I write to tell you about a fun and valuable experience we added to our orientation program for all our entering classes. Beginning with the Fall 2022 quarter, we introduce each entering Baylor Law student to a model for civil discourse through a workshop developed in partnership with Baylor University’s Public Deliberation Initiative. We conducted this workshop for our Summer 2023 entering class earlier this week. You may still be in spring finals, but we just started the second week of our summer term!
Through these Public Deliberation Workshops, we encourage students to adopt a better way to engage in conversations with one another in law school. This skill also can be used in the future as they represent clients or causes.
Public Deliberation training encourages participants to earnestly and respectfully listen to others with different life experiences and viewpoints. The goal is NOT to change others’ minds on the issue at hand; instead, we want students to find shared values and build community that can lead to innovative problem-solving. We desire to help our students embody professionalism, model civility, and advocate more effectively. This approach also can create a culture of respect for colleagues with different backgrounds and perspectives that will enrich our classrooms and programs, support our efforts for student well-being, and better equip our students to be difference-makers in society.
Second- or third-year law students serve as workshop facilitators during the sessions. Trained to be public deliberation facilitators during our Leadership Education and Development (LEAD) course, they keep the workshop participants on task while remaining neutral. After training and participation, the law student facilitators receive certificates as public deliberation facilitators. For more information on the program, please see my most recent post on theProfessional Identity Formation Blog, titled Training Law Students to Converse Respectfully: Public Disclosure Workshop. You are also invited to contact me. I am happy to help you consider how to offer a similar training at your law school or organization.
Kenneth opened the symposium by reminding us of legal education’s challenges, including lack of public trust, poor reputation, lawyers struggling with well-being, disruptions caused by technological advancements, and lack of leadership training. I appreciated his reminder of a book from 30 years ago called The Lost Lawyer: Failing Ideals of the Legal Profession and the 2007 Carnegie Report: Educating Lawyers. Both were pivotal in inspiring my mission to be more intentional about leadership development in law schools these last ten years.
Just a few highlights from the wise words and inspirational messages from the speakers all day long:
During the first panel on experiential education, Holloran Center Fellow Kendall Kerew shared the question posed to Chat GPT: What lawyering cannot be replaced by AI? The answer was:
Empathy and Emotional Intelligence
Creativity and Critical Thinking
Advocacy and Persuasion
Ethics and Professionalism
Client Relationship Management
Not only did we find this result interesting, many others did as well when she shared it in a popular blog post on theHolloran Center’s Professional Identity Formation Blog! Another reason why incorporating more leadership development into our legal education programs is so important!
The experiential learning panel also reminded us that best practices for student learning require us to help our students explore their “why” through self-assessment and self-reflection in order to grow. The professional identity panel followed to encourage us to remember Holloran Center Co-Director Neil Hamilton’s mantra to “meet students where they are they are” in order to guide them through reflection, coach them to develop the competencies expected by legal employers, and model and mentor students toward well-being by aligning professional and personal values. Professor Lisle Baker shared practical and clever tips for incorporating well-being practices into classes.
In her keynote address, Judge Eleni Roumel, U.S. Court of Federal Claims, encouraged the students to commit to practicing civility, ethical behavior, and serving the public. And the panel of women stressed the importance of building relationships and seeking mentorships that grow organically.
Dean Mark Martin shared his vision for creating a new law school at High Point University that builds on principles found in the Carnegie report but is updated for the impact of technological advances. These were points of current emphasis:
Promote diversity & developing strategies to unite us
Enhancing understanding of new and emerging technology
Increasing experiential education
Improve law student wellbeing
Focus on the unmet legal needs of persons of modest means
Financing legal education
The program ended with a reminder that when we are at our best when our students are at their best, we are:
better able to stay committed to values we have internalized; and then
better able to serve and help others.
Gatherings such as these always energize and inspire me!!
Many thanks again to all of you working to build a better future by enhancing legal education!
Newly adopted ABA Standard 303(b) reinforces the duty of law schools to help their students explore “the values, guiding principles, and well-being practices,” which are considered “foundational to successful legal practice” and fundamental to lawyers’ professional identity. Our Baylor Law Leadership Development Program was created in 2013 to provide structure to teaching law students about the lawyers’ role in society and better preparing them to serve their clients and society. These goals align with Standard 303(b) as well as the professional identity formation work occurring around the country. (See the work of the Holloran Center under the co-director of Professors Neil Hamilton and Jerry Organ).
Our Leadership Development Program addresses two other recent amendments: ABA Standard 303(c) (bias and cross-cultural competency & racism education), and 508(b) (student well-being resources). All three subjects (professional identity, bias and cultural competency, and wellness) are essential topics that need to be addressed as we prepare law students for the important work of lawyers in society. Finding all three topics in the textbook, Fundamentals of Lawyer Leadership, is no surprise and not an accident. With no law school textbook available when we started teaching leadership in 2013, we labored to determine what should be taught in a leadership course and program. Those three topics were recognized as fundamental to a well-rounded legal education.
We wrote the textbook and created the Teacher’s Manual and Resources to help others create a leadership course or present a program in whatever manner makes sense within their system and culture. With this easy-to-use textbook (and teaching materials), we hope more faculty and staff will join the growing movement to better prepare students to become more effective professionals and inspire them to be difference-makers.
Both the textbook and our own course structure are divided into four aspects of developing leadership. Following an introduction to the concept of leadership, we ask students to look internally first before turning the leadership focus outward. The course is formatted as follows:
Part I – Overview of Leadership Initial sessions introduce students to what we mean by “leadership” – a process whereby an individual has an influence on another (or a group) to achieve a common goal. Leadership is the opportunity to help and serve no matter what title or position one holds in an organization. Students should also recognize that lawyers in our society hold positions of leadership as they advise clients and organizations, and as they serve in their communities. Leadership is part of our professional identity. For materials relevant to the Standard 303(b) changes, see Fundamentals of Lawyer Leadership Preface, Chapter 2 (Why Lawyers Should Study Leadership).
Part II – Leadership of Self: Growing into Leadership Students are guided through a process of self-discovery and assessment to gain a better sense of who they are and what type of lawyer and leader they want to be. Topics covered include characteristics of leadership (traits, skills, and competencies, including those traditionally developed in law school); growth mindset; grit and resilience; feedback and learning through failure; well-being; integrity and character; preparedness and setting goals. For materials relevant to Standard 508(b) changes, see Fundamentals of Lawyer Leadership, Chapter 11 (The Importance of Well-Being: Thriving in the Legal Profession).
Part III – Leadership with Others: Effective Group Dynamics To be effective lawyers and leaders, students need to develop their ability to work and interact effectively with others. Topics in this part include emotional intelligence; relationships and influence; strategic communication; diversity and inclusion; unconscious bias and cultural competency; effective management; and working within legal organizations. For materials relevant to Standard 303(c) changes, see Fundamentals of Lawyer Leadership, Chapter 17 (Diversity, Inclusion, and Cultural Intelligence).
Part IV – Leadership within Community: Service and Impact Lawyers are well suited, and expected, to use their legal training and other talents and gifts to serve society. We want to encourage students to seek opportunities to serve in ways that are meaningful to them and that can have a significant impact on others. Students are challenged to consider what legacy they want to leave. Chapters in this part can be used to emphasize leadership for positive change and encourage law students to use their legal skills to effectuate a desired goal.
This textbook is designed to make leadership and professional formation easy to implement and teach. Each chapter can be used as a module for stand-alone programs or incorporated into other courses. An abundant library of teaching materials (notes, exercises, PowerPoint slides, etc.) is available to accompany class sessions and to complement presentations.
To access the professor resources for this title, you will need a validated professor account on Aspen Publlishing. If you do not yet have a validated professor account, you may register at AspenPublishing.com/my-account/register. Account validation may take 1-2 business days. Once validated, you may log into your account using your own personal login, go to the relevant product page and scroll down to access the Professor Resources.
Thank you for your efforts to prepare and inspire law students to boldly seek opportunities to make a difference in our profession, their communities, and the world. Please let us know how we can help you!
If you’re not already aware of Dean Patty Roberts’s fantastic Podcast, EdUp Legal, on the EdUp Experience Network, we hope you’ll add this Podcast to your listening queue. About once a week, Dean Roberts explores the opinions and prognostications of leaders in legal education regarding the future of legal training and considers the value proposition of law school.
Dean Roberts recently interviewed Professor Leah Teague. The duo, who share a commitment to preparing law students for their important roles as leaders in society, discussed Professor Teague’s work in fostering a national movement of intentional leadership development in law schools.
Stewart’s book has been described as an “outstanding biography” by the Wall Street Journal and was recently awarded the “History Prize” by the Society of the Cincinnati. (The Society of the Cincinnati was “founded in 1783 by officers of the Continental Army who served together in the American Revolution.” President Washington was a founding member and first president of the organization.)
In a profession filled with high IQs, there is evidence that working on your emotional intelligence (or EI) can pay dividends in your professional and personal life.
The education and training in law schools traditionally focused almost exclusively on developing the cognitive ability to solve legal problems. Emotions were discouraged and even criticized as a sign of weakness. Research in more recent years confirms the relevance of emotions in decision-making and the benefit of well-managed emotions to career success and personal satisfaction.
The Yale researcher in the 1990s who coined the term Emotional Intelligence found that the most sophisticated information processing and decision-making occur when we employ not only cognitive ability but also emotion. For a brief history and explanation of Emotional Intelligence, please see the ABA article by Ronda Muir, Emotional Intelligence for Lawyers. She explains,
research has established that rational decision-making is impaired if the area of the brain relating to emotions is damaged or excised. It has now been scientifically demonstrated that the best analyses and decisions are made when we engage the emotions, as well as the intellect. For lawyers, the message is clearly that, in order to upgrade their performance, they should use the additional data available from their own and others’ emotions to enhance their cognitive skills.
In his best-selling book, Emotional Intelligence, Daniel Goleman reported research showing the traditional IQ test only accounts for 20% of a person’s success in life. “Psychologists have concluded that a portion of the missing factors lies in Emotional Intelligence. Emotional Intelligence is the ability to be aware of our own emotions and others and to control our own emotions while empathizing with the emotions of others.
Law schools place a high value on intellect and cognitive ability and we are not wrong to do so. Lawyers as a group have higher than average IQ scores. Some assume the IQ is an accurate predictor of success after law school, and it is – but only to a point. Lawyers “exhibit high average IQ scores (in the 115-130 range), while at the same time scoring lower than the general population on Emotional Intelligence (85-95).” Emotional intelligence is a better predictor of success when IQ is similar, according to Ronda Muir, in “Emotional Intelligence for Lawyers.”
What is Emotional Intelligence?
As a general matter, emotional intelligence refers to a person’s ability to recognize, understand, and manage one’s own and others’ emotional state to relate and work well with others. One approach to EI is to consider four aspects:
What a person knows about themselves (self-awareness);
What a person does with this understanding of their emotions to control or guide their impulses (self-management or regulation);
What a person knows about others (social awareness); and
What a person does with the awareness of others to use that information to build relationships and work well with others (relationship management).
Enhancing one’s Emotional Intelligence takes commitment to developing emotional competencies (self-awareness, self-regulation, motivation, empathy, and social skills) through sustained practice, coaching, and feedback.
Spend time this month exploring emotional intelligence. If you are unfamiliar with the concept, start with:
Pick two different scenarios where you can observe a group without participating in the group. You also should be far enough away that you cannot hear what the individuals are saying to one another. Write down what actions you observe and what you think they mean. For example, if someone frowns, do you think that person is angry, is sad, disagreed with another person, or something else? Was the emotion directed at another person in the group or someone who you do not think was present? Spend at least ten minutes observing each group.
On top of the traditional busyness that comes with starting a new academic year, we know many face difficulties during these challenging times. To all of you, we send you our heartfelt greetings and best wishes!
As you resume your work preparing law students to be problem-solvers and influencers, please continue your efforts to increase leadership development activities at your school. For August, we challenge you to try the following:
For readers in the legal academy: Help at least two colleagues find ways to incorporate leadership development in their classes, programs, or other work within the school.Offer specific, concrete ideas or exercises to facilitate their efforts.
For readers who do not hold a full-time position in a law school: Inquire about leadership programming at your alma mater or one with which you have a relationship and offer to help.Feel free to use some of the modules and examples from Fundamentals of Lawyer Leadership for a guest lecture, a CLE offering, or a professional development program.
We believe leadership development is helpful and essential, and leadership programs are gaining traction nationally. Please note that the ABA has proposed amendments to the ABA Standard on Legal Education which impact lawyer leadership. Three important topics may become mandatory for law schools, and they are fundamental topics in well-developed leadership programs. The proposed amendments to Standards 206, 303, and 508 will be voted on at the February 2022 meeting of the Council of the ABA Section of Legal Education and Admission to the Bar. If adopted, the following topics will be required in legal education:
Diversity and inclusion, (now specifically including bias and cross-cultural competency);
professional identity including lawyers’ special obligations to clients and society (which includes topics such as ethics, influence, and leadership); and
In our opinion, these three concepts must be addressed in leadership development courses or programs as they enrich any study of leadership. Deborah Rhode’s inclusion of these concepts in the Introduction and Conclusion of her Leadership for Lawyers textbook reveals her focus upon these concepts. We address these subjects both in individual chapters and woven in discussions throughout our textbook, Fundamentals of Lawyer Leadership. To explain the relevance, the language of the proposed amendments to Standards 206, 303, and 508 are included in our Teacher’s Manual (See pages 3, 18, 81, and 124, available as part of the Professor Resources) at the beginning of these three chapters:
Chapter 17: Diversity, Inclusion, and Cultural Intelligence
Chapter 1: What is Leadership?
Chapter 11: The Importance of Well-Being: Thriving in the Legal Profession.
This is NOT a sales pitch for our book. Our primary goal is to help as you advocate for, create, or enhance leadership development programming at your school. Whether a school or program chooses to adopt our book has nothing to do with that goal. The “leadership team” (Stephen, Liz, Pat, and me) at Baylor Law stands ready to work with other law schools fully embracing the need to develop lawyers who are not only competent practitioners in their chosen career pursuits but also well-rounded professionals who seek to be positive influencers among their family, friends, and clients and to have a meaningful impact on their communities.
We want to be a resource for – and learn from – others. Please let us know how we can work together to make leadership development programs, and legal education generally, better. That IS the reason we wrote the textbook. It was designed not only for use in leadership courses, but also so that individual chapters can be used as modules in orientation, professional identity programs, clinics, academic support programs, career development and student success centers, and any other courses or programs with the goal of better equipping our students for success in their future role as difference makers.
We note that the proposed amendments are not without critics. We share concerns about the lack of attention to the assessment of the effectiveness of any new training. But we are encouraged by the work of the Holloran Center for Ethical Leadership in the Professions, and its Co-Directors, Professors Neil Hamilton and Jerry Organ, who are leading the national effort to help law schools develop and adopt assessment tools in the form of stage development rubrics. Effective use of such rubrics can help law schools not only satisfy compliance with ABA Standards but also be more intentional about developing law students who are better prepared for the obligations they will assume as practitioners, professionals, and leaders.
We wish you a great start to the new academic year!