Law School Academic Support Blog

Dealing with the In-Between Like a Lawyer

For thousands of bar takers, the waiting begins this afternoon; it will be weeks or months until they know the results of the hours and months they have spent preparing for the bar exam. Rebekah Cudé, a gifted trial lawyer and appellate lawyer now serving as Idaho Law's Director of Student Affairs, has shared her practical wisdom with our bar takers for years, and she has kindly given permission to share her post-bar exam advice (lightly edited for this blog) with a wider audience. Director Cudé tells bar takers: 

How do I prepare for the possibility that I might not pass the bar exam? I was asked this question a lot last year, and the year before. So, I am going to answer it now, to hopefully help you to stop contemplating this particular possibility as quickly as possible, and maybe recover from the past few weeks a little more quickly as well.  I truly hope it helps you navigate the next few weeks in a sane, healthy way.

How should you prepare? Like a lawyer.

A trial lawyer works their heart out getting ready for trial. Researching, writing, thinking. Preparing. Working. Lots of hours of reading. Time spent alone, and with colleagues, trying to come up with the best answers to the challenges posed by the case. And then the trial arrives, and it is hours, days, sometimes weeks of putting all that work to the test, laying it all out there for others to decide. And then the trial lawyer submits it to the jury or the judge. And waits.

An appellate lawyer works their heart out getting ready for argument. Researching, thinking, writing the briefs. Preparing. Working. Lots of hours of reading. Time spent alone, and with colleagues, trying to come up with the best answers to the questions the court might ask. And then the argument arrives, and it is a very intense (though mercifully brief) time of putting all that work to the test, laying it all out there for others to decide. And then the appellate lawyer submits it to the court. And waits.

The way that lawyers learn to survive the waiting is to learn to let it go.

Healthy lawyers realize that it is out of their hands now, and there is nothing more they can do. Once they get a decision, yes, there may be things to be done. But in the in-between, they let it go.

You are that lawyer now. You have done all of the work. You have laid it all out there for others to decide. You have submitted it to the examiners. You are in the in-between. You need to let it go.

You have the rest of a beautiful summer.  You have friends and family who have missed you. Some of you have jobs to get to, some of you have jobs to seek out.  All of you need to spend some serious time just taking care of yourselves.  So, let it go. And maybe enjoy life a bit.

Here's the deal:

If you spend the next 6-7 weeks worried, anxious, and distracted, and you pass, you will have wasted all that time, and you will have missed out on fully enjoying your life. For nothing.

If you spend the next 6-7 weeks worried, anxious, and distracted, and you do not pass, you will have wasted all that time, and you will have missed out on fully enjoying your life.  For nothing. AND you will be that much less prepared to rally your energy and resources to do it again.

You don't really know how you did.  Trust that it was enough.

Because life is far too short to not enjoy the in-between.

(Nancy Luebbert)

 

 

 

 

CaliLeaks – A Step in the Right Direction

Social media timelines are aflutter since the California Bar Examiners released, days early, the question order and subjects for the July written exam. After someone “inadvertently transmitted” test information to “a number of deans of law schools,” the CA examiners disclosed the same information to all registered July 2019 California bar takers. The internet remains undefeated and the information now hovers in the public domain accessible to us all for comment and critique. The CaliLeaks, as I refer to them, sent ripples of shock, resentment, and gratitude throughout the community of future, past, and present bar takers.

Dear California Bar Examiners, you did the right thing. You responded to a mistaken disclosure by disseminating the same information to all bar takers, to prevent any actual or perceived unfair advantage. You made a mistake and you owned it. There is a lesson in every mistake and I hope that other bar examiners, and especially the NCBE, with its foot on the jugular of all but a few states, will learn from yours.

In an ideal scenario, the premature and selective leak of confidential information to some law deans would not have occurred. No student should be disadvantaged in terms of familiarity with the exam content, inside knowledge, or the opportunity to pass. We now know the identities and school affiliation of the receiving deans. I am naive enough to believe that respected academic leaders would not compromise the integrity of the bar exam by sharing confidential information about its content. I am also cynical enough to recognize the good reason of those who question whether bar takers from some schools may have received information days before bar takers from other schools. Notwithstanding the many unanswered questions, California's disclosure (the one to all of its bar takers) is something that could have and should have happened long ago.

For goodness sake, the bar exam is based, at least in theory, on fundamental legal principles learned in law school. Knowing the general subject area to be tested is not a dead giveaway to the question content. Bar examiners in Texas have provided general subject matter information for decades. It is a preposterous notion that knowing the subjects that will be tested will lead to a flood of unqualified lawyers. Consider the law school final exam as the loosest conceivable model. Law students know to expect Property questions on their Property final exam, but it still leaves them to their own devices to prudently review the full scope of course coverage from possessory estates and future interests, to conveyances, recording acts, and landlord-tenant rules. Disclosure of the tested question areas should not be Monday morning tea, instead it should be the norm in bar examination. Telling would-be lawyers what they need to know to be deemed competent to practice law isn’t a blunder or a gracious act. It is the right thing to do.

I challenge any lawyer, law student, or law professor to imagine the futility and frustration of completing a full semester of required first-year courses, spending weeks preparing for final exams, and then not learning until the beginning day of final exams which courses will be tested and which will not. As unthinkable as this notion may be, this precisely describes the current practice of bar examination in most states and under the UBE. Time will tell if California’s leak leads to a more reasonable exam process and to less arbitrary bar failure rates. If it does, then others should follow suit. We need a better bar exam and California’s error could be an accidental step in the right direction.

(Marsha Griggs)

Deep Work

The sun is shining through my windows.  The day is starting well.  I turn on my computer, and outlook starts.  The barrage of emails then piles into my inbox.  I methodically answer questions about internships, class selection, the bar exam, exam taking, and other student concerns.  As I finish my hour slog through email, my first student appointment comes in.  We talk about life and law school.  I finish the meeting and plan to work on my upcoming class.  After pulling up the class schedule, I start planning the next class period.  My phone vibrates (which also vibrates my watch).  I get a text message about the half-price deals at Top Golf this week.  I get back to thinking about my next class when my phone vibrates again.  This time a group text about a kids activity.  9 messages later, I am back to thinking about class.  Out of the corner of my eye, I see that my email box now has 12 emails.  3 of them can be immediately deleted, and 3 can be answered in 1 sentence.  The rest take more time, so I will let them sit for now.  Back to working on class, and a student needs to see me.  By the end of the day, my class exercise still isn't done.  Maybe tomorrow, or I may just do the same thing as last year.

Am I the only one that has this experience?  Probably not.  I am sure everyone has similar problems.  Technology is infiltrating every second of my day, so my day includes tons of small breaks.  The breaks cause me to lose focus, which in turn means I take longer to accomplish any task.  

The book Deep Work by Cal Newport addresses this topic.  He states that we are all so inundated with constant beeps and buzzes that our brains are being trained for only small tasks.  We are addicted to the immediate need to respond or help that we can't accomplish more difficult and meaningful tasks.  Deep work is when someone takes long uninterrupted time to contemplate a project.  Hours of preparation and thought to innovate.  Hours?  I hope I get double-digit uninterrupted minutes to work on a task.  His book is great at illustrating the problems with the constant interruptions and how societal breakthroughs are more difficult without high levels of focus.

Newport advocates for everyone to engage in deep work.  He concedes that most people can't spend 4-5 uninterrupted hours on a project every day.  However, we can only look at email at specific times.  Creating routines that eliminate distractions for set periods of time can help.  The goal is to not let anyone intrude on deep work time to enable quality thinking.  The more time, the more we can accomplish.

Our students could use this information as well.  I went to law school prior to smart phones, so I didn't have that distraction.  However, the internet was enticing.  One of the best things I did in law school was not connect my computer to the wifi my first 2 years.  When I was studying, I couldn't check email, browse facebook, or do anything online.  I read and briefed cases.  I would check email when I got home.  My focus during law school was probably my best focus ever.  Most people don't have the willpower to not use technology.  Putting phones in the other room or turning everything off is good.  Eliminate distractions to improve focus.

I am working on trying to block out more time during the day for focus.  Finding the time is difficult, but if I want to continually improve my programming, I need the time to think about it.  Just like I tell my students, I must intentionally create quality time.

(Steven Foster)

Faculty Position at UNC-Chapel Hill

The University of North Carolina at Chapel Hill School of Law seeks a full-time clinical professor to teach in our nationally recognized research and writing program. The person hired will join a collaborative team of nine experienced professors. Our team includes scholars, practitioners, administrators, law-school committee chairs, the head of an immigration clinic, a part-time judge, a trained counselor and academic-support expert, and frequent contributors to LRW conferences, blogs, and Twitter. We teach various writing-related and bar-preparation courses that integrate legal analysis, research strategy, genre discovery, citation literacy, oral advocacy, and professionalism. The courses pursue clearly articulated goals, offer students extensive practice and feedback, and culminate in thoroughly vetted, goals-related assessments.

Clinical Faculty Appointment

The University of North Carolina at Chapel Hill School of Law invites applications for one full-time clinical faculty appointment in the law school’s Writing and Learning Resources Center. The Center operates a two-semester, six-credit, first-year legal research and writing program (“RRWA,” for Research, Reasoning, Writing, and Advocacy) plus an academic-support and bar-preparation program.

The individual selected should expect to do the following:

• receive an initial three-year, nine-month appointment subject to long-term contract renewal (compliant with ABA Accreditation Standard 405(c));
• teach either two seminar-sized sections of RRWA per semester or one RRWA section plus an upper-level writing or bar-preparation course; and
• serve on faculty committees and participate in faculty governance.

Candidates must have the following:

• a J.D. earned with an outstanding academic record;
• bar admission plus either practice or clerkship experience; and
• willingness to work collaboratively with fellow professors, particularly in teaching RRWA.
• Also valuable is experience in teaching, counseling, or academic-support work.

Possible start dates are either January or July 2020. We will begin reviewing applications in July and accept applications until the position is filled. Applications must be submitted electronically at http://unc.peopleadmin.com/postings/165547. They must include a resume or curriculum vitae, a letter of application, and contact information for four references. We welcome confidential inquiries to Craig T. Smith, Clinical Professor and Assistant Dean for the Writing and Learning Resources Center, at 919.962.7059 or [email protected]. For more information, visit www.law.unc.edu and http://www.law.unc.edu/academics/wlrc.

The University of North Carolina at Chapel Hill is an equal opportunity and affirmative action employer. All qualified applicants will receive consideration for employment without regard to age, color, disability, gender, gender expression, gender identity, genetic information, national origin, race, religion, sex, sexual orientation, or status as a protected veteran.

Online and Hybrid Learning Conference

We all explore new and innovative ways to reach our students.  Online and hybrid learning is occurring at more law schools, so University of Denver Sturm College of Law is holding a conference in September for Online and Hybrid learning.  The conference looks interested.  The information below is from David Thomson from Denver.

The Conference website and registration system are ready, which is at this address:  https://www.law.du.edu/online-learning-conference

Conference sponsors - AccessLex Institute, iLaw, West Academic Publishing, Carolina Academic Press, and CALI - have helped to defray much of the cost of the conference and keep the registration fee down.

On the Conference website you will find information about options that you have for lodging in the Denver area.  There is no specific conference hotel or conference rate, but we have had good results with these hotels for past conferences. 

 

The Same Thing, Only Different

Next week, of course, is when the next bar examination will be administered.  But, for me, next week is also the first week of introductory classes for some of our incoming 1L students.  The semester does not officially begin until the end of August, but like many law schools, mine offers a special program to students who want to learn something about the American legal system and law school expectations before substantive classes begin.  So next week is going to be a little strange for me -- sort of like missing the wedding of one of my children because I will be busy attending the birth of another.

What strikes me now, as it did last year at this time, and as I suspect it will every year at this time, is how things feel simultaneously the same and different from years past.  There's an almost nostalgic sense of repetition. On Monday, I'll meet my first batch of eager, naive new students, enthusiastic to argue for justice, and perplexed by the density and obliquity of case law and lectures.  On Tuesday, I let go of the graduates I worked with all summer, and some for the previous two years, and they have to pass their most demanding test on their own.  These changes are as reliable as the seasons.  At the same time, when I look back to where I was last year, and consider what I thought I knew then about teaching and supporting all these students and alumni, I feel like I'm on a different planet entirely.  I'm questioning assumptions I once took for granted.  I'm noticing trends and relationships that were camouflaged before.  I am alternately worried and comforted by circumstances that previously had seemed either mundane or invisible to me -- things like students' financial situations or their relationships to other students.

It's a minor paradox of teaching: our goal, year in and year out, is to help make sure that our students learn a certain portion of a nearly fixed chunk of the universe. In law school, it's about reading a case, fashioning a sound legal argument, memorizing important rules, managing one's time and attention, and developing sound judgment.  The things we want our students to learn change glacially, and therefore imperceptibly.  What we wanted our students to learn this year is substantially identical to what we wanted them to learn last year, and to what we will want them to learn next year.  And this reliability is one of the anchors of both legal academia and legal practice.

But as individual teachers, the things we want to learn ourselves change substantially from year to year.  There are some things we wanted to understand -- say, the statistical relationships between first-year performance and eventual bar passage -- that we investigate, and we uncover, and we take that knowledge and run with it, because now it's not something to discover, it's something to use.  There are other things like new learning theories or suspicions about our students' law school experience that we thought might be important or useful, and we look into them, and they turn out to be negligible.  And there is always something new -- some fresh line of inquiry to follow, some previously overlooked problem to be solved, some new mountain to be climbed that we couldn't even see until we had gotten to the top of the previous mountain.  

It's always true, but to me it seems most true at this time of year.  We are always trying to learn different new skills and knowledge to help our students learn the same old skills and knowledge.  I see my 1L students coming in, and I want them to learn everything my most successful graduates have learned to achieve that success, and yet it seems like conveying those things in exactly the same way would be a dereliction of duty.  We want our students to be the fittest, so they have the best chance of survival, but in a way we are the ones doing the evolving.

[Bill MacDonald]

Disconnect between Licensing and Skills Needed to Enter Profession

Historically, legal education has been slow to change.  The Socratic method dominated (and may still dominate) instruction in spite of teaching experts criticizing its effectiveness.  Assessment only recently entered law schools' radars when nearly every other department on University campuses utilized it.  Many schools act like formative assessment and curriculum wide assessment are the new iPhone with infatuation followed by falling back into normal routines.  Many find it easy to criticize legal education, but can the bar exam bear some of the blame by also evolving slowly?

Law schools know, or at least should know, they need to teach more practical legal skills.  From the Carnegie report and beyond, schools heard skill development was necessary.  Newly admitted attorneys needed more practice interacting with live clients and practicing in simulation style classes.  Many would argue that certain skills, for example negotiation, are applicable throughout practice while another doctrinal class may cover materials alumni will virtually never see from clients.  I have many classmates that have never, and will never, handle a secured transaction.  The ABA responded to that argument (and a few others) with an increase in practical skills requirements.

The increased requirements help students become more practice ready when entering the profession.  However, alumni still have to enter the profession through the bar exam.  The bar exam doesn't test the "soft skills" of negotiation, mediation, legal research, or most of the other skills listed in the Carnegie report.  The NCBE conducted a practice analysis a few years ago, and one major skill employers wanted was improved research and writing.  The NCBE determined a bar exam component on research and writing was impractical, so we still have the traditional essays and MBE.  The MBE and essays require memorization of significant amounts of material with highly specialized forms of legal analysis.  Not the same type of legal analysis for practice.  When the bar exam is an obstacle, some students make logical choices to take more doctrinal classes instead of practical skills classes.

The need for skills isn't the same problem as problematic instruction methods, but the mentality permeates both issues.  If the bar exam is perceived to require the same thing now as it did many years ago, then why change teaching methods or curriculum requirements?  We can all make the science based arguments why practical skills can ingrain information better, but overcoming years of perception is difficult.  Not only that, students perception of the a particular bar class versus a skill can easily tilt in favor of the class.  Students tell me all the time they know how to negotiate, so why take the class.  The ABA and some legal educators are trying to move law schools in a more fundamentally sound direction.  However, the bar exam setup makes changing legal education even harder.

The problem will only get worse.  A recent blog post on the Legal Skills Professors Blog discussed a Forbes article that says new lawyers need "[e]motional intelligence, creativity, cognitive flexibility, and the ability to work collaboratively with others."  Practicing law is changing.  California may allow online legal services that are performed primarily by computers.  Our alumni need a wide variety of skills to thrive in practice.  However, I am worried the bar exam as it is constructed will continue to prevent legal education from evolving to produce the best entry ready lawyers possible.  I hope the new NCBE study will provide drastic changes, but similar to law schools, I believe the NCBE will be reluctant to change.

(Steven Foster)

Exam Routine

If you haven't already, now is the time to start waking up and studying during exam time.  I know many  students like staying up late studying while sleeping during the day.  If that worked during bar prep, that is great.  However, now is the time to transition to waking up and studying during exam time.  Our bodies get into cycles, and you want to be mentally ready to take the exam by 8 or 9 in the morning.  You don’t want to still be tired.  Some students lose points on question 1 or 2 on the essays or the first 10 MBE questions because they are not awake.  Start studying by 8 or 9 to prevent this.  Get ready for the 2-3 day marathon.  The mental preparation can an extra 10 points.

I also recommend eating during the bar exam lunch hours next week.  You want to train yourself to make it through the testing session not needing food.  You don’t want your stomach to start grumbling with questions left.  This can make a huge difference.  Train yourself for every aspect of the exam.  Take breaks when the breaks would be on exam day.

All alumni taking the bar have the ability to pass.  The last few points will be the mental preparation for all the non-legal aspects of the exam.  Have a great last week of practice!

(Steven Foster)

Congrats for SSRN Top 10 Downloads

Congratulations to Contributing editor Marsha Griggs for being in SSRN's top 10 downloaded papers in the Law & Society eJournals category each day from July 13th to 18th!  You can find her article "Building a Better Bar Exam" here.

Also Congratulations to ASP colleague Cassie Christopher for also being in SSRN's top 10 downloaded papers in Law & Society eJournals category on July 13th (and possibly more).  Her paper titled "Normalizing Struggle" is here.

We should definitely celebrate these accomplishments of our colleagues.  Also, this is a great sign that ASP scholarship is being read by more and more people.  Marsha did a great job intentionally citing to other ASP authors to increase exposure of our profession.  I hope we can all follow the lead to continue to promote ASP scholarship.

Congrats again for 2 great articles. 

The "Secret Sauce" for the Final Week of Bar Prep - Making Memories through Practice!

I recently saw data suggesting that bar passers do things differently in the final weeks of bar prep than those who are not successful on the bar exam.  That got me thinking about what I've been seeing, at least anecdotally, in working with students in preparing for their bar exams.  

But first, let me be frank. Without hard dedicated work in learning throughout the course of bar prep period, and in particular, during the final week, it's really difficult to pass the bar exam because the bar exam, in the last few years, has become much more challenging, particularly due to cognitive load. See L. Schulze, Dear Practicing Attorneys: Stop Giving Our Bar Students Bad Advice.  Thus, it's not just hard work that makes for passing the bar exam.  Rather, it's important to make sure to do what is most optimal for learning during the final week of bar prep. See S. Foster, Positive Self-Talk.

So, even with all of the hard work, what might account for the differences in bar passage outcomes for both groups of diligent bar studiers?  In short, it must be in the type of work that the two groups are doing rather than the quantity of work.  In the last week, bar passers tend to ramp up their practice with lots and lots of MBE questions and essays while also working on memorization while people who are unsuccessful tend to focus on creating perfect study tools trying to memorize every little nuance of law with very little continued practice. In sum, one group is continuing to practice for the exam that they will take and the other group is focused on memorizing for the exam.  

But, here's the rub:

It’s a perfectly natural feeling during the last week of bar prep to want to focus solely (or mostly) on creating perfect study tools and trying to perfectly memorize all the law. 

But, according to the educational psychologists, there’s something called “desirable difficulties.”  You see, when we jam pack our study tools with everything, we aren’t learning much of anything because we aren't making hard decisions about what is most meaningful.  And, with everything written down, there's no opportunity for retrieval practice, which is the best form of memorization practice.

So, as a suggestion for the final week, tackle two to three subjects per day.  Work through a number of essay questions for each subject.  Then, take your study tool and use it for retrieval practice, reading it and then covering it up to see if you can spout out what's in it.  Push yourself.  You might even take your study tool and, without looking at it, recreate it in a different format, for example, converting it from an outline to a poster, etc.  Then, in the evening, work through a batch of MBE questions, pouring and pondering through them.  Finally, when you miss something in an essay or MBE question, add that concept to your study tool.  As Prof. Micah Yarbrough at the University of Maryland says, your study tool becomes a sort of "bar diary" of your adventurous travels in learning by doing.  And, it's in the learning by doing that makes all the difference in passing the bar exam because the bar exam tests - not just memorization - by problem-solving.   So, for those of you taking the July 2019 bar exam, focus on practice first and foremost throughout the final week of your bar preparations because you aren't going to be tested on your study tool.  Rather, you're going to be testing on whether you can use your study tool to solve hypothetical problems.  And, good luck on your bar exam this summer! (Scott Johns).

The Growth Mindset of John Paul Stevens

Retired U.S. Supreme Court Justice John Paul Stevens, one of the most distinguished jurists of modern times, died on Tuesday. The author of more than 400 decisions as well as notable dissents in cases including Bush v. Gore and Citizens United, Justice Stevens was considered a "judge's judge," intensely patriotic without being partisan, free of ideological baggage, and devoted to the rule of law. Former President Gerald Ford praised Stevens in 2005, saying "I am prepared to allow history's judgment of my term in office to rest (if necessarily exclusively) on my nomination thirty years ago of Justice John Paul Stevens."  Chief Justice John Roberts noted that Stephens, in addition to his "unrelenting commitment to justice," served with "an inimitable blend of kindness, humility, wisdom, and independence." 

As I explored more about his life today, I was struck by how  Stevens was not content to rest on his laurels, but rather continually pushed himself out of his comfort zone. His graduate study in English was interrupted by World War II, where he put his analytical skills to work as a code-breaker for the U.S. Navy in the Pacific Theater. He originally made his mark as an antitrust lawyer, first in as an associate in private practice, then as associate counsel to a U.S. House committee investigating antitrust activities, then, only three years after admission to the bar, as an antitrust litigator and partner in a firm he co-founded. Widely respected for his expertise, he wrote influential articles and taught at the University of Chicago and Northwestern law schools while remaining active as a litigator.

Stevens could have remained a respected antitrust scholar and practitioner, but in 1969 he took on the thankless task of serving as counsel to a commission formed to investigate corruption allegations against two sitting members of the Illinois Supreme Court. The commission was evidently expected to perform only a perfunctory investigation, for the person bringing the charges was a well-known conspiracy theorist with little credibility. Nevertheless, Stevens conducted a vigorous investigation which verified the allegations and ultimately led to in the resignation of both the current and a former chief justice. His refusal to take half measures led to considerable acclaim, an appointment to the Seventh Circuit by President Nixon, and ultimately to his appointment in 1975 to the U.S. Supreme Court where he served with distinction for 35 years.

It's not unusual for law students or lawyers to form a narrow view of their own abilities. Knowing they are competent in one area of doctrine or in one application, they allow that expertise to bind them into a narrow view of what they can and should do, rather than exploring how their expertise in one arena could translate into competence and even brilliance in another or a wider field. John Paul Stevens could have made his mark only as an English scholar, or only as a Bronze Star code-breaker, or only as a litigator, or only as a law professor. But he continually stretched to do more, developing expertise in constitutional law and new skills on the Court like coalition-building. And even after retirement at age 90, he stretched himself more, writing three books over the next nine years. His belief in constantly stretching himself to do more and better work can be an inspiration to all of us to not content ourselves in one narrow path.  (Nancy Luebbert)

 

 

 

 

Shaking Off Self-Doubt

You can choose to listen to the skeptics or hit the ignore button. - Michael Peggs

Our students today have become adept at shunning criticism and negative input. When coaches or teachers prejudge students at any age, there is an army of protective advocates who will stand up for the wronged student and demonstrate that with the right accommodation a student may exceed the expectations of a perceived disability. We full-scale reject the haterist mindset that seeks to label learners with arbitrarily imposed limitations. Taylor Swift warned us that “haters gonna hate”. Yet, too often when the stakes are high, and especially during bar study, we stir up our own hater-aid. Over the years I've overheard students say things like: “I’ve never been good at standardized tests,” “I am never going to learn all these essay subjects,” “I’ve got too much going on to study the way I should,” and “I don’t expect to pass on the first time.”  

You may need to mute your inner monologue, if it is filling your mind with self-defeating prophecy. Each time a fear-based thought tries to creep in, hit the ignore button and block it like a call from a telemarketer. Follow Taylor’s lead and shake off the self-doubt. Use daily bar study affirmations as an exercise in mindfulness to allow you to meditate on your positive potential. For the next two weeks, the only attitude you can afford is a can-do attitude. Repeat these affirming words until they become your reality: I can and will pass the bar. I am worthy of a bar card, and right now I am making plans for my life as an attorney.

(Marsha Griggs)

Positive Self-Talk

The bar exam is getting close.  This is the stretch run.  Bar prep is long and tiring.  All takers have accomplished a ton to get to this point, but don’t quit now.  Work hard for the next couple weeks to fully prepare for the exam.  You should know that everyone is exhausted at this point.  Stay positive the last couple weeks.  Positive thinking helps learn the material better and is a great way to beat the stress of the last few weeks.  There is an interesting blog post and research that just came out about positive self-talk in the second person works best.  Check it out here.

As everyone studies the last couple weeks, make sure to take normal breaks throughout the day.  Breaks are necessary to help the brain catch up to all the studying.

These last couple weeks focus on memorizing the law and practicing questions.  Memorize as much law as possible, and then do practice essay questions.  Keep doing practice MBE questions to increase scores through the exam.  Peak on exam day, so continue to improve up to the exam.

Everyone should know that you can do this.  Obtaining a J.D. is impressive.  Keep up the hard work throughout the bar.

(Steven Foster)

 

Director of Academic Success at UNLV

The University of Nevada, Las Vegas (UNLV) seeks a Director of Academic Success.  The position is located here at their site. The following is the information from the site.

Job Description

The University of Nevada, Las Vegas invites applications for Assistant Professor in Residence and Director of Academic Success Program, UNLV William S. Boyd School of Law [R0117026]

PROFILE of the UNIVERSITY

Founded in 1957, UNLV is a doctoral-degree-granting institution comprised of approximately 31,000 students and more than 3,900 faculty and staff. To date, UNLV has conferred more than 136,000 degrees, producing more than 120,000 alumni around the world. UNLV   is classified by the Carnegie Foundation for the Advancement of Teaching as an R1 research university with very high research activity. The university is committed to recruiting and retaining top students and faculty, educating the region's diversifying population and workforce, driving economic activity through increased research and community partnerships, and creating an academic health center for Southern Nevada that includes the launch of a new UNLV School of Medicine.  UNLV is located on a 332-acre main campus and two satellite campuses in Southern Nevada.  For more information, visit us on line at:  http://www.unlv.edu

COMMITMENT to DIVERSITY

The successful candidate will demonstrate support for diversity, equity and inclusiveness as well as participate in maintaining a respectful, positive work environment.

PROFILE of UNLV WILLIAM S. BOYD SCHOOL of LAW

The William S. Boyd School of Law at the University of Nevada, Las Vegas is a state-supported law school, the first in Nevada's history. The law school commenced classes in August 1998 and is fully accredited by the American Bar Association and is a member of the Association of American Law Schools. The William S. Boyd School of Law offers Juris Doctor full time, part-time day, and part-time evening programs. For more information on the Boyd School of Law, see our website www.law.unlv.edu

ROLE of the POSITION

The Director is responsible for all Academic Success Program (ASP) programming and initiatives in support of Boyd’s 400 full-time, part-time day, and part-time evening students. The Director works closely with law faculty and administration to develop and implement programs to support student achievement in law school and to help students pass the bar exam and succeed in their professional lives. The Director interacts with students in formal and informal classes, conducting workshops and outreach on essential law school skills and bar exam preparation, and meets individually with students seeking to improve their academic performance and to develop strategies for bar exam study and success. The Director is expected to identify students who are likely to benefit from ASP resources and encourage their participation in ASP programming. The Director plays a prominent role in new student orientation, introducing students to legal reasoning and analysis, task and time management, and the services provided by ASP. 

The Director is expected to be familiar with national bar exam standards and trends in bar exam assessment.  He or she serves as the law school’s authority on the Nevada bar examination, its content, and trends in that content.  He or she works directly with students individually and in groups on bar preparation and with the law school faculty and administration on analysis of bar examination results and strategies for maximizing bar passage for Boyd graduates.

The Director supervises an Assistant Director and upper-class student mentors and directs their deployment in meeting ASP objectives. The faculty expects that the Director will be a resource for its members to increase teaching effectiveness. Given the nature of the position’s responsibilities and the composition of the student body, the Director will be required to work evening and weekend hours as necessary.

For more information on the Boyd School of Law, see our website www.law.unlv.edu.

QUALIFICATIONS

This position requires a J.D. from an ABA-accredited law school, and membership in a state bar with successful completion of a state bar examination and one year of academic success experience preferably in a law school setting. Credentials must be obtained prior to the start of employment.

PREFERRED QUALIFICATIONS

The successful candidate will have significant law school professional experience, preferably in the context of a law school academic success program, a record of strong academic performance in law school, and experience in teaching or instruction. Other preferred qualifications include: excellent project management skills, strong organizational skills with attention to detail, the ability to carry out responsibilities with a minimum of supervision, excellent oral and written communication and interpersonal skills, and a strong service commitment. 

SALARY RANGE

Salary competitive with those at similarly situated institutions. Position is contingent upon funding. 

APPLICATION DETAILS

Submit a letter of interest, a detailed resume listing qualifications and experience, and the names, addresses, and telephone numbers of at least three professional references who may be contacted. Applicants should fully describe their qualifications and experience, with specific reference to each of the minimum and preferred qualifications because this is the information on which the initial review of materials will be based.

Although this position will remain open until filled, review of candidates’ materials will begin on August 1, 2019 and best consideration will be gained for materials submitted prior to that date. Materials should be addressed to Professor Ruben Garcia, Search Committee Chair, and are to be submitted online as we do not accept emailed materials. For assistance with the application process, please contact UNLV Human Resources at (702) 895-3504 or [email protected].

SPECIAL INSTRUCTIONS FOR INTERNAL NSHE CANDIDATES

UNLV employees or employees within the Nevada System of Higher Education (NSHE) MUST use the “Find Jobs” process within Workday to find and apply for jobs at UNLV and other NSHE Institutions. Once you log into Workday, type "Find Jobs" in the search box which will navigate to the internal job posting site. Locate this specific job posting by typing the requisition number, “R0117026” in the search box.

If you complete an application outside of the internal application process, your application will be returned and you will have to reapply as an internal applicant which may delay your application.

SAFETY AND SECURITY STATEMENT

UNLV is committed to assisting all members of the UNLV community in providing for their own safety and security. The Annual Security Report and Annual Fire Safety Report compliance document is available online.

EEO/AA STATEMENT

Where cost is a material factor, the abbreviated statement can be used in lieu of the preferred complete statement.

UNLV is an Equal Opportunity / Affirmative Action educator and employer committed to achieving excellence through diversity. All qualified applicants will receive consideration for employment without regard to, among other things, race, color, religion, sex, age, creed, national origin, veteran status, physical or mental disability, sexual orientation, genetic information, gender identity, gender expression, or any other factor protected by anti-discrimination laws. The University of Nevada, Las Vegas employs only United States citizens and non-citizens lawfully authorized to work in the United States. Women, under-represented groups, individuals with disabilities, and veterans are encouraged to apply.

 

Job Category

Academic Faculty

Exempt

Yes

Full-Time Equivalent

100.0%

Required Attachment(s)

Submit a letter of interest, a detailed resume listing qualifications and experience, and the names, addresses, and telephone numbers of at least three professional references who may be contacted.

Posting Close Date

12/31/2019

Lecturer on Law at New England Boston

Lecturer on Law, Academic Excellence Program

New England Law | Boston is seeking dynamic and experienced applicants for the part-time position of Lecturer on Law in the Academic Excellence Program.  The Academic Excellence Program provides support to students throughout their law school experience, including a first-year legal skills course, as well as individual counseling and advising initiatives. These programs help students learn the critical skills for success in law school, on the bar examination, and in legal practice.

Primary Duties and Responsibilities:

The position will work closely with the Director and other members of the faculty to:

• Design and teach academic support courses, workshops, and additional programming as needed. Teaching responsibilities may include evening classes for the law school’s part-time division. Specifically, the person hired will be responsible for teaching: 
  • a) Academic Excellence: a full-year, weekly class for all 1L students and designed to develop the fundamental skills for law school success (e.g., case reading, briefing, outlining, exam writing and legal analysis). The course also includes several sessions that are co-taught with other members of the faculty.
  • b) Orientation Program sessions presented by Academic Excellence faculty.

• Provide individual counseling to first-year and second-year students struggling academically;
• Assist with administrative responsibilities as needed to implement the program; and
• The person hired may also be called upon to perform other activities in service to the law school, such as faculty committee and task force work, and student group advising.

 Qualifications:

• JD from an ABA-accredited law school with strong law school credentials
• Superior oral and written communication skills
• Excellent interpersonal and organizational skills
• Enthusiasm for working collaboratively with students to support their academic progress and to implement individually tailored measures to improve their performance
• An ability to work efficiently and collaboratively with faculty in designing effective co-taught classes within the first-year program 
• Prior experience in teaching legal skills and designing assessments to achieve skills-based learning objectives (such as issue-spotting, identifying and applying legal rules to material facts, and presenting viable counterarguments) is highly desired
• Experience in educational counseling/advising is desired

This is a part-time (20-hours per week during the academic year) visiting position, for evening classes, with some day time availability required. The position begins in mid-Augut. To apply, please submit cover letter and resume (including salary requirements) to [email protected]. Final candidates will be required to submit a writing sample.

New England Law | Boston is an equal opportunity employer, values diversity, and is committed to providing an environment that is free from discrimination and harassment as defined by federal and state law. 

Creating Super-Short Bar Exam Study Tools (in 2 hours or less per subject!)

Bar Takers!  

It's time to create your own personal handy-dandy bar exam study tools.  But, you ask, how, with so many other things to do (and with just a few weeks before the bar exam).  Well, here's a suggestion for creating your study tools from scratch in just a few easy steps and in less than 2 hours flat.

But first, let's lay the groundwork.  Why should I create a study tool, especially with so many other tasks at hand that demand my attention in  preparation for the bar exam in a few weeks?  

There are at least three reasons.

First, the process of creating your own study tools creates a "mental harness" for your thoughts.  It serves to bring you back to the big picture of what you have been studying the past many weeks since graduation.

Second, the process of creating your own study tools cements your abilities to synthesize and distill the rules that you will be tested on this summer.  In short, we memorize (remember) what we create rather than what we read that others have created.

Third, your study tools are, in essence, an organized collection of pre-written, bar exam answers for tackling the hypothetical problems that you will face this summer on your bar exam.

So, let's set out the  steps:

1.  Grab Your Study Tool Support Team!  

That means grabbing hold of the shortest bar outline provided by your bar review company.  Shorter is better because less is often more!  And, you already have too much to remember.

2.  Create the Big Picture Skeleton for Your Study Tool!  

That means taking hold of the table of contents in your bar outline provided by your bar review company or the subject matter outlines provided by the bar examiners.  For example, the NCBE provides super-short two-page outlines for each subject on what issues are testable. http://www.ncbex.org/meeoutlines. Then, using that skeleton structure, create an overview of the testable issues in your own desired format, whether as flashcards, posters, or outlines, etc.

3.  Insert Rule Sound Bites!

Using your bar review lecture notes or subject matter outlines, insert rule "sound bites" for each item identified as testable subjects.  Move swiftly.  Don't dwell.  If you think you you need a rule, don't put it in...because...you can always add more rules later if you see that rule popping up in your practice during the course of the next two weeks.  Don't try to create perfect rule statements.  Instead, just insert the "buzz words."  Feel free to be bold, daring, and adventuresome in doodling or using abbreviations to remind you of the rule.  For example, for negligence per se (NPS), my study tool just reads: (1) P.C. and (2) P.H.  That stands for protected class and protected harm.  By writing out just a few tips to help me remember, I am actually enhancing my study tool (and developing my confidence in being able to recall, for example, the requirements for NPS).  Get your entire study tool completed in 2 hours or less!  How, you ask?  By leaving lots of stuff out because you can always add more later.  Here's a tip:  It's called "desirable difficulties."  You see, according to my arm chair understanding of the science behind learning, optimal learning requires us to push ourselves; it requires mental perspiration, it takes sweat.  So, the process of deciding what to put into your study tool (and what to leave out, and, indeed, leaving out lots) enhances are learning because we can't solely rely on our study tools for memorization.  Rather, our study tool because a prompt for our memory.  So, keep your study tools super-short and crisp.

6.  Take Your Study Tool for Lots of Test Flights During the Final Several Weeks of Bar Prep!

Yes, you might crash.  Yes, it might be ugly.  In fact, if you are like me, you will crash and it will be ugly!  But, just grab hold of lots and lots of past bar exam essays and see if you can outline and write out sample answers using your study tools 

Finally, let me make set the record straight.  

You don't have to make an outline as your study tool.  Your study tool can be an outline…or a flowchart…or a poster with lots of pictures...or a set of flashcards, etc.  

What's important is that it is YOUR study tool that YOU built from YOUR own handiwork and thoughts!  It's got to be personal to you because it's going to be you that sits for your bar exam.  So, have fun learning by creating super-short snappy study tools that serve as organized pre-written answers for this summer's bar exam.  (Scott Johns)

Starting with Stories

Like my colleagues, I am thinking ahead to the new school year even as my attention is consumed by those preparing for the bar exam three weeks from now.  Last year at this time I was thinking mainly about scheduling and content and skills development, and how to tweak and rearrange my classes and workshops to make them more effective.  This year, I find myself thinking at least as much about stories as about skills.

Part of this cogitation is driven by my conversations of late with students dealing with varying degrees of anxiety about the bar exam.  I ask them how they are doing and what has led them to whatever position they currently find themselves in, and their narratives fall broadly into two categories.  Some students tell me kinetic stories about what work they have done, what challenges they have faced, and what strategies they have employed.  They may not have conquered every problem that has come up -- in fact, that's usually why they are talking to me -- but they still see themselves as the protagonists who are driving their stories and pursuing some kind of prize.  Other students, even some with objectively similar obstacles, tell their stories in a different way.  They are still the centers of their own stories, but things keep happening to them (poor performance on a practice test, illness, misunderstanding, etc.), and they are just doing what they can to cope.  These latter folks are not doomed, by any means; they are, in fact, often quite capable.  But they do seem to feel more anxiety and doubt than the more protagonistic students.  So part of what I am wondering is whether it might be possible to cultivate that sense of protagonism by using language that highlights one's sense of agency and potency, from the very start of law school.  Perhaps by using less language about "what will happen" and "what you will encounter", and more language about "what you will learn to do" and "how others have overcome difficulties", I can shift students' perspectives in a more empowering direction.

Another aspect of storytelling that has become clearly significant over the past year is how students perceive their stories in relation to their law school -- their fellow students, their class as an entity, their professors, their administration, and their alumni community.  At the start of my 3L pre-bar prep course this spring, I felt it was very important to intentionally and repeatedly talk about our class as a team.  We were there to support each other, I said, because we had common goals as individuals and as a group.  Each student wanted to pass the bar exam in July -- that much they knew going into the class -- but, I pointed out, each student should also want to see everyone else in the class pass, too.  Teamwork might mean going a little further to help our classmates in a pinch, but it also means we've got a bunch of other people in our corner, willing to do the same for us.  The faculty, the administration, and the alumni want to see them succeed, too, because their success makes everybody look better, and because we've invested so much energy and faith in them.  And if the class does notably well as a group on the bar exam, their pass rate becomes public information that makes them all look like part of a stellar crop of new lawyers.

At times I felt almost like a goofy cheerleader telling this story, and encouraging my students to tell that story about themselves as a team.  But it seems to have paid off.  This summer we are seeing notably higher rates of participation and completion of assignments in summer bar prep courses.  Recent graduates are spending more time together, on and off campus, and I've been talking to far more of them in my office and on the phone than last summer.  Just telling a story of teamwork isn't enough -- the school has also had to walk the walk, by providing additional resources and guidance to students -- but it is clear that intensifying our characterization of getting ready for the bar as a communal effort has had a positive effect.

This is another thing I am wondering about, as I move forward with plans to work with our new incoming students.  How can I tell that story of the law school as a team in a way that will stick with these new students for three intensive years?  Is there a way to cultivate that story in the face of the known competition for grades in the first year?  Is there a way to keep that story from becoming trite and from being tattered by cynicism?  I think there must be.  It's not just the telling of the story that makes it work; it's also acting the story out, and making it seem real because it could be real.

So, while I will be working on better ways to improve students' analytical and time management skills this fall, I will also be thinking about better ways to tell them stories -- about themselves as individuals and as part of this new community -- that they can believe in.  Stories that they will want to carry on telling themselves.

[Bill MacDonald]

Time for Transition

And suddenly you just know it's time to start something new and trust the magic of beginnings. – Meister Eckhart

This is the time of year when many ASPers transition from one position to the next. Career progressions in ASP are as varied as they come. Many who entered as assistant directors are now ready to direct programs at their own schools or another. This fall some will transition from administration to faculty or vice versa. Some are preparing to teach doctrinal courses for the first time, and others just received rank and tenure promotions. Whether your move will take you across the county or across the street to another institution in the same city, boxes must be packed and a world of newness awaits.

The newness can be the most exciting part of a new role in ASP. The newness also can be the most scary. Recent law school graduates newly entering ASP may face the challenge of being perpetually viewed as a student or former student. Those with new roles as faculty or with first-year core teaching responsibilities may have to abide additional layers of oversite not imposed upon other faculty members. A lateral move to a new school can deal the unsettling reminder that, even with years of pedagogical experience under your belt, you are a newbie to this institution, its policies, and its students. Perhaps the greatest hurdle of all is following another great ASP predecessor who left very big shoes to fill.

Whether your newness is a new position, a new course, or just additional responsibility at your current post – embrace the newness. You were recognized for your unique skills and qualifications. You bring amazingness with you. Savor the transition time as you learn your new role and your new students and create a course/program/system that will leave your own indelible footprint.

Congratulations and continued success to all who are making moves from one role to another. The next big shoes to fill will be yours!

(Marsha Griggs)

Fall Planning

The calendar turned to July.  The heat index is climbing over 100 in Oklahoma, which also means it is time to plan the fall semester.

The difficult part of July is everything happens at the same time.  The bar exam is still 3 weeks away, but I can’t wait until after the bar to plan for the fall.  The semester will start only a couple weeks later, and in an attempt to follow my own advice, I take time off right after the exam.  The timing means fall planning must happen now.

I am sure many in ASP have a similar timeframe.  When thinking about the fall, I wanted to pass along a few tips:

1. Look back at the AASE materials. AASE presenters provide numerous ideas.  Implementing the great ideas is the more difficult part, but one way to increase the chance of implementing them is to re-read those ideas now. 
2. Review feedback from last year. If students provide constructive feedback, then look through the feedback prior to creating syllabi or programming.  Small changes each year can make a big difference.  However, ignore any non-constructive criticism. 
3. Analyze notes and materials from last year. I suggest writing down what works and doesn’t work throughout the year.  Look at those notes to see what changes are needed.
4. Decide on a few new things to integrate. Don’t try to remake the entire ASP program in one semester/year. 

The summer is winding down, fortunately or unfortunately depending on who you talk to.  Many professors are planning for the fall.  Spending the few extra minutes looking at great ideas, feedback, and notes can gradually improve programming.

(Steven Foster)

Director of Academic Support at Cardozo School of Law

Cardozo School of Law in New York is looking for a Director of Academic Support.  You can find their posting and application procedures here.

The listing information is below.

Position Summary:	The Director of Academic Support will provide assistance to students to help them develop the skills needed to succeed academically.  The position reports to and is supervised by the Dean of Students as part of the Cardozo Division of Student Affairs.
Position Responsibilities:	Devise and implement programming that addresses class preparation, time management, case synthesis, outlining, and exam writing skills for one-on-one, small group, and large class presentations. Develop and disseminate materials and resources on the skills and information needed for success in law school (print handouts, video tutorials, and website updates and class announcements) Assess, triage, and respond to student requests for tutoring and academic support with one-on-one tutoring, academic guidance and academic advising Evaluate the need for peer tutoring or academic support teaching assistants and implement   appropriate programming Coordinate with student groups, administration, and faculty to increase student participation in academic support programming, assess the efficacy of academic support efforts and                introduce initiatives to promote better learning outcomes, including bar exam success Collaborate with faculty and administrators on aspects of bar exam support and plans and programs to help improve Cardozo graduates' bar passage rate Teach and further develop existing intervention courses in academic support and bar support; opportunities to innovate new intervention courses available Collect, evaluate and report on data related to the efficacy of academic support initiatives
Experience & Educational Background:	J.D. degree from an A.B.A. approved law school; strong law school credentials Ideal candidates will have experience working in a higher education setting in the areas of academic assistance, academic counseling or similar administrative, teaching, or practice experience.
Skills & Competencies:	Possess excellent interpersonal and organizational skills, and an interest in and ability to build meaningful learning relationships with students; Foster, encourage, and facilitate open communication and an atmosphere of open expression and possess an understanding of the academic engagement challenges of the current generation of law students; Possess exceptionally strong legal writing skills; Be skilled in data collection, data management and basic statistics; Continually search for ways to increase satisfaction of faculty, students, staff, and other constituents; Possess demonstrated leadership, management, and administrative skills; and Possess demonstrated ability to devise, coordinate, and implement innovative programming.
Application Instructions:	Please include a resume and cover letter in your application.
About Us:	The Benjamin N. Cardozo School of Law is a leader in legal education, located in Manhattan’s Greenwich Village. The law school is renowned for its program in intellectual property, which includes the FAME Center for Fashion, Arts, Media and Entertainment Law. Cardozo Law has a long tradition of public advocacy and is the birthplace of the Innocence Project and the home of our Center for Rights and Justice.  Cardozo offers a world-class faculty and encourages creative thinking and innovation in the legal profession. Cardozo provides students with a strong foundation in legal theory combined with practical hands-on experience in a variety of areas including criminal law, civil rights law, and business law. The school prides itself on creating a vibrant and warm community for faculty, staff and students. A division of Yeshiva University, Cardozo Law School offers an excellent compensation package, and a broad range of employee benefit plans. The law school is a secular institution within a religious university and welcomes people of all religions, ethnic backgrounds, races and sexual identities.
Equal Employment Opportunity:	Yeshiva University is an equal opportunity employer committed to hiring minorities, women, individuals with disabilities and protected veterans.