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

For those who did not closely follow the California State Bar debate on the requirement of 15 credits of competency training for bar admission (the work of the Task Force on Admissions Regulation Reform, or “TFARR”), I summarize the current status.  (Although I am currently co-prez of the Clinical Legal Education Association, known as CLEA, this post is not written with that hat on.)  This is my own thinking, albeit, informed by the excellent work of the CLEA Advocacy committee.

The TFARR process was two-staged, over a three year period, with opportunities for public comment throughout. CLEA  participated in that process and submitted five separate comments on the proposals that are available at http://www.cleaweb.org/advocacy under “Briefs and Other Advocacy” (documents 4-8).

In the end, TFARR recommended 15 credits of competency training which can be achieved in a variety of ways (in addition to how experiential credits can be earned under the new ABA regulations), and which include six credits of summer work. You can read the TFARR Phase II Final Report  at: http://www.calbar.ca.gov/AboutUs/PublicComment/Archives/2014PublicComment/201411.aspx

The process was complete in November, 2014, with final TFARR recommendations to the State Bar Board of Trustees (that responded to public comments) and unanimous adoption by the Board: http://board.calbar.ca.gov/Agenda.aspx?id=10891&tid=0&show=100008800&s=true#10013881 (agenda item 113). The TFARR Phase II FInal Report represents a compromise based on extensive input.

Lately, some confusion has arisen because of a letter posted to the AALS website authored by a non-standing committee of Deans.  The confusion arises because:

  1. Neither AALS nor this special Dean’s committee ever participated in the two stage TFARR process and so appear to be sort of “johnny come latelys, ” and
  2. The letter mistakenly focuses on an earlier draft of the final proposal failing to recognize the compromises already reached in the final proposal.

I understand that there are efforts underway to correct the confusion which makes me happy since the Deans’ letter is signed by two people whom I have long admired in a variety of contexts.

Other blogs are already exploring the 15 credit  proposal and its interesting and creative approach. For example,   “Kudos to California”  What do our readers think?

Using Portfolios for Assessment

A few years ago I started to use student portfolios as part of the end-of-semester evaluation of my students. I have found that portfolios can be an excellent vehicle both for the student’s own self-reflection and for providing summative feedback.

Here is how I use them. At the end of the semester, I ask each student to prepare a portfolio of the written work the student did over the course of the semester. In doing so, each student is asked to read the first and final version of the principal documents that the student drafted during the semester (in the context of my cases, these include the client’s affidavit, any witness affidavits and a brief).

I also ask them to bring the drafts and final versions to the meeting. During the meeting, each student is expected to have reflected on his/her writing, considered how his/her writing progressed over the semester, and point out 2-3 improvements that he or she made. They are also expected to use the drafts to illustrate the progress.

My students find that the act of assembling the portfolio and rereading their own written work serves as a reminder of how far the student has come in crafting a legal theory or developing a factual account of the relevant events or even about some of the obstacles that he or she encountered along the way and how he or she managed to overcome them. I like this method of assessment because it is mainly about self-reflection. Each student in learning from his or her own work. The portfolio is simply a vehicle to make that learning tangible. It is a wonderfully, tangible way to show someone how much he or she has improved over the course of a semester.

I was recently speaking with Larry Farmer from Brigham Young University School of Law. He mentioned that he uses portfolios too. But in his case, they are videos. At the beginning of his course on Interviewing, before any class has been conducted, he asks each student to conduct a mock interview, which is videotaped. The students then spend the semester learning about, practicing, and refining their interviewing techniques.

Then, at the end of the semester, they are asked to review that first interview and to reflect upon their own improvement over the semester. Like the written portfolio that I use, this one also uses a student’s own work to demonstrate learning and progress. I plan to try it next semester.

Are there other ideas out there? Do you use portfolios? If so, how? How can I improve my process? I’d love to hear your thoughts in the comment section below.

Law Practice at the Cusp of Disruption

Colleagues, please read this article by Clay Christensen and his colleagues.  As law professors, we need to understand how the practice of law is changing.  Only if we understand it can we best prepare our students for the world they are entering and will be practicing in going forward.  It talks about the move from BigLaw to NewLaw, and sees more evolution along the lines of Axion, AdvanceLaw, Lawyers on Demand, all within the scope of BigLaw.  

Then let me know what you think in the comments section below. 

Flipping Law School Classes

I flipped my class yesterday.  And I think it worked!

The class was on persuasive lawyering.  Over the summer I made a video about persuasive lawyering.  It talks about persuasion in relation to classic rhetoric, and the elements of logos, pathos and ethos.  The video is available on LegalED.

Here is what I did during the 55-minute class segment that I allocate in my syllabus for introducing the topic:

I assigned the video for students to watch as homework.  It is less than 5 minutes long.  Then, when we got to class, instead of starting the discussion of persuasion with a short lecture on the topic, I started with an exercise.  The students were asked to work with a partner to persuade my co-teacher (I am very fortunate to be co-teaching with Harriet Power from our university’s theater department this semester) and I that we should serve wine and cheese during each class.  The student teams had two minutes to come up with their arguments.  Then, each student team had one minute to stand up and persuade us, with each partner contributing equally to the argument.  Most argued about the health benefits of wine, others about how drinking wine would make the students more relaxed and open, which would facilitate better in class discussions, and others pointed out how the professors could benefit from the wine as well, at the end of a long, busy day.  The theme of culture was raised as well; some arguments tied the wine and cheese to our abilities to learn about different cultures through their food and drink.

My co-teacher and I then facilitated a discussion of the arguments in relation to the theory of persuasion.  We used the students’ arguments as jumping off points – we broke them apart to identify what worked and why, relating everything back to the theory the students had learned from the video and the tactics of persuasion – logos, pathos and ethos.  For example, the argument drew on logos when it referred to the research on the health benefits of drinking red wine.  The part of the argument that was more personal about us as professors and how we could also enjoy the wine, was about pathos, appealing to the audience’s emotions.

I have taught a class on persuasive lawyering about ten times before and this one seemed different; it was better.  Instead of my talking at the students about the foundations of persuasive argument, by flipping the classroom my students could learn the foundational information before coming to class.  That opened up the class for an activity in which the students could actually try it out.

Another added benefit was that we could provide feedback on the students’ presentation skills as well.  We told them whether their tone was appropriate and authoritative.  By getting the students out of their chairs, we could provide feedback to the students on their posture and stance and how body language can enhance or detracted from the persuasiveness of an argument.

I hope to make shorter videos on each of the three elements – ethos, pathos and logos – in which I flesh each out in more detail in the coming weeks.

If you have any questions, ask them in the comments section below.  I’d be happy to share more about the experience.  I also welcome comments on the video.

ABA Council Meeting — Final Vote on Accred Standards

Here is the final recap of yesterday’s vote by ABA Council on accreditation standards:

The most significant of the proposed changes would involve job protections for full-time faculty members. The council, following a lengthy debate, voted to send out two alternatives to the current standard, which is widely understood to require tenure or a comparable form of security of position for all full-time faculty members, except for clinical professors and legal writing instructors.

The first alternative, favored by a narrow plurality of council members, would require law schools to provide some form of security of position (short of tenure) to all full-time faculty members, including clinical professors and legal writing instructors. The other, which was a close second, would not require any form of security of position for anybody, but would require law schools to have policies and procedures in place to attract and retain a competent full-time faculty and to protect academic freedom.

Following the notice and comment period, the council plans to choose one of the two alternatives–or a variation–for final approval. It has also agreed to postpone final approval of any changes in the standards until the standards review committee completes its proposed overhaul of the standards.

Other tentative changes approved by the council Friday would increase the experiential learning requirement in the standards from one credit hour to six credit hours; increase the amount of credits law students may receive from distance learning courses from 12 to 15; and eliminate the current requirement that the student/faculty ratio be considered in determining whether a school is in compliance with the standards.

taken from this ABA article: http://www.abajournal.com/news/article/legal_ed_section_council_advances_three_more_chapters_of_proposed_changes_i/

%d bloggers like this: