Law School Academic Support Blog

Beware perfectionism in law school

I know lots of law students who are perfectionists.  In all prior learning experiences, they have been able to cope with this characteristic because the workload was not mammoth and the competition for grades was usually moderate. 

If you think about it, American society pushes bright students to be perfect.  We get into college by getting A grades.  We get into law school by getting A grades.  And, we are expected to get those grades while juggling lots of leadership positions and organization/team memberships.  In fact, we are encouraged also to get jobs on top.

Having to be perfect, however, is very stressful.  Why?  Because it is impossible.  No matter the prior accolades, there is always the lurking worry that one might not be perfect the next time.  One can never relax as a perfectionist.  Perfectionists tend to be unforgiving of their non-perfection: 95 is a failure; a missed response in class is an embarrassment of mammoth proportions; wrinkled jeans are shameful.

Some perfectionists have trouble beginning projects because of possible failure.  If one will not be able to write the perfect paper within the time period or with the instructions given, then why even begin?  And, if one delays, then an explanation for "failure" could be that one could have written the perfect paper if there had been more time.

Some perfectionists have trouble finishing projects.  It is hard for them to read and brief efficiently (because every detail must be understood before moving to the next case), finish their research and move on to writing (because there may be one more case out there somewhere), or finalize a paper (because it needs one more rewrite to be perfect).  If a perfectionist is also a very high-scoring sensing (detail) learner, the perfectionism may be exacerbated by that learning preference.   

The stress of being perfect is often accompanied by physical or emotional difficulties.  Stomach problems, headaches, insomnia, irritability, and depression are just a few examples.  The toll on self can be devastating. 

Perfectionists may also create tension in their work or family environments because of their expectations.  In a sense, the focus is on what is wrong rather than what is right.  A perfectionist may make an irritated remark to a group member who turned in the project with one typo.  A minor error by a professor becomes a major crisis resulting in unforgiving criticism of that person.  The apartment must be spotless at all times, and roommates beware of any transgressions.

Perfectionists can moderate the characteristic.  Here are some suggestions:

• reorient expectations from being perfect to doing the best one can do each day
• become aware of what situations trigger perfectionism and decide on strategies to moderate one's behaviors in those situations 
• set realistic time limits for projects and work within those time limits
• make realistic daily "to do" lists and keep long-term "to do" items on a monthly list to be transferred when appropriate to the daily list 
• avoid being consumed by one task (perhaps a memo) to the exclusion of other necessary tasks
• spread work out over the semester to lower stress and allow longer periods for studying for exams or completing an assignment
• focus on feedback to improve a grade rather than focusing on the "failure" of meeting one's expectation for a better grade
• do not place unrealistic expectations or criticism on others because of your own perfectionism
• practice forgiveness for yourself and others when "perfect" is not achieved. 

For those whose perfectionism is deeply entrenched and cannot be conquered with vigilance, consider working with a counselor at your campus counseling center.  You will not be the only one who has sought help for the problem!  Conquering perfectionism in law school will not only make you a happier law student; it will make you a happier practitioner as well.  (Amy Jarmon)      

Ways to prevent zoning out in class

Although the reasons for zoning out in class may vary for students, there are some techniques that work for many students so that they can stay focused.  All of the techniques have active learning in common.

1. Sit where you will be less distracted by hallway noise or classmates who chatter during class.   

2. Avoid the back rows in a large lecture hall.  These seat choices can be deadly because students feel less part of the class and tend to not pay attention.

3. Ask a question in class to stay engaged in the discussion.  If you are well-prepared you will not have to worry about whether it is a "dumb" question.

4. Volunteer in class rather than sitting on the sidelines.  Participation makes it impossible to zone out.

5. Whenever the professor calls on another student, answer the question silently in your head.  Compare your answer with the other student's answer and listen/watch for the professor's reaction.  You will be an active listener using this technique.

6. Avoid distracting yourself by surfing the net, emailing, or playing solitaire.

7. Prepare thoroughly for class and review for 1/2 hour before class.  You will be less likely to become confused during class.  And, you will be more confident about volunteering or asking questions.

8. List four or five questions that you hope the professor will answer during class so that you stay engaged listening for those answers.

9. If you take notes on your laptop but are a visual learner, keep a pad handy so that you can convert information into visuals that occur to you during class.  You can also capture the professor's graphics more easily. 

10. Get enough sleep during the week.  You should aim for 7 hours minimum.  Tiredness can cause you to zone out very easily.

11. Avoid distractions that you can control.  Wear layers so that you can adjust for classrooms that are too warm or too cold.  Carry light snacks to eat before class so that hunger will not distract you.  Stay hydrated so thirst does not have you wishing for the end of the hour.

Professors often draw out legal nuances in class discussion that students miss because they were not paying attention.  I even talk to students who missed out on discussion about the exam that other classmates clearly heard in class. 

Becoming a better listener is an essential skill in law school.  It is also essential in practice.  (Amy Jarmon)   

Anxiety over being called on in class

I vividly remember the first time I was called on in law school.  It was Contracts class.  I was well-prepared.  I opened my mouth to respond, and nothing came out.  It was probably only a few seconds, but it felt like an eternity.  Anxiety almost took over.  The ironic thing is that I had regularly done public speaking throughout my prior career.

When my students tell me that they have a fear of speaking in class, I empathize with them.  Sometimes it is just fear of a new situation.  Other times it stems from learning styels.  Students who are listeners rather than talkers with a high degree of reflective thinking in their learning styles are unlikely to jump in and rabbit on in class.

My 1L students who avoid class participation and internally gasp when they are called upon usually fear the Socratic Method and having all eyes on them in a large section.  However, 2L and 3L students also admit that they are reticent to speak in class.  The problem for them is that class participation often makes up some portion of their grade.  So, unlike the 1L student who can silently pray that she is not called upon, the 2L or 3L has to brave it and raise a hand or forfeit a chunk of the grade.

Here are some tips that I give to my students to help them become more confident:

• After reading and briefing (or taking notes if material other than cases is assigned), take a few minutes to synthesize your reading.  Then out loud explain the reading to an empty chair, the family pet, or an understanding friend.  Next think of the professor's usual questions and answer them out loud.  You can practice your answers and gain confidence by this recitation step.
• When the professor asks a question in class, answer silently in your head.  Then compare your answer to what another student says.  Listen to the professor's feedback.  You will probably find that you would have answered correctly.  Again, your self-confidence should get a boost from this exercise.
• Gain additional practice voicing your opinions, questions, and answers by talking in your study group more than usual, talking with a classmate about the material, participating in student organization meetings, or asking the professor questions on office hours.  The more you talk, the less apprehensive you will be. 
• Pick the class that you feel most confident in about the material and/or most comfortable with the professor/class size.  Prepare carefully for each class.  Write down one or two questions that you could ask in class.  Choose one or two of the professor's typical questions that you could answer.  In each class period for two weeks, make yourself participate once.  Then particpate twice each class period the next two weeks.  Continue to increase your participation over the semester. 
• After you have had success in one class, use the same methods in another class.  Be consistent about challenging yourself to participate every class. 
• If you find it hard to make yourself voluntarily participate, consider going to the professor for assistance.  Explain that you are trying to get over your fear of speaking in class and ask that the professor call on you some days.  Most professors are pleased when students try to confront their fears and are willing to help in overcoming the challenge.  

Law school is a "safe place" to gain more confidence in speaking in groups.  Practice is essential in developing a new skill.  As an attorney, you will be expected to speak up in meetings, hold client interviews, and lead case/project meetings.  Why not gain those skills in the law school environment?   (Amy Jarmon) 

  

Dealing with negativity

Stress and anxiety are increasing as the semester reaches the halfway point.  More students are mentioning that they are not sleeping well, cannot focus, are prone to procrastinate, and feel guilty or depressed about their academics.

In many of the conversations, students share with me the types of negative self-talk statements that cycle through their heads.  Here are some examples:

• Everyone else seems to "get it."  What's wrong with me?
• I am way behind and won't catch up no matter what I do.
• I will never finish this memo/paper with a good grade.
• I should be paying more attention to my boyfriend/spouse/ children/sick aunt and am such a bad person.
• I will never understand ________, so why not just give up.

Students often believe this internal negativity without any question.  Instead they should rebut the negativity and refuse to blindly accept it as true.  The rebuttal should take a more positive position and determine a strategy to resolve any problem.  Examples of rebuttals to the negative self-talk above might be:

• Realistically, I am not the only person who is confused.  I can get clarification from my professor/tutor/study group by asking questions.

• I am behind in my reading and have a strategy for catching up.  I'll stay current with my new reading and slip in back reading one case at a time next week.

• I will do my very best.  I have time for one more draft and several more edits.

• I am not a bad person.  I am balancing my time between school and personal obligations.  My family members and friends understand the importance of school.

• This course is hard, but I can learn it.  I shall spend some time today writing down my questions and talking to my professor.

There are other actions that can also assist in dealing with negativity in one's outlook.  By following some simple steps, life begins to look less awful:

• Get enough sleep.  At least 7 hours.  With appropriate rest, our brains are more alert and productive.  And problems do not seem as overwhelming.
• Exercise.  Exercise is one of the best stress busters.  By taking a break for some cardio, students renew themselves for the next round of studying.
• Eat nutritious meals.  Our bodies and brains perform better when we include more fruits, vegetables, whole grains, and lean meat or fish in our diets.  Junk food, sugary snacks and drinks, caffeine, and processed foods provide less nutrition.  And skipping meals is total no-no! 
• Surround oneself with positive people.  Avoid law students who are complaining, moaning, and groaning.  You can take on their negativity if you are not careful.
• Break larger tasks into very small steps.  You will feel more motivated and confident about completing a small step when the larger task seems too overwhelming.
• Take time to write down a "blessings" list for yourself.  Write down all the things you can be thankful for and read it whenever you begin to lose your perspective. 
• Remember that you are the same very bright and capable person who entered law school.  You are dealing with challenging material and are among others who are equally bright.  If you use the many resources available at your law school, you can learn more efficient and effective strategies for your studies that will help you succeed.
• Seek medical advice if necessary.  If the negativity makes you ill or turns into depression, go to a doctor or counselor for assistance.

Most law students feel overwhelmed at some point during law school.  However, it does not have to be an ongoing way of life.  (Amy Jarmon)     

Better briefing

The last few weeks have been busy with helping 1L students become more efficient and effective in briefing their cases.  In working with them, I have noted a number of common mistakes.  Here are some tips for avoiding those common mistakes:

• Think about the pattern of your professor's typical class.  What questions does your professor usually ask about the cases?  In reading and briefing the cases, use these questions as a guide.
• As you read the case, write margin notes condensing the points for the "natural chunks" within the case: fact paragraphs, procedural history, paragraphs on one precedent, a concurrence, a dissent, or other chunks.  These margin notes help you focus on the importance of each chunk as you read.
• At the end of reading, spend time analyzing the case as a whole before you write your brief.  Take all of the margin notes for the chunks within the case and put them together.  Why did you ultimately need to read the case?  How do the chunks fit together to explain the overall case? 
• Most professors use hypotheticals with changed facts to get students to think about applying the law in situtations that are different from the case.  If your professor does so, then spend some time thinking about how variations of the facts would change the outcome.  Include your thoughts at the end of your brief.  
• Your margin notes and highlights can supplement your briefs when the professor calls on you.  Include in your brief the essentials, not everything in the case.  Refer back to the margin notes or highlights if you need more detail.   
• Synthesize cases on the same sub-topic after you read them.  Why did you have to read each case?  How are the cases in the series similar or different?  How does each case fit into the sub-topic and larger topic?  Include the synthesis insights in your brief. 
• Use bullet points, numbered lists, abbreviations, and symbols to save time in writing your briefs.  Use phrases instead of sentences when possible.  Avoid including long quotes from the case in your briefs. 
• Remember that briefs are usually for your eyes only.  Therefore, brief in a method that is most useful to you.  You may need to vary your briefing for different professors' classes.
• Recognize that your professor may have a different slant on a case than the casebook editor, a study aid, or editoral notes from a case reporter.  If you have a pattern of missing your professor's perspective, ask your professor for some guidance.
• Use canned briefs only to check your own briefs.  You need to learn the legal analysis skills yourself rather than depend on a canned brief.  Canned briefs can be wrong, may not cover all of the points in the case, or may miss your professor's view of the case.

Law students become adept at legal analysis through completing briefs for their cases.  Too many law students are tempted to stop briefing because it is a time-consuming task.  Instead, they should strive to become more efficient and effective at briefing their cases.  Now is the time to learn the skills because lawyers in practice must read and brief cases expertly.  (Amy Jarmon)     

Top 10 tips for success in law school

Whether someone is just starting out as a 1L student or getting ready to enter 2L or 3L year, the following tips can help with both academic and personal success.  These are my top 10 tips out of several hundred that could be given.

• Have a restful summer.  Law school is hard work.  To get consistently high grades, law students need to work 50-55 hours a week outside of class.  It pays off to have a blissful and restful summer.  In addition to any work hours or class hours, have some fun.  Get lots of sleep.  Enjoy life.  Do at least some things that have nothing to do with law.  (And, if you are an entering 1L, do all things that have nothing to do with law.)
• Learn how to manage your time well.  Many law students become stressed and overwhelmed because they do not take control over their time from day one of classes.  Flying by the seat of one's pants worked well for most students prior to law school.  It is the road to self-destruction and mediocre grades in law school.  Set up time blocks on a weekly schedule for completing all tasks regularly: reading for each course, reviewing the material again before class, reviewing class notes within 24 hours to fill in gaps and condense, outlining weekly, reviewing outlines, doing practice problems, working on papers or other assignments.  
• Stop wasting time; that is, stop procrastinating.  Law students tend to waste enormous amounts of time if they do not have structured time management schedules.  Some of the big time wasters are interruptions from e-mails, instant messages, text messages, and phone calls.  Other time wasters are naps, errands, video games, TV shows, surfing the Web, and visiting in the student lounge.  Use these distractions as rewards after getting your work done rather than as time wasters to avoid work.
• Use memory to advantage.  Unlike undergraduate school, the courses that one takes in law school need to be remembered because of the bar exam and legal practice.  Cramming does not reinforce memory because the information never gets into your long-term memory "filing cabinet" and disappears once you regurgitate the information on a final exam.  Law school courses have an overwhelming amount of material that needs to be applied on exams and not just memorized.  Because we forget 80% of what we learn in 2 weeks if we do not review it constantly, review every week of the semester is the key to good grades on exams and retaining information for later use.  It is easier to regain use of information for the bar exam (and practice) if one learned it well to begin with and merely has to "brush up" rather than re-learn.
• Become efficient.  Efficiency is about making the best use of one's time.  Law students who constantly monitor how they are learning and hone their skills to be more efficient will excel.  Active learning techniques help one to become more efficient because one is using study time to learn rather than merely "do time" over cases or outlines.
• Become effective.  Effectiveness is about getting the best results out of one's studying.  Law students who constantly monitor what they are learning and hone their skills to be more effective will excel.  Using learning styles to advantage will help one to become more effective.   
• Take responsibility for your own learning.  In law school, you will not be spoonfed by your professors.  They will expect you to read in-depth, to review material, to ask questions if you have them, and to practice application of material on your own. 
• Monitor your own learning.  Always as yourself questions to determine how well you understand the material.  Always evaluate your study habits to see what is working and what is not.  Then determine the changes you have to make.  Professors, tutors, and the academic support staff can all assist you in becoming a better student.
• Undertake some pro bono or volunteer activities.  Whether you help with local legal clinics, build a house with Habitat for Humanity, or walk dogs at the local animal shelter, you want to get active helping others.  Why?  First of all, it helps you to remember how fortunate you are instead of becoming depressed by all the work in law school.  Second, it helps you become a better lawyer because you gain empathy for others and a routine of service to others.  Third, it helps you feel more connected to your law school's community which is most likely not your own home town.
• Take good care of yourself.  Get a minimum of 7 hours of sleep.  Eat balanced meals rather than junk food.  Exercise several times a week.  Laugh every day.  Give yourself rewards for a job well done.  Law students often defeat themselves by getting liittle sleep, eating poorly, never exercising, and constantly focusing on the negative.

It is possible to do well in law school AND have time for oneself.  However, law students often fall into extremes - playing too much, sleeping too little, waiting until too late to do the work.  And, when they get in trouble, they often refuse to ask for help.  Do yourself a big favor and get help when you need it.  (Amy Jarmon) 

The Search for Shortcuts

Research shows that doing one's own work creates deeper understanding of the material, greater retention, and better ability at applying the information.  However, one should always be encouraged to be efficient and effective in learning.  However, being efficient and effective is drastically different than taking shortcuts.

Misguided law students are always searching for shortcuts.  They think using canned briefs or someone else's class script or outline is the way to go.  However, shortcuts only short circuit real learning.

We all know that canned briefs may be wrong or take a different perspective on the case than the professor will.  In fact, I know of a law professor who has studied the canned briefs for the course and knows which ones are wrong or misleading  When a student is called on and begins to spout one of the canned briefs, the professor strings the student on and then declares at the end of the student's brilliant discourse that she used a canned brief which was incorrect. 

We would like to think that no professor's lectures would be so consistent as to be repeated word for word each year.  However, class scripts are prevalent at law schools.  No doubt there were handwritten versions before computers became vogue.  Class scripts can be wrong even though they are supposed to be absolute transcripts.  Class scripts will change when a professor chooses a new textbook, incorporates new cases or topics to reflect legal events, or decides to take a new approach.  Although students tell me they "update" the script when something new is said, I suspect they do not listen as carefully in class because they think they have it all.  Reading a script is not active learning compared to taking one's own notes.  Learning style differences may make the use of scripts even more troublesome for the student.

Students share outlines with one another as a pre-semester ritual.  Outlines from others share many of the same flaws as class scripts. Certain law school organizations are "must joins" because they have the best outline archives.  Technology has changed this ritual from dog-eared photocopies to downloads or CDs.  What amazes me is that students never ask questions to check out the product when they take an outline.  Students at every grade level in a class are generous with outlines.  After all, they do not want you to know their grades usually.  (One organization source told me they only accept outlines from "A" and "B" students.  But, last time I checked, the Registrar was not verifying those grades for anyone.  I personally know of many cases where students think that a fellow student is brilliant when the person is on probation or tell me how poorly that student did when she got a 3.0 or better.)  

However, I find it especially intriguing that there are internet databases that provide outlines to law students from every law school across the country.  First, why would you choose an outline from a database that you know nothing about?  Second, with outlines so available at every law school, why go outside your hallowed halls if you want to take a shortcut?  Third, why would you trust a database that is not even remotely connected to your school to be up to date?  I checked out the Texas Tech database for one site.  A number of outlines are for professors who have not taught at the law school for several years.  I am sorely tempted to ask my colleagues to rate the outlines for their courses and let me know the results. 

Mind you, I am not against a student comparing her brief, class notes, or outline to other sources.  I am not against students using study aids to supplement their own learning.  Where students get in trouble is when they expect others' efforts to substitute for their own in-depth processing and learning.  

Sadly, many students who use shortcuts never live up to their academic potential.  I know from my own law school career and practice that the students who have a reputation for always cutting corners in law school often have that reputation follow them into practice.  (Amy Jarmon)        

Some Thoughts on Law School for Non-Traditional Students

Whether they are attending full-time or part-time law programs, non-traditional students with families have some unique challenges.  Unlike the single law student who can choose when to study and how long to study without considering others, the non-traditional law student is always balancing other lives in the law-school scenario.

Consequently, the spouses or children are also "going to law school."  They are as much a part of the experience as the law student.  For that reason, the law student and family members have to be committed equally to the process.  There have to be communication, compromise, and courage from all concerned for the law school experience to be successful both academically and personally.

First and foremost, the non-traditional law student has to decide that sacrificing the marriage/partnership or the children is not an option.  Family matters.  Divorce from a spouse or behavioral problems for the children should not be the outcomes of law school.  

So, how can the non-traditional student with family manage law school and family without faltering on either component.  Here are some suggestions:

• Agree with family ahead of time as to the commitment that everyone has to this career path.  If it is not the right time for the family, then delay may need to be chosen.  There may never be a "perfect time," but some times are definitely more conducive than others for going to law school.
• Discuss compromises and workload shifts that may be necessary.  Consider the following:
  • What effect on finances will occur because of law school?
  • What changes in lifestyle will be required?  Moving to another city?  Finding another job for the spouse?  Downsizing to an apartment?  Moving schools for children?  Altering childcare arrangements?   
  • What changes in family time may be necessary?  How can quality time be increased even if quantity is decreased?
  • What changes may be needed in family schedules to accommodate law school?  When will meals be scheduled?  When can quiet time for studying be scheduled?  How much time will older children be responsible for themselves and possibly for younger siblings? 
  • What changes may be necessary as far as distribution of chores?
  • What changes may be necessary as far as community organizations and social time with already established friends?
• Realize that everyone will need to remain flexible as law school is experienced.  Until one is in law school, one cannot anticipate every challenge.  First year is often very different from second and third years because of the newness of the workload and study methods.
• Explain to close friends and relatives why law school will be different and how they can help.  It will take them time to adjust to seeing less of the law student.  Avoid letting guilt interfere with what must be done academically.  If necessary schedule time for these folks that fits a necessary study schedule (but do not tell them they are being scheduled!).  
• Attend any Orientation programs, panels, and social events that are provided for non-traditional law students.  These program aspects often provide tips and support for the family members as well as the law student.
• Work with the Academic Support staff member at the law school on time management to come up with an optimal schedule that includes lots of quality study time with quality family time.  Put a copy on the refrigerator so that the family knows when their law student is in class, studying, or available for fun.
• Work with the Academic Support staff member at the law school to become the most efficient and effective law student possible.  Being efficient and effective is different from taking shortcuts.  There are many strategies for getting the best results from studying in the least amount of time (effective and efficient).  Shortcuts are cutting corners for less results in less time.
• Determine the best places to study for the specific family situation:
  • at the law school so home time is for family
  • in a separate den or study at home
  • after work at the office on non-class evenings (if part-time)
  • some combination.
• Realize that the law student may initially have to withdraw from some community obligations or at least not take on new obligations.  A Little League coach may need to become an assistant coach or an enthusiastic spectator.  A Girl Scouts leader may need to become the back-up rather than the leader.  Teaching a new Bible Study may need to be delayed until summer or passed to someone else.
• For married and partner relationships:
  • join the law school's student organization for families
  • attend the organization's social events and meetings to gain a support system
  • find out if the organization provides childsitting, meal swapping, or other services
  • ask for help if relatives live nearby.
• For single parents:
  • investigate that law student organization for families as mentioned in the list above
  • get to know neighbors who may be able to "pitch in" if a class or study group runs late
  • find out what school and community clubs and teams are available for after-school activities
  • befriend other law students who are child friendly and will help if the student lounge is the only place a child can wait until a law class is over
  • ask for help if relatives live nearby.
• For children old enough to understand the importance of study time:
  • remember that their law student is now their role model for the importance of education
  • explain how they can help in their law student's academic success
  • consider having older children help in study tasks such as drilling with flashcards, discussing interesting cases, or other tasks
  • provide quality time for them to have one-on-one time to discuss their own academics and interests.
• For children too young to understand the importance of study time:
  • swap child-sitting time with a neighbor or another law student to gain quality study time in blocks
  • provide games, videos, and other amusements to gain some study time
  • take breaks with the children as a reward for their letting you complete tasks
  • come up with a child friendly way to let them know when studying is in progress (one family set up a red light, yellow light, green light system on the parent's home office door)
  • squeeze in studying during nap time and after bed time for the children
  • provide quality one-on-one time when they know nothing else is the focus. 
• Law students who will be working full-time will have that additional time commitment.  A boss committed to the degree is a real boon.  Co-workers committed to the degree are also a plus.  Planning ahead is essential:
  • vacation time for exam studying,
  • flexible hours to match class times, 
  • project distribution and deadline flexibility, 
  • permission to use "down periods" for studying.

Non-traditional law students are used to succeeding effortlessly in careers.  Many of them will have completed other graduate degrees before law school.  Most have outstanding records of community service. 

Some of them will mesh into the law routine without problems.  Others will find the changes daunting at first.  Most will find that their families' adjustments may be harder because law school is not easy to understand if one is not in it.  Flexibility, perserverence, and love can pull all of them through the experience and make that walk across the stage a family celebration.  (Amy Jarmon)      

Rewards as Motivators

Law students may find that providing themselves rewards for task completion during final assignments and exam studying will keep them motivated.  Students should match the reward to the accomplishment: large rewards for large tasks completed; medium rewards for medium tasks completed; and small rewards for small tasks completed.   

Students can determine their own definitions of large, medium and small tasks depending on difficulty of course material, type of assignment, and length of the paper.  In addition, students will differ as to the content of the motivators depending on their own tastes and lifestyles.

Here are some ideas to help students generate their own rewards lists:

SMALL REWARDS:

• Ice cream for dessert
• Chai latte on the way to school
• Popcorn snack mid-afternoon
• Chat in the student lounge for 10 minutes
• Sit outside and work on one's tan for 10 minutes
• Check e-mail for 10 minutes
• Walk around campus for 10 minutes

MEDIUM REWARDS:

• Watching a 1/2 hour sitcom.
• Phoning a friend for 30 minutes.
• Lunch with a friend in the student lounge
• Video games for 30 minutes
• Free cell for 30 minutes
• Playing Frisbee with the family dog
• Reading a story to a child

LARGE REWARDS:

• Lunch or dinner at a restaurant
• Going to the cinema
• Reading the Sunday paper cover to cover
• Reading a novel for several hours
• Taking a drive in the countryside
• Buying a new cookbook
• Taking one's children to the park

The rewards are only limited by the law student's imagination and finances.  By having something to look forward to, it is easier to persevere and finish a task.  (Amy Jarmon) 

    

Learning Life Skills

Many law students are surprised when I announce some of the topics that we will work on in our weekly sessions.  They expect me to talk only about reading and briefing cases, outlining course material, and taking tests.  Instead, I add a number of life skills to the list: managing time, curbing procrastination, using learning styles, promoting memory, and managing stress.

At first some students are skeptical that these skills will have much impact on their grades.  However, as we explore these topics, my students begin to realize that law school is not just about torts, contracts, wills and trusts, or other legal topics.  Yes, the legal course material is important; it is not everything for success, however.

I meet some law students who are intellectually bewildered by legal analysis and unable to succeed.  But more often I meet students who are unable to tap their potential because they do not know how to set up a serious study regime for a very different intellectual challenge. 

Law school is not as much of a special place for special people as some would like the outside world to think.  Yes, it is difficult.  Yes, you have to be intelligent.  Yes, you have to be committed.  But, no, you do not have to study round the clock, lose sleep, and never see your family or friends.  The old adage about studying "smarter" does hold true.   

Time management is critical to good law school grades.  A rigorous time management schedule can help students make time for all of the different tasks: reading and briefing, reviewing before class, making outlines, reviewing outlines, memorizing rules, applying the law to practice questions, and writing memos or papers.  Most of my students who go from poor or mediocre grades to high grades will study outside of class for 50-55 hours per week.  Most of these same students were used to studying less than 20 hours per week outside of class when they came to law school.  Although "front loading" one's studying sounds daunting, it works far better than the alternative of cramming.  Consistent time management throughout a semester is rewarded by deeper understanding of material, greater retention of material, more sleep, less guilt, less stress, greater life-school balance - oh, and better grades. 

Procrastination is highly prevalent as I mentioned in my posting last week.  A number of strategies can be implemented by students to chip away at their procrastination tendencies.  Curbing procrastination means better time management.  Better time management means less procrastination. 

We rarely enter settings where material is presented specifically for our precise learning styles (absorption and processing).  However, if students know how to use their own preference combinations, they can learn more efficiently and effectively because 1) they know how to convert material to their own advantage and 2) they can use strategies to learn when they are confronted with their non-preferences.  Furthermore, they can adapt their learning style strategies for group or "solo" learning.

The student grapevine thrives on study myths that fly in the face of research on memory.  By understanding how memory works, students suddenly realize the disadvantages of cramming and depending on working memory (aka short-term memory).  Unlike undergraduate education where they had a number of courses they saw as superfluous to "real life" and unworthy of memory retention past the exams, most law courses have a longer "shelf life."  When I mention that good memory work during law school can mean less re-learning of material during bar review or later legal research, the light bulb goes on for students.

By proactively using all of these other life skills, students are able to lessen stress.  Learning additional methods to cope with stress can increase their resilience in any stressful environment.  Life balance becomes easier to attain when life skills come into focus.

Being more successful in law school is usually enough incentive for law students to tap their potential.  However, when I talk about how these same life skills will benefit them in the daily world of legal practice, the skills take on another meaning.  Any attorney can expound on time management, procrastination, learning style differences in meetings/teams, retention of the law, and stress.  If one gains good life skills during law school, one's life after law school will be far more pleasant.  (Amy Jarmon) 

       

The Prevalence of Procrastination

Many law students suffer from procrastination.  In fact, some of them have perfected procrastination beyond my wildest imagination.  The reality is that many of them were able to procrastinate throughout college without any adverse effects (at least not on their grades).  When they arrive at law school, they assume that they can get the same good grades without changing any of their habits.

As I have been working with a new crop of students who need to change their strategies and curb procrastination, I began thinking about the favorite ways that students procrastinate.  Here are some of the top contenders:

• E-mailing, instant messaging, and talking on the cell phone.
• Taking naps for three or four hours.
• Hanging out in the student lounge.
• Running random errands so that every study hour is interrupted.
• Organizing a study area until it is immaculate.
• Cleaning the apartment/house so that it is spotless.
• Major painting or re-decorating projects.
• Using a family pet as an excuse to go home and do nothing ("I had to let the dog out.").
• Attending every student organization meeting and speaker (whether or not interested).
• Watching every mindless TV program available after a "must see" 1/2 hour sitcom.
• Working on their abs daily for multiple hours.
• Blaming everything on their computer (the modern version of "the dog ate my homework.")
• Asking everyone they know if they have started an assignment (as long as one other person has not, permission to procrastinate is present).
• Visiting everyone in the library to talk about the latest law school gossip.
• Scheduling long weekends to go skiing because the snow is just so perfect in Colorado.
• Joining another community or organization committee with major time commitments.
• Surfing the net for information on anything.
• On-line shopping for anything useless, unwanted, or unaffordable.
• Endless thinking about a project, task, or deadline.
• Focusing solely on one's job hunt (forgetting that an employer may well look at grades).
• Planning a wedding (usually the student's), a baby shower (usually for Aunt Jennie's neighbor's daughter), or a family reunion (usually a year away in a different state with contentious relatives).

When I point out the effects of their procrastination methods, some students are surprised that there is any connection between their behavior and their grade performance.  When I suggest practical ways based on common sense to avoid the procrastination, they are surprised at how simple the techniques are to avoid procrastination.

We all suffer from procrastination at times (at least if we are normal and telling the truth).  An occasional transgression is understandable.  When procrastination becomes a major lifestyle, it has gone too far.  (Amy Jarmon)

Aesop's Fables for Law Students III

The final re-written Aesop's fable is probably less well-known than the other two that I chose.  The original fable is about a cat that has only one method of defense in danger and a fox that prides itself on its many options of defense.  When the hounds get close, the cat runs up the tree to safety.  The fox dithers about which option to use and is caught and eaten.

The Cat and the Fox:

Cat is known for adaptability, but lives day by day and task by task.  Cat reads all the cases, takes notes, outlines material, and talks with the professor.  Cat always attempts to understand material by thinking about the cases, the sub-topics, and the topics.  When perplexed, Cat draws down from the library shelves one study aid on the subject to gain more understanding.  Sometimes Cat uses different series to help with studying, but always realizes that study aids are supplements to his learning.  After additional reading and pondering, Cat goes to the professor if still confused.  Cat thinks and thinks about the material read and discussed.  After time, Cat smiles and nods his head in understanding.

Fox is known for being one of the most clever, but always seeks another option.  Fox reads the canned briefs, uses a class script, uses outlines guaranteed to be from A students, and never meets with the professor.  Fox avoids personally thinking about the cases, the sub-topic, and the topics whenever possible.  Fox goes to the library shelves and pulls down several different study aids explaining the subject.  If those study aids do not state the answers, Fox pulls down more study aids.  Soon Fox is surrounded by study aids but does not know any more than when the first was used.  Fox is disgruntled that nothing states exactly what to know and how to know it.  After time, Fox fumes and shakes his head in disgust.

One day Cat and Fox are seated next to each other in the student lounge.  "Do you understand Topic X, Cat?"  "Why, yes, I do.  X means...."  "But I have scanned multiple study aids without understanding X!  How did you understand it?"  Cat mulls over the question and responds, "I only have one way to learn and that is to think, and mull over, and ponder.  Even with other resources, I still must do the laborious thinking to make the knowledge my own."

Moral:  Having multiple resources will do a law student no good if one's natural intelligence to think about the material is ignored.  Study aids are useful supplements to help in thinking, but one must still do independent thinnking to learn.  Use study aids wisely.  Avoid shortcuts that undermine thinking.  (Students do not have to settle for shortcuts and can select more successful strategies.)

I might add that I am a strong proponent of study aids.  My office actually has an extensive study aids library for students to use.  I carry the major series of study aids - most of which are written by law professors.  However, I avoid study aids that are designed merely as shortcuts.  I do not carry canned briefs, for example, because students use those as replacements for reading and briefing.

My office provides a handout on wise use of study aids.  I also spend time talking with students about which study aids will best match their needs.  Our 1L Tutors also advise students on study aids that are appropriate for individual professors.  A number of professors recommend study aids in their syllabi.

Although I am in favor of study aids, I encourage students to make their own briefs, outlines, flashcards, graphic organizers, and practice questions.  I advise students to use study aids as supplements to their learning rather than being "study aid dependent" in their learning.  I remind students that they should learn their professor's version of the course for the exam.  I warn them that commercial aids may be wrong and, with a few exceptions, will not cover Texas law. 

Why do I encourage study aid use and have a study aids library?  There are a number of reasons. 

• Casebooks are often bereft of previews, summaries, questions, and problems that can assist in student learning.  Even students who work very hard at their reading and briefing will not always be able to understand the material.  Study aids can add background that a student is unable to get alone. 
• No matter how good the professor is, some students need a different approach to the material.  Students learn differently; and as a result, need to study differently.  Some students need an overview first.  Some students need summaries after learning the parts.  Some students are weak aural learners.  Some students learn from application.  The professor's teaching style is legitimate, and the students' different learning styles are also legitimate.  Study aids can bridge any gap between the two.
• Some students are unable to articulate their questions for the professor until they have a general understanding of the material.  Study aids can facilitate their understanding so that they are then able to approach the professor and articulate their specific gaps in understanding. 
• Practice questions are essential to students learning how to apply the material.  Unfortunately, most professors provide limited practice questions to their students.  There are a number of practice question books that can provide application experience for students throughout the semester as well as when they prepare for exams.
• Study aids are expensive.  Not all students can afford to purchase them - even the ones recommended by their professors.  Because study aids can serve as positive supplements to student thinking, having a study aids library for short-term use allows all students access to the main series.  Those students who are considering purchases can "test drive" several study aids to match the purchases to their learning styles and the professor's course. 

Study aids can bridge the gap in understanding material.  However, students still need to use their own thinking ultimately to learn the material.  (Amy Jarmon)   

Aesop's Fables for Law Students II

I have included below the second of the Aesop's fables that I wrote for my law students in my weekly tips e-mail.  Most of you will probably remember the original version of this well-known fable.

The Tortoise and the Hare:

Tortoise methodically thinks about every question and topic: considering the rules for each issue, laying out every step, and providing relevant details to analysis.  Tortoise often answers questions in class slowly.  Tortoise mulls over remarks in study group and is never quick to answer.  Tortoise sometimes worries because the Hares seem so adept in class or study group when answering questions.

Hare can think on his feet adroitly and is never at a loss in class when called upon by the professor.  Hare gets to the point rapidly without wasting words or time on aspects that seem unimportant.  Hare is often perplexed why Tortoise is so slow when the answers seem so obvious.  Occasionally Hare is asked by the professor for more information, but Hare has never actually been wrong on an answer.

Exam period arrives at last.  Tortoise carefully reads the instructions, reads each word of each fact pattern, and takes time to make an "outline" of each answer before writing.  Tortoise allots the maximum time for each question and moves to the next question when that time is up.  Tortoise stays to the end of the exam and finishes with only minutes to spare.

Hare ignores the instructions, sizes up the fact patterns quickly, and begins writing furiously within minutes of reading a fact pattern.  Without making many notes, Hare juggles all of the rules and facts in his head.  Hare sees that the issues and analysis are obvious for the right conclusions.  Although it is a four-hour exam, Hare crosses the finish line in a mere 2 1/2 hours.  Looking around the room after turning in the exam, Hare is astonished that nearly everyone else is still writing furioiusly.  Hare chuckles, congratulates himself on his right answers, and leaves the room.

When grades come back, Hare is startled to receive only low C grades.  During exam reviews, Hare finds out that the model answers have more detail, give in-depth analysis, and are more organized.  The professor's comments on the exam indicate that Hare's answers were "conclusory" without sufficient analysis and that Hare did not use the format in the instructions.  And, to Hares's astonishment, his "right" conclusion received only one point.

Moral:  The highest grades do not always go to the swift in exams or those who are most adept in class.  To do well on exams, a law student must read the instructions, spot the issues, state the law accurately, connect the dots in orgnaized analysis, and use relevant details and facts.  (Students who are too quick off the mark can learn how to correct exam-taking errors with new strategies.)

For those ASP readers who saw my earlier three columns on the processing learning styles (October 8, 9, and 13, 2008), you will recognize that Hare would be a very high scorer on the Global-Intuitive styles, and Tortoise would be a low to moderate scorer on the Sequential-Sensing styles.  (Amy Jarmon)

Aesop's Fables for Law Students I

As I was contemplating some common student problems recently, I realized that Aesop had covered similar behaviors in some of his fables.  So, I rewrote some fables to apply to law students and distributed them through my weekly study tips column.  I thought that the fables might be of interest to others, so I shall include a fable in each of my next few postings.

The Ant and the Grasshopper:

The Ant works all semester long at studying for exams and spends hours reveiwing knowledge to store it away in long-term memory.  The busy ant reads for every class, reviews before class, makes personal outlines, goes to the professors with questions, reviews all outlines regularly, and practices many questions to apply the material.

The Grasshopper visits with friends over long lunches and dinners, goes away on weekend trips for fun, spends hours on weight training, attends a variety of organizational meetings, and volunteers for multiple committees.  Having been called on for the semester quota in all classes, Grasshopper merely scan reads the cases for class.  Grasshopper delays outlining because it is such drudgery.

In October, Grasshopper sees Ant in the library yet another day.  "Why do you toil so diligently on learning the law, Ant?"  "Because I want to understand and remember what I learn, Grasshopper."  "But that is so much work, Ant.  Surely, you are overdoing it!  I shall enjoy the semester far more than you and still have time for learning closer to exams."

Ant has reviewed all but a few days of new material when the exam period begins.  Thre is plenty of time for more practice questions.  Ant is not stressed because the work has been done over several months.  Ant gets A and B grades on the exams.

When Grasshopper gets to exam period, a frightening amount of material is still unlearned.  Grasshopper is anxious in the exams and cannot remember some rule variations because short-term memory is fuzzy.  Grasshopper cannot choose the "best" answer on multiple-choice questions because the nuances are beyond his understanding.  Grasshopper gets only low C grades and mourns that "The Great Middle of the Class" will be his eternal destiny.

Moral: The law student who works hard throughout the semester will reap rewards including less stress.  The law student who plays away the days will reap lower grades than could have been earned with diligence.  (Procrastinators can morph into consistent studiers by changing study habits.)

At the end of the weekly e-mail, I always encourage students who are having problems with that week's skill to make an appointment for assistance.  A number of Grasshoppers have taken advantage of individual appointments since the posting.  (Amy Jarmon) 

Taking Stock

Most law schools are in their fifth or sixth week of classes at this point.  As I talk to students, I find that many of them are in pure survival mode.  They are hurtling through the semester without any conscious thought about what they should be doing next in their studies. 

Many are merely reading for class and doing no additional thinking about the law.  Most of the students have not looked at their class notes since taking them.  Outlines vary in completeness from non-existent to a month behind for many students.

It is critical that students take stock now because they can still retrieve the situation and gain control.  One-third of the semester is over.  However, for most students, the completed coursework can be reviewed and condensed into outlines in 10 hours or less per course (especially true for 1L students whose professors go slowly the first two weeks to get everyone into the routine).

Here are some tips that I offer students who have not yet focused beyond survival:

• If the entire outline for a course seems too difficult of a task, then focus on the first sub-topic.  Move on to the next sub-topic and so forth.  The trick is to BEGIN.   
• If your professor does not provide a syllabus that is structured by topics and sub-topics, the general table of contents of the casebook can provide the structure.  Do not structure the outline by case briefs.
• Remember that your outline is your master document for exam studying and should provide the overview of the course, the inter-relationships of the material, and the essentials stressed by your professor.
• If at all possible, condense material BEFORE it goes into your outline.  Wholesale inclusion of every brief and every word in class results in overwhelming detail and obscuring the bigger picture of the course.
• Unless you are dealing with a major case, cases are likely to be mere illustrations of the rules, elements, factors, or policies that you need to know.
• Where appropriate, condense material by using graphics.  For visual learners, a picture is truly worth a thousand words.
• Avoid the shortcut of using another student's outline or a commercial outline instead of making your own.  You gain deeper understanding and greater retention by processing the material yourself.  Other outlines can be useful to suggest a format or to check completeness after you have finished your outline - but match your outline to your professor's course.         
• Set a deadline by the end of this next weekend to have your outlines caught up in all courses if possible, but at least in 3/4 of your courses.  Complete any other outlines by the end of the following week.
• Have a goal of outlining new material every week once your outlines are current.  You will not have to re-learn material to outline if you do it regularly and you can begin your exam review earlier.

Students often fail to understand that outlines left too late in the semester will make it impossible to learn and retain all of the information before the end of the semester.  And, the longer students wait to begin their outlines, the more likely they are to be sidetracked by papers or projects that seem more pressing.  (Amy Jarmon)

Contemplating learning and squirrels

My third-floor office has a window that looks out at two substantial trees separated by a road.  One large limb is close to the adjacent wing which is a good 50 feet of angular brick walls from my window.  The closer branches from both trees are such frail twigs that they cannot support the weight of even a small bird.  And, during the constant winds of West Texas, all of the branches whip around except for the supporting trunk and its main limbs.

The law building here at Texas Tech is built out of brown brick with walls that are straight horizontal and vertical stretches.  Except for the grooves of mortar between the bricks, there is nothing to hang on to at any point.

So why am I telling you this?  Well, I am looking into the eyes of a squirrel that just traversed over 50 feet of brick wall to look in my window.  I have seen other squirrels traverse the same expanse on prior occasions.  No, they are not flying squirrels.  They are just your basic, ordinary, unremarkable, every day squirrels.

I am never sure whether I am more startled when I watch them make their way over the expanse or when they suddenly peek around the edge of my window and contemplate me before moving on to the next wall and an alluring flat roof nearby.  Some days, I am amazed as they cling to tiny branches in gusty winds before they leap to a sturdier branch near the brick expanse of the other wing.  In nearly four years, I have never seen one fall from the tiny bobbing branches or from the steep walls.

It is hard to relegate their ultimate accomplishment after their treacherous trek as being nothing more than too little brain and too much agility.  I have to admire their determination to get to a ultimate destination for whatever purpose they have in mind. 

My law students have a destination known (if not a specialty or dream job) and a purpose in mind (helping others, making money, or other reasons) when they arrive as first-year students .  Many students keep both destination and purpose clearly in mind as they traverse three years and the bar exam to arrive as newly minted attorneys.

When I speak with students who are struggling personally or academically with law school, I find that some will handle the obstacles like the squirrels outside my window handle their obstacles.  However, other students will not be as successful.  The squirrels make it to the distant roof beyond my window because they exhibit certain characteristics:

• The squirrels leave the safe, broad tree trunk and sturdy lower branches to venture into the unknown reaches of small twigs and brick wall.  Squirrels seem to love a challenge.  The law students who make it all the way to their goals are the ones who can let go of the safety of past study habits and past academic competence to venture into the smaller branches of new study habits and uncomfortable ways of learning.  We can coach our students to let go and grab on to the new ways of learning, but ultimately they have to venture out of their safety zones.  The ones who do so will be better students and better attorneys as a result.
• The squirrels hang on to the small twigs and do not let go when the wind gusts.  Squirrels seem to have tenacity in adversity.  Law students often feel like they are being buffeted by strong winds.  They feel knocked off balance by the overwhelming amount of work, the research and writing demands on top of substantive courses, the strange way of thinking like a lawyer, and their sudden insecurity in their academic surroundings.  Some law students stop trying to go any farther in their climb for success.  They assume they are "C" students without greater potential.  Some law students give up and let go - either voluntarily or after academic dismissal.  The ones who hang on throughout the adversities are the ones who accomplish their destinations.
• The squirrels make leaps of faith into the air for the next group of twigs or the wall and land safely.  Squirrels have the knack to take a risk and land in the next safe spot in the journey.  Some law students take foolish risks: not reading for class; not outlining for any courses; partying instead of studying; waiting too late to complete memos or exam studying.  Other law students take no risks and settle for their status quo no matter its discomfort.  The law students who succeed at new levels take calculated risks and land safely; they often make it look easy to the other students even though it was not actually easy.      
• The squirrels study each foot placement on the wall and hang on with determination.  Squirrels methodically traverse the wall and refuse to let go.  When one route proves impossible, the squirrels hang on and turn around to find another route.  Some law students never evaluate what worked or what did not work during a semester.  They never allow for change or improvement.  They lose any determination in setting their course and give up their control to "the curve" or "the competition."  Law students who evaluate and methodically change and improve their study habits show the determination to traverse the obstacles.  They take the small steps needed each day and hang on with determination until their grades improve over time.
• The squirrels reach the rooftop, look around, and head for the next destination.  Squirrels enjoy the plateau only briefly before setting off again.  Law students improve when they reach one level of success, evaluate, and move on to the next level of success.  Even my weak students on probation can have success over time in increments throughout their careers.  When probation students become satisfied with their first increment of improvement (off probation) and decide to stay at that plateau, they are most likely to hover just out of reach of academic probation without any real future improvement.  Likewise, if "C" students from the beginning decide to accept that status quo, they will also miss the opportunities to improve.

There is one aspect of squirrels that does not translate to successful students.  As the sun begins to set and the light fades, the squirrels disappear for the evening.  For the squirrels, it is a matter of survival not to be out after dark.  Some of my law students hunker down at the end of the day as well and refuse to study beyond the minimum that they have done during the day.  However, the most successful students continue to traverse their own obstacles one case at a time and one outline at a time during several more evening hours.  (Amy Jarmon)

      

   

   

Learning the Dance Steps

Suzanne Darrow Kleinhaus liked Amy Jarmon's post, "Dancing with the Stars – Law School Version" (Oct. 18), and she boiled it into a checklist of questions that students can use to assess their own learning and that ASP professionals can use to diagnose problems.  I thought readers would find it helpful, so I've reproduced it below.

"Learning the Steps"

1. Have you learned the basic "dance" steps? 
       How to read cases?
       How to brief cases?
       How to de-construct statutes?
       How to outline?
       How to engage in an IRAC–based analysis?

2. Are you sensitive to the differences among the "dances"?
       Have you noticed differences among your professors' styles of teaching?
       Have you noticed differences among types of exams?
       Do you see that some courses may be more case-based (common law) or more code-based(statutory)?
       Do you see that some courses may be more policy-based or more methodology-based?

3. Have you learned the unique "rhythm" for each of your courses?
       Have you memorized the black letter law?
       Have you "become one" with the material so that your understanding is intuitive and flows?
       Do you see the large picture and the places where the individual pieces belong in that picture?

4. Do you practice to improve your performance?
       Have you made studying a priority?
       Do you spend hours perfecting your knowledge and understanding?
       Do you practice applying the law to new fact scenarios throughout the semester at every opportunity, to improve your understanding of nuances in the law and their application of the law to different facts?
       Does your organization of the analysis, both oral and written, flow with and from the material?

5. Do your evaluate your performance?
       After a poor practice session or exam, do you evaluate your difficulties?
       If your performance was not of the quality you expected, do you strategize how to change your approach?
       Do you persist in your practice to become more expert?

Dan Weddle

Tip from Professor Burgess

In response to a recent blog, Professor Hillary Burgess (Rutgers) ... sent the blog this comment . . .

I recommend Julie Morgenstern's Time Management From the Inside Out. Here basic plan is to sort tasks, purge roles and tasks you don't have time for, then allot a specific time each week for the remaining tasks. She recommends making a master schedule that you will follow generally week to week, changing as needed for things like doctor's appointments. I have found master schedules really help to identify, "If I don't use this time to do X, I won't have time to do it later," rather than looking at a day as a big blanket of time that somehow gets eaten up each day.

I read some of Julie Morgenstern's work a few years ago when a law student brought me a book saying, "This book saved my [academic] life!"  I agree, Hillary (pictured here), it's certainly worth taking a look at!  (djt)

Dancing with the stars - law school version

I love ballroom dancing.  When I lived in England, I went to social ballroom dances at least three times a month in addition to weekly lessons.  Now that I am home in the States, I watch every movie about ballroom dancing multiple times and adore Dancing with the Stars.  As I watched the competition and results shows this week, it occurred to me that law school is like ballroom dancing in many respects.

In ballroom dancing, you have to learn the basic steps before you can put a dance together.  In law school, our students need to learn the basic steps such as reading cases, briefing cases, reading statutes, outlining, and using IRAC.  And, they read individual cases which are the steps before understanding the inter-relationship of concepts. 

In ballroom dancing, each dance has its own steps: the mamba is very different from the cha-cha, from the waltz, and from the quick-step.  And, the Viennese waltz is even different from the basic waltz.  Likewise in law school, the steps may differ somewhat among professors and among courses. Professors have different styles of teaching and testing. Courses may be more case-based or code-based.  Courses may be more policy-based or more methodology-based.  Cases vary in density and editor's purpose for inclusion. 

In ballroom dancing, once you have the steps learned, you must learn the unique rhythm for each dance.  If you can only do the steps and do not match the rhythm, your movements will be mechanical and amateurish.  You must learn fluidity and "become one" with the music.  Likewise, our students must learn the rhythms of their courses.  Memorization of the material (like memorization of the dance steps) is not enough.  If the students do not "become one" with the material so that their learning is intuitive and seamless, their learning will be very compartmentalized and miss the overview.

In ballroom dancing, you must practice continuously to improve.  The good ballroom dancers make dance a priority and spend hours perfecting their dancing.  Likewise, law students who practice applying the law to new fact scenarios throughout the semester at every opportunity improve their understanding of nuances in the law, their application of the law to different facts, and their organization of answers.  Practice is essential to their perfection of the steps and the rhythm.

In ballroom dancing, dancers may falter, slip, stumble, or fall during a dance.  They must dance on as though the incident did not occur and complete that dance.  They must evaluate why the incident occurred and strategize how to correct the problem.  Then, they must persist in their practice to become more expert so that such incidents become less likely in future dance events.  Likewise, law students must not become defeated by a difficult section on an exam, a bad mid-term grade, a bad course grade, or a bad semester.  They must evaluate the difficulties, choose strategies for change, and persist in their studying to become more expert as students.

In ballroom dancing, the execution of a dance at a higher level of expertise is exhilarating.  All of the practice becomes worthwhile when complicated spins and step sequences suddenly mesh into a seamless whole.  Graceful execution of the dance is a special triumph.  Likewise, a law student's improvement in grades through the honing of skills  and better performance on a paper or exam is exhilarating.  As law students become more graceful in their lawyering skills, they feel a similar sense of triumph.

As ASP professionals we need to become like dance instructors (along with our faculty) and encourage our students as they master the steps and rhythms and spins and fast foot work.  We need to train them patiently in the basic steps, help them find the rhythm for their courses, push them to repeat the tasks until they become experts, encourage them to get back up when they fall, exhort them towards graceful execution, and applaud when they master a difficult analysis or subject.

Ballroom dancing can be a life-time passion and pursuit (yes, there are tea dances for the elderly).  Let's hope that lawyering will be a life-time passion and pursuit for our students (yes, there are senior lawyer divisions for most state bars).  (Amy Jarmon)   

 

Positive Feedback! Efficient & Effective

I have found this to be a wonderfully useful tool. It saves your time while providing an extraordinarily high level of feedback and/or instruction for your students. The tool?  Microsoft’s “Sound Recorder.”  It’s probably sitting on your hard drive right now. It’s easy to use … with a headset mike or just talking into your computer’s microphone.  Did you know your laptop has a microphone built in? (Maybe yes, maybe no … ask your tech support helper if you can’t determine. If it doesn’t have one, ask for a mike to plug in.)

Suggested uses . . .

· Tip of the day, tip of the week – in an email sent to a specific person, specific group or all students, let them know that if they open the sound message they’ll receive a helpful tip by listening (for example) only 20 seconds.  Send them something amazing so they’ll open the next one!

· If you are lucky enough to receive written student work from time to time, this is an excellent way to comment on it. In the body of your email, encourage the student to have a copy of her/his work on the desk, and make notations while listening to your vocal feedback. You’ll find you can say much more than you can write in margins … and you don’t need to make an appointment with the student to deliver the feedback. Result: more personalized help for more students in less time.

· You’ll find it’s a great way to encourage students to attend your presentations, others’ presentations, or off-campus conferences. Mention the conference in an email, and include “I’ve included a 20-second message about how this can help boost your GPA … just click here!”

· If you have the tech-capability at your school, you can store bunches of tips and information on a site that all students can access whenever they want.

Microsoft's is not the only recorder, of course.  I use others as well ... but if it's on your computer already, this might be the best way to begin to get used to recording messages for your students.

Caveat 1: Keep the vocal messages short.  Students don't want to listen to a rambling "tip." (I think it's different in the case of feedback on a piece of writing, however.  Line-by-line positive feedback ... "This is a great way to introduce the rule of law! You should do this more often!" ... will keep them listening ... then you can slip in something like, "What would really help is if you included all four ways of proving malice ... here's how I would suggest you could do that...." A recording like this can go on for several minutes and keep the student's attention.)

Caveat 2: It’s critical not to overuse this method. Remember, emails are easy to delete without opening. (djt)