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(Working Agenda)

Externships 10: 20/20 Vision for the Future

March 26-29, 2020

Hosted by

Syracuse University College of Law

Planning Committee:

Terry Turnipseed, Syracuse University College of Law, Chair Alex Scherr, University of Georgia Jodi Balsam, Brooklyn Law School Nancy Maurer, Albany Law School

Amy Sankaran, University of Michigan Law Carole Heyward, Cleveland Marshall College of Law

Anahid Gharakhanian, Southwestern Law School Bob Jones, Notre Dame Law School

Cecily Becker, Texas A&M University School of Law Esther Park, University of Washington School of Law

Avis Sanders, American University Washington College of Law

The Committee would like to thank Clinical Legal Education Association and AALS for their support of Externships 10

THURSDAY, MARCH 26

Registration Dineen Hall Atrium 5:30 p.m.–7:30 p.m. Welcome Reception Dineen Hall Atrium 6:00 p.m.–7:30 p.m.

Sponsored by BACE and SoCal Berkeley

Chapman UC Davis

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Hastings Loyola

Pepperdine Santa Clara

Southwestern UC Irvine

UC Los Angeles Western State University

FRIDAY, MARCH 27

Registration Dineen Hall Atrium 7:00 a.m.- 5:30 p.m. Wellness Event Yoga – Dineen Hall Room 130 7:00 a.m.–8:00 a.m. with Syracuse Professor Aliza Milner Breakfast Dineen Hall Atrium 8:00 a.m.–9:00 a.m. New Externship Clinicians Program Dineen Hall Room 350 8:45 a.m.–11:45 a.m. Welcome/Introductions 8:45 a.m.—8:55 a.m.

Jodi S. Balsam, Brooklyn Law School This program is designed for new members of the externship community and those taking on new responsibilities as an externship clinician, to introduce them to the externship community and to its history, pedagogy, and place in the larger world of legal education.

I. Nuts and Bolts 8:55 a.m.—9:45 a.m.

Avis L. Sanders, American University Washington College of Law

This session will provide an overview of externships terminology and the resources available to the externship community. It will also cover the ABA Standards relevant to externships and how these programs fit within the larger world of clinical education. We will examine some of the common elements related to the design and structure of externship programs including: eligibility criteria for placements and site supervisors; models for matching students and placements; development of the academic component; credit allocation; and more. The session concludes with an interactive exercise to provide an opportunity for participants to meet each other and strategize how to get the most out of the conference.

II. Teaching the Academic Component 9:50 a.m.—10:45 a.m.

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Robert L. Jones, University of Notre Dame Law School Nancy Maurer, Albany Law School

This session will explore the pedagogy of externships and the various approaches to satisfying the ABA requirement to “provide a classroom instructional component, regularly scheduled tutorials, or other means of ongoing, contemporaneous, faculty-guided reflection.” We will cover considerations for structuring the academic component of the program, and for developing the curriculum through “backward design”—a process that requires identifying learning goals (what to teach), classroom methods (how to teach it), and modes of assessment (how we know if our students are learning). We wrap up the session with an interactive exercise in which participants identify specific course or individual class goals and possible assignments, teaching methods, and assessments for achieving and measuring those goals. Participants should take away some concrete ideas, plans, and resources for designing their externship academic component.

III. Relationships with Field Supervisors 10:50 a.m.—11:45 a.m.

Jodi S. Balsam, Brooklyn Law School (moderator) Elizabeth M. Grant, University of Georgia School of Law Amanda Rivas, St. Mary’s University School of Law Anahid Gharakhanian, Southwestern Law School A panel of externship directors will discuss the special relationships among field supervisors, student externs, and externship faculty and staff. It will address how to comply with the ABA requirements that supervisors provide students with “a substantial lawyering experience and opportunities for performance, feedback and self-evaluation,” and that externship directors develop “a method for selecting, training, evaluating and communicating” with supervisors. We will discuss different approaches to establishing/approving placements, strategies for handling problem sites, and how to balance the demands of this relationship with all our other responsibilities on campus. The panel represents a range of law school settings, community sizes, and program structures.

Scholarship Workshop Dineen Hall Room 352 9:00 a.m.–11:30 a.m. Demystifying Scholarship with an Action Plan to Accomplish One Piece Each Year This Workshop is dedicated to all who want to write more but find the process daunting and time consuming. The workshop is divided into three parts: 1) Why Scholarship is Important; 2)

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Demystifying the Process and 3) Creating an Action Plan. The leaders of the workshop will first explain why we are at a critical moment in the clinical externship community and why your written voice is needed. Clinicians are able to see the intersection of legal issues with the practical aspect of lawyering. The second portion of the presentation will explain the writing process, how to create a scholarship agenda, and the timeframes for publishing. This portion will also address the much-needed tool of self-affirmation to bolster confidence and maintain momentum. Last, all participants will walk away with an action plan for the upcoming year. By using small group and reflective work, the session leaders will provide a step-by-step guide to set intentions and goals for one specific scholarship piece. All are welcome no matter what stage of the writing journey you are on. Rounds Dineen Hall Café 10:00 a.m. - 11:30 a.m.

When used as a teaching tool in clinics, “[r]ounds, … involves facilitated conversations in which students discuss their cases and projects and learn from the experiences of the group. Rounds conversations allow students to develop a broader understanding of lawyers’ work, to see commonality in their legal work, and to gain support from a group of colleagues.” Rounds: Constructing Learning from the Experience of Peers - By Susan Bryant and Elliott Milstein

While we commonly use Rounds in a clinical setting to assist our students to explore their lawyering challenges, we will use facilitated Rounds to discuss our own individual teaching/administration challenges in small groups.

Lunch Dineen Hall Atrium 11:45 a.m.–1:00 p.m.

Welcome & Opening Comments Dineen Hall Melanie Gray Ceremonial Courtroom 1:00 p.m.–1:15 p.m. Dean Craig M. Boise, Syracuse University College of Law Terry L. Turnipseed, Syracuse University College of Law Plenary One Dineen Hall Melanie Gray Ceremonial Courtroom 1:15 p.m.–2:30 p.m. 20/20 Vision for the Future

Terry L. Turnipseed, Syracuse University College of Law Leah Wortham, Columbus School of Law June Tai, University of Iowa College of Law

Law practice and legal education are evolving rapidly with the help of new technologies. Lawyers increasingly work remotely or in virtual law offices and use electronic tools that depart from traditional lawyering models. Law students are more geographically dispersed due to the growth in remote externships and hybrid/online J.D. programs.

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This plenary will explore such changes and identify the challenges they pose for externship programs. How can or should externship programs adapt? Break 2:30 p.m.–3:00 p.m.

Sponsored by Texas A&M Law School Concurrent Session One 3:00 p.m.–4:00 p.m. Dineen Hall Room tbd

Offering Externship Opportunities in a Blended Learning Program

Denise Roy, Mitchell Hamline School of Law Mitchell Hamline School of Law pioneered the first accredited blended learning J.D. program in the United States. Students in Mitchell Hamline’s blended learning program study law wherever they live—without leaving the comforts, jobs, and family stability of home. They also do legal externship work wherever they live. Since many live in communities far from any law school, their externship work promotes short-term, and eventual long-term, expansion of legal services in areas with severe lawyer shortages. Wherever they live, Mitchell Hamline students benefit from the real-world learning and networking opportunities that externships provide. Developing an externship program for far-flung students has been an interesting challenge and rewarding opportunity. Technology and teamwork play critical roles at all stages. This interactive session will explore the challenges and benefits of creating and operating an externship program for students living all over the country and even in some foreign countries. The session will allow participants to gather ideas for strengthening local externship programs as well as to gain inspiration and support for expanding externship placement sites to locations far from the law school. Dineen Hall Room tbd Did the ABA Make a Mistake When It Allowed Paid Externships – The Experience from the Field Peggy Maisel, Boston University School of Law

D’lorah Hughes, University of California at Irvine

In 2016 the ABA revised Standards 204 and 305 to allow paid externships for the first time. This decision came after opposition from the CLEA and other organizations that paid externships would take away from the pedagogical mission of externships and also decrease the number of law students enrolling in public interest experiences. The ABA House of Delegates, led by the young lawyers division, argued that paid externships should be allowed largely to offset the high costs of legal education and to open up opportunities at companies who were otherwise resistant to offering externships, particularly because of concerns with the Fair Labor Standards Act.

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In March 2018, the CLEA Externship Committee surveyed law schools on their experiences with paid externships and produced a detailed report. The report identified next steps for continued data-gathering including the amount of compensation and funding received by students and the effects (both positive and negative) of adopting policies relating to payment. This session seeks to continue the discussion of the impact of paid externships on a law school’s externship program and the student experience. We plan to build on CLEA’s 2018 survey by evaluating in more depth the issues that arise in implementing paid externship programs and the decisions not to implement such programs. We will seek to see if the debate has changed since 2016 and whether the ABA made a mistake in changing the Standards. We will explore with participants how we can better assess whether compensated externships are a good idea and the impact they are having, if any, on externship programs.

Dineen Hall Room tbd Promoting Inclusive Externship Environments: Strategies for Supporting Historically Marginalized Students in the Field Alexi Freeman, University of Denver Sturm College of Law Kelli Neptune, Howard University School of Law Legal education and the legal profession overall continue to be far less diverse and inclusive than they should be. We know that intentional, proactive measures are needed to ensure access and opportunity to students who identify as members of historically marginalized groups. As externship professors, and as professors of color, we, alongside our students, appreciate that many legal organizations seek to recruit such students to diversify their staff and include such valuable perspectives and expertise in their organizations. We know such outreach brings important opportunities. However, we also know that there is a risk of actual and/or perceived tokenism and that research demonstrates that increasing access is but one step; ensuring that the office is inclusive – that such students feel welcomed and valued in the office once recruited – is as important to avoid increased marginalization and to improve retention. Thus, this session will provide externship professors with insights and best practices for supporting historically marginalized students who complete externships. We will provide strategies to support the students as they navigate externship sites as well as guidance on teaching and advising site supervisors who recruit and/or work with historically marginalized students. We will do this by showing video testimonials from students, engaging the group in active reflection, and participating in role-plays. At the end, participants will depart with a handout of suggested strategies so they leave with tangible ideas and potential tools to share with students and supervisors alike.

Dineen Hall Room tbd Lawyering in a Global Society: Developing an International Externship Program

Mary Helen McNeal, Syracuse University College of Law Sue Schechter, U.C. Berkeley School of Law

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June Tai, University of Iowa College of Law Regardless of practice area and jurisdiction, lawyers in the future will confront a rapidly changing and globalized world. International externships prepare students for the realities of legal practice by providing opportunities to develop intercultural competence, witness different legal systems, and confront the professional identity of the attorney. But how do we bring these opportunities to our students? Join us for a discussion of international externship program models – large and small – and how we have designed our programs to meet our pedagogical goals. Each panelist has different approaches to site selection, supervisor selection, matching students with placements (if applicable), pedagogical goals, and curriculum design. Following a brief presentation, we will break into small groups to design an “ideal” program model. This session is ideal for anyone that has a full-time semester-away externship program – whether it is international or not – or is just thinking about whether to develop one. Attendees will come away from this session with:

-exposure to a variety of international program models and their strengths and challenges; -suggestions for aligning program models with pedagogical goals; -new ideas for developing relationships with mentors and others in the site location; -new perspectives on externship faculty roles in facilitating international placements; and -brainstorming ways to adapt your existing model to improve outcomes and student experiences more generally.

Break Dineen Hall Atrium 4:00 p.m.–4:30 p.m. Sponsored by Syracuse University Law in London Externships Program Concurrent Session Two 4:30 p.m.–5:30 p.m. Dineen Hall Room tbd The Unique Joys and Challenges of Running a Reliable, Compelling, and Successful Corporate Counsel Externship Program: Best Practices for Field Placements & Courses

Nadiyah Humber, Roger Williams University School of Law Cecily Banks, Boston University School of Law

Externship programs designed around transactional and business law placements don’t fit neatly into the traditional externship pedagogy; they present unique structural and teaching issues for directors, field supervisors and students. Students are working within a single, internal corporate client, and counsel serve both as trusted legal advisors and strategic business partners to the client, all while employed by the client. Corporate counsel externships are relatively new on the clinical scene due to the rapidly expanding

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marketplace opportunities for training and employment within legal departments and business units. There are limited resources out there for directors running programs, courses, and outcomes in this corporate client sector. Also, these placements can have a huge role in our professional identity and skills preparation of law students.

The great majority of our graduates will handle transactions and contracts for all types of clients and to meet all types of legal need for the served and underserved; they will represent or encounter entity clients on increasingly complex, global problems; and they will need a reasonable understanding of business and risk management. These placements provide essential generalist training needed to prepare the modern, global, multi-disciplined lawyer. Furthermore, these companies select externs based on fit and drive to learn over grades and ranking, a huge relief to students. Companies are also progressive on inclusion and progressive workplace policies, also a huge relief to students. In this session, we will spotlight the unique challenges in designing and running corporate counsel externships. We will work together on how to identify the best placements and supervisors, how to prepare and support supervisors for training, how to prepare students for business settings, and how to design a compelling, reflective seminar around the placements’ dynamic. We envision this session as a chance to engage and learn from each other to understand a full range of issues in these distinct programs. Dineen Hall Room tbd Externships Success and the Contributing Factors – Time for an Empirical View

Carolyn Larmore, Chapman University Dale E. Fowler School of Law Anahid Gharakhanian, Southwestern Law School Elizabeth Anderson, Embraced Wisdom Resource Group Chelsea Parlett-Pelleriti, Chapman University Schmid College of Science and Technology

Externships are booming and students tell us that they love their fieldwork! Given the prominence of externships in legal education and their significance to transitioning to practice, we were curious to empirically probe into a couple of questions critical to externship program/course design and our students’ experiences: are our externs successful in their externships, and what factors contribute to that success? We’ll share our preliminary findings based on hundreds of surveys gathered from externs and supervisors, over the course of spring, summer, and fall 2019, from four participating law schools – Chapman, Southwestern, UCI, and UCLA. Our presentation will also provide an overview of the study design and the data analysis by the experts who were part of our study team.

Our first inquiry of whether externs are successful in their externships used the IAALS (Institute of Advancing the American Legal System) Foundation for Practice study, which gives us enormously helpful data about foundations that first-year attorneys need. And our second inquiry of what factors most contribute to that success of practice-readiness as a first-year attorney looked at three categories of input – the students’ background and interest level; the school’s program/course design and teaching; and the quality of the placement and the

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supervision. Importantly, we explored these questions through a methodology that we think should be playing a bigger role in our assessment of legal education and what works – empirical research!

Takeaways from our presentation will be our research findings as well as an overview of empirical research design, including collaboration with experts.

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Smarketing Externships: Gathering Data, Measuring Impacts, and Communicating Results

Elizabeth Grant, University of Georgia School of Law Kendall Kerew, Georgia State University College of Law Alex Scherr, University of Georgia School of Law Kelly Terry, University of Arkansas Little Rock William H. Bowen School of Law

This is not a typo. This session will start with the business concept of “smarketing” (a blend of sales and marketing) to explore the opportunities and challenges of explaining the impact of externship teaching. We will discuss how to gather data, identify audiences, and collaborate with students and site supervisors to create materials that convey the power and potential of our work. This panel will discuss how externship faculty can measure the impact of externships and how to frame that data for different potential audiences. The panel will consider sources of data that include hours worked, tasks completed, student assessments, supervisor evaluations, and cases or projects handled. The panel will address more formal assessment tools, as well as the value of reflective writing and other evidence of student development that is often gathered informally. For all these sources, the panel will assess the scope of the task involved in gathering and assessing this data, including the challenge of collaborating with outside law practices. The panel also will identify the various audiences that could be addressed. These include audiences within the law school such as students, other faculty, administration, development, public relations, and alumni affairs. The audiences also include those outside the law school, such as prospective students, donors, new site supervisors, employers, accreditors, and the like. The panel will develop the argument that different audiences will benefit from different data and thus different stories about an externship course, a fact which in turn influences the nature and kind of data an externship teacher might collect. Presenters include new, mid-career, and long-standing externship teachers, as well as an experiential dean. The discussion is suited for externship teachers at any career point in any size program.

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Third Year Launch Into Practice: Externships and Online Learning - A partnership opening doors far beyond the campus and the reflective component

Beth Locker, Vermont Law School Jeannette Eicks, Vermont Law School

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At Vermont Law School (VLS) we know the future is already here…or anywhere our students want to be. VLS faculty will share the ways we combine online learning with the externship and practicum programs to reinvent the law school learning experience. The VLS online program was originally developed to offer a master’s degree in environmental law and policy, but has since evolved to meet the needs of modern JD students by enabling students to tailor their entire third year to their preferred learning location and experience. Vermont Law School offers bar courses, electives, and experiential learning in an online format to provide a Third Year Launch Into Practice. We will discuss VLS’s evolution through experiential and online learning. What began as an effort to meet student demand for flexibility has created opportunities for improved learning in both residential and online settings. One presenter directs the VLS JD Externship Program. The other teaches evidence online and runs the Vermont Law School Entrepreneurship and Legal Lab (VSELL) – a program that focuses on start-up law and innovative practice concepts through the perspective that legal services and triple bottom line companies are vehicles of environmental and social change. We’ll discuss the multifaceted approach needed to meet the goals of student flexibility and strong educational outcomes. We will cover the technology used to teach our courses effectively and address the administrative, learning, and community implications for the campus when students are spread across the country. The audience will participate through instant interactive surveys and a question and answer session at the end of the panel presentation. Group Dinners 7:00 p.m.

SATURDAY, MARCH 28 Wellness Event Rock Climbing at the Barnes Center 7:00 a.m.–8:00 a.m. Breakfast Dineen Hall Atrium 8:00 a.m.–9:00 a.m. Concurrent Session Three 9:00 a.m.–10:00 a.m. Dineen Hall Room tbd The Dance: Exploring the harmony and dissonance in the carefully choreographed structure of pro bono and externship programs at the juncture of shared hours

Christine E. Cerniglia, Stetson College of Law Liz Ryan Cole, Vermont Law School Angie M. Doss, University of Arkansas Law School

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This presentation emerges from a listserv thread asking a question on whether law schools permit students to apply hours above the minimum field placement obligation to the student's pro bono account/pledge. The responses collected seem to suggest that by allowing excess externship hours to apply to pro bono service, we may compromise the value of each respective program. This presentation seeks to explore the intersection between the two offerings - externships and pro bono. Pro bono programs and many externships have goals of developing student commitment to public service, teaching social justice, and fostering students’ value and professional identity. The presenters will explain the ABA requirements and the inherent nature in how each program overlaps in hours and in mission and how this allows us to build and message in a coherent manner. The presenters will engage audience members to address the fundamental question, how pro bono and externship programs can work harmoniously together and in what structure or context. The group will present a vision for the future in how to best structure pro bono and externship programs to lift and elevate each role in the academic mission.

Dineen Hall Room tbd Using Technology in Remote Externships: Online Learning Without Losing the Person

Nicole Killoran, Vermont Law School Matthew Bernstein, Vermont Law School

Vermont Law School’s Semester in Practice (SiP) course has long been a mainstay for our JD students. Due to the limited availability of placements within driving distance of the school, the vast majority of our externship students are in “remote placements” across the country. Because our students are mostly remote, we conduct all of our courses online. Though you might expect with entirely online courses that the human and personal element of traditional classroom teaching would be lost, in our Program we have found the opposite to be true. Through a combination of student‐led learning, in‐person meetings and site visits, and videoconference classes, we successfully utilize technology to teach our externship students, without losing the “person” in the cloud. In this session, two faculty members of Vermont Law School’s JD Externship Program will share the methods and tools we employ to keep our students engaged with coursework while in remote placements. We will discuss maintaining a physical connection between campus and the placement site through site visits, allowing students to determine topics to develop in their reflections, and encouraging students to develop themselves professionally in a way that fits their own unique goals and ongoing experiences in their specific practice community. We will touch on the elements of our online courses and our intensive one‐on‐one colloquy with students that allow us to support our students from afar and tailor our advice to enhance their personal professional development. We will ask session participants to engage in active small group discussions about various topics related to remote externships and online teaching, with an eye toward maintaining a personal connection with students and their placement sites.

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Externships from the Administrator’s Perspective: Giving Voice to the Administrators Running Your Externship Programs

Mitzie Vitela, Southwestern Law School Lucia Rodriguez, Southwestern Law School

Though often perceived as assistants, Externship Program Administrators play a crucial role in running their Externship Programs. In this presentation, Program Administrators will give their perspective on running a complex Externship Program and invite fellow administrators to share their experience. The session is meant to be informative and empowering for administrators as well as educational for externship faculty. Administrators may not hold a juris doctorate degree or have a teaching title, but most play a critical role in law students’ education and professional development -- being on the front lines of our programs, counseling students, modeling professionalism, and managing an ever-evolving Externship Program. Our presentation will include a brief overview of who we are, what we do, and why our voice matters – inviting input from participants. Participants will break out into groups to identify challenges they face as administrators and come up with solutions together that will hopefully help benefit us in our professional roles as well as benefit our Externship Programs.

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To Be or Not to Be: Making the Case for Allowing Paid Externships at Your Law School Ray English, Sandra Day O’Connor College of Law at Arizona State University

Veronica Chacon, Sandra Day O’Connor College of Law at Arizona State University Lindsay Hesketh, Sherman & Howard LLC

In 2016, the ABA eliminated the longstanding ban on law students earning an hourly wage and receiving academic credit for externships, despite significant opposition by The Clinical Legal Education Association and the Society of American Law Teachers. The policy gave individual law schools the ability to update their externship programs to include paid externships at their discretion; however, few schools have embraced the change. ASU Law has been at the forefront of this developing advancement in the externship program, and has seen significant success as a result. Multiple articles, by both attorneys and academics, have stated that experiential learning and practical skills in all practice areas are the future of law school. The ABA agrees; the recent mandate of six experiential credit hours, coupled with the addition of paid externships to graduate reflects a growing movement to ensure that new lawyers enter the workplace needing substantially less on-the-job training. Has your law school embraced paid externships? If not, why not? Participate in this workshop and learn how embracing paid externships can benefit your students.

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ASU Law, in addition to its general program allowing paid externships, has created a year-long paid residency program for third-year law students at law firms in the community. The program is in its third year, and the employment results have been astounding. Program participants from the Class of 2018 had 100% employment within 10 months of graduation, with over half of participants remaining with the firms of their externship. ASU Law has also begun to extend this residency program to other states as well as internationally. This workshop will make the case for permitting paid externships by providing methods for safeguarding the educational mission of externships and demonstrating how these types of externships can enrich the educational experience, and expand future employment opportunities and outlooks for students. Break Dineen Hall Atrium 10:00 a.m.–10:30 a.m. Plenary Two 10:30 a.m.–11:45 a.m. Dineen Hall Melanie Gray Ceremonial Courtroom The 2019-2020 CSALE Survey: Initial Results and Implications for Externships

Bob Kuehn, Washington University in St. Louis, School of Law Meg Reuter, University of Missouri-Kansas City School of Law

The Center for the Study of Applied Legal Education (CSALE) was founded in 2006 on the premise that significant teaching was underway on the experiential side of the legal education and few educators understood its magnitude, commonalities, and variations. A group set out to survey every single law school to discover that important information. Every three years since, CSALE has conducted the survey. The 2019-20 CSALE Survey, which is underway at present, is the fifth. No other entity has as much information about our community, and certainly no other organization has the kind of historical data that CSALE has. The CSALE “Master” survey collected school-wide programmatic information from 94% of the ABA-accredited law school. The second part, the “Sub-Survey,” focuses on course- and instructor-specific information. It was released in January and will remain open until May. We expect to have early returns from this part too. The last substantial revision to ABA’s accreditation standards made significant changes in the experiential curriculum. Those amendments are now fully operational and accreditation site visit teams have been applying them for the last couple of years. This 2019-20 survey will show how law schools have settled into the new regime.

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Compared to prior surveys, the 2019-20 survey significantly refined and expanded the questions to plum externship programs, seeking information on the responsibilities of the externship directors and others who help run the courses, additional responsibilities the externship directors carry, information on hybrid clinics/group externships, details on the methods of reflection that schools use, recruitment methods for directors and instructors, and better information on employment/faculty status. We will share this new data, weave it with empirical data from other sources, and provide historical context. Understanding our past, and understanding the context in which we teach, will provide us 20/20 Vision for the Future.

Lunch, Award and Town Hall Dineen Hall Atrium 12:00 p.m.–1:30 p.m. Presentation of the first Externships Achievement Award This award honors individuals, groups, or institutions for outstanding contributions to externship pedagogy and the externship community. The inaugural award will be granted jointly to Leah Wortham and J.P. (Sandy) Ogilvy. Surviving and Thriving During the ABA Accreditation Process: Just How Are We Doing with Standard 304?

Carolyn Wilkes Kaas, Quinnipiac University School of Law Eden Harrington, University of Texas School of Law Daniel Schaffzin, University of Memphis Cecil C. Humphrey School of Law

The CLEA Externship Committee will present the results of its survey concerning the experience of law schools with the ABA accreditation process following the substantial revision of ABA Standard 304 in 2015 and 2016. The presenters will share advice from schools that have recently hosted ABA site inspection teams and will engage the audience in brainstorming about how to take advantage of the accreditation process. Affinity Groups Dineen Rooms tbd 1:30 p.m.–2:30 p.m. Break Dineen Hall Atrium 2:30 p.m.-2:45 p.m. Concurrent Session Four 2:45 p.m.–3:45 p.m. Dineen Hall Room tbd To Infinity and Beyond: Expanding the Externship Clinician’s Academic Portfolio

Jodi S. Balsam, Brooklyn Law School Barbara Gotthelf, Rutgers Law School

Jennifer Kinsley, Northern Kentucky University Chase College of Law Jennifer Mailly, University of Connecticut School of Law

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Consumed by teaching and managing the multi-faceted enterprise known as the Externship Program, busy externship clinicians can lose touch with their passion for the law that brought them to academia. Many externship clinicians come to the position from a varied and vibrant professional career, and have much to contribute to the law school community beyond the important work they do guiding students in their transition to practice. Thus, the externship clinicians on this panel have reinvigorated their identities as scholars and intellectuals by teaching and/or writing in areas beyond their responsibilities directing the externship program, including Civil Procedure, Legal Writing, Interviewing, Counseling and Negotiation, Appellate Advocacy, Constitutional Law, Criminal Law, First Amendment Law, and Sports Law. The session will explore how this dimension of their campus role both fulfills individual aspirations and benefits the students and institution by breaking down hierarchies, advancing experiential pedagogy, and legitimizing the practitioner’s role in both the scholarly and teaching mission of the academy. The panelists will describe their paths to expanding their academic portfolio, including the strategies and supporters they relied on to break down silos and overcome obstacles. Through an interactive exercise, the audience will engage in self-assessment and brainstorming designed to identify ways in which they might build on their externship program and prior law practice credentials to participate more broadly in the intellectual life of the law school. While this conversation will necessarily touch on externship clinician status, it will focus on developing a personal and practical approach to pursuing intellectual goals within the context of one’s institutional setting. Participants will leave the session with a game plan for expanding their academic footprint.

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Private Placements: The Final Frontier? Sande Buhai, Loyola Law School – Los Angeles

Grace (Nguyen) Parrish, Loyola Law School – Los Angeles Private placements with law firms and corporate counsel are still the least common available placements. This presentation will look at three issues within the private placement frame. First, we will examine some of the pros and cons about allowing private placements and the issue of pay for work. Second, we will discuss remote externships and the use of technology. Finally, we will consider the private placement as an educational experience that can lead to employment opportunities. The first discussion will look at the general issue of whether this type of placement provides a beneficial experience for students. Private placements have been traditionally

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disfavored because of concerns about appropriate supervision, type of work and the wish to have law students contribute to the public good. The second discussion will focus on the future of lawyering and learning in the private sector. Many private lawyers now work only sporadically at a brick and mortar office. How can we ensure our students get good work and supervision? And what are the challenges that exist in vetting private placements? The panelists will provide a demonstration of a zoom call and a checklist for participants to discuss, revise and take with them to use for their own programs. Finally, the group will be asked to face head on the issue of whether assisting with future employment is an appropriate goal for an externship. If so, then private placements must be considered.

Dineen Hall Room tbd Preventing, Diagnosing, and Treating Field Supervision Challenges in Externships Suzanne Harrington-Steppen, Roger Williams University School of Law

Patricia Gould, Boston College Law School Christina Miller, Suffolk University Law School

This highly interactive session will explore new ways externship directors and faculty can work with students and field supervisors to prevent, diagnose, and treat common challenges in getting and giving high-quality supervision. Field supervision is an essential component to clinical externships. In an ideal world, law students would only be placed with field supervisors who understand and appreciate their roles as teachers and who are trained in supervision best practices. However, the reality is that field placement supervision varies greatly from placement to placement and oftentimes externship faculty feel unsure how to monitor and intervene in this aspect of the fieldwork experience. Presenters will use video clips of externship students describing common supervision challenges. Participants will then generate new ideas and share best practices based on the scenarios. Workshop participants will leave this session with a list of new ideas and access to video clips that they can use with their students.

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Meeting the Needs of All Students: Disability Accommodations in Externship Seminars and Field Placements

Kate Devlin, Boston University School of Law Cecily Banks, Boston University School of Law Allan Motenko, Massachusetts Department of Revenue This session will offer the current state of the law, best practices for reasonable accommodations in placements and courses, tips for engaging relevant university

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administrators, and the opportunity to discuss experiences on these complexities. Participants will be invited to help us all spot the deeper issues and share what you are doing to ensure the needs of students with disabilities are being met. Break Dineen Hall Atrium 3:45 p.m.-4:00 p.m. Works in Progress Dineen Hall Rooms tbd 4:00 p.m.–5:00 p.m. Group 1: Denise Platfoot Lacey and Megan Bess All Roads Lead to Rome: An Online Approach to Fostering Professional Identity with Faculty-Guided Reflection in an Externship Course

Denise Platfoot Lacey, University of Dayton School of Law

It is well established that field placements are particularly suited to help students develop professional identity because exploration of professional identity often occurs through deliberate reflection, a key feature of experiential learning. Indeed, ABA Standard 304 governing experiential courses in a program of legal education specifically requires experiential courses to provide opportunities for student self-evaluation.

This self-evaluation is often designed as one facet of the externship course’s instructional component, also required by the ABA. Externship courses are permitted to provide the instructional component through a classroom component, regularly scheduled tutorials, or other means of ongoing, contemporaneous, faculty-guided reflection.

But do all roads really lead to Rome? In the externship community, there are differing ideas on whether it is best to teach the field placement instructional component through in-person classes or online faculty-guided reflection or yet some other method.

This article posits that teaching the instructional component of an externship course through online faculty-guided reflection can be as effective as teaching face-to-face classes, particularly when the learning outcomes of the course are aimed at formation of professional identity. Grit and Growth Mindset in Legal Education Megan Bess, John Marshall Law School In this piece, I explore the feasibility of using grit and growth mindset as a tool for law students to develop characteristics and competencies identified as vital by legal employers. Research increasingly reveals the need for law students and new lawyers to possess a broad range of professional skills and competencies. Grit and growth mindset are critical components to developing this broader skill set. The paper concludes that grit and growth mindset can be fostered across a law school curriculum and offers suggestions at the institutional and individual course level to do so.

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Group 2: Kristen Uhl Hulse and Spring Miller Building “Practice-Readiness” through Law Firm Externships

Kristen Uhl Hulse, Sturm College of Law This article will explore benefits of exposing students to private practice under the dual-supervision legal externship model. While law firms offer entry-level opportunities that some externship settings do not (and approximately half of law school graduates nationwide start practicing in law firms), most law schools still do not permit law firm externships. As clinicians who prepare students for practice, are we missing an opportunity to help students navigate the unique dynamics and demands of lawyering in the setting in which many plan to launch their legal careers? To set the stage for why now is a good time to consider law firm externships, I will describe the evolving nature of law firm learning and practice -- why law firms are transforming how they structure, deliver, and charge for legal services, and what this means for on-the-job training and expectations of junior lawyer performance. Alongside this exploration of how current market realities are shaping the next generation of private sector lawyers, I will identify how reflective prompts accompanying law firm exposure can help students discern whether private practice is even the right fit for them. Ultimately, I will discuss how “21st Century Lawyer” models and the IAALS Foundations for Practice provide a framework for students to build, through supervised legal work, the skills, competencies, and behavioral traits that will accelerate their professional development in the law firm setting. The Promise of the Generalist Externship Seminar Spring Miller, Vanderbilt This article contends that the generalist externship seminar holds significant promise as a vehicle for addressing a glaring gap in most law school’s curricula: the absence of meaningful classroom opportunities for students to study and examine critically the institutions and organization of the legal profession. It also presents an argument that all externship classroom components, including practice setting-specific ones, offer rich opportunities to fulfill what Professor David Wilkins refers to as law schools’ largely unmet obligation to teach about the profession. (David B. Wilkins, The Professional Responsibility of Professional Schools to Study and Teach About the Profession, 49 J. LEGAL EDUC. 76, 77 (1999)). Group 3: Rebecca Robichaud, Melissa Deehring and Christine Cerniglia Immigration: A Cybersecurity Disaster in the Making Rebecca Robichaud, Wayne State

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Cybersecurity professionals agree on one thing- there is no absolute security of information that is being transmitted, collected and stored. The way to ensure protection of private information is not to collect it. Next best is not to store such data. In the U.S. immigration system, when a person applies for an immigration benefit (a visa, refugee status, etc.) detailed information about that non-citizens life is provided as part of the process. Non-citizens are in a different situation in terms of Constitutional protections. But what happens when someone becomes a U.S. Citizen? Does the information provided become subject to stronger legal privacy concerns? And from the perspective of native born citizens, how is the storing of extensive personal data of noncitizens impacting security? As cybersecurity concerns grow it is time to evaluate how U.S. immigration systems contribute to these issues. In 2002 Congress passed the cybersecurity Research and Development Act to fund research on cybersecurity at the National Science Foundation (NSF) and the National Institute of Standards and Technology (NIST). Prior to passage of the law, the House Committee on Science stated that the U.S. is “extraordinarily vulnerable to cyberattacks by terrorists because more and more critical aspects of daily life rely on computer systems and networks.” Some fifteen years later, the U.S. continues to grapple with the evolution of cybersecurity. The news carries almost daily stories about the vulnerability of the U.S. election system to attack. Yet a key area that should be receiving more attention is the collection and security of information of noncitizens applying for immigration benefits. Women, Peace and Security Agenda Melissa Deehring, Qatar An abstract regarding why Externship courses would be the perfect vehicle to introduce law students to the Women, Peace and Security Agenda. I planned to argue that it would advance global policy on WPS if legal externship faculty helped students understand how their externship placements and future legal careers factored into national and international security. I wanted to outline the WPS Agenda and highlight specific areas of concern where the legal community is uniquely situated to help. I wanted to argue that law schools and law students need to step out of the single-discipline academic silo of law and lawyering to understand how their communities factor into larger global problems. I found an old article (Linda H. Morton, Creating a Classroom Component for Field Placement Programs: Enhancing Clinical Goals With Feminist Pedagogy, 45 ME. L. REV. 19 (1993)). This is along the lines of what I am thinking except mine has a more national/international security tilt. Vulnerable Populations and Preparedness Legislation

Chrissy Cerniglia, Stetson College of Law In the wake of a natural disaster there are some populations which are already vulnerable in our society who will feel the effects post-disaster harder than others with more privilege. This article seeks to explore the vulnerability of each population such as the elderly, those

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with disabilities, those without citizen status, the financially fragile, those with mental health conditions and domestic abuse survivors. The article will explore "preparedness" as a legislative initiative to frame how to creatively assist our most vulnerable. The article will provide specific examples of disaster preparedness legislation to highlight how some jurisdictions have addressed issues before a disaster strikes. The article will further explore how law school clinics may help to create and lobby for legislative changes to assist with long-term policy goals. Reception Everson Museum of Art 5:30pm

Sponsored by New York Area Consortium of Externships: Albany College of Law

Brooklyn Law Cardozo

Columbia School of Law CUNY

Fordham Hoftsra University NYU Law School Pace University

St. John’s Touro College

SUNDAY MARCH 29

Breakfast Dineen Hall Atrium 8:00 a.m.–9:00 a.m. Concurrent Session Five 9:00 a.m.–10:00 a.m. Dineen Hall tbd Virtual Placements, Virtual Practice: Designing Twenty-First Century Externships Dena Bauman, University of California Davis School of Law

Gillian Dutton, Seattle University School of Law Kendall Kerew, Georgia State University College of Law Amy Sankaran, University of Michigan School of Law

As technology is integrated into legal services practice and delivery, law schools are innovating curricula and programs to best prepare students for their future careers. As a bridge between law school and law practice, externship programs are on the front lines of these changes. Traditionally, externship faculty require students to be present in an office in order to observe and experience the workplace environment and culture, and take advantage of impromptu conversations, meetings, and other opportunities that can happen only while in the office. Externship pedagogy presumes

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this model. Many schools and externship programs have innovated by implementing on-line classes in which the student is physically separate from the faculty member (traditional remote placement). Still, others have experimented with placements in which the student is physically separate from the site or supervisor (virtual remote placement). As the workplace itself evolves with AI software, conferencing platforms, telecommuting, flextime, and virtual offices, more students and placements are seeking approval of virtual placements. Commuting costs, the desire to experience a niche practice area, and a school’s location also explain the increased interest. Our presentation will begin with a discussion about why and if a school should approve both remote placement models, using a template that we created in anticipation of the conference with the input from faculty through a brief survey. We will share the survey results with the goal of creating an ongoing dialogue. Attendees will review, discuss, and revise the template for implementation at their home schools. Our discussion will include how to identify stakeholders, how to address the relevant ABA standards, and how externship faculty can select, train, evaluate, and communicate with site supervisors. We will engage the audience in a “zoom meeting” with both a student and attorney experienced with virtual law office practice and discuss the issues that arise.

Dineen Hall Room tbd

Externships United – Forming Alliances for Future Excellence

Denise Platfoot Lacey, University of Dayton School of Law Christine H. Szydlowski, University of Cincinnati College of Law

In 2019, all nine law schools in Ohio (Univ. of Akron, Capital, Case Western, Cleveland Marshall, Univ. of Cincinnati, Univ. of Dayton, Ohio Northern, Ohio State, and Univ. of Toledo), as well as the Northern Kentucky University College of Law, united to create the first Midwest externships collaborative – the Ohio Legal Externships Alliance (OLEA). OLEA has a similar mission to other externship consortiums, which is to allow externship faculty and staff in a geographical region to collaborate to create shared legal externship standards, provide joint field supervisor trainings and cross-institutional support, and share ideas and information. By creating this alliance, OLEA aims to strengthen the Ohio externship community, engage in best practices for student learning across the state, and ensure that the future of externships remains relevant, vibrant, and valuable. Both presenters were involved in founding OLEA. This presentation will focus on the development and progression of OLEA, lessons learned since OLEA’s founding, and anticipated next steps in its development. Session participants will be asked to engage in group discussions to consider the benefits and challenges of forming a multi-school regional consortium at their respective schools and create an action plan of next steps for doing so. The goal of the presentation is to offer one model of a multi-school alliance and to encourage other externship faculty and staff to collaborate so that they can return to their institutions with energy and tools to begin new or improve existing collaborations.

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As a result of the presentation, session participants will: a. Identify the benefits of forming a multi-school alliance in their state/region. b. Identify the potential goals/mission of creating an alliance. c. Identify the challenges in forming an alliance, as well as possible solutions to those issues. d. Create an action plan of next steps to forming a multi-school state/regional alliance. Professional Identity Development – Not for Our Students Alone

Laurie Barron, Roger Williams University School of Law Susan Brooks, Drexel University Kline School of Law

Inga Laurent, Gonzaga University School of Law Thiadora Pina, Santa Clara University School of Law

Sue Schechter, U.C. Berkeley School of Law As externship faculty, we teach our students about Professional Identity Development and encourage them to explore their identity in depth. Yet at the same time, as educators, professionals, and former or current practicing lawyers, we are often still struggling to develop, refine, or reshape our own personal and professional identities. We believe that working on our own professional identities better informs our teaching around these concepts and enables us to authentically model this type of personal exploration for our students. In this session, we will describe teaching methodologies for Professional Identity Formation; discuss our own journeys towards finding our voices, teaching authentically, and finding our own identities in the academy; identify synergies and tensions of teaching students to do something that we are still working on ourselves; and determine how to assess whether our teaching of Professional Identity Formation is working. This session will explore the role values, authenticity, reflection, relationship-building, and wellness play in helping our students achieve balance and satisfaction in the legal profession as they strive to become, and we strive to teach, the “Whole Lawyer.” This session will be interactive and involve a variety of teaching methods. Each of our approaches vary and are grounded pedagogically in a number of approaches including: adult learning theory, the main studies around professional identity formation, the empirical data supporting the intersection of positive psychology and professional identity formation, relational lawyering, and self-directed learning theory, including autonomy support. Participants will leave the session equipped with ideas about the integration of their own professional identity with the teaching of professional identity to their students.

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Participants will leave with new teaching ideas, readings, videos, and other theoretical materials to inform their teaching. Break Dineen Hall Atrium 10:00 a.m.-10:15 a.m. Plenary Three and Farewell Dineen Hall Melanie Gray Ceremonial Courtroom 10:15 a.m.– 11:45 p.m. Foundations for Practice

Courtney Q. Brooks, University of New Hampshire Franklin Pierce School of Law Zachariah J. DeMeola, Institute for the Advancement of the American Legal System Kristen Uhl Hulse, Sturm College of Law

This interactive session will begin with a presentation on phase 2 of the Institute for the Advancement of the American Legal System’s (“IAALS’s”) “Foundations for Practice” project and a summary of next steps. Externship faculty from the University of New Hampshire Franklin Pierce School of Law and the University of Denver Sturm College of Law will discuss how they have incorporated the Foundations in their externship teaching and will share the results of a pre-conference survey aimed at identifying ways other community members are using the Foundations. The remainder of the session will be devoted to active learning by drawing upon the collective experience and ideas of our attendees through small group breakouts, the focus of which will be to, for example: (1) brainstorm ways in which the group members could organize an entire curriculum, seminar, single class, or exercise around the Foundations; (2) troubleshoot common challenges in teaching and/or advocating for incorporating the Foundations into the legal curriculum (also identified through a pre-conference survey); and (3) develop methods for marketing the Foundations to administrators and faculty within law schools. We will devote the last segment of our time together to reporting back key points from each small group discussion.