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Law and the Legal Profession > Module 2 - Life as a Law Student/ Qualities of a Professional Lawyer/ Practice > Flashcards

Module 2 - Life as a Law Student/ Qualities of a Professional Lawyer/ Practice Flashcards

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1
Q

Deliberate practice

A

effective form of practice; done by a constant sense of self-evaluation and focusing on weaknesses rather than playing to strengths

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2
Q

Journal of Research in Music Education findings (Professor Robert Duke of University of Texas)

A

difference between top-ranked piano students was on their “handling of errors” AKA best pianists addressed mistakes immediately and better able to correct them

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3
Q

Anders Ericcson

A

Swedish psych professor -> Expert Performance Movement (investigate: when someone is good at something, what is it that makes them good?)

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4
Q

Research showed

A

memorizing is more cognitive than intuitive with the difference being how information is encoding

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5
Q

Best way to encode

A

through deliberate practice which is –> more than repetition, obtaining immediate feedback and concentrating on both technique and outcome equally

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6
Q

American legal profession is undergoing

A
  • disruptive innovation in the way legal services are provided and how law practices are organized
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7
Q

What factors are responsible for the changes the legal profession is undergoing?

A
  • severe economic downturn that has made all consumers of legal services more conscious of costs
  • advances in information technology are transforming legal work
  • fewer law jobs are forecast (despite unmet need for representation)
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8
Q

There are growing demands for

A

new lawyers to be “practice-ready”

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9
Q

Resilience is a function of

A

developing a sense of purpose and strong commitment to values beyond the self (for lawyers –> identifying with larger values of the profession including justice and service to society)

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10
Q

Anomie

A

breakdown of any moral values, standards or guidance for individuals to follow

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11
Q

(Educating lawyers Report, 2007) Current structure of legal education fails to

A

nurture resilience

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12
Q

Cognitive/Academic Apprenticeship

A

what law schools place most emphasis on upon inducting students into learning legal reasoning

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13
Q

Second Apprenticeship of Practice

A

preparation for practice (few schools gave attention to this form)

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14
Q

Third Apprenticeship

A

professional identity and purpose (least attention from law schools; area where resilience is cultivated)

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15
Q

Define quality

A

distinguishing character or nature of an individual relating the individual’s role as a professional lawyer

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16
Q

What capacities do legal employers look for in new lawyers?

A
  • integrity
  • honesty
  • trustworthiness
  • internalized commitment to self-development toward excellence
  • self-awareness
  • capacity to take feedback and reflect on weaknesses and mistakes
  • effective teamwork
  • strong client relationships
  • good judgment
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17
Q

Competency-based approach/Competency model

A

identifying the characteristics of a firms most successful lawyers and using these characteristics to anchor the firm’s talent management strategy

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18
Q

Corporate clients want and evaluate

A

technical legal skills and good judgement, high commitment and responsiveness to the client; full understanding of the clients business and needs; and teamwork

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19
Q

Individual clients want

A

not just technical skills but honesty, integrity, diligence, good relationship skills, problem solving, listening skills, ability to see things through the eyes of others, counseling proficiency, and reflective self-development

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20
Q

Synthesis of Four Empirical Studies (what Legal Employers and Clients want)

A 
Values and virtues
Critical thinking and judgement
Service orientation with clients
Working with others
Communications
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21
Q

How do legal employers and clients evaluate a lawyer’s effectiveness (beyond the quality of their legal skills)?

A

By looking at the values and virtues relating to both their moral core and ability to build successful relationships with clients and work with colleagues

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22
Q

Values and virtues are

A

foundational to career-long growth and are the foundation from where an effective lawyer builds

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23
Q

Most foundational to emergence as a true professional

A

Internalized moral core

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24
Q

What is professional formation

A

ongoing self-reflective process involving habits of thinking, feeling, and acting + lifelong commitment to continued progress in technical excellence and aspirational goals of the profession

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25
Q

Elements of professional formation

A
  • ongoing solicitation of feedback and self-reflection
  • internalized standard of excellence at lawyering skills
  • integrity and honesty
  • adherence to ethical codes
  • public service
  • independent professional judgement
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26
Q

student/new lawyer’s understanding of professional formation depends on

A

student/new lawyer’s stage of development (can grow over a career toward internalization of later-stage understanding)

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27
Q

Professional formation for law students

A

professional formation toward a moral core of responsibility for others (captures nature of the challenge and other-directedness)

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28
Q

Professional formation entails

A

career-long growth toward an internalized moral core characterized by deep responsibilities for others

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29
Q

fiduciary disposition

A

trustworthiness quality –> internalization of deep responsibilities for others

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30
Q

Internalized moral core values will be effective in achieving

A
  • successful, long-term client relationships
  • effective teamwork
  • persuasive speaking, writing, and negotiation
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31
Q

Three reasons for internalizing later-stage understanding of professional formation

A
  1. professional formation of each student/lawyer supports the legal professions unwritten social contract with the public
  2. empirical research points to higher probability of longevity from reaching out and giving back to friends/community and increased levels of happiness and well-being from service to others and some suppression fo self-serving impulses
  3. living the “moral insight”
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32
Q

What is the social contract?

A

public grants the profession substantial autonomy to regulate itself through peer review and in return, the profession services the public

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33
Q

Through the social contract with the public, what does every lawyer commit to?

A
  • set and enforce standards of how individual lawyers perform their work so it serves the client and public good
  • foster the core values and ideals of the profession
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34
Q

Moral insight

A

determine to treat others as we do ourselves (aka normative ethics)

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35
Q

Key lessons from Chapter 1

A
  • distinguish yourself in a competitive market
  • professional formation has developmental stages
  • reflect on mistakes and don’t focus too much on legal terms
  • Pro Bono and community service are important
  • emphasize the importance of dialogue with other law students and lawyers about the traits and qualities of the professional lawyer
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36
Q

How is law school a transformational experience (from non-lawyer to lawyer)?

A

Students take on a new professional identity as a result of an education process that is both successful and challenging

37
Q

What is an authentic lawyer?

A

Authentic lawyer –> living consistently with one’s deepest values and core beliefs

38
Q

Authenticity refers to

A

ability to hold onto personal values while integrating them with a newly-acquired identity as a lawyer

39
Q

Why does living authentically matter?

A

studies show links between living authentically and being a good lawyer and fulfilled person –> will be a better lawyer, spouse, friend, parent, and community member

40
Q

Inauthentic lawyers are

A

more likely to act unethically, experience anxiety and stress, and damage both professional and personal relationships

41
Q

When intrinsic values are primary

A

people experience satisfaction and well-being

42
Q

when extrinsic values are primary

A

people experience angst and distress; less likely to do a good job

43
Q

Law school has the unintended consequence of

A

separating people from themselves –> many students/lawyers lack authenticity

44
Q

Intrinsic values

A

fulfilled when a person chooses an action they genuinely enjoy/furthers a fundamental purpose

45
Q

Extrinsic values

A

choose an action because of external rewards (ex. money)

46
Q

Positive factors of the law school challenge

A
  • disciplined
  • developing greater confidence
  • improved ability to articulate arguments
47
Q

Negative factors of the law school challenge

A
  • losing sense of self

- losing sense of purpose

48
Q

Focus on extrinsic awards can

A

tempt people to act in ways that are at odds with their deeply-held belief systems

49
Q

Being a good lawyer requires

A

integrating new skill of objective reasoned analysis with personal skills of empathy, compassion, and a sense of justice

50
Q

In law school, students set aside old ways and are taught

A

new ways of how to think; learn substantive law by reading and synthesizing appellate opinions and they learn to sort relevant facts from irrelevant facts

51
Q

Mechanism used for legal reasoning is

A

to set aside personal feeling to make a sound argument which teaches students to compartmentalize their feelings and values

52
Q

Unhealthy aspects of the law school environment stem from

A

an emphasis on external rewards like grades, supported by grading curves, class rank rewards that come from good grades (journal membership, high-paying summer jobs, prestigious first jobs)

53
Q

In most law school classes, grades are measured by performance on tests that measure only legal reasoning skills which

A

further devalues non-cognitive abilities

54
Q

Devaluing of collaboration through competitiveness in law school leads to

A

isolation both outside and inside of the classroom

55
Q

Law schools adopting many of the values and characteristics of ________ increase the gap between legal education and the profession

A

academia

56
Q

Performance in law school is based on

A

the kinds of things that UNIVERSITIES value most highly (cognitive skills like research, writing, and performance)

57
Q

Emphasis on on performance in law school has two consequences

A
  • separates students from larger goal of being a lawyer and why they want to become a lawyer
  • leads students to conclude that if they do not enjoy law school they will not enjoy being a lawyer
58
Q

Students arrive at law school as developed adults with a set of moral and ethical values but

A

they have NOT completed the process of ethical formation and will not have completed it by the time they graduate (life-long process)

59
Q

What kind of habits are helpful to being authentic?

A
  • Habits of connection

- Habits of reflection

60
Q

Habits of connection

A
  • list important relationships (family, friends)
  • think about where these relationships fit with priorities of time and attention
  • be mindful of ways that lawyering skills may interfere with those relationships/ understand when these skills should be modified or set aside
  • developing relationships with fellow students can reduce feeling of isolation
  • form connections with lawyers (overcome education-profession gap)
  • faculty members are viable candidates for expanding professional relationships
61
Q

Habits of reflection

A
  • reflection helps reconnect students with what matters most/guide choices they make to be true to their intrinsic values (“I decided to go to law school because…”)
62
Q

Key lessons

A
  • choose to become an authentic lawyer
  • reflect for personal growth
  • choose a future and be aware of the positives and negatives
63
Q

Law school is a metamorphosis, which means it is a

A

life changing process

64
Q

What do you learn in law school?

A
  • learn about the law
  • acquire distinctive skills and habits of lawyers
  • develop an understanding of ethical obligations of the profession
  • learn to think like a lawyer
65
Q

What are the challenges of law school?

A
  • physical and mental health exhaustion
  • sense of self isolation
  • difficulty adjusting to a new, rigorous schedule
  • new academic challenges
  • loss of self-esteem
  • challenges to succeed in a world where everyone has been academically successful
66
Q

What does it mean to be authentic?

A

Be true to your beliefs so that you will be fulfilled and therefore a better law student and lawyer

67
Q

An authentic person/law student does NOT

A

compromise moral standard or principles –> be authentic to who you are independent of the fact that you want to be a lawyer

68
Q

Intrinsic Motivation

A
  • leads to sense of fulfillment and peace
  • maintain connections with family and friends (support system)
  • make time to help others
  • look beyond yourself
69
Q

Extrinsic Motivation

A
  • usually done to get something in return
  • leads to self-isolation and superficial relationships
  • seeks self-aggrandizement and accumulation of wealth (golden handcuffs)
  • leads to anxiety and stress
70
Q

A balanced life combines intrinsic and extrinsic BUT

A

intrinsic should be primary

71
Q

With the transition to law school students experience a shift in their motivations. Being a good lawyer is

A

integrating learning, reasoned, skilled analysis with personal skills of empathy and compassion

72
Q

What changes as you begin law school?

A
  • critical thinking and analysis
  • competitive environment
  • disconnection from the outside world
73
Q

Authenticity plan –> reconcile your professional life and authentic self by

A
  • a practice that is consistent with your genuine self

- a work environment that makes you happy

74
Q

How to form habits of connection and reflection

A
  • maintain relationships and activities outside of law school
  • relate to people as individuals (compassion and understanding)
  • time management (allows for life balance)
  • healthy relationships in law school (non-competitive)
  • find a mentor (model for healthy balanced life)
  • stay true to your goal (why do you want to be a lawyer)
  • reflection and reassessment (reevaluate your goals and reflect on your path/stay grounded aka journal)
75
Q

Speakers

A

Jessica Nunez 2L (UM)
Jenelly Perez 1L (FSU)
Karla Herrera 2L (UF)
Jorge Yegres 2L (FIU)

76
Q

Jessica Nunez

A

started law school at 20

77
Q

Jorge Yegres

A

did 1st year of law school online; had a lot of volunteering experience

78
Q

Karla Herrera

A

took a gap year

79
Q

Jenelly Perez

A

Was on the Panther Mock trial team and took a gap year

80
Q

What is one piece of advice to give before starting law school (speakers)?

A

Jenelly: dedicate a lot of time to the LSAT but know you are more than your LSAT score

Karla: take care of your mental health

Jessica: try your best but don’t neglect your mental health

Jorge: law school is full-time, it is going to take a lot out of you

81
Q

What is your typical day like (speakers)?

A

Karla: wake up everyday at 6am, head to school at 7; sets a stop time everyday at night.

82
Q

How is it different from undergrad (speakers)?

A

Jenelly: law school is immersive, always in it

Jessica (hybrid model): plans days hourly, have to keep yourself accountable, undergrad required less of a time commitment

Jorge: studying in the library with classmates vs. at home (difficult to explain to family)

83
Q

Gap year (speakers)

A

Jessica: law school starts from day one, taking time off depends on the person –> gap year is a personal choice

Jorge: gap year could have helped; take it as a time to prepare for law school and do the things you want before committing to law school

84
Q

Resume and recommendation letters (speakers)

A

Jenelly: don’t feel like you need to work in the field to make your application look better but it is good to gain perspective

Karla: law school is different from practice, work in the area you want to

Jorge: don’t necessarily have to have legal experience (can do volunteering) and don’t underestimate other things

Jenelly: be intentional about getting recommendation letters; go to office hours

85
Q

Competitiveness of law school (speakers)

A

Jessica: competitive aspects depend on your own competitive nature; value camaraderie and study groups

Karla: there are people who just want the ‘A’ (aka Gunners)

Jenelly: competition is more subtle (FSU) but don’t let it get to you

Jorge: subtle @ FIU –> people text you to know what grades you got

86
Q

How do you find that law school separated you from people/ manage being in this “bubble?”

A

Jorge: Making a study group is helpful, friends outside of the field may not understand –> people need to understand that you do not have as much time/ need time for yourself

Karla: have someone outside of the “bubble”

87
Q

Law school change/ admission (speaker)

A

Jessica: law school has made me grow up fast because of how much responsibility it brings; have to come to law school with an open mind –> nothing but law school prepares you for law school; (did live online course for lsat) a lot of the studying/prep has to do with practicing

Jorge: gained confidence through law school and gone through imposter syndrome –> know that you belong there; it’s okay to take the lsat more than once

Jenelly: don’t have regrets after taking the LSAT (know you did your best); score doesn’t measure intelligence or how you’re going to do in law school; outlines –> need them to distill information to better absorb material in law school

Karla: GPA, extracurriculars, and personal statement matter too; how you study for the lsat is personal and depends on what kind of student your are and your budget; rationalize more now in law school vs memorizing in undergrad

88
Q

Final Advice (speakers)

A

Jenelly: be mindful, soak it all in, be grateful, and remember why you’re here

Jessica: enjoy the moment and take time for the things you want to do

Karla: law school is manageable; life doesn’t stop when you’re in school, trust the process

Jorge: don’t lose yourself, do the things you love to do and stay true to who you are (not just a law student)

Law and the Legal Profession (9 decks)

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