-outcome of hearing

.                        

.

 

Client Interview                                    my preparation, motives, respectful    facts; truthfulness of client;

behavior toward client                                       client appreciative or abusive,

cooperative or not

 

 

Negotiations                                                     my prep, motives, respectful,

professional behavior

opposing counsel=s attitudes, motives, behavior toward me

 

Motion Hearings                                   my motives, preparation, presen-        motives/behavior of opposing

tation, professional behavior                              counsel, witnesses, judge;

outcome of hearing

 

Trial                                                                                                                                         same as above                                      all of the above, plus biases/motives of jury (if app.); outcome of trial

 

 

Many more stages of consideration are possible of course, and this can be amended to conform to your type of course work.  Also, I emphasize that obviously this does not mean the lawyer can- not influence the litigation or have an impact on the outcome through her professional work.  But it is a sobering experience, and one rarely discussed in law school, to realize that (short of unethical behavior) one has little, if any, control over many crucial things, including both the facts and the law that apply to one=s case.  It becomes very clear that there are great limits on one=s influence, and that control is usually beyond one=s ability except with regard to one=s own actions, motives, etc.  Given the typical emphasis on producing wanted outcomes, this realization greatly moderates anxiety and stress, and encourages a positive shift toward intrinsic motivation, self-acceptance, and increased work satisfaction.

 

A second exercise I use allows students to identify their core values.  I use  an exercise derived from Steven Covey's Seven Habits of Highly Effective People, guiding students to imagine they have come to the end of a fine career, have retired, and then having them write eulogies they would want to hear if they were attending their own funeral.  I then have them identify the quality or characteristic described in each statement, which (I believe) translate into their core values. These values virtually always turn out to be the classic human values – patience, caring, truthfulness, best effort, etc., and invariably relate to attainable, non-competitive processes.   Once students realize in this way what is actually most important to them – and that it does not include high grades, money or power, they grow in the ability to rise above the inherently stressful zero-sum, outcome-driven values currently dominating most law schools and firms. 

You may also have students compare their eulogies with a listing of the qualities of the 'ideal professional' (I include such a listing in papers ([1]) on this topic, or you can create your own).  Again, they will see strong correlation between those aspirational qualities and their own eulogies, bringing "professionalism" home to them the most relevant, personal  way.  Emphasizing the attainability of these qualities through daily or weekly attention, and reminding students that these qualities do correlate with well-being and life satisfaction according to much psychological research([2]), is uplifting and encouraging.     

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