Thursday, September 5, 2019

Confessions of a Socratic Deer

I'm a deer in the headlights.  Throughout law school, I lived in what I'll call a perpetual state of "socratic fear."  I muddled through classes for the first weeks of law school, never called on but ever so fearful.  But, my day finally came. I was called to state the facts of the case and the issue at hand. What case?  I couldn't recall.  What issues?   I didn't have any notion.  Frozen and stuck, I stumbled badly.  It's as though my mind went wildly bank despite my over preparation. 

I never did get over my fear of the socratic method.  Throughout all three years of law school, I was the quiet one. Indeed, I felt like I was the only one who was afraid to be called on by a professor.  And, as you might have guessed, I definitely didn't voluntarily to speak in class.  It was just too risky. Instead, I piled up as much fodder as I could in an attempt to barricade myself from making the dreaded "eye-to-eye" contact with my professors. That was a surefire way, it seemed to me, to be called on. So, I lived with my head buried throughout most of law school, looking down, not up.  

But, there's great news for me (and for you!).  

You see,  we are not the only ones...at all...with "socratic fear."  Indeed, according to survey research out of Europe based on language-learning courses in which students are called on to to speak on the "fly" as they learn foreign languages (much like law students are often put on the spot to answer questions in front of peers about cases), many students are just like us - they feel anxious when put in the spotlight to speak in class with the teacher.  Alessia Occhipinti, Foreign Language Anxiety in In-Class Speaking Activities, University of Norway (2009) (published student research thesis).  Not surprisingly, the survey results suggest that the level of anxiety increases, like a hot autumn day with the noontime sun directly overhead, as the level of personal interaction increases from individual work silently alone at one's desk without being called upon...to group activities and presentations in front of the class...to individual spotlight activities interacting directly with professors.  Id

That got me thinking because, prior to law school, I had no fears of speaking in class, whether language classes or even military pilot training (where students are called in "stand-ups" to explain how they would handle an unanticipated emergency situation to a safe conclusion).  

In other words, there seemed to be something lurking in the law school educational experience that poked holes in my once courageous voice.  

As I scan back to the past, it wasn't due to a lack of preparation but perhaps to a lack of knowing what was coming (which I suspect is the root of much of our anxieties and fears).  And, to be honest, we (or at least I!) also fear being found out to be a fraud, to have been wrongly admitted to law school (or so we feel), that we don't belong at all in law school (and soon everyone will know the truth when they witness us self-destruct...right in front of the class of our peers as the professor interrogates us).  

But, as I think about my own law school experience, and in talking with scores and scores of law students, here's what I've gleaned as suggestions about how to handle the stresses and strains of the socratic method.  I just wish I had known them when I was a law student.

  1. Everyone (or most of us) are afraid of speaking in class.
  2. Just because you have trouble speaking in class, doesn't mean that you don't belong in class.  In fact, it might really mean the opposite.  That you, like the rest of your classmates, are human beings with shared worries and concerns.
  3. Talk with someone.  Be open with classmates in particular.  Be the first to break the ice with trusted friends. Reach out to student affairs, academic success professions, and even your professors.  As a suggestion, ask your law school faculty about their own experiences with socratic questioning when they were students (and what suggestions they might have for you to overcome your concerns).
  4. Realize something extremely important.  As far as I can tell, there's absolutely no association between speaking in class and serving as a first-rate attorney.  Indeed, although I was overcome (gripped) by fear throughout my law school moot court experiences, I loved speaking in courts as an attorney.  Here's why.  I knew that the judges wanted to have conversations with me.  Simply put, judges were asking me questions because they wanted to learn what I was thinking, they wanted to see things from multiple perspectives that they might have missed in their own preparations for oral arguments, etc., they were dependent on me (us) as attorneys to educate them about our clients, our cases, and the governing law.  In short, based on my own experiences, oral argument in court is much more about having a conversation with the judge(s) rather than a battle with professors who, most likely, have already pre-determined most of the answers to their questions.
  5. Prepare for class with questions.  As you read cases, puzzle over them, asking questions, evaluating arguments, voicing your own concerns, dialoguing and debating with the courts.  In other words, don't read to memorize the cases.  Instead, read to learn to have conversations with courts, to voice your own opinions and insights, in short, to prepare for a life in the law as a creative thoughtful attorney.
  6. Repeat no. 4.  There's no relationship between socratic success and legal success, so far as I can tell.  Rather, great attorneys think before they speak, often times rephrasing the questions, and sharing with courts what's on their mind and how that relates to the cases at hand.

(Scott Johns).

https://lawprofessors.typepad.com/academic_support/2019/09/im-that-one-the-socratic-deer.html

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