FIRST ANNUAL UPSTATE/WESTERN NEW

YORK & BEYOND REGIONAL CONFERENCE

December 6 and 7, 2007

“Forming a Regional Community to Share and Define Best

Practices”

Morning Wake Up Session

The Impact of “Best Practices” and “Carnegie” on clinical programs:

Evaluating Ourselves Internally & Evaluating our place in Legal Education.

Goals of Morning SessionFor all participants to:

1. Become familiar with, and understand, the basics of the Carnegie Report and Best Practices.

2. Gain more particularized familiarity with Best Practices Chapter 5 (Experiential Learning), and how it relates to many other Best Practice recommendations.

3. Develop Experience using Best Practices to assess ourselves, our programs, and our law schools.

a. Begin the process of assessing whether our clinics are using “Best Practices”. If not, how can we address weaknesses?

b. Develop a process for the on-going use of “Best Practices” at your law school as a tool for design, implementations, and assessment.

c. Consider whether “Best Practices” helps us to evaluate the place and role of experiential education at law schools.

d. Enjoy working with faculty from the other regional law schools !!!

CONFIDENCE SURVEY: Learning About the Audience

How many people feel:

Quite Confident in discussing what Best Practices & Carnegie advocates, and how it should be implemented at home.

Somewhat Confident

A little Shaky…

Methods for Reaching Goals9 am - 9:45 LECTURE AND POWERPOINT (Main Room)

Articulate Goals and Methods/Confidence Survey Review History, Politics, and Pillars of Best Practices and

Carnegie. Summarize Important foundational points in Chapters 2

(Setting Goals), 3 (Organizing Instruction), 4 (DeliveringInstruction) and 7 (Assessing Student Learning) of Best Practices.

9:45-10:00 BRIEF Q & A Set up for small groups

5 minute paper exercise!Distribute Small Group assignment and the Table of Contents to Chapter 5

10 - 10:15 BREAK Get to small group room by 10:15 please!

10:15 – 11:00 Small Group EXERCISE

11:00 -11:45 REPORT BACK TO MAIN ROOM Small Group ReportsConfidence Survey/Assessment Survey

Use Professor Gerry Hess’s 8 components for achieving such an environment:

Respect

Expectation Support

Collaboration

Engagement

Inclusion

Delight

Feedback.

More on this LATER

To create a healthy teaching and learning environment.

We will support your AUTONOMY and have HIGH EXPECTATIONS.

We will use MULTIPLE METHODS of instruction. (See pages 132-33 for discussion of the kinds of lecture methods).

We will employ CONTEXT-BASED EDUCATION (See chapter 4 G) by placing you in hypothetical clinics during the small group sessions.

We have integrated PRACTICING LAWYERING into the teaching.

We are attempting to ENHANCE LEARNING WITH TECHNOLOGYWe will consciously attempt to ASSESS THE LEARNING.

Some Reflections from former CLEA president Carrie Kaas …

The Tipping Point

By Roy Stuckey By William SullivanAnne Colby

Judith Welch WegnerLloyd BondLee S. Shulman

By Paul Maharg

Most law school graduates are not as prepared for practice as they could or should be.

Law Schools can do much better. They must make an Institutional Commitment to do so.

Significant improvements to legal education are achievable, if the issues are examined from fresh perspectives and with open minds.

The “near exclusive” focus of law schools on systemic abstraction from actual social context has two major defects:

1.) The casual attention given “to teaching students how to use legal thinking in the complexity of actual law practice.”

2.) The failure to complement the focus on skill in legal analysis with effective support for developing the ethical and social dimensions of the profession.

The Three Apprenticeships:The signature pedagogy of all professional fields.

Teach Students how to think, perform & conduct themselves like professionals.

1.) THINK – intellectual analysis, university teaching

2.) PERFORM – expert practice shared by competent practitioners. (Simulated Practice settings/ Case Studies / Actual Clinic Experience with Real Clients)

3.) ETHICAL / SOCIAL – introduce students to the purposes and attitudes that are guided by the values for which the professional community is responsible

Conferences Promoting Change in Legal Education

- Legal Education at the Crossroads: Ideas to Action, Pt. I- brought together Deans, the AALS, the Carnegie Foundation, and

leading legal educators to discuss reshaping legal education.

- Leaders in legal education reform gathered to address Best Practices, Educating Lawyers, and the opportunities ahead in American Legal Education.

- Coalition of 10 schools, headed by Stanford Law have pledged to discuss necessary changes in legal education.

For more information go to http://bestpracticeslegaled.albanylawblogs.com

What are other schools doing? Case Law School’s Arc Program: A three year program that seeks to provide a completely integrated approach to teaching law and lawyering.

Dayton School of Law: Students are required to participate in one of three curricular tracks: 1) Advocacy & Dispute Resolution; 2) Personal & Transactional Law; 3), Intellectual Law, Cyberlaw & Creativity

Each track at Dayton includes: Mandatory courses in dispute resolution and values and ethics Participation in an externship A clinic or capstone course that brings together skills, theory, research and

writing Mandatory skills proficiency tests are being developed!!!!

Many schools, including Stanford are requiring clinics.

Schools, like Harvard, are overhauling curriculum to teach students to be more efficient practitioners.

Vanderbilt is redesigning the curriculum, with faculty departments setting goals and learning outcomes – in true Best Practices form!!

1.Setting Goals2.Organizing the Program of

Instruction3.Delivering Instruction4.Assessing Student Learning5.Evaluating the Success of the

Program of Instruction

Demonstrate a commitment to preparing students for practice

Clearly articulate their educational goals

Shift from content-focused programs of instruction to outcomes-focused programs of instruction

The primary goal should be to develop competence, that is, the ability to resolve legal problems effectively and responsibly

Help students acquire the attributes of effective, responsible lawyers including self-reflection, lifelong learning skills, professional skills and professionalism

Organize curriculums progressively Integrate the teaching of theory & doctrine Teach professionalism pervasivelythroughout all three years

Use teaching methods that most effectively and efficiently achieve desired educational objective

Employ context-based instruction

Employ best practices when using any instructional methodology

Maintain healthy teaching and learning environments

Enhance with technology and appropriate use of practicing lawyers and judges

Have effective teacher development programs and establish learning centers

Include criteria-referenced assessments, multiple formative and summative assessments, and various methods of assessment

Law Schools should regularly evaluate their effectiveness and use best practices for conducting such evaluations

Chapter 2 – Best Practices for Setting Goals for

the Program of Instruction

A.) School Commits to prepare students to practice effectively and responsibly in contexts they are “likely to encounter.”

Chapter 2 – Best Practices for Setting Goals for

the Program of Instruction - Cont’

B.) Clearly Articulate Educational Goals – for school, for courses, for each class. Phase Shift – identified by Judith Wegner – see

page 43. If educational objectives were made clear to students, students could reach the point at which they master the concept to “think like a lawyer” more quickly and with less stress.

Chapter 2 – Best Practices for Setting Goals for

the Program of Instruction - Cont’

C.) Articulate goals of institution in terms of desired outcomes. OUTCOMES: what students will know and be

able to do upon graduation and how they well they will do it.

when objective outcomes are not made explicit, the pre-occupation is specific knowledge.

GLOBAL MOVEMENT towards outcome education: up until now US Law Schools have ignored it

Seven Principles of Outcomes (1 – 4)

Collaborative formulation with bench, bar and others including students

Consistent and serve school’s mission Adopted on faculty consensus after dialogue

and deliberation Measurable – not decimal place accuracy but a

general judgment of whether students can know, think and do most of what’s intended. (see reference to how clinical profs do this all the time, page 49)

State outcome without jargon, explicitly and in plain English

Number of outcomes is based on what faculty can reasonably address and assess during duration of law school

Outcome demands should be reasonable in light of the abilities of students and faculty

Seven Principles of Outcomes (5 – 7)

Should occur by collaboration among law schools and other entities

An American Institute for the Practice of Law Various statements: LSAC Project to create new

LSAT, ABA Legal Education Section, Judith Younger see pp. 50-55.

Chooses to use the Outcomes adopted in England and Wales

Task of Developing Outcomes

Articulate Goals for Each Course in Terms of Desired

Outcomes

Do you feel overwhelmed? Don’t – Instead listen to what Tom Brummond, who wrote a brief summary of the Best Practices in teaching says: page 55 of book.

Of course its unfamiliar to us, but we can do together with some help from overseas!

Some examples are given at 55-59.

Civil Court Best Practice: Example (pages 56 - 57)

Aim: To develop skills in relation to the conduct, funding and resolution of civil ligation.

Learning Objectives: By the end of the course students should be able to: Interview and advise clients on straightforward issues Take basic precognitions Draft basic pleadings Demonstrate working knowledge of the rules of civil procedure Explain how civil procedure may be funded Explain how actions are settled Know the role of, and conduct basic negotiations Explain and discuss ethical rules associated with civil litigation and dispute resolution.

BOTTOM LINE: Help students acquire the attributes of effective responsible lawyers.

Self reflection and life long learning

Intellectual and analytical skills

Core knowledge of the law

Core understanding of the law Professional skills Professionalism

Practical Judgment as an Intellectual Skill

“Clinical judgment”– Medical education term, a “clinical” habit of mind, practical wisdom and often complex social circumstances. The key needed to identify assess and propose concrete solutions in particular Clinical Professor Mark Aaronson identified 6 key characteristics

The 6 Key Characteristics of “Practical Judgment”

1. Entails the application and tailoring of general knowledge to particular circumstances.

2. A dialogic process of deliberation or reasoning.3. The ability to be empathetic and detached at the same

time. 4. Knowledge is an instrument that should be used

equitably for the benefit of humanity. 5. Lawyering judgment develops over time, and requires

exposure to variety of problems, and repetitive practice.6. Practical Judgment intertwines intellectual and moral

attributes.

Professionalism: beyond the MPRE

Commitment to justice

Honor, integrity, fair play, truthfulness and candor

Respect for the rule of law

Nurturing quality of life

Sensitivity and effectiveness with diverse clients and colleagues

The 12 Outcomes of The Law Society of England & Wales (1 -6)

6. Effectively use current technologies and strategies to store, retrieve and analyze information and to undertake factual and legal research.

1. Demonstrate appropriate behavior and integrity in a range of situations, including contentious and non-contentious areas of work.

2. Demonstrate the capacity to deal sensitively and effectively with clients, colleagues and others from a range of social, economic and ethnic backgrounds, identifying and responding positively and appropriately to issues of culture and disability that might affect communication techniques and influence a client’s objectives.

3. Apply techniques to communicate effectively with clients, colleagues and members of other professions.

4. Recognize clients’ financial, commercial and personal constraints and priorities.

5. Effectively approach problem-solving.

12. Work as part of a team.

7. Demonstrate an appreciation of the commercial environment of legal practice, including the market for legal services.

8. Recognize and resolve ethical dilemmas.

9. Use risk management skills.10. Recognize personal and professional strengths and weaknesses,

to identify the limits of personal knowledge and skill and to develop strategies that will enhance their personal performance.

11. Manage their personal workload and manage efficiently and a number of client matters.

The 12 Outcomes of The Law Society of England & Wales (7 -12)

CHAPTER 3 – BEST PRACTICES FOR ORGANIZING THE PROGRAM OF INSTRUCTION

Basic PrinciplesStrive to Achieve CongruenceProgressively Develop Knowledge, Skills, and

Values Integrate teaching of theory, doctrine, and

practice Teach professionalism pervasively throughout all

three years

STRIVE TO ACHIEVE CONGRUENCE Harmonize:

Programs & Educational mission Curricula & Educational Outcomes, building mastery Course-by-course objectives & overall curricula

Identify Desired Outcomes Then, Map the curricular and co-curricular opportunities

where students are introduced to the skills, values, and knowledge

where do students get to practice them at what point are students expected to attain the desired

level of proficiency.

MAPS identify depth and breadth of opportunities, as well as reveal curricular gaps, redundancies and inadequacies.

STRIVE TO ACHIEVE CONGRUENCE – CONT’

Evaluation processes should also be congruent –determine if the objectives are actually being accomplished.

PROGRESSIVELY DEVELOP KNOWLEDGE, SKILLS AND VALUES

Law Schools should be more than just a collection of courses.

Schools should have sequential design for a “Pathway for Learning.”

Systemic coherence is necessary, even if teachers lose some autonomy.

INTEGRATE TEACHING THEORY, DOCTRINE AND PRACTICE

Integrate cognitive, practical, and ethical-social apprenticeships.

Too much time analyzing doctrine, and too little time for competence promoting abilities.

Move beyond “doctrine vs. other skills” dichotomy.

Not just “add” skills. Need to integrate them.

“Law Schools cannot prepare students for practice unless they teach doctrine, theory, and practice as part of a unified, coordinated program of instruction.”

TEACH PROFESSIONALISM PERVASIVELY THROUGHOUT ALL THREE YEARS

Ironically – law school breeds unprofessionalism Competition between students for limited rewards foster

unprofessional conduct. Instead, establish a culture of respect, civility, responsibility and honor.

Ethics should also be taught pervasively.

Chapter 4 -Best Practices for Delivering Instruction: Principles

applicable to all modes of teaching A. Know your subjects extremely well (unfortunately this is not

enough) B. Continuously strive to improve teaching skills C. Create & maintain effective teaching and learning environments D. Explain goals and methods E. Choose teaching methods that effectively and efficiently achieve

desired outcomes F. Use multiple methods of instruction and reduce reliance on the

Socratic dialogue and case method G. Employ context-based education throughout the program of

instruction H. Integrate practicing lawyers and judges into the program of

instruction I. Enhance learning with technology J. Establish a “Learning Center”

Continuously Strive to Improve Teaching Skills

Excellence in teaching, means: Command of subject matter Clear communication of expectations Enthusiasm and expressiveness Classroom interaction Rapport with students Individualized feedback Reinforcement of student performance

Good Teachers are: Approachable and accessible Interested in student learning & well-being Open to student ideas and questions Concerned about actual progress

Laws Schools must: Value teaching in hiring, retention & promotion. Require teaching portfolios

ABA & AALS should define effective teaching.

Continuously Strive to Improve Teaching Skills – Cont’

Create and Maintain Effective Teaching & Learning Environments Example: Hess’s 8 components

Respect, Expectation, Support, Collaboration Inclusion, Engagement, Delight, Feedback

Do No Harm to Students – Avoid hostile, competitive, confusing classroom.

Support Student Autonomy (perspective taking, choice provision, meaningful rationale provision)

Foster Mutual Respect Dialog Explore ideas Solve problems creatively No humiliation or denigration – model respect Learn student names & experiences / Let students know you

Have High expectations Its an element of respect No piling on work Have FAITH - They can do it! Model high expectation of yourself

Foster Supportive Environment Attitude = concerned & helpful Frequent student-faculty contact, including formal Role model and mentoring role

Encourage Collaboration Cooperative learning = higher team achievement Helps students prepare for actual practice (team projects) Teacher-Student collaboration in course design

Create and Maintain Effective Teaching & Learning Environments – Cont’

Make students feel welcome & included Enhances motivation Motivated by sharing the goals of the course Validates diverse perspectives Teach to wide variety of learning styles & intelligences

Engage students & teachers - Power struggles negatively effect performance Interest & eye contact Solicit viewpoints Encourage speaking Active learning – Share Responsibility

Take Delight – Enthusiasm!!!

Create and Maintain Effective Teaching & Learning Environments – Cont’

Give Regular and Prompt Feedback Students need know what they know and don’t know

○ Oral & Written○ Not everything needs to be written

Helps students improve their self-directed learning skills Learn how to learn in the future Reflective self-evaluation Seek feedback

Model Professional Behavior Basic moral attitudes, social responsibility How to treat others Use of power and authority

Create and Maintain Effective Teaching & Learning Environments – Cont’

Explain Goals & Methods Transparency

Choose Teaching Methods that Effectively and Efficiently Achieve

Desired Outcomes Student-oriented, not faculty oriented Less “sage on the stage” More teaching where students take

active responsibility for their learning Some construction (of a project) – not all

deconstructing text or arguments.

Use Multiple Methods of Instruction and Reduce Reliance on the Socratic

Dialogue and Case Method

Multi-modal methods (see, e.g., pages 132-33)

Limit Socratic method – vicarious, and avoid its use as a weapon

Employ Context-Based Education Throughout the Program of Instruction

Improves transfer from the classroom to practice: students store in memory differently

Learning Problem Solving Repetitions Experience consequences of choices Inductive efforts to understand what works Practice + informative feedback + reflection +

self-assessment Increase use of case histories and actual cases

– beyond the clinics.

Use to Teach Theory, Doctrine & Analytical Skills: Hypotheticals are situated learning – problems and cases Teach theory and analysis

Use to Teach How to Produce Law-Related Documents “Productive action”: idea + technique + performance

Use to Teach How to Resolve Human Problems and Cultivate “Practical Wisdom” Practice (praxis) Interplay between testing theory, and deriving knowledge from

experience Dynamic of professional practice is essential – Fluency needed in

both:○ Engaged mode of narrative thinking & detached mode of analytical thinking

“Supervised Practice” is antidote for lethargy, & creates habits of the mind

Employ Context-Based Education Throughout the Program of Instruction – Cont’

Other Best Practices for Delivering Instruction

Integrate practicing lawyers and judges into the program of Instruction

Enhance Learning with technology

Establish a “Learning Center” Education and Support Assessment of performance based skills Innovation laboratory for faculty

Chapter 7: Assessing Student Learning

We SHOULD BE finding out if students have achieved learning outcomes of courses studied.

Only real assessment US law schools use is Bar Exam

Not only to protect public from those few trainees “not expected to overcome their deficiencies” but to: Foster learning Inspire Confidence Enhance Learners Ability to Self Monitor Drive Institutional Self-Assess and curricular

change

Conduct Criteria Referenced Assessments Not

Norm-Based The traditional scaled grading system allows law

schools to “sort” for employers but impedes “learning, community building and moral development.”

In particular, first year harms student motivation and opinion of law school.

Tests/Assessments must be: Valid, Reliable and Fair.

A single exam at the end of the year in a time pressured situation fails on all 3 counts.

Judith Wegner’s Five Key Principles for Assessment

Learning is: The Point Must Be Made Visible to Be Assessed

Multifaceted and Develops Over Time Must reflect the particular purpose ( evaluating vs. conferring

distinction vs. documenting professional capabilty)

Occurs in Context

Assess to…

Inform Students of their Level of Professional Development Limited Proficiency Basic Competence Intermediate Competence Advanced Proficiency

Asessment Examples The student is familiar with the skill, task or

transaction, but not able to perform it. The student can perform the skill, task or transaction,

but requires closely supervised practice. The student can perform the skill, task or transaction

with minimal supervision. The student can perform the skill, task or transaction

adequately without further training. The student can perform the skill, task or transaction

in an outstanding manner with virtually no supervision and could provide assistance to others.

Questions – rated on scale of 1 – 5 1. Greeting and introduction by the student lawyer was

appropriate 2. I felt the student lawyer listened to me. 3. The student lawyer approach to questioning was helpful. 4. The student lawyer accurately summarizes my situation. 5. I understood what the student lawyer was saying. 6. I felt comfortable with the student lawyer. 7. I would feel confident with the student lawyer dealing with

my situation. 8. If I had a new legal problem I would come back to this

student lawyer.

Assessment Examples –Interviewing Assessment used at Glasgow Graduate School of

Law in January 2006

The Scale used to rate the questions on the previous slide: 1 point: Lawyer was bored, uninterested, rude unpleasant,

cold, or obviously insincere.

2 points: Lawyer was mechanical, distracted, nervous, insincere, or used inappropriate remarks.

3 points: Lawyer was courteous to you and encouraged you to confide in him or her.

4 points: Lawyer was generally attentive to and interested in you. You felt confident to confide in him/her.

5 points: Lawyer showed a genuine and sincere interest in you. There was a sense of connection between you and the lawyer.

Assessment Examples –Interviewing Assessment used at Glasgow Graduate School of

Law in January 2006

Conducting Formative Assessments – Techniques

Misconception / Preconception check: uncovers prior knowledge or beliefs that may hinder learning.

Minute Papers: a/k/a “half-sheet responses” asks students “what is the most important thing learned today?”

Empty Outlines: Prof gives partial outline, asks students to fill in blanks.

Categorizing grids: students sort info in concept categories.

Defining Features Matrix: students categorize concepts according to certain defining features.

Conducting Formative Assessments – Techniques Cont’

Classroom Opinion Polls: helps students evaluate opinions against their peers.

Course related self-confidence surveys: allows professor to evaluate the best approach to student learning, as well as student needs.

Electronic Mail Feedback: professor asks question by email, and receives a anonymous answer from each student.

Group Instructional feedback technique: peer reviewed teaching evaluation, outside facilitator visits class.

Require Students to Compile an Educational Portfolio

Not just for one course or clinic

But, for entire law school career

Questions & Answers

- Distribute Assignment and Table of Contents to Chapter 5

+ take some time now to discuss what part of Chapter 5 you would like to discuss as part of your BREAK OUT assignment.

-Repeat confidence survey- distribute self-assessment

“Report Back from Small Groups”

We would also ask that you take some time to reflect on how you will use this presentation in the future.

- Self-Assessments -