MEMORANDUM
TO: Full-time Faculty
FROM: Lisa Montpetit Brabbit
RE: Itemization of Skills – Mentor Externship
DATE: January 5, 2005
The Mentor Externship is developed around the theory of experiential learning. Some scholars describe the cycle of experiential learning as: 1. plan; 2. see/do; 3. reflect; and 4. integrate. Allowing students to “witness” servant leadership and other lawyer and judicial activities in concert with a discussion about the activity fosters individual character and creates the opportunity for students to develop, or focus on, a number of different skill sets in this “real world” environment. This memorandum highlights eight different skill set categories.
1. Developing self-directed goals, focused on first principles, with a plan and purpose to which the student is ultimately responsible for the end result
Mentor Externship requires each student to develop an individualized learning plan and personal road map of what he or she would like to accomplish in the externship. The success of the program, and the extent to which each student experiences success, depends largely on whether the student can be self-directed and disciplined in pursuing and achieving personal goals developed in concert with what the mentor is able and willing to offer. Students who are able to build the skill set of developing self-directed, achievable goals (particularly when they can apply this skill to handling client matters), will be empowered to approach problem solving with greater independence a greater sense of responsibility for the end result. The skill is critical for successful lawyering; it is challenging to develop it in an environment where students see themselves as consumers.
2. Bringing theory and practice together through observation
An intentional correlation is developed between the law school curriculum and the guided student activities in the externship. First-year students are paired with mentors who, for the most part, have the opportunity to provide experiences that dovetail the first-year curriculum. First-year students are strongly encouraged to see experiences that give contextual meaning to what they are learning about in the classroom. Second- and third-year students can request mentors in a stated area of interest. Often, the student’s area of interests will dictate what elective courses they take. All suggested experiences are organized consistent with and relate to the coursework offered to students.
Several faculty members have taken additional steps to utilize the Mentor Externship as a way to expand learning opportunities for students that directly correlate with a classroom topic or concept. As one example, Dean Hamilton and Professor Holloran have required each student in the Ethical Leadership class to discuss certain topics with his or her assigned mentor and journal about what the student learned through the conversation.
3. Bringing theory and practice together though doing
While mentor externship is primarily an observation focused externship, more upper-level students are moving from “see” to “do.” For example:
- a student in his third year who has already observed a deposition may work with the mentor on writing questions for a deposition.
- a student who has observed oral argument may generate a list of possible questions the court may ask to help the mentor prepare for an argument.
- a student can research a topic
- a student can draft a document
A “do” experience also gives the student the opportunity to work on assignment clarification and to receive feedback. The skill of assignment clarification and learning how to draw feedback are important skills, particularly for new lawyers.
4. Reflective lawyering
Developing the habit and skill of reflective lawyering is a key aspect of the Mentor Externship. In addition to completing fieldwork requirements with a mentor, and debriefing with a mentor, students also share their experiences with each other in small group sessions. Students benefit from hearing both about other mentors’ approaches to the same issues, and about other students’ perceptions of what they have experienced. Four changes have occurred in the program to further the objective of reflective lawyering.
A. Required Small Group Discussion
All students are now required to participate in small group peer discussion. The moral psychology literature demonstrates that peer discussion of moral issues and dilemmas is the best-known method for developing adults' moral reasoning capability. By sharing their own ideas and responding to others' thoughts, students improve their thinking and deepen their understanding of important issues.
B. Peer Mentors and the First-year Program
First, during the first year of law study, the small group sessions now include peer mentors in addition to a full-time faculty or staff member. Peer mentors are second and third-year students who volunteer time to assist first-year students with a variety of needs and challenges. Bringing students together from all three years creates a strong community that cuts across the classes. The small groups also allow students to thoughtfully navigate the intersection of classroom and fieldwork with respect to topics important to our community such as stress management, mission and servant leadership.
In the Fall of 2004, 25 first-year, peer mentor groups were organized into groups of 8-10. The groups were scheduled to meet tree times per year. Because Fall, 2004 yielded our largest incoming class, several staff members who hold law degrees also facilitate several of the small group discussions.
Second and third-year students can satisfy the small group requirement through service as a peer mentor. In 2002-03, 96 students agreed to serve as peer mentors. For 2004-05, 75 students agreed to serve as peer mentors.
C. Second- and Third-year Small Groups
Second and third-year students who do not serve as peer mentors are assigned to one of 16 small groups of roughly 10 students. The groups meet twice a year: once in the fall and once in the spring. A skilled mentor facilitates the small group discussion, focusing on the moral, professional, practical and ethical issues the students observe in field placements. Every student is asked to come prepared to participate in the conversation and share with his or her peers thoughts about a particular event or experience. Many of the mentor facilitators hold non-traditional jobs, or are retired, making a one-to-one pairing more difficult. Serving as a facilitator allows a non-traditional mentor to make significant contributions to the program without the challenges of providing a student with experiences in an observation focused externship.
For 2005-2006 when second- and third-year students are required to attend eight 50-minute class sessions, the small groups will only be required for first-year students.
D. Templates
Over three dozen templates have been developed for students and mentors to facilitate and guide conversation about a given topic. Each template presents a list of questions either the student can ask of the mentor, or the student and mentor can discuss more collaboratively. The goal is to develop a complete series of templates consistent with the curriculum and the approved experiences. In addition, other templates will be developed to address issues of great importance to the profession, but not necessarily identified by course title or subject matter. For example, record keeping and billing practices, healthy balance, chemical dependency and addiction issues, bias in the profession, Catholic social thought, collegiality, networking/marketing and several other templates have been created to facilitate student-mentor discussion.
5. Professionalism
Mentor Externship seeks to instill in students a better understanding of the responsibilities of being a professional. This objective is consistent with the professional preparation focus of the vision statement for the School of Law.
This objective was not one of the original objectives of the program. Ethics and professionalism have always been central themes for the program. However, identifying and navigating, in a very objective sense, these issues is one of the unintended consequences of the program for students. Working with a lawyer or judge in the community requires students to focus on a number of professionalism skill sets that are not tested or taxed in the classroom. The students need to demonstrate strong professionalism skills when interacting with lawyers and judges. The students are indeed our best ambassadors for building strong relationships with lawyer and judges in the community. However, neither student nor mentors are completely immune from professionalism pitfalls.
For example, poor communication skills among lawyers is a perennial complaint to the Office of Professional Responsibility, and generally the number one complaint each year (e.g. failing to return phone calls or e-mails). This common scenario presents problems both for the lawyer who fails to communicate, and for the individual who is seeking to connect with an unresponsive member of the profession. The mentor externship catches both categories.
Mentors have communicated to the Director instances where students are either unresponsive, or failing in communication. This situation allows the Director to (1) connect with the student and to discuss this important professionalism issue, and the challenges involved with juggling a demanding schedule, and (2) to outline a plan for improving this skill.
Students have also communicated to the Director instances where mentors are either unresponsive, or failing in communication. Each situation is carefully reviewed and analyzed to determine if the student can improve his or her communication skills or professional persistence to improve the situation. When appropriate, other options are discussion and reviewed with the student. If the mentor remains unresponsive, the student is paired with another mentor.
The data support the conclusion that students are identifying and acting on a breakdown in communication. First, the number of students who never met with their mentor dropped from 10 (2002-2003) to zero (2003-2004). These 10 students completed the requirements of the program either on their own or with another lawyer or judge. An investigation into the 10 relationships reveals a total breakdown in communication that was left unaddressed. To remedy this situation, and for other value-added reasons, individual learning plans, to be completed together by mentor and student, are now required six weeks after the start of the year. This requirement serves as an early warning sign for communication failure and irreconcilable scheduling conflicts.
Second, students continued to come forward in 2003-2004 to address breakdowns in communication as a failing point for the mentor relationship. For example, of the 45 amended relationships in 2003-2004, 13 were due to failed communications with the original mentor. In the previous year, 28 relationships were amended. We do not have a breakdown on how many of the 28 were caused by communication failures.
Another professional skill that often ranks high on the list of ethical violations for the profession is accurate record keeping and billing. Each student is required to practice the skill of contemporaneously recording all activity in the externship and applying the same principles that guide lawyers in the profession. Students are told that the Director is the client, and each entry in the log will be carefully reviewed to evaluate whether the student earns credit. The professional counterpart for credit is payment for services. This exercise has provided each student with a personal framework to test strengths and weaknesses of record keeping skills, discuss recording keeping issues with his or her mentor, and struggle with moral and ethical issues related to billing (i.e. can a student log travel time for driving to school to see an experience on a day they will be in class? Would a lawyer bill a client for time driving to the office?)
The review process for the logs confirms that feedback is critical for further professional development in this area. For example, in 2002-2003, 143 of 205 mentor logs required some type of correction, clarification or additional information. In 2003-2004, is it the director’s best estimate that at least 50% of mentor logs required some type of correction, clarification or additional information. When an administrative change is made to an electronic log, an automatic notation is made to the entry indicating that a change was made. The student is able to compare the old entry and the changed entry.
Other professionalism and/or potential ethical issues that arise include:
- lack of diligence / neglect (e.g., the student waits until the end of the year to complete the requirements, now creating a crisis for the mentor);
- the inability to manage expectations, a key skill for client relations;
- understanding the importance of building positive relationships;
- understanding the paradigm shift from consumer mentality (student) to service mentality (lawyer);
- meeting deadlines (for example, 73 of 362 students failed to turn in a PPDP or request an extension in October of 2004);
6. Developing the complex skill of intentionally nurturing mentoring relationships with senior members of the profession.
Learning from a more senior member of the profession is itself a learned skill. While some mentor relationship are based on personal chemistry, students and lawyers can capitalize on a broad spectrum of professional development opportunities when they learn how to hitch their wagon to a more senior member of the profession to move themselves forward.
7. Writing
The 2005-2006 curriculum will require all second- and third-year students to submit journal entries for review and evaluation. Six journals are required for the year. The writing requirement also allows each student to “integrate” into his or her experiential learning cycle the notions, concepts, principles and ideals he or she has developed through observation and discussion. The quality of the writing itself will also be graded.
8. Oral presentation in a small group setting
The seminar component focuses on the intersection of mentor externship activities and how the student envisions life as a lawyer. The seminar relies heavily on student participation and presentation. The instructors will ensure that each student will speak multiple times during each semester. Some students, even in the second and third years, still find oral presentation in a group setting difficult. Regular practice of oral presentation in a small group setting helps those students improve confidence and public speaking skills.
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