Susan Daicoff

Professor, Florida Coastal School of Law

2011

The “Three Reports”MacCrateCarnegieBest Practices

Millennial Generation Economic Pressure Susskind’s “The End of Lawyers”

Washington & Lee – remake of 2d & 3d years Harvard Law – problem solving in 1st year Stanford - exploring CUNY – long term commitment to skills Santa Clara – Leadership for Lawyers course Cal Western – remake of Prof. Resp. course into

STEPPS course: skills & PR Florida Coastal – six-hour CPE requirement University of Florida – remake of Prof. Resp.

course into two courses to include profes’m

SKILL TYPE OF LAWYER

Intrapersonal skills: independence, stress tolerance, assertiveness, optimism

Top lawyers of all types: corp dealmakers, corp litigators, women lawyers, & those 40 and under

General mood Top dealmakers & women lawyers

Stress management

Top dealmakers & litigators

Interpersonal sensitivity, empathy

Top corp litigators

Problem solving Top dealmakers

Adaptability Top corp litigators & dealmakers

High achieving lawyers 40 years old and under shared these traits with Olympic athletes and other high achievers:

“a way of thinking, learning and concentrating that differs significantly from 90 per cent of the population ...

intense detailed focus and concentration coupled with big picture conceptual strategic thinking ...

an almost inexplicable drive for achievement and success that appears to originate in a variety of sources, such as adversity and challenge in the formative years ...

a predisposition (i.e., hard-wiring) that ensures an unstoppable need to compete and win ...

an incredibly strong sense and knowledge of self ... [and] an intuitive sense of others by which one can “read” what is implicit

or understand subtle body language and gestures.”

INTRAPERSONAL INTERPERSONAL

Self awareness Self management Stress management Mood management Independence Assertiveness Optimism

Sensitivity Ability to “read” others Trusted advisor

PROBLEM SOLVING

Practical creativity

Competencies or traits named in three of the six studies are:

drive, honesty and integrity, understanding others,

obtaining and keeping clients, counseling clients,

negotiation, problem solving, and

strategic planning

Intrapersonal Skills Honesty, integrity, maturity, reliability, judgment Passion, motivation, engagement, diligence Self-confidence, tolerance, patience, independence, adaptability, general mood,

stress management Continued professional- and self-development

Interpersonal Skills Dealing effectively with others, understanding human behavior, empathy, listening,

speaking, questioning, interviewing, influencing, advocating Instilling others’ confidence in you, obtaining and keeping clients, developing

relationships, networking within the profession Counseling

Conflict resolution Mediation & negotiation

Teamwork & Collaboration Working cooperatively with others Managing and mentoring others

Problem solving Strategic planning

TRADITIONAL LEGAL SKILLS:

Legal analysisLegal argumentResearchWritingOral advocacyIRACDraftingMarshalling factsTrial skillsMultiple choice Substantive triageCase synthesisDistinguishing casesBriefing cases

SOFT SKILLS OF LAWYERS

A PROPOSAL FOR LEGAL EDUCATION REFORM

This is a working slide that was the inspiration for the foregoing slide; Powerpoint makes it impossible to convey the true web-like nature of the connections between these fields. -SD

SELF OTHERS

AWARENESS

MANAGEMENT

Keirsey Thinking Preference (T) vs. Feeling Preference (F)

MOS (Moral Orientation Scale) Ethic of “Care” (C ) vs. “Justice/Rights” Orientation

(J)

THINKERS: value justice, rationality, truth, & objectivity; decisions don’t reflect own personal values; can be cold & calculating; good problem-solvers

FEELERS: value harmony, interpersonal rel’ps., praise & mercy; apply their own personal values to make decisions; seek to do what’s right for self & others; sensitive to the effect of decisions on others

81%

19%

60%

40%ThinkingFeeling

35%

65%

66%

34%

Lawyers - Male Lawyers - Female

Most Males Most Females

Preference for Introversion, Intuition, Thinking, and Judging among lawyers & law students

Private practice lawyers = prefer Introversion, Intuition, Thinking (INT) Most common types: ISTJ, ENFP, INTJ (ESTP, ISFP, ESFJ, ESFP least common)

Judges = prefer Thinking, Judging (STJ) Most common types: ISTJ, ESTJ (ISFP least common)

Admin. Attorneys = prefer Intuition, Thinking, Judging (NTJ) Most common types: INTJ, ENTJ

Lawyers resemble corporate executives (T-J)

RIGHTS: weighs conflicting rights & duties; seeks fairness, justice, & equality; maintains & applies rules, standards, & role oblig’ns. to arrive at clear, absolute answers

CARE: contextual; focuses on harm to people; seeks to avoid harm, maintain & restore rel’ps. & protect others from hurt; decides by assessing relative harm to & vulnerabilities of parties

Female Lawyers

Ethic of Care

Rights Orientation

Balanced

Male Lawyers

Ethic of Care

Rights Orientation

Balanced

33%

17%

50%

22%

35%

43%

Choosing a firm

Understanding others

Working with others in a team

Choosing clients

Understanding clients

In law school: as one’s values shift from intrinsic to extrinsic rewards, distress develops (depression, lowered wellbeing)

Use of Intrinsic Values:

• Choosing a firm

• Working with others in a team setting

• Choosing clients

What are your “intrinsic values” – those aspects of practicing law that you’ll find intrinsically satisfying (e.g., not $, fame, reputation, material things)?

How would you deal with a colleague at the workplace who is impaired due to alcohol, on the job?

Birth Years: mid1970s – early 2000s (e.g. 1982-2001, acc. to H&S)

Books by Howe & Strauss: Generations: The History of America’s Future, 1584 to

2069 (1991) Millennials Rising: The Next Great Generation (2000)

Book: Junco & Mastrodicasa (2007) Must Read Law Reviews:

Susan K. McClellan, 15 Clinical L. Rev. 255 (2009) Melissa H. Weresh, 61 S. C. L. Rev. 337 (2009) Melody Finnemore, 66-Nov. Or. St. B. Bull 9 (2005)

Lost Generation (1883–1900) Greatest Generation (1901–1924) Silent Generation (1925–1942) Baby Boomer (1943–1960) Generation X (1961–1981) Millennial Generation/Generation Y/Generation

Next or Net(1982–1998) Generation Z/New Silent Generation/Homeland

Generation (1999–2019)

G.I. Generation Hero (Civic) 1901–1924 World War I/Prohibition

Silent Generation Artist (Adaptive) 1925–1942 Great Depression/World War II

Millennial Saeculum (baby) Boom Generation Prophet (Idealist) 1943–1960 Superpower America

13th Generation(a.k.a Generation X)1

Nomad (Reactive) 1961–1981 Consciousness Revolution

Millennial Generation2

Hero (Civic) 1982–2003? Culture Wars

New Silent Generation 3

Artist (Adaptive) 2004?– present Millennial Crisis?

Generation Type Birth Years

Historical Time

Period

Greatest or GI Generation

Hero/Civic 1901-1924 WWI & Prohibition

High but Unraveling

Silent Generation

Artist/Adaptive 1925-1942 Great Depression & WWII

Crisis

Baby Boomers

Prophet/Idealist 1943-1960 Superpower America

High (peace & prosperity)

Generation X

Nomad/Reactive

1961-1981 Consciousness Revolution

Awakening

Millennials Hero/Civic 1982-2003 Culture Wars High but Unraveling

New Silent Generation

Artist/Adaptive 2001/2004 - present

Economic Crisis, …

Crisis

??? Prophet/Idealist ???? The New World Order?

High (peace & prosperity)Source: Howe & Strauss (1991)

“an increased use and familiarity with communications, media, and digital technologies”

“Next Generation” college students…used technology at higher rates than people from other generations:

97% of students owned a computer 94% owned a cell phone 92% of those reported multitasking while Iming 76% of students used instant messaging 56% owned a MP3 player 40% of students used television to get most of their news 34% used the Internet to get their news. This generation spends at least 3.5 hours a day online.Source: Junco & Mastrodicasa (2007) (who conducted a research study of 7,705 college

students). Now add: social networks: Facebook, Twitter, Linkedin, etc.

Facebook Twitter YouTube Online Learning Tools Email

Used to “no one loses” and everyone gets a "Thanks for Participating" trophy, resulting in a sense of entitlement

Have “too great expectations from the workplace and desire to shape their jobs to fit their lives rather than adapt their lives to the workplace”

“Assertively seek more feedback, responsibility, and involvement in decision making”

Resulting “generation & understanding gap” between older employees and supervisors in the workplace & younger, Millennial employees

College students were frequently in touch with their parents –

Junco and Mastrodicasa (2007) also found that students spoke with their parents an average of 1.5 times a day about a wide range of topics.

Balance: Demand “balance” -- that work and school fit around their lives & interests Not ashamed if unprepared in class

Multimediative: Always use multimedia themselves, e.g., Powerpoint, Youtube, video clips,

homemade movies Multitask constantly unless they are actively participating in an exercise, role

play, or presentation Have a very short attention span Pay attention to video clips and sound bites

Peer-oriented: Prefer to interact in groups rather than 1:1 dating Really excel in projects requiring public presentations of written or oral

material

Need Direction: Demand more structure and certainty in assignments and schedules

Celebrate & enjoy diversity Optimistic/realistic Self-inventive/individualistic Rewrite the rules Killer lifestyle (demand work/life

balance) Irrelevance of institutions Internet is a given; assume use of

communications, media, & digital technologies; multitask fast

Nurtured; Sense of Entitlement Collaborative, teamwork & learning Friends = family

GENERATION XBORN 1965-197651 MILLION

MILLENNIALSBORN 1977-199875 MILLION

Accept diversityPragmatic/practicalSelf-reliant/individualisticReject rulesKiller lifeMistrust institutionsPCUse technologyMultitaskLatch-key kidsFriend-not family

Mentoring Do’s�· Casual, friendly workenvironment· Involvement· Flexibility and freedom· A place to learn

Celebrate diversityOptimistic/realisticSelf-inventive/individualisticRewrite the rulesKiller lifestyleIrrelevance of institutionsInternetAssume technologyMultitask fastNurturedFriends = family

Mentoring Do’s�· Structured, supportive workenvironment· Personalized work· Interactive relationship· Be prepared for demands, highexpectations

Source: The Learning Café and American Demographics enterprisingmuseum 2003.

Video

Gen We

Millennial Law Prof

Work well collaboratively in groups/teams Peer oriented (e.g., use of social networks) Excel in public presentations and real-life exercises (e.g.,

PR skills assignments) Easily use multimedia in public presentations (e.g., SBA

awards presentation, 1L projects) Innovate - sidestep traditional methods and use

technology (internet) to achieve goals (e.g., Napster) Demand “balance” of work/life/pleasure Celebrate cultural diversity “Hero/Civicmindedness” qualities The next “Great Generation?”

Give directions and structure and certainty for assignments, samples Explain what to expect, reduce uncertainty and do NOT assign meaningless

tasks, do not assign too much (overwhelming, makes them feel incompetent) or too little (makes them feel like you’re wasting their time, which is tight already)

Realize they are timepressured, they value work/life balance, they want time for leisure and friends and family, explain when just-in-time learning will work and when it will backfire, so they are prepared

Give immediate, regular feedback laced with lots of praise (sandwich critiques between praises)

Encourage collaborative, team projects in groups, particularly in diverse groups Encourage their input & presentation in group settings – use weekly staffing of

cases Treat them like peers, don’t insist on respect for authority or tradition, but try to

fit into a “parent” role with them, since they have great, close relationships with parents

Get ready for them to “ask why,” buck tradition, and propose better ways to do things, give them hands-on civic-minded opportunities & meaningful work

Be transparent, real, & honest about what’s really going on Use technology and multimedia and multitasking to accomplish the above goals

Structured, supportive workenvironment

Interactive relationships

Immediate, direct feedback

Be prepared for demands, highexpectations

Collaborative, team learning

Personalized work Validate importance

of satisfaction, fulfillment

Work/life balance Embrace tech

literacy Avoid lecture;

involve/engage