Module 2 - Life as a Law Student/ Qualities of a Professional Lawyer/ Practice Flashcards
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
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
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?)
4
Q
Research showed
A
memorizing is more cognitive than intuitive with the difference being how information is encoding
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
6
Q
American legal profession is undergoing
A
- disruptive innovation in the way legal services are provided and how law practices are organized
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)
8
Q
There are growing demands for
A
new lawyers to be “practice-ready”
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)
10
Q
Anomie
A
breakdown of any moral values, standards or guidance for individuals to follow
11
Q
(Educating lawyers Report, 2007) Current structure of legal education fails to
A
nurture resilience
12
Q
Cognitive/Academic Apprenticeship
A
what law schools place most emphasis on upon inducting students into learning legal reasoning
13
Q
Second Apprenticeship of Practice
A
preparation for practice (few schools gave attention to this form)
14
Q
Third Apprenticeship
A
professional identity and purpose (least attention from law schools; area where resilience is cultivated)
15
Q
Define quality
A
distinguishing character or nature of an individual relating the individual’s role as a professional lawyer
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
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
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
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
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
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
22
Q
Values and virtues are
A
foundational to career-long growth and are the foundation from where an effective lawyer builds
23
Q
Most foundational to emergence as a true professional
A
Internalized moral core
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
25
Elements of professional formation
- 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
26
student/new lawyer's understanding of professional formation depends on
student/new lawyer's stage of development (can grow over a career toward internalization of later-stage understanding)
27
Professional formation for law students
professional formation toward a moral core of responsibility for others (captures nature of the challenge and other-directedness)
28
Professional formation entails
career-long growth toward an internalized moral core characterized by deep responsibilities for others
29
fiduciary disposition
trustworthiness quality --> internalization of deep responsibilities for others
30
Internalized moral core values will be effective in achieving
- successful, long-term client relationships
- effective teamwork
- persuasive speaking, writing, and negotiation
31
Three reasons for internalizing later-stage understanding of professional formation
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"
32
What is the social contract?
public grants the profession substantial autonomy to regulate itself through peer review and in return, the profession services the public
33
Through the social contract with the public, what does every lawyer commit to?
- 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
34
Moral insight
determine to treat others as we do ourselves (aka normative ethics)
35
Key lessons from Chapter 1
- 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
36
How is law school a transformational experience (from non-lawyer to lawyer)?
Students take on a new professional identity as a result of an education process that is both successful and challenging
37
What is an authentic lawyer?
Authentic lawyer --> living consistently with one's deepest values and core beliefs
38
Authenticity refers to
ability to hold onto personal values while integrating them with a newly-acquired identity as a lawyer
39
Why does living authentically matter?
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
Inauthentic lawyers are
more likely to act unethically, experience anxiety and stress, and damage both professional and personal relationships
41
When intrinsic values are primary
people experience satisfaction and well-being
42
when extrinsic values are primary
people experience angst and distress; less likely to do a good job
43
Law school has the unintended consequence of
separating people from themselves --> many students/lawyers lack authenticity
44
Intrinsic values
fulfilled when a person chooses an action they genuinely enjoy/furthers a fundamental purpose
45
Extrinsic values
choose an action because of external rewards (ex. money)
46
Positive factors of the law school challenge
- disciplined
- developing greater confidence
- improved ability to articulate arguments
47
Negative factors of the law school challenge
- losing sense of self
| - losing sense of purpose
48
Focus on extrinsic awards can
tempt people to act in ways that are at odds with their deeply-held belief systems
49
Being a good lawyer requires
integrating new skill of objective reasoned analysis with personal skills of empathy, compassion, and a sense of justice
50
In law school, students set aside old ways and are taught
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
Mechanism used for legal reasoning is
to set aside personal feeling to make a sound argument which teaches students to compartmentalize their feelings and values
52
Unhealthy aspects of the law school environment stem from
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
In most law school classes, grades are measured by performance on tests that measure only legal reasoning skills which
further devalues non-cognitive abilities
54
Devaluing of collaboration through competitiveness in law school leads to
isolation both outside and inside of the classroom
55
Law schools adopting many of the values and characteristics of ________ increase the gap between legal education and the profession
academia
56
Performance in law school is based on
the kinds of things that UNIVERSITIES value most highly (cognitive skills like research, writing, and performance)
57
Emphasis on on performance in law school has two consequences
- 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
Students arrive at law school as developed adults with a set of moral and ethical values but
they have NOT completed the process of ethical formation and will not have completed it by the time they graduate (life-long process)
59
What kind of habits are helpful to being authentic?
- Habits of connection
| - Habits of reflection
60
Habits of connection
- 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
Habits of reflection
- 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
Key lessons
- choose to become an authentic lawyer
- reflect for personal growth
- choose a future and be aware of the positives and negatives
63
Law school is a metamorphosis, which means it is a
life changing process
64
What do you learn in law school?
- 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
What are the challenges of law school?
- 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
What does it mean to be authentic?
Be true to your beliefs so that you will be fulfilled and therefore a better law student and lawyer
67
An authentic person/law student does NOT
compromise moral standard or principles --> be authentic to who you are independent of the fact that you want to be a lawyer
68
Intrinsic Motivation
- leads to sense of fulfillment and peace
- maintain connections with family and friends (support system)
- make time to help others
- look beyond yourself
69
Extrinsic Motivation
- 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
A balanced life combines intrinsic and extrinsic BUT
intrinsic should be primary
71
With the transition to law school students experience a shift in their motivations. Being a good lawyer is
integrating learning, reasoned, skilled analysis with personal skills of empathy and compassion
72
What changes as you begin law school?
- critical thinking and analysis
- competitive environment
- disconnection from the outside world
73
Authenticity plan --> reconcile your professional life and authentic self by
- a practice that is consistent with your genuine self
| - a work environment that makes you happy
74
How to form habits of connection and reflection
- 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
Speakers
Jessica Nunez 2L (UM)
Jenelly Perez 1L (FSU)
Karla Herrera 2L (UF)
Jorge Yegres 2L (FIU)
76
Jessica Nunez
started law school at 20
77
Jorge Yegres
did 1st year of law school online; had a lot of volunteering experience
78
Karla Herrera
took a gap year
79
Jenelly Perez
Was on the Panther Mock trial team and took a gap year
80
What is one piece of advice to give before starting law school (speakers)?
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
What is your typical day like (speakers)?
Karla: wake up everyday at 6am, head to school at 7; sets a stop time everyday at night.
82
How is it different from undergrad (speakers)?
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
Gap year (speakers)
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
Resume and recommendation letters (speakers)
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
Competitiveness of law school (speakers)
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
How do you find that law school separated you from people/ manage being in this "bubble?"
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
Law school change/ admission (speaker)
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
Final Advice (speakers)
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)
