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Susan Daicoff Professor, Florida Coastal School of Law 2011.

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Presentation on theme: "Susan Daicoff Professor, Florida Coastal School of Law 2011."— Presentation transcript:

1 Susan Daicoff Professor, Florida Coastal School of Law 2011

2 The Three Reports MacCrate Carnegie Best Practices Millennial Generation Economic Pressure Susskinds The End of Lawyers

3 Washington & Lee – remake of 2d & 3d years Harvard Law – problem solving in 1 st year Stanford - exploring CUNY – long term commitment to skills Santa Clara – Leadership for Lawyers course Cal Western – remake of Prof. Resp. course into STEPPS course: skills & PR Florida Coastal – six-hour CPE requirement University of Florida – remake of Prof. Resp. course into two courses to include profesm

4 Intrapersonal skills Independence Stress management General mood Interpersonal skills (female lawyers) Problem solving SKILLTYPE OF LAWYER Intrapersonal skills: independence, stress tolerance, assertiveness, optimism Top lawyers of all types: corp dealmakers, corp litigators, women lawyers, & those 40 and under General moodTop dealmakers & women lawyers Stress management Top dealmakers & litigators Interpersonal sensitivity, empathy Top corp litigators Problem solvingTop dealmakers AdaptabilityTop corp litigators & dealmakers

5 High achieving lawyers 40 years old and under shared these traits with Olympic athletes and other high achievers: a way of thinking, learning and concentrating that differs significantly from 90 per cent of the population... intense detailed focus and concentration coupled with big picture conceptual strategic thinking... an almost inexplicable drive for achievement and success that appears to originate in a variety of sources, such as adversity and challenge in the formative years... a predisposition (i.e., hard-wiring) that ensures an unstoppable need to compete and win... an incredibly strong sense and knowledge of self... [and] an intuitive sense of others by which one can read what is implicit or understand subtle body language and gestures.

6 INTRAPERSONALINTERPERSONAL Self awareness Self management Stress management Mood management Independence Assertiveness Optimism Sensitivity Ability to read others Trusted advisor PROBLEM SOLVING Practical creativity

7 1 : intellectual & cognitive analysis and reasoning creativity/innovation problem solving practical judgment 2: research & information gathering researching the law fact finding questioning and interviewing 3: communications influencing and advocating writing speaking listening 4: planning and organizing strategic planning organizing and managing ones own work organizing and managing others (staff/colleagues) 5: conflict resolution negotiation skills able to see the world through the eyes of others 6: client & business relations - entrepreneurship networking and business development providing advice & counsel & building relationships with clients 7: working with others developing relationships within the legal profession evaluation, development, and mentoring 8: character passion and engagement diligence integrity/honesty stress management community involvement and service self-development..




11 Survey of Chicago (1993) & Minnesota (2000) lawyers: Instilling others confidence in you Negotiation Counseling Ability to obtain and keep clients Survey of Montana lawyers (1988): Honesty Integrity Reliability Judgment Maturity Dealing effectively with others Motivation Continued professional development Tolerance and patience Understanding human behavior Self-confidence Survey of Arizona lawyers (2005): Listening Working cooperatively with others as part of a team Problem solving Counseling Negotiation Obtaining and keeping clients Networking within the profession Mediation Strategic planning

12 Intrapersonal Skills Honesty, integrity, maturity, reliability, judgment, motivation Self-confidence, tolerance, patience, independence, general mood, stress management Continued professional development Interpersonal Skills Dealing effectively with others, understanding human behavior, listening, working cooperatively with others Instilling others confidence in you, getting and keeping clients, networking within the profession Counseling Conflict resolution Mediation & negotiation Teamwork & collaboration Problem solving Strategic planning

13 Competencies or traits named in three of the six studies are: drive, honesty and integrity, understanding others, obtaining and keeping clients, counseling clients, negotiation, problem solving, and strategic planning

14 Intrapersonal Skills Honesty, integrity, maturity, reliability, judgment Passion, motivation, engagement, diligence Self-confidence, tolerance, patience, independence, adaptability, general mood, stress management Continued professional- and self-development Interpersonal Skills Dealing effectively with others, understanding human behavior, empathy, listening, speaking, questioning, interviewing, influencing, advocating Instilling others confidence in you, obtaining and keeping clients, developing relationships, networking within the profession Counseling Conflict resolution Mediation & negotiation Teamwork & Collaboration Working cooperatively with others Managing and mentoring others Problem solving Strategic planning

15 TRADITIONAL LEGAL SKILLS: Legal analysis Legal argument Research Writing Oral advocacy IRAC Drafting Marshalling facts Trial skills Multiple choice Substantive triage Case synthesis Distinguishing cases Briefing cases SOFT SKILLS OF LAWYERS A PROPOSAL FOR LEGAL EDUCATION REFORM

16 This is a working slide that was the inspiration for the foregoing slide; Powerpoint makes it impossible to convey the true web-like nature of the connections between these fields. -SD

17 Character Integrity Honesty Moral compass Intrinsic values Transparency Humility Accountability Intra- & inter-personal competencies Drive, motivation Empathy Voice Participation Negotiation Mediation Interest/needs based bargaining


19 Keirsey Thinking Preference (T) vs. Feeling Preference (F) MOS (Moral Orientation Scale) Ethic of Care (C ) vs. Justice/Rights Orientation (J)

20 THINKERS: value justice, rationality, truth, & objectivity; decisions dont reflect own personal values; can be cold & calculating; good problem-solvers FEELERS: value harmony, interpersonal relps., praise & mercy; apply their own personal values to make decisions; seek to do whats right for self & others; sensitive to the effect of decisions on others

21 Lawyers - Male Lawyers - Female Most Males Most Females

22 Preference for Introversion, Intuition, Thinking, and Judging among lawyers & law students Private practice lawyers = prefer Introversion, Intuition, Thinking (INT) Most common types: ISTJ, ENFP, INTJ (ESTP, ISFP, ESFJ, ESFP least common) Judges = prefer Thinking, Judging (STJ) Most common types: ISTJ, ESTJ (ISFP least common) Admin. Attorneys = prefer Intuition, Thinking, Judging (NTJ) Most common types: INTJ, ENTJ Lawyers resemble corporate executives (T-J)

23 RIGHTS: weighs conflicting rights & duties; seeks fairness, justice, & equality; maintains & applies rules, standards, & role obligns. to arrive at clear, absolute answers CARE: contextual; focuses on harm to people; seeks to avoid harm, maintain & restore relps. & protect others from hurt; decides by assessing relative harm to & vulnerabilities of parties

24 33 % 17 % 50 % 22 % 35 % 43 %

25 Interest in public interest work diminishes in law school Ethic of care is not the same as Feeling Pessimism linked to high grades & depressn (bad things all my fault; good things pure luck / ISG vs. EUS attributions) Stress associated with greater ambition, aggressiveness, and isolation Optimism linked to low grades Introversion & Thinking linked to high grades

26 Choosing a firm Understanding others Working with others in a team Choosing clients Understanding clients

27 In law school: as ones values shift from intrinsic to extrinsic rewards, distress develops (depression, lowered wellbeing) Use of Intrinsic Values: Choosing a firm Working with others in a team setting Choosing clients

28 What are your intrinsic values – those aspects of practicing law that youll find intrinsically satisfying (e.g., not $, fame, reputation, material things)? How would you deal with a colleague at the workplace who is impaired due to alcohol, on the job?

29 Birth Years: mid1970s – early 2000s (e.g , acc. to H&S) Books by Howe & Strauss: Generations: The History of Americas Future, 1584 to 2069 (1991) Millennials Rising: The Next Great Generation (2000) Book: Junco & Mastrodicasa (2007) Must Read Law Reviews: Susan K. McClellan, 15 Clinical L. Rev. 255 (2009) Melissa H. Weresh, 61 S. C. L. Rev. 337 (2009) Melody Finnemore, 66-Nov. Or. St. B. Bull 9 (2005)

30 Lost Generation (1883–1900) Lost Generation Greatest Generation (1901–1924) Greatest Generation Silent Generation (1925–1942) Silent Generation Baby Boomer (1943–1960) Baby Boomer Generation X (1961–1981) Generation X Millennial Generation/Generation Y/Generation Next or Net(1982–1998) Millennial Generation Generation Z/New Silent Generation/Homeland Generation (1999–2019) Generation Z


32 G.I. Generation Hero (Civic) 1901–1924 World War I/Prohibition World War IProhibition Silent Generation Artist (Adaptive) 1925–1942 Great Depression/World War II Great DepressionWorld War II Millennial Saeculum (baby) Boom GenerationBoom Generation Prophet (Idealist) 1943–1960 Superpower America 13th Generation (a.k.a Generation X) 1Generation X 1 Nomad (Reactive) 1961–1981 Consciousness Revolution Millennial Generation 2 Millennial Generation 2 Hero (Civic) 1982–2003? Culture Wars New Silent Generation 3 3 Artist (Adaptive) 2004?– present Millennial Crisis? GenerationTypeBirth Years Historical Time Period Greatest or GI Generation Hero/Civic WWI & Prohibition High but Unraveling Silent Generation Artist/Adaptive Great Depression & WWII Crisis Baby Boomers Prophet/Idealist Superpower America High (peace & prosperity) Generation X Nomad/Reactiv e Consciousness Revolution Awakening Millennials Hero/Civic Culture WarsHigh but Unraveling New Silent Generation Artist/Adaptive2001/ present Economic Crisis, … Crisis ???Prophet/Idealist????The New World Order? High (peace & prosperity) Source: Howe & Strauss (1991)

33 an increased use and familiarity with communications, media, and digital technologies Next Generation college students…used technology at higher rates than people from other generations:technologyother generations 97% of students owned a computercomputer 94% owned a cell phonecell phone 92% of those reported multitasking while Imingmultitasking 76% of students used instant messaginginstant messaging 56% owned a MP3 playerMP3 player 40% of students used television to get most of their newstelevision 34% used the Internet to get their news.Internet This generation spends at least 3.5 hours a day online. Source: Junco & Mastrodicasa (2007) (who conducted a research study of 7,705 college students).college students Now add: social networks: Facebook, Twitter, Linkedin, etc.

34 Facebook Twitter YouTube Online Learning Tools

35 Used to no one loses and everyone gets a "Thanks for Participating" trophy, resulting in a sense of entitlement Have too great expectations from the workplace and desire to shape their jobs to fit their lives rather than adapt their lives to the workplace Assertively seek more feedback, responsibility, and involvement in decision making Resulting generation & understanding gap between older employees and supervisors in the workplace & younger, Millennial employees

36 College students were frequently in touch with their parents –parents Junco and Mastrodicasa (2007) also found that students spoke with their parents an average of 1.5 times a day about a wide range of topics.

37 Balance: Demand balance -- that work and school fit around their lives & interests Not ashamed if unprepared in class Multimediative: Always use multimedia themselves, e.g., Powerpoint, Youtube, video clips, homemade movies Multitask constantly unless they are actively participating in an exercise, role play, or presentation Have a very short attention span Pay attention to video clips and sound bites Peer-oriented: Prefer to interact in groups rather than 1:1 dating Really excel in projects requiring public presentations of written or oral material Need Direction: Demand more structure and certainty in assignments and schedules

38 Celebrate & enjoy diversity Optimistic/realistic Self-inventive/individualistic Rewrite the rules Killer lifestyle (demand work/life balance) Irrelevance of institutions Internet is a given; assume use of communications, media, & digital technologies; multitask fast Nurtured; Sense of Entitlement Collaborative, teamwork & learning Friends = family

39 GENERATION X BORN MILLION MILLENNIALS BORN MILLION Accept diversity Pragmatic/practical Self-reliant/individualistic Reject rules Killer life Mistrust institutions PC Use technology Multitask Latch-key kids Friend-not family Mentoring Do’s · Casual, friendly work environment · Involvement · Flexibility and freedom · A place to learn Celebrate diversity Optimistic/realistic Self-inventive/individualistic Rewrite the rules Killer lifestyle Irrelevance of institutions Internet Assume technology Multitask fast Nurtured Friends = family Mentoring Do’s · Structured, supportive work environment · Personalized work · Interactive relationship · Be prepared for demands, high expectations Source: The Learning Café and American Demographics enterprisingmuseum Video Gen We Millennial Law Prof

40 Work well collaboratively in groups/teams Peer oriented (e.g., use of social networks) Excel in public presentations and real-life exercises (e.g., PR skills assignments) Easily use multimedia in public presentations (e.g., SBA awards presentation, 1L projects) Innovate - sidestep traditional methods and use technology (internet) to achieve goals (e.g., Napster) Demand balance of work/life/pleasure Celebrate cultural diversity Hero/Civicmindedness qualities The next Great Generation?

41 Give directions and structure and certainty for assignments, samples Explain what to expect, reduce uncertainty and do NOT assign meaningless tasks, do not assign too much (overwhelming, makes them feel incompetent) or too little (makes them feel like youre wasting their time, which is tight already) Realize they are timepressured, they value work/life balance, they want time for leisure and friends and family, explain when just-in-time learning will work and when it will backfire, so they are prepared Give immediate, regular feedback laced with lots of praise (sandwich critiques between praises) Encourage collaborative, team projects in groups, particularly in diverse groups Encourage their input & presentation in group settings – use weekly staffing of cases Treat them like peers, dont insist on respect for authority or tradition, but try to fit into a parent role with them, since they have great, close relationships with parents Get ready for them to ask why, buck tradition, and propose better ways to do things, give them hands-on civic-minded opportunities & meaningful work Be transparent, real, & honest about whats really going on Use technology and multimedia and multitasking to accomplish the above goals

42 Structured, supportive work environment Interactive relationships Immediate, direct feedback Be prepared for demands, high expectations Collaborative, team learning Personalized work Validate importance of satisfaction, fulfillment Work/life balance Embrace tech literacy Avoid lecture; involve/engage

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