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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 [email protected].

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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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Lead Yourself First: Inspiring Leaders Through Solitude

By Caleb Bortner, Baylor Law Student


Friends,

As part of our leadership development class at Baylor Law, one of the assignments over the quarter is to read a book about leadership. Our definition of what constitutes a leadership book is broad for this purpose, so our students choose a wide variety of books, ranging from “leadership lite” (as Deborah Rhode called it) to biographies of famous leaders. The task to complete the assignment is for the students to write a short review covering the book and why someone who is interested in leadership might want to read it. So, we hope you enjoy Caleb Bortner’s review of Lead Yourself First: Inspiring Leaders Through Solitude by Raymond M. Kethledge and Michael S. Erwin.

– Stephen Rispoli


In a time when most of us are alone, due to Covid-19, how can we use this solitude to benefit ourselves and our society? I chose “Lead Yourself First” because the idea of isolation strikes me as something many of us are coping with right now. So how do we turn this “negative” into a positive force in our lives? How can we harness this unfortunate life event into something positive for us all?

Throughout history, leaders have used solitude as a sort of galvanizing tool to solve problems. Leaders have used solitude to bring focus without the constant background noise. Solitude brings out your natural intuition. It brings self-awareness or introspection in a way that would be impossible when surrounded by those you are leading. Time alone allows leaders to strengthen themselves using their faith or own inner strength and look at a problem from a different viewpoint. “Lead Yourself First” explored how many historical figures used solitude as a tool to create solutions.

Whether it was Ulysses S. Grant’s solitude in his tent after sickness, or Aung San Suu Kyi’s time imprisoned, or Martin Luther King Jr.’s imprisonment in Birmingham, leaders have found that time away from everyone allowed them to think. This opportunity to think, and to think deeply, allowed them to utilize the tools that made them great leaders in the first place. For Martin Luther King Jr., it galvanized his faith and resilience to keep fighting against systemic racism. Solitude gave Jane Goodall a chance to think deeply about chimpanzees and intuit a way to study them more closely. Solitude allowed Marie Curie the chance to intuit innovative experimentation techniques and conduct groundbreaking research.

In addition to the informative historical examples throughout “Lead Yourself First,” there were also stories of leaders in society today and examples of how solitude helped them. Frequently, Kethledge and Erwin focused on running as a mechanism for solitude. Not only does running create space between yourself and others, but it is also a way many people use to think through problems they are facing. Often, if stuck in a rut when you are writing or stuck with a problem, a piece of advice people will give you is to go for a walk. There is a reason for this; it allows you to place space between yourself and the problem and will enable you to think more deeply than you would if you were distracted by the electronics in your home.

Kethledge and Erwin end their book with straightforward advice about solitude and its benefits. They say that solitude works because it allows you to embrace hard thinking. It will not work if you use solitude to think on a superficial level or review old emails on the subject. Take solitude for the gift that it is. Close your office door, spread out all the documents on the matter, or allow yourself to look at your problem on a macro level and think about it from every angle you can. Kethledge and Erwin encouraged blocking off time to engage in hard thinking and solitude. They warned to use this time wisely to engage and embrace hard thinking and not just a superficial review of the issue at hand.

I would recommend this book to anyone struggling with the forced alone time we all have right now due to Covid-19. It helped me refocus my energy when I put into context all the forced solitude leaders from history have endured. They were all pillars of strength and used their time alone to create something extraordinary. I think we can all take notes from history and from “Lead Yourself First” to make our time in quarantine the most useful that we can.

– CALEB BORTNER

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Women in Leadership: The Movement Beyond the Glass Ceiling

By Jessie Cox, Baylor Law Student


Friends,

As part of our leadership development class at Baylor Law, one of the assignments over the quarter is to read a book about leadership. Our definition of what constitutes a leadership book is broad for this purpose, so our students choose a wide variety of books, ranging from “leadership lite” (as Deborah Rhode called it) to biographies of famous leaders. The task to complete the assignment is for the students to write a short review covering the book and why someone who is interested in leadership might want to read it. So, we hope you enjoy Jessica Cox’s review of Lean In by Sheryl Sandberg. Even though Lean In has been covered extensively since it was published, we thought Jessie’s coverage of the book was a good read and thought you all might appreciate it.

– Stephen Rispoli


Sheryl Sandberg is a mother, a wife, a proponent for women’s rights, the Chief Operating Officer of Facebook, and the first woman ever to serve on Facebook’s Board of Directors. In her 2013 bestseller, Lean In, Sandberg discusses what she’s learned about the double standards women face in the corporate workplace, relying on both on her own experience as well as analytics and research to promote a future for women that leaves inequality behind.

The crux of Sandberg’s 5-point plan presented in Lean In is to encourage women to succeed in whatever career plan they choose. While she does strongly believe that women can do everything, she recognizes that a future without inequality doesn’t require that. Instead, the focus is on creating an environment where every woman can make a choice that is best for her without feeling guilty.

“Conditions for all women will improve when there are more women in leadership roles giving strong and powerful voices to their needs and concerns.”

Sandberg suggests that there are 5 methods women should implement on an individual level to address prejudice in the workplace:

1. SIT AT THE TABLE

Women will never be recognized as we should if we are too afraid to sit at the table. Sandberg referenced an experience in this chapter that really resonated with me. She was at a meeting when a male client walked in with two female associates. While the male, without hesitation, sat at the conference table, the two women automatically sat off to the side. As a young female in the workplace, I expect to not have a seat at the table, and that mindset is part of the problem.

Sandberg cited a statistic here that was jolting. When this book was written, only 7% of women negotiated for themselves in the workplace compared to almost 1/3rd of men. Even though most women currently in the corporate sphere did not grow up in a world where they had to fight for basic civil rights, Sandberg believes that women are still ingrained to think that they don’t deserve their successes. While men attribute success to their own hard work, women give away their successes to others – that someone helped them, or gave them a lucky break, instead of crediting their own hard work and expecting the same accolades given to men. Thanks to a century of hard work, there is now a chair waiting for women at that conference table, and we can’t be afraid to take it.

2. IT’S OK TO NOT BE LIKED BY ALL

A big part of moving past inequality is embracing change, and there will always be those that do not like change. As more women succeed in the workplace and take on leadership roles, it may mean taking a role that some believe was made for a man. However, Sandberg wants women to be confident enough in our own abilities and worth to be ok with jealousy and those that may be upset that we are succeeding.

“When you want to change things, you can’t please everyone.
If you do please everyone, you aren’t making enough progress.”

Moving into an era where women can truly do anything without feeling pressured by societal expectations involves other women being more accepting. Sandberg repeatedly emphasizes the importance of uplifting not only women that are leaders in the workplace, but also women that choose to be stay at home moms. There is no one size fits all formula.

3. EMPOWER OTHER WOMEN

Moving into an era where women can truly do anything without feeling pressured by societal expectations involves other women being more accepting. Sandberg repeatedly emphasizes the importance of uplifting not only women that are leaders in the workplace, but also women that choose to be stay at home moms. There is no one size fits all formula.

4. GET THE RIGHT PARTNER

This was the most surprising step of the plan to me because it is not an area that many people are comfortable discussing. Sandberg believes in inequality on all fronts – both at the workplace, and at home. Generally, however, even for women that work full-time corporate jobs, those women are still taking on 2x the amount of housework and 3x the amount of childcare and rearing than their male partners. Much of this is related to another ingrained mindset where we put more pressure on boys to succeed than we do girls. Sandberg suggests that truly embracing inequality for women means giving women the same time, choices, and opportunity that men have to succeed, and that starts at home.

5. SPEAK UP AGAINST PREJUDICE

Being a leader in a world where prejudice still exists means speaking out when you see something wrong. Staying silent and watching inequality happen is essentially accepting inequality for what it is, and that is not something that any woman should be okay with. The more we get people talking, the more we get people caring about making those important changes that lead to a future we deserve.

“What would I do if I weren’t afraid?
And then go do it.”

Standing up for yourself is scary. Standing up for yourself as a woman in a room full of men is even scarier. However, our ability to succeed as female leaders in the workplace is dependent on us believing in ourselves enough to be willing to confront that fear. As a young woman, I am full of self-doubt and anxiety about being able to be successful and being enough. And Sandberg really hit home for me in this regard – if I spent half the time and energy I spend on being afraid on believing in myself instead, there would be no limit to what I could achieve. If you can’t see how step the mountain is, then you can’t fear it.

I truly enjoyed reading Lean In, and highly recommend it for other women that want a refreshing and encouraging book on how to embrace your own ambition and worth to succeed as a woman and as a leader in life and in the workplace.

JESSIE COX

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Article Recommendation: Stories of Leadership, Good and Bad: Another Modest Proposal for Teaching Leadership in Law Schools

By Leah Teague


We recommend to you an article coming out in the Spring 2021 issue of the Journal of the Legal Profession. Professor Doris Brogan, the Harold Reuschlein Leadership Chair at Villanova University Charles Widger School of Law, addresses the question of why we should prepare law students for positions of influence and impact as leaders in society. The question was raised by her colleagues during a discussion about curricular objectives and goals. After immediately answering that we should, Prof. Brogan asked herself, “Why did it seem so right to prepare all our students with leadership skills if not all of them would end up in the that necessarily exclusive group we designate leader?” The article is the result of her research and reflection. She recognized that “good leadership education will make our students better lawyers, whether they become leaders or not.” She then addressed the myth that leadership cannot be taught. She proclaimed, “Of course, it can. Indeed it must be taught.”

The article is a delightful read with discussions of leaders who rose to positions of great influence, such as Abraham Lincoln, Theodore Roosevelt, and Lyndon Johnson. She included stories about companies who lacked moral leadership at critical times, such as Volkswagen and Wells Fargo. I especially appreciated her introduction to Dr. Mary Gentile’s work on Giving Voice to Values (GVV) which she recommends be adapted to law school curricula to provide “an effective platform to structure values-based leadership education.” Using GVV can prepare students to “step up and speak out in the face of actions or decisions that challenge their values,” which is a form of “informal leadership, or leadership without specific authority.”

I also appreciate her tribute to Deborah Rhode’s body of work in the areas of professional responsibility, women’s leadership and finally our movement to encourage leadership development in legal education. See footnote 2 of the article.

In the article, Professor Brogan suggests several imperatives:

  1. Law schools must prepare students for formal and informal leadership;
  2. Leadership education must focus hard on values education, and engage students in difficult, concrete discussion exploring personal, institutional, and universal values;
  3. Leadership education must prepare students to speak up for their values and in service of doing the right thing courageously, and effectively, and to do so strategically, without unnecessarily putting their careers at risk); and
  4. Those in positions of power—those in a position to act— must be prepared to listen and to hear. Few students will find themselves in influential leadership positions straight out of law school; rather, they will evolve as leaders, developing a constellation of skills and approaches and honing leadership aptitudes in an ongoing process of learning “throughout a professional trajectory . . . .”

Professor Brogan opines that “law school offers a safe place to wrestle with these issues—a place where the risks are low and where the student can try out different responses with no concern about real-world consequences. In short, law school offers a venue to help students develop a strong values-based foundation, the incentive to act in defense of values, and skills required to do so.”

For a synopsis of Professor Brogan’s article, see the March 18, 2021 posting by Dean Paul Caron in TaxProf Blog.