What Do We Remember about our Teachers Decades Later?

This coming academic year will be my 20th in law school teaching. Truth be told, I don’t really need a milestone in my career to grow contemplative and introspective, as I am wont to do so under far more mundane circumstances anyhow, but this milestone is definitely doing the trick.

The grandest question that I might ask myself is what sort of difference I have made in the lives and careers of the students—well over one thousand, I expect—that I have taught or worked with since I joined the legal writing faculty at the University at Buffalo in 1999. (In 2002, I moved to the University of Pittsburgh School of Law and am still on the faculty there.) That is a rather abstract query, bordering on the metaphysical, I suppose. A related but more concrete question that I have actually been pondering is this: Decades after someone has been my student, what will he or she remember about me or my teaching? Something, I hope! And something positive, I hope too! Is there a particular thing I said, lesson I taught, teaching technique I used, kind gesture I made, or even joke I told that will stick with them, and maybe have a positive impact, even decades later?

Thinking back to my years in college and law school, I can easily identify the most  impactful specific thing that one of my professors did. I can even remember the date—September 26, 1983—as it was my very first day of classes as a freshman at the University of Washington. The class was Political Science 101, and the professor was Reza Sheikholeslami.

After I and hundreds of my fellow undergraduate students (mostly freshmen) settled into our seats in the lecture hall, Professor Sheikholeslami, sharply dressed and looking the part, strode confidently to the lectern. He scanned the crowd of young faces. Then came his first words: “Would everyone please stand up.” I hadn’t the slightest idea why we needed to stand up, and I doubt that any of the other students did either. But, promptly and without any hesitation, we all complied. He paused and again briefly scanned the crowd. “Alright,” he said, “please go ahead and sit down.”

After we settled back into our seats and the lecture hall again grew quiet, Professor Sheikholeslami explained, “This is Political Science 101, and the goal of this course is to teach you why you just stood up and then sat down.” Being an impressionable 18-year-old, I was mesmerized.

Of course, standing up and then sitting down in compliance with a professor’s instruction does not begin to reach the level of gravity of what happened in the various societies and cultures that we ultimately studied in the course. Think Nazi Germany, for example. But the metaphor Professor Sheikholeslami delivered with his opening words was ever so powerful, and the course largely lived up to it.

Wherever I see demagoguery or other anti-democratic forces rearing their ugly heads, and people are blindly following an authority to their own detriment and the detriment of others, I think back to Poly Sci 101. (I’ll refrain from further comment on the current political climate in this country.) Moreover, in various contexts in the law school classroom, I have drawn from the simple but crucial lessons of that first class with Professor Sheikholeslami. Sometimes, in my Legislation & Regulation course, the substantive lesson about obedience to authority underlies a thread of classroom discussion. More often, regardless of the course, the pedagogical lesson—try to leave a lasting positive impression with one’s students—drives me to think more creatively about how to approach a class topic.

Among the numerous professors that I had across four years of undergraduate study and three years of law study, off the top of my head I could probably name one-third of them (a higher percentage from law school than from undergraduate, I expect).  And among those whom I can remember off the top of my head, only a handful of them sit prominently in my memory—because of how talented they were as teachers, how funny they were in the classroom, how helpful and supportive they were in one-on-one work on a research project, etc. But only one remains prominent in my memory for one particular thing that he did in the classroom: Professor Sheikholeslami.

A few years after I benefited from his creative and thoughtful teaching, Sheikholeslami became the Masoumeh and Fereydoon Soudavar Professor of Persian Studies at the University of Oxford. I was saddened to learn recently that he died earlier this year at the age of 76. I regret that I never succeeded in reaching him to tell him of the positive impact that he had on me—as a person and as a teacher.

To be sure, there are many ways to define and measure good teaching. Now that I will soon begin my third decade in legal education, what I often come back to when I ponder my own qualities as a teacher is this: What do I say or do as a professor that will stick in a student’s memory and still carry some positive influence—no matter how concrete or abstract—decades later? A fond memory of any kind would be great. A memory on the level of my memory of Reza Sheikholeslami in Poly Sci 101 would be a wonderful bonus.

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Jumpstart Outline: Ideas to Help You Make a Plan to Teach “Public Citizen” Lawyering in Any Law School Class

Best Practices for Legal Education and Building on Best Practices urge legal educators to help students develop their professional identities. One aspect of a lawyer’s professional identity is performing the role of “public citizen.” The Preamble of the professional conduct rules in most jurisdictions explains that lawyers are “public citizen having special responsibility for the quality of justice.”

We can help students begin to understand what it means to be a “public citizen” if we address the issue in concrete ways across the curriculum. The following outline provides some ideas for integrating public citizen lawyering into your course.  This is a long list, but there should be an idea or two that will work for your course, whatever its focus.

Use (or Adapt) Existing Course Materials, Exercises, and Activities to Make Explicit Connections Between the Course and the Lawyer’s Work as a Public Citizen

  • Find the Public Citizen Lawyers in Your Current Textbook. Are there lawyers in your textbook that are fulfilling the public citizen role? Discuss them when you see them.
  • Use Course Materials to Help Students Identify and Discuss Injustice. Help students become justice-seeking lawyers by helping them identify injustice. In the chapter Social Justice Across the Curriculum (in Building on Best Practices), Susan Bryant identifies seven questions that can be used in any class to help students explore injustice.
  • Discuss Needs for Law Reform in the Subject Area of the Course. When you encounter areas of needed law reform in course material, discuss how lawyers can play a part in making that change.
  • Use Writing Assignments to Give Students Experience Advocating for Law Reform. For writing assignments that require students to recommend or draft proposed changes to the law, make the explicit connection that this one way that lawyers fulfill the public citizen role: they advocate for improvement in the law. Provide them avenues to publish, discuss, and otherwise publicize their work.
  • Lawyer Speakers Should Be Asked to Discuss How they Serve. If you ordinarily invite lawyers to class to talk about course related topics, prompt them to talk about the things they do to serve the public and the legal profession.
  • Integrate Social Justice Issues Into a Course Exercise. Is there an exercise you currently use to develop knowledge or a skill in which you can introduce an issue of social justice? For thoughts on designing and debriefing that exercise, see Susan Bryant’s chapter Social Justice Across the Curriculum in Building on Best Practices: Transforming Legal Education in a Changing World, at pp. 364-66
  • Prompt “Public Citizen” Discussion in Journaling Exercises. Prompt students to reflect upon public citizen issues in their course journals. What are areas where they see a need for law reform? What could they do to address those issues now and in practice? Suggest that students talk to lawyers (with whom they work) about how they serve the public and the profession. Ask the student to reflect on those discussions in their journal.

Create New Activities and Exercises that Integrate Course Material and the Lawyer’s Role as Public Citizen

  • Prompt Students to Create a Professional Development Plan.Particularly in classes where students may have common career goals (such as in an externship or capstone class), prompt students to write about their values, interests, and strengths, and to make a plan for the future, including a plan for service.
  • Integrate Pro Bono or Service Learning Into the Class. Find an opportunity for the class to represent a client or clients or serve a community organization or population that is connected to the subject matter of the class.
  • Create a Law Reform Activity for the Class. Engage in action as a class to reform the law in an area of need connected to course material. For suggestions see Mae Quinn’s article Teaching Public Citizen Lawyering: From Aspiration to Inspiration, 8 Seattle J. for Soc. Just. 661 (2010).
  • Require Students to Interview a Lawyer. The interview should cover course-related material as well as the lawyer’s service to the poor, the public, and the profession.
  • Organize a Book Club. Identify a non-fiction law-related book with a connection to your course material and that provides a springboard for discussing the lawyer as public citizen. A great book about pro bono service and its impact on both client and lawyer is William H Colby’s Long Goodbye, The Deaths of Nancy Cruzan. A book that prompts lawyers to think about the ingredients of a happy life – including pro bono work and “serving a larger social purpose”– is Nancy Levit and Douglas Linder’s book The Happy Lawyer: Making a Good Life in the Law.

Share Information about Yourself as a Public Citizen

  • Be Inspiring. Tell an inspiring story about what another lawyer’s service meant to you or about what your service may have meant to someone else – and how that made you feel.
  • Talk About Yourself as a New Lawyer. Tell stories about your experiences as a new lawyer attempting to fulfill the public citizen role. What did you learn from those activities? Did you have mentors that inspired or encouraged you?
  • Note the Times When You Struggled. Share the times in your career when you have struggled with balancing the demands of practice, your personal life, and serving the public. What worked for you and where do you continue to struggle?
  • Incorporate Examples Connected to Course Subject Matter. Weave in examples of what you currently do to serve the public and the profession and explain why you serve.
  • Revise Your Faculty Webpage to Emphasize Your Public Citizen Work. Include your pro bono service activities, service to the profession (committees, CLEs, etc), and board service on your law school profile – not just your C.V.
  • Promote Your Service to the Public and Profession on Social Media. Alert your law school communications person to stories about your service activities so that students and alumni can learn about what you do through law school social media. Also, promote these same things in your own use of social media.

Fulfill the Public Citizen Role with Students Outside of the Classroom (Not Necessarily Connected to a Course)

  • Provide Access to Justice. Participate with students in organized pro bono events or service activities.
  • Improve the Law. Enlist students to help you prepare to testify or do research about a suggested change in the law – and bring the student along when possible.
  • Serve the Profession. Ask students to help you with a CLE – from preparation to attending and presenting with you. Or invite students to participate in a bar committee or bar event with you.
  • Identify a Need and Fill It. Work with student organizations you advise to identify a group with interests related to the organization. Find out their needs and make a plan to partner with them.

 

What inspires the scenarios and characters in your final exam questions?

As we wrap up another season of grading, I return to the thought that grading finals can feel like reading the same story again and again. This task is slightly more entertaining for me if the story involves some interesting characters or scenarios. Here are a few places I look for inspiration when I write final exams.

  1. Real Cases. Sometimes, a case in the news serves as inspiration for a final exam. That happened this fall when my PR final posed a question involving a lawyer who solicited clients in a funeral home in a state where he was not licensed. Other times, I work backwards and pick an issue I want to address in my final (like Rule 19 in civil procedure) and then find a case involving that issue. (For the Rule 19 case, I once used a scenario based on Diaz v. Glen Plaid in which the defendant asserted that the University of Alabama was an indispensable party in a case involving the trademark-protected image of a houndstooth elephant).
  2. TV Lawyers. The set-up for my essay question is often a memo from a lawyer asking a junior lawyer to help with a client’s problem. I often base that senior lawyer’s name on a tv lawyer. Through the years, those attorneys have included Alicia Florrick, Ally McBeal, Jimmy McGill, Kim Wexler, and many others. The facts have nothing to do with these lawyers or their tv shows. The names are really just for my personal amusement.
  3. Other Characters from TV and the Movies. Beyond tv lawyers, I sometimes look to other tv shows and movies for inspiration for scenarios and character names. My civil procedure exam once described a federal lawsuit arising from a bowling accident involving characters from The Big Lebowski. Knowledge of the movie does not help exam performance, but often inspires a joke (perhaps something about a rug that really tied the room together) that makes exam grading easier for a moment. I have learned not to make the scenarios sound too much like something that might be happening on the actual show. (During the show’s heyday, a student complained I had included “spoilers” in an exam question involving Nashville. I assured her that the scenario was just my imagination and that I had not spoiled anything she was planning to watch on DVR once finals were over).
  4. People I Know.  Even if I have the scenario, it is hard to come up with the multitude of character names needed for a three-hour exam. I tend to return again and again to the names of people I know. Most of my exams include character names inspired by my childhood neighbors, elementary school classmates, and law school friends. (I finally admitted this to my law school friends and the conversation quickly turned to how much worse it is to take a law school exam than to write or grade it. I did not try to win that fight).  My civil procedure exam typically includes a character named after my own civ pro professor.
  5. People My Students Know. Finally, another source of character names is people that my students know: their own law professors. I would never use my colleagues’ names in a scandalous scenario, but rather in a (mildly) funny scenario that the students will appreciate. For example, a multiple choice question on my civil procedure exam described my students’ contracts professor suing me for breach of contract.

In truth, reading dozens of exams involving these characters does not make the month of December “fun” (or make it feel like the “vacation” that my mom thinks I get at this time each year).  But it helps a little.

Experience with Peer Support, Peer Review and Feedback on Teaching?  

We are all familiar with engagement in peer review of scholarship. Law faculty culture prioritizes peer input and review of scholarly ideas and articles. Sending drafts of articles to colleagues for feedback, “workshopping” preliminary ideas, and vetting scholarship is part and parcel of the work we do. We visit other schools, make presentations and attend conferences because we value peer discussion and  input. It is the basis by which we create and communicate knowledge.

I don’t believe, however, we have a similarly pervasive culture for formative peer review when it comes to teaching in law schools, although such culture exists at other higher education institutions. According to The University of Texas Faculty Innovation Center, an academic culture which prioritizes informed peer collaboration, review and input on teaching benefits everyone,

Good teachers continually learn and develop. Peer Review, which combines the examination of course materials with in-class observations and collegial discussion, helps prompt this learning among faculty. Ideally, these interactions and conversations can create opportunities for us as colleagues to reflect on and adapt our teaching practices in order to become better teachers and increase student learning.

Northeastern University Center for Advancing Teaching and Learning through Research recommends a four step process:

  • Initial conversation between the observer and the observed
  • The observation itself as an informal data collection and distillation process
  • Follow-up conversation in which the observer shares the observations and collaborates with the observed teacher in any kind of brainstorming or troubleshooting that the observations invite.
  • Reflective summary written by the observed instructor, integrating what was learned from the process and how this will influence future teaching.

Vanderbilt University’s Center for Teaching includes the goal of “enabling more intentional and mutually supportive communities of scholar teachers.”

It is true that we have made some progress in elevating the role of teaching in law schools in the past decade. Legal Education certainly woke up to the need for a culture change around curriculum and teaching following the publication of Best Practices for Legal Education  and Educating Lawyers.  The economic downturn heavily affected the admission process and the need to focus on student learning. ABA requirements regarding student learning outcomes also redirected attention and resources towards what students actually learn while in law school. Moreover, organized efforts such as the Institute for Law Teaching and Learning  and the AALS Section on Teaching Methods  have converted many to the idea that teaching and learning are matters worthy of scholarship, innovation and peer discussion.  Places like this blog and others support exchange of ideas, methods and innovations.

It is also true that as far back as 2008, pioneering legal scholars Gerry Hess and Sophie Sparrow studied factors which encourage or assist the professional development of law teachers including peer observation. So there are many resources available to improve teaching in law schools. Yet, across the academy, are we truly immersed in a continual process of formative feedback for law teachers? If so, the web shows little evidence of it.

I think some of the culture gap is explained by the fact that historically peer review of teaching only happened during a promotion and tenure process that resulted in an up or out decision by the faculty — hardly a formative approach. A voluntary formative program of peer support and review – not used for personnel decisions – should allay those fears.  Appropriate concerns about interference with academic freedom in the classroom might explain some of the culture gap. Except that, even more concerns about academic freedom arise with respect to peer input into “controversial scholarship,” since draft writings can be more easily captured and reproduced than can observations of a single class session. What I think explains the gap, instead, is that we have not properly trained or equipped law faculty with the tools and methods for conducting and receiving helpful peer observations.

At Albany Law, we have promoted a culture of inquiry around teaching and learning for many years now — colleagues sit in each others classrooms from time to time, our Academic Dean prioritizes teaching support, our Center for Excellence in Law Teaching showcases teaching ideas and invites collegial discussion through teaching workshops, and our Director of Online Learning and Instructional Technology facilitates flipped classrooms and other innovations. What we haven’t done is formalize a voluntary peer support and review program. This year, we are planning to revisit our very loose approach and learn from the ever evolving resources and experimentation of others.

So readers, contributors and chance internet searchers, please post here what if any processes have you implemented to support peer observation of law teaching? Is it a voluntary program as we envision at Albany? How has it worked? Or, if you have an opinion about faculty peer review programs, let us know what you think!

I hope to compile the results and report back later in the year!

P.S. If you are more comfortable with e-mail than a blog comment, feel free to contact me at mlync@albanylaw.edu. 

Blended Learning for Law Schools

I just returned from an inspiring and thought provoking three days at the Wolters Kluwer-sponsored Leading Edge workshop. The gathering of about 35 thought leaders from legal education – a wonderfully diverse group – was structured as an un-conference, so the participants designed the agenda upon our arrival and all the discussions revolved around topics that the invitees chose and facilitated. The topics ranged from assessment to increasing diversity in the academy, to teaching about leadership and cyberlaw, to disruption of law schools (yes, that was the session I lead).

Among the many recurring themes at the conference was online learning, particularly blended or hybrid learning, also referred to as flipping the classroom. Over the last few years, researchers have increasingly confirmed that students learn best in courses that combine online with face-to-face learning. Here, the Mayo Clinic describes the utility of blended learning in the health sciences field. Similarly, the US Department of Education found many benefits of flipping the classroom in its meta-analysis of online learning. These and other studies talk about the many advantages that derive from blending online and in-class instruction.

In the law school context, I made these videos about flipping the law school classroom and blended learning in legal education, in which I talk about how online learning can free up class time for law students to begin to gain exposure to essential lawyering competencies during each course while still covering the doctrinal material that professors hope to assign during a typical semester. Adding blended elements to your courses can be fun and rewarding. Here are some tips for getting started.

Top Five Things to Consider When Flipping a Law School Course

  1. What topics do you want to flip?

Before you begin, identify the topics that you typically cover for which the flipped classroom model would make the most sense in the course.

  1. You don’t have to produce all of the videos.

Don’t be reluctant to assign video content produced by other professors. Like other teaching and scholarly activities, such as writing an effective article, practice guide or even blog post, the production of effective and engaging video content takes time. As a result, I often assign my students to read law review articles and casebooks prepared by other professors. Assigning videos prepared by other professors is analogous. Indeed, by assigning material prepared by others, our time is freed up to spend on more active teaching activities. Visit legaledweb.com for a collection of videos prepared by leading law faculty.

  1. Begin with planning what will be “flipped in” rather than what will be flipped out.

Plan what you want to do with the additional face-to-face time with students that blended learning will afford. This is the point of having a flipped classroom. For example, consider adding new activities into the classroom (such as interviewing, negotiation or drafting exercises) that hone practical lawyering skills and competencies.

  1. Produce chunked, short video content.

Research shows that effective videos do not exceed 5-8 minutes in length, and some are even shorter. Break up a longer subject matter into a few chunked segments, making sure that each video addresses a discreet legal topic. Remember to make the video engaging and to speak clearly and concisely.

  1. Hold the students responsible for watching the videos.

Start each class with an assumption that the students watched the video. That will create an expectation for the group. Start the class by expanding on the videos lessons and assigning activities/discussions that ask students to use the theories learned from the videos actively through role plays, simulations, small group work or Socratic dialogue.

Best of luck innovating legal education. Let us know, in the comment section below, how it goes for you. What works? What could be improved? What insights can you share with the community?

And if you want to learn more about flipping the classroom and other innovations in teaching pedagogy, visit legaledweb.com

 

Law Schools Going Beyond Learning Outcomes Mandated by ABA

Having taken part in two recent symposia on learning outcomes (PLOs) in legal education, I was encouraged to see the number of law schools that are taking advantage of the recognized pedagogical benefits of adopting and assessing learning outcomes. As most law professors now know, ABA Standards require the adoption of learning outcomes. These standards also mandate programmatic assessment of whether students are attaining these outcomes. ABA Standard 302 dictates certain PLOs that all schools must adopt (e.g., knowledge of substantive and procedural law, legal analysis, research, and writing skills.) However, I saw evidence at each symposium that schools are going beyond the mandatory PLOs and are shaping their learning outcomes for knowledge, skills, and values beyond the minimum. That phenomenon suggest schools recognize the pedagogical value of outcome-based education and are seeking to provide more than the minimum.

The first symposium was entitled “The Next Steps of a Professional Formation Social Movement,” at St. Thomas School of Law on February 16-18–https://www.stthomas.edu/law/events/ symposium-21717.html One of the primary themes of the conference was that between thirty and forty law schools had adopted learning outcome that incorporated professional formation, consistent with the third apprenticeship advocated by the Carnegie Institute’s Educating Lawyers. Because ABA Standard 302 does not require such learning outcomes, the efforts of a growing number of schools to include them show a recognition of the significance of Carnegie’s emphasis on the need to do a better job of helping law student to develop a professional identity as they learn doctrine and lawyering skills. The conference explored professional formation learning outcomes in medical and military education and suggested potential points of comparison to law teaching, the conference further reported new data suggesting that the growing professional formation movement is consistent with the goals of law students. Finally, participants formed working groups to continue with the work necessary to keep the momentum going for the role of professional identity formation in legal education. In short, the symposium demonstrated the steady increase of faculty and schools advocating for integration of professional identity formation into the legal curriculum. See http://beyondtherule.blogspot.com/2017/ 02/cefler-cosponsors-symposium-on.html. The results of the symposium will appear in St. Thomas Law Journal’s upcoming symposium issue.

The University of Detroit-Mercy Law Review also hosted a symposium, on March 2, 2017, which reviewed the impact of learning outcomes and assessment—both institutional assessment of the degree to which students attain the outcomes law schools state as objectives, and more creative assessment in law school classes in the form of both formative and multiple summative assessments — http://www.udetmercylrev.com/symposium/outcome-measure-legal-education-symposium. The symposium highlighted again PLOs being adopted by a wide range of schools that exceed the minimum of ABA Standard 302.   The message of such a response to the advent of learning outcomes in legal education seems to be clear: law schools are willing to use this proven method of ensuring educational quality to improve their programs, not just in the least possible way but in a manner that will help law students achieve the most from their time in school.

These are but some examples of a broader movement in legal education improve pedagogy not only in the classroom (e.g., more formative assessments) but throughout the program (institutional reforms). Despite fears of widespread recalcitrance, a substantial number of law schools appear to be making a genuine effort to improve their programs.

What is a “Fact”? A “Story”?

In Washington D.C., on the GWU campus, there is a statue of a hippopotamus. A nearby sign explains that the statue was placed there because hippos once could be found in the Potomac. George and Martha Washington liked watching them from their Mount Vernon porch. They were also a favorite of children visiting the estate. George Washington even had a false set of teeth made of hippopotamus ivory.

As you have likely guessed, that sign offers readers what we might call mendacities, misrepresentations, falsehoods, alternative facts, untruths, lies, or bulls**t. To end any suspense, there really is a statue, the sign really does say most of these things, and George Washington really did have a false set of teeth made of hippo ivory. But the Washingtons never saw hippos frolicking in the Potomac and no one would have children anywhere near the Potomac if there were. To see hippopotami in the Potomac, someone would have had travel to Sub-Saharan Africa, capture a pod of hippos (they are social creatures) without being attacked (they are very dangerous, killing 3,000 people each year), carry them across land to seafaring boats, make the trek across the Atlantic, and then to the Potomac—all while keeping the animals’ skin moist at all times. The hippos might freeze in the winter if not recaptured and quartered somewhere warmer. Hippos are also very large, weighing in at 1.5 tons or more.

Nevertheless, these facts and falsehoods hang together as a story. When did you begin to question that story? When you began to question, did you then question the entirety of the facts or were you willing to believe any of the information as fact? As lawyers, you know that stories are composed of facts, but if asked for a definition of a fact or of a story, can you provide one?

More importantly, we want the next generation of lawyers to fully appreciate the answers to those questions. With the decentralization of information, I find that I need to be more deliberate in my approach to teaching different categories of facts: actual facts such as the sun rising in the east on our planet; verifiable facts, such as the natural habitat of hippopotami; and debatable facts, such as whether this sentence should have used “whether or not” instead of “whether.” I also spend a significant amount of time distinguishing facts from characterizations, which are essentially the opinions or judgments of the writer. Someone’s “lovely summer-preview week in April” is someone else’s “torturous week in April” if that second someone suffers from summer Seasonal Affect Disorder. And, now, sadly, I am spending more time teaching the difference between facts and misrepresentations or falsehoods, such as a statement that this blog post focuses primarily on hippopotami (a misrepresentation) or on cat memes (a falsehood).

For several years, I have also spent several class hours on the importance of story structure as the delivery vehicle for facts and story strategy as a driving force in persuasion. A story involves characters, a setting, and hurdles or challenges that a particular character or characters must overcome to reach a desired goal. Implicit in that definition is the passage of time, i.e. a beginning, middle, and end. It is easy to see how legal matters exist as stories. The nub is in the teaching of the re-telling, from the client’s perspective, using description and detail—that is, facts—rather than characterizations.

Facts must be presented as a narrative rather than as a list if the author wants the audience to interact with those facts and remember them. Facts by themselves don’t persuade. Stories persuade. That’s not my opinion, but has been demonstrated by science across a variety of fields. We think, act, make decisions in story. As those of us studying and writing on applied legal storytelling know, former Oceanographer at the Department of Energy, Kendall Haven has published books to help professionals digest the vast amount of science out there. For yourself, take the simple but germinal test in the study conducted in 1944 by Drs, Fritz Heider and Marianne Simmel. Look at the video and see if you can answer a few of the questions. If you can, you have demonstrated that you think in story. To demonstrate this to my students, before showing the video I divide the class in thirds and assign each group a client to represent. After showing the video twice I ask each group to tell a story from that client’s perspective.

Contrary to what we may call our lawyer’s sense of justice when the verifiable facts disprove falsehoods, citing just the facts by themselves may actually backfire–here’s a great Harvard Business Review article with links to the original studies that will help explain why. In law, there are several studies of jurors that demonstrate the power of story, but only a handful of studies testing legal audiences. In a 2010 article Ken Chestek wrote about a study that used carefully constructed briefs to study the preferences of judges, court staff attorneys, newer attorneys serving as law clerks, appellate attorneys, and law professors. From the data, he concluded that stories are more persuasive to decision makers than syllogistic reasoning by itself. Attorneys and judges with more than five years of practice overwhelmingly chose a storied version of an advocacy document over a straight-up law/application version. Only the attorneys newly out of law school deviated from this pattern—begging the question, are we doing something in law school that skews this number so much from what judges and seasoned attorneys believe to be effective lawyering?

Assuming you are on board that our students should graduate knowing what facts are and knowing that representing clients means being able to appreciate and tell their clients’ stories, the last question to answer is the curricular locale for teaching these things. Historically, the clinic and externship programs at law schools have been celebrated for focusing students on facts and narrative in a capstone experience. I am a true believer that those programs will continue to be the locales in which students will most strongly make the connections between legal and narrative reasoning. But we do students a stronger service if they enter the capstone experiences with a strong foundation. The casebook authors can include more story so that teaching professors can reinforce the ideas of facts and narrative. The skills professors of the trial advocacy and practicum courses include some training, but the first and heavy lift most appropriately belongs in the required first-year legal research, analysis & communication course series. Gone are the days when we can teach those courses by indulging in the pedagogy of a legal document’s traditional text-based sections or on a singular paradigm for organizing legal reasoning. In 2017 we must focus on making students client-ready. Written and verbal communication in law occurs in a variety of mediums, to a variety of audiences, and in a variety of different rhetorical situations. The connecting universals across law and legal communications will always include law, facts, and story.

*Thank you to Courtney Knight, Class of 2017, Rutgers Law School, for the story idea.
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