Fifteen Simple Ways (“low hanging fruit”) for Law Professors to Integrate Professional Formation and Development into Online Classrooms

by Sara Berman and Neil Hamilton

During this spring semester, legal education like nearly all education sectors, underwent an overnight revolution, moving from largely an in-person to an online delivery format. Educators have had to adapt to not only to new technologies but to new ways of communicating, adopting many new teaching and learning methods, new grading policies, and more. Understanding that many law faculty have been completely overwhelmed by having to change so much so rapidly, but knowing also that this change will continue, in all likelihood, into this summer and fall, we propose some simple steps that faculty can take to incorporate professional formation and development into online law classes, all of which can be employed in in-person classes as well.

I. Contextual Background

First, what is meant by professional formation and development?  Many publications have detailed these concepts at length.[1] For the sake of brevity here, each student should demonstrate an understanding and integration of:

1. Pro-active professional development toward excellence at all the competencies needed to serve others well in meaningful employment; and

2. An internalized deep responsibility to others, especially the client and the legal system, whom the student serves as a professional in widening circles as the student matures.

There are several key principles that should guide the development of strategies that foster professional formation and development. Holloran Center scholars have been building a framework of key principles to guide the development of the most effective curriculum, culture, and assessments to foster each student’s growth toward later stages of development on the two foundational professional formation and development competencies,[2] conducting research and analyzing scholarship on (1) higher education in other disciplines, particularly medical education, (2) moral psychology, and (3) self-directed/self-regulated learning.

Four research windows agree that an effective curriculum (including assessments) that promotes the two professional formation and development learning outcomes should:

  1. Take into account that students are at different developmental stages of growth and engage each student at the student’s present developmental stage – Go Where They Are;
  1. Provide repeated opportunities for reflection on the responsibilities of the profession and the habit of reflective self-assessment in general;
  1. Emphasize experiential learning, feedback on the student’s performance, and reflection; and
  1. Emphasize coaching.

An additional research window suggests the following curricular engagements to foster each student’s growth toward the two professional formation and development learning outcomes:

5. Experiences that create cognitive dissonance/optimal conflict with the student’s current developmental stage on either of the ethical professional formation and development learning outcomes;

  1. Instruction that helps the student understand how new knowledge is building on the student’s prior knowledge and competencies (student’s existing narrative);
  1. Instruction that helps each student understand how the professional formation curriculum assists the student to achieve his or her goals; and
  1. Instruction that helps each student understand and implement specific steps to grow toward later stages of development.

II. Fifteen simple questions or strategies

We need to remember that this generation of law students also experienced the Great Recession of 2009-11; now they are experiencing the current crisis and will in all likelihood face yet another serious recession or more dire economic struggles ahead –not to mention health and safety related hardships.  The questions/strategies below may be helpful to provoke constructive reflection and discussion, and hopefully to positively channel at least some important concerns about moving forward in their professional lives in this challenging context.

The following are questions that a professor can pose to students to spark self-reflection and awareness about professional formation and development:

  1. “Assume you meet a lawyer who could be important in your employment search and the person asks some version of, ‘What did you learn in this crisis?’  Write a brief answer to this question –or record a brief video of yourself answering this question.” 

The teaching opportunity suggested with this writing prompt is to provoke thoughts about this underlying query: “What did you learn that would be useful to an employer?” Thoughtful answers would go toward versions of I learned adaptive capacity skills, perhaps with words such as: a) “I learned that I know how to figure out solutions to a host of unanticipated changes and challenges,” b) “I made X changes to adapt to Y challenges.” Or, c) “Actions I have taken so far and/or will take to adapt and eventually thrive, even in the face of many challenges, include Z].”  Student answers might include specific examples of “grit,” “resiliency,” and positive or growth mindsets that helped them through pandemic-related challenges offering evidence that the student would demonstrate similar resilience as a future professional.[3]  Note: where students video themselves, they are also simulating how they might orally respond to such a question in an interview.

  1. Same situation as in the first query but posing this question: “What did you learn about the organizations, businesses, or business sectors you observed?  Write specific examples of how they reacted, adapted, or failed to do so during the pandemic.”
  1. Talk to a person whom you know who has experienced and transcended a crucible in life and ask what they learned from the challenges going forward.  As students: “What did you learn by asking the question and/or from the response?  What follow-up questions did you ask and why?”
  1. At the end of a Socratic Q & A session (in-person or online), ask students to write down any other questions they would have asked if they were the professor. The ability for students to see themselves in a professional role, here as professor, is critical to making the successful transition from student to professional.

The following are actions that a professor can take to support students while encouraging their professional formation and development:

  1. If you are comfortable doing so, talk with your students about the crises/crucibles/difficult times in your own professional life or the life of your clients, noting what you and they learned?
  1. Log on to synchronous online classes 10-15 minutes early or stay for 15-20 minutes after class to talk and listen to students’ comments about “life” and in particular about their professional life and concerns during this crisis.  This underscores the notion that a vital part of professional life is to engage in collegial discussion; it stresses the importance of personal connection as an integral part of professional work.  You might analogize “official” class time to office work time, and these pre- or post-class discussions to attending bar association meetings or receptions with colleagues. Taking just a few minutes before or after class also promotes belonging and work-life balance and underscores the importance of continuing to engage in personal and professional networking, especially as students are facing extraordinary health, financial, and psychological stress, and are forced to stay at home.
  1. As a faculty member, attend an extra-curricular event led by the Dean of Students, the Career Services office, the Academic Support faculty, and/or an event organized by a law student affinity group, and sit in the audience if invited when LRW faculty hold oral arguments. Attend these now, virtually, and plan to attend in person when you can.  Law schools host many events to help students, some of which are part of programs you strongly believe in. Theoretical support is important, but your presence (online or in person) as a faculty member, even for a few minutes, carries far more weight that you will ever know in terms of whether students take such programming seriously. This will also help students realize as future professionals how important their presence will be at law office functions, networking opportunities, and community events.
  1. Provide extra credit in class for students who make thoughtful explicit connections between classroom assignments and any outside pro bono work they are doing or plan to do. There will continue to be limitless opportunities for meaningful pro bono work as society weathers this storm – assisting with unemployment issues, bankruptcies, evictions, and more. Share with your students (in an email, recorded message, or synchronous online class) any pro bono work you are doing or examples of pro bono work you did in the past, noting how it has made you a better lawyer and more competent and empathetic professional.
  1. Tell students why you went to law school, and ask them to think about why they came to law school. (You can send this as an email, post it as a discussion board exercise in the LMS, or bring it up in a Zoom or other synchronous class.) Tell them about how your purpose with respect to your understanding of what it means to be a member of the profession may have changed over the years. Is it changing now in this crisis?  

For faculty involved in planning fall Orientations, think about including time for incoming students to write a Why Law School letter to themselves; collect the letters and return them to students during the summer between 1L and 2L and again before they begin bar exam preparation. Finding one’s “why” and holding fast to it are critical to success in law school, on the bar exam, and in practice.[4]

  1. When students pose a question or answer a question in a way that demonstrates that they listened to (or read) a previous student’s comments and integrated those comments thoughtfully into their new question or comment, the Professor can drop an email or instant message note saying, “The way you asked (answered) this question shows you listened carefully to your classmate’s comments (or listened to and recalled a dialogue from one of our last classes). That’s great! Critical listening (or critical reading) skills are among the most important qualities of a successful lawyer. As just one of many examples, you might well find yourself in the position of eliciting more important information and posing better, more thoughtful follow-up questions because you critically listened to a witness’s answers in a deposition. Thank you again for your thoughtful question/comment. And, keep developing this important skill.”

Little time is needed to reinforce and praise professional behavior and the demonstration of critical lawyering skills; the potential for positive impact on student engagement, well-being, and learning, in addition to on their professional formation and development is great.

  1. Professors can also help students improve listening skills by periodically stopping class (in-person or in a synchronous online class), for example after you have posed a question, and asking students to write down what you just asked (noting whether they believe they heard and understood your question) and then email you their answers. Collect the answers and choose some to read or post, anonymously. Warn students in advance that you will be doing this. And, be transparent about the nature and purpose of this assignment: to encourage individuals to sharpen their own listening skills. You can also use this exercise as an opportunity to explain the purpose of questions generally in the law school classroom – that they center not just on the 1-on-1 between professor and student, but on everyone collectively listening carefully (or reading questions posted on bulletin boards), just as they will need to listen to clients, colleagues, and witnesses. (Similar exercises can be useful to help students train critical reading skills.)
  1. Distribute (via email or on a discussion board) a master list of the key skills/qualities of competent lawyers (for example from Schultz and Zedek or IAALS) and/or note (in live class, by email, or on discussion board) a few of the key skills/qualities that you believe the work you are doing is helping to train during each class so that students can “check in” and ask themselves if they are honing these skills. Reading such practice-minded lists will empower students who are building certain skills but still working on others to continue to believe that they “have what it takes” to become competent lawyers. (You might also ask students to consider which competencies are most relevant to help clients in a crisis.)
  1. Bring guest speakers to online and in-person classes, such as practitioners who can talk about the entire range of competencies needed in the various areas of practice.[5]  Guest faculty can also provide insights into differing perspectives on parts of your courses. CALI.org has posted a list of professors willing to Zoom into classes as guest lecturers at https://www.cali.org/content/guest-speakers-available-remote-teaching-law-school-courses-coronaviruscovid-19
  1. When/if you give formative assessments (in-person or as part of asynchronous or synchronous online learning), make explicit which of the lawyering competencies each assessment is measuring – how and why. Provide concrete examples of the transferability of skills from success in law school and on the bar exam (where applicable), to success in law practice and as professionals.
  1. Give a talk (in a synchronous online class or in a recorded message), before the end of the semester if possible, or during this summer, to try to blunt the pain that the law school curve can bring and to encourage all of your students to feel that they belong. Even though many schools have changed the grading policies to pass/fall for the spring 2020, many students will be even more concerned about their law school GPAs and their potential impact on future employment. Now more than ever is an important time for students to read the Roadmap.[6]

There is no one right message; this has to be authentic for each professor. But, an example might include something like, “You are all used to getting A’s. You cannot all get A’s in law school. What you can all do is your best, and can and must, as professionals, engage in continuous learning and improvement. If your grades and/or comments on exams do not reflect the quality of work you will need to be doing to best serve clients when you graduate, please talk with me; ask me to review your exams and help you determine how to improve. The career path of great lawyers involve continuous improvement. Your goal is to be a lifelong learner.”

III. Conclusion

As noted at the outset, the authors applaud law faculty nationwide whose nimbleness served as irrefutable evidence of a collective dedication to students and to the continuity of graduating future leaders who will protect the rule of law. The suggestions in this paper are merely that, thoughts on some simple steps to incorporate professional formation and development into online law classes. The authors hope that these suggestions spark ideas for faculty to adapt as they choose, and that a discussion will continue to further develop both additional simple steps and more comprehensive programming on professional formation and development in online and in-person formats, as we weather the storms resulting from and adapt to changes required because of the 2020 pandemic.

The authors are available to discuss these further and encourage readers to contact the authors with additional strategies for integrating professional identity formation into legal education. This list will be updated and available on the Holloran Center website.

Neil W. Hamilton, Holloran Professor of Law and Co-director of the Holloran Center for Ethical Leadership in the Professions. https://www.stthomas.edu/law/facultystaff/a-z-index/neil-hamilton.html;  SSRN author page

Sara J. Berman, Director, Academic and Bar Success Programs, AccessLex Center for Legal Education Excellence; formerly held Assistant Dean and Director positions Whittier and NSU Law Schools, and served as faculty and in senior administration of nation’s first fully online law school. SSRN author page


[1] See generally body of work collected at https://www.stthomas.edu/hollorancenter/resourcesforlegaleducators/publications/

[2] These general principles here appeared first in Neil Hamilton, Formation-of-an-Ethical-Professional-Identity (Professionalism) Learning Outcome and E-Portfolio Formative Assessments, 48 UNIV. PACIFIC L.REV. 847, 856-59 (2017).

[3] Neil Hamilton includes many additional strategies to help students and for students to help themselves to pave the way toward developing meaningful employment opportunities in Roadmap: The Law Student’s Guide to Meaningful Employment, Second Edition (ABA Publishing, 2019).

[4] Purpose-driven learning is a cornerstone of bar success, as Sara Berman writes in the introduction to Bar Exam Success: A Comprehensive Guide (ABA Publishing 2019).

[5] Inspired by her civil procedure professor who brought a journalist to class to discuss the differences between the types of questions lawyers ask and those that journalists ask, and why, providing an engaging deep dive into the importance of facts generally, author Berman regularly invited police officers to her in-person criminal procedure classes and a family court judge to her online community property classes, which resulting in The Courtroom Comes to the Classroom, a collaboration between Professor Berman and Judge Mark Juhas.)

[6] See Roadmap, supra at note 3.

 

Rise in Wellness Blog Q&A: Part 2

Q: Introduce yourself! What’s your name/class year/any extracurriculars/area of interest/etc.?
A: Olivia Cox, 2021, Executive Editor of Albany Government Law Review, Vol. 14; cello teacher/teaching artist for Empire State Youth Orchestra’s CHIME program.

Q: Can you give us some background on what the Wellness Initiative is and how it got started?
A: In 2018, the Wellness Initiative was establish to raise awareness of issues related to health and wellness, provide resources for members of the law school community who are dealing with issues related to mental health and wellness and provide educational programming related to mental, physical, social, financial and academic health and wellness within the law school community. The Colby Fellowship was created to allow students the opportunity to participate in various wellness based activities, provide resources to students, and to help bring greater awareness to the importance of a holistic, balanced lifestyle. The Colby Fellowship is named in honor of our generous donor, Trustee Andrea Colby ’80.

Q: Why did you choose to get involved in the Wellness Initiative and become a Colby Fellow?
A: Wellness/Mental Health has always been very important to me. I have always believed that all my accomplishments are for naught if I don’t have my health. This sentiment seems to be lost in the law school environment due to its competitive nature. I hope our events and Blog remind students of the importance of mental health and wellness, especially during law school.

Q: What has the Wellness Initiative done this year at Albany Law School?
A: This year, unfortunately, was cut short by the COVID-19 pandemic, but that has not stopped us from soldiering on with our wellness programming. We have held several yoga/meditation classes, hosted speakers, including Brian Cuban, and various relaxing activities during finals.

Q: What is the Wellness Blog? What kinds of topics have you written about and what do you plan to write in the future?
A: The Wellness Blog is Albany Law’s central hub for wellness tips, resources, updates, upcoming events and more. We’ve posted a Q&A with a yoga teacher, volunteer opportunities, and about various events we have hosted. However, the Blog is getting a lot more traffic since the onset of COVID-19. We have been compiling and posting all sorts of resources, in addition to posts from guest writers about how best to work/learn from home.

Q: What’s your ultimate goal for the Wellness Blog?
A: I hope that students will enjoy reading the Blog as much as I have enjoyed writing the Blog. I hope it becomes “one of those things” that students check often, like Canvas or TWEN.

Q: Who can post to the Wellness Blog?
A: Anyone! Currently, it is primarily Carly and I creating content for the Blog. However, we welcome contributions from anyone and everyone. Professors, students, and faculty alike are all welcome to post on the Blog. Just send us your article/post and we will post it!

Q: Do you have any advice for other schools that might want to start a Wellness Initiative?
A: “If we build it, they will come.” It sounds cliché but it’s the truth. At first you may not have many participants, but over time more students will become interested. Mental health and wellness are often put on the back burner during law school, but that is when it is the most important.

Rise in Wellness Blog Q&A: Part 1

Albany Law School established a Wellness Initiative, which is currently run by Carly Dziekan ’20, Olivia Cox ’21, and Rosemary Queenan, Associate Dean for Student Affairs. As part of the initiative, the team created the “Rise in Wellness Blog” – a blog devoted to health and wellness. Every week, the blog posts resources, wellness tips, updates, and upcoming events. I “virtually” interviewed Carly and Olivia to find out how the Wellness Initiative and Rise in Wellness Blog got started (“Part 1” will cover Carly’s interview and “Part 2” will cover Olivia’s interview).


Q:
Introduce yourself! What’s your name/class year/any extracurriculars/area of interest/etc.?
A: My name is Carly Dziekan and I am a 3L at Albany Law School and one of the Colby Fellows for the Wellness Initiative. I am also the Editor-in-Chief of the Albany Law Journal of Science and Technology. In my free time, I enjoy running, biking, and recently started kickboxing! Especially in light of this pandemic, it is even more important to take care of yourself physically and mentally as best as we can.

Q: Can you give us some background on what the Wellness Initiative is and how it got started?
A: The Wellness Initiative started in 2018 by a recent graduate who saw a need for an administrative initiative devoted to law student mental health, wellness, and overall wellbeing. The administration and the students then took on the ownership together and it has been growing ever since! This initiative is still very new, so we are open to any and all suggestions!

Q: Why did you choose to get involved in the Wellness Initiative and become a Colby Fellow?
A: Law school is a challenging time in so many ways, and it challenged me in ways I never expected. I am very lucky to have an incredible support system and to have already had coping mechanisms and wellness habits grounded in me before law school. Even so, I still struggled. I was excited to become involved in the wellness initiative to help other students who may not have had the experiences I have had, and to show them that help is out there is they need it and we are here for them.

Q: What has the Wellness Initiative done this year at Albany Law School?
A: This year, we have had monthly yoga class on campus (and now via Zoom), a Mental Health Week in honor of World Mental Health day, an impactful keynote speech by Brian Cuban, programming for 1L students discussing the stress of finals, and other educational and recreational wellness centered events.

Q: What is the Wellness Blog? What kinds of topics have you written about and what do you plan to write in the future?
A: The Wellness Blog really turned into a way to update students with COVID-19 resources. Now more than ever, wellness and mental health in law students is a huge issue. (Rest of the answer morphed into the question below)

Q: What’s your ultimate goal for the Wellness Blog?
A: The idea of the blog started when I got a flat tire and didn’t know where to get it fixed as I am not originally from the Albany area. It got me thinking: how many people are having this problem? I wanted to create a central location where students could get information on various resources in Albany, from gyms, to restaurants, to car mechanics, to mental health resources. Another goal is to also highlight all of the work we are doing on campus related to wellness as well as what other schools and organizations are doing.

Q: Who can post to the Wellness Blog?
A: The Colby Fellows run the blog, but anyone can contribute! Send Olivia or I an email and we would love to have others write a piece.

Q: Do you have any advice for other schools that might want to start a Wellness Initiative?
A: Don’t get discouraged. This work is so important and necessary but it takes some time to gain traction. Sometimes, even if an event isn’t well attended or no one “responds” to your post, trust me, people read it or heard about it and it impacted someone. Which is what really matters. Now that the initiative has been around for a bit, more students are aware of the work we are doing and much of it has been de-stigmatized.

New York State Bar Association Leads with Bar Exam Questions

Patricia E. Salkin*

On April 4, 2020 the New York State Bar Association once again delivered a resounding thumbs down to the Uniform Bar Exam (UBE) as a measure of competency to practice law in New York.  Five years earlier, the Association’s Committee on Legal Education and Admission to the Bar delivered a report that was overwhelmingly approved by the House expressing the sense of the profession that a move to the UBE was a bad idea. 

The NYSBA Committee on Legal Education and Admission to Bar (CLEAB), which had long studied the bar exam, hosted a session during the annual meeting on January 16, 2019 titled, “A Question of New York Law: Should It Be Taught in Law Schools and Tested on the Bar Exam?”  A preview to that discussion, “The Role of State Law in Legal Education and Attorney Licensing,” was published in the New York Law Journal the week prior.  In April 2019, the NYSBA Task Force on the Bar Exam was appointed by President Michael Miller, “to investigate and report on the experience and impact of New York’s adoption of the UBE.”  Then president-elect Hank Greenberg stated, “New York law has long been the gold standard in American jurisprudence. The bar exam should play an important role in ensuring that newly admitted lawyers appreciate the importance of New York law, and have an appropriate grounding in it.”

On March 5, 2020, following a series of statewide hearings on the bar exam, the Task Force, chaired by the Honorable Alan Scheinkman, Presiding Justice of the Appellate Division, Second Department, released its report and recommendations.  The report contains an accurate and detailed description of meetings, stakeholders and the decision-making process that ultimately led the New York Court of Appeals, under the leadership of former Chief Judge Jonathan Lippman, to abandon the New York Bar Exam (NYBE) in favor of the UBE; and the report starkly concludes that “…since the adoption of the UBE, the fundamental purpose of the bar examination has been lost.” (emphasis added)

Accompanied by analysis of findings and explanations to support their positions, the Task Force made the following recommendations to chart a path forward for the licensing of new attorneys in New York:

  • Eliminate the New York Law Exam and replace it with a rigorous exam on New York law as a prerequisite to admission to the New York bar.
  • Conduct an independent psychometric analysis of the grading and scaling of the UBE.
  • Allow those who do not wish to practice law in New York to take only the UBE and allowing those who only wish to practice in New York to take only the Multi-State Bar Examination section of the UBE and the rigorous New York test.
  • Consider a New York law Certification program that would allow people to forego the bar exam entirely. Under this program, ABA-accredited law schools inside and outside of New York would offer courses that include New York law-based content.
  • Consider an experiential learning pilot program, which would allow second and third-year law students to spend time counseling clients, working with practicing attorneys and learning other practical skills so that a portfolio of work is created and assessed every semester.

These recommendations are welcome, especially the last two items which get to the heart of what many thoughtful national experts have maintained are the more accurate measures of competency to practice law. While under normal circumstances, degree privilege plus programs that incentivize curricular choices (in this case more New York law) and require client-focused legal skills experiences are the better measures of basic competencies, the strange confluence of the timing of this report and the COVID-19 pandemic has created a fortuitous opportunity to test some of the recommendations in the report.

The fact that this Task Force was in existence and already working on bar exam issues led NYSBA President Hank Greenberg to ask the group to separately opine on the challenges surrounding the then-scheduled July 2020 uniform bar exam in New York. Greenberg has been a staunch advocate for the soon-to-be members of our profession noting, “Graduating law school students are experiencing high levels of anxiety and distress as their lives and potential livelihoods have been significantly disrupted, and we are focused on making sure that their concerns are being heard and responded to by policymakers.”  The Task Force recommended postponing the July 2020 bar exam until early September and if the exam is still impossible at that time, then to expand practice orders to enable new graduates to begin supervised practice while waiting for a bar exam to be administered. 

While the Court of Appeals under the leadership of Chief Judge Janet DiFiore has accepted the State Bar recommendations, much more needs to be done to clarify the status of the developing procedures for licensing lawyers from the Class of 2020.  Another blog dedicated to pragmatic discourse on how to best license new lawyers who are getting ready to take their first bar exam during the COVID-19 pandemic is documenting the thoughtful and reasoned ways in which many state licensing jurisdictions are rethinking the value of the traditional bar exam limited to the unique challenges presented during the COVID crisis.  Law deans and faculty, law students and members of the profession, importantly including the leadership of the State Bar, are engaged in thoughtful dialogue on this topic with the Court of Appeals to arrive at a fair and just resolution for the Class of 2020. 

Some may think it unfortunate for the NYSBA Bar Exam Task Force to have issued its critique of the UBE at the same time that we are experiencing an unprecedented disruptor in the practice of law and in the administration of justice. However, this is precisely the time that New York can lead the country with piloting alternative ways to license lawyers with a reasoned roadmap prepared not under the pressure of the pandemic, but rather after a year-long focused study that supports the concept that there are different and equally effective, if not better, ways to assess candidate competency for admission to the bar in New York.

*Patricia Salkin is Provost of the Graduate and Professional Divisions of Touro College. She is a legal educator and a past co-chair of the NYSBA Committee on Legal Education and Admission to the Bar.     

Adapting to the New Normal: Tips for Socialization While Social Distancing in Law Schools

I don’t think any of us realized that the day before spring break would be the last day we would be able to walk the halls of Albany Law for a while – I know I didn’t. In fact, I couldn’t have been more excited to escape that building in anticipation of vacation. But now, I miss waving to friends, catching up between classes, and the feeling of being in the Rochester Moot Courtroom. No one expected to have to transition the entire law school online to keep loved ones safe from COVID-19.

What we need now in this time of crisis is leadership and yes, even law student leaders can play a part. In light of the current situation, student leaders at Albany Law School put on their creative thinking hats to try to maintain a sense of community by offering “virtual events” and a list of online resources. Having a sense of community brings us together and keeps us feeling connected when we can’t physically be with one another. It keeps our relationships developing and our heads kept high. Most importantly, it provides a space for support, which is something we desperately need right now.

I thought of the idea for “Pet Happy Hour” when I was experiencing my first “Zoom” class. It was just a “test” class, so there was no substantive material being discussed. Then, several students “brought” their pets to class. Everyone in the class immediately started to smile – like instant therapy! I thought about how special our pets are and how animals can help us destress. Then I thought it would be fun to host a virtual event where students could show off their pets and wind down from the week with one another (and grab a drink). Since the inception of this idea, my student group has teamed up with two others to promote this therapeutic space to the rest of the student body. I’m excited to admire everyone’s pets and of course, show off my own!

Here are a list of the events/resources, which you could potentially recommend for your school:

  1. “Pet Happy Hour” – Several student groups teamed up to host a virtual pet happy hour on Zoom, where participants are being asked to bring their pet (or come admire other pets), grab a drink, and hang out.
  2. “Virtual Murder Mystery Night” – A student group will be hosting a virtual murder mystery game night. Participants are asked to sign up beforehand on a public google spreadsheet to ensure they receive character information before the game. (Note: there is a small cost associated with purchasing the game packet. ~$2 a person).
  3. “Virtual Meditation” – One of Albany Law’s very own professors leads a meditation session on Zoom every Friday at 12PM.
  4. “Virtual Exercise” – The Wellness Initiative at Albany Law is hosting a virtual yoga session and HIIT class for students on Zoom.
  5. “Rise in Wellness Blog”The Wellness Initiative at Albany Law has a blog with many resources listed including resources specific to COVID-19. A post by our Director of Communications and Marketing provided 5 excellent pieces of advice for working from home. Here they are quickly summed up:
    1. “Create a routine”
    1. “Keep a dedicated working space, if possible”
    1. “Make ground rules”
    1. “Take advantage of technology”
    1. “Stay positive”

It’s certainly a stressful time, but I think it helps to know that none of us are alone – we’re all in this together. Just because we are social distancing, doesn’t mean we can’t still stay connected. I urge other law schools to use some of the resources I’ve provided or find other creative ways to keep that connection with students. If your school has some other ideas, I would love to hear them in the comments!

Is Mandatory P/F An Opportunity to More Accurately Assess Competency to Practice Law and For Bar Admission?

As our knowledge of COVID19 and its impact becomes more extensive each day, each workplace, profession and community is facing some common and some unique questions. Those working on the front lines in hospitals – such as several of  my relatives in NYC and NJ – are experiencing the kind of trauma, shortages, emotional overload and duress that is usually experienced in wartime. It can only be weakly imagined by the rest of us.   For those of us not experiencing  people suffering and dying in front of us on a daily basis, some less horrific choices are before us:  How do we modify “business as usual”?  How do we evolve and adapt with each days new tsunmai of information and data?  How do we support our best selves and our core values in this historically momentous time on our shared planet? 

Before turning to the topic of grading and assessment, I want to pause to give a shout-out to my home institution. Our multi-talented leader Dean Alicia Ouellette has been holding  community town halls every day since Friday March 20th. (BTW Dean Ouellette  just shared on Facebook  that she had been suffering from “presumptive COVID 19” fever and symptoms but thankfully is now symptom free). During our daily town halls, my faculty colleagues and I have expressed our wonder and gratitude for the  character, resilience and grit of our law students who are balancing so much right now, and facing so many financial, tech-related, health and extended family burdens. Our students’ engaged and forgiving response to “tech-curious but not necessarily tech-savvy” teachers and their community-minded empathy for those hardest hit keeps the faculty motivated and inspired.

One of the COVID19 decisions for legal educators involves whether and how we assess and sort — which in reductive  vernacular means “grade and rank.”  Maintaining appropriate expectations, options, rigor and excellence in law teaching  may assume primacy for those  who have been long focused on ensuring that law students receive real value for the time, talent and treasure they expend on law school.   For others focused on fairness in law placement,  transparent employer signals about how they will view Spring 2020 legal education may be most influential.  For those concerned about our profession’s  reputation for lack of wellness and lack of diversity, those concerns are elevated at this moment when those least advantaged are most hard pressed.  For those struggling with equity, there are so many permutations and consequences of COVID19 – whichever choice a school makes – that voting faculty could become as immobilized as Chidi Anagonye on THE GOOD PLACE. (BTW Good idea for escape television for those who love philosophy or Kristen Bell).

On the other hand, might this be a moment to look for the opportunities for reform and improvement that only come when the status quo is disturbed and rocked to its foundations as is happening now.  Here is what I am thinking:

Might Mandatory P/F force educators and employers to admit that traditional law school grading and ranking is a misleading and reductive proxy for measuring potential success as a lawyer?

Could it force employers to use other ways to learn about the WHOLE STUDENT with all her strengths, gaps, and individual aptitudes including the situation she faced during law school?

Might it accelerate a move to a more qualitative than quantitative assessment of each law student? Or, at least might it prioritize learning which enables a school to assemble a portfolio of student recommendations ( demonstration of knowledge, skills, aptitudes, and professionalism)?

Foundational resources include of course Educating Lawyers, Best Practices in Legal Education, and Building on Best Practices: Transforming Legal Education in a Changing World, which also provide helpful wisdom points. In addition, looking back through the dozen or so years of this blog’s existence, there are lessons from which we can pull core knowledge and core values to assist in our continued educational deliberations at this turbulent time. 

CORE KNOWLEDGE AND REFLECTIONS

Valuing Legal Education over Sorting – For example, focus on the difference between assessment and grading.  Educating Tomorrow’s Lawyers conferences have brought employers, law schools, and legal education stakeholders together to tackle the disconnect between our current sorting systems (primarily used to help elite employers looking for a simple and reductive initial screening system) and the needs of society and most employers for competent new attorneys and the needs of students and the profession for fairness.

Focus instead on formative and evaluative assessment of law students and graduates

Focus on growth mindset, on reflection and learning from mistakes or experience

Recognize the limits and problems with GPA’s or LSAT scores to create a more competent profession with more able and diverse learners.

Acknowledge that the media and the academy is still stuck in a mindset that focuses on sorting methods rather than on better preparation and assessment of law students to serve clients and society.

Class rank does not predict who will become a competent, healthy and ethical lawyer

Effective Education includes

CORE LEARNING VALUES

Growth Mindset 

Inclusion and Diversity

Student-centered Learning  and the Introduction to the original Best Practices – “One of our basic tenets is that law schools should become more student-centered”

Wellness  

Collaboration and Innovation

Integrity 

Character 

Justice

Situational Excellence

There is a common theme here: P/F with alternative assessment information and measures should be seen not as temporary emergency expedients to “sort and rank”, but rather as long overdue components of a better educational program and more nuanced assessment paradigm.

I would love to hear your thoughts in the comments below.  I wish all our readers and citizens of our little blue planet moments of peace, love, safety, and compassion. May someone be kind to you today and let’s pay it forward.

 

 

 

Preparing 1Ls for Persuasive Communication by Integrating Procedural Rules and Substantive Law

By Louis Jim, Assistant Professor of Law, Albany Law School

My last post discussed my experience of using “classroom clickers” in the first week of law school to build a foundation to understand the hierarchy of authority, a foundation that is critical to success in all classes. In this follow-up, I discuss my experience with using “classroom clickers” to improve student understanding of the Federal Rules of Civil Procedure before students write their motion and appellate briefs.

Many law schools require 1Ls to complete a legal analysis, communication, and research course. Although models may vary, those courses typically span two semesters: the first semester focuses on “objective/predictive writing” and the second semester focuses on “persuasive writing.” At Albany Law School, the course is called “Introduction to Lawyering,” which is a six-credit, two semester course (“Lawyering I” in the fall, “Lawyering II” in the spring). I started teaching the course in August 2018.

In Lawyering II, I require the class to write a summary judgment motion and an appellate brief; the students then complete an appellate oral argument. For the summary judgment, every student represents defendants who move (and are inevitably granted) summary judgment. Every student then represents the plaintiffs-appellants for the appellate brief. Students choose their side for the appellate oral argument.[1] By forcing students to switch sides, students must first write their statement of facts and argument from the perspective of the defendant, and then re-write their statement of facts and argument from the perspective of the plaintiff. This model fosters a better understanding of the strengths and weaknesses of both parties. But more importantly, because students must write from diametric perspectives, this model forces students to think about how organization and word choice affect the persuasiveness of their motion and brief.

The semester-long hypothetical is set in fictional State of New Scotland, and the venue of the civil action is the fictional U.S. District Court for the District of New Scotland,[2] which is in the fictional U.S. Court of Appeals for the Fourteenth Circuit. The U.S. Supreme Court hears appeals from the Fourteenth Circuit. The hypothetical involves a real circuit split on a constitutional or statutory issue and asks students to persuade the fictional district court and fictional circuit to take a position. As an “open universe” problem, students perform independent research, though I assign short research assignments to get them started. Students must recall their knowledge of “binding” and “persuasive” authority and analogize or distinguish the hypothetical problem’s facts to the facts of real cases on either side of the split.

When I first taught “Lawyering II” in Spring 2019, I presumed that every student fully understood how summary judgment actually worked because they took “Federal Civil Procedure” in the fall. But after reading the motions, I realized that I had failed to ensure that each student had a solid foundation to understand how summary judgment actually worked in practice.

Not wanting to repeat my mistake this spring, I created an in-class exercise to assess the class’s understanding of motions, appeals, and Federal Rules of Civil Procedure 12 and 56. A copy of the exercise that includes my comments on the objective of each question is available here:

The exercise involves two separate federal housing discrimination claims against “YBR Apartments, Inc.” The plaintiff in the first claim is “Oscar Zoroaster,” and the plaintiff in the second claim is “Dorothy Gale.” Both plaintiffs claim that they have the fictional “Ruby Slippers Syndrome.” Each question in the exercise builds the prior question, and each question assesses a different aspect of Rule 12 or Rule 56. By using a “classroom clicker,” each student participates without fear of being singled out for being incorrect.

I start with Rule 12 because it serves as a good opportunity to focus the students’ attention to the elements of the claim (i.e. “Can plaintiff state a prima facie case for federal housing discrimination?”). The discussion on the questions about Rule 12 also gave me an opportunity to stress that plaintiff’s counsel should draft complaints precisely and accurately as possible in light of the information available to counsel at that time.

The exercise transitions then to assessing the students’ understanding of Rule 56. For the Rule 56 portion, I wrote hypotheticals that would assess their understanding of (1) what it means for a fact to be “material,” (2) what a “dispute as to [a] material fact” and “judgment as a matter of law” actually mean, and (3) how a district court uses persuasive authority when there is no binding authority. The posture of the last two questions in the exercise are designed to mirror the posture of summary judgment motion and appellate brief for the semester-long hypothetical, i.e. convince a district court and a circuit court to adopt the position of another circuit absent any binding authority.

Not only was the exercise useful in assessing (or reviewing) their understanding of Rules 12 and 56, but the exercise also challenged students to begin forming and making persuasive arguments to support their responses. By practicing how to develop their persuasive communication skills early in the semester, students engaged with the primary learning outcome for Lawyering II—persuasive communication. Students could then apply the exercise’s lessons to the semester-long hypothetical. Finally, students saw how substantive and procedural law is actually integrated and used in practice, an opportunity that may not always arise in other courses.[3]


[1] Students sign up on a first-come, first-serve basis.

[2] Albany Law School is located at 80 New Scotland Avenue in Albany, New York.

[3] My students complete a biweekly reflection in which they must tell me two things they learned in Lawyering that week and two things they want to learn in Lawyering. The students then have the option of writing any comments or asking any questions even if the questions and comments are unrelated to Lawyering. One student commented that she wished she saw more of how doctrinal law is actually used in practice.

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