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Amendments to ABA Standards Support the Objectives of Leadership Development Programming, Part 3

By Leah Teague

As discussed in our last two posts, several amendments to the ABA Standard on Legal Education that were adopted on Feb. 22, 2022, reinforce the need for, and value of, leadership development. The proposed amendments are in Standards 303(b) (professional identity development), 303(c) (bias and cross-cultural competency & racism education), and 508(b) (student well-being resources). These three important topics are fundamental to robust leadership development programs and courses. Satisfying the new requirements can be achieved through adopting or enhancing leadership development at your law school. In this three-part series, we discuss each.

Part 1 was a discussion of the new requirement in ABA Standard 303(b) requiring law schools to “provide substantial opportunities to students for … the development of a professional identity.”  Part 2 of this series addressed the requirement in ABA Standard 303(c) to “provide education to law students on bias, cross-cultural competency, and racism.” In this Part 3, we focus on the need for law schools to provide students with “information on law student well-being resources” in accordance with ABA Standard 508(b).


Part 3: Caring for One’s Well-Being is Critical to Success as Lawyer and Leader

The amendment to ABA Standard 508(b) requires law schools to provide students with “information on law student well-being resources.” The proposal also calls for the law schools to work to remove the stigma of accessing mental health and well-being supports on campus and within the legal profession.

New Interpretation 508-1 reads:

Law student well-being resources include information or services related to mental health, including substance use disorders. Other law student well-being resources may include information for students in need of critical services such as food pantries or emergency financial assistance. Such resources encompass counseling services provided in-house by the law school, through the university of which the law school is a part, or by a lawyer assistance program. Law schools should strive to mitigate barriers or stigma to accessing such services, whether within the law school or larger professional community.

New Interpretation 508-2 reads:

Reasonable access, at a minimum, involves informing law students and providing guidance regarding relevant information and services, including assistance on where the information and services can be found or accessed.

This addition to the Standards signals the importance of law schools’ effort to care for all aspects of our students’ development. For students to use their legal knowledge, skills and competencies to achieve their goals (i.e. self-actualization), they must learn to care for themselves and tend to issues related to mental and physical health. Law school is our opportunity to help students develop the healthy strategies they will need to deal with the stress of the practice of law, maintain healthy relationships with family and friends, and manage their time wisely so that they can continue to enjoy the hobbies and passions that are important to them.

Leadership development programs recognize the importance of well-being and provide opportunities for students to identify and adopt healthy practices that will benefit them as they enter the profession. In Fundamentals of Lawyer Leadership, Chapter 11 (The Importance of Well-Being: Thriving in the Legal Profession) discusses the dimensions of health and shares resources and techniques for long-term practices and habits. In Leadership for Lawyers Chapter 2, Rhode discusses the evolution of well-being, the underlying causes of stress in the legal profession, and suggestions for positive strategies.

Modern law schools are called to go beyond teaching law students to “think” like a lawyer to preparing them for success as whole or complete lawyer (i.e., how to “be” a lawyer) – and a healthy one at that! The efforts to increase professional identity/formation and leadership development programming at law schools are national efforts to address the Carnegie Report’s description of the third stage or apprenticeship of the development. See Growing Number of Leadership Programs and Courses Supports Professional Identity Formation for a further discussion about developing well-rounded lawyers who will be find meaning, satisfaction and success in life using knowledge and skills that are learn (or at least introduced) in law school and developed throughout their careers.  


Thank you for your efforts and keep up the good work!

– Leah

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Amendments to ABA Standards Support the Objectives of Leadership Development Programming, Part 2

By Leah Teague

As discussed in our last post, several amendments to the ABA Standard on Legal Education that were adopted on Feb. 22, 2022, reinforce the need for, and value of, leadership development. The proposed amendments are in Standards 303(b) (professional identity development), 303(c) (bias and cross-cultural competency & racism education), and 508(b) (student well-being resources). These three important topics are fundamental to robust leadership development programs and courses. Satisfying the new requirements can be achieved through adopting or enhancing leadership development at your law school. In this three-part series, we discuss each.

Part 1 was a discussion of the new requirement in ABA Standard 303(b) requiring law schools to “provide substantial opportunities to students for … the development of a professional identity.”  This post is Part 2 of this series and focuses on the requirement in ABA Standard 303(c) to “provide education to law students on bias, cross-cultural competency, and racism.” Part 3 will be a future post to discuss the need for law schools to provide students with “information on law student well-being resources” in accordance with ABA Standard 508(b).


Part 2: Valuing Diversity and Inclusion, Understanding Bias, and Developing Cross-cultural Competency are Fundamental Aspects of Leadership Development

New efforts to encourage diversity, inclusion and cultural competency education resulted in the addition of ABA Standard 303(c), which reads:

(c) A law school shall provide education to law students on bias, cross-cultural competency, and racism:

(1) at the start of the program of legal education, and
(2) at least once again before graduation.

For students engaged in law clinics or field placements, the second occasion will take place before, concurrent with, or as part of their enrollment in clinical or field placement courses.

The updated Standards also include new interpretations. New Interpretation 303-6 reads:

With respect to 303(a)(1), the importance of cross-cultural competency to professionally responsible representation and the obligation of lawyers to promote a justice system that provides equal access and eliminates bias, discrimination, and racism in the law should be among the values and responsibilities of the legal profession to which students are introduced.

New Interpretation 303-7 reads:

Standard 303(c)’s requirement that law schools provide education on bias, cross-cultural competency, and racism may be satisfied by, among other things, the following:

(1) Orientation sessions for incoming students;
(2) Lectures on these topics;
(3) Courses incorporating these topics; or
(4) Other educational experiences incorporating these topics.

While law schools need not add a required upper-division course to satisfy this requirement, law schools must demonstrate that all law students are required to participate in a substantial activity designed to reinforce the skill of cultural competency and their obligation as future lawyers to work to eliminate racism in the legal profession.

New Interpretation 303-8 reads:

Standard 303 does not prescribe the form or content of the education on bias, cross-cultural competency, and racism required by Standard 303(c).

Many find this important but sensitive subject difficult to teach but these topics have been a mainstay in lawyer-leadership programs from the beginning. Leadership courses and programs have already developed methods for teaching these concepts in a respectful and meaningful manner designed to engage students and prepare them for the future. For example, Chapter 17 of Fundamentals of Lawyer Leadership is titled “Diversity, Inclusion, and Cultural Intelligence” and combines the coverage of diversity and inclusion with bias and cross-cultural competency. We also include several exercises and discussion prompts in our Teacher’s Manual to assist with these conversations. Chapter 8 of Leadership for Lawyers is titled “Diversity in Leadership.” These issues have always been present in Deborah Rhode’s leadership books but the recently released third edition textbook includes additional material on diversity and inclusion, as well as updated exercises, problems, and media resources.

We note that we are adopting a term we learned from Professor Neil Hamilton. We now refer to this topic as “Diversity and Belonging” which calls us as leaders to seek ways to help each member of our team or group or organization, especially those who have different backgrounds and life experiences, feel valued as a contributing member of the effort. Together we can make a difference as we positively influence those around us, seek ways to meaningfully impact our communities and inspire our students to do the same!


Thank you for your efforts and keep up the good work!

– Leah

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Amendments to ABA Standards Support the Objectives of Leadership Development Programming, Part 1

By Leah Teague

Several amendments to the ABA Standard on Legal Education adopted on Feb. 22, 2022, reinforce the need for, and value of, leadership development. The proposed amendments are in Standards 303(b) (professional identity development), 303(c) (bias and cross-cultural competency & racism education), and 508(b) (student well-being resources). These three important topics are fundamental to robust leadership development programs and courses. Satisfying the new requirements can be achieved through adopting or enhancing leadership development at your law school. In this three-part series, we discuss each.

In Part 1 below, we focus on the new requirement in ABA Standard 303(b) requiring law schools to “provide substantial opportunities to students for … the development of a professional identity.”  Part 2 of this series addresses the requirement in ABA Standard 303(c) to “provide education to law students on bias, cross-cultural competency, and racism.” Part 3 discusses the need for law schools to provide students with “information on law student well-being resources” in accordance with ABA Standard 508(b).


Part 1: Professional Identity Development is Now Required in Legal Education

Lawyers’ role as leaders in society IS a fundamental part of lawyers’ professional identity!

ABA Standards 303(b) was amended to require law schools to “provide substantial opportunities to students for: … (3) the development of a professional identity.  

Also adopted was new Interpretation 303-5 which reads:

Professional identity focuses on what it means to be a lawyer and the special obligations lawyers have to their clients and society. 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. Because developing a professional identity requires reflection and growth over time, students should have frequent opportunities for such development during each year of law school and in a variety of courses and co-curricular and professional development activities.

Leadership development IS professional formation. At the core of leadership development efforts is awakening law students to “the special obligations lawyers have to their clients and society.” For a visual model of the development of a law student’s professional identity, see the Holloran Center’s Model for How Law School Learning Outcomes Build on Each Other to Foster Student Development. The model presents five groups of competencies in a visual layered progression of law school learning outcomes to help students “grow[] from being a new entrant to the profession to being an integrated effective lawyer serving others well in meaningful employment.” In Group 5 (complex, compound competencies) is “Leadership and Influence in Organizations and Communities.” For a discussion of these competencies, see Neil Hamilton’s Mentor/Coach: The Most Effective Curriculum to Foster Each Student’s Professional Development and Formation. For a discussion of the role of lawyers as leaders in society, see the Preface and Chapter 2 of Fundamentals of Lawyer Leadership and Chapter 1 of Leadership for Lawyers.

Leadership development goes beyond professional identity to teach students how to work well with others and to encourage students to use their education and training to serve others and benefit society. At Baylor Law we see the broader mission of our values-based leadership development program as three-fold:

  • encourage law students and lawyers to embrace their obligation to serve clients and society,
  • better equip law students for positions of leadership and influence, and
  • inspire law students to boldly seek opportunities to make a difference in their communities and the world.

The proposed amendments to Standards 303 (professional identity), 206 (bias, cross-cultural competency and racism) and 508 (student well-being) align with this mission and are important aspects of a law student’s preparation for professional life after law school. Notably, both of the leadership textbooks for law students address all three of these issues. One, of course, is Deborah Rhode’s Leadership for Lawyers (a third edition has recently been released) and the other is our textbook, Fundamentals of Lawyer Leadership.

These amendments reinforce our duty to tend to whole development of our students’ professional formation through self-assessment, reflection upon values, and focus on techniques for better decision-making and goal-setting, in addition to the teaching of legal knowledge and skills. The amendment distinguishes professional identity from ethics and professional responsibility courses that are already required in law school: “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.” This is likely part of a larger scheme to improve lawyer well-being, which is supported by the amendment to Standard 508. The objective is to equip students with knowledge, skills and priorities that will better enable students to become successful, healthy and impactful lawyers.


With every conversation with leaders in our profession, the importance of our efforts and need for leadership development in law schools is confirmed! Thank you for your efforts and keep up the good work!

– Leah

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Leadership Training Discussion on EdUp Legal


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.

Dean Roberts’s Podcast can be found, here: https://lnns.co/kWUeRhMXJd8

And the episode with Prof. Teague, is here: https://lnns.co/kPC2NJqEbuO

Are there other legal training, law school, or other podcasts that legal educators should be listening to? Add your suggestions in the comments, below.

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Join Us This Thursday: Leadership Lessons from George Washington


VIRTUAL EVENT
THURSDAY, SEPT. 16, 2021 @ 4:30PM CDT

Baylor Law invites you to join us this Thursday as Talmage Boston interviews David O. Stewart about his latest book, George Washington – The Political Rise of America’s Founding Father, and they discuss the leadership lessons we can all learn from our first President. 

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.)

Pleae RSVP at baylor.edu/law/EventRSVP. The event is free and open to the public. For more information, please contact Stephen Rispoli at 254.710.3927 or stephen_rispoli@baylor.edu.

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Can a lawyer’s emotional intelligence really be more predictive of success than IQ?

By Leah Teague


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:

  1. What a person knows about themselves (self-awareness);
  2. What a person does with this understanding of their emotions to control or guide their impulses (self-management or regulation);
  3. What a person knows about others (social awareness); and
  4. 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.

Our Challenge:

Spend time this month exploring emotional intelligence. If you are unfamiliar with the concept, start with:

Record Your Observation

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.

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Back to School, Back to Advocating that Leadership Development Programming is Valuable!

By Leah Teague


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
  • student well-being.

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.

To read the full version of the proposed amendments to ABA Standards 206, 303, and 508, we direct you to the August 16, 2021, Memo from the Standards Committee to the Council of the ABA Section of Legal Education and Admissions to the Bar. The Memo eventually should be posted in the Notes and Comments Section of the ABA website. For now, Dean Paul Caren posted the Memo on his TaxProf Blog at ABA Standards Committee Approves Anti-Racism, Bias Training as New Accreditation Standards for Law Schools.

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!

– LEAH

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Back to School, Back to Basics

By Leah Teague


As the end of summer nears and return to school looms, we are returning to the basics. For me, that means back to the beginning of this effort to support the growth of leadership development programming in legal education. I remember the early morning breakfast at the 2016 AALS meeting where Deborah Rhode and I hosted a small but enthusiastic group in the first conversation about this effort to encourage law schools to better prepare students as leaders. Encouraged by the energy at that gathering, we planned a formal Group Discussion for the 2017 AALS Annual Meeting entitled Introducing Leadership Development into the Law School Curriculum (see notes linked).The room was packed and over-flowing! The appetite for action was exciting. We all agreed that it was time! Lawyers are leaders and leadership development should be an integral part of legal education and training.

After all manner of justifications for why we need to emphasize leadership development in legal education, we identified and acknowledge challenges and we generated ideas. Two of the challenges identified at that time were:

  • How do we get colleagues to support the creation of leadership development initiatives?
  • How do we help professors and staff colleagues incorporate leadership development into all aspects of their legal education (class, clinics, professional identity formation, career development, etc.).

The progress that has been made since those initial meetings is impressive (see Making Progress in Legal Education: Leadership Development Training in Law Schools), but much more is needed. We challenge you to take an active role in helping with creation or growth of leadership development programming at your school.

Our August challenge is:

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.

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.

In a case of colleagues who still think “leaders are born, not made,” victory may be convincing them that leadership development is relevant and important and can be done in law school. Even if they are not yet comfortable that they can effectively include discussions or lessons of leadership in their classrooms, maybe they will be supportive of leadership development efforts of other colleagues.  

In future posts, we will discuss some suggestions for influence and action, which is after all our definition of leadership.

-LEAH

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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