Well-Being – Holloran Center Professional Identity Implementation Blog
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Well-Being

Colette Schmidt, Stephanie Kupferman

An Introduction to Attorneys’ Mental Health & Wellbeing – Identifying that a Problem Exists (…and so does the Stigma)

By: Stephanie E. Kupferman, Assistant Professor of Law, Vermont Law and Graduate School
Colette Schmidt, Assistant Director of Career Services, Vermont Law and Graduate School

“It is okay to not be okay,” even in the legal profession.[1]

The law is one of the only professions dedicated to righting wrongs, ensuring fairness, and striving to ensure that all people are treated equally. However, with great fulfillment comes monumental responsibility. Lawyers are consequently more vulnerable to stress, depression, anxiety, and substance abuse than nearly any other profession.[2]  Anne Brafford, Vice President of Programming and former equity partner at Morgan, Lewis, & Bockius LLP, opines in her Well-Being Toolkit for Lawyers and Legal Employers that being a lawyer is an immense privilege, allowing our law degrees to provide opportunities to contribute to the vitality of government, the business sector, community safety, and individual lives.[3]  But with these grave responsibilities come concomitant stressors that need to be managed. Given that August is wellness month and discussions of mental health are still stigmatized in the legal profession, it feels like propitious timing to address a series of blog posts to wellness topics within the practice of law.

Within the past decade, the ABA Commission on Lawyer Assistance Programs partnered with the Hazelden Betty Ford Foundation to conduct a never-before-seen study on lawyer impairment.[4] Results were, at minimum, alarming: of the 12,825 licensed and employed attorneys who participated in the survey, 20.6% of respondents’ scores indicated problematic drinking.[5] Further, 28% of respondents indicated some level of depression, 19% indicated some level of anxiety, and 11.5% reported having suicidal thoughts at some point in their career.[6] In sum, the full report noted that

Attorneys experience problematic drinking that is hazardous, harmful, or otherwise consistent with alcohol use disorders at a higher rate than other professional populations. Mental health distress is also significant. These data underscore the need for greater resources for lawyer assistance programs, and also the expansion of available attorney-specific prevention and treatment interventions.[7]

To address these issues, the American Bar Association (“ABA”) commissioned a task force through the Commission on Lawyer Assistance Programs (“CoLAP”), the National Organization of Bar Counsel (“NoBC”), and the Association of Professional Responsibility Lawyers (APLR). The result? Organizations produced some amazing resources on wellness.[8]  Wellness efforts have not simply remained at the national level; states nationwide have strived to improve the mental health of their attorneys.  Jurisdictions nationwide have interpreted their Rules on Professional Conduct to make lawyer wellness a condition precedent to competency.[9]  Additionally, Vermont now requires at least one credit of Attorney Wellness per MCLE reporting period.[10]  And yet, the problem remains.  According to a 2023 study, 66% of respondents reported that being in the legal profession has harmed their mental health to some degree, and 46% of respondents reported thoughts of leaving the profession altogether as a result of stress or burnout.[11]

The data is conclusive: mental health and substance abuse issues among lawyers exist.  Lawyers have immense responsibilities consisting of long hours, vast amounts of legal research and writing, expectations of remaining up to date with statutes and regulations, and both ethical and professional duties to their clients and coworkers.[12]  These responsibilities are no small feat.  Unfortunately, with these crucial responsibilities comes a great level of stigma; lawyers have, and still do, struggle with openly discussing mental health issues/crises out of fear that their colleagues or clients will judge or lose trust in them.[13]  However, concerns and privacy regarding mental health issues and the law does not begin when an attorney is faced with these responsibilities—it can begin as soon as a law student first steps foot on campus.

Being a law student is no easy feat. It involves competition, composure, the Socratic Method, and learning a new way of thinking (and writing).  A law student also faces the pressures of social circles, class rankings, academic achievements, journal, and extracurricular involvement.  Moreover, a law student must deal with the obscure usage of terminology and acronyms, along with the fear that others will be able to identify exactly what that law student doesn’t know.  Law school is an entirely new universe for many individuals that decide to pursue this advanced degree, especially first-generation law students who have had no previous exposure to the legal field.  Law school, by its very definition, is stressful. The stigma regarding mental health has been so pervasive that, in 2015, the ABA House of Delegates urged bar licensing entities to reconsider character and fitness questions relating to mental health histories and diagnoses.[14]

Simply put, to be a good lawyer, one must be a healthy lawyer. As shown above, the legal profession is already struggling to maintain public confidence within the profession and resultingly is addressing how to reduce the level of toxicity that has allowed mental health and substance use disorders to fester among our colleagues.[15]  Not surprisingly, law schools are now also seeking to prioritize mental health among 1L’s too.[16]

As established above, mental health issues pervasively exist in the legal profession. Unfortunately, there is also an ever-looming stigma regarding mental health and the legal profession. But what can be done? What can we do? In this blog series, we will be discussing the eight pillars of wellbeing—as applied to the legal profession. We are Stephanie E. Kupferman, an assistant professor of law teaching in the externship program, and Colette C. Schmidt, assistant director of career services, and we call ourselves the “Ladies of Professional Development”. We are both former practicing attorneys who are here to provide you with advice and tips based on not only our experiences, but also science.

First up? Sleep and exercise! It’s no surprise that exercise is considered to be one of the most beneficial activities that people can engage in.[17]  The National Institutes of Health conducted a study examining the gene activity, protein alterations, immune cell function, metabolite levels, and numerous other measures of cell and tissue function, which allows researchers to study the longer-term adaptations of the body to exercise.  The Mayo Clinic found that there are seven benefits of regular physical activity: 1) “[e]xercise controls weight;” 2) “[e]xercise combats health conditions and diseases;” 3) “[e]xercise improves mood;” 4) “[e]xercise boosts energy;” 5) “[e]xercise promotes better sleep;” 6) “[e]xercise puts the spark back into your sex life;” and 7) “[e]xercise can be fun [and] social.”[18] Need we say more?

Further, that foggy feeling you get after a poor night’s sleep impacts your brain function.[19]  Getting enough sleep is vital for “‘brain plasticity,’ or the brain’s ability to adapt to input.”[20]  If you don’t sleep enough, you not only can’t process what you’ve learned during the day, but you also have more trouble remembering it in the future.[21]  “Researchers also believe that sleep may promote the removal of waste products from brain cells – something that occurs less efficiently when the brain is awake.”[22]

So, how can you set yourself up for success? Get a good night’s sleep. Students, please sleep enough to “help stay focused, improve concentration, and improve academic performance.”[23]  Failure to get a good night’s sleep can cause incommensurate reactions to a myriad of situations and particularly stressful situations. If you are debating between reading that last case and getting some rest, get some rest and email your professor.

 

TRIGGER WARNING: In our next blog post, we will be discussing the importance of a good diet. If you are struggling with an eating disorder, please refer to the following website: https://www.nationaleatingdisorders.org/get-help/ and consider these following helplines:

If you have any questions or comments, then please feel free to contact us at skupferman@vermontlaw.edu or cschmidt@vermontlaw.edu.

 

[1] David Jaffe et al., “It is Okay to Not Be Okay”: The 2021 Survey of Law Student Well-Being, 60 U. Louisville L. Rev. 439 (2022).

[2] Report and Recommendations of the NYSBA Task Force on Attorney Well-Being This is Us:  From Striving Alone to Thriving Together, 70 (Oct. 2021).

[3] See generally Anne Brafford, Well-Being Toolkit for Layers & Legal Employers (2018).

[4] Study on Lawyer Impairment, American Bar Association (Jan. 18, 2019), https://www.americanbar.org/groups/lawyer_assistance/research/colap_hazelden_lawyer_study/.

[5] Id.

[6] Id.

[7] Patrick Krill, The Prevalence of Substance Use and Other Mental Health Concerns Among American Attorneys, J. of Addiction Med. 10, 46 – 52 (Jan./Feb. 2016).

[8] The ABA’s Mental Health & Wellness resource library contains materials ranging from how to take a real vacation to mental health first aid to coping with eating disorders and beyond.

[9] See ABA Model Rules on Professional Responsibility; Vermont Rules of Professional Conduct available at:  https://www.vermontjudiciary.org/sites/default/files/documents/VermontRulesofProfessionalConduct.pdf.  Note:  every state has some permutation of competency definition of which lawyer wellness is integral.

[10] See Mandatory Continuing Legal Education, Vermont Judiciary, https://www.vermontjudiciary.org/attorneys/mandatory-continuing-legal-education (last visited July 11, 2024).

[11] Today’s Lawyers & Mental Health: Mental Awareness Month, Thomson Reuters (May 16, 2024), https://legal.thomsonreuters.com/blog/todays-lawyers-and-mental-health/#:~:text=It%20goes%20without%20saying%20that,juggling%20multiple%20cases%20at%20once.

[12] Id.

[13] Id.

[14] See Mental Health Character & Fitness Questions for Bar Admission, Am. Bar Ass’n, https://www.americanbar.org/groups/diversity/disabilityrights/resources/character-and-fitness-mh/ (last visited July 11, 2024).

[15] See https://www.americanbar.org/groups/lawyer_assistnace/task_force_report/

[16] See also Law Deans Clearinghouse for Student Mental Health, The Ass’n of Am. Law Schools, https://www.aals.org/mental-health-clearinghouse/ (last visited July 11, 2024). In a 2021 survey, almost 70% of respondents (law students) indicated mental health issues. Id.

[17] See  Understanding How Exercise Affects the Body, Nat’l Institutes of Health (May 14, 2024), https://www.nih.gov/news-events/nih-research-matters/understanding-how-exercise-affects-body.

[18] Mayo Clinic Staff, Exercise:  7 Benefits of Regular Physical Activity, Mayo Clinic, https://www.mayoclinic.org/healthy-lifestyle/fitness/in-depth/exercise/art-20048389 (last visited July 11, 2024).

[19]  The Science of Sleep: Understanding What Happens When You Sleep, Johns Hopskins Medicine, https://www.hopkinsmedicine.org/health/wellness-and-prevention/the-science-of-sleep-understanding-what-happens-when-you-sleep (last visited July 11, 2024).

[20] Id.

[21] Id.

[22] Id.

[23] Sleep & Health, CDC, https://www.cdc.gov/healthyschools/sleep.htm#:~:text=Students%20should%20get%20the%20proper,poor%20mental%20health%2C%20and%20injuries (last visited July 11, 2024).

Stephani Kupferman

Stephanie E. Kupferman, an associate professor of law, joined the Vermont Law & Graduate School Externship team in 2018, where she works to place law students in legal offices throughout the country for law school credit. Prior to joining VLGS, Stephanie was a seasoned litigator in NYC.

Colette Schmidt

Colette C. Schmidt joined Vermont Law & Graduate School as the Assistant Director of Career Services in August of 2023, where she specializes in JD degree and career counseling, interviewing, and networking skills. Before law school, Colette worked in complex civil litigation and is licensed in both New Hampshire and Vermont.

Jamie Abrams

Inclusive Socratic Teaching: Why Law Schools Need It and How to Achieve It

By: Jamie R. Abrams, Professor of Law & Director of Legal Rhetoric Program,
American University, Washington College of Law

As scholars and teachers working in professional identity formation, blog readers may be interested to check out my recent book, titled Inclusive Socratic Teaching: Why Law Schools Need It and How to Achieve It, published by the University of California Press. The book issues a call to action squarely centered in the Socratic classrooms that still dominate so much of legal education’s curricular core. The book’s premise is that existing legal education reforms, including ABA Standard 303(b) governing professional identity formation, are happening around the architectural and structural core of Socratic classrooms.

The book traces enduring scholarly critiques over the past fifty years of Socratic teaching’s professor-centered and power-centered approaches. It layers onto these critical perspectives the alarming wellness concerns facing modern law students and lawyers that scholars, such as the Holloran Center’s Co-Director Jerry Organ, have been documenting for years. With this body of literature outlined, the book ponders why we continue to innovate in legal education around the dominant Socratic classrooms. It notes how these traditional classrooms are often in tension with professional identity formation to the extent they put students in competition to be racked and stacked against each other, skewing students’ self-efficacy and creating a narrow band of skills and values rewarded in the classroom.

Notably, the book does not abandon the Socratic method, though, for reasons of pragmatism, economics, and institutional will. Rather, it seeks to build shared pedagogical values that catalyze these classrooms to align with other institutional reforms. The book therein proposes a set of concrete pedagogical values that can govern Socratic classrooms: student-centered, skills-centered, client-centered, and community-centered teaching techniques.

It then provides a roadmap of how to implement these shared pedagogical values. Simple techniques, like shifting from “what are the facts of the case?” and “what was the holding?” to an exploration of who hired a lawyer, why they hired a lawyer, and the skills and values deployed by that lawyer can transform the Socratic classroom to be more skills, student, client, and community focused. The book sketches out techniques, using existing student-teacher ratios and casebooks, to position students as professionals navigating a string of cases on behalf of a host of diverse clients in a range of communities. While Socratic classrooms might not be the primary site for cultivating professional identity formation, these pedagogical techniques sensitize students to professional skills and values in ways that align with deeper dives into professional identity formation happening in specialized classes, professional responsibility classes, experiential courses, simulations courses, and clinics. I warmly invite this community’s ongoing dialogue with these ideas. I hope this book offers a springboard into holistic institutional discussions about the pedagogical values that shape our institutions and the arc of student development from first year to graduation.

Please feel free to reach out to me at jamieabrams@wcl.american.edu if you have any questions or comments.

Jamie R. Abrams is Professor of Law and Director of the Legal Rhetoric Program at American University Washington College of Law. She has published scholarly articles about legal education pedagogy and won numerous awards for pedagogy innovations.

Uncategorized

A Student Reflection on Professional Identity Formation at Regent University School of Law

By: Diana McBride Bloomquist, 2L

Professional identity formation is discerning what kind of lawyer you want to be, what motivates you, and why you want to practice law. Coming into law school, I was unaware of how crucial it is to develop a strong professional identity, and I am so grateful for Regent University’s emphasis on it. From the first week of classes, our professors impressed upon us how easy it is for lawyers to make professional decisions that directly conflict with personal values and beliefs and how this can result in deep-rooted unhappiness. I did not know that cognitive dissonance flows from making decisions inconsistent with intrinsic values and that our moral compass keeps track of those—regardless of whether we are aware of it. I learned that this process is subtle and that seemingly minor compromises, where an action conflicts with our values, can lead one to integrate a new identity over time. Regent combats this moral drift by placing professional identity formation at the forefront of a student’s legal education. Establishing your purpose for practicing law and determining why you are being called to serve in this way should inform and influence the decisions you make during your time in school and beyond. I am now convinced that developing self-awareness and sensitivity to one’s moral compass—along with relying on trusted mentors—provides the best insurance of integrity (acting in accord with core values) versus disintegration of those values over time by seeking extrinsic motivations like money or prestige. I learned early that adhering to the Model Rules of Professional Conduct alone will not protect me from moral drift and the inevitable unhappiness that results from the pursuit of extrinsic values. Instead, forming an identity that prioritizes core values has already led me to anticipate practicing in a way that may be challenging but will be fulfilling.

Regent Law’s Center for Professional Formation focuses on ensuring that we, as students, are given many opportunities to form our professional identity and consider how it will impact our future practice. Through the Center for Professional Formation, students can receive an alumni mentor and access to programs that direct us on a path that keeps us focused on our intrinsic core values. In line with these goals, the law faculty has developed required 1L courses such as Foundations of Law and Foundations of Practice. Foundations of Law explores the nature of law by assigning readings of classical texts, including Aquinas and Blackstone, and more contemporary and contentious issues, then facilitating open discussion in class that returns to the core values foundational to our legal system. Foundations of Practice includes readings and discussions with lawyers in various practice areas, such as Virginia Attorney General Jason Miyares and Professor Robert Cochran, who believe in professional identity formation and help students connect the ethical and moral decisions inherent in law practice.

Additionally, the Center for Professional Formation ensures that each student has a faculty mentor with whom we must meet as part of the Foundations of Practice Curriculum to develop a “Discernment Plan.” The Discernment Plan is the primary product of our Foundations of Practice course, and we are told it is meant to function as a living document that we can regularly revise as we move through law school under the same faculty mentor. The Discernment Plan explores a student’s gifts, potential areas for growth, and ultimately, the areas of law in which they may be the most successful. Due to Regent’s focus on professional identity, my idea of success has shifted. I believe I will be most successful in a field where my gifts can help others through law. I have also learned that identifying my gifts can involve a willingness to face fears and explore whether I can do things I thought were not possible. For instance, when I told my faculty mentor of my fear of public speaking, he encouraged me to lean into the discomfort of participating in our 1L Moot Court Competition. I had mentioned this fear in my draft of the Discernment Plan and, in retrospect, I am glad my mentor challenged me rather than allowing my fear to keep me from exploring potential strengths.

Aside from its commitment to professional identity formation through the Center for Professional Formation, Regent has begun integrating professional identity formation into doctrinal classes. For example, in an exercise in Civil Procedure, we were assigned a reading and reflection response on a hypothetical professional identity scenario, which we then discussed in class. The exercise revealed the numerous interests beyond the client’s best interest that influenced a lawyer’s advice to a client on whether to file a suit in state or federal court. Before analyzing this hypothetical question and answering the reflection questions, I was unaware that a lawyer’s interests could override the client’s best interests. In many of our required 1L classes, professors remind us that the individuals in assigned cases are real people, not just fictional characters meant to illustrate a legal concept.

Regent has done an excellent job encouraging reflection on forming our professional identity—both in courses specifically designed to do so and in other doctrinal courses through purposeful exercises. Professional identity formation influences every aspect of the education Regent has to offer and has shown me that my primary goals in practicing law are to embrace growth, even through challenging myself to withstand discomfort as I did with oral advocacy, and to serve future clients without sacrificing core values.

Diana McBride stands in front of a brick wall.

I am a rising 2L at Regent University School of Law. I currently serve as a law school representative on the Council of Graduate Students and as the Vice-President of the Women’s Law Association.

Uncategorized

Embracing Professional Identity Formation

By: Ruwayda Issa, University of St. Thomas School of Law 1L

I was very nervous during the Muslim Law Student Association (MLSA) Iftar Dinner held at the University of St. Thomas School of Law this spring. My 1L year was full of twists and turns including a change of professors (my Torts professor accepted an appointment to the Minnesota Supreme Court in the middle of the semester). Leading up to the Iftar dinner, I volunteered to be the moderator for the career panel during the event. I sat as an audience member throughout the past year hearing from various panels’ moderator and attorneys at different law school events. Now that I had an opportunity to serve as a moderator, I was nervous and focused on asking the right questions and keeping the audience engaged.

The panel conversation had a focus on professional identity formation as both attorneys are Muslim and persons of color who have faced adversity. I enjoyed the panel, and it provided me with a sense of clarity. I am a Muslim woman wearing a hijab that has juggled showing my different levels of identities in law school and law settings. I didn’t have a Muslim female attorney to look up to who could teach me how I should dress in professional settings. One ironic moment during the panel involved panelist Amran Farah, a Muslim female attorney, when she spoke about how she makes sure to wear a neutral-colored hijab if she is wearing a bold color for her blouse or blazer. I realized that I had employed that exact same approach myself for years, and I was already forming my professional identity in a way very similar to other female Muslim attorneys.

This event put my entire year into perspective and reminded me that I was on the right path. I look forward to planning next year’s Iftar Dinner with the rest of the MLSA board. Forming a professional identity is a continuing process, and learning from those who have helped pave the way is part of that beautiful, complicated process.

Ruwayda Issa is a rising 2L at the University of St. Thomas School of Law.

David Grenardo

What About Us? How Law Schools Can Help Historically Underrepresented Law Students Develop Their Professional Identities

In a forthcoming article for Mercer Law Review, Holloran Center Associate Director David Grenardo presents a critically important perspective on the ways that historically underrepresented students face obstacles to their professional identity formation. Grenardo provides context around why these issues can seem insurmountable to staff and faculty, and explains why it is crucial to tackle them head-on: structural biases in law school stall the academic and professional development of historically underrepresented students. He closes with practical, solution-oriented suggestions around mentorship, academic support, and experiential learning that would create an environment in which all students are welcome.

The article abstract follows. You can also read a draft of the entire article on SSRN.

The revised ABA Standards require law schools to provide substantial opportunities for law students to develop their professional identity. An individual’s professional identity as a lawyer consists of one’s personal identities integrated into who they are as a professional. Gaining a professional identity means going from an outsider to an insider in that profession, and a law student’s professional identity formation refers to the process of evolving from law student to lawyer. Law schools must dive into the murky waters of race, ethnicity, gender, and sexual orientation because that is where our historically underrepresented law students are, trying to become professionals in a system that sees them as the other, different, and outsiders.

Part I of the Article briefly defines professional identity. Part II sets forth an overview of the many obstacles historically underrepresented law students face—including, but not limited to, the historical exclusion of underrepresented individuals from law school and the legal profession, imposter syndrome, bias, microaggressions, wealth and education disparities—in developing their professional identity. Part III provides a summary of tangible solutions that law schools may employ to address those obstacles and help those law students develop their professional identity. This Article concludes that it is critical for law schools to intervene to ensure historically underrepresented law students can properly develop their professional identity.

Please reach out to David Grenardo at gren2380@stthomas.edu with any questions or comments.

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, Jerome Organ, Neil Hamilton

The Holloran Center in the News

by Felicia Hamilton, Holloran Center Coordinator

Jerry Organ, Associate Director of the Holloran Center, earned recognition as one the Top 20 Most Influential People in Legal Education by the National Jurist. From being a major player in the conversation that led to the revision of ABA Standard 303 to presenting at conferences on legal education and wellness around the world, Organ has been making major strides to advance professional identity formation and well-being for law students.

More details on this nomination are forthcoming upon the release of the National Jurist’s spring edition.

Neil Hamilton, Founding Director of the Holloran Center, was featured in the winter edition of the National Jurist. The article “What best prepares you for the practice of law?” by Sherry Karabin discusses the importance of experiential education. In this article, Hamilton is quoted regarding methods that encourage the thoughtful development of professional identity: “We think it’s…important that…educational experiences are coordinated in a progressive engagement of guided reflection over three years with the help of faculty and staff coaches.”[1]

Co-Director of the Holloran Center, David Grenardo, was interviewed by USA Today about the history of nepotism in the NFL prior to the 2024 Super Bowl. Drawing from his expertise in Sports Law, Grenardo highlights the contradiction between the perception of competitive sports as meritocratic and the existence of ownership structures that are decided by lineage or connections.

Speaking on the fact that 16 of the NFL’s 32 owners inherited their teams from family members, Grenardo notes: “’One of the reasons that these statistics may bother some people is that sports is supposed to be a meritocracy…The best players play on the team, and the team that plays the best wins. Meritocracy, however, applies to players, not ownership or coaching.’”[2]

 

[1] Karabin , S. (n.d.). What best prepares you for the practice of law? The National Jurist, 33(3), 9–10.

[2] Schrotenboer, B. (2024, February 8). Super Bowl is a reminder of how family heritage, nepotism still rule the NFL. USA Today. https://www.usatoday.com/story/sports/nfl/super-bowl/2024/02/08/super-bowl-nepotism-nfl-49ers-chiefs-kyle-shanahan-andy-reid/72488948007/

Debra Moss Vollweiler

No Difficulty Holding Both Logic and Feeling: Can the Barbie Movie Help with Women’s Professional Identity Education?

By: Debra Moss Vollweiler, Professor of Law, Nova Southeastern University Shepard Broad College of Law [1]

Hi Barbie! In the wake of the blockbuster Barbie movie in the Summer of 2023, women are embracing—or reembracing—women’s empowerment, including what many are calling a newfound freedom to express femininity. Like many across the country, I headed back to the movie theater in the summer of 2023 to see if the Barbie movie was as fun and meaningful as I’d heard. I didn’t expect it to change the way I think and teach professional identity in law school.

Thanks to ABA Standard 303(b) all law schools should be focusing on the development of professional identity for their students.[2] According to the Holloran Center, professional identity education “should involve an intentional exploration of the values, guiding principles, and well-being practices considered foundational to successful legal practice.[3]

Part of this exploration for students is helping them develop an accurate self-understanding of who they are and how their values guide them. But the exploration of professional identity for women has sometimes hit a speedbump. For many women law students, their system of values and principles that are connected to their gender and self-expression of that gender historically have been downplayed. In other words, even though professional identity education should be enabling students to fully examine who they are, what they value, and how that shapes their identity, some students are seeing that many women in the legal profession have had to keep key parts of their identity—as women—tamped down to fit into their professional environments. Such dissonance can be harmful to the professional identity development of women.

There are many obstacles to women discussing their gender as part of their professional identity. Some of these deterrents include:

  • Imposter syndrome by women lawyers, stemming from male-dominated work environments;
  • A lack of diversity (including gender) in leadership roles within the legal profession;
  • Women in leadership criticizing other women; and
  • Lack of systematic support for woman and their choices.

I wasn’t expecting a movie to help me teach women law students how to move past these obstacles, but it did.

What is the Legal Profession Modeling for Women?

In late 2022, a female lawyer in Ohio received a text (which has since gone viral) from a male attorney at her law firm.[4] She’d returned from maternity leave a few days earlier—a leave during which she was asked and expected to perform legal work. Shortly after her leave, she notified a partner that she was resigning and going to another firm. The text said: “What you did – collecting salary from the firm while sitting on your ass, except to find time to interview for another job – says everything one needs to know about your character. Karma’s a bitch. Rest assured, regarding anyone who inquires, they will hear the truth from me about what a soul-less and morally bankrupt person you are.”

While ultimately that male attorney was fired, it pulls back the curtain on attitudes some women in the legal profession face about their commitment to work as women. Not all women are mothers, but the same level of scrutiny is also focused by some on how all women are expected to speak, dress, and present themselves in the profession. Just recently, even as a 25+ year member of the academy, I recently faced a curious comment about my choice of jacket worn during an academic presentation. It wasn’t quite a compliment or a criticism, but I am certain none of the other presenters (all male) received any wardrobe feedback at all. It made me conscious of being a woman in a field where I have no doubts of my accomplishments nor of my professional identity. I couldn’t help but wonder what impact such a comment would have on a female student or new lawyer still developing hers.

There is no question that women in the profession are definitely struggling with their professional identity and that the struggle is impacting them and the profession.

The 2022 Survey of Women Leaving the Law presented a multitude of statistics on why women left top 200 law firms. The report largely debunked COVID and other family-first excuses that firms have been making to explain away the number of women failing to make equity partner status, or to stay in their employment. Instead, the focus was clearly on the difficulty women still have merely being women in the profession. Based on their interviews, the report suggested that to increase gender diversity retention in the profession, the profession needed to solve basic problems, such as ensuring that firms are giving women opportunities and amplifying their voices, providing women with a seat at the decision-making table and having a zero-tolerance policy for sexism. At the ABA National Summit on Achieving Long-Term Careers for Women in Law, Iris Bohnet, professor of public policy at Harvard Kennedy School, indicated some women leave because of a work culture that forces them to minimize important parts of their lives.[5] She noted that women who leave often ask themselves, “Can I bring my whole self to work?”

On top of that, Forbes reports on the large scope of the problem for women in the legal profession. “It’s not just less pay and fewer promotions. According to a recent survey… female lawyers, and especially women of color, are more likely than their male counterparts to be interrupted, to be mistaken for non-lawyers, to do more office housework, and to have less access to prime job assignments.”[6]

Women law students who are learning about professional identity are seeing that Forbes has also reported that the study indicated female lawyers have been penalized for their assertive behavior, even when part of the job. “Although assertiveness and self-promotion are often needed to succeed in the legal field, women often feel that they must walk a tightrope. If they are too assertive, then they are criticized for not behaving in a ladylike fashion. If they are not assertive enough, then they are often seen as lacking the confidence needed to succeed.”[7]

The struggle for women in the profession is still real, and as such, women need to know how to develop their professional identity to be able to face these challenges.

Professional Identity Education, and a (Re?)-Awakening to Gender in the Legal Profession

For students to develop their professional identity as lawyers, they need to understand more about identity formation overall. As has been written about professional identity, “Our identities are like icebergs. The large bulk of them lies invisible to us below the surface of consciousness…” The non-conscious bulk of identity is called “habitus.[8] A key in  understanding professional identity education is understanding that when “one’s habitus is in dissonance with the professional identity of one’s chosen profession”  a professional can struggle with both success and stress.[9] At the same time, we know that “the formation of a professional identity should be most significantly informed by and consonant with one’s personal identity—including one’s lived experience as a person of, among other things, a particular race, gender, or socioeconomic class.”[10]

This reflection tells me we need to recognize that there exists fundamental conflict between the idea of developing a professional identity as women lawyers and the workplaces in which we are going to enter with those identities accepting them as women.

So that brings me to my viewing of the Barbie movie. Imagine my delight and astonishment, mere minutes into the movie when I hear Lawyer Barbie exclaim, “This makes me emotional, and I’m expressing it. I have no difficulty holding both logic and feeling at the same time and that does not diminish my powers; it expands them! Imagine! Emotion as power! A world where we allowed our full humanity into spaces of collective decision making!”[11]

And I thought, “Well, here’s my professional identity education opener for my new students this fall.”

This is not the first time we’ve seen gender as a fundamental part of law student education coming from pop culture. Many women lawyers point to Legally Blonde in 2001—the final scene where she can “ditch the black and the pantyhose”—as a professional identity moment for Elle Woods that inspired many young women to go to law school. While it may have impacted the decision to attend law school for women, it didn’t quite make huge inroads into integrating a woman’s identity fully into the profession. So now twenty or so years later, here we are with Barbie.

Since the announcement of Barbie, we’ve witnessed the rise of unapologetic hyper-femme codes intertwined in mainstream culture.[12] We’ve heard the acknowledgement that being a woman is “literally impossible.”[13] So that leaves me with two questions in moving forward with professional identity for women lawyers—thanks to Barbie, is it now easier to talk about being a woman in the legal profession, and if not, can we make it easier?

Such questions about women and being able to be themselves as they enter the profession should be an integral part of professional identity education. And in the wake of this national conversation about women—sparked by a movie about a doll—making space and plans for women to discuss their femininity, their often-unique needs in the workplace as women, and how to incorporate those needs into professional identity education may be the key to long-term success for future lawyers.

Suggested Solutions for Teaching Professional Identity

When we teach women to be their whole selves as part of their professional identity, we lay the groundwork for both helping students use the full strength of their character and values to navigate the legal profession as it exists, and also lay the groundwork for changes in the profession in the future. While encouraging women to develop their identity in a way that enables them to navigate the bias that women can feel until a culture change can be made, we can also help all students work to change the culture.

Here are three suggestions in teaching professional identity for law students that can contribute to the success of women entering the profession, each inspired by quotes from the Barbie movie:

  1. Women hate women. And men hate women. It’s the only thing we all agree on.”—Sasha

Help students understand the current deterrents for women to express themselves as women that exist in the workplace, the full range of biases that women face and how all students can contribute to a workplace to eradicate those biases. Additionally, as part of the professional identity education, talk about what women can do without obvious leadership models or mentors. Analyze and discuss why women often keep other women down. You can also explore with students what supports are missing for women in the workplace and how do you develop your guiding principles even if they are missing. For students to truly learn to bring their whole selves to their profession to guide their formation, they must understand the profession itself.

  1. I worked very hard, so I deserve it!”—Nobel Prize Barbie

Explicitly discuss imposter syndrome. Don’t be afraid to include gender identity as part of the equation of why professionals can feel unworthy to be in a position which they have earned. Additionally, though, don’t be afraid to recognize the impact of systematic bias on women, and how it may cause imposter syndrome.[14] Talk about gender and how gender impacts your view of your world. Remind students that trying to please others by being someone else isn’t serving them or their clients. Instead, help them explore how to show up as themselves.[15] Normalize these discussions and help students deal with the problem now, and for the future.

  1. Why didn’t Barbie tell me about patriarchy?”—Ken

Pair professional identity education with cultural competency education. When students understand the struggles inherent to students from all backgrounds, it can help all students understand these issues. When students come to understand the challenges that women are facing in the workplace simply because they are women, it helps lay the groundwork for all members of the profession to change the culture in the future. Ensuring all members of the legal profession are aware of the biases that exist throughout the profession can help them develop as individuals to combat those biases.

I’m hoping that through professional identity education, in the words of Stereotypical Barbie, “By giving voice to the cognitive dissonance required to be a woman under the patriarchy, [we’ve] robbed it of its power,” that women can fully develop with their whole selves as part of the legal profession, and that we, in teaching professional identity, can guide them.

Debra Moss Vollweiler is a tenured Professor of Law at Nova Southeastern University, Shepard Broad College of Law, in Ft. Lauderdale, FL.

 

[1] This blog post arose out of a presentation made at the AALS Annual Meeting 2024 for the Women in Legal Education section.

[2] https://www.americanbar.org/groups/legal_education/resources/standards/.

[3] https://blogs.stthomas.edu/holloran-center/introduction-to-the-definition-of-professional-identity-and-the-formation-of-a-professional-identity/#:~:text=%E2%80%9CProfessional%20identity%20formation%E2%80%9D%20is%20a,foundational%20to%20successful%20legal%20practice.%E2%80%9D.

[4] https://www.businessinsider.com/lawyer-who-shamed-coworker-about-maternity-leave-text-fired-2023-1.

[5] https://www.americanbar.org/news/abanews/publications/youraba/2017/december-2017/aba-summit-searches-for-solutions-to-ensure-career-longevity-for/?login.

[6] https://www.forbes.com/sites/kimelsesser/2018/10/01/female-lawyers-face-widespread-gender-bias-according-to-new-study/?sh=70a20e2b4b55.

[7] https://www.forbes.com/sites/kimelsesser/2018/10/01/female-lawyers-face-widespread-gender-bias-according-to-new-study/?sh=70a20e2b4b55.

[8] https://www.regent.edu/acad/schlaw/student_life/studentorgs/lawreview/docs/issues/v27n2/10_Thomson_vol_27_2.pdf.

[9] https://www.regent.edu/acad/schlaw/student_life/studentorgs/lawreview/docs/issues/v27n2/10_Thomson_vol_27_2.pdf.

[10] Harmony Decosimo, https://scholarship.law.slu.edu/cgi/viewcontent.cgi?article=2321&context=lj.

[11] See the Barbie movie! Also, if you’re a critic of the SCOTUS decision in Citizens United, there’s another layer of commentary woven into Lawyer Barbie’s speech, which many movie goers didn’t catch.

[12] https://www.lofficielusa.com/fashion/barbie-hyper-femininity-ultimate-act-of-feminism-coquettecore-bimbocore.

[13] https://www.townandcountrymag.com/leisure/arts-and-culture/a44725030/america-ferrera-barbie-full-monologue-transcript/.

[14] https://hbr.org/2021/02/stop-telling-women-they-have-imposter-syndrome.

[15] https://www.2civility.org/has-your-professional-identity-morphed-into-something-you-dont-recognize/.

Natt Gantt

The Centrality of Spiritual Well-Being to Professional Formation

By: L.O. Natt Gantt, II,* Professor of Law and Associate Dean for Academic Affairs, High Point University Kenneth F. Kahn School of Law

In July 2023, I was pleased to moderate a discussion group titled “Professional Identity as a Search for Spiritual Well-Being—Helping Students Care for their Souls” at the Southeastern Association of Law Schools (SEALS) Conference. Having spent time reflecting on this session since last summer, I have been contemplating the depth and complexity of our task of helping students develop their professional identity. This task goes beyond encouraging students to engage in certain professional behaviors or even adopt specified professional values; it should involve helping them find purpose and meaning as they develop as a professional.

The session featured nine esteemed discussants: Professor Lisa Avalos from Louisiana State University; Paul M. Hebert Law Center; Professor Timothy Floyd from Mercer University School of Law; Professor Max Hare from Regent University School of Law; Professor Kendall Kerew from Georgia State University College of Law; Professor Kellyn McGee from Widener University Commonwealth Law School; Associate Dean David Miller from Liberty University School of Law; Professor Jerry Organ from the University of St. Thomas School of Law; Professor Lucas Osborn from Campbell University Norman Adrian Wiggins School of Law; and Carwina Weng, Senior Specialist in Professional Identity Formation at LSAC. My former colleague from Regent University School of Law, Professor Ben Madison, developed the idea for the session and asked me to moderate.

During the two-and-a-half hour session, we had a rich discussion that focused on: (1) why the topic of law student spiritual well-being is important to discuss; (2) how to define the term “spiritual well-being”; (3) what practices and strategies can help law students cultivate their spiritual well-being; and (4) what are the challenges to improving students’ spiritual well-being and what are positive ways to overcome those challenges.

I was enthused about participating in the group because my work in law student and lawyer well-being has underscored to me how exploring the topic of spiritual well-being is a key component to the well-being crisis we face in legal education and the legal profession. The National Task Force on Lawyer Well-Being’s groundbreaking 2017 report, The Path to Lawyer Well-Being: Practical Recommendations for Positive Change, raised this issue nearly seven years ago. In masterfully outlining an expansive definition of well-being, the Report defined well-being as “a continuous process in which lawyers strive for thriving in each dimension of their lives” and identified six dimensions of well-being: “emotional health, occupational pursuits, creative or intellectual endeavors, sense of spirituality or greater purpose in life, physical health, and social connections with others.”[1] More specifically, the Report defined spiritual well-being as “developing a sense of meaningfulness and purpose in all aspects of life.”[2]

Since 2017, many reports and studies have affirmed the reality of the well-being crisis in legal education and the legal profession.[3] Moreover, as Interpretation 303-5 in the ABA Standards for Approval of Law Schools stresses, the relationship between well-being and professional identity formation is clear. The Interpretation provides, “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.”[4]

Regarding spiritual well-being specifically, social science and physiological research has found that spiritual and religious belief and practice can have significant health benefits. For instance, the Harvard T.H. Chan School of Public Health and the Harvard Human Flourishing Program have conducted extensive research on the relationship between spirituality, most notably religious service participation, and well-being. This research has found that “the communal aspect of religion, namely service attendance, was inversely associated with various factors related to despair (e.g., lower risk of suicidality, heavy drinking, substance misuse, and depression)” and was “positively associated with psychosocial well-being outcomes, such as greater purpose in life.”[5] In addition, this research found that individuals who attend religious services at least weekly were significantly less likely to die from “deaths of despair,” such as deaths related to suicide, alcohol poisoning, and drug overdose.[6] The researchers point out that the social support individuals experience from such attendance explains only about a quarter of the effect and that religious community participation is a stronger predictor of health and well-being than other forms of social support.[7] The researchers thus opine that religious participation enhances health and well-being by providing individuals with a sense of “hope, meaning, and purpose in life.”[8]

Yet, despite the abundant research on well-being, the regulatory changes in the ABA Standards, and the ensuing well-being initiatives adopted in law schools and legal professional settings, the topic of spiritual well-being is often overlooked. It no doubt may be a difficult topic to discuss. Some may view the topic as only associated with a religious worldview and conclude that many lawyers and law students would not be interested in the topic because they do not come from a specific faith tradition. Others might similarly claim that most law schools are not faith-based and may face programmatic resistance to such efforts because discussing spiritual well-being could be perceived as imposing religious values. Still others might avoid the topic by asserting that it is difficult to measure and assess the success of efforts to cultivate spiritual well-being because the concept is too vague to fall within the proper purview of legal education. Finally, others might contend that students may have had negative experiences with religious communities in the past and therefore may be resistant to spiritual topics.

As the discussants in the session noted, each of these understandable concerns, however, does not override the importance of spiritual well-being as a foundational topic all law schools should consider in their professional formation efforts. The concerns about ties to specific religious worldviews and faith traditions belie the expansive definition in the National Task Force Report itself, which focuses on meaning and purpose with no expected connection to a specific faith tradition. The concern regarding measurement and assessment relates to professional formation generally, and many readers of this blog have already developed innovative and successful ways to assess professional formation in their students which could be adapted to assess spiritual well-being. Finally, the concern regarding negative experiences with religious communities relates to the first concern and can be addressed by honest and transparent discussions about these realities while recognizing that discerning meaning and purpose in life must not be shelved because of the troubling actions of some.

As we seek to shape students who are well and grounded, discussing spiritual well-being thus must be part of our professional formation process. Discussant David Miller powerfully observed that professional identity is downstream from personal identity. Even at the graduate, professional law school level, some of our focus must be on helping our students find purpose and meaning.

So what does it mean to help our students enhance their spiritual well-being? Here, the Task Force Report’s definition of spiritual well-being represents only a starting point. “Meaning and purpose” can be completely self-defining and self-serving. As I reasoned in our session, helping students find spiritual well-being must be more than affirming students who, for instance, find their meaning and purpose solely in making money so that they can accumulate physical possessions. Meaning and purpose must include more. That pursuit must connect to something beyond oneself—to the pursuit of justice, to the service of others, to the love of fellow humans, to the connection to the eternal and transcendent.

In her recent book The Awakened Brain: The New Science of Spirituality and Our Quest for an Inspired Life, Professor Lisa Miller at Columbia University describes extensive studies of the brain which find that spiritual and religious belief and practice have significant mental health benefits. She does not offer a precise definition of spirituality, but her research clearly supports a broad conception of the term, not tied to specific religious traditions.[9] At the same time, her research does not support a conception so broad as to include anything in which an individual might find purpose and meaning. Her research specifically traces the mental health benefits to when individuals experience a connection to someone or something beyond themselves—“a feeling of oneness with the environment or the divine; a sense of their own individual voice or identity dissolving into something larger around or beyond them.”[10] She writes that individuals with an awakened, healthy brain have experiences “involv[ing] self-transcendent awareness and relationship [which] induce a feeling of unity or closeness whether or not the content is explicitly relational [with other people].”[11]

The point in sharing Professor Miller’s words is not to advocate that law schools should create such experiences as part of their curricula. However, we are educating students who are confronting a well-being crisis in our profession and in our larger society,[12] and we must educate them on the mental health benefits of spirituality. In our discussion group, discussants presented strategies for how to enhance our students’ spiritual well-being, such as offering students more wholistic mentoring and opportunities for meditation and prayer, exposing students to moral exemplars who can encourage students’ pursuit of vocational purpose, having students write a statement of purpose or their personal philosophy of lawyering, and providing students with tactics they can use to better understand themselves and what values most inspire them.[13] The particular strategies a school adopts can and should vary based on the particular missional context in which each of our schools operates. Nonetheless, as we begin another year, I challenge our professional formation community to work collectively and creatively to help our students become spiritually well by finding purpose, meaning, hope, and connection in their vocational calling. If you have any questions or comments about this blog, please feel free to contact me at ngantt@highpoint.edu.

 

* Natt is Chair of the ABA Commission on Lawyer Assistance Programs Well-Being Pledge Committee and a member of the Research & Scholarship Committee of the Institute for Well-Being in Law.

[1] National Task Force on Lawyer Well-Being, The Path to Lawyer Well-Being: Practical Recommendations for Positive Change (Aug. 2017), at 9, https://lawyerwellbeing.net/wp-content/uploads/2017/11/Lawyer-Wellbeing-Report.pdf. In a diagram summarizing these six dimensions, the Report identified them as “Emotional, Occupational, Intellectual, Spiritual, Physical, Social.” Id.

[2] Id.

[3] See, e.g., “It is Okay to Not Be Okay”: The 2021 Survey of Law Student Well-Being, 60 Univ. of Louisville L. Rev. 441 (2021).

[4] Standards and Rules of Procedure for Approval of Law Schools, Am. Bar Ass’n, ch. 3 (2023–24), https://www.americanbar.org/content/dam/aba/administrative/legal_education_and_admissions_to_the_bar/standards/2023-2024/2023-2024-aba-standards-rules-for-approval.pdf (emphasis added).

[5] Ying Chen et al., Religious Service Attendance and Deaths Related to Drugs, Alcohol, and Suicide Among US Health Care Professionals, 77 JAMA Psychiatry 737, 738, 742 (2020) (citing studies).

[6] Id.

[7] See Tyler J. VanderWeele, Religious Communities and Human Flourishing, 26 Current Directions in Psych. Sci. 476, 478-79 (2017).

[8] Chen et al., supra note 5, at 738; see also id. at 743.

[9] As one example, Professor Miller’s brain research found “the moments of intense spiritual awareness were biologically identical whether or not they were explicitly religious.” Lisa Miller, The Awakened Brain: The New Science of Spirituality and Our Quest for an Inspired Life 162 (2021).

[10] Id. at 157.

[11] Id. at 161.

[12] See Madeline Holcombe, Welcome to the ‘new normal’ of people expressing low levels of well-being, according to a report (January 18, 2024), https://www.cnn.com/2024/01/18/health/gallup-well-being-2023-wellness/index.html.

[13] Specific approaches included having students work through self-assessment inventories, such as the VIA Character Strengths Survey and the exercises in Neil Hamilton’s book Roadmap: The Law Student’s Guide to Meaningful Employment.

Toni Jaeger-Fine

Introducing the Second Edition of Toni Jaeger-Fine’s Becoming a Lawyer: Discovering and Defining Your Professional Persona (2023)

By: Toni Jaeger-Fine, Senior Counselor, Fordham Law School; Principal, Jaeger-Fine Consulting

Jaeger-Fine’s concept of the Legal Professional Persona refers to a set of attitudes and behaviors that enable success and flourishing in the profession. As legal educators, students, and professionals, we tend to focus on legal knowledge and technical skills to the exclusion of these attributes that comprise the professional persona. The touchstone of cultivating a strong and sustainable professional persona is intentionality, and the goal of this book is to make each of us more deliberate about how we develop and nurture our professional identity.

This second edition is the product of conversations with, and feedback from, hundreds of law students and legal professionals, and the author’s own lifelong journey toward building and refining her own professional persona.

The book is divided into three main parts, reflecting the pillar of the professional persona: fundamentals; self-management; and relationships.

Fundamentals introduces the concept of the professional persona and its importance, discusses the state of today’s legal profession, and identifies the building blocks of a professional persona. In particular, this part examines how we move through stages of competence, the need to create sustainable habits and tools for doing so, the primacy of social and emotional intelligence, and the importance of leadership as a mindset and general orientation rather than a matter of position in a hierarchy.

Self-management—professionalism from the inside—addresses a range of issues relating to mindset and dispositions (such as a positive mindset, commitment to excellence, and character), time management and organization, and well-being. This part also offers a practicaand mindset approach to a sustainable form of well-being.

Relationships—professionalism with the outside—considers working with others, which embraces among other things the importance of inclusive thinking and controlling our cognitive biases, effective communication, managing up and down, and business development and client management. This part also covers talent management, development, and retention, including how to accelerate diversity, equity, and inclusion. In addition, this part addresses ensuring that our public professional persona promotes our own professional identity, the goals of the institutions with which we are associated, and the profession more generally.

The book is eminently readable, and most chapters end with a series of questions for reflection, making this book readily adoptable for professional identity courses. Becoming a Lawyer: Discovering and Defining Your Professional Persona is available from West Academic or on Amazon. Please feel free to email me at tfine@fordham.edu if you have any questions or comments.

Felicia Hamilton, Jerome Organ

“We’re Always Shaping People”: Podcast Interview with Jerry Organ, Co-Director of the Holloran Center

By: Felicia Hamilton, Holloran Center Coordinator

Jerry Organ, Bakken Professor of Law and Co-Director of the Holloran Center for Ethical Leadership in the Professions, University of St. Thomas School of Law

Our very own Co-Director of the Holloran Center for Ethical Leadership, Jerry Organ, was recently featured on the Legal Docket segment of the podcast The World and Everything in It: September 11, 2023 Episode. Legal correspondent Jenny Rough speaks with Organ, along with hosts Mary Reichard and Nick Eicher, about the revision to Standard 303(b), which encourages law schools to provide opportunities for the development of a student’s professional identity.

In the interview, Organ emphasizes the importance of identity formation in a career that is focused on serving others:

Law school… [is] about developing a specialized knowledge base and a specialized set of skills that are directed toward serving others. So, part of professional school really is a shift from a kind of a self-focus to now acquiring knowledge, acquiring skills. I’m going to shift from being a student absorbing information to a lawyer who’s now serving others.” [1]

He also highlights the need for law students to have the opportunity to discover and test out their professional interests along with the importance of being able to process those experiences with a faculty mentor or advisor, noting that at the start of second and third years of law school there is a rich opportunity to help students process their summer experience and then plan for next steps on their journey.

Organ also speaks to the importance of having courses like St. Thomas’s Serving Clients Well intensive, which highlights communication and relationship skills and encourages students to focus on client service and to act in accordance with their values.

According to Organ, law schools arealways shaping people. We just have tended not to be very thoughtful about it. And what this new movement is really talking about is trying to help us as law professors and people involved in legal education be more intentional about what it is we want to be communicating to our students about what it means to be a lawyer.”

Listen to the full podcast episode and read the transcription here! The interview can be heard starting at 08:45.

[1] Rough, Jenny. “Legal Docket: Law and service.” The World and Everything in It, World News Group, September 11, 2023, https://wng.org/podcasts/legal-docket-law-and-service-1694291807.

Jerome Organ is the Bakken 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

Felicia Hamilton is the Coordinator for the Holloran Center for Ethical Leadership in the Professions at the University of St. Thomas School of Law.