Category: Smartphones

Client relationshipsEmotional intelligenceLegal communicationmindfulnessSmartphones

Preparing to listen

Preparing to write means adopting some kind of routine or even a ritual: get coffee, gather some pads and paper, sit down at the computer, procrastinate a little bit online, and then get to it. Preparing to speak means making notes, practicing to a friendly audience, maybe putting on a lucky piece of jewelry or a power tie.

 What does it mean to prepare to listen?

Last week I had the pleasure of presenting a CLE with communication consultant Jennie Grau and Canadian family lawyer and mediator Anita Dorczak for the Nebraska Bar Association in partnership with the International Listening Association. The ILA was holding its annual meeting in Omaha, which gave Jennie, Anita, and I the opportunity to collaborate in person on this outside-the-box-in-a-good-way CLE.

Based on attorney feedback, one of the most talked-about parts of the CLE was Anita’s segment on preparing to listen. She shared this checklist on Preparing to Listen, courtesy of Professor Nadine Marsnik and the International Listening Association where it is posted.

The checklist prompts thought on readiness to listen. Here is just a preview:

  • Are you physically prepared to listen?

Being hungry—or worse, “hangry”—is an example of not being physically prepared to listen.

  • Are you mentally prepared to listen?

Being mentally prepared means, in part, learning about the topic you will be listening to, so you can get the most out of what you will hear. 

  • Are you emotionally prepared?

Effective listening means the listener knows their own triggers and worries that may be distracting. It also means not judging a speaker for using poor grammar. 

During the listening CLE, Anita Dorczak also supplemented the checklist with a broader, more holistic kind of preparation: a brief, focused walking meditation. As someone who struggles to sit still and meditate, I found this walking meditation a more “do-able” format. And as Anita told the CLE participants, the beauty of a walking meditation is that you can take something you already do—walk, as in walk to chambers or walk to a client meeting or walk down the hall—and make it more mindful. After trying this meditation format just for a few minutes during the CLE, I could definitely understand how it calms the mind and could help with preparing to listen.

Jennie Grau and I presented on other aspects of listening such as models of what it means to listen, listen to understand versus listening to reply, and ethics issues related to listening. I’ll share more about that work in a future post.

Emotional intelligenceMentoringPeople skillsProfessional developmentSmartphones

Summer-associate advice

When I speak to summer associates, I always tell them they have two jobs:

  1. do great work and gain as many opportunities as possible within the employer’s organization, should they end up working there; and
  2. study the employer, lawyers and staff, and the overall culture to discern if it’s a good fit for them.

Listening will help with both of these jobs.

As far as doing great work, summer associates should start using their listening skills before the job starts. Use social media to “listen” (in the sense of monitoring) to what the employer is saying to the public. What topics seem to be interesting? Who’s writing? What tone do the lawyers use in their publications and social-media content? What personality do they project?

Summer associates should also talk to mentors about how to do a good job as a summer associate generally, and (from mentors within the organization) how to do a good job in that particular setting. Ask good questions, listen, and follow up with more good questions. Listen actively and paraphrase the advice back to the mentor sharing it. Take notes later, reflecting on the advice and assimilating it even more thoroughly. Send thoughtful follow-up messages that demonstrate listening skills and reinforce the relationships being built.

Once the job starts, listening skills are crucial during any meeting to take down an assignment. Beyond the basics like expected format and deadline, the assigning meeting offers so much more for the careful listener: the supervisor’s own baseline of knowledge in the area of law, attitude toward the case, expected answer to the assignment, expected difficulty of the assignment, general areas of confidence, and general areas of perceived risk. All of this information can be highly valuable in completing an assignment at a level beyond basic law-student competence.

“Shadowing” work such as observing a deposition or negotiation may not be a true assignment, if there is no deliverable work product. But during a shadowing experience, it seems crucial to display the highest form of attentiveness. Even if an attorney working on the case displays distracted behavior such as checking email on a phone, the summer associate should not feel free to reciprocate that behavior. Buying into the myth of reciprocity—the senior lawyer checked her phone, so it was appropriate and for the summer associate to do so as well—seems like one way to make a bad impression. What’s more important to a summer associate than the valuable opportunity to observe right in front of them? Unless they have a family crisis or already on a deadline for another supervisor within the organization and can explain that to the people around them, it seems likely that nothing is more important. On a more positive note, careful listening and good follow-up questions can actively show a person’s potential as a future lawyer.

Another opportunity to listen happens during a debrief on any assignment. This is the opportunity to accept constructive criticism gracefully, i.e. non-defensively and in a manner that makes the supervisor comfortable working with that summer associate again in the future. Another lesson is that sometimes (oftentimes?) in the legal world, feedback isn’t really helpful or specific. Or it isn’t there at all. Seeking out feedback and asking good questions show a dedication to professional development and professionalism generally.

Strong listening skills during the interview are likely part of the reason a summer associate got the job in the first place. Listening skills on the job are just as crucial, and actually even more so.

Here’s another post hitting some of these same themes and delving into more detail on listening for summer associates: https://listenlikealawyer.com/2016/06/01/listening-for-summer-associates/

 

 

 

 

 

 

 

Clinical legal educationLaw schoolLegal educationLegal skillsMoot Court

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 screen is some kind of behavioral habit. And the time students spend in law-school classrooms may be feeding that habit.

Yes, some professors ban laptops. Most do not. Yes, some law students use their laptops just exactly like a yellow legal pad and quill pen, never once checking any updated social media feed during class. But most do not. So just how much time do law students spend in front of laptop screens during a typical three-year JD program?

An estimate can be derived from ABA regulations for law schools, which I learned more about at the Legal Writing Institute’s recent conference for moot court advisors helped to answer this question. ABA Standard 311 requires 83 credit hours to graduate, 64 hours of which must constitute  “attendance in regularly scheduled classroom sessions or direct faculty instruction.” The broad topic of ABA requirements came up at the moot court conference because within this 64 hours, students graduating in 2019 and after will need six hours of experiential-learning credits to graduate. Moot court advisors from Oklahoma City College of Law, Mississippi College of Law, the University of North Dakota, and Ohio State University talked about the new ABA requirement for experiential learning.

That number—64 hours—is the key to answering my question about total laptop time.

Let’s use the ABA’s numbers to assume that a student takes only 64 classroom hours to graduate and the rest of the 83 comes from extracurricular activities, externships, and other types of educational activities.

Out of the required 64, let’s further assume six of those are experiential learning in a clinic or simulation, in which students should be closing their laptops and working closely with people a substantial portion of that time.

That leaves another 58 hours of course credit in lecture and Socratic law-school classes. Let’s assume the student uses a laptop during all of that time. Is this an unrealistic assumption? I don’t think so, but you can easily adjust the math below to reach estimates for 80 percent laptop usage or 60 percent laptop usage.

If we do assume the student opens a laptop for notetaking during all of these class sessions throughout law school, what’s the total time that student’s eyeballs will be on the screen?

A credit hour is 50 minutes of classroom time per week plus two hours of preparation time (ignored for purposes of this calculation). Each semester has 15 weeks, but one of those weeks can be used for exam review and exam taking. Thus the total amount of classroom time can be calculated as follows:

50 minutes a week,

14 weeks a semester,

multiplied by 58 credit-hours.

What’s the mathematical result?

40,600 minutes

677 hours

84-and-a-half business days

That’s a lot of time with eyeballs on screens. Taking notes in a law-school lecture may not be habit-forming like Candy Crush, but it’s still a behavior. Repeat a behavior enough, and you have a habit (colloquially defined). Walk into the room, take out the laptop, pop it open and turn it on. When the professor begins to speak, direct attention to the front of the room, and start typing. Listen for a while and keep up with class, typing notes in bullet and sub-bullet form vertically down a Word or notes page of some sort. Then a thought pops up about an expected email reply. Open a tab to quickly check. Keep one ear on the professor’s words and get them down. Close the email tab and return to the notes doc. Rinse and repeat.

The 58 credit-hours of classroom time make up almost two-thirds of a student’s academic time in law school. Assuming that a student gets excellent training and practice on interviewing (including listening skills) somewhere in the other 35 credit-hours, can that training and practice overcome the weeks, days, and hours spent looking at the laptop? Of course people use different communication skills and tools in a large classroom and a one-on-one interview. But are these communication habits so easily siloed and separated? What is the leakage—if any—between classroom listening habits and professional listening habits? As Will Durant said in paraphrasing Aristotle’s Nichomachean Ethics, “We are what we repeatedly do.”

This month tens of thousands of law students are shaking off their final exams and going out into the “real world” for summer work. At courts, agencies, businesses, and law firms, these personal laptops will largely be left behind. But what habits won’t be?

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Here are just a few of many recent articles on laptops in the law-school classroom:

Kristen Murray, Let them Use Laptops: Debunking the Assumptions Underlying the Debate over Laptops in the Classroom

James Levy, Teaching the Digital Caveman: Rethinking the Use of Classroom Technology in Law School

Steven Eisenstat, A Game-Changer: Assessing the Impact of the Princeton/UCLA Laptop Study on the Debate of Whether to Ban Student Use of Laptops during Class

 

 

 

Client developmentFact investigationLaw schoolLegal technologyPeople skills

Is attention personal or professional?

A law professor’s New York Times op-ed, “Leave Your Laptops at the Door to My Classroom,” prompted lots of discussion on blogs and Twitter. Should law students be told and required to close their screens and (to the extent this is even possible) pay attention in class?  Or should they have the freedom to decide whether to engage in behavior that may (or may not) hurt their learning, disrespect classmates, and create a distraction?

I think a hard question here is this:

Is attention personal or professional?

 

 

If attention is personal, then the student should have the freedom to decide whether and how to use a laptop. It’s the culture of American education to wax nostalgic about daydreaming, note-writing, talking to one’s neighbor.  The teacher takes countermeasures, seizing notes and flashing the light switch on and off. But there’s something heroic about the student’s personal quest for autonomy and freedom to think and stage whisper about . . . whatever. And even more so in law school, which is a professional school for grownups who (opponents to Rosenblum’s position argue) should be able to make the decision when and how to pay attention, and when and how to take notes.

If attention is professional, then law professors have a better argument on laptops. What is a law school? I googled this question and came up with a law review conveniently titled the same, by Prof. Stephen Wizner of Yale. Granted it’s from 1989, but this still seems like a decent answer for today:

What is a law school? That is a question that ought to have a fairly straightforward answer: a law school is a professional school for the education and training of lawyers. If we know what lawyers do – or ought to do – we should be able to design a curriculum that will prepare law students to carry out that professional role in a competent, ethical, socially responsible manner.

Paying attention is part of being competent and ethical. And, I would argue, seeming to pay attention is also part of being competent—or at least part of being able to attract and retain jobs and clients. Judicial ethics rules officially sanction “the appearance of impropriety.” On a far more unofficial level and a far more pervasive scale, potential employers and clients sanction “the appearance of inattention.” They don’t give jobs to candidates who don’t seem to be listening and paying attention in an interview. They don’t return more work to an associate who doesn’t seem to be listening and paying attention when meeting with a partner. And they don’t give their legal business to lawyers and law firms who don’t seem to be listening and paying attention in a “dog and pony” show to demonstrate their desire and ability to take on a new case.

This connection of the law school classroom to what lawyers actually do is part of Professor Rosenblum’s argument for banning laptops:

Students need two skills to succeed as lawyers and as professionals: listening and communicating. We must listen with care, which requires patience, focus, eye contact and managing moments of ennui productively — perhaps by double-checking one’s notes instead of a friend’s latest Instagram. Multitasking and the mediation of screens kill empathy.

Likewise, we must communicate — in writing or in speech — with clarity and precision. The student who speaks in class learns to convey his or her points effectively because everyone else is listening. Classmates will respond with their accord or dissent. Lawyers can acquire hallmark precision only through repeated exercises of concentration. It does happen on occasion that a client loses millions of dollars over a misplaced comma or period.

The importance of these skills leads him to the following conclusion:

My students need to learn how to be lawyers and professionals. To succeed they must internalize an ethos of caution, care and respect. To instill these values and skills in my students, I have no choice but to limit laptop use in the classroom.

The reaction of the legal and broader education communities varied quite a bit, from cheers to jeers. Personally I haven’t banned laptops. I like being able to ask people to quickly look something up as part of their interaction with my writing class, and I share materials on my course site that students can download and take notes on. This is a writing class—not a pretrial lit class with interviewing skills—so listening and paying attention are an implied but not explicit part of the class goals. If I were teaching an interviewing class, listening and paying attention and not looking at a screen would be very open and transparent parts of the evaluation and grade. But I’m not, and neither is Prof. Rosenblum as best I can understand. (He mentions a stilted, unproductive discussion in his class on sexuality and the law as the catalyst for his decision to ban laptops.)

So one way to ask the question is, how much does a professor assume the responsibility of teaching and valuing soft skills relevant to students’ professional success? This is both a question of traditional professorial autonomy and preference (how much does each professor actually want to do so) and of institutional decisions (should soft skills be pervasively taught and modeled; or cabined within certain dedicated classes and domains)? For example, a career services adviser should certainly be giving a student feedback on focus and perceived attention level during a mock interview. And any student who gets distracted by a smartphone in the midst of interviewing a simulated client—or heaven forbid, a real client—should be given a bad grade.

It’s perhaps ironic for a listening blogger that my decision arguably diminishes the value of listening in my own classroom. I don’t think—I know—that paying attention and listening will help students get jobs, get better assignments, and get clients. And paying attention and listening will help them do their jobs, exceed expectations on individual assignments, and lead clients to want to give them more work. I guess I want them to have the freedom to take notes and encounter the world of information necessary for my class using their laptops—while also developing the mental agility and personal willpower to appropriately switch back and forth from computer use to personal listening. Those who can do this are more likely to thrive professionally, and those who cannot are more likely to . . . not thrive.

So there is no clean answer and thus no single approach. Attention is both personal and professional. How law professors teach and train new lawyers will continue to hover delicately over that line.

Client relationshipsCross-cultural communicationEmotional intelligenceGenderLegal communication

Kairos in 2017

Killing time has never been easier, with smartphone settings that feed constant data and the average smartphone user checking it 85 times a day. But what exactly is being killed? How do we describe these moments lost?

One of the first books I read for this blog introduced me to the concepts of chronos and kairos timing. The book was Talk and Social Theory: Ecologies of Speaking and Listening in Everyday Life by Frederick Erickson. Yes, it is an academic work, but with some charmingly concrete moments. Anyone who’s seen a gunner in a law-school classroom will understand a term coined by the conversational turn-taking analysts: “turn shark.”

Erickson also explored the concept of chronos and kairos timing in communication study. Chronos (or kronos) is basically clock or calendar time. Chronos time is measured in equal bits and sequenced perfectly and inexorably one after the other. In contrast kairos timing is about “the opportune time” or “the moment of opportunity.”

Kairos is important to conversation study because mutual timing is what allows people to make sense together in conversations. Kairos moments in conversations are those where the conversation shifts, someone begins to contribute, a person speaking notices someone else shifting their gaze and notices the need for a conversation pause, and so on. Because conversations aren’t defined by automated turn-taking and timed exchanges, communications scholars find multiple kairos moments in conversational analysis:

Kairos is the time of tactical appropriateness, of shifting priorities and objects of attention from one qualitatitvely differing moment to the next….It is a brief strip of right time, marked at its beginning and ending by turning points.

Or, more poetically:

In kairos time there are kinds of time that are apples and others that are oranges. There is a time when rain will fall from a cloud, a time to attack the enemy in battle, a time to negotiate a truce, a point that is qualitatively different in time from the time in kronos just before.

Kairos can be a blessing or a weapon, according to Erickson, who summarizes meticulous moment-by-moment studies of various conversational settings, finding kairos moments of opportunity and of subtle and not-so-subtle power exchanges. A teacher tries to manage a group of students where a shy student continually loses her turn to a “turn shark” who incessantly interrupts. A medical intern and senior supervisor talk about an overdosed patient, with the supervisor offers a smile while implying the intern (who is African-American) might know something about buying illegal drugs. Using “hyperformality,” the intern refocuses the conversation with clinical language about the patient. These conversational studies were done years ago in the era of gas shortages and the Vietnam draft, but connections to today’s topics of gender-based “manterruptions,” cultural competenceimplicit bias, and microaggressions cannot be missed.

And for those kairos moments that are not a weapon but a potential blessing, the fact is they can be squandered. In Reclaiming Conversation: The Power of Talk in a Digital Age, Sherry Turkle details the effects of smartphones on in-person conversations:

The mere presence of a phone signals that your attention is divided, even if you don’t intend it to be. It will limit the conversation in many ways: how you’ll listen, what will be discussed, the degree of connection you’ll feel.

Urban Dictionary now includes a definition of the common, meme-friendly phrase “Wait, what?”:

“[a] phrase used to back the conversation up when you realize you weren’t listening.”

(See Resolve to Use Your Device as a Tool—and to Resist Being Tooled by It, Jack Pringle’s guest post here last week.)

Kairos is a useful idea not just for individual conversations, but also for effective storytelling and understanding broader social situations. In his book Point Made: How to Write Like the Nation’s Top Advocates, legal writing expert Ross Guberman implicitly criticizes chronos timing as a storytelling method:

Few things are duller than a paragraph stuffed with dates.

Instead, he shares a variety of techniques for connecting factual details into a series of meaningful moments. Although not using the terms chronos and kairos, Guberman shows how to play upon a reader’s conception of kairos, in the sense of “the right moment.” His examples show how a fact statement can suggest that certain events happened too slowly or too quickly—or that they shouldn’t have happened at all.

Explicitly applying the kairos idea to advocacy and litigation strategy, Professor Linda Berger explored kairos in Creating Kairos at the Supreme Court: Shelby County, Citizens United, Hobby Lobby, and the Judicial Construction of Right Moments. Berger uses her deep knowledge of rhetorical theory to provide context:

Through their use of two words for time, chronos and kairos, the Greeks were able to view history as a grid of connected events spread across a landscape punctuated by hills and valleys. In chronos, the timekeeper-observer constructs a linear, measurable, quantitative accounting of what happened. In kairos, the participant-teller forms a more qualitative history by shaping individual moments into crises and turning points. From a rhetorical perspective, chronos is more closely allied with the narrative accounting for—how long? what next?—while kairos is the more metaphorical imagining as—at what point? in what space?

The end of any year is an opportunity to make a kairos moment—and the end of this particular year brings to mind thoughts of a crisis or turning point. Berger shows that kairos moments are not passively experienced as one watches a ticking stopwatch measuring off equal seconds and minutes. Kairos moments are sensed and recognized, but they are also shaped. In rhetorical terms, Berger tells us, “kairos presumes that the author will intervene in history’s causal chain.”

So it’s the end of a year. It’s the end of 2016 specifically. It’s a moment of kairos time, or at least it could be—personally, professionally, socially, politically. For 2017, I propose a resolution: let’s not kill time.

 

 

 

 

 

 

 

 

Client developmentClient relationshipsEmotional intelligenceLegal communicationLegal technology

Resolve to Use Your Device as a Tool—and to Resist Being Tooled by It

2016-9-jack-pringle-croppedListen Like a Lawyer is grateful to share this post by Jack Pringle, a partner at Adams & Reese in Columbia, SC. Jack is a litigator, appellate advocate, and information technology attorney. He publishes on Medium and LinkedIn.

Introduction

It’s that time of year: reflection and some soul-searching about what to do differently when we turn over a new leaf on January 1st. Let me offer a modest proposal.

The New Body Part

Everyone reading this post has a smartphone. (Ok, Jared Correia does not have a smartphone, but the rest of you do). And chances are you are not going back to a flip phone, a bag phone, or a rotary dial phone hanging on the wall in your kitchen.

These cases require us to decide how the search incident to arrest doctrine applies to modern cell phones, which are now such a pervasive and insistent part of daily life that the proverbial visitor from Mars might conclude they were an important feature of human anatomy. — Chief Justice Roberts, Riley v. California.

And I know you have some legitimate uses for your device: very convenient to get things done at any time and wherever you are. Ridiculous amounts of computing power and broadband internet speeds and video and pictures and those GIF memes, emojis, etc., etc. I get it.

giphy

But I am pretty sure that none of us planned to be on our devices constantly, at least not in the way we actually use them. Be honest: when you are on your smartphone, how often are you doing productive things? And how often are you doing “unproductive” things intentionally?

I am not being a scold here. No one enjoys playing as much as I do. The question is whether you decided to play, or whether your device just happened to be there and you started swiping and typing.

Are You Using the Device, or Is it Using You?

Bright, shiny devices that are so easily accessible and so full of bells and whistles tend to hijack self-control. And left to our own devices (thanks, I will be here all week), we are likely to create our own little Skinner Boxes—with games, social media sites, and constant checking of all our information streams—all the while not knowing that we’re doing it.

Your attention is being sought and used relentlessly by those doing business in the online world.

If you’re not paying for something, you’re not the customer; you’re the product being sold”. — Andrew Lewis.

Technology as a Servant, Not as a Master

And when computer tools are using us, we don’t get a chance to determine the ways in which we can use these technologies as part of our “extended mind”- allowing computers to perform tasks that free up our minds to do higher-level thinking. That higher-level thinking is what is going to enable work and workplaces to continue to evolve as automation advances.

In other words, if you are going to have your device as another appendage, then put it to work for you.

Train Your Mind-Try Meditation.

Headspace is just so easy to use. And you can use it anywhere. At anytime. Carving out those quiet moments may create the space for you to see the way your minds works, and how these technologies have commandeered your attention and created the idea that you are so “busy” all the time.

And I certainly am a proponent of getting quiet—whether through meditation, getting outside, exercising, or undertaking other pursuits—and away from devices altogether. But I don’t think it is an all-or-nothing proposition. The key is to have the space and frame of mind to discern what tools to use and when. And to realize who or what is being used.

Give Your Mind a Rest.

See above. In addition, stop keeping all these ideas in your head. Use Evernote or a similar program to memorialize and organize things for later use. If the device is going to be with you at all times, at least take advantage of that fact. As the late great Mitch Hedberg remarked:

I sit at my hotel at night, I think of something that’s funny, then I go get a pen and I write it down. Or if the pen’s too far away, I have to convince myself that what I thought of ain’t funny.

Free Up Your Attention

Quit complaining that you don’t have time unless you have gotten smarter about the way you use your time. Try Boxed. Or Amazon Prime. The idea is to use your time and attention up to do meaningful things. An afternoon of shopping and hauling things around is not meaningful in my world when there are available alternatives.

Feed Your Mind

There has never been a better time to learn new things. And these devices make myriad information sources available to you at any time. Below are just two examples.

Listen to Books. It has never been so easy to have great content literally at your fingertips. Consider a subscription to Audible, and listen while you drive, work out, walk, or otherwise have downtime. If you are looking for recommendations, click here.

Listen to Podcasts. See above. Long-form discussion. Topics directly related to your profession, interests, or entertainment choices. Always available. Pushed directly to your device. You don’t have to do anything but click and listen. Podcasts for lawyers? Click here.

Conclusion

The age of machines (artificial intelligence, machine learning, autonomous vehicles, the blockchain) is only just getting started. The changes in the way we live and work are going to be significant (and arguably have already been significant). In order for humans to figure out where we fit in, we have to have lots of attention and figure out where to spend (pay) it. That means understanding these tools—their benefits and risks—and making sure we use them wisely and effectively.

GIF courtesy of GIPHY via Huffington Post

See Andy McDonald, 11 Ways Smartphones Are Not Making Us Any Smarter, Huffington Post (March 24, 2014)