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!
Professor Neil Hamilton, University of St. Thomas School of Law, has written a fantastic article about developing law student teamwork and leadership skills – to be published soon in the Hofstra Law Review, and available now on SSRN.
Hereâs the abstract:
Skills of teamwork and team leadership are foundational for many types of law practice, but how much instruction, supervised experience, assessment, and guided reflection on these two skills did each reader as a law student receive? Law schoolsâ formal curricula, in the authorâs experience, historically have not given much attention to the development of these skills. There also has been little legal scholarship on how most effectively to foster law studentsâ growth toward later stages of teamwork and team leadership. Legal education must do better.
What is the next step for the 58 law schools that have adopted a learning outcome on teamwork or team leadership (plus those that will later adopt this type of outcome)? In Part II, this article outlines the next steps that competency-based education requires for a law school to implement a teamwork and team leadership learning outcome. In Part III, the article presents a stage development model for law student teamwork and team leadership skills. Part IV explains how to use the stage development model in the curriculum so that students can understand the entire range of stages of development of teamwork and team leadership. The students can then self-assess their own current stage of development, and faculty and staff and a studentâs team members can use the model to observe and assess a studentâs current stage of development and give feedback to help the student grow to the next stage. Reflecting on self-assessment, teamwork experiences, and othersâ feedback, a student can create a written professional development plan to grow to the next stage of teamwork and team leadership and get coaching on the plan. The student can also assess the evidence the student has to demonstrate his or her level of development to potential employers.