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Leading Through Victory and Defeat

By Liz Fraley

As I write this, our nation waits anxiously for who will win the presidential election. I use the word ‘win’ advisedly, as it seems difficult to conceive of a result that will be accepted with grace and unification by those on the ‘losing’ side. Bitter disputes make for more difficult times after resolution, and this is as true in a legal setting such as a trial as in this electoral cycle. The participation trophy does not apply; these are binary situations in which there is a winner and a loser. The challenge for leadership, then, lies in how to proceed in such a deeply divisive and potentially disappointing time.

For the winner, leadership requires modeling grace and conciliation. While victory feels good, the real challenge is moving forward in a way that recognizes the struggle and humanity of your opponent. We learned the lesson of punitive victory following World War I with the Treaty of Versailles. WWI’s victors felt the need to exact retribution from the Germans, placing a crushing burden on the country both financially and emotionally. This was an understandable desire given the unbelievable toll of the war, but the consequence was another more horrific war. We will never know how world events would have unfolded with a more conciliatory plan to move forward; we know with irrefutable evidence the damage that a cruel victory exacted.

Lawyer are experienced in situations where there are winners and losers.  Whether in trial or negotiating a deal, there likely will be a winner, and the party on the losing side may reel at the impact of that decision. Sometimes the impact is financial; sometimes it is emotional; oftentimes it involves both. Lawyers can play a vital role in helping colleagues, friends, families, and communities find a graceful way to move forward and bring healing to what is a difficult situation for both sides.

What of the losing party: how do you deal with difficult news you did not want to hear? How as a lawyer do you advise a client or bolster the morale of a team? This requires true courage and thoughtfulness. First, you have to help the team and client accept the outcome, especially if it represents the true end of the road. In many ways, accepting a known outcome, albeit difficult, is easier than one which remains uncertain. Second, debrief and learn the lessons of the loss. This may mean examining processes or leadership decisions; it may simply require an understanding that lawyers are not in the outcome control business. Either way, help your team learn, accept, and move on. Finally, have a plan for going forward. More senior lawyers can help younger lawyers, and law students, learn how to bounce back and developing resilience as a team strength happens most effectively following a loss. Success is not about how high you bounce, it is about how high you bounce back after hitting bottom. A team that cannot bounce back is fundamentally flawed; leading your team back to confidence is vital.

Our country will need to internalize these leadership lessons in the coming months. No one will ‘win’ this election if we do not learn that we must come together for the country, not for an individual or ideology. Our leaders, whoever they may be, will win only if they reunite the country rather than divide them more deeply. The current course is not sustainable; we must move forward with the help of strong and compassionate leadership.

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Am I enough?

By Leah Teague

During this time of crisis, many are understandably experiencing disconcert, anxiety, and/or a sense of isolation. In an effort to promote the practice of gratitude, we joined #ThankfulThursday and began posting videos of Baylor Law faculty and staff sharing what makes us grateful. As found by ‘positive psychology research, gratitude is strongly and consistently associated with greater happiness. Gratitude helps people feel more positive emotions, relish good experiences, improve their health, deal with adversity, and build strong relationships.’ Harvard Mental Health Letter (updated on June 5, 2019).

I kicked off our first #ThankfulThursday on April 2 by expressing gratitude for the many blessings in my life, from my personal family to my professional family – that which we call the Baylor Law family. Then a few nights later, during a restless interval in the middle of the night, I sent all our students an email. Knowing that we ask much of our students even during normal times, I wanted to share with them a sense of togetherness and an understanding of our common concerns during this unprecedented time. Here is the message I sent them:

‘On Thursday, I shared what I am thankful for. Now for what keeps me up at night…

Am I doing enough? Am I enough?

I battle with these feelings often, but I share what is on my mind tonight.

Am I enough?

To my 83 year-old mother who has Alzheimer’s and other underlying health conditions and doesn’t understand why I can’t give her a hug. She spent her life devoted to caring for others. Whoever needed her most that day – my dad, my three siblings and I, then our kids, and, all the while, other family, friends and neighbors when we were not in need. She would lay down her life for any of us … or you, and yet now she doesn’t understand why I can’t come in and stay when I drop off food or groceries. Why none of us can. The loneliness of that disease is torturous in the best of times.

To my young grandkids who must think I have abandoned them during this time of COVID-19 quarantine. My four-year-old grandson says “Mimi, when you aren’t sick anymore, you can hold me. He doesn’t understand I am not the one who is sick – at least I don’t think so. His brother, the six-year old, just wants to know when he can come over and spend the night again … the way they used to. And I am sure the grandkids in East Texas don’t understand why they didn’t get the box of Fruity Pebbles in the Amazon shipment received when we asked what we could send them. Unlike many of the other popular cereals, it was available, but at  $12.95 a box? Really? Seriously! There ought to be a law, wait, there is!

To other family and friends, who are also struggling with isolation, illness, insecurities and uncertainties. How can I be there for them? I want to! If only I could. Virtual formats can’t replace sitting with someone as they cry while you hold them.

To our students who need someone to ease your anxiety, to reassure you and to help with your burdens. I wish I could be there to do something, to tell you how much we believe in you! That you are a child of God and therefore loved.

In times of uncertainty about my abilities and questioning my insecurities, I often look to others for inspiration. Here are some I found tonight on a website:

Helen Keller:   Lost her sight and hearing due to a mysterious fever when she was only 18 months old. She overcame her deafness and blindness to become a strong, educated woman who   spoke about, and promoted, women’s rights.  

Winston Churchill:   Overcame a stuttering problem and poor performance in school to become Prime Minister of the United Kingdom and one of the most influential political leaders of the twentieth century. He was also known for his powerful and rousing speeches.

Wilma Rudolph:  The Olympian born prematurely, the 20th of 22 children. She overcame double pneumonia, scarlet fever and polio to become winner of three Gold medals in track at the 1960 Rome Olympic Games

. . .

J.K. Rowling:.   Born to a poor family; left a bad marriage with a young baby to live on government assistance; wrote her first Harry Potter book and was turned down by most publishers until Bloomsbury Publishing picked it up. Need I say more?

Determination, resilience, and  persistence   enabled all of these great people to push past their adversities and prevail. If they could do it, surely the rest of us can summon the strength and courage to do overcome our adversities!

From  https://www.essentiallifeskills.net/overcoming-adversity.html

I know this period has been a challenge for all and for some an extremely difficult period. While we know it is temporary, that does not ease the burdens you carry now. Please know that we are here for you to help as we can. It may not offer sufficient solace now, but my many years of experience allows me to assure you that someday this difficult time you are experiencing now will allow you to better serve a client, assist a friend, comfort a loved one or help a community. And we know that as Baylor Lawyers you will do all those and more.

Hang in there. Be safe and be well.’

– LWJT

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Where were you when legal education went virtual?

By Leah Teague

We were on spring break! In past years, I might have been glowing in the sun (literally, glowing from too much sun on my fair skin despite my best attempts to heed my doctor’s warning); in other years, we were skiing in the mountains. But not this year. I was in Waco preparing for the Baylor Law Vision 2020 conference, working on our textbook, and trying to whittle down that ever-growing To-Do pile. It was not going to be a leisurely week no matter what! But a pandemic was not in the plan. Spring Break 2020 will forever be remembered for COVID-19.

On March 11, Dr. Linda Livingstone, our University President, announced the University would take an extra week of Spring Break and that we should be ready to start teaching online March 23rd, making up the lost week before finals. The extra week off caused us concern with only 4 weeks left on our quarter system (we normally have 9 weeks of class with 70-minute class periods). Making up a full week’s worth of classes in the remaining 4 weeks amidst all the other challenges would have been nearly impossible! So, true to the Baylor Law spirit, our law faculty sprang into action and began teaching using online platforms the following Monday with only 5 days to learn technology that most had never heard of (like Kaltura, WebEx, and Microsoft Teams). A few understood WebEx but who knew you could narrate PowerPoints?! Yes, a few classes needed extra days to get up and running, but oh my goodness, did they rise to the challenge! Converting a traditional brick and mortar law school to a virtual one in five days – WOW!

Like all of you, we at Baylor Law are now fully online AND our faculty is serving as the front line for communication with their students to offer help and support for those in need. I have seen hard-nosed professors reach out to individual students to listen, counsel and advise or direct those struggling. They are making a difference in the lives of their students and I am so proud! Together we will get through this!

Kudos to the faculty and staff across the country who are working so hard to make it happen! We are witnessing countless examples of leadership in action!

We’re now in our third week of online classes. Our faculty have been meeting (virtually, of course) every few days to make important decisions. We decided early on to stay with our grading system and to address accommodations on an individual basis. Because we are small – student population of 430 – we are better equipped to manage this decision. We spent the last three weeks determining what adjustments we can make to our policies and procedures to help our students. We quickly extended the exam period and doubled the normal number of reading days. Instead of our typically tight exam schedule, they now have a break every few days during the exam period providing more time to study in between exams.

We committed to giving students easier access to accommodations without having to pay additional tuition to take away that financial burden. We adjusted our policies with regard to drops, withdrawals, and incompletes. We added grade relief through a new tuition-free, retake policy that only applies to courses taken this term. No student will lose any scholarship, now or in the future, because of these grades. These operational decisions were thoughtfully considered and debated during numerous faculty meetings and countless emails in between. The faculty focused on prioritizing the current needs and wellness of our students while balancing the short-term vs. long-term implications to their education and professional training. I truly am blessed to work with colleagues who care so deeply for our students while also remaining dedicated to our mission of preparing our students to be ready to serve and to lead in times such as these!

Our staff also has been amazing! A skeleton crew is here with me every day to support the work of the faculty and staff working from home and to meet the needs of our minimum and essential business operations. Although they are adjusting to working from home, they want to stay connected and to help, especially to support and encourage our students. They are offering tips and advice about best practices. They are reaching out to check in. We are scheduling virtual gatherings and socials for student groups. All the while our colleagues are juggling their own home daycares, schools, delivery services, and whatever else is needed for their loved ones. I am meeting virtually with the staff once a week and our conversations focus on what can they do to help one another and our students. Truly inspiring!

Our Student Relations Committee (student leaders along with appointed faculty and staff representatives) also meet once a week to give voice to the students’ concerns and to brainstorm solutions to issues. We are hosting a leadership summit next Monday to visit with the officers of our student organizations about leading virtual meetings and events focused on their missions.

And oh my goodness has the number of emails, phone calls, and texts exploded! We are using all manner of communication vehicles to attempt to alleviate the anxiety of our students, as well as others (including us!). Faculty and staff are putting in long hours each and every day to assure the well-being, education, and professional training of our students continues, albeit, virtually.

As we tell our students, it is in times such as these that lawyers rise to the occasion. We know our alumni are out there working just as many hours, and more. They are carrying the weight of not only their clients – who are greatly impacted by the COVID-19 disruptions – but also that of their children who must be home-schooled and their high-risk loved ones who must be cared for and protected. We thank them for what they are doing to model for our students what professionalism and leadership looks like.

I had hoped to get this message typed and delivered last Thursday or Friday to mark the time that was supposed to be the Vision 2020 Leadership Conference. We were so looking forward to welcoming many of you to our beautiful city and law center. I knew, however, you would understand that a message from me could wait. A month ago, as we were deliberating what to do about the conference and I really wanted to continue with the conference but convert it to a completely virtual conference. Clearly, one of the silver linings of our current situation is the shove we all got toward acquiring new skills using technology to work and congregate virtually. How innovative it would have been to be the first to host a virtual leadership conference for law schools!

Two realities stopped us from going forward. First, the chaos of the transition for all of us to a pivot on a dime towards a new work dynamic and to learn new tools and techniques to teach and do our jobs. We have all been consumed. We were concerned about the time to pull together such a novel concept and for it be a “wow” event, which is always our goal. Second, and for me even more important, there is great benefit through the personal connections of people gathering in the same room, sharing stories over cocktails, brainstorming during breaks, and focusing on a live speaker rather than multi-tasking at your computer at home. I am not advocating that these benefits cannot occur in a virtual world. Clearly they can. Last Saturday evening I participated in my first virtual Happy Hour and I loved it! The difference is that my Happy Hour was with a small group of people with whom I already have a relationship. Developing relationships that allow for effective sharing of ideas takes time. It is hard to “meet” people and spend any meaningful time getting to know them if they are in a group gathering online with 100 people for a one-time event. This is one of the challenges of this online world of education – how to connect at a personal level when the class is large.

All that to say, we were greatly disappointed that our conference, like the rest of our events and our lives, was disrupted by COVID-19. We will set a date in the Fall as soon as we can. We hope even more of you will be able to attend in person or virtually, but mostly hoping you will be able to travel to our fun city and our beautiful building on the Brazos River to fully engage with one another.

I hope you are all doing well in our new, temporary reality!

-LJT

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Want to Change the World? The Journey Begins Within.

An inscription on the tomb of an Anglican Bishop in Westminster Abbey:

“When I was young and free and my imagination had no limits, I dreamed of changing the world. As I grew older and wiser I discovered the world would not change – So I shortened my sights somewhat and decided to change only my country, but it too seemed immovable. As I grew into my twilight years, in one last desperate attempt, I settled for changing only my family, those closest to me, but alas, they would have none of it. And now I realize as I lie on my deathbed, if I had only changed myself first, then by example I might have changed my family. From their inspiration and encouragement I would then have been able to better my country, And who knows, I might have even changed the world.”

Before you can lead an organization or community … before you can impact the world … you must first “lead” yourself.  For us, the most important aspect of any leadership development program is to start with a focus on “growing” yourself. Easier said than done!  But why? Could it be that we are too eager to skip ahead to leaving our mark on the world? We can be so focused on doing the “important” and wanting to be remembered for what we accomplish that we forget leadership – like any other subject in law school – begins at the beginning. There is no substitute for the elemental work that feeds our growth layer by layer, branch by branch.

In our leadership development course, we spend about half our time guiding the students on a journey of self-discovery. Since we begin every orientation at Baylor Law with emphasis on the role of lawyers in society (as guardians of our democracy, trusted advisors to their clients and leaders in their communities), we do not start from ground zero in our leadership development class. We begin with a deeper discussion of our obligations to society and the important opportunities they will have to be influencers with integrity. After setting expectations for their future, we introduce them to leadership characteristics, traits, and styles, as well as various scenarios where their leadership will be needed. Starting with these concepts, terms and contexts – the language of leadership development – sets the foundation.

The core of our leadership class is devoted to helping students come to “know” themselves – their preferences, strengths, and areas of challenge. We know this is essential to prepare them for future situations that will require them to act and to make decision, or to offer guidance to those who will.  We guide our students through a series of discussions, self-assessments and self-reflective exercises designed to help them be better prepared, even practiced, for those future actions and opportunities. Just as with other areas, we know that students are more likely to handle a difficult or stressful situation, even a crisis, with competence and integrity if they have seen or at least thought about the scenario, or a similar one, at some time before. That is the wisdom and judgment gained through practice and experience.

We also spend some time in our course on what it means to “lead” others (including working well with others, recognizing the influence lawyers can have on others, and successfully building an inclusive team). We end with an attempt to inspire students to consider the impact they want to have on the world and then to be thoughtful, strategic and adaptive as they plan their next steps.  

Leadership development is a life-long journey to be better at helping others be more and accomplish more. As lawyers, our legal education and training, and our sense of honor and purpose as guardians of our democracy, make us ideally suited to impact those around us … and, yes, maybe even change the world… if we recognize early enough that it all begins with us.

“Give me six hours to chop down a tree and I will spend the first four sharpening the axe.” – Abraham Lincoln

-LJT
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Student Perspective on Leadership Development: Philip D. Ricker

Philip D. Ricker graduated from Baylor Law School in April 2019. He is currently working for the family law firm O’Neil Wysocki, P.C. in Dallas, Texas. While at Baylor Law School, he was on Law Review and also involved in a Mock Trial team.

Baylor’s leadership development training taught me not be afraid to speak up to a more-experienced attorney. I feel more confident when voicing my opinions on a legal issue or to walk down the hallway and tell a partner about a problem we need to address.

Gladiators.jpg

Ethics of an Attorney

A consistent theme of our leadership class was how to assert our ethics as attorneys.We talked extensively about the ethics of an attorney and I did not realize how much those discussions mattered until I began practicing. I often joked that lawyers are like gladiators – we go where we are told and fight who we are told to fight. After spending about 6 months in a family law firm with a 3L bar card and going through practice court, I realize how much better of an understanding the class gives gave me about ethics and the law.

Throughout the Leadership class, my classmates and I were given the opportunity to hear from numerous speakers who are leaders in areas outside of the law. I am always fascinated at the interesting twists and turns an individual’s careers take. For me, it was surprising to learn about the many different ways our speakers became leaders. We didn’t have any two speakers who follows an even remotely similar path. This is encouraging that even if you have an untraditional beginning, one can become a leader.

Baylor Law Formative Leadership

As Baylor Lawyers, I feel like we have an opportunity to emerge in leaders amongst our first and second-year peers from other schools. I was able to serve as the Notes & Comments editor of Law Review. This was another formative leadership experience at Baylor Law that helped prepare me in my future career. During that time, I had a team of three to four students who I would work with to get an upcoming article ready to publish. I found it difficult to ask someone to do something that I was not going to do. It felt uncomfortable asking someone to stay up late in the evening to edit an article when I wasn’t required to stay up and edit. Little did I know at the time, that the discomfort was preparing me for something bigger. Now that I am working at O’Neil Wysocki, P.C., I work with paralegals, legal secretaries, and other associate attorneys. Similarly, I have found myself asking someone to do something that I am not doing. For instance, I may ask a legal secretary to prepare a binder for an appellate brief or attach exhibits to a Motion for Summary Judgment. It feels UNCOMFORTABLE; however, my time at law school on law review helped me prepare for some of that discomfort. 

I think all law students need to be exposed to a leadership role. Not every law student is placed into a position of leadership, and Baylor does a good job to equip each student to be comfortable taking a step into the realm of leadership.


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Encouraging Students to Use the Power of their Law Degree for Good

Leah Teague

“I also learned that a law degree not only changes your life…it has the potential of helping you change the lives of many others. And last but now least, I learned that lawyers can and should be leaders. And wow, does the world need bright and committed leaders right now!”

These were words shared by Jerry Clements, Chair Emeritus of Locke Lord LLP, as the keynote speaker for our 2019 John William and Florence Dean Minton Student Award Ceremony and Lecture Series. Only after law school did Jerry recognize that the leadership skills and legal skills taught in law school would prepare her to one day chair of one of the largest law firms in America. And lead effectively she did! As Chair of Locke Lord LLP from 2006-2017, the law firm rose in the American Lawyer rankings from No. 110 to No. 60 and grew from a Texas-based law firm with 4 offices to a global law firm with 23 offices, including London and Hong Kong.

Under Jerry’s leadership, she strengthened the firm’s deep commitment to diversity and inclusion, tripling the number of women and diverse lawyers in firm management and nearly doubling the number of women and diverse lawyers in practice group leadership. She received numerous recognitions for her efforts and was named One of the Top 50 Most Influential Women Lawyers by the National Law Journal and one of 30 Extraordinary Women in Texas Law by Texas Lawyer. As you can imagine, we are quite proud she is a Baylor Lawyer.

In asking Jerry to deliver remarks to our students, we did not suggest a specific topic. As is often the case when accomplished lawyers reflect on their careers, Jerry’s remarks were laden with stories about opportunities she had – because of her legal training and law degree – to positively impact and influence others. She also admonished law students to embrace the obligations they will have to serve others. She acknowledged that her law degree “changed my life but more importantly, it gave me the skills, knowledge, and power to change others’ lives, as well.”

She applauded our students’ dedication to “become a part of what I believe is still the most powerful, honorable and rewarding career a person can chose.” She then challenged them by adding, “like all things, it is what you make of it.” 

While crediting her law degree with giving her opportunities to “meet— Presidents of the US, CEOs whose names you would recognize, senators, governors, famous trial lawyers whom I had heard about and admired,” she reminded them of the many important and critical positive roles that lawyers play in the world. “Lawyers are critical to preserving, promoting and protecting the Rule of Law in Society… Lawyers daily serve as champions.”… She encouraged them to “Learn the power of your law degree and learn how to be a leader and communicator so that you can use that power for the good.”

She left them with some final notes, “if you take away one thing from my presentation tonight make it this—-Lawyers are part of the basic foundation of our society and you are about to be a part of that club…Be purposeful. Make a difference. Be a leader.”

I know we all love to have accomplished, exemplary alumni come back to share words of wisdom with current students. When they do, we all should be intentional about noting how often they speak of the role of lawyer as leader. It also is worth noting how often they attribute their true satisfaction and sense of meaning and purpose in life not to drafting a legal document or winning a legal argument but in using their legal training and law degree to making a positive difference in the lives of another.

 -LWJT
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The legal profession doesn’t have a leadership problem- it has a character problem

In case you missed it: “The legal profession doesn’t have a leadership problem—it has a character problem”, by Charles Edwards. Mr. Edwards post in the ABA Journal is wonderful write-up on the importance of character in leadership. As Leah and I frequently discuss with law students, leadership alone is not enough – ethical leadership is the key to long-term success. By integrating best practices into leadership courses, we are preparing our students for their future roles.

If you haven’t read it yet, Mr. Edwards post is worth the read: http://www.abajournal.com/voice/article/the-legal-profession-doesnt-have-a-leadership-problem-it-has-a-character-problem

-SLR

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Article Callout: Lawyer Leadership Secrets to Success

In case you missed it: “Lawyer Leadership Secrets to Success” by Liam Montgomery. In the style of Jocko Willink and Leif Babin (authors of Extreme Ownership), Mr. Montgomery translates lessons learned in military service to leadership for lawyers. In this article he focuses upon giving and receiving feedback – a critical skill for any leader. The article is definitely worth the read if you’re looking for more feedback material to give to students: http://www.abajournal.com/voice/article/lawyer-leadership-secret-to-success