Teaching What You Don’t Know—Wonderful Book with a NSFW Title

Teaching What You Don’t Know by Dr. Therese Huston is the most helpful teaching book I’ve ever come across.  It combines theory, practical advice, and reassurance in short and helpful chapters.  It has something for everyone who teaches law school at any level.  While the title might be off-putting to those being taught (maybe keep it home), as she explains it, “Teaching what you don’t know is an increasingly common reality for a majority of academics.”  To paraphrase, the only people who don’t teach what they don’t know are adjuncts hired for single classes and very senior research professors who buy out their teaching time.  The rest of us, very much including law professors who she acknowledges throughout, are essentially teaching survey courses in which it would be impossible to claim expertise for every point and chapter.

All that said, this book is truly a life-saver for the times when we truly, really are teaching what we don’t know either because we have taken on someone else’s class in an emergency or more naturally, when starting out when we are asked to teach a class for the first time. “Knowing” an area of law and “knowing how” to teach it are two very different things.  It’s also helpful when you are new at an institution and the students don’t know you.

In a few very short chapters, Dr. Huston provides practical advice for every challenge—very much including how to prepare and how to present yourself and your state of expertise in the class.  The section on “Establishing Credibility” is a must for anyone teaching something or somewhere new.  It can also help navigate the very choppy waters of teaching evaluations—which as we are all now aware reflect first impressions and often dovetail societal biases.

It’s worth some quotes— “Your knowledge of the field may be the primary way that you earn credibility from your colleagues, but you have a different relationship with students and you establish credibility, respect, and trust in different ways.  Research shows that instructors tend to lose credibility with their students when they:

  • “Show up late for class
  • Lack familiarity with the text
  • Cannot explain difficult concepts
  • Rarely ask if students understand their explanations
  • Does not make any attempt to answer students’ questions
  • Fail to follow course policies”

And even more helpful “there are several things you can do to create the kind of credibility that matters to students”

  • Show up on time for class, preferably early, so you have a chance to connect with students and find out if they have any questions
  • Periodically ask students if they understand the material

That first suggestion is gold.  I urge it on everyone.  It can work like magic.  And make your class more welcoming and inclusive. Research suggests that students care that you care—and the simple act of arriving early (even if the classroom isn’t available, you can mingle) allows you to interact informally with students who might never rush the podium after class or certainly not make the pilgrimage to office hours.

It’s also great for those who want to adopt new teaching methods.  There are a lot of teaching books—all with value.  But sometimes reading about 150 techniques for active learning is overwhelming.  Dr. Huston’s advice is highly curated, clearly explained, and very doable. I’ve given this book away several times since discovering it in the education section of a London bookstore and can’t count how many times I’ve read it and recommended it to others.  I don’t know why it isn’t better known.  Despite its title and its value to beginners and those who find themselves teaching something truly new, what the book really provides is sound, research based advice of value to everyone interested in teaching excellence-—even when teaching things you really know quite well. 

Jennifer S. Bard,J.D., M.P.H., Ph.D.,Visiting Professor at the University of Florida’s Levin College of Law

A Few Practical Classroom Resources For The Weeks Ahead: Accessibility, Clarity, And Inclusivity

By this point in August, all faculty, no matter how long you’ve teaching, come to the realization that your class is probably as ready as it is ever going to be.  For those of us particularly interested in teaching law students, it’s also the time to get realistic about the extent to which we can incorporate all the best practices that we know should be in our classes to provide the best possible experiences for our students.  So, what are some practical things you can do right now?  This helpful information from WVU for faculty teaching for the first time can be a helpful checklist.

These are a few high yield resources that I find particularly helpful for turning these intentions into action.

  1. Accessibility

One of the most basic issues we all face is whether the material we provide our students is accessible to them.  Fortunately, there are excellent resources to help use principles of universal design—and not only is it a good idea to follow these principles, it’s actually the law. 

For that reason, it’s likely that your own university already has materials but here are some examples to get you started.  An overview from Cornell,  WVU advice specific to PowerPoints, a comprehensive resource from Colorado and some more pointers about PowerPoint from Blackboard.    Often forgotten is the accessibility of video material—here’s some good advice.

Finally, here is a barebones checklist for documents from the U.S. Govt that could be helpful as a last step before releasing a more substantial document to the class.

  • Clarity of Content

We all want to be clear—and it turns out there are some best practices for doing that.  Here’s one to get started with. (more later)

  • Inclusivity—a few thoughts on names

We all want our classrooms to be a welcoming learning environment for all of our students.  A first step to doing that is just to remember that we all see the world through our own experiences and it’s likely that other people will see it differently.  And luckily there are experts both within the field of legal education, law, and more generally higher education who can help us achieve that goal.   My first advice is to seek out experts starting on your own campus.  Beyond that—are a few resources and a warm invitation to include more in the comments.   

The American Association of Colleges and Universities, a compendium of resources specific to GLBTQ inclusivity, and some information from the ABA

Much is written regarding best practices in calling students by whatever name they choose—and maybe more on how to make that happen later.  

But here’s something less discussed– the names we use for the many hypotheticals we end up writing.   While it seems fun at the beginning to write the “stories” on which subsequent legal analysis is based, it turns out that naming our characters can be something of a minefield.   It’s never a good idea to use the names of the student themselves or people they know—for one thing it can be distracting at best and depending on the hypothetical, perhaps even distressing. 

Beyond that, Names are very powerful, and by choosing to name our plaintiffs, defendants, judges, and witnesses, we are sending messages about how we see the world and our students’ place in it.  At this point, we are all conscious of avoiding offense by not making all the crime and accident victims women and all the judges men, let alone engage in racial, ethnic, sexist, abelist, sanist (please avoid the word “crazy” as hard as that is), homophobic or regional stereotyping [even when it’s in the context of ribbing sports rivals].

But there’s a next step beyond avoiding offense—and that’s truly inviting the larger world into our classroom by drawing names from a variety of cultures and regions.  Where do we find these names?  Baby naming sites! Here are two of my favorites baby name wizard and nameberry.   You probably have your own to add in the comments.

Both of these sites have lists of contemporary popular names in different regions.  At bare minimum, it opens up your fund of knowledge and allows for variety.   But even better, it can help your classroom better reflect the diversity of our country. 

To make it onto a top ten list, these are names that have probably been circulating for a while. Students may well have a cousin or a nephew with one of these names.

 And as a side benefit for pure learning theory, having access to so many names avoid the inherent confusion of a hypo involve Paul, Peter, and Polly.

They can also help you avoid falling into gender traps—here are 150 gender neutral English language names.   Caution.  After doing this, it is essential to proof-read yourself so that you have not fallen into the trap such as making all the defendants Swedish and all the crime victims Norwegian.  Caution 2: If you use these resources enough you may get a lot of diaper ads.

Recap—this post has a deliberately spare list of resources to help make your classroom more accessible and inclusive.

Have a great first week of class–

Jennifer S. Bard, J.D., M.P.H., Ph.D., Visiting Professor at the University of Florida’s Levin College of Law

After All These Years: Another Bar Exam Over, Another Entering Class, but Still a Disconnect between the Licensing Exam and What We Need Lawyers to Be and Do

I was never a Journey fan but I truly am astonished that after all these years of preparing lawyers for practice, and after two years of an unprecedented undermining of  the rule of law in our nation, law schools still live with a disconnect between the profession’s  licensing exam and what business, government and society needs lawyers to be and do, which includes protecting  the rule of law. 

The National Law Journal recently discussed two new major studies which will analyze whether the current exam is the best measure of new lawyer competence.  The National Conference of Bar Examiners (NCBE) is in the midst of a three year study  to “ensure that the bar examination continues to test the knowledge, skills, and abilities required for competent entry-level legal practice in the 21st century.”  (Hmm, continues? that’s a bit biased) and has already held 30 listening sessions.  

The second study, “Building a Better Bar: Capturing Minimum Competence” is an initiative of  the Institute for the Advancement of the American Legal System in partnership with Ohio State Law Professor Deborah Merritt, and aspires to develop a “fair, evidence-based definition of minimum competence” to improve the current licensing process.  Funded by Access-Lex, the researchers:

will be holding 60 focus groups in 12 locations around the country. While these focus group participants will primarily be new lawyers, we will also hold a number of specialized groups with supervisors. Additional specialized groups will include only women and only people of color, as well as groups in rural areas; traditional job analyses can mask the views of these lawyers, yet their perspectives are essential to create a more fully representative view of minimum competence and how to test for it effectively. Through these focus groups, we will be able to capture key information from a diversity of perspectives and provide concrete data on the definition of minimum competence that the profession can use to improve the bar exam and how lawyers are licensed.

 

Readers may remember that IAALS has provided helpful research in the past through its Foundations for Practice  research, which identified the  competencies over 24,000 legal employers value in new hires (most of which go untested by the current licensing process) as well as the evaluation of the graduates of the Daniel Websters Honors alternative to the bar exam in “Ahead of the Curve:  turning Law Students into Lawyers

I suppose I should be delighted that more studies are being launched. They are addressing the exact issues so many of us have raised for decades. However, my reaction is uncharacteristically pessimistic.  (Readers here who have tolerated my enthusiastic use of exclamation points and emphasis will agree it is uncharacteristic).  Perhaps it is the August humidity. Perhaps, it is the sorrow surrounding our nation after a week of grief from senseless gun violence But more likely, it is the fact that I am feeling frustrated that we have already studied this to death! For example, working with state bar associations The Foundations for Practice Project already studied new lawyer competencies with 24,000 lawyers from all 50 states participating and found

… the foundations that entry-level lawyers need to launch successful careers in the legal profession.

In a first-of-its-kind survey, we asked, “What makes a new lawyer successful?” More than 24,000 lawyers from all 50 states answered.

What we learned is that new lawyers need more than IQ and EQ to be successful. They also need CQ: Character Quotient. In fact, 76% of characteristics (thinks like integrity, work ethic, common sense, and resilience) were identified by a majority of respondents as necessary right out of law school.

Beyond character, new lawyers are successful when they come to the job with a broad blend of legal skills, professional competencies, and characteristics that comprise what we call the “whole lawyer.”

So why is the NCBE, who clearly has a stake in the outcome, refusing to respond to the outcome of that 3 year old study but instead promising only to do its own study. JEESH! We tweak here and there, we add more pro bono or experiential requirements, but no one truly influential will admit that our insistence on anchoring the gateway to the profession to a timed, written exam instead of clinical excellence is the problem.

Starting as early as 2008, this blog has discussed the problems with the bar exam and its role as an unhelpful, anxiety producing, discriminatory, skewed, and unnecessarily speeded, gate-keeping device.  For a sporadic history of posts between then and now, in fairly chronological order, click on the links below.

Did You Know That “Bar Courses” Don’t Matter? 

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

Working with State Bar Associations on Best Practices

Bar Passage and Best Practices for Legal Education

One BAR to rule them all?

The Daniel Webster Scholar Honors Program

NYSBA Task Force on the Future of the Legal Profession Report

New Requirements for Bar Exam Stress Clinical Education

Existential Crisis and Bar Exams: what is really cruelest?

The Bar Exam Inhibits Curricular Reform

NEW YORK STATE BAR ASSOCIATION VIGOROUSLY OPPOSES PROPOSAL TO BRING UBE TO NY THIS JULY

Preparing Students for the Multistate Bar Exam

Musings on the Bar Exam and Legal Education’s Attitude toward it

Bar Exam Musings, Part II: Skillfully Changing the Bar Exam Narrative

Experts in the Legal Field Question the Bar Exam…

What’s going on in California? “TFARR- recommended” 15 credits of competency training

New York Proposes “Experiential Learning Requirements” as Condition of Licensure: CLEA and NYS Bar Committee Respond

Examining the Bar

Keeping an experiential identity in bar passage reform

Whither Clinical Courses and Bar Passage – by Prof. Robert Kuehn

DO LAW SCHOOLS ADEQUATELY PREPARE STUDENTS FOR PRACTICE? SURVEYS SAY . . . NO! – Robert Kuehn, Washington University School of Law

Professor Merritt’s Blog post on attorney discipline and bar exam WORTH A READ!

Studying Better Ways to Test Bar Applicants for Minimum Competence: Another Reason to Care about the California Bar Exam (Besides the Cut Score Debate)

Scholarship on Bar Exam Alternatives Needed

ABA Commission on Future of the Profession & ABA Vote on Bar Passage Proposal

Drafting Exams With Test-Taking Speed in MindConcrete Suggestions for Bar Exam Reform

We have to talk about the bar exam

What can Law Schools Learn about Bar Passage from Medical Schools’ Approach to Studying Students Who Struggle with Licensing Exams?

More Resources Re Teaching, Learning, and Bar Passage

A Fresh Look at the Uniform Bar Examination

Letters raise concerns about changes to the bar pass accreditation standard

Time to Remedy the Ills Afflicting ABA Council’s Standard 316 Proposal

Are the Students Failing the Bar Exam Today Canaries in the Coal Mine warning us of a More General Need to Change Legal Education?

Shifting the Focus of Legal Education Back to Just That: Education

How Practice Tests Reduce Anxiety in Bar Preparation and the Exam

Quite a listing, huh? I suspect that the IAALS and Merritt project will provide us with extraordinarily helpful insights into measuring minimum competence. But political clout is also needed. Will this BLOG simply be adding more posts for years to come on the unfairness and inappropriateness of a slightly modified, unnecessarily stressful, timed, bar exam — a continued hazing tradition?  I hope the NCBE and other institutional influencers proves me wrong.

Best Wellness Practices: Student Edition

Before I started my first year of law school, I was warned countless times about the grueling workload, the lack of sleep, the long days, and the overall toll that school would take on my physical/mental health. I was told that I would be kissing my social life goodbye and I would not be able to keep up with my daily exercise routines. While I definitely agree that 1L was a huge adjustment, I decided to take some simple, yet effective steps to ensure that I did not neglect my well-being and I did just fine! My hope is that other 1L professors reading this can pass some of these ideas along to the new students as suggestions.

  1. I made sure to get enough sleep (usually)
    First, I’ll admit that I didn’t sleep too well the first few weeks, but I think that’s pretty normal. I definitely wasn’t used to the reading and case briefing, so it ate up most of my time in the beginning. But after I started to figure it out a little more, I decided if I’m tired, I won’t be focusing on class and if I’m not focusing on class, my grades will suffer. For most of my semester, I swear I was getting 7-8 hours of sleep per night (disclaimer: midterms and finals weeks don’t necessarily apply here). I realized that there is plenty of time for reading and assignments if you capitalize on breaks in between classes and head to the library immediately after the last class of the day. I was really able to maximize my time this way, which brings me to my next point:
  2. I made myself a morning person
    Let me start off by saying I am not a morning person. That being said, I found that waking up earlier helped me prepare for class. I also found that I was more productive in the mornings. I could usually finish my readings the night before, but I started waking up early to review my cases, which did two things. First, it helped ease the anxiety of the infamous cold calling. Second, I was actually awake by the time I sat down for class (pending I had my coffee at least).
  3. I watched an episode of my favorite show before bed every night
    Every student deserves at least one mindless, non-law school related activity every day! Your brain will appreciate this since it is probably working somewhere around 100 mph every other second of the day! I made it a ritual to watch an episode of my favorite show every night, which happens to only be about 23 minutes long. It helped me wind down and get a few laughs in after a long day.
  4. I took my dog on long walks every day
    Not everyone has a dog, but just going outside in the fresh air and getting some exercise made all the difference. Sometimes, I’d listen to music or podcasts too, giving me yet another brain break!
  5. I utilized the school’s free counseling services and mentorship programs
    I can’t emphasize this one enough. If your school offers either of these services, encourage your students to use it – especially if it’s free! The free counselor provided by the school helped me with 1L anxiety and my mentor has given me invaluable advice.
  6. I kept a planner
    There are a lot of readings and assignments the first year, so this was a simple, inexpensive way to keep up with everything. The workload can seem very overwhelming, but having it all out in front of me helped me plan out my day and decrease the anxiety. I personally like to keep a written notebook, but there are also free apps available for your phone.
  7. *I gave myself off one day a week*
    I think this is arguably the most important thing I did to survive the first year. In recognition of the fact that I am only human, I felt it was important to do something “un-law-related” each week. With the exception of midterms, some big papers, and finals, I always gave myself one day a week to get away from school completely. In the warmer months, I’d often go on hikes or hang out with friends outside of school and in the winter, I’d go snowboarding for a day. Anything to get a full day away!

    In light of the major emphasis on student wellness programs in law schools, I highly encourage professors to remind students that it’s okay to slow down and take a break. Even if students feel as though they don’t have the time to participate in specific wellness programs offered by the school, there are the small things students can do in their own lives to keep happy and healthy – yes, even during 1L!

Leading Edge Conference: Facing and Forming Legal Education’s Future with Insights, Data and Inclusive Thinking

Last week, I was fortunate to attend the 6th annual Leading Edge Conference hosted by Wolters Kluwer (WK) in Riverwoods, Illinois. It was my first experience with this particular conference. Using an unconference format and with a balance of old-timers and new attendees, WK brought together approximately 30 “thought leaders” for two+ days of intense discussion. Participants included professors and deans from a wide variety of law schools, representatives from law related entities such as LSAC, NITA and IAALS, education or pro-bono related entrepreneurs, and digitalization pioneers.

In addition to the conference, WK hosts the Leading Edge Webinar Series and just announced its 2nd annual Leading Edge prize. Ten Thousand Dollars ($10,000) will be awarded to two winning teams “to help implement their visions of improving student outcomes or expanding educational opportunities for law students.” Proposals are due August 15th.

I left the conferences with many “take-aways,” that I am only beginning to fully digest, and with a better sense of the continuing challenges facing legal education and our profession. Bernard A. Burk, Jerome M. Organ and Emma B. Rasiel recently published in the Nevada Law Review “Competitive Coping Strategies in the American Legal Academy: An Empirical Study”. Their research examined the response of law schools “to the substantial fall off in both the number and the conventional qualifications of applicants to law school that began after 2010.”

The “Competitive Coping Strategies” research also explains why more law schools have not closed and emphasizes the “widened distance” between current students’ needs and current school resources. The study found that in the face of plunging applications to law school, “Reputationally stronger schools” generally chose to preserve their entering Class Profile. This meant “thousands of viable candidates remained available to other law schools, effectively preventing the closing of as many as twenty Reputationally Weaker schools.”

Second, the study points out the implications of shrinking Class Size and discounting Tuition to preserve entering class profile. “As a practical matter, then, law schools ‘invested’ in Profile rather than in expanding their faculties, facilities or their access to clinical and experiential education. We encourage discussion of the implications of this investment choice.”

Third, the study noted that “some Reputationally Weaker law schools perversely were able to maintain or raise their average Net Tuition” and “the students with the least promising prospects for obtaining or making any economically sustainable use of their law degrees are paying the highest prices to obtain them. These inequalities expanded significantly after 2010.”

Fourth, the study highlights the millions of dollars in forgone Tuition Revenue “unavailable to meet the needs of students who at many law schools are significantly less prepared” than their predecessors and suggests this widening gap underlies the declining Bar Exam pass rate.

We seem to have reached a plateau in declining admissions to law school. But that plateau is not a place for us to settle in and rest. There are too many hard questions about where we are now.

How do we address the inequalities which have expanded since 2010 in law schools? What is the value we provide to those with the “least promising prospects?” Is it immoral that those least likely to make “any economically sustainable use of their law degrees are paying the highest prices to obtain them?” or that they may be undertaking crippling debt to obtain a law degree?

On the other hand, if we narrow the pathway into law schools even further, rejecting any who come to law school less credentialed or less prepared, will we be rejecting the dreams and hopes of those who desire a professional pathway? Will we be rejecting many who will find an economically sustainable and good life for themselves? Will we be playing God with students from less advantaged backgrounds just because we don’t know who will make it and who won’t? Will we be eliminating first generation students in larger numbers? Will we be amplifying the lack of diversity in our profession?

And what about the role of law schools in the community at large at this moment in our nation’s fledgling history? Shouldn’t we continue to exist as community laboratories which encourage civil discussion, uphold the rule of law, critique unjust legal systems and decisions, work to sustain democratic institutions and constitutional checks and balances, and produce new ideas about the role of law and legal systems in society?

Finally, if we espouse the “public good” values of my last two paragraphs as arguments for the continued existence of the legal academy and law schools, then do we prioritize these values in our faculty hiring, our strategic plans, and our prioritization of resources?
So, I leave you as I left the conference, with more questions than answers, but with a firm sense that we must continue to ask these important questions.

(Note: the author had her lodging, food and flights paid. She was not paid to write or post anything about the conference. Besides, she is pretty opinionated and not easily swayed.)

Dean Gerken’s Vision Versus Malcolm Gladwell’s Experience

“When we decide who is smart enough to be a lawyer, we use a stopwatch.”           Malcolm Gladwell

“Law school should be a time to luxuriate in ideas, to test their principles, and to think critically about the law and the profession.”  Dean Heather Gerken

On the same day I listened to Malcolm Gladwell’s fascinating podcast about the LSAT and test-taking speed, I also read Yale Dean Heather Gerken’s insightful Commentary, “Resisting the Theory/Practice Divide: Why the “Theory School” Is Ambitious About Practice.” Both are wonderful.  Together, they shine light on a dialectic tension within legal education.

Dean Gerken’s article inspires us to think about legal education in its biggest and broadest sense.  She posits that, “At its best, a J.D. is a thinking degree, a problem-solving degree, a leadership degree” and she notes that for students, “law school should be a time to luxuriate in ideas, to test their principles, and to think critically about the law and the profession.”

She envisions law school as a place where students engage in deep critical thinking about the law and the profession – both in the classroom and in clinics, and she discusses the interdependent relationship between the deep learning that should occur in both.

Dean Gerken eschews a mechanistic approach to both classroom and clinical teaching.  She points out that as doctrinal and clinical faculty, our collective, and symbiotic, goal should be to train our students to read closely, think deeply, skeptically, and critically.  She notes that we should help our students learn to question legal rules and principles in context of messy facts, to challenge existing legal rules, and develop new rules or applications of those rules, or as Dean Gerken puts it, to spend as much time thinking about “the ought as the is”.

Contrast Dean Gerken’s understanding of legal education with Gladwell’s podcast about his experience taking the LSAT.  In it, he posits: “when we decide who is smart enough to be a lawyer, we use a stopwatch.”   He notes that who gets into law school, and what law school they get into, rests largely on LSAT score differences – differences that may depend in part upon one’s ability to answer questions quickly rather than thoughtfully.

Gladwell recounts his experience with an LSAT test prep coach who urged him not to read the passages closely because he had no time to do that.  Amazed, Gladwell reflects on how, to get the best score, he must not spend time truly thinking about the issues raised by the problems he must answer.

In the podcast, Gladwell talks to Professor Bill Henderson, the author of a seminal article providing empirical evidence that test-taking speed is an independent variable in both the LSAT and timed law school exams.  Henderson, a former firefighter, talks about the times in his life he felt most time pressured.  As Gladwell remarks, Professor Henderson’s most time-pressured performances were not when responding to life-threatening emergencies.  Instead, they were when he took the LSAT and law school exams.

Gladwell’s podcast meanders into the world of championship chess.  Gladwell analogizes how the chess world decided not to value speed, and how that decision changes who is a top-ranked international chess champion.  He notes that the arbitrary value placed upon speed when it comes to the LSAT and law school exams defines who we consider smart.  He wonders what would happen if the ability to answer questions quickly were not in the mix.  The podcast then returns to Professor Henderson who talks about how allowing law students more time to take law school exams can change the outcome of who gets the best grades in a law school class, and hence who thinks of themselves as a smart person, and who gets hired by top law firms, etc.

As I listened to Gladwell’s podcast, I thought about the bar exam.  In an article Professors Chomsky, Kaufman and I wrote, it took us nearly 500 words to deconstruct the analytical process one must go through to answer one tort multiple choice bar exam question.  That analytical process begins after examinees read a question.  Bar examinees have approximately 1.8 minutes to read and answer each of the exam’s 200 multiple choice questions.

While perhaps quickly identifying the correct response is a necessary skill for some litigators, speedy answers to legal problems are not the cornerstone of most good lawyering.  Yet, starting with the LSAT, continuing in law school, and ending with the bar exam, as Gladwell observes, we reward the hare instead of the tortoise.  He asks “why”?

Dean Gerken’s vision speaks to why I became a law professor.  Gladwell’s observations speak to the experience of my students.  I am not sure how to reconcile the two beyond noting that we must first acknowledge the dialectic.  Only then can we decide if we want to  judge future lawyers’ potential and abilities based upon Gerken’s vision or  Gladwell’s experience.

Today’s Law Student Wellness Programs

There was a time in the not-so-distance past when wellness programs in U.S. law schools primarily focused on preventing substance abuse and suicide. This programming often involved a presentation from the state’s Lawyer Assistance Program. The speaker warned about depression, substance abuse, and suicide for members of the legal profession and the availability of help. While this was important programming, it was depressing and not inspiring for most of our students.

Today, law schools, law students, and lawyers take a broader view of attorney wellness and well-being. We now recognize that students and lawyers benefit from education and opportunities to develop into happy, thriving lawyers. Law school wellness education today is not just about prevention of negative outcomes. It centers around the proactive steps law students and lawyers can take to improve every dimension of their lives.

The ABA Commission on Lawyer Assistance Programs (CoLAP), the National Organization of Bar Counsel (NOBC), and the Association of Professional Responsibility Lawyers (APRL) formed the National Task Force on Lawyer Well-Being to address attorney and law student wellness. In its report, The Path to Lawyer Well-Being: Practical Recommendations for Positive Change (“Task Force Report”), the Task Force explains that there are six different aspects of lawyer well-being:

  • Social. Attorneys should work to develop “a sense of connection, belonging, and a well-developed support network while also contributing to our groups and communities.”
  • Occupational. The Task Force Report references the need to cultivate personal satisfaction and growth in our work. It also notes the importance of financial stability.
  • Physical. In the area of physical health, the Task Force recommends “regular physical activity, proper diet and nutrition, sufficient sleep, and recovery; minimizing the use of addictive substances. Seeking help for physical health when needed.”
  • Emotional. The Task Force Report encourages lawyers to seek support from professionals when they are struggling emotionally. It also emphasizes the importance of “developing the ability to identify and manage our own emotions to support mental health, achieve goals, and inform decision-making.”
  • Intellectual. An attorney focused on the intellectual dimension of wellness engages in “continuous learning and the pursuit of creative or intellectually challenging activities that foster ongoing development.”
  • Spiritual. The Task Force Report explains that the goal in this area is “developing a sense of meaningfulness and purpose in all aspects of life.”

The Task Force makes a number of specific recommendations for law schools. The suggestions include the following:

  • Create Best Practices for Detecting and Assisting Students Experiencing Psychological Distress.
  • Assess Law School Practices and Offer Faculty Education on Promoting Well-Being in the Classroom.
  • Empower Students to Help Fellow Students in Need.
  • Include Well-Being Topics in Courses on Professional Responsibility.
  • Commit Resources for Onsite Professional Counselors.
  • Facilitate a Confidential Recovery Network.
  • Provide Education Opportunities on Well-Being Related Topics.
  • Discourage Alcohol-Centered Social Events.
  • Conduct Anonymous Surveys Relating to Student Well-Being.

In subsequent posts, this blog will consider some examples of the wellness programs, classes, and initiatives that law schools have instituted to address these issues and other areas of need.

 

%d bloggers like this: