A Winning Approach to Negotiations: Self-Awareness, Flexibility, and Practice

lee-headshot-2-1Guest post by Katrina June Lee, Associate Clinical Professor, The Ohio State University Moritz College of Law

On September 21, the Moritz College of Law hosted the incomparable Marya Cody Kolman as its 2016 Lawrence Lecturer, named in honor of lawyer and law school educator James K. L. Lawrence (Moritz ‘65).

A Yale Law grad, Kolman is a long-time adjunct professor of negotiations and coach for The Ohio State University’s ABA mediation advocacy team. For more than 30 years, Kolman has helped train OSU law students to be, in her words, “high-quality ethical representatives.” Kolman’s full-time day job, since 1999, is Director of Mediation Services at Franklin County Domestic Relations Court in Columbus, Ohio.

In giving this year’s Lawrence Lecture, Kolman drew from her deep negotiations experience. The Lecture took place in the law school’s large auditorium and was attended by students, professors, and practitioners.

Kolman’s main theme for aspiring effective negotiators could be summed up as follows: reflect on and identify your own negotiating tendencies, build into your repertoire styles that do not come naturally to you, and practice so that you can adapt to any type of negotiating situation.

She started the lecture with a very telling story that revealed her main theme.  Over the years, as a coach for OSU’s ABA mediation advocacy student team, Kolman noticed that OSU’s team regularly beat teams that had practiced for months and months (sometimes years). Yes, OSU law students were (in Kolman’s words) “simply amazing” and benefited from education in an outstanding law school dispute resolution program. Still, Kolman wondered if there was something about their competition preparation that made OSU law students especially effective.

A winning approach

After some reflection and investigation, Kolman discovered that the OSU teams benefited from not being scripted and not being coached to follow a fixed protocol. Kolman learned that some law schools tried to script the roles for their students or require that they negotiate in a certain way. This approach to preparation differed significantly from Kolman’s approach.

Kolman described the OSU team approach, which emphasized self-awareness and flexibility. Coaches first watched the students and observed their negotiation styles. The coaches noted the students’ strengths and challenges as negotiators. They then helped the students build on their own style and be more effective negotiators using existing strengths. This approach proved to be much more effective than giving students a script or a fixed protocol on how to negotiate.

OSU team coaches had identified a winning approach. The approach focused on developing self-awareness about students’ “natural” negotiation styles and tendencies, and helping students build on their strengths and develop the ability to use other styles when situations called for them.

Raw talent is not enough. Be prepared.

Kolman emphasized that “raw talent” is not enough to be a successful negotiator. Lawyers need to learn about different styles and skills and practice them. Only through that exploration and practice can a lawyer learn what works best for him or her. Kolman coached the audience: Develop strengths and expand on them. Avoid “forcing yourself into a style that does not work for you.”

Even though everyone has negotiated before law school, whether at the grocery store or with family members at home, Kolman cautioned, lawyers should not enter negotiations without training, forethought, and preparation. As I tell my negotiations students, preparation is key.

When Kolman practiced law as a domestic relations attorney, she negotiated with opposing counsel on a daily basis, with 95 percent of cases settling before trial. Most opposing counsel were well-prepared, but some were not. Those who were not would come into the negotiation and start flipping through their files trying to figure out what was going on in the case. Not surprisingly, in those instances, Kolman was usually able to negotiate a very favorable settlement for her client.

Steps to effective negotiating

Kolman offered these steps for any law student or lawyer to become a better negotiator:

Analyze your personal negotiation style and preferences.

One place to start is the Thomas-Kilmann Conflict Mode instrument. For a price, a person can assess which conflict-handling modes he or she is overusing or underusing. The five conflict-handling modes are competing, accommodating, avoiding, compromising, and collaborating. Kolman noted that, without paying for the T-K Conflict Mode Instrument, you can still assess your conflict-mode tendencies through honest hard reflection.

“Think about what’s you” and work on styles that are “not you.”

Once a person has identified personal preferences and tendencies, Kolman urged audience members to “think about what’s you,” maximize your own tendencies, and work on other styles that may not come naturally. Bringing together the strengths of “natural tendencies” and an ability to use other styles as needed will help a lawyer become a well-rounded negotiator. For example, the lawyer who naturally tends to use an accommodating style will find it helpful to learn how to use a competing style so he or she can use it when needed.

Learn about different negotiation styles and practice.

Training and practice help build effective negotiation skills. Kolman commented that “the beauty of a negotiation class” is that “you can try things out.”

Always be willing to learn the interests of your client and the other party.

Kolman emphasized the importance of learning the interests of a client and the other side. This can help with problem-solving and collaborating to find a solution that all parties are happy with. In our negotiations courses at OSU Moritz College of Law, students learn skills that help with exploring interests, including active listening, asking helpful questions, and achieving an optimal balance of empathy and assertiveness in a negotiation.

Kolman encouraged all aspiring negotiators to work on being more self-aware about personal tendencies, understand that raw talent is usually not enough to be an effective negotiator, and to practice styles that do not come naturally.

After reading this post, consider what your personal style is in handling conflict, and try a different one.

 

Sources cited in the 2016 Lawrence Lecture (arranged alphabetically here):

Roger Fisher, William Ury & Bruce Patton, Getting to Yes, 2nd Ed. (Penguin Books 1991).

Gary Goodpaster, A Primer on Competitive Bargaining, 1996 J. Disp. Resol. 325.

Carrie Menkel-Meadow, Toward Another View of Legal Negotiation: The Structure of Problem Solving, 31 UCLA Law Review 754 (1984).

Robert H. Mnookin, et al., Beyond Winning: Negotiating to Create Value in Deals and Disputes (Belknap Press 2000).

Andrea Kupfer Schneider, Shattering Negotiation Myths: Empirical Evidence on the Effectiveness of Negotiation Style, 7 Harv. Negot. L. Rev. 143 (2002).

Richard Shell, Bargaining Styles and Negotiation, 17 Neg. J. 155 (2001).

Listen Like a Lawyer is grateful for this post by Katrina June Lee, Associate Clinical Professor and a member of the Dispute Resolution faculty at The Ohio State University Moritz College of Law, where she teaches Legal Negotiations and Settlements. Moritz’s DR program is No. 1 in the 2017 U.S. News & World Reports ranking of law school DR programs. Professor Lee notes her thanks to Marya Kolman for her insightful Lecture and for sharing her notes and slides for use as background for this post, and to Professor Ellen Deason for her review and comments on this post.

 

Best Practices for Law Schools and Student Organizations when Inviting Guest Speakers

This post is formatted as a draft policy on best practices for law schools and law-student organizations when they invite guests to speak to or interact with their law school community. This policy errs on the side of formality and specificity, attempting to spell out specific steps for inviting guests and planning events. Feedback is welcome, particularly from members of the bench and bar who may want to share their thoughts on having a good (or bad) experience guest-speaking at a law school.

Purpose

The purpose of these best practices is to articulate norms of civility and courtesy for events sponsored by law schools and law-school student organizations in which guests—such as members of the bench and bar—are invited.

The norms are based on the idea of thoughtful reflection before planning an event, open communication while planning the event, respectful attention and engagement during the event, and appropriate expressions of gratitude after the event.

Observing these norms make the experience of hosting a guest more likely to be a positive experience for the guest. Observing these norms may also make the experience more meaningful for event attendees. Observing these norms may, in the broadest sense, encourage legal professionals to accept future offers from other organizations to future events. Thereby, these norms serve to encourage positive interactions between the bench and bar and students and faculty at law schools.

Audience

These best practices are offered for consideration by any law school or law-student organization that invites guests to campus to speak and interact with students and faculty.

Before the Event

The organization will confer with law school administrators and event planners to ensure that inviting the desired guest is appropriate in light of other law-school communications with that guest, the overall relationship with that guest, and the law school’s other commitments and events during the proposed time for the event.

The organization will make a reasonable estimate of how many attendees it can expect at the event. The organization will communicate with potential guests when making invitations and share the estimated attendance. Guests should have this information when deciding whether to accept the invitation.

For example, a legal professional may be willing to donate his or her time to speak to 30 law students, but not 3.

The organization will take reasonable steps to schedule the event at a time when attendance will meet the initial estimate. This includes checking with calendars and event planners for scheduling conflicts. After reasonable steps have been taken, the organization will assess whether to pursue the event should a conflict arise.

If the organization later learns of a scheduling conflict that would materially change the conditions that guest experiences in the event, the organization will contact guest and describe the new conditions, giving the guest the opportunity to revisit and change the commitment to attend the event.

The organization will set a schedule for the event that provides an appropriate time and setting for the guest to speak or lead a discussion. This includes confirming and communicating the amount of time available for the guest to speak. It also includes organizing any lunch, cocktails, or other refreshments so as not to interfere with the time and setting of the guest’s presentation.

One or more designated representatives of the organization will provide coordinated communication to any guests the organization may invite for the event.

Communication will be coordinated, meaning everyone within the organization with some responsibility for the event will stay in communication with others within that organization. Thus the organization will provide consistent, timely information to guests. The organization will facilitate directions and parking and any other logistical details, and will share this with the guest as soon as reasonably possible.

Ideally, the organization will share logistical details with the guest before the guest feels the need to contact the organization and ask for those details.

The organization will delegate to one or more individuals the task of preparing an introduction for the guest. This includes verifying in advance and then using the proper pronunciation of the guest’s name. It also includes the task of asking for a resume or C.V. or other biographical details, or collecting them from research.

Students who may be unsure of what an appropriate introduction is or how to deliver it should ask experienced professionals at their law school.

Digital Etiquette During Events

As a general practice, the organization will notify its members and others invited to the event, in advance of the event, about its policy for encouraging, permitting, discouraging, or prohibiting digital distractions including phones, tablets, and laptops.

Having no policy and leaving digital etiquette up to attendees is a possible option, but it surrenders the organization’s role in creating the appropriate environment at the event.

Prior to the event at an appropriate location near the entrance of the space where the event is taking place, members of the organization will post prominent signs stating the event’s policy on phones, laptops, and other digital devices.

If the organization believes the guest may wish to permit or encourage event-related digital activity during the event, such as tweeting and other social-media sharing, the organization should check with the guest before the event and adjust event policies accordingly.

For example, some guests may strongly desire that their presentation be shared on social media, and others may wish to discourage such sharing.

At the beginning of the event, a designated representative of the organization will announce the event’s policy for laptops, tablets, phones and other potential digital distractions.

This can be done in a friendly manner such as before theater productions.

Members of the organization will set the standard of respectfully focusing on the guest during the session.

If the event draws both members and non-members, attentive focus by members can create a respectful and positive environment for the guest.

If appropriate, attendees who are seen committing distracting behavior inconsistent with the norms announce for the event may be discretely asked by a member of the organization to stop.

After the Event

A representative of the organization will personally thank the guest and attend to any needs the guest may have in connection with the event, such as parking vouchers.

A representative will offer to accompany the guest to their next destination in the law school (or the building exit).

The organization’s leadership will thank the guest in writing after the event. Whether to email, type, or hand-write the note is a decision to be discussed among the organization and with others at the law school as needed.

The organization will contact the law school administration if appropriate to confer whether additional thank-you notes should be sent from administrators.

The organization will seek to build institutional knowledge about the relationship with this guest. Event organizers will create notes to disseminate to future leaders of the organization. This process allows relevant information to be handed down to future leaders within the organization responsible for planning new events.

Tomorrow’s lawyers

What do lawyers need to be good lawyers? A project in Denver is investing a lot of time, energy, and resources into answering that question. It’s the Foundations for Practice study, generated by Educating Tomorrow’s Lawyers, an initiative of the Institute for the Advancement of the American Legal System.

The background on Foundations for Practice is this:

In late 2014, we launched Foundations for Practice (“FFP”), a national, multi-year project designed to:

1. Identify the foundations entry-level lawyers need to launch successful careers in the legal profession;

2. Develop measurable models of legal education that support those foundations; and

3. Align market needs with hiring practices to incentivize positive improvements in legal education.

And since then, they have managed to start and finish a huge survey, reaching 24,000 lawyers nationwide. Their survey covered a breadth of law-related topics:

We asked respondents to rate the necessity of 147 foundations (plus two questions that allowed write-in responses); we asked fourteen questions to identify respondent demographics and practice information; we asked about the value of specialization in law school and in early practice; and we asked the respondents to identify the helpfulness of employment criteria (like law school attended, class rank, clinical experience, externships, and letters of recommendation).

One of their key goals was to survey what skills need to be in place when lawyers start their careers, as contrasted with skills that can and should be learned over time on the job. What’s important for new lawyers? Questions on the survey about what new lawyers need probed respondents’ thoughts in three categories:

  • “Legal skills” are those traditionally understood to be required for the specific discipline of law (such as preparing a case on appeal).
  • “Professional competencies” are skills seen as useful across vocations (such as managing meetings effectively).
  • “Characteristics” are foundations capturing features or qualities (such as sociability).

The overall payoff of the Foundations for Practice study is that respondents ranked these categories in the following order of importance:

1. Character

2. Professional competencies

3. Legal skills

So this is a pretty big finding: statistically, aspects of good character were reported to be the most necessary for new lawyers right out of law school. The study got to this number by finding that 76 percent of character items in their survey (items such as “integrity and trustworthiness, conscientiousness, and common sense”) were ranked by half or more of the respondents as necessary.

The next most important category was professional competencies “such as listening attentively, speaking and writing, and arriving on time.” 46 percent of these competences were identified by half or more respondents as being necessary for new lawyers.

And the final category was legal skills “such as use of dispute resolution techniques to prevent or handle conflicts, drafting policies, preparing a case for trial, and conducting and defending depositions.” For these items, 40 percent were ranked by half or more of respondents as being necessary for new lawyers.

The section of the report titled Foundations for Practice contains an overall summary of the 77 characteristics, competencies, and skills that more than half of the respondents deemed necessary for new lawyers right away. Some of the most highly rated items involve communication:

  • 91.9 percent of respondents said it is important for new lawyers to treat others with courtesy and respect
  • 91.5 percent of respondents said it is important for new lawyers to listen attentively and respectfully
  • 80.4 percent said it is important for new lawyers to regulate emotions and demonstrate self-control
  • 77.7 percent said it is important for new lawyers to demonstrate tact and diplomacy
  • 72.9 percent said it is important for new lawyers to be able to work cooperatively and collaboratively in a team
  • 71.7 percent said it is important for new lawyers to seek and be responsive to feedback
  • 69.2 percent said it is important for new lawyers to demonstrate tolerance, sensitivity, and compassion
  • 60.8 percent said it is important for new lawyers to react calmly and steadily in challenging or critical situations

Happily, the survey reveals a broad attitude that many skills can be learned on the job as lawyers. A new lawyer can learn to draft a document or take a deposition. But the study also suggests the belief by respondents that new lawyers either cannot learn character on the job or shouldn’t need to; they should already have it.

Educating Tomorrow’s Lawyers will hold its 5th Annual Conference next month. I won’t be able to attend but would welcome tweets and guest blog posts focused on communication skills from those who do attend.

Here’s another overview of the study from Keith Lee of Associate’s Mind, who also serves on the study’s advisory group. His post shows how the study’s data can be mined for more specific information.

Learning styles, revisited

For the past month, I’ve been struggling with an ankle injury. Yesterday at the orthopedist’s office, the medical questionnaire asked about patients’ preferred learning style. The question was something like this:

Screen Shot 2016-08-03 at 8.21.06 AM

My answer was and remains, “ I don’t care how you give me the information as long as you fix my ankle!”

And that connects to a post from last year, “Back to school means ‘what’s your learning style?’” That post points out that learning styles are better thought of as learning preferences by individuals. It cites some research and analysis questioning whether teaching to an individual’s preferred learning style actually enhances their learning outcomes. In other words, it’s not clear that teaching to learning styles helps people actually learn.

The consensus at least among learning-style skeptics is this: learning-style preferences do not mean information actually is more effective when packaged to meet any one person’s preference. A learner may prefer to learn visually, but certain lessons about music must be presented in auditory format. A learner may prefer to learn by acting and moving, but certain math concepts must be presented visually in a formula. For physical therapy, learning by doing makes a lot of sense so you can model the right way to do the exercises. The basic takeaway is this:

The nature of the information is the most significant factor in how that information should be presented to learners.

This is an important point for those who care about good listening skills. With the popularity of texting and email and other screen-based forms of communication, comfort with and preferences for listening and face-to-face conversations would seem to be in jeopardy. Future lawyers should not use their exposure to learning styles to say, “I’m going to text the client this bad news instead of calling her because I prefer to get information in writing and visually.”

As I wrote last year, many people have written really good articles about using learning styles in the law-school classroom. And none of this is to excuse a decision by a professor to always use the Socratic method or any other default method. But it is worthwhile to question what seems to be the very popular belief that people learn information effectively when it is reshaped to fit their preferences.

The 4 T’s of Listening

One of Listen Like a Lawyer’s most enduringly popular posts is “A Model of Listening.” The honest truth about why it’s so popular appears to be that students enrolled in listening classes are doing searches like these:

models of listening
model of listening
HURIER model
HURIER model of listening

One clue that these are college students is the timing of these searches: they tend to spike toward the end of the fall and spring semesters. I had actually never heard of a college course in listening until starting this blog two years ago. That’s when I found Judi Brownell’s textbook, Listening: Attitudes, Principles, and Skills. One of the blog’s earliest posts was that Model of Listening posts exploring the “HURIER” model and how it fits with lawyering. (HURIER stands for Hearing, Understanding, Remembering, Interpreting, Evaluating, and Responding.) Apparently a lot of students are assigned to write about this model.

Thinking about college classes in listening leads, inevitably, to thinking about the idea of a law school class in listening. I am not aware of any law-school class focused directly and solely on listening in the way a legal writing class focuses on writing, for example. (Please comment or e-mail if this is not correct.)

Of course listening is directly involved in any class with interviewing, deposing or examining witnesses, or negotiating. It’s a small but crucial part of effective oral advocacy. And part of the overall motivation for Listen Like a Lawyer is that listening plays a subtle role in just about all law school and lawyering activities. A more effective listener is going to be better at taking exams based on in-class material, better at writing papers building off of class discussion, and better at handling skills classes and clinics. Essentially, listening helps in any context where other people are involved. (Professor Tami Lefko presented a menu of ideas for incorporating listening throughout the law-school curriculum at the 2014 Biennial Conference of the Legal Writing Institute, with slides available here. Her awesome collection of listening-related YouTube clips is available as a guest post here as well.)

At the conclusion of my legal writing class, I like to talk about the content of the class and next steps for the students using the following framework, the 4 T’s:

  • Tradition
  • Trends
  • Techniques
  • Transfer

The same framework could be useful in shaping a law-school listening course. So here’s an exploration of what the final class session might look like in a law-school listening class.

Tradition

Listening has its traditions (which have been covered and practiced throughout this semester). Perhaps the listening tradition most deeply embedded in law comes from the conflict resolution field. Mediators seem to have the most training and, in the mediators I’ve been lucky to meet, the most personal affinity with the value of listening. In mediation, the chance to be heard is respected if not absolutely paramount. The mediator’s role in “nuanced listening” for the real conflict is crucial.

Advocacy presents the opportunity for high-stakes listening. Lawyers who examine witnesses must be able to listen to a witness, echo the testimony when needed, and recognize what is not being said. (The same is true of listening to opposing counsel.) There is a strong tradition of listening as part of appellate advocacy as well: Listen to the specific question and respond to it. Listen to the overall feel of the bench and adjust your argument accordingly.

Unfortunately what seems to be the most significant actual or perceived listening tradition is the law is this:

Lawyers are terrible listeners.

This recent observation from John Suh of Legal Zoom may capture it all:

It does not seem a stretch to say the legal profession attracts talkers, not listeners. Any traditions of listening within the legal profession must thus reflect a knowledge of the audience. Essentially, many bad listeners will only want to get better if they think it’s in their self interest. That was one lesson of experience suggested by Debra Worthington, a professor at Auburn University and experienced trial consultant as well as co-author of another college listening textbook. In this sense listening can be coached in a somewhat Machiavellian way, like mindfulness coaching for Type A personalities.

Trends

Legal project management is one movement with listening-related implications such as planned and spontaneous face-to-face meetings. When is face time valuable or a waste of time? What about collaborative platforms that allow clients and lawyers to access and monitor each other’s work real time, with no “wall” of email protocol to separate the work from the communication about that work?

“Social listening” on social media channels is not really listening at all, but it speaks to the way business is done and people communicate today. Lawyers interested in social media will encounter advice to engage in social listening essentially for marketing and understanding how they and competitors are perceived. “Listening” on social media is also of course a trend in juror and witness research.

Returning to depositions for a moment, court reporters may give way to voice recordings and digital transcriptions, a controversial topic to say the least. (How would a listening course be graded? A lot of ideas come to mind and frankly many of them involve some aspect of writing about listening. For example, a good essay question in a listening course would be to discuss the movement toward “digital court reporters” and what that would mean for the judicial process.)

Artificial intelligence-enabled devices that can detect facial expressions—and perhaps predict lying—will be an interesting development to watch as well. Wearable “sociometric devices” may be able to measure and report a person’s ratio of talking to listening.

Techniques

Techniques of listening would of course include “active listening” as well as “passive listening,” as outlined in Professor Neil Hamilton’s law-review article Effectiveness Requires Listening.

There is also the technique of fact investigation that involves first listening with open-ended questions throughout the witness’s first narrative, and then reviewing each step with closed questions to firm up the information.

The art of asking good questions is so critical for lawyers not just in litigation but in any activity including—importantly for those who need to earn a living in private practice—marketing.

And listening for what isn’t being said is one of the most challenging and valuable skills a listener can work on. (Peter Drucker is the most often quoted on this point:  “The most important thing in communication is hearing what isn’t said.”)

Those are just a few examples of the “listening toolkit” lawyers can develop.

Transfer

As with any skill, the ideal is to be able use that skill in a variety of settings beyond the specifics of how it was taught and learned. This is the core of what “learning transfer” mean—transferring learning to new contexts.

Listening skills could be transferred in a myriad of ways. Strong recall of spoken language is always a benefit, but has to be adjusted for the social context. For example, a lawyer may show a high level of skill at remembering and echoing key parts of a witness’s answer and moving forward in an unforgettably effective direct or cross before a jury. However, this echoing might seem aggressive and/or robotic in a private and casual conversation with a prospective client. A subtle and selective echoing could work quite well. Or, weeks later, a thoughtful handwritten follow-up note that paraphrases the conversation can make a very positive impression.

One of the most difficult questions about lawyers and listening is the role of trust. Lawyers simply cannot deeply and trustingly—and naively—listen with an open heart in a combative deposition or negotiation. Different listening skills are required in collaborative and competitive contexts. Even with clients, too much trust may lead to trouble:

But if lawyers transfer distrustful listening to all contexts, that’s really not good either. Several great posts have been written on bad things that happen when lawyers bring certain communication techniques home with them, as in “6 Things We Learned in Law School that Shouldn’t Be Tried at Home.”

And even within work-related contexts, there is certainly room for lawyers to compassionately listen to one another. Perhaps a stronger listening culture with in the community could in some way help ameliorate some of the stress and alienation, not to mention substance abuse and depression, that afflicts the legal profession. Practices such as bar-sponsored “take opposing counsel to lunch” events are a start.

Learning is a process

The ultimate message of this “traditions-trends-techniques-transfer” framework is that learning doesn’t end—or at least it shouldn’t end, and for the truly effective lawyers and lawyer students it never ends—when any given class is over.

Where does this leave the lawyer who wants to be a better listener? For one thing, the lawyer can seek training and the opportunity to reflect on his or her current skills as a listener. Here are a few CLEs related to listening that were offered this past year: “Civility Skills CLE: The Art of Listening” and “The Ethics of Listening—and Not Listening—to Your Client”. I am fascinated with the idea of actors teaching “improvisation CLE” and hope to take one of these classes sometime. On a more traditional note, in a few weeks I will have the privilege of taking an intensive mediation class and fully expect it to address listening in depth.*

Beyond CLEs, lawyers can read about listening, not only on blogs (ahem) but also books such as Thanks for the Feedback (which is about taking feedback effectively and has a lot to say about listening more generally) or Power Listening (which is more in the strategic, utilitarian school of listening). A thoughtful and challenging legal blog that often touches on listening is Lee Rosen’s Divorce Discourse. (For example here’s a post on how not listening is one of the worst mistake a lawyer can make in an initial consultation.) Kenneth Grady’s Seytlines blog and other writing touches at times about listening to corporate clients in the context of larger themes about legal-services delivery and innovation. (Here’s his “5 Reasons to Become a Doctor Dolittle of Client Communication.”)

That’s at least 75 minutes worth of material to talk about. So that’s  the end of these hypothetical lecture notes for the hypothetical final class in a hypothetical law-school listening course. Good luck and please stay in touch.

*Side note for 2016: I’ve also recently had the pleasure of meeting and talking with several listening experts who are working on a potential listening CLE at the International Listening Association’s meeting in Tucson in March 2016. I may have the opportunity to be a guest speaker or contributor in some way, and will let blog readers know more about that as it develops.

Listening for international law students: Q&A with Prof. Gabrielle Goodwin

 Gabe Goodwin, IU Maurer School of Law 8.28.2012Professor Gabrielle Goodwin teaches graduate legal studies at Indiana University’s Maurer School of Law in Bloomington, Indiana. She has bachelor’s and master’s degrees in linguistics, and she taught English as a foreign language before attending law school. In her work at Maurer, she teaches three courses in the graduate legal studies department: legal writing, introduction to U.S. law, and criminal procedure through writing for LLMs. Her research interests include art and cultural heritage law, and she has also contributed to the development of a trilingual university in the Former Yugoslav Republic of Macedonia. Professor Goodwin blogs at http://llmlegalwriting.blogspot.com/. What she likes most about teaching is learning more about people, cultures, and legal systems.

Listen Like a Lawyer is grateful to Professor Goodwin for sharing her thoughts and advice for prospective and current international law students.

For a student considering enrolling in a U.S. law school, how can that student prepare for the style of a U.S. law school class?

A great way to prepare is to take an “Introduction to U.S. Law” type of class in the summer before starting at a U.S. law school. These classes introduce students to the basics of U.S. law and to the style of teaching in U.S. law schools. These days, a lot of law schools are offering such classes to their incoming students and some of them are open to any interested student.

However, not every student is able to attend such a class, and for those students, I would recommend listening to a variety of English language law-related material, such as TED talks, Oyez oral arguments, or legal podcasts, such as Life of the Law, Serial,  and Amicus. Although listening to such programs won’t help students understand the U.S. law school classroom, it will familiarize students with English speaking styles and legal vocabulary and concepts.

Gaining some background knowledge on American history and culture, the political system, ethics and theories of justice, and the structure of the courts would also benefit students as they prepare for law school classes. There are many free audio/video resources online, for example: Overview of the Federal Court System, Supreme Court Interviews, American Law: History and Origins, and The Preamble. Additional resources may be purchased, for example, The Great Courses on American History. 

What are the listening challenges that a student may face in law school, particularly if the professor is speaking a language other than the student’s first language?

 Aside from just understanding what the professor is saying generally, I think the biggest challenge is trying to discern what the point of a lecture is and understanding relevant versus irrelevant information. Also, because of cultural and speech pattern differences, it may be difficult for a non-native speaker of English to figure out when to interject a comment or ask a question. Even knowing the difference between when a professor asks a rhetorical question that doesn’t need a specific answer versus when a professor is waiting for an answer before moving on can be a challenge.

We might think of listening as being a passive activity; however, listening to a lecture, and learning from the lecture, means being an active listener. There are many interesting research studies showing that teaching people how to listen makes a difference in their comprehension. For non-native speakers of English, the challenge in listening is to prioritize what gets more or less attention, monitor understanding, and engage in ongoing self-evaluation and reflection. Students need to pay attention to what’s going on in their own heads while they’re listening – Are they simultaneously translating? Losing concentration? Finding the vocabulary hard to understand? Getting frustrated? – so that they can find ways to mitigate these difficulties.

Listening is not exactly the same as note-taking, but they are certainly related. What type of note-taking techniques do you recommend?

 Note-taking can be difficult for some of the reasons stated above, specifically knowing how to prioritize and organize information, but there are ways to mitigate this challenge. To begin with, students should come prepared to class. That means doing the reading or other homework that provides the background knowledge necessary to listen to and understand what the professor is saying. Predicting the types of information and possible vocabulary words can make students feel more prepared. If appropriate, make a pre-outline of the topics to be covered in class and add notes to the outline during the lecture.

Also, try to listen, understand, prioritize, and organize before writing anything down. Just writing everything the professor says doesn’t help when studying later because the context and relationships between ideas may be missing and because what’s quickly written down and what the professor actually said may in fact be different, leading to wrong conclusions. Similarly, noting words or concepts that are confusing, and then going back to them later to figure out, is better than becoming frustrated and losing the narrative of the lecture.

For some students, creating a “map” of lectures makes sense. Rather than trying to record everything in a linear outline, a student can draw a map of concepts, terms, and other information, which shows the relationships among them and where they fit in the big picture.

Soon after each lecture, class notes should be reviewed and amended. Putting notes in to a standardized outline format helps review and organize the material. Discussing and verifying notes with classmates is another good way to check understanding and review notes for accuracy.

Many international law students have legal expertise or training from their home countries. How can that expertise and training influence students’ experience in U.S. law schools?

 Most international law students come to U.S. law schools better prepared than American students. LL.M. students typically are lawyers in their home countries and have legal training and experience with taking a bar exam, not to mention practice experience. This is a huge advantage because international students are familiar with “the law” and the legal world. They are able to analogize from their prior experiences and training to more quickly understand new concepts.

However, this previous experience and training can be a disadvantage at times. Most international law students come from civil law countries, not common law countries. Noting the similarities and differences between the legal systems can distract students from understanding what is important about those similarities and differences. Also, always comparing what one is learning with what one already knows may get in the way of actually listening to what is being said.

In linguistics, we use the term “false friends” to denote words from different languages that look or sound similar but in fact have very different meanings. For example, parade in English and parada in Spanish, which means “bus stop,” not parade. In U.S. law schools, if international law students rely on “false friends,” concepts or terms that seem similar to those in their own legal systems, they may end up more confused than if they had no preconceived understanding of these concepts or terms.

Your class is a legal writing class. How does students’ listening matter to their legal writing?

We think of language proficiency as involving four skills—listening, speaking, reading, and writing—but these are not discrete skills. If a student is able to discuss and explain an issue, chances are good that the student will also be able to write about it. In my legal writing classes, my students are often asked first to brainstorm, discuss, explain, or clarify an issue as part of the pre-writing process. Talking to me, to each other, or even to themselves can help students decide what’s relevant, clarify their language, and organize their writing.  

What are the most helpful habits that law students can develop to listen effectively in class?

I think the most helpful habits are to think of listening as a multi-stage event:

  1. pre-listening tasks, such as planning and predicting
  2. listening tasks in the moment, such as selective attention, monitoring, evaluating, and organizing
  3. post-listening tasks, such as reviewing and reflecting

Each class lecture is not an isolated event, so trying to understand and fit each lecture into the big picture is also a useful strategy. Finally, it takes real concentration to listen to a lecture for the entire class period, and staying away from distractions, such as browsing the internet, texting, talking with classmates, or thinking about something outside of class, can make that easier.

Being an international student in a U.S. law school is a real challenge, but that challenge is not insurmountable. Developing good listening skills and habits will make the life of an international law student much more comfortable and less intimidating.

How important is listening to new lawyers?

What do new lawyers actually do?

In a 2013 report, the National Counsel of Bar Examiners studied this question in detail by undertaking a very large survey of practicing lawyers (attempting to reach 20,000 lawyers although ultimately receiving usable survey data from 1,600). They result of this survey was the “Job Analysis Survey,” The key points of which can be found in this summary. (The survey methodology is described in the full report here.) The purpose of this survey was to provide “a job-related and valid basis for the development of licensing examinations offered by NCBE.”

Hat tip to Professor Ben Bratman of Pittsburgh for discussing this report in his recent post on bar-exam and legal-ed reform. Analyzing the results of the survey, Professor Bratman organized the numerous skills included in the survey into five groups: communication, analysis, research, project management, and professionalism. He suggested that this framework may be useful for developing learning outcomes in law school, particularly in response to new ABA guidelines.

The list of most highly rated skills and abilities was of particular interest here as well. Here’s the top ten:

Screen Shot 2015-10-12 at 1.06.53 PM

As you can see, listening was the third most highly rated skill, with respondents ranking it a 3.60 on a scale of 1-4 in terms of significance and 99 percent of newly licensed lawyers needing to perform this skill. (Apparently one percent of lawyers need to write but don’t need to listen, since the only skill that garnered 100 percent was written communication.)

In addition to the very broad category of “listening,” other related skills of interest included #2 (paying attention to details) and #10 (knowing when to go back and ask questions). Listening seems correlated with #5 (professionalism) as well. “Interpersonal skills” almost made the top ten, coming in at #13 with a 3.44 significance rating and 99 percent of newly licensed lawyers needing interpersonal skills.

Chart reprinted by permission of the National Council of Bar Examiners

Back to school means “what’s your learning style?”

The idea that each learner has an ideal learning style—that is, a style such as visual or aural or kinesthetic, in which they learn most effectively—remains unproven. Yet it appears to be wildly popular and naturally appealing to both teachers and students. The new school year seems like a hot zone for this idea to proliferate anew.

Before delving into the research on learning styles, let’s preempt some backlash. Of course different students have different strengths and weaknesses, and of course different students have different preferences and habits for studying and learning. That’s not the problem.

What remains unproven is that a given person learns “best” in a particular learning style that is different from the way another person (with a different learning style) learns the same materialHere’s UVa education professor Daniel Willingham summarizing his critique of learning styles as a theory. Here’s another article by two psychology professors summing up the studies finding no support for learning styles, including one that tested medical students.  A frequently cited 2008 study by four education professors concluded  “there is no adequate evidence base to justify incorporating learning-styles assessments into general educational practice.” 

Learning styles are so appealing and so omnipresent from preschool to graduate school that it can be hard to accept they are some sort of “myth.” A helpful illustration comes from neuroscientist Christian Jarnett in Wired Magazine:

[A]lthough each of us is unique, usually the most effective way for us to learn is based not on our individual preferences but on the nature of the material we’re being taught – just try learning French grammar pictorially, or learning geometry purely verbally.

Similarly, studying sculpture is not done best by reading long texts describing said sculpture, as pointed out this helpful and balanced piece from the Vanderbilt Center for Teaching.

Christian Jarnett goes on to argue that adhering to learning styles as a teaching method is not just a benign misconception but actively harmful. It encourages teachers and learners to direct their teaching toward existing areas of strength, given that “style” may function as a proxy for existing ability and preference. Dan Willingham would also say that mixing teaching styles in the interest of meeting different learning styles in a group may also be harmful, or at least not as beneficial as believed, if doing so works to the detriment of teaching the particular subject matter in the most appropriate way.

This is where listening comes in. When people are surveyed to try to determine their dominant learning style (or preference), listening—i.e. auditory learning—does not tend to rank as a top choice. Legal educator M.H. Sam Jacobson suggested a ranking for law students as learners: most law students report being verbal learners (learning by reading), followed by the next-most populous group of visual learners, followed by oral learners (learning by talking) and only then by auditory learners who learn by listening.

And because auditory learning is relatively unpopular, teaching to preferred learning styles could effectively hurt students’ listening skills even more. Under this theory, if a law student feels most comfortable as a visual or verbal learner, should that student thus learn to represent clients by looking at photographs of clients and reading scripts of interviews with clients? Clinics and externships offer incredible opportunities to interview clients, to take notes, to negotiate, to go to court—to do a lot of things that don’t neatly fit into the most popular categories.

It seems unlikely that an idea about learning styles would dissuade someone from clinic work. What I’m more concerned about is the way learning styles might subtly affect law students’ habits and beliefs: A law student might gain the notion he or she learns particularly well by reading and visuals, more so than by listening, and thus steer her way of thinking and studying towards words and images and away from talking and listening. Or struggle with taking notes in class or interviewing a client, and conclude that part of the reason is a learning style other than auditory.

Law students need to develop all modalities to be effective practitioners. . . . [R]egardless of whether one self-identifies as a visual, auditory, kinesthetic, or tactile learner, lawyers regularly use each of those modalities in practice. They process information by reading and synthesizing legal authority and documents obtained during discovery, for example, and act on oral directives from clients, judges, and colleagues.

This is from an excellent, in-depth, and critical yet constructive exploration of learning styles in legal education, Aïda Alaka’s article Learning Styles: What Difference Do the Differences Make?, 5 Charleston L. Rev. 133 (2011). Alaka carefully explores other frameworks for learning styles besides the “visual-aural-kinesthetic” model which is the main focus of this post. She ultimately concludes with the pragmatic notion that teaching material in a variety of ways beyond (1) assigning cases and (2) employing the Socratic method is certainly a good thing. (Hear, hear!)

She also suggests that while listening should not be neglected, reading will remain the most critical skill:

[R]ecent empirical studies suggest that developing law students’ critical reading skills and literacy are paramount to successful law school performance. Regardless of desire or preference, law students should understand that learning through reading is, and is likely to remain, the principle method by which they will absorb new information in law school and beyond.

In reading for this post, I came across a completely different type model formulated by educator Ken Bain in his book What the Best College Students Do:

  • Surface learners “do as little as possible to get by”
  • Strategic learners “aim for top grades rather than true understanding”
  • Deep learners “leave college with a real, rich education”

Just on its face, this framework bears parallels to listening. Surface listeners may just take in the key points and miss information as well as subtle cues. Strategic listeners may deploy active listening and other techniques, but miss opportunities to follow up and dig because they seize conversational cues to begin talking again. Deep listeners make the most of precious face time spent with conversation partners, leaving the conversation with a “real, rich” sense of learning information and building relationships through their communication skills including listening.

I look forward to reading more about this framework and exploring how learners who may fit into each of these categories can enrich the way they learn, and especially the way they listen.

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Blogger’s note: People I greatly respect have written about and at times touted the benefits of teaching to individual learning styles. In fact I myself gave a 2006 presentation about using visual tools to teach legal writing, which I based partly on the idea of visual learners as a significant component of the law-student population. My post here does not in any way change my admiration for the scholars and educators who have studied learning theories including as learning styles in the quest to improve their teaching and their students’ learning.

Law-school prep for listening skills?

‘Tis the season of advice for 0Ls, meaning those about to enter law school this fall. While reading Scott Turow’s One L and banking some “me” time are both great, 0Ls might want to think about their listening.

I once heard a law professor say that starting law school is like learning Chinese by being dropped from an airplane into a community where only Chinese is spoken. Law-school prep classes, boot camps, and online programs have sprung up to help students make the transition. Perhaps a law-school prep course is a little bit like reading a grammar guide and a few key survival-oriented sentences before the big drop.

Courtesy Flickr/Steven Depolo/CC by 2.0
Courtesy Flickr/Steven Depolo/CC by SA 2.0

But there are ways to prep for law school without paying a fee, such as “by visiting your local Barnes and Noble.” Plain English for Lawyers by Richard Wydick and Getting to Maybe by Richard Fischl and Jeremy Paul are often recommended. These books are great, and as a legal-writing professor when I’m not blogging, I especially recommend Plain English for Lawyers. I would also add Barry Friedman and John Goldberg’s Open Book as a new and popular contender in the law-exam-prep market.

But the skills these books ultimately focus on—writing legal documents and exam questions—are partially the artifacts of earlier skills in reading and listening. What about targeted prep for these skills?

For reading, future law students may want to take a look at Ruth Ann McKinney’s Reading Like a Lawyer: Time-Saving Strategies for Reading Law Like an Expert. I also like Wilson Huhn’s The Five Types of Legal Argument. It’s not about reading per se but about the major building blocks of legal opinions and legal reasoning generally.

For listening, I’m not aware of a specific book focusing on listening for pre-law students. (Hmmm….)

If there were such a book, what would it cover? Here’s a thought experiment on what pre-law students could do the summer before law school to enhance their listening:

  • Acclimate to the pace of a law school class.

Incoming law students could search for a few lectures on YouTube and sample what they really sound like and how they move. Socratic interchanges and professorial pauses may be new experiences. Class can move slowly or very, very fast.

Some students may want to work on smartphone etiquette and attentiveness so as to avoid distractions during class even when it seems to move slowly. This in turn is good practice for avoiding smartphone distractions during meetings and interviews with clients and others as a practicing lawyer. Even if a student loses no actual information by looking at a smartphone during class, that student may be sacrificing the speaker’s good impression.

  • Start to develop a note-taking method.

It is difficult to decide how to take notes in class before actually attending many—or any—real classes. But having a note-taking strategy in place before the first class should allow students to get more out of the first few classes and to adjust more quickly with experience. Lisa Needham published a post in the Lawyerist about the famous Cornell note-taking method, which she described as a way of “hacking chaos.” On a more specific note, I guest-blogged about one strategy,  #professorsays, at The Girl’s Guide to Law School.

  • Integrate reading and listening on a particular case.

This is somewhat idealistic, but the idea is as follows: the reading raises questions and makes the student curious to find out whether and how the professor answers those questions. Then the student listens effectively in class because of having context (from the reading’s facts) and being curious (from the student’s questions). And then the student’s engagement with the material in class means the student will have even better questions to formulate when doing the next set of readings in preparation for the next class.

One way to practice this integration of material without doing a prep class would be to use the power of YouTube: find a YouTube video discussing a particular case, then read the case before fully viewing the video. Or read a Supreme Court case and then listen to the oral argument audio on oyez.org. Listen for the concepts in the questions and answers that you remember in the opinion itself. I would suggest the audio arguments in Campbell v. Acuff-Rose Music, Inc. as an entertaining and educational opportunity. (Here’s the Supreme Court’s written opinion.)

  • Prepare yourself to ask questions—good questions—when you are confused.

While listening and reading can be a virtuous cycle, most law students also have the experience of feeling really lost and confused at one point or another. Throughout the semester, and not just in the final push of studying for exams, students should monitor their own listening and thinking to recognize confusion setting in. Starting a conversation with the professor by asking good questions is one way to address a creeping sense of confusion. If asking a question after class is too crowded or just uncomfortable, go to the professor’s office hours or make an appointment.

Asking “good questions” is something great future lawyers learn as soon as possible. It’s not just “Help. I’m confused.” That’s fine for a trusted study group but not so helpful for interacting with a professor. To make a better impression as well as start a more helpful conversation, ask questions the explain what you know and don’t know. For example: “I think I’m confused. Here’s what I believe I know. Here’s what I think I heard you say. Where I’m not seeing the connection is why . . . ”

A law school prep class may give the opportunity to ask this kind of question. Outside of a prep class like this, listening to a law-school lecture on YouTube and then formulating some hypothetical questions. Or the same idea could be accomplished with a different communication medium. A student could read some difficult material and then imagine questions for a professor about what the student understands and where that understanding trails off into confusion and questions.

What else? Listening to people.

Effective classroom listening is valuable and necessary for law-school success, but not actually sufficient for good lawyering. What about the kind of listening lawyers really do? Lawyers talk to people (some friendly, some not friendly) in real conversations, in order to learn the facts, glean motivations, find out what else needs to be known, and discern how to make recommendations and arguments. This list is not meant to be exhaustive. The point is the intellectual listening integrating large blocks of topical detail in the 1L year is very different from the kind of listening lawyers actually do. A student might find it difficult to follow three classes on what constitutes various types of offers, but that same student might find herself highly motivated to interview a client about an alleged agreement starting with a so-called offer.

So here’s a proposal for some unorthodox advice on law school preparation, with a particular focus on listening. In the summer before law school, volunteer to take an oral history for an archive project. Interview an older relative about some aspect of his or her life. Tutor a kid one-on-one. Invite a potential mentor to lunch and get that person talking about life and law school and law practice.

It’s not exactly sipping piña coladas and having “me” time by the beach. Some of those suggestions may actually involve writing! But spending time in conversations like this will build listening skills. And it may even build up resilience and motivation—qualities that will definitely be needed later, to get over the hump of the 1L year.

Two hemispheres of law practice

 Securities law and divorce law. Lawyers in these practice areas may not be from different planets, but they live in different “hemispheres,” according to sociological work being explored by Deborah Merritt at the Law School Café. Her first post is here and second post here.

Flickr/CC by SA-2.0
Flickr/CC by SA-2.0

Merritt is revisiting the study Chicago Lawyers by sociologists John Heinz and Edwards Laumann. This study generated the “hemispheres” metaphor for categorizing the work done by lawyers:

Heinz and Laumann concluded that a “fundamental distinction” divided lawyers into “two hemispheres.” One group of lawyers “represent[ed] large organizations (corporations, labor unions, or government),” while the other “work[ed] for individuals and small businesses.” The division between these two was so sharp that “[m]ost lawyers reside exclusively in one hemisphere or the other and seldom, if ever, cross the equator.”

The concept of these two hemispheres immediately brought to mind potential differences in listening. Here are some exploratory thoughts. More are certainly welcome in the comments.

First-hemisphere listening

Listening in the “first hemisphere” means listening to large organizations. A single organization may or may not have a single “voice,” notwithstanding established lines of communication between the lawyer and client. A lawyer who represents an organization must know how to listen efficiently but broadly to the different perspectives of that organization. For example, what if the client contact urges an aggressive approach in a particular matter, but the key witnesses are unwilling or ineffective?

First-hemisphere listening may also involve heavy use of e-mail to enable simultaneous communication among a group. This could mean losing the nonverbal nuance of spoken conversation, as many critics of e-mail have pointed out. It’s a truism of e-mail skills that the best communicators know when to pick up the phone.

Listening to an organization also means sensing whether the key players remain satisfied with the work. As I recently heard a law firm’s chief marketing officer say, “When a [big] client isn’t happy with your work, they don’t tell you, because they don’t like confrontation. They just stop giving you any more work.” She made a great case for how a marketing officer in a big firm can help with listening to clients and teasing out more of what they really think.

Second-hemisphere listening

Listening it the “second hemisphere” would involve a different set of challenges. This second hemisphere brings to mind the more traditional image of listening such as one-on-one meetings where the lawyer listens actively and builds rapport. Perhaps the lawyer must guide the conversation to legally relevant facts, while respecting the client’s need to be heard. Many (almost all?) lawyers in this hemisphere also need strong skills in cross-cultural lawyering to be able to effectively listen to and problem-solve with their clients.

The business of law works plays a role here as well: lawyers must work on efficient yet welcoming intake procedures and appropriate listening behaviors from any staff who interact with individual clients. (See Lee Rosen’s tale of woe on Divorce Discourse, in which he interacts with a law firm in an attempt to refer some business.)

Why do these hemispheres exist?

So in terms of listening, are the two hemispheres more different or more alike? To think about that, we should think about why these different hemispheres exist in the first place. Merritt considers several factors such as income and power. Ultimately, she suggests—drawing from Heinz and Laumann’s work as well as Andrew Abbott from the University of Chicago—that the real issue is “professional purity”:

By professional purity, [Abbott] means the ability to resolve problems primarily through application of the profession’s own principles. The most prestigious professionals apply their knowledge to particular problems, but they do not grapple directly with messy facts or human emotions. Lower status professionals, in contrast, resolve problems that reflect a full range of “human complexity and difficulty.” (Andrew Abbott, Status and Status Strain in the Professions, 86 Am. J. Sociology 819, 823 (1981).

This idea helps to delve into the listening question. For the first hemisphere, perhaps listening takes a background role to the foreground role of legal analysis and problem-solving driven by that analysis. As Merritt writes, the lawyer’s role here is doing “some of the most ‘legally’ powerful work in the profession” such as examining “statutes, rules, and precedents to construct new, advantageous ways for the client to conduct its business.”

The privileged role of the lawyer here, doing this “legally” powerful work, perhaps can generate leeway for how and when the lawyer communicates. In the classic law-school legal-memorandum assignment, the legal analysis may lead to additional facts to investigate. Not knowing all the facts to investigate up front does not bring blame on the lawyer because unique legal analysis drives what needs to be known. Individual contacts in an organization may or may not be impressed with a particular lawyer’s communication skills, but one person’s experience may not be the most important criteria for selecting counsel.

Moreover in the first hemisphere, the organizational client’s workplace culture itself may discourage the expression of “messy facts and human emotions.” A non-emotional workplace culture could thus reduce the expression of these emotions in interactions with lawyers. (Merritt implies and I would argue that an emotion-suppressing workplace culture does not in fact mean the effective first-hemisphere lawyer need not worry about those emotions. More on this in a moment.)

For the second hemisphere, perhaps there is more obvious, explicit pressure on listening. It is certainly what is needed to deal with the “full range of ‘human complexity and difficulty.’” For individual problems that can’t really be solved with a neat legal solution, listening can go a long way toward helping and healing. An individual client may not know social-security law, but that client can recognize whether the lawyer is doing a decent job of listening. And the individual client may be less constrained on finding new counsel if the client feels dissatisfied. (However, lack of experience with lawyers and lack of a consumer mentality may cut the other way.)

Ultimately, Deborah Merritt suggests that the differences between the first and second hemisphere are less than we might think:

“Both hemispheres involve mundane, repetitive tasks, as well as intellectually challenging work. Similarly, effective education of ‘second hemisphere’ lawyers is just as intellectually demanding as that for ‘first hemisphere’ ones.”

First-hemisphere lawyers who refuse to delve into “messy facts” ultimately do risk their relationship with organizational clients. Merritt cites the facts that corporations complain when their law firms do not take the time to really understand their business.

What does this mean for law schools?

Merritt makes a number of points about teaching and scholarship. The “most important changes we can make in law schools, for all clients and lawyers” is to reduce the focus on appellate decisions. Instead, she argues law schools should bring client interaction into the entire law-school curriculum, including the sacrosanct first year.

In this way, students would be better prepared for their work as lawyers, in either hemisphere. Perhaps ultimately this type of reform would begin to erode distinctions between hemispheres as well, although they are very deeply rooted, as the sociologists work has repeatedly showed.