique experiences noted above is critical to developing any comprehensive PIF plan. On the positive side of things, schools can leverage PIF to build belonging for first-generation students. At the same time, being mindful about the time constraints sometimes faced by first-generation students might inform the methods a school chooses for offering PIF opportunities.

First-Generation Students and Law School Culture: Professional Identity to Build Belonging

Belonging matters to law student success, and most especially to first-generation law students. The unique culture of law school and the legal industry can be a challenging adjustment even when someone has lawyers in their family. Without knowing any lawyers or having people already in their network to ask for help, first-generation law students can feel like outsiders from day one. (For some insights on the first-gen experience see: https://abaforlawstudents.com/2021/08/25/first-generation-law-student-challenges/ and https://abaforlawstudents.com/2020/01/01/how-to-thrive-as-a-first-generation-law-student/).

For this reason, I have sometimes been skeptical of the premise of professional identity formation that focuses on students moving from an “outsider” in the profession to an “insider” in the profession. As someone who was a first-generation law student myself (although I was not the first in my family to attend college), I know very personally that not having lawyers in my family or lawyers in my network impacted my law school experience in a negative way. From day one of law school, I internalized deeply that I did not belong and, although my law school trained me well on the doctrinal skills, I never once came to a place there where I felt like an “insider.”

It is because of this personal experience, however, and because of the commitment I have to making sure that first-generation students at the law school where I work never feel this same way, that – as much as I can be skeptical about the terminology of PIF – I think PIF can be leveraged to build more belonging. There are a variety of ways a school might use PIF to increase belonging. For example:

Self-Assessment and Industry-Focused Panels: having students complete self-assessment exercises allows them to identify strengths and values that they bring with them to the profession. Taking it a step further, once schools provide an opportunity for students to identify their strengths and values, schools can offer diverse panels of attorneys to demonstrate the varying skillsets that can make someone successful. Providing students with opportunities to know their own strengths and then to see those things in successful practitioners can help them to feel like there is a place in the law for them and who they are matters.
Mentoring: providing thoughtful mentoring opportunities allows students to feel less alone in their journey through law school. Schools can engage alumni, peers, faculty, and staff in formal and informal mentoring programs with students, giving them a broad set of people to whom they can turn for support. Consider, also, having faculty, staff, or alumni identify themselves to students as first-generation students, so that your first-generation cohort has examples of first-generation success stories.
Student Organizations: schools can support student leaders to create a robust community of student engagement and a space where students can connect with each other and feel less alone. Connecting student organizations to a school’s alumni network can be helpful and assisting student organizations with career-related programs can give students more opportunities to understand the variety of paths in the law.

These three things have worked for us as a starting point to increase belonging at Cleveland-Marshall College of Law. We start at day one when we dedicate a portion of our Orientation to professional identity. This Orientation program covers the essential eligibility requirements for the practice of law in Ohio and the 26 Lawyering Effectiveness Factors. More importantly, it includes diverse panel speakers who reflect on what these things mean in their practice, along with when and where they developed these skills.

We also require incoming law students to complete the Law Fit assessment, and we use those assessments with them in their meetings with career advisors. In addition, together with my team in Student and Career Services, we have built a one-on-one alumni mentor program and a one-on-one peer mentor program for every first-year student who enrolls with us. Later this Fall, we will offer a Storytelling event to our student body, in partnership with our First-Generation Law Student Association, focusing on things like times when we and they have felt imposter syndrome and why one’s personal story matters.

First-Generation Students and Time: Creating Meaningful Space for Students to Reflect

One of the foundational concepts behind PIF is reflective thinking and opportunities for reflective exercises to help students understand their values, the values of the profession, and the competencies required to be a successful lawyer. Reflection, in turn, requires time and space that are carved out to allow specifically for it. Time is a valuable resource for all students, but especially for first-generation law students. Therefore, PIF plans must be mindful of these time constraints.

There are a lot of reasons why first-generation students might not have time for PIF. For example, if they are working significant hours outside of the law school in legal or especially in non-legal jobs to support themselves, if they face family or personal expectations or obligations (especially from family members or personal connections who are unfamiliar with the legal industry), if they are trying to plan the logistics of taking two months off (unpaid and without benefits) after graduation to study for the bar exam, or if they are de-railed by a financial, health, or other crisis without social capital or resources to support them. In the optional space of Student and Career Services, when we support students with challenges like these, there is sometimes precious little time or energy available to ask students to reflect on how a chosen work or academic experience contributes to their professional identity.

Worse, when I see my first-generation students struggling with time, I worry that PIF will feel to them like optional engagement that is only possible for those law students who are supported by deep family resources or who are not struggling with other life priorities. I also worry whether they will trust me if I ask them to add to their already overflowing plates the additional work required by PIF. Notably, I believe these students are frequently already very self-directed learners, but they are people with clear and important demands on their time that often do not leave room for any optional piece of the law school curriculum.

For this reason – to bring all students along in PIF – schools must be creative about how and when to include PIF in the law school experience, and be respectful of the time constraints students might face, depending on their circumstances.

Bring PIF to Students: one option, of course, is to build into the existing curriculum opportunities for reflection and discussions about professional identity. But, if that won’t work for your school/classroom, schools might consider inviting the career services team to stop by before or after classes to provide handouts or resources that are aligned with related career paths. Schools can emphasize the importance of related programming that is happening outside of the classroom and encourage students to make strategic decisions about which to attend. Schools can include in other required spaces – Orientation, graduation-required courses, student leader trainings – information about building lawyering skills. Schools can encourage students to work with academic advisors, staff, or alumni to create a plan that works for them, and schools can help those advisors, staff, and alumni to have the PIF information they need to be impactful.
Create a PIF-focused Course: changing the curriculum to include a new course is another option, and one that may or may not be a fit for a school. For better or worse, however, we know that in a world impacted by COVID, general student engagement in optional parts of the law school experience is significantly decreased. Add to that the time constraints we know our first-generation students face and we simply cannot wait for students to come to us. As I’ve learned from my colleagues in the undergraduate space, we are responsible for finding ways to go to them. One way to go to them is to create a credit-bearing course that will reward students for doing PIF work while creating a meaningful space for first-generation and other time-strapped students to include the work among their other priorities.

At Cleveland-Marshall College of Law, Students and Career Services has seen some movement with bringing PIF to students. For example, my department no longer expects that attendance will be robust at optional career related programs. Instead, we collaborate with student organizations on panel presentations and visit their student organization meetings to connect. We bring handouts and resources to student-run events, instead of requiring them to come to us for the information. We try to model the behavior we are seeking from students by showing up to the programs and panels that they have organized rather than simply demanding they show up at ours. We also leverage our alumni and peer mentor programs to provide resources to students. It is clear to us that peer-to-peer advising among students is at an all-time high, and rather than discourage or limit this connection, we provide information and resources to support it.

Perhaps most importantly, we try to ask students for input on what kinds of activities will help them most when it comes to lawyering skills. Without exception, they prefer activities that require engagement from them, opportunities to become involved in the community through pro bono work, and learning experiences where they connect with others. As a result, we are adjusting our traditional Student and Career Services programming to offer more of these kinds of experiences, and fewer lectures/presentations, while also incorporating reflective coaching questions into our everyday conversations with students.

Conclusion

Supporting first-generation law students to succeed is a critical component of increasing diversity in the legal industry. When PIF is offered thoughtfully and in a way that is mindful of time as a resource, it can be a place where schools can provide that support, not just through efforts focused on belonging, but also efforts focused on financial wellness, building support networks, introductions to professional norms, and academic planning.

If you have any questions or comments about this post, then please feel free to contact me at s.beznoska@csuohio.edu.

Sarah Dylag Beznoska is the Assistant Dean for Student and Career Services at Cleveland-Marshall College of Law at Cleveland State University.

October 13, 2022 by hami3258

Louis Bilionis, Neil Hamilton

Latest Article from Bilionis and Hamilton on ABA Revisions of 303(b) and (c) Published by NALP’s Professional Development Quarterly

NALP just published the third and final installment of Louis Bilionis and Neil Hamilton’s three-part series on the Standard 303 revisions. Part 1 and Part 2 appeared in the May and June 2022 editions of NALP’s PDQ, respectively.

The last article in the series, which is titled “Revised ABA Standards 303 (b) and (c) and the Formation of a Lawyer’s Professional Identity, Part 3: Cross-Cultural Competency, Equal Access, and the Elimination of Bias, Discrimination, and Racism,” can be read here.

September 28, 2022 by hami3258

Karen Tokarz

Mandatory 1L Negotiation Class and Upper-Class Dispute Resolution Courses Address Professional Identity, Bias, and Cross-Cultural Competency

By: Karen Tokarz, Charles Nagel Professor of Public Interest Law & Policy, Director of the Negotiation & Dispute Resolution Programs, and Director of the Civil Rights & Mediation Clinic, Washington University School of Law

Washington University Law School is striving to address the revised ABA Standards of 303(b) and 303(c) in multiple ways. The law school utilizes a short course on Negotiation, which we have required for 1Ls for over a decade. It is offered each year in August and January. As set forth in the syllabus, one of the four days focuses on professional identity, bias, and cross-cultural competency. This course offers a unique way of introducing 1L students to these issues via education, experiential learning, negotiation partner feedback, and self-reflection.

In addition, all of our upper-class dispute resolution courses explicitly address professional identity, bias, and cross-cultural competency, especially Cross-Cultural Dispute Resolution, which is offered both semesters.

Below are links to the syllabi of the Negotiation course and Cross-Cultural Dispute Resolution, followed by the text of each syllabi.

1L Negotiation Class Syllabus

Cross-Cultural Dispute Resolution Syllabus

Washington University School of Law Required 1L Negotiation Course (1cr.)
Class Schedule, Objectives, Learning Outcomes, and Assignments
All times are approximate

Course Objectives/Learning Outcomes:

Negotiation is the most commonly used form of legal dispute resolution in the United States and around the world. This required course is designed to introduce students to the basics of negotiation through reading, discussion, simulation exercises, and videos. The course focuses on negotiation theory, negotiation skills, lawyer (agent)/client (principal) dynamics, negotiating in teams, and negotiation ethics.

The ability to participate successfully in legal negotiations rests on a combination of five core skills that students will begin to develop in this course: 1) theoretical understanding; 2) interpersonal and intrapersonal awareness; 3) planning; 4) drafting; and 5) reflection. This course provides students with a set of conceptual frameworks and practice experiences that will enhance understanding and skill level in these areas, from the various perspectives of negotiators, advocates, and clients in negotiations.

This introductory course lays the foundation for learning in upper-level negotiation and dispute resolution courses, as well as doctrinal courses. The course introduces issues of leadership, professional identity, bias, cross-cultural competency and cross-cultural humility. The course also helps prepare students for negotiation and dispute resolution issues soon to be added to the multi-state bar exam.

Course Requirements:

Attendance will be taken at the beginning of each class Because this is a short, one-credit class, anyone who is not present for all four days will not earn credit for the class and will be required to retake it at another time.
There is no final examination for this course, but there is required reading and four required short Students may discuss the assignments with each other but must draft the assignments individually. Students are urged to use their own words in response to the questions. Students are not required to footnote references to the assigned books, other than an initial reference, unless using direct quotations. Students must submit each of their four papers via Canvas before the beginning of each class and receive a passing mark on each paper to pass the course. Students who fail to submit passing papers before the beginning of each class will not earn credit for the course and will be required to retake it at another time.

In addition to the four required papers, there are other short assignments, including a Negotiation Self-Analysis & Partner Feedback Form following each Students must submit passing papers related to the negotiations by the conclusion of each class to pass the course.

ABA Standard 310:

Texts:

Students must read Roger Fisher & William Ury, Getting to Yes: Negotiating Agreement Without Giving In (any edition) before beginning the course. Assigned readings in addition to Getting to Yes will be available on the course Canvas page. Students are strongly encouraged to read the additional readings before beginning the course. Each day’s module on Canvas will include assigned readings and relevant handouts and links.

Tuesday August 23: Negotiation Theories, Strategies, and Styles

Class Schedule:

1:00-2:00         Introduction to the Course and Overview of Day
2:00-2:35         First Negotiation Exercise: The Gallery
2:35-2:45         Share Reflections with Other Side
2:45-2:55         Break
2:55-3:30         Analysis of First Exercise
3:30-4:30         Discussion of Getting to Yes and Theories of Negotiation

Assignment: Please read the entirety of Roger Fisher & William Ury, Getting to Yes: Negotiating Agreement Without Giving In (any edition). Please come to class prepared to discuss the reading and to pose two comments or questions.

To be eligible for credit for the course, students must submit before the beginning of class via Canvas a Pre-Negotiation Course Profile, along with a written memo of minimum four (4) pages, maximum five (5) pages, that addresses the questions below. Please use 12 pt. Times New Roman font, 1.5 spacing. In your memo, please answer the following questions:

What are the downsides of bargaining solely over positions in a negotiation? Why and how could one shift the focus from positions to underlying interests in a negotiation?
Compare distributive bargaining to problem-solving negotiation. Can lawyers change adversarial bargaining to problem-solving in disputes and deals without risking exploitation? What comparative benefits do you think lawyers bring to negotiations?
Identify various kinds of interpersonal and intrapersonal people problems that might occur in a negotiation. Why and how could one separate people from the problem in a negotiation? Why and how could one invent and use options for mutual gain in a negotiation? What are possible obstacles to inventing and using these options?
Why and how could one develop and use objective criteria in a negotiation? Why and how could one develop and use their and the other side’s BATNA?
What is the definition of a successful negotiation?
What do you see as the biggest pro and the biggest con of the approach suggested in Getting to Yes.

Wednesday, August 24: Lawyer (Agent)/Client (Principal) Relationships, Professional Identity, Confidentiality, Negotiation Ethics

Class Schedule:

1:00-2:10         Discussion of Readings and Overview of Day
2:10-2:30         Prepare for Second Negotiation Exercise (with same party)
2:35-2:45         Break
2:45-3:30         Second Negotiation Exercise: Client Interview/Retainer Agreement
3:30-3:40         Share Reflections with Other Side
3:40-4:30         Analysis of Second Exercise

Assignment: Please read the Model Rules of Professional Conduct (focus on the Preamble and Rules 1, 4, and 8); read pp. 95-138 in Art Hinshaw & Jess K. Albert, Doing the Right Thing: An Empirical Study of Attorney Negotiation Ethics; and read Beyond Words (and complete the short listening test at the end of that article).

Please come to class prepared to discuss the readings and to pose two comments or questions. To be eligible for credit for the course, students must submit before the beginning of class via Canvas a completed listening test (located at the end of the Beyond Words article), plus a written memo of minimum three (3) pages, maximum four (4) pages, that addresses the below questions. Please use 12 pt. Times New Roman font, 1.5 spacing. In your memo, please answer the following questions:

What are potential professional and ethical dilemmas for lawyers (agents) when engaged in negotiations on behalf of clients (principals)?
Why do you think lawyers violate rules such as Model Rules 1, 4, or 8?
Can lawyers and/or clients lie in negotiations? What are the risks, rewards?
What is the role of confidentiality in legal negotiations?
What does it mean for a lawyer to listen beyond the words? What does it mean to lawyer “with” your client, rather than “for” your client? What is client-centered lawyering?

Thursday, August 25: Bias, Cultural Competence, Cultural Humility

Class Schedule:

1:00-1:40         Discussion of Readings and Overview of Day
1:40-2:00         Prepare for Third Negotiation Exercise (with partner)
2:00-2:40       Third Negotiation Exercise: Sally Soprano
2:40-2:50       Share Reflections
2:50-3:00        Break
3:00-4:00       Analysis of Third Exercise
4:00-4:30         Joint Planning for Fourth Exercise (with same party)

Assignment: Please read Sue Bryant and Jean Koh Peters, Five Habits for Cross-Cultural Lawyering.

Please come to class prepared to discuss the readings and to pose two comments or questions. To be eligible for credit for the course, students must submit before the beginning of class via Canvas a written memo of minimum two (2) pages, maximum three (3) pages, that addresses the below questions. Please use 12 pt. Times New Roman font, 1.5 spacing. In your memo, please answer the following questions:

In what ways might bias and culture influence lawyering with clients and others, and what potential issues might arise for you in client interactions and negotiations?
What are your biggest insights/take-a-ways as to each of the five habits for cross-cultural lawyering that you might use to help identify your biases and cultural norms, and those of your clients and others, to enhance your communications and negotiations?

Friday, August 26: The Art of Persuasion

Class Schedule:

1:00-1:40         Discussion of Video and Overview of Day
1:40-1:50 Prepare for Fourth Exercise (with partner)
1:50-3:00 Fourth Exercise: Multi-Party Negotiation
3:00-3:10 Share Reflections
3:10-3:20     Break
3:20-4:30    Analysis of Fourth Exercise, Concluding Lecture, Next Steps to Improve as a Negotiator

Assignment: Please watch the first 17 minutes of Mr. Rogers and the Power of Persuasion , http://www.youtube.com/watch?y=_DGdDQrXy5U (link also available on Canvas), and read Carmine Gallo, The Art of Persuasion Hasn’t Changed in 2,000 Years, available at www.carminegallo.com/the-art-of-persuasion-hasnt-changed-in-2000-years/ Please come to class prepared to discuss the video and reading, and to pose two comments or questions as to how the art of persuasion is relevant to negotiations and dispute resolution.

To be eligible for credit for the course, students must submit before the beginning of class via Canvas a written negotiation plan of minimum two (2) pages, maximum three (3) pages. Please use 12 pt. Times New Roman font, 1.5 spacing. In your negotiation plan, please include four columns, one each for you and your partner and one each for the other side and her/his partner. Identify what you understand/guesstimate each side wants (substantive and relationship goals/ positions), why (underlying interests), how (optimal negotiation styles), cultural/ethical issues, options for achieving mutual gains as to substantive and relationship goals, information you want to obtain/retain, aspiration points, resistance points (bottom lines), and BATNAs.

Cross-Cultural Dispute Resolution Fall, 2022
Mondays, 9:00 AM – 10:52 AM Anheuser-Busch Hall, Room

Prof. Juan Del Valle juandelvalle@wustl.edu

SYLLABUS

CREDITS: 3.0

COURSE DESCRIPTION

Disputes and dispute resolution frequently involve cross-cultural conflict. Effective dispute resolution methods involve additional elements than those used in intra-culture adjudicatory and amicable dispute resolution processes. Through a harmonic integration of legal, sociological, psychological, and neurological concepts and findings, this course is designed to equip students with valuable tools that will allow them to choose suitable dispute resolution methods and strategies for resolving cross-cultural controversies, and managing legal conflicts involving individuals from diverse cultures and backgrounds, including but not limited to gender, religion, national origin, and race. The course is designed to enhance negotiation and dispute resolution skills by increasing cultural intelligence (CQ) for legal professionals who will be involved in diverse conflict resolution scenarios, whether as attorneys, negotiators, facilitators, or adjudicators. The course includes assigned readings, drafting, and simulations related to cross-cultural dispute resolution.

ABA STANDARD COMPLIANCE

ABA Standard 310 requires “not less than one hour of classroom or direct faculty instruction and two hours of out-of-class student work per week or the equivalent amount of work over a different amount of time” for each credit hour awarded. This course has been designed to meet this requirement, through the inclusion of mandatory readings, free research and assignments that will be explained during the course and a final essay, expecting each student to spend at least two hours of out-of-class time for each one hour of in-class-time per credit hour.

COURSE OBJECTIVES AND LEARNING OUTCOMES

By the end of the semester, students will be able to effectively:

Recognize and utilize techniques to communicate and collaborate with cross-cultural stakeholders about their cases, the law, and policy in negotiations and mediation processes;
Recognize and understand the existence of biases and their impact in information-collecting processes;
Acknowledge ways to control biases and other informational barriers sourced in the adaptive unconscious;
Recognize and understand the impact of context and the distribution of power in negotiations and mediations, including culture, gender, race, national origin, religion;

Identify and understand the underlying interests of all of the stakeholders in dispute resolution processes where cultural difference may add challenges to the collection of information;
Recognize and understand opportunities for and barriers for stakeholders to create and claim value on a sustainable basis in dispute resolution processes.
Recognize and understand the impact of intrapersonal and interpersonal styles, and persuasion techniques in negotiations and mediations involving cross-cultural interactions;
Identify and utilize necessary oral and written advocacy skills with and on behalf of stake- holders in negotiations and mediations involving cross-cultural interactions;
Enhance communication, relationship development, trust building, and persuasion skills in negotiations and mediations involving cross-cultural interactions;
Enhance collaboration skills and maximize effectiveness working as a team member to advance the interests of the stakeholders and the process in negotiations and mediations involving cross-cultural interactions;

ASSESSMENT AND GRADING

Students are expected to prepare for every class. Participation in class discussions and class exercises, including a final project will be highly graded and will be assigned twenty-five percent (25%) of the final grade. A final, anonymous essay of approximately 6 pages will have a seventy five percent (75%) weight on the grade.

READINGS AND EXERCISES

Students must read and prepare for a discussion of the assigned readings prior to each session and come to class prepared to actively participate in class discussions. Students are encouraged to read any additional material they find useful to complement lectures. The instructors may suggest complementary readings during the course.

ATTENDANCE POLICY

This is a participatory course. Its success depends on everyone’s active participation and preparation for the exercises that are assigned. Students are allowed to miss 2 classes without that absence negatively impacting their grade; provided that, (i) I am notified in advance of your expected absence (preferably at the previous class) and (ii) any materials you are required to turn in are delivered to me before the class you will miss. Failure to provide advanced notice of an absence, turn in any assignments prior to class or missing more than two classes (absent extreme circumstances approved by Elizabeth Walsh, Associate Dean for Student Services) will count as an unexcused absence. We can be notified about expected absences in class or by email. Unexcused absences will negatively impact both the class participation and performance portions of your grade.

SIMULATION EXERCISES & CASE STUDIES

We will have 2-4 exercises in the course of the semester.

For the simulations to be successful and allow you to develop your skills, it is important that they are approached as seriously as you would approach a real-life negotiation. It is also important that you maintain your assigned role, try to maximize the outcome of the party you are assigned and fully prepare for each simulation. Most of all, I want you to enjoy every single session of this course.

LAPTOP POLICY

Laptops may be used during class discussions to take notes and used during simulations if you are instructed to do so. At no time may laptops be used to surf the web or communicate about subjects not related to the class. Cell phones shall NOT be used at any time while class is in session to make calls, take in-coming calls, or text, except during class breaks. Use of laptops, cell phones, or other electronic devices during class at prohibited times is extremely distracting and reflects a lack of respect to your classmates and me and will result in a failing participation grade for that class session.

CLASS PARTICIPATION

Your final grade will be a combination of the following:
Weekly Class Attendance, Class Participation, and Final Project (25%)

Weekly Participation:

Your weekly class participation throughout the semester, as demonstrated through preparation and discussion of the assigned reading materials, active engagement in the simulations, and negotiation planning memos will be worth 25% of your grade.

Final Essay:

75% of your grade.

*Required Course Textbooks

Fisher, R., Ury, W. (2011). Getting to Yes: Reaching Agreements Without Giving In. New York, NY: Penguin Books. ISBN-10: 0143118757; ISBN-13: 978-0143118756.

Lewis, R. (2018). When Cultures Collide: Leading Across Cultures. Boston, MA: Hachette Book Group. ISBN-10: 9781473684829; ISBN-13: 978-1473684829.

Randolph, P. (2016). The Psychology of Conflict: Mediating in a Diverse World. Bloomsbury Continuum. ISBN-10: 1472922972; ISBN-13: 978-1472922977.

*Required Additional Readings

Cairns, D. (2005). Mediating International Commercial Disputes: Differences in U.S. and Euro- pean Approaches. Dispute Resolution Journal. Aug-Oct, 2005; 60, 3. Available at http://www.nysba.org/workarea/DownloadAsset.aspx?id=67718

Pair, Lara M. (2002). Cross-Cultural Arbitration: Do the Differences Between Cultures Still In- fluence International Commercial Arbitration despite Harmonization? ILSA Journal of International and Comparative Law. Vol 9, Issue 1, Article 2. Available at https://nsuworks.nova.edu/il- sajournal/vol9/iss1/2/

*Suggested Complementary Readings

Groves, K., Feyerherm, A., Minhua, G. (2015). Examining Cultural Intelligence and Cross-Cul- tural Negotiation Effectiveness. Journal of Management Education, Vol. 39(2) 209-243. Available at www.sagepub.com.

Class Schedule and Assigned Mandatory Readings

Week 1: Basics of Legal Negotiation and Dispute Resolution

Readings: Fisher, R., Ury, W. (2011) Getting to Yes. Chapters I – IV.

Week 2: The Psychology of Conflict in Legal Dispute Resolution: Cross-Cultural Perspectives on Existentialism, Psychological Perceptions in Conflicts, and the Impact of Emotions

Readings: Randolph, P. (2016). The Psychology of Conflict: Mediating in a Diverse World. Bloomsbury Publishing Plc. Chapters 1, 2, 3.

Week 3: The Psychology of Conflict in Legal Dispute Resolution: Cross-Cultural Perspectives on Self-Esteem, Values and Polarities, Interpersonal Relationships, and Psychological Impact of Listening.

Readings: Randolph, P. (2016). The Psychology of Conflict: Mediating in a Diverse World. Bloomsbury Publishing Plc. Chapters 4, 5, 6.

Week 4: The Psychology of Conflict in Legal Dispute Resolution: Cross-Cultural Perspectives on Assumptions and Biases, Amicable Dispute Resolution, Differing Models of Negotiations and Mediations, Empathy, and Neurology of Conflict Resolution.

Readings: Randolph, P. (2016). The Psychology of Conflict: Mediating in a Diverse World. Bloomsbury Publishing Plc. Chapters 7, 8, 9.

Week 5: Overcoming Cross-Cultural Barriers in Legal Dispute Resolution: Language Differences

Readings: Lewis, R. (2018). When Cultures Collide: Leading Across Cultures. Boston, MA: Hachette Book Group, Chapter 1.

Week 6: Overcoming Cross-Cultural Barriers in Legal Dispute Resolution: Cultural Conditioning

Readings: Lewis, R. (2018). When Cultures Collide: Leading Across Cultures. Boston, MA: Hachette Book Group, Chapter 2.

Week 7, October 10: Overcoming Cross-Cultural Barriers in Legal Dispute Resolution: Culture Categorization, Culture Relativism v. Constructivism, and Integration

Readings: Lewis, R. (2018). When Cultures Collide: Leading Across Cultures. Boston, MA: Hachette Book Group, Chapter 3.

In-Class Activity Links: Video: Richard Evanoff. (2016). How can People from Different Cultures get Along with Each Other? TedX on Youtube.com. Link: https://www.youtube.com/watch?v=osZr7DLxs8A

Week 8: Overcoming Cross-Cultural Barriers in Legal Dispute Resolution: Time in Cross-Cultural Negotiations

Readings: Lewis, R. (2018). When Cultures Collide: Leading Across Cultures. Boston, MA: Hachette Book Group, Chapter 4.

Week 9: Overcoming Cross-Cultural Barriers in Legal Dispute Resolution: Power- less Communication, Power of Paraphrasing and Reframing, and Communication Gaps

Readings: Lewis, R. (2018). When Cultures Collide: Leading Across Cultures. Boston, MA: Hachette Book Group, Chapter 5.

Week 10: Overcoming Cross-Cultural Barriers in Legal Dispute Resolution: Motivation and Trust-Building, and the Low-Trust Syndrome

Readings: Lewis, R. (2018). When Cultures Collide: Leading Across Cultures. Boston, MA: Hachette Book Group, Chapter 9.

Week 11: Overcoming Cross-Cultural Barriers in Legal Dispute Resolution: Meeting of the Minds, Relationship-Building, Giving-In as a Strategy to Overcome Low Trust and Ot- her Cross-Cultural Barriers

Readings: Lewis, R. (2018). When Cultures Collide: Leading Across Cultures. Boston, MA: Hachette Book Group, Chapter 10.

In-Class Activity Links: Link: Rathi, A. (2015). This Simple Negotiation Tactic Brought 195 Countries to Consensus. Retrieved from https://qz.com/572623/this-simple-negotiation-tactic- brought-195-countries-to-consensus-in-the-paris-climate-talks/.

Week 12: Gender, Race, National Origin, and Religion in Dispute Resolution

Preparation for class: Please research on recent studies regarding the influence of race, gender, and religion in dispute resolution processes. Please be prepared to share your findings in class.

Readings: Pair, Lara M. (2002). Cross-Cultural Arbitration: Do the Differences between Cultures Still Influence International Commercial Arbitration Despite Harmonization? ILSA Journal of International and Comparative Law. Vol 9, Issue 1, Article 2. Cairns, D. (2005).

Week 13: Cross-Cultural Views of Commercial Dispute Resolution
Readings: Mediating International Commercial Disputes: Differences in U.S. and European Approaches. Dispute Resolution Journal. Aug-Oct 2005; 60, 3.

Cross-Cultural Arbitration: Do the Differences between Cultures Still Influence International Commercial Arbitration Despite Harmonization? ILSA Journal of International and Comparative Law. Vol 9, Issue 1, Article 2. Cairns, D. (2005).

Week 14: Giving, transparency, and building trust in Cross-cultural dispute resolution processes.

In-class activity: Final project presentation and discussion.

If you have any questions or comments about the courses, then please feel free to email me at tokarz@wustl.edu.

Karen Tokarz is the Charles Nagel Professor of Public Interest Law & Policy, Director of the Negotiation & Dispute Resolution Programs, and Director of the Civil Rights & Mediation Clinic at Washington University School of Law in St. Louis.

September 19, 2022 by hami3258

Aric Short

Crowdsourcing Implementation Plans, Tools, and Techniques for Standard 303(b)(3)

By: Aric Short, Professor of Law and Director of the Professionalism & Leadership Program, Texas A&M University School of Law

As law schools welcome students back to campus this fall, a revised accreditation standard goes into force. Under the new Standard 303(b)(3), each law school “shall provide substantial opportunities to students for the development of a professional identity.” As explained in Interpretation 303-5, “[p]rofessional identity focuses on what it means to be a lawyer and the special obligations lawyers have to their clients and society.” Exploration of this topic should include the “values, guiding principles, and well-being practices considered foundational to successful legal practice.” Importantly, the ABA recognizes that professional identity formation is a process that takes time, experience, and reflection. As a result, students “should have frequent opportunities for such development each year of law school and in a variety of courses and co-curricular and professional development activities” (emphasis provided).

The ABA has taken a sequenced approach to implementation of this new professional identity formation requirement. In the fall of 2022, all law schools are expected to have initial plans in place to implement Standard 303. By the fall of 2023, schools are required to begin implementing their plans.

Figuring out exactly how to comply with this new ABA standard can be challenging. Embedded in that challenge are various procedural and structural questions. What process will your school use to evaluate existing professional identity formation efforts? Who will be in charge of ensuring compliance? Which law school stakeholders will be involved in that process? Will professional identity formation be introduced during Orientation? If so, how and by whom? Will 1L students take a course on professional identity formation or be required to attend a series of workshops? Or will similar themes be introduced in classes across the 1L curriculum? Similarly, how will each school continue to expose students to professional identity formation themes throughout the remainder of their law school experience—including in experiential courses and in interactions with offices supporting career services and academic support? Beyond these and other mechanical issues, there exist significant questions about content. What exactly does professional identity formation mean to your institution? What are the core themes you want to emphasize and reinforce with your students? And how will those themes be staggered and built upon so that students develop a deeper sense of their own professional identities as they move through law school?

To assist law schools as they work through these and other issues related to Standard 303(b)(3) implementation, the Holloran Center is announcing two new crowdsourced and collaborative resources. You and your school are invited to contribute to these resources and to learn new ideas and approaches to professional identity formation from colleagues across the country. While these resources are related, they have different purposes:

Resource #1: A repository of law school implementation plans for Standard 303(b)(3). This database, in Google Sheets, is intended to capture law schools’ evolving plans to implement Standard 303(b)(3). Each school is requested to share a narrative describing its Standard 303(b)(3) plan, as well as whether that plan is currently in draft or approved form. Schools are encouraged to provide a full description of their plans to help share creative and effective ways to implement this new Standard. This Google Sheet also asks for contact information for the person at each school responsible for Standard 303(b)(3) implementation, as well as anyone else on your staff or faculty who will be taking the lead in any specific professional identity formation efforts (for example, related to academic support, career services, clinics, externships, legal writing, doctrinal courses, etc.). Each school is also encouraged to provide links to any related web-based materials and to submit any other supporting documents through this Dropbox. While anyone with the link to this Google Sheet can review the submitted plans and contact information details, this document should be completed by the person at each school responsible for compliance with Standard 303(b)(3).

Resource #2: A clearinghouse of specific ideas, techniques, strategies, and tools related to professional identity formation. We know that many of you are already doing impactful work in this area, regardless of your title and the capacity in which you engage with students. This database, also in Google Sheets, provides a means to share those great efforts and learn new ideas from other law school faculty and staff across the country. Anyone who is engaged in professional identity formation efforts—big or small—is encouraged to share their ideas, as well as their contact information. This database is organized broadly in tabs across the bottom by the general area of student engagement, including academic support, career services, clinical / experiential classes, doctrinal classes, lawyering skills classes, student organizations, and professional formation courses. Within each tab, contributors are asked to indicate the primary professional identity focus of the exercise, program, or reflection and to include additional information, including the primary contact person for that contribution. We hope this format makes it easy for you to search for techniques and strategies that might be useful for you. In addition to providing a description of the professional identity work you are doing, you are encouraged to submit to this Dropbox any supporting documents that might be helpful for others, including syllabi, course plans, teaching notes, assessment tools, and grading rubrics.

A note on scope: As described above, these two new crowdsourced resources are focused primarily on Standard 303(b)(3), which relates to professional identity formation. The ABA has also implemented a new Standard 303(c), which requires law schools to “provide education to law students on bias, cross-cultural competency, and racism (1) at the start of the program of legal education; and (2) at least once before graduation.” Most of us working in this general space understand that bias, cross-cultural competency, and racism are foundational topics within professional identity formation. As a result, you and your school should feel free to share in the databases above specific implementation plans and strategies related to Standard 303(c). However, our primary focus is Standard 303(b)(3). We also encourage you to visit Buffalo School of Law’s Website on ABA Standard 303(c) for more specific information about efforts across the country to implement Standard 303(c).

We wish you and your law schools the best of luck as you create institutional plans and design specific techniques for implementation. Hopefully the two databases announced above will help you come up with impactful and effective ways to engage in this important work. We encourage you to share your ideas, to borrow from others, and to connect with other faculty and staff exploring professional identity formation.

Aric Short, Professor of Law and Director of the Professionalism & Leadership Program, Texas A&M University School of Law

September 6, 2022 by hami3258

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