susan daicoff professor, florida coastal school of law 2011
TRANSCRIPT
Susan Daicoff
Professor, Florida Coastal School of Law
2011
The “Three Reports”MacCrateCarnegieBest Practices
Millennial Generation Economic Pressure Susskind’s “The End of Lawyers”
Washington & Lee – remake of 2d & 3d years Harvard Law – problem solving in 1st 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 profes’m
SKILL TYPE 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 mood Top dealmakers & women lawyers
Stress management
Top dealmakers & litigators
Interpersonal sensitivity, empathy
Top corp litigators
Problem solving Top dealmakers
Adaptability Top corp litigators & dealmakers
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.”
INTRAPERSONAL INTERPERSONAL
Self awareness Self management Stress management Mood management Independence Assertiveness Optimism
Sensitivity Ability to “read” others Trusted advisor
PROBLEM SOLVING
Practical creativity
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
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
TRADITIONAL LEGAL SKILLS:
Legal analysisLegal argumentResearchWritingOral advocacyIRACDraftingMarshalling factsTrial skillsMultiple choice Substantive triageCase synthesisDistinguishing casesBriefing cases
SOFT SKILLS OF LAWYERS
A PROPOSAL FOR LEGAL EDUCATION REFORM
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
SELF OTHERS
AWARENESS
MANAGEMENT
Keirsey Thinking Preference (T) vs. Feeling Preference (F)
MOS (Moral Orientation Scale) Ethic of “Care” (C ) vs. “Justice/Rights” Orientation
(J)
THINKERS: value justice, rationality, truth, & objectivity; decisions don’t reflect own personal values; can be cold & calculating; good problem-solvers
FEELERS: value harmony, interpersonal rel’ps., praise & mercy; apply their own personal values to make decisions; seek to do what’s right for self & others; sensitive to the effect of decisions on others
81%
19%
60%
40%ThinkingFeeling
35%
65%
66%
34%
Lawyers - Male Lawyers - Female
Most Males Most Females
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)
RIGHTS: weighs conflicting rights & duties; seeks fairness, justice, & equality; maintains & applies rules, standards, & role oblig’ns. to arrive at clear, absolute answers
CARE: contextual; focuses on harm to people; seeks to avoid harm, maintain & restore rel’ps. & protect others from hurt; decides by assessing relative harm to & vulnerabilities of parties
Female Lawyers
Ethic of Care
Rights Orientation
Balanced
Male Lawyers
Ethic of Care
Rights Orientation
Balanced
33%
17%
50%
22%
35%
43%
Choosing a firm
Understanding others
Working with others in a team
Choosing clients
Understanding clients
In law school: as one’s 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
What are your “intrinsic values” – those aspects of practicing law that you’ll 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?
Birth Years: mid1970s – early 2000s (e.g. 1982-2001, acc. to H&S)
Books by Howe & Strauss: Generations: The History of America’s 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)
Lost Generation (1883–1900) Greatest Generation (1901–1924) Silent Generation (1925–1942) Baby Boomer (1943–1960) Generation X (1961–1981) Millennial Generation/Generation Y/Generation
Next or Net(1982–1998) Generation Z/New Silent Generation/Homeland
Generation (1999–2019)
G.I. Generation Hero (Civic) 1901–1924 World War I/Prohibition
Silent Generation Artist (Adaptive) 1925–1942 Great Depression/World War II
Millennial Saeculum (baby) Boom Generation Prophet (Idealist) 1943–1960 Superpower America
13th Generation(a.k.a Generation X)1
Nomad (Reactive) 1961–1981 Consciousness Revolution
Millennial Generation2
Hero (Civic) 1982–2003? Culture Wars
New Silent Generation 3
Artist (Adaptive) 2004?– present Millennial Crisis?
Generation Type Birth Years
Historical Time
Period
Greatest or GI Generation
Hero/Civic 1901-1924 WWI & Prohibition
High but Unraveling
Silent Generation
Artist/Adaptive 1925-1942 Great Depression & WWII
Crisis
Baby Boomers
Prophet/Idealist 1943-1960 Superpower America
High (peace & prosperity)
Generation X
Nomad/Reactive
1961-1981 Consciousness Revolution
Awakening
Millennials Hero/Civic 1982-2003 Culture Wars High but Unraveling
New Silent Generation
Artist/Adaptive 2001/2004 - present
Economic Crisis, …
Crisis
??? Prophet/Idealist ???? The New World Order?
High (peace & prosperity)Source: Howe & Strauss (1991)
“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:
97% of students owned a computer 94% owned a cell phone 92% of those reported multitasking while Iming 76% of students used instant messaging 56% owned a MP3 player 40% of students used television to get most of their news 34% used the Internet to get their news. 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). Now add: social networks: Facebook, Twitter, Linkedin, etc.
Facebook Twitter YouTube Online Learning Tools Email
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
College students were frequently in touch with their 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.
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
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
GENERATION XBORN 1965-197651 MILLION
MILLENNIALSBORN 1977-199875 MILLION
Accept diversityPragmatic/practicalSelf-reliant/individualisticReject rulesKiller lifeMistrust institutionsPCUse technologyMultitaskLatch-key kidsFriend-not family
Mentoring Do’s�· Casual, friendly workenvironment· Involvement· Flexibility and freedom· A place to learn
Celebrate diversityOptimistic/realisticSelf-inventive/individualisticRewrite the rulesKiller lifestyleIrrelevance of institutionsInternetAssume technologyMultitask fastNurturedFriends = family
Mentoring Do’s�· Structured, supportive workenvironment· Personalized work· Interactive relationship· Be prepared for demands, highexpectations
Source: The Learning Café and American Demographics enterprisingmuseum 2003.
Video
Gen We
Millennial Law Prof
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?”
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 you’re 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, don’t 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 what’s really going on Use technology and multimedia and multitasking to accomplish the above goals
Structured, supportive workenvironment
Interactive relationships
Immediate, direct feedback
Be prepared for demands, highexpectations
Collaborative, team learning
Personalized work Validate importance
of satisfaction, fulfillment
Work/life balance Embrace tech
literacy Avoid lecture;
involve/engage