It’s All Coming Together

Long-time Best Practices/Carnegie groupies or aficionados will note that one of other ongoing projects regarding legal education has been the research that Marjorie Shultz and Sheldon Zedeck of Berkeley have been conducting on what skills/qualities lawyers need.  They presented an early version of their findings at an AALS annual meeting several years ago.  Today (3-11-09), the NYT reported on their research.  The article is available at Continue reading

AALS Annual Meeting- Focus on Evaluation

The Association of American Law Schools (AALS) Section on Clinical Legal Education joined with the Section on Professional Responsibility to sponsor a program at the 2009 AALS Annual Meeting.  The first panel focused on  the development of legal ethics in law schools and the effects of clinical legal education on graduates.  I will post something about that panel in the next few days, but this post will focus on the second panel- which was entitled ” Innovative Curricular Developments:  Implementing Best Practices for Educating Lawyers.”  This panel demonstrated methods for providing criteria-referenced evaluations in real-client clinical courses as well as for use in simulations.   Continue reading

The Importance of Training Cross-Cultural Practice Skills

The Best Practices book suggests that a law school curriculum should focus on knowlege, skills and values that are relevant to the practice of law.  I believe that cross-cultural knowledge, intercultural communication and self-awareness are very important to the effective practice of law and will become even more important as our world continues to shrink. The following is a little excerpt from an email Professor Joe Harbaugh sent me about my article Making and Breaking Habits:

I was amused by the “political correctness”/faculty agenda reactions of some of your students; in the field of business, the experiential and survey research on negotiation over the last decade is dominated by cross-cultural studies.  For many lawyers, these aren’t “soft” issues; they’re about as tough as they get!  Today’s lawyers must be conscious of and astute about the questions you address if they are to adequately represent their clients.  Indeed, many of them also may be required to “teach” their clients about the importance of being culturally conscious to successfully conclude a transaction or resolve a dispute.

I love getting support for teaching about these issues! Thanks Joe!

Cultural Knowledge, Intercultural Communication and Self Awareness

I have posted several blogs about ideas involving intercultural communication, cultural knowlege and self awareness.    At the risk of engaging in shameless self-promotion, I would like to announce that my article on these issues just came out as part of the Wash U. Symposium on “Emerging Directions in Clinical Legal Education” ( I know many call these ideas “cultural competence”, but if you read my article you will know why I eschew that terminology…) Continue reading

Best Practices Blog Authors To Present at University of Maryland School of Law

Dean Antoinette Sedillo Lopez and Professor Peter Joy are scheduled to present at the University of Maryland School of Law conference entitled “Curriculum Reform:  Linking Policy and Practice.”  This conference is scheduled for March 6 & 7, 2008.  The conference promises to highlight innovative legal education programs from around the country that were created in response to the Best Practices for Legal Education text.  Continue reading

First Year Practicum Course

My colleague Jenny Moore permitted me to post this course description for Practicum.  She, Alfred Mathewson and  Sergio Pareja are each teaching one section of First Year Contracts.    The Practicum is a one credit course connected to  Contracts.  Here is her description: 

University of New Mexico School of Law Practicum course (Fall 2008)   

 

OVERVIEW:  The goal of the first year year Practicum is to give our students a chance to begin to develop their practical lawyering skills as well as their ethical and professional sensibilities alongside the analytical skills they are honing in their doctrinal courses.  We chose to link Practicum to Contracts, one of our three first semester doctrinal courses, so that we could develop hypothetical exercises that built upon a particular substantive law foundation, and so that three professors could collaborate closely in teaching the course.  Thus we created a “paper client,” Elaine Lobato, who is involved in an employment contract dispute, and we generated various practice-related exercises designed to help students think in practical ways about client representation. 

 

    MOORE section (please note that the other sections incorporated some of these elements as well, or generated their own exercises and assignments):

 

    This section of Practicum regularly broke into small groups, either two groups of 20 students, or three groups of 13.  These groups were led by the instructor, her 2L teaching assistant and invited guest facilitators, including other faculty and staff members.

 

    Hypothetical exercises:

 

    1.  The first exercise was a mock interview of the client, Elaine Lobato (played by a 3L student actor) by her attorney, Atticus Finch (a 2L actor).  Our Practicum students observed the interview, and then were given the opportunity to ask the client additional questions to help draw out the factual basis for her potential claim.  This first exercise focused on the importance of building a trust relationship with the client, as well as thorough fact development. 

    2.  Second, the students were asked to draft a letter to Ms. Lobato, as her potential attorney, offering to represent her and clearly defining the scope of representation.  This second exercise focused on the need to clearly define the issues and the role that the attorney is taking on, whether initial research, negotiations, filing a law suit, defense against a particular law suit or law suits, etc. 

    3.  The third assignment asked the students to draft a letter from Ms. Lobato to the local Board of Education, in which she sought to accept an offer of employment.  This third exercise focused on the importance of careful drafting, to ensure that the various elements of an agreement are present, including essential terms.

    4.  The fourth assignment then required the students to analyze Ms. Lobato’s letter to the Board of Education and other related communications in terms of the validity of the writings under the Statute of Frauds.  This exercise was designed to help students apply common law and statutory requirements to a particular set of facts, and to develop creative legal strategies for seeking a particular outcome.

 

    In addition to these four skills-based exercises, this year’s Practicum gave our students the opportunity to attend presentations by lawyers working in various fields, and to ask them questions about their career experiences.  One attorney talked about the case of Delgado v. Phelps Dodge, a wrongful death case that she ultimately brought to the New Mexico Supreme Court, which served to narrow the scope of employer immunity from tort liability for workplace injury.  Another attorney will speak with our students about his commercial and tort-related practice, encompassing transactional work, as well as the defense of catastrophic injury and medical malpractice claims.  Finally, our students attended a lecture by Sian Elias, Chief Justice of the New Zealand Supreme Court, who spoke about the rights of indigenous people from a comparative law perspective.  Her lecture was of considerable relevance to our students interested in concentrating in the field of Indian Law as well as those whose New Mexico practice will require an understanding of the interrelationships between Indian law, state law, federal law and regional/international law.

 

    Finally, Practicum has created several opportunities for students to think about the practice of law in a broader human context.  One of the sections developed a mini “Law and Literature” unit, in which students selected a work of fiction or non-fiction grappling with justice issues in a particular historical or cultural setting.  Students selected among three books — A Lesson Before Dying, by Ernest Gaines, looking at issues of race and criminal justice; The Welsh Girl, by Peter Ho Davies, revolving around a German POW camp in a Welsh town during the Second World War; and Benjamin Cardozo’s Nature of the Judicial Process, reflecting on the historical evolution of legal precedent.  Before the semester is out, our students will have the opportunity to reflect on their own career goals, and the ways in which they hope to engage their values in the practice of law. 

 

 

Bar Passage and Best Practices for Legal Education

My colleague Alfred Mathewson always makes me think.  He came back from the American Bar Association  Bar Exam Passage conference last week.  He had attended the Crossroads conference at the University of Washington too.  He had some interesting observations.  He said there were several schools that were creating “tracks” for students in the lower end of the class rank to focus them very specifically on legal analysis skills.  Continue reading

Passion, Context Redux (Part 2)

As I noted in my last post, one of the fun aspects of getting a few gray hairs is that we sometimes are around long enough to see a few of our ideas come to fruition. Continue reading

Queries from the Best Practices Implementation Committee

We had a fantastic time in Seattle a few weeks ago, and I for one felt reinvigorated and excited about this great project we’re all involved in — you know, the one about totally reforming legal education? What we didn’t get either from the Best Practices Meets Reality workshop (see my earlier post on September 9th) was much discussion about the following questions.  So I’d be very interested in seeing if we can generate some dialogue here, and then maybe take it on the road at the next round of conferences. 

Let’s brainstorm and generate concrete ideas about the following:

  • A Best Practices checklist or other instrument for implementing curricular and other law school reform;
  • A Best Practices checklist or other instrument for self- and external assessment of individual courses, teaching methods and law school curricula;
  • Potential obstacles to using Best Practices for change or assessment;
  • How to actively engage law students (and perhaps, where feasible, graduate students in education) in selection of educational objectives, development of creative and sophisticated teaching techniques, and assessment of teaching choices and curricular reforms;
  • The feasibility and desirability of a “Commitment to Best Practices for Legal Education” policy statement for potential adoption by law schools;
  • The feasibility and desirability of developing “Best Practices implementation consultants” to engage with law school faculty and administrators;
  • The feasibility and desirability of developing honors, recognition, and/or awards for legal educators and law schools committed to and actively engaged in implementation of Best Practices strategies and techniques (e.g. a Best Practices Certification Program);
  • How to use – and teach others not at the workshop to use — the Best Practices Blog to learn about innovative legal education, including the experiences of law schools that are using elements of Best Practices;
  • Other vehicles to publicize examples of successful implementation of Best Practices concepts and make available detailed information about outcomes.

What do you all think?

 

Carolyn Grose

Passion, Context, Redux (Part 1)

A fun aspect of getting a few gray hairs: we’re around long enough to see our ideas come to fruition.   Some years ago I wrote about the important role of experiential learning in providing context for law students.  Continue reading

Process: Conversations and PR

Back on June 12, I posted about our “baby step” curriculum reform efforts at the University of Washington Law School last year:  information gathering, conversations, and making what we currently do more visible to ourselves. Continue reading

Law Professors and Context-Based Education: The Clinic and the Classroom

New Mexico’s clinical model is quite unusual as far as clinic models go.  All of us who teach in the clinic also teach in the classroom and many faculty members rotate through the clinic.  While the model has its challenges, we think the benefits far outweigh those challenges.  One huge benefit is that faculty members are in touch with how the law actually affects people’s lives, particularly the lives of poor people.  In Best Practices, this is called “context-based education”, ( p. 141.)  

 

My colleague, Nathalie Martin, has blogged about some of her clinical experiences on the Credit Slips blog.   You will notice that the cases and situations she describes involve clients of the clinic and the way the credit industry seems to target poor, uneducated people.    Professor Martin does not just read about these issues.  She lives them!   Here are links to some of  her blogs:

Liveblogging the SEALS Conference 2008: Revamping the Law School Curriculum

Check it out at:

http://lsi.typepad.com/lsi/2008/07/liveblogging-th.html

Two American Keynotes at International Clinical Conference in Cork, Ireland

Jay Pottenger from Yale and Beryl Blaustone from CUNY gave two of the keynote presentations at the recent International Clinical Conference in Ireland.   The theme of the conference was “Lighting the Fire:  The Many Roles of Clinical Legal Education”. (Wonderful conference by the way, kudos to the organizers!).  

An exciting thing about the American presentations was the leadership,,, from MacCrate, to Best Practices and Carnegie.   And, while we complain that law schools in the U.S. have not implemented MacCrate as you would expect from such an important report, nearly every law school in the U.S. now has some form of client-service clinic.   It turns out that an important report was published in the United Kingdom by the Lord Chancellor’s Committee for Education and Conduct in 1996 and was followed in 2001 by the Law Society of England and Wales proposing a new  legal educational framework to teach law students knowlege, skills and ethics.  In the wake of these two important reports, some law schools in the United Kingdom responded by including more simulation courses in the curriculum.  Professor Pottenger’s presentation focused on the superiority of client-service clinical models to simulation programs, particular in imparting training on ethics and building on student motivation.  Professor Beryl Blaustone did a masterful job of demonstrating her techniques for providing meaningful feedback to students in a client- service clinical program.   Her technique of asking the student to identify their own issues with their performance and using that as the springboard for the feedback session is very effective.   Her presentation demonstrated that there are simply some things that can only be taught through the supervison and feedback process in a client-service clinic.

This two-day conference included a wealth of papers and from many jurisdictions addressing the philosophy and techniques of clinical legal education in law schools in many countries.  It was a stimulating conference and the Best Practices book was often mentioned.  I was really proud of the leadership that American clinical legal teachers demonstrated at this important conference.  And the two keynotes by Beryl Blaustone and Jay Pottenger did all clinical teachers from the United States proud!   The conference web page is here: http://www.numyspace.co.uk/~unn_mlif1/school_of_law/IJCLE/

Next year’s International Clinical Conference will be in July in Australia!

New Article: No Excuses Left for Failing to Reform Legal Education

The June/July 2008 issue of the Ohio Bar Association’s magazine, the Ohio Lawyer, focuses on “Mending Legal Education.”  http://www.scbar.org/public/pdf/mendinglegaled.pdf Two articles in the magaqzine discuss the implications of the Best Practices book and the Carnegie report.  One article was written by Nancy Rogers, President of the Association of American Law Schools. 

The other article points out that law teachers no longer have Continue reading