Helping Prepare Law Students for Real-World Practice

1. Helping Prepare Law Students for Real-World Practice [Insert Name of Organization] [Insert Name of Speaker]

2. Today’s Conversation • This will be more of a conversation among colleagues than a lecture • We will focus on helping faculty increase teaching of “practical problem-solving”

3. Premises for Today’s Conversation • There is a need to increase practical skill training • Increase familiarity with broad range of skills • Enhance learning of doctrine through application • Legal education reform is a HUGE topic we can’t fully cover today • This can be a sensitive topic touching feelings and identity of most faculty

4. Appreciating Each Other • Important to appreciate colleagues focusing on producing scholarship and teaching doctrine • Their work is – and will continue to be – important • Important to appreciate colleagues focusing on teaching skills • They often feel under-valued, vulnerable, and/or invisible • Reform process can involve difficult conversations • Use techniques in “Difficult Conversations” book

5. We Need to Work Together • Each member of the faculty – and the staff – plays an important role in the educational program • We should appreciate the complementary contributions we each make • We need faculty who emphasize teaching doctrine, legal skills, transactional work, and clinics • Both scholarship and teaching are important

6. The “Curse of Coverage”(The Elephant in the Room) • Phrase from Barbara Glesner Fines • Dilemma for most faculty trying to provide most possible instruction with limited time • “Mile wide, inch deep” instruction • Challenge grows as doctrine mushrooms • How much do students learn and retain? • Hidden messages about what is important or not

7. LEAPS • Legal Education, ADR, and Problem-Solving Project of ABA Section of Dispute Resolution (leaps.uoregon.edu) • Incorporate more “practical problem solving” (PPS) • Interpersonal skills (e.g., communication) • General lawyering skills (e.g., interviewing, factual and legal research, writing, analyzing options) • Dispute resolution and prevention • Professionalism

8. Potential Benefits • Greater identification with range of legal roles including interviewer, advisor, planner, negotiator, and dispute process innovator, in addition to courtroom advocate • Increased integration of doctrinal and skills instruction • Increased student learning and retention of knowledge about legal doctrine and skills

9. Some LEAPS Suggestions(which you may already do) • Shift some hypos from appellate argument to client counseling or negotiation • Focus on problems instead of only cases & doctrine • Use simulations inside or outside class • Videos / guest speakers • Informally collaborate with colleagues • Get advice and examples from LEAPS consultants - civ pro, clinics, contracts, criminal, family, labor and employment, prof. responsibility, property, torts

10. How Do You Teach PPS? Many faculty regularly incorporate PPS in their courses • How do you do it? • What works well? • What challenges do you have? • How have you dealt with the challenges?

11. Barriers to Teaching More PPS • “Not role of law school or doctrinal courses” • “I don’t have the practical experience” • “I don’t have the time” • “This won’t help students pass the bar” • “I can’t assess students’ learning of PPS” • “Students will resist” • “It’s too difficult logistically”

12. Overcoming Barriers to Teaching PPS Some ideas: • Start by making small changes • Get help from colleagues at your schools or others • Ask a colleague to observe your class • Observe a colleague’s class • Take advantage of materials produced by others • Seek support from dean to develop new materials • Use creative assessment methods

13. Overcoming Barriers – Cont’d • If you are interested but think, “Yeah, but …” • … see detailed suggestions on LEAPS website