The hothouse of law school

The great law professor Larry Ribstein used to say that legal education has grown within a hothouse. Flora and fauna grow in different ways in a hothouse than in a natural environment. -William D. Henderson, quoted in Katrina Lee, The Legal Career: Knowing the Business, Thriving in Practice (2017) For sixteen years I’ve been teaching … Continue reading The hothouse of law school

New book: Litigation in Practice by Judge Curtis E. A. Karnow

What does a veteran trial judge have to say about . . . everything trial related? On my summer reading list was Litigation in Practice by Judge Curtis E. A. Karnow of the San Francisco Superior Court. It has some of the obvious—be nice to court staff; how to introduce documents into evidence—but also delves deeper … Continue reading New book: Litigation in Practice by Judge Curtis E. A. Karnow

Habit-forming classrooms     

How much time do law students spend in class? I’ve been thinking about the behavioral implications of so much time in front of laptop screens. I look forward to reading but don’t actually need to read Irresistible: The Rise of Addictive Technology and the Business of Keeping Us Hooked to know that looking at a … Continue reading Habit-forming classrooms     

Deliberate practice and lawyering skills

This past weekend, the Legal Writing Institute hosted its second Biennial Moot Court Conference at John Marshall Law School in Chicago. Several of the talks touched on listening-related themes. Kent Streseman of the Chicago-Kent College of Law explored the concept of “deliberate practice” for moot court competitors. His summary of the tenets of deliberate practice … Continue reading Deliberate practice and lawyering skills

Facilitating Dialogue Across Difference

Many thanks to Gail Silverstein, Clinical Professor of Law at the UC Hastings College of the Law, for this guest post about the ABA Section of Dispute Resolution's recent conference. Gail co-directs and co-teaches an Individual Representation Clinic and a Mediation Clinic at UC Hastings.   The 19th Annual Spring Conference of the ABA Section … Continue reading Facilitating Dialogue Across Difference

Let the ice cube melt

The other day I had to have my eyes dilated. As they slowly came back into focus, I tested them on this week’s issue of The New Yorker. One of the essays focused on Allison Janney, currently starring on Broadway in “Six Degrees of Separation.” Janney’s character in the play owns a Kandinsky (Wassily Kandinsky, one … Continue reading Let the ice cube melt

Postscript on “um”

Yesterday I had the pleasure of moderating a Facebook chat on Rutgers law professor Barbara Gotthelf's article The Lawyer's Guide to "Um." She published it in Legal Communication & Rhetoric: JALWD (for which, full disclosure, I'm a social media editor.) The Facebook chat, available here in LC&R's ongoing Discussion Group, was a chance to explore … Continue reading Postscript on “um”

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

Guest 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, … Continue reading A Winning Approach to Negotiations: Self-Awareness, Flexibility, and Practice

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 … Continue reading Tomorrow’s lawyers

More on flow and listening

Feeling "flow" means being fully immersed in a challenging task, with a sense of energy and enjoyment. Lawyers might find flow when they have enough skilled experience to know what they're doing and encounter a new challenge using their skills, as previously mentioned in this post. The founder of flow theory, Mihaly Csikszentmihalyi, created a … Continue reading More on flow and listening