Pictured (from left) are Judge Carlos Moore, Navan Ward Jr., Douglas K. Burrell, and Reginald Turner. Photo from the American Association for Justice, as published in the ABA Journal.
As Black History Month 2022 draws to a close, we thought we’d highlight a historic first spotlighted in the ABA Journal. For the first time in history, African Americans are leading four major national bar associations at once: The American Bar Association, American Association for Justice, the National Bar Association, and the Defense Research Institute.
As law firm leaders grapple with the Great Resignation, this ABA Law Practice Division articleemphasizes the importance of relationships and connections as the key to retention. Of course, creating the culture of connection necessarily means that leaders need to be ensuring that all members of the firm are feeling connected and valued, not just the members with whom they feel most comfortable:
As we celebrate Black History Month, we wanted to share with you a fantastic resource put together by the American Bar Association. Although some of these may be familiar to you, they are wonderful resources when looking for example for leadership classes or presentations. We hope that you can take a few moments to check these out and consider working them into your presentations.
If leadership development is a life-long learning process, can a one-week intensive intersession leadership course possibly be effective for law students? Spoiler alert – yes it can!
“I thought the course would be lectures about lawyers who are leaders.” “I thought the class would tell us we had to adopt a particular leadership style or have a particular talent.” “I thought you had to be born a natural leader.” “I never considered myself a leader before.” These were common myths and comments of students as they reflected back on the Lawyers as Leaders intensive one-week course during the winter intersession.
Instead, after completing the course, students learned that leadership is a skill that can and should be taught in law schools. They discovered that leadership is not an innate ability, title or trait. They began to develop their leadership skills through practice, feedback, and reflection.
The course focused on leading self, leading others, and leading change. Although time was limited, threads throughout the course included self-discovery and relationships. Students realized leadership is personal and requires trust. Students engaged in self-assessments, role-playing, reflections, and working in teams. At the core, students focused on their sense of purpose (their “why”), their values, their identities, their preferences as well as others, their strengths and blind spots, and what they envisioned as their leadership philosophy and legacy.
Class began with students sharing their #ThisIsMe assignment that included their responses (including pictures) to several prompts (what do you find challenging, what are you proud of, what is something that scares you, what is your theme song, what is a fond childhood memory, etc.) Their generosity, courage, and vulnerability in sharing their responses developed trust and connections with everyone in the class that grew stronger each day of the course. They grappled with defining what leadership means and went on to explore leadership theories and styles, personality preferences, well-being, fixed v. growth mindset, grit and resilience, the gift of feedback, emotional intelligence, conflict styles and difficult conversations, characteristics of inspiring leaders, inclusive leadership, and the impact of leadership.
While the breadth and depth of each concept may have been more of an introduction than a deep dive, the one-week course was a start for students on their life-long journey of leadership development — like a train leaving the station and traveling along a track. The journey may be different for each student. I was grateful to be a small part of their leadership journey — like a conductor on a train full of different passengers.
Thus, I ended class with a clip from Polar Express when the conductor (Tom Hanks) punches the train tickets of several children as they board the Polar Express on their way home from their journey to the North Pole. The conductor had previously punched two letters in each of the children’s tickets at the beginning of the journey to the North Pole. Then, when the conductor punches their tickets on the return trip, the holes in the ticket become a word or phrase representing a message the child has learned. As they board the train for the return trip, the first child’s ticket that the conductor punches holes in spells the word “Learn.” The holes the conductor punches in the ticket of the next child spells the phrase “Depend On” then it magically changes to “Rely On” then “Count On.” The holes punched in the ticket of the third child spell out the word “Lead” (“as in leader, leadership, lead the way”). The ticket of the last child spells “Believe.” These tickets summed up several leadership lessons in the course, no matter the length of the journey: leadership can be learned; trust is essential; leadership is not about a title but about the action to lead; and finally, believe you are a leader, that you can continue to develop leadership, and that your leadership will have an impact.
Perhaps because students were immersed every day, all day, for a week, learning about leadership that many remarked that the connections they made, and the impact of the course felt deeper than a semester-long course. It may not be the length of the journey that matters (the journey on the Polar Express was only one night), it is the lessons learned along the way. Don’t hesitate to get on board the train.
The Dark Side of Goal Setting: Ethical Pitfalls for the Unwary
In the last two weeks we applauded the practice of goal setting – whether helping law students create a plan of action for doing their best work or leading colleagues through a formal strategy to imagine the next 12 months or 10 years. Setting goals is important for a variety of reasons. Creating goals furthers one’s professional development and career advancement. Procedures for establishing and assessing goals are necessary for an organization’s efficient operation. Aligning goals with one’s values and passions promotes wellness and can lead to living one’s best life.
Goal setting also can lead to actions that are dishonorable, unproductive, or harmful. There is a dark side to human behavior when goals are unattainable or performance falls just short of what appears to be a reasonable goal. Goal setting that is too aggressive can lead to unethical behavior, including a lack of independent judgement expected of lawyers.
When faced with the possibility of failure, some may cut corners to meet a goal. Meeting an expectation may be more important to a prideful or insecure person than staying true to their underlying principles and values or even the overall or long-term goal. Unaddressed habits of shortcuts will have consequences, sooner or later. An organization with a culture that tolerates a lack of accountability – or worse encourages dishonesty – cannot have a happy ending. The fall of Enron Corporation is a prime example. In Chapter 9: Setting Goals of Fundamentals of Lawyer Leadership, we discuss Enron:
Leading up to [Enron’s] filing for bankruptcy, $320 million in bonus payments and other special cash distributions were paid to Enron executives in accordance with performance-based programs. Prosecutors argued that the executives’ unethical decisions and behavior (setting up shell entities to hide financial losses, etc.) could be traced to large bonuses paid based on the financial performance of the organization. The corruption that ruined lives and toppled a global powerhouse organization ensued from incentivized, performance-based goal setting in an environment devoid of ethical leadership at the top.”
In Chapter 12: Integrity and Character, we return to a discussion of lawyers associated with Enron who failed to ask hard questions or take initiative to investigate when something should have been questioned. Mechanical or rigid goals can dehumanize an organization’s operation and treat employees as if they are merely a cog in the wheel with no allowance for independent judgement or individual action. When lawyers work to simply follow orders or approach their duties with an attitude of meeting minimum expectations, our profession is failing to meet our duty in ABA Model Rule 5.4, Professional Independence of a Lawyer. Lawyers have a higher obligation to society to maintain direction and control of our professional judgment, regardless of the goals set before us. Lessons from Enron must not be forgotten.
Missing the mark, falling short of a goal, has other consequences for those who fail to manage failure in a healthy manner. Without this ability to fail gracefully, some internalize failure, even minor shortcomings, as a condemnation of their entire self-worth. These tendencies are exacerbated when cognitive abilities are taxed, as they often are during law school and beyond. Exhaustion and stress can distract us as we struggle to survive, preventing us from checking behavior against values and professional duties. Failure can also be a challenge for individuals who are used to success, as is often the case with law students. Throughout our course we look for opportunities to normalize failure so that students accept failure as necessary to growth. We teach our students to view failure with a growth mindset.
With the right approach, setting goals and measuring performance accordingly allows organizations to improve operations and meet desired objectives. Personal and professional goals establish a roadmap for creating a more intentional, purpose-driven life. But with any plan, roadblocks, detours, or changes in destinations should be expected and accommodated without compromising principles and purpose, regardless of the pressures and influences along the way.
Ethical obligations should be part of any analysis to weigh the costs and benefits of actions. We know our students will face difficult decisions as they enter a stressful, bottom-line-oriented profession. We also know work-life balance is a strong personal motivation. By emphasizing ethics and values, we will better equip our students and young lawyers to make the right, or better, choices. If we teach students to prioritize them, hopefully they will continue to do so when the stakes are high, such as when a lucrative fee, sizeable bonus, or their future is on the line.
In our last post we encouraged our readers to make time for setting and evaluating goals and to help law students (and young lawyers) do the same. In this post we provide resources for use with the SMART technique (Specific, Measurable, Achievable, Realistic, Timely) for goal setting. We include the SMART technique in our textbook, Fundamental of Lawyer Leadership. In fact, we included it twice. We introduce students to the SMART goal-setting method in Chapter 9, Setting Goals, and we return to it in Chapter 20, How Leaders Manage Effectively, when discussing the importance of delegating and offering suggestions for how to delegate successfully.
Searching for goal setting advice offered to lawyers led to articles also recommending the SMART technique. I particularly liked Lawyer Personal and Career Goals because it starts with the question,
“’[W]hat’s your why?’ What kind of life do you want? … What impact do you want your work to have? Behind all those questions is your ‘why.’ It’s what gets you up in the morning and propels you through your day.”
The “why” should be the basis for setting goals and the control for evaluating actions.
Since the SMART technique is mentioned in all, I did some digging to learn more about its origin. Some sources suggest the renowned Peter Drucker should be credited with its creation based upon his 1954 book “The Practice of Management.” Drucker, credited as the father of modern business management, believed management involved creating systems to set objectives and evaluate performance as part of a wholistic approach to building effective and responsible organizations and institutions. Drucker, born in Austria and raised in Germany, earned a Ph.D. in International Law in 1932 and moved to America two years after some of his work was banned and burned by the Nazi. As with all of us, Drucker’s teachings were influenced by his life experiences. He believed “[m]anagement, practiced well,” was necessary not only for the successful functioning of a company but also as the “bulwark against evil” he witnessed in society. I think Drucker would approve of our efforts to equip law students to be ethical lawyers who own their obligation to be the guardians of democracy.
The first published article using the SMART acronym appears to have been written by George Doran, Arthur Miller, and James Cunningham for the November 1981 issue of Management Review, titled, “There’s a S.M.A.R.T. way to write management’s goals and objectives.” Written for business managers to assist with being more thoughtful about setting out a plan to accomplish an objective, they encourage these 5 considerations for each goal:
Specific – target a specific area for improvement.
Measurable – quantify or at least suggest an indicator of progress.
Attainable – specify who will do it.
Relevant – state what results can realistically be achieved, given available resources.
Time-related – specify when the result(s) can be achieved.
We hope you will share with us the ways in which you incorporate the SMART technique into your work to better prepare law students and lawyers for leadership.
Here is to a new year that bring less disruption and more togetherness!
January is a time when lots of people contemplate resolutions for the new year – a goal setting exercise of sorts. For those of us whose work calendar is tied to the academic year we have two additional times to routinely consider our goals and set objectives and action steps. We spend time each summer to construct plans for the fall or perhaps the entire academic year. In early winter we plan for the upcoming spring term. We are devoting this month to tips for effective goal setting practices.
Some of us are already regimented goal setters. Using daily planners, some gain a sense of security in the process of organizing daily tasks to be allocated across the precious few waking hours each day. Others prefer to view the weeks and months ahead as milestones to measure progress in the near future. This time of year, some think about last year’s New Year’s resolutions (i.e., whether met or still outstanding) before deciding the focus of efforts for this year. Still others engage in a retreat-like phenomenon to consider their next big direction in life. All these processes are goal-setting exercises, whether recognized as such or not. If any of these describe you, we hope what we offer will provide new resources to consider and a reason to assess your own goal setting routine.
For those who believe life is best lived by embracing spontaneity, we will offer advice for strategic engagement that is comfortable and productive. Dreams of great works without a plan of action can strand you in a state of unfulfilled potential and leave you longing for answer to the question of what if I had done this or that differently. Whatever our personality, we all benefit from setting aside some time periodically to consider our priorities and imagine great accomplishments and meaningful impacts that allow us to leave a desired legacy.
The same is true of our law students. Students commonly and falsely believe that their life will never be busier than their challenging-to-overwhelming time in law school. We know there is little truth in this assumption. As we seek to provide a more holistic approach to preparing our students for success and impact, we should make time to address the benefits of goal setting and offer suggestions for practices.
We already use goal setting techniques when we counsel students. For example, if a student seeks advice about how to make a good grade in a particular class (or a better grade than before), then they have stated a goal. We then help them to create a plan of action to accomplish the objectives that must be met in order to achieve the goal (i.e., sufficiently preparing for each class, reviewing and outlining material, studying for the exam, etc.). Many of our students come to law school with an understanding of the importance of the process and how to do it. Some do not and need additional assistance.
Whether the goal is passing a class, graduating summa cum laude, making a mock trial team, or winning an election as student body officer, providing students with instruction on goal setting is beneficial to them now. They will better manage their time and achieve more success in law school. If we help students develop the habit of setting goals and periodically assessing their progress while in law school, we give them one more tool to use on their journey to success and satisfaction in life after law school.
Leah Teague, Patricia Wilson, and Stephen Rispoli are presenting about “Developing Law Students and Faculty Who Can Lead Diversity, Inclusion, and Equity Efforts” in today’s AALS Associate Deans for Academic Affairs and Research Section session. We will be discussing how leadership development programs can help prepare students for their role as leaders in society. If the proposed amendment to ABA Standard 303 (b) is adopted, all law schools will be required to “provide substantial opportunities to students for … (3) the development of a professional identity.” Lawyers’ role as leaders in society IS a fundamental part of lawyers’ professional identity and leadership programs and courses help with that training.
A well-developed leadership program also addresses important societal issues. The session today will focus upon the need for law schools to address issues of diversity, equity, inclusion, and antiracism. As part of our presentation, we will discuss proposed amendments to the ABA’s Standards that, if adopted, will require all law schools to provide education to law students on bias, cross cultural competency, and racism.
The virtual session, which includes several panel discussions, takes place today, January 5th, from 3:10-6:00 p.m. ET, and we’re up first! Log in to the AALS 2022 Annual Meeting to join us.
What happens when we repeat the same behavior or action over and over again?
Nothing new! The outcome is the same.
We know that, and yet sometimes we find ourselves stuck in a rut and have to learn that lesson again. What are we missing? Adopting a regular practice of reflection can help us learn and move forward to make the difference we seek. Reflective practice, like Aristotle’s practical wisdom, is built on the process of assessing an experience for the purpose of learning from it.
Some law school programs, such as legal clinics, routinely incorporate reflective practice into their training. As Professors Jodi Balsam, Susan Brooks, and Margaret Reuter noted in Assessing Law Students as Reflective Practitioners:
The end of any period (such as the end of fall classes or the end of 2021) is an ideal time to be thoughtful and reflective before embarking on your next round of activities and duties. The challenge is finding time in the busyness of life to put that into practice. We encourage you to set aside the time to reflect, analyze, and plan for your future.
Challenge for December:
Pick one activity in your life you wish were better/stronger/different and set aside one hour to reflect, analyze and plan.
Building upon our gratitude focus last month, December provides an ideal time to send a holiday message to one of your groups (students from your fall class, colleagues, family or friend group). Before sending the message, reflect on your relationship with that group and then write a message that feels most appropriate. Your message could be sharing your appreciation for that group because of the significant role they play in your life and then suggesting your next interaction with them. You might use the message as an opportunity to reach out to heal a past hurt or clear up a misunderstanding. The possibilities are many! The message should be whatever your think best after thoughtful contemplation about the relationship.
Stephen Rispoli
Assistant Dean of Student Affairs and Strategic Initiatives
Director of Innovation and Scholarship, Executive LL.M. in Litigation Management
Baylor Law.
Pat Wilson
Associate Dean and Professor of Law Baylor Law.
Liz Fraley
Professor of Law
Co-Director,
Executive LL.M. in Litigation Management
