law

Teaching “Good Work” in the Law

A guest post, by John Bliss , Assistant Professor at Sturm College of Law

Imagine you have just graduated from college and that you are deeply concerned about racial justice, pandemics, climate change, global inequality, or other major public policy challenges. Given these concerns, how do you shape an impactful career of meaningful work?

For many, the answer is: Attend law school. As a law professor, I am perhaps a little biased when I say that this is a pretty good answer. Law schools produce a wide range of graduates at the front lines of social justice and other important causes, including the day-to-day work of proficiently helping clients understand and navigate the law. But legal education also has enormous room for improvement, which has been the focus of my empirical research over the past twelve years.

Using a variety of methods and comparing over time and across national contexts, I have been studying how initially idealistic law students tend to drift away from the public-interest values and career aspirations that drew them to law school. This drift appears to be influenced by a range of factors—among them, financial considerations, law school peer culture, traditional legal pedagogy, the law-firm recruiting process, and the limited availability of jobs in full-time public interest legal practice. Law schools cannot easily control all of these factors, but I do believe that we can develop curriculum to help reduce this drift effect.

Working with The Good Project and law faculty colleagues, I have recently been developing such curriculum in the hope that our students will sustain public-interest values, whether those values lead to careers in the non-profit or private sector. I began these efforts in 2017 while a resident fellow at the Harvard Law School Center on the Legal Profession. During my fellowship, I became acquainted with Professor Howard Gardner and was introduced to the Good Project team that he leads. With support and collaboration from the Good Project, I piloted workshops at Harvard Law School with first-year students focusing on professional identity and public-interest commitments. In my current position at the University of Denver Sturm College of Law, I have been expanding this curriculum in collaboration with Professor Alexi Freeman. Professor Freeman is experienced in activist lawyering, writes extensively about how law curriculum can better address social justice causes, and runs the public interest and externship programs at Denver Law. In the past academic year, we recruited 32 public-interest-oriented students into what we call the “1L Public Good Program.” In addition to community building and professional identity workshops, we required our students to engage in 20 hours of pro bono fieldwork in public service settings.

In our workshops, we introduced The Good Project’s “Good Work” perspective and toolkit as we discussed identity, values, theories of justice and social change, and pathways into public-regarding legal careers. We devoted one session entirely to the “triple helix” or “three Es” of Good Work, which is Excellent, Engaged, and Ethical. Because this session was offered remotely via Zoom in the spring 2020 pandemic context, we developed some interactive online tools, including having students collaborate on a Google spreadsheet to list and categorize the traits of Good Work. Students were quick to recognize interrelationships among the three Es. For example, the Excellence category covered technical proficiency but also passion, dedication, inclusiveness, and responsibility to broader communities. We also had students create a “Mentimeter” word map to describe what Good Work would look like for a lawyer. Some of the largest (most frequently cited) terms in the word map were “moral,” “empathetic,” “altruistic,” and “activist.” This exercise revealed students shared values and aspirations for impactful practice. Students also included the term “innovative,” which sparked a discussion of the need to think proactively and outside the box when seeking to address systemic causes of injustice. Finally, we discussed the long-term challenge of seeking “flow” and the integration of personal and professional identities within legal practice. We reminded students that, as Gardner, Csikszentmihalyi, and Damon put it in Good Work: When Excellent and Ethics Meet, “rich lives include continuing internal conversations about who we are, what we want to achieve, where we are successful, and where we are falling short. … It takes a lifetime to achieve such an integration.”

Student feedback about our pilot run of the 1L Public Good Program has been overwhelmingly positive. They appreciated the community of like-minded peers and faculty, and the opportunity to start mentorship relationships with Professor Freeman and myself rooted in conversations about public service, social change, and Good Work. The students emphasized that this programming helped them stay focused on public interest goals and values during a stressful first year of law school.

We are in the early stages of developing assessment tools that we will use in the coming years to empirically examine how the Program is impacting students. At this point, I am confident in saying that the Program and the application of Good Work in legal education show great promise. Law is a field with enormous potential to promote Good Work, as it draws students who seek careers of intrinsic motivation (Engagement), professional skill (Excellence), and public service impact (Ethics). As a legal educator, I believe it is my job to foster these commitments and help students reflect on what kind of lawyers they want to be and what kind of impacts they want to have. I would be more than happy to be contacted by anyone in professional schools or higher education more generally who is seeking to integrate The Good Project materials into their teaching and curriculum.

Professional Ethics and Social Media-The Law

by Margot Locker

Twitter, Facebook, Tumblr and other forms of social media are rapidly becoming a vital form of communication worldwide. This trend impacts not only how people share information informally, but also has implications for the professions. In the world of law, social media and online activity are bringing up new issues of ethics and integrity. This topic was discussed at SMU’s “Professional Ethics and Social Media: Like?” conference, held last week in Dallas. Project Zero Research Director Carrie James was invited to give the keynote address at the conference, discussing topics including the moral and ethical dimensions of digital life and what can we do in education and training of young professionals to prepare them to handle social media ethically.

Following her address, there was a panel discussion including a physician, a lawyer, and a pastor. Each member of the panel had experienced or observed ethical dilemmas and challenges in their work related to online life, and shared their insights on their choices and thoughts when confronting these issues. In this blog series, we will share some insights from these professionals..

John Browning, a lawyer and author of The Lawyers Guide to Social Networking, opened the panel with his view that the law is currently unable to keep pace with innovations in technology.  He also suggested that new media create both opportunities and challenges. For example, the internet allows clients to research their rights and legal methods, but also serves to complicate the position of jurors.  Many cases nationwide have emerged in which jurors have violated the integrity of the law with online conduct: jurors looking up information online pertaining to the case, and sometimes referencing the wrong state for laws, thus leading to mistrials; jurors using Facebook to ask friends to respond to a poll as to how they should vote on the case. As a result, Browning explained, new guidelines have been put in place for jurors about their online conduct.

Browning also raised issues of misuse of social media tools and the legal questions that have followed.  As usage of Twitter, Facebook, and blogs have become more prevalent means of communicating legal questions have been raised about whether one can expect privacy for one’s online content. For instance, the question of whether status updates on social media accounts could be used as admissible evidence in cases where employees are claiming sickness, depression, or other ailments while their updates suggest otherwise has been raised in recent court cases.

Case by case, our legal notions of privacy and free speech are being confronted by the new realities presented as people share more of their lives online. Browning believes that there is a need for social media policies in companies, firms, and organizations to guide employees’ online conduct. On the other hand, many are wary of enforcing policies governing online activity as they could easily become a form of censorship and viewed as prohibition of free speech for employees.

The key questions that emerge:  Do we need a new set of rules to guide our behavior online? Do we need to have a new set of rules for how online evidence is treated? Should the law treat content posted by minors differently – just as criminal transgressions by youth are?

What are your reactions and thoughts on the issues?

Stay tuned for a video from the conference in the next few weeks!