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Gratefulness takes reflection… and reflection spurs gratefulness.

By Stephen Rispoli

One of the characteristics of successful and effective leadership that we attempt to instill in our law students is the need to be self-aware. Effective leadership requires intentional reflection and introspection.

As we are in the midst of the holiday season, I thought I’d share a great collection of gratefulness articles. Gratefulness takes reflection, and reflection spurs gratefulness:

https://getpocket.com/collections/how-to-be-grateful

– SLR

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Making criticism constructive: growing through feedback

By Leah Teague, Stephen Rispoli, and Liz Fraley

Feedback can feel threatening and intimidating to hear that your work did not meet expectations—especially if you do not agree with the feedback. Feedback, both positive and negative, however, help us become better lawyers and leaders. Lawyers need to know whether clients are satisfied, both for the current matter and for future relationships. Students need to know if their professors think the work is adequate; professors literally grade the papers. Young lawyers need to know if partners and judges find the work product acceptable; those individuals have substantial impact on the future of a career or a case. And finally, each of us needs to develop internal standards for quality written work, communication and professional development. Feedback helps lawyers develop a sense of where their strengths lie and where they can improve performance.

For an insightful explanation of triggers that hamper our ability to learn from feedback, we recommend Finding the Coaching in Criticism, by Sheila Heen and Douglas Stone, Harvard Business Review (Jan-Feb 2014).

Below is a new feedback exercise we will be adding to the Teacher’s Manual for Chapter 10: Giving and Receiving Feedback of Fundamentals of Lawyer Leadership. In addition to the exercises, we will add suggestions for additional discussion topics, such as emotional intelligence, communication and relationship building, and tips for best practices in managing workloads and personal well-being.


FEEDBACK ROLE-PLAYING EXERCISES


Select two students from the class. Assign one to play the role of partner and the other the role of associate. Give each student instruction and background information for only their role. Give the class only the general description, not the background information for partner or associate. After the class observes the role-playing exercise, lead a discussion on how two participants could alter the conversation for a more productive approach to the scenario and brainstorm strategies for dealing with different feedback situations.

Scenario One: Feedback on Work Product

General scenario: Young associate has spent significant time working on a research assignment for a partner. The partner calls the associate into the office to discuss the memo received from the associate.

Partner Role to be shared only with student playing the partner: The client on this matter is an important client for the firm and the partner is a personal friend of the client. The partner knows that this matter could have dire consequences to this client’s future (could be financial, reputation, or even criminal implications). Partner finds the work to be unacceptable, believes the time that has elapsed was a wasted delay in moving the matter forward, and regrets giving the work to the associate. The student/partner should start the meeting by displaying anger for the associate’s unacceptable work. The student/partner should yell at the associate for doing terrible work and demand an explanation for why the work is subpar. This partner knows he/she has a reputation in the firm for being hard-nosed (i.e. expecting excellent, error-free work and not being a warm, caring and supportive mentor type.)

Associate Role to be shared only with student playing the associate: The student/associate is to act apprehensive about being called to meet with this particular partner because this partner has a reputation for being difficult to please. This partner also has a reputation for not being a warm, caring and supportive mentor-type partner. Knowing the partner’s lack of tolerance for subpar work, the associate tried to be diligent and address all anticipated issues; however, the associate has outside stressors (such as a partner or parent who is seriously ill or 3 small children at home) and is surviving on only 3 to 5 hours of sleep at night for the last several months. As a result, the associate feels overwhelmed and is having a difficult time completing all tasks to his/her satisfaction. The student/associate had all great annual evaluations in the past but has been more concerned about what this year’s evaluations might say. The student/associate should react as he/she is naturally inclined to do when overwhelmed and sleep deprived.

Scenario two: Update on Client Matter

General scenario: Associate requests a meeting with partner to discuss a phone call the associate received from a client of partner. This client was a first-time client for the firm. The partner does not have a history with this client and since it was a smaller matter, the partner turned the matter over to the associate and has not been directly involved with this matter after the initial meeting with the partner, associate, and client 6 months ago.

Partner Role to be shared only with student playing the partner: This client was referred to the partner by an influential industry leader whose opinion of the firm matters greatly. The partner was thrilled to get the referral but did not have the time to work on the matter. The partner also thought the associate’s lower hourly rate would be more appropriate for the matter. The partner assigned this matter to an associate who had handled a similar matter in the past. The partner received the report of hours worked and billed the client for all of the reported hours without talking to the associate. The partner has not checked on the associate or the client since the initial meeting. The student/partner should react strongly and negatively to the news the associate will share.

Associate Role to be shared only with student playing the associate: Associate needs to disclose to the partner the call from the client who is unhappy and feels the bill is excessive. The client complained that the hours billed are quite high and the descriptions of the work are vague. The associate did not see the final bill before it went out, and no one has told the associate there are any issues with how the time was submitted in the firm’s timekeeping software. Associate knows the partner assigned this matter to her/him because associate handled a similar matter in the past. This matter turned out to be much more complicated than anything associate has done in the past but associate did not seek advice or help from anyone. The associate has not updated the client about the matter in the last three months. The student/associate should disclose these facts to the partner as professionally as possible but then react defensively to anything that the partner says in response.

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Giving Feedback

Guest Post by Baylor Law Professor Greg White

Students say that they love feedback. But that’s not completely true. They love feedback that they believe in.

Put yourself in the student’s shoes. They want to hear what they’ve done right (or wrong), and they want to do better. When the feedback begins, though, what they hear is often criticism. As justified as the criticism might be, it’s hard for anyone to hear that the effort they expended was not really very good. Instead of feeling that they are closer to being a lawyer, the student feels they are getting further away. The challenge is to present the feedback so that it is received with appreciation and so that stimulates the mind – not so that is depresses the spirit.

One effective way to motivate is to delay your feedback. Let the student talk first. Ask: What did you find challenging? Did you think you did some part poorly? Where would you like to improve? What was the hardest part of the work?

Those answers and the self-reflection they require opens the discussion with the student’s own concerns, instead of the instructor’s critique . The instructor’s critique comes from a person of experience and expertise. That can be intimidating.  Let the student tell you what they need help with first. When they get the help they wanted, they are ready to talk about improvements they didn’t know were necessary, and improvements they never considered.

I recently talked to a student who had turned in a required assignment – the first draft of an appellate brief. In my opinion, this student was just awful at proofreading. Obvious spelling mistakes, repeated words, odd spacing and poor grammar plagued his brief – so much so that I had a hard time reading the thing. When he came to my office, I asked him, “What was the one thing you think you could do better?” He spoke up quickly, “I have a hard time with the details.” That led to a discussion about a trait he and I have in common – we love to have someone else check our work. That wasn’t possible with this assignment, so he needed some different tools. Grammarly and Brief Catch are both available to all students at Baylor Law, and we walked through using those as an electronic proofreader and style coach. Software is not perfect, but it was just the tool he needed. I wonder if we would have ended up sharing a common trait and worked on a good solution if I had started our conversation with “You know, I don’t think you did any editing and proofreading on this brief,” or “You need to spend some time editing and proofreading before you turn in the next draft.” Either would have been truthful and constructive. But, had a professor told me that, I would have recoiled a bit, and maybe wondered if I was cut out for this profession.

There is a time to be brutally honest. There are more times when we should seek to inspire.