Lawsagna

Directory of Free E-Learning Tools

I’ve recently come across the Directory of Free E-Learning Tools created and constantly updated by Jane Hart, Learning & Performance Technologist.  It is a great resource for anybody who likes to use technology in training and learning.  As of this writing, it lists 581 free tools across various categories, such as Document tools, Web page, blogging & wiki tools, Interactive Content tools, Communication tools, Resource sharing tools, Course, Content & Community tools, Personal tools.  Each of these larger categories is subdivided into subcategories that are self-descriptive and easy to search.  They cover anything from personal productivity to presentations, note-taking, blogging, widgets and accessories for blogs and web pages.   The Directory also provides an alphabetical listing of tools.  Each tool has a brief description of its main functions and availability with the link to the product provider.  I like how this site is organized.  It is very informative and easy to navigate.  Plus, you can subscribe to the updates via news feeds.  Check it out. 

A peg memory technique

If you find it hard to remember how and when certain legal rules apply in a sequence, you can try pegging the application of those rules to a system that is more memorable and familiar to you.  Here is an example from the area of trusts and estates.   Let’s say that I want to remember that the Rule in Shelley’s Case and the Doctrine of Merger can apply sequentially in certain conveyances.  I will illustrate it with the following hypothetical:

O deeds the property to A for life, then to A’s heirs.  Describe the interests conveyed and retained in this transaction in a jurisdiction where the Rule in Shelley’s Case applies. (Most states have abolished the Rule in Shelley’s case by statute.)

Answer:
In form, O intended to create a life estate in A and a contingent remainder in A’s heirs (it is contingent because living persons have no heirs).  However, under the Rule in Shelley’s Case, the remainder interest that is created in favor of A’s heirs is deemed to be limited in favor of A.  Therefore, A has both the life estate and the next vested remainder.  At this juncture, the Doctrine of Merger applies, merging the life estate and the next vested estate to give A a fee simple absolute.

To help me remember the application of the Rule in Shelley’s Case and the Doctrine of Merger, I am going to invoke a traffic theme.   Since the letter ‘A’ is often used in hypotheticals to refer to a grantee, I will call the application of the Doctrine of Merger after the operation of the Rule in Shelley’s Case the ‘AAA Rule’ after the well-known emergency road service: 
A’s life estate + A’s vested remainder = A’s fee simple absolute.

I will also use the merging traffic sign to reinforce my recall of the  Merger Doctrine and the fact that the Merger Doctrine applies only when A has both the life estate and the vested remainder that immediately follows the life estate (only two roads next to each other can merge). 

Continuing with my traffic theme, I will also remember that the Rule in Shelley’s case is a rule of law just like a rule of the road, and not a rule of construction, and therefore, it applies even if the grantor intended otherwise. 

In this example, I pegged less memorable legal rules and applications to familiar traffic concepts to assist my memory.

Related posts:
Healthy Bites
How to use metaphors and associations to aid your memory
Branch out:  mind-mapping
Memorize this
Puzzle your brain

Ready to use or ready to lose?

Have you noticed how well items are packaged these days?  I can’t open anything without cutting my fingers.  Yesterday, I fought a plastic wrap on a tea box for much longer than such a simple task should take.  Do you know that they sell CD and DVD openers now?  I expect to see the following message on a box soon:  “Batteries included.  Box opener sold separately to prevent tampering.”   Then again, maybe I should look for the clues more carefully:  a red string to pull or a scissor line to tear.  I am afraid, I am too impatient for that.

It got me thinking about how information is packaged these days.  In our fast-pace life, how much time and effort are we willing to spend on acquiring knowledge we need?  Internet makes it very easy to access information.  We are accustomed to punching in a few words into a search engine and getting hundreds of pages of stuff.  Wealth of information is at our fingertips. But does it make us more impatient and less inclined to dig deeper in our search for meaning?  Are we relying too much on the sources whose credibility we cannot verify?

The other side of the spectrum is the knowledge that we have to struggle to receive.  You can’t become a lawyer just by surfing the net.  You have to read cases, brief them, endure the Socratic questioning, outline.  Sometimes, it seems easier to pick up a study aid instead.  There is an abundance of commercial outlines, hornbooks, nutshells.  Even students’ briefs and outlines are available online.  The thing is, though, that even if you read all of them, it won’t make you a lawyer.  Don’t get me wrong, I think study aids have their place and purpose in legal education.  I have personally used some.  But their purpose is to aid, not to substitute for the real work.  Our brains don’t like to be spoon-fed information.  We are wired to solve problems.  Our brains like challenges even if it feels like your head is about to split.  We remember things better if we had to struggle to understand them.  We have to own the material to turn it into the ready-to-use knowledge.  Otherwise, we lose it.   I guess, sometimes, we just have to fight through the bubble wrap because it is there for a purpose.   

Tip Bit #4: Negotiating Tip of the Week Podcast

Do you want to brush up on your negotiating skills?  The Negotiating Tip of the Week podcast with Dr. Josh Weiss, Associate Director of Harvard's Global Negotiation Project, delivers useful advice and interviews with experts in the negotiation field.  Most of the podcasts are only about 5 minutes long (the interviews are longer), so they won’t take much of your precious time, but the impact may be long-lasting. 

If you want to test your negotiating skills, check out the interactive games from the Stitt Feld Handy Group that will require you to conduct simulated negotiations with animated computer characters.  Some of the scenarios involve negotiating a raise with your boss, mediating a conflict between two neighbors, advising the wife or the husband in their marital dispute.  The games are free.  The Group also offers an on-line negotiation course for a fee. 

Chasing metaphors

Sometimes, my brain chooses to focus on something, and I am not quite sure why.  I like to indulge my brain occasionally and go with the flow.   That’s how this post started – with the flow of financial metaphors described by Roger von Oech of Creative Think: 

Flood the Market       Laundered Money      Liquid Assets       Solvency      Deposits      Slush Fund      Pump Money In     Frozen Assets      Float A Loan      Bank      Currency      Take A Bath      Cash Flow      Washed Up      Sinking Fund      Capital Drain      Underwater Pricing

He calls it “The Water Model of Finance.”  I have used those terms many times, but I have to admit I have never thought about the water metaphor.  Curious…Now what about those corporate law metaphors of “White Knight,” “piercing the veil,” “poison pills,” “crown jewel”?   

It made me wonder about the effects of metaphors on our thinking and learning.  And the metaphors kept coming…  I came across a post of Eide Neurolearning Blog on Metaphorical Thinking.  It talks about how “[w]e often think, decide, and plan based on metaphorical assumptions of which we may not be fully aware.”  It describes a study that asked college students to choose  a metaphor that best descibed their learning during lecture classes: "Sponge," "Tape Recorder," "Stenographer," "Code Breaker," "Reporter," and "Explorer".  The choice of metaphors was fairly predictive of the students’ preferred note-taking practices.  The study posited that the students’ conceptual models could either facilitate or hinder their learning.   Which metaphor would you choose to descibe yourself?

Analogy thinking is big in law.  When lawyers talk about precedent, they make analogies between the fact pattern of their case and the fact patterns of the previously decided cases.  "Is my case more like this one or that one?"  Metaphors help to bridge the gap.  However, because we are not always fully aware of our metaphorical assumptions, we can fall into a hidden trap.  The Volokh Conspiracy has a post on dangers of believing your own metaphors. 

What are the metaphors you live by?

Find your learning rhythm

Lately, I have been experimenting with various patterns of work/rest/chores/childcare/ other tasks throughout my day.  I have found the challenge to be not so much about scheduling all those activities, but rather about establishing routines that give a healthy rhythm to my day without disrupting its natural flow.   I don't think it is just kids and dogs who need routines.  Adults can benefit from them too.  I can explain it better with a cooking example.  Making lasagna is a multi-step process:  I need to brown ground beef, make the sauce, prepare the ricotta mixture, boil lasagna noodles, assemble the lasagna and then bake it in the oven.  Some of those steps require a certain order:  I cannot assemble the lasagna until I have all the components ready. At the same time, I can choose to make it in several sessions:  I could assemble the lasagna in advance and put it in the refrigerator to bake at some later point.  To use the time efficiently, it makes sense to prepare several things at the same time, for instance, I could mix the ricotta cheese and eggs while browning the meat.  I need to remember to preheat the oven so that I don’t have to wait for it.  With practice, you are able to get into the swing of things so that the whole process goes smoothly and efficiently.  You have found your rhythm. 

Human beings are very rhythmic.  Our hearts pump blood through our bodies rhythmically.  We breathe, walk, talk in a rhythmic fashion.  Kathy Sierra of Creating Passionate Users describes it well in Rhythm Method: “Life runs on a pulse…”.  It is not a stretch to say that learning has its rhythm too.  How can you find your learning rhythm?  There are a few questions you may want to consider:

• Is there a certain order in which you prefer to do your tasks when you study?  Do you like to complete all your reading assignments first and then outline?  Or do you prefer to start with reviewing and outlining, and then get to reading?  What are the trade-offs of each approach?
• Do you first complete the easy tasks or the difficult ones?  Why?
• Do you like to focus on one subject matter and do everything related to it during the whole study period or do you switch between subjects and tasks?
• When do you review your notes:  right after class, before the next class, or at the end of the week? (I hope it’s not one day before the exam.) Do you know what works best for your memory?
• How often do you take breaks when you study?  Many believe that 50-minute sessions with 10-minute breaks are optimal. 
• How well is your studying schedule coordinated with the rest of your daily routines?  Do you feel rushed all the time?  Are you exhausted by the end of the day?
• What are your best working hours?  Do you take advantage of your natural energy peaks throughout the day when you study?  What tasks should you be doing when you energy is high?  Which ones do you reserve for your low points?   

I am sure there are more questions to ask.  Send them in!  I encourage you to experiment with your daily routines to see if you can find your rhythm and flow.  It makes a difference.

Music to your brain

How does music affect you?  Do you have a favorite CD that lifts your mood whenever you play it?  Do you have special tunes that energize you or help you sleep?  When I was an expecting mom, I read all sorts of articles on the effect of music on the baby’s development and we played music a lot in our house, but I still was amazed to discover how enthusiastically my child responded to music early on.  She started swaying and ‘dancing’ when she heard her favorite songs even before she could walk.  And she exhibited preferences for upbeat tunes.
 
So why are so many of us deeply touched by music?  Daniel Levitin, a professional musician and neuroscientist sheds some light on the mystery of music in his book This Is Your Brain on Music:  The Science of a Human Obsession.   Brain imaging done on people as they listened to music showed that music activated various parts of the brain related to planning, expectation, language, motivation, pleasure.  Music elevates dopamine levels, much like narcotics and antidepressants do.  Levitin also believes that music promotes cognitive development. 

Do you want to explore what is music to your brain?  You don’t have to go far these days.  Pandora  of the Music Genome Project will create a personal radio station for you, playing tunes that you are likely to enjoy, when you indicate your favorite artists or songs.  You can also get free classical music recordings via podcast.  Interested in meditation music or brain wave therapy?  Brain Sync has a collection of CDs and audio programs for you.  It also offers a free 10-minute guided meditation if you want to take a little break from your computer. 

How to develop negotiation skills

Negotiation is an important part of legal practice and effective representation.  What do you need to know to be a skillful negotiator?  Can you communicate your client’s interests in such a way as to produce the best outcome for the client?  Here are a few resources to help you at the negotiation table.

Genuine Curiosity has great tips on how to prepare to negotiate.  Some of the questions you need to consider are:

• What do you know about the party you are negotiating with?
• Are you clear about the objectives and limits of your negotiation?
• How do you plan to rehearse your negotiation strategy?
• Where should you hold the negotiation sessions?
• How can you remain clam and focused during negotiations?

The article Win-Win Negotiation Skills for Lawyers:  The Art of Getting What You Both Want by Janet Ellen Raasch will tell you if you are a carp, shark or dolphin in negotiations.  Be a dolphin, and you won’t get grilled.

Brain Based Business offers 10 Surprisingly Simple Words that End Dysfunction and Add Profit. 

Are you good at interpreting body language?  Often, we don’t have enough time to reflect on nonverbal clues.  Maybe, we are too distracted by our own thoughts to even pay attention.  Not so for Dr. Hugo Heyrman.  His Body Language Sequences of short looped films will allow you to watch rhythmic patterns of body language in motion and appreciate its meaning.  Here’s how he describes his project:

"In the Body Language Sequences I walk through the streets of Antwerp City, to investigate how people differ from each other, how people are using 'silent language' and 'personal space'. I am interested in the temporality of speed, acceleration, slowness and pause. How 'sub-movements' are expressed. How motion precedes emotion. Up to 90% of all of our communication is nonverbal. The direct actions of the human nervous system are usually subconscious, instinctively meaningful and more honest than verbal communication. Bodies do not lie. The 'subliminal' messages of the body are playing a major role in how we relate to others and how they see us. Our bodies are the most public signals of our identities, and private reminders of who we are. We imagine by remembering, or vice versa. In the ritual quality of interpersonal actions there is a hidden code of behavioural patterns, through which hierarchical and social power structures emerge. The body language sequences of the human figure in motion, are a display of our motives in the flow of time."

Tip Bit #3: The Three 'P's of Performance

The approach of another semester causes some students to renew their commitment to better studying habits.  Today’s tip bit is for them.   The three 'P's of performance are:

• Prioritize.  You need to list all things that you do on a daily basis and prioritize them.  Some of them may be essential, like eating dinner or going to classes.   Others may fall into the ‘time permits’ category. 
• Plan.  You need to develop a plan that will help you to accomplish your important tasks without feeling stressed and exhausted. 
• Prepare.  Your performance as a student is all about preparation.  Once you have a plan, all you need to do is execute.   

Law School Academic Support Blog explains how to create a weekly time-management schedule to make sure you complete all your important tasks.   

I’ve also put together Studying Schedule Tables that will help you to allocate time to various tasks you need to do to prepare for your classes on a weekly basis.  You just need to substitute your own subjects, activities and percentages.  Download studying_schedule_tables.xls [Excel 33 KB]

The Available Study Time Table requires you to determine how much time you have to study each day and fill in the time in minutes.

In order to fill in the Effort Concentration Table, you need to decide what percentage of your study time you allocate to each subject based on your course schedule and studying preferences.  For example, you may decide that Sunday is your Contracts day, but you split Monday 50%-50% between Property and Con. Law.

For the Activity Distribution Tables, you break down each subject into smaller activities, such as reading, outlining, review, etc.  Then you decide what percentage of time you want to spend on each activity for that subject. 

The Summary Table automatically calculates how many minutes you will spend on each activity of each subject for every day of the week.  That’s the second sheet in my Excel file, titled Weekly Summary Sheet.

Prioritize, plan, prepare!   

How to jazz up your notes

I don’t know about you, but I like to give some texture to my text.  A simple change in the layout or format of the text can boost comprehension and recall.   It's like providing your brain with navigation tools.  I don’t like the densely-typed sameness that goes on and on for pages.  I get lost in such notes like in certain suburban neighborhoods where every house looks alike. A few days ago, I read an interesting article on How Users Read on the Web.  It turns out they don’t.  Most people just scan websites, looking for key words and ideas.  I see some similarities with student notes.  Students diligently take notes, but they don’t really want to read them again.  Perhaps, the following tips for web writing can be applied to note-taking to improve readability and retention:

• Highlight keywords.
• Use meaningful subheadings.
• Use bullet points or numbers to list items.
• Start a new paragraph for each new idea.
• Be concise. 

For note-takers, I would add:

• Develop a system of abbreviations and symbols for frequently used words and concepts.
• Use visuals, such as tables, time lines, concept trees, mind maps whenever you can.

Perhaps, if you jazz up your notes, you are more likely to go back and review them after all.  What do you think?

Related posts:
Branch out:  mind-mapping
A few notes on note-taking

Anticipation: getting ahead of the curve

"Skate to where the puck is going, not to where it is."  This famous saying by Wayne  Gretzky, “the greatest player of all time” according to The Official Encyclopedia of the National Hockey League, nicely sums up the skill of anticipation.  The ability to predict where things are going is very important not only for ice hockey players, but for lawyers as well.  Think of all the time lawyers spend anticipating the outcomes of the cases, the moves by the opposing party, witnesses’ responses,  negotiating tactics, and everything that can go wrong.   But what is anticipation?  Can we learn to anticipate better?  It certainly seems that experience has a lot to do with this ability.  Anticipation appears to be a complex skill, so I’ve decided to break it down to some more basic components.  Perhaps, if we work on those, we can get better at anticipation.  Here is my list:

• Asking the right questions.  When we anticipate something, aren’t we looking for an answer to some important question or problem that is on our mind?  If that’s the case, the practice of asking questions about future events should help us to get better at predicting the outcomes of those events.  Next time, before you read a case for your class, ask yourself some questions about it.  What do you think it is going to be about?  Was there anything in the last case you read that was left unanswered?  Why is it in the textbook?  What is it going to add to the legal doctrine you are studying?  When you try to answer those questions, look at the material you have covered so far, consult the table of contents and the syllabus for your class.  Get a bird’s view of the task, and you may see better what is to come.  After you read the case, try to predict the questions your professor is going to ask in class.   
• Recognizing patterns.  Patterns are predictable.  If you are good at recognizing patterns, you are good at anticipation.  Look for recurrent behaviors.  If you don’t review your notes or outline, you don’t do well on the test – that’s a pattern.   
• Prioritizing.  We are constantly bombareded with all sorts of information.  When we make a decision about something that may occur in the future, we need to determine what to take into consideration and what to ignore.  Malcolm Gladwell’s Blink is about learning what’s important and making snap judgments based on “thin slices” of information.  When you enter a law firm’s office, what can you tell about its culture?  What clues do you use to make that determination? 
• Mindfulness.  In order to anticipate, you need to be aware of what is going on around you.  You want to notice things, words, behaviors. Sometimes, anticipation is about paying enough attention to the present. 
• Empathy.  I think there is a connection between empathy and the ability to anticipate.  If you can share in someone’s feelings and emotions, you can understand that person better, and as a result, you are better at predicting behavior.   

Is there anything else I should add to the list?  Let me know. 

A pragmatic approach to reading

I am trying to unlearn the long-time habit of reading books from cover to cover.  Don’t get me wrong, some books I still want to read leisurely. I want to linger over sentences and savor the dialogue.  Fiction books certainly fall into this category, and some non-fiction as well.   However, there are so many more books out there that I want to get to and read for information.  I need a more effective way of reading. 

I’ve found that the previewing method works well for me.  I start off  with the book cover, the author’s bio and the table of contents.   That gives me an idea what the book is about, who wrote it, and how it is structured.   I often do it before I actually buy the book.  The next step requires more discipline.  On my first read, I want to spend just a few seconds per page and go through the whole book quickly.  I will glance at the headings, subheadings and any visuals.  That’s where my efforts often derail because I dig into something sooner than I need to.  If I do the skimming properly, I usually get a pretty good picture of the main ideas and arguments.  I also know where to find the information I need to focus on.   Then, I can go back to the pages I want to read more carefully. 

Sometimes, I feel guilty rushing through the book.  After all, somebody took time to write it.  I am concerned that I may miss some gems of wisdom.   I also like to be surprised by an idea.  At the same time, I realize that I gain more from a book if I read it with a purpose in mind.  If I know what I am looking for, I have a better chance of capturing it in my memory.  The truth is that even if I read the whole book page by page and pay attention to every idea or example, I will eventually forget the stuff that is not relevant to what I am doing.  I need to be more pragmatic about reading books:  “What’s in it for me?” 

What do you think?  How do you read books?

The Secret Society of Happy Lawyers

The Idealawg and Life at the Bar are conspiring to start The Secret Society of Happy Lawyers, but it looks like some secrets may soon come out.  How about opening the VALVE of Happiness as a rite of initiation?   The VALVE is a code that stands for:

• Vision.  Happy lawyers have a vision of a better world and a better Self.
• Attitude.  Happy lawyers have an attitude that enables them to meet daily challenges with courage and grace.
• Love.  Happy lawyers share love for people that inspires their service.
• Values.  Happy lawyers have values that guide their choices.
• Energy.  Happy lawyers have energy that propels them to do the best work they can.

Are you ready to open your VALVE of Happiness?

Related post:
Happy hour for lawyers:  interview with Alexander Kjerulf, Chief Happiness Officer

Ten tips for receiving feedback

Do you appreciate constructive criticism?  Does it make your angry?  Do you feel hurt?  All of the above?  Constructive feedback is essential for learning.  Feedback is a scarce commodity in law school.  Students often don’t know how well they are doing until they see their grades.   There is no homework to turn in so that the professor could evaluate your progress.  There is very little team work in law school.  In real life, you are going to hear criticism from partners, other associates, clients, opposing counsels, judges.  Not so in law school.   You need to be proactive in seeking feedback from your professors.  The sooner you learn how to receive and act on the constructive feedback, the better off you are going to be.  Here are ten tips for receiving feedback:

1. Develop the right mindset.  Law School Academic Support Blog has a great post on The First Year Five-Step Grade Acceptance Plan.  Feedback is information, and your brain must be receptive to take in the ideas that are offered.   If you are angry, emotional, defensive, you can’t think clearly.  Use stress-management techniques, such as taking deep breaths, to control your emotions.   
2. Schedule appropriate time and place for receiving feedback.  You don’t want to be rushed or disrupted.  It is probably not a good idea to seek feedback right after you see your grade even if you feel the urge to deal with it right away. 
3. Prepare for your feedback session.  Think of the questions you may want to ask your professor.  It should be a two-way conversation.  Focus on the solutions of the future rather than the mistakes of the past.
4. When you listen to your professor, your goal should be to understand, and not to judge what you hear.  You will have time later to decide if you agree or disagree with the professor’s opinions and recommendations. 
5. Repeat back what your professor has said to avoid misunderstandings.  You can offer your summary of the main points at the end of the session:  “Let me see, Professor, if I understood you correctly.  In your opinion, I should focus on …”. 
6. Ask clarifying questions, but don’t get into an argument.  Keep it professional.
7. Take notes so that you can review them later when you decide what to do about the feedback. 
8. Don’t feel that you have to accept each piece of advice.  You can sort the recommendations you received into three categories:  “cash,” “stash,“ and “trash.”  “Cash” is the “golden” advice that you should definitely follow. “Trash” is the advice you choose to ignore.  “Stash” is the advice that you need to think about in the future. 
9. Turn your feedback into a set of goals and actions to implement.  There is no use in feedback if you don’t plan to do anything about it.
10. Acknowledge your professor’s time and expertise and thank him or her for the feedback.

You are in law school to learn, and your professor is there to teach you.  A feedback session can make the process easier for both of you.

Tip bit #2: presentation

"Tell me and I will forget. Show me and I will remember. Involve me and I will understand."
Confucius

If you need to make a presentation to your class or your client, make it visual and make it interactive.  If you are not sure how to visualize your data, check out A Periodic Table of Visualization Methods.   The table is color-coded for six categories:  data visualization, information visualization, concept visualization, strategy visualization, metaphor visualization and compound visualization.  It’s fun to poke around. 

The mosaic of legal analysis

Students sometimes have trouble composing analytical sentences.  They describe the applicable legal standard, mention the facts, and end up with the conclusion rather than the analysis.  For example, if I say: “The risk of injury to a tenant resulting from criminal activity on the premises was foreseeable because the landlord decreased the security in the building, the crime rate in the building increased, and the tenant complained about the security of the common areas to the landlord,” I stated a conclusion.  I mentioned the legal standard of foreseeability and the facts that the landlord decreased the security, the crime rate went up, and the tenant complained.  What’s missing is the analysis.  Because the analysis is usually based on common sense and our understanding of how things work in the world, it’s easy to fill the analytical gap in the sentence above in our minds and forget to verbalize it.  When I said that the landlord decreased the security in the building and the crime rate went up, you understood that to mean that the risk of injury to a tenant really existed.  You wouldn' t have the same understanding if I told you that the building was vacant.  When I said that the tenant complained about the security of the common areas to the landlord, you inferred that the landlord was aware of the problem with the common areas.  Now, what if I tell your that the tenant had hallusinations, made up stories all the time, and everybody in the building knew about it? 

The point is that you need to spell out that common sense understanding as part of your analysis.  An analytical sentence would look something like this:  “The risk of injury to a tenant resulting from criminal activity on the premises was foreseeable because the landlord knew that the crime rate in the building was increasing and it posed a risk to tenants since the tenant told him so when she complained about the security of the common areas.”

Some of you may find it helpful to compare the process of writing out the analysis to making a mosaic.  Your mosaic board is the legal standard.  The mosaic pieces are the facts.  Before you start gluing the pieces to the board, you need to have a mental image of what you want to create, and you need to draw that image on the board so that you know where each piece goes.  Similarly, you need to put into words your understanding of how facts meet the legal standard.

Related post:
Get your pens ready:  it's time to scribble   

Can we create the ‘Aha’ moments on demand?

Do you know the feeling when you have been struggling with a problem for a while and then suddenly all the pieces of the puzzle come together and you have the answer you have been looking for?  Do you remember what you did right before that ‘Aha’ moment?    I’ve recently read an article titled “The Eureka Moment” by Guenther Knoblich and Michael Oellinger in Scientific American Mind (need subscription).  They report on a number of experiments conducted by cognitive neuroscientists that suggest the right brain takes the leading role in generating the insights.  While we don’t know yet how to create those eureka moments on demand, there are some practical steps we can take to increase the likelihood of their occurrence.

1. First, you need to know your stuff.  You need sufficient knowledge and understanding of the issues to solve the problem.
2. Second, much like athletes train before a competition, you need to condition your brain by giving the problem your full effort and attention.  You are likely to get stuck at some point, and that’s OK.  There is a trick to overcome this phase. 
3. The trick it to get away from the problem for a while.  The downside of the knowledge and expertise is that we become too rigid in our approaches.  The brain needs some quiet time to restructure the problem and allow us to look at it from a different angle.  That’s when the insight is more likely to occur. Scientists believe that sleep helps to absorb and reorganize information, so naps often lead to the ‘Aha’ moments.  Here is an interesting account of the breakthrough moments experienced by famous musicians, artists and scientists.   It turns out that many of those moments happened in a somnambulistic state.  A positive attitude helps too, so take a break from the problem and do something fun.  The solution may come to you when you least expect it. 

Too often we associate gain with pain, and while some pain is inevitable, your brain does not want you to suffer continuously.  Treat your brain well, reward its hard work with sleep and pleasure, and it will do wonders for you.

The art of storytelling

“The face of the water, in time, became a wonderful book – a book that was a dead language to the uneducated passenger, but which told its mind to me without reserve, delivering its most cherished secrets as clearly as if it uttered them with a voice.  And it was not a book to be read once and thrown aside, for it had a new story to tell every day.”
Mark Twain, Life on the Mississippi

I don’t remember the occasion when one of my law school professors read us an excerpt from Mark Twain’s Life on the Mississippi, but it was the best narrative I heard in law school about learning.  At 24, Mark Twain realized his boyhood dream of becoming a steamboat pilot on the Mississippi River.  The excerpt is his reflections on learning to read the river and the gains and losses involved in the process. 

Sometimes telling a story is the best way to communicate an idea.  Businesses use storytelling to convey their values, to deliver their message to customers, to initiate change.  Stories are also important to the practice of law.  Clients bring their emotional, sometimes disjointed stories to the lawyers’ offices.  Lawyers repackage them into restrained, logical and persuasive stories for the court.  They throw in some combativeness and flare for the jury.  All the while, they are pushing the story of conflict towards its resolution. 

Storytelling is an important skill for law students to learn.  Often times, this skill is disguised under the legal functions of 'writing a persuasive brief'' or 'preparing for an oral argument,' but in the essence, it is still an art of telling a good story and one of the oldest ways to communicate.  Many great people have written about storytelling much better that I ever would, so I am referring you to their narratives on the subject:

What makes a story great? Seth Godin’s blog has the answer in the article How to tell a great story. 

How to build a good story?  Check out enterRETAINment’s posts on the Story Structure.

Brain Based Business will tell you how Stories Boost the Business Brain.

TrackKnacks has advice on the use of stories for career advancement. 

Legal Sanity focuses on telling simple but powerful stories in law and beyond.

Want to discuss the wisdom of storytelling further?  Book your trip to London, UK to attend the July 2007 conference Once Upon a Legal Time: developing the skills of storytelling in law, as advised by the Legal Theory Blog.

What story are you telling today?

What a ‘jailhouse lawyer’ can teach Harvard law students

What can a ‘jailhouse lawyer’ teach Harvard law students?  Gigi Stone and Mary Harris set to explore this question in their article 'Jailhouse Lawyer' Lectures Harvard Law Students.  It is a story about an inmate who received life in prison without a possibility of parole due to what he believed was ineffective assistance of counsel.  He taught himself law and now uses his legal skills to help fellow inmates to prepare their appeals.  His article was published in the Harvard Civil Rights - Civil Liberties Review, and he is a guest lecturer in one of Harvard’s law classes.  The authors write that his “presence at Harvard has transformed the career goals of many students.” 

As I was reading the article, I began wondering why his lectures had such an impact.  What made this learning experience so effective?   As I was thinking about it, the six principles of stickiness came to mind from the book Why Some Ideas Survive and Others Die…Made to Stick by Cheap Heath and Dan Heath.  The six principles are simplicity, unexpectedness, concreteness, credibility, emotions and stories. (Brain Based Business has a nice review of the book.)  It’s not really surprising because learning is about ideas that we hope are going to stick.  The 'jailhouse lawyer’s' message is so effective because:

1. It is simple.  His position is clear and easily understood.
2. It is unexpected.  We don’t expect that a public defender’s mistake is going to render a person in jail for life.  It is unexpected for an inmate to become a lawyer in prison and teach Harvard law students.
3. It is concrete.  His story makes abstract legal principles come to life.  Students see the consequences of a bad decision.
4. It is credible.  Unlike the “Law & Order” series, it is a real person talking to the students by speakerphone from prison.  It’s one thing to read about a victim of the legal process, it’s another to talk to him. 
5. It is emotional.  The message is about people’s lives, justice, and the lawyers’ role in the process.  It touches students in a way that a textbook cannot.
6. It is a story.  It is about a crime and the unfair punishment, the obstacles and the newly found purpose in life.  Stories are the oldest way to communicate and a powerful way to learn.  We remember lessons better when they are embedded in a story.    

Do we need more of such learning experiences in law school?  What do you think?  What makes learning effective for you?  As always, comments are welcome. 

The art of course selection

How do you decide which courses to take each semester? The approaches and results can be as varied as students themselves.  For Shelley’s Case, the choice is between London and Bahamas.  I see course selection as akin to the art of mixing drinks.  The process contains the elements of fun and danger at the same time.  It’s fun because it sets you up for a new experience, but it’s like playing with danger because you are not quite sure how it will end.  Your taste and preferences are important.  Do you like it strong or with just a hint of alcohol? You better follow the proportions and add the ingredients in a certain order.  Finally, it’s good to know how well you can hold your liquor.  Below is my guide to the art of course selection.  It’s a framework that some of you may find helpful in thinking about the matter. 

The first step in the process is to decide what purposes you want your course selection to serve.  Here are some examples:

1. Specializing in your particular area of interest.  If you want to know everything about trusts and estates, you may want to take as many courses relevant to this area as you can find. 
2. Getting a better feel for different areas of practice.  Perhaps, you are trying to decide which area of law you like best.  If that’s your goal, you may take a variety of courses from different areas of law. 
3. Following your interests at the moment.  Maybe, you just want to enjoy every class as much as you can, so you will chose only those subjects that are interesting to you. 
4. Preparing for the bar exam.  Are you worried about the bar exam?  And who is not?  You may decide to take the subjects that will be tested on the bar exam to get yourself familiar with the issues. 
5. Developing special skills.  Perhaps, you want to develop special skills, such as client counseling or negotiation skills.  You may want to enroll in a law clinic for that.   
6. Taking courses from the best professors.  Maybe, you have such a great professor that you are going to take any class he or she teaches.
7. Increasing your chances for better grades.  Everybody wants better grades although not everybody will agree that they should be the driving force in your course selection.  If you are worried about your grades, don’t take four very difficult subjects in one semester.  If you know you do better on take-home exams, you may want to choose a class with a take-home test or a seminar with the final paper instead of the exam.
8. Making your resume and law school transcript appealing to a particular employer.  You may have asked a job interviewer or your mentor: “What classes should I take to prepare myself for this type of work?”  Well, you may take their advice and structure your curriculum accordingly. 
9. Making the best use of your time.  If you have kids, or need to work part-time, or have other demands on your time, creating a convenient schedule becomes very important for you.  Even if you have some flexibility, you can still prefer to have all classes one after another or just four days a week. 

After you have listed all of the goals that are important to you, assign weights to all of them.  If I have nine categories, I will rank them from “1” being the least important to “9” being the most important to me.

The final step is to look at your course options and see how many purposes each course is going to serve.  For each course, you then add all the weights of the relevant categories.  For example, if Corporate Finance satisfies purposes that I weighed as 4, 5 and 9, the score for this course is 4+5+9=18.  Each course will have a score, and the ones with the top scores win.   

Good luck with this exercise.  Then again, sometimes a house merlot is just what you need, so don’t overthink it, your gut may know best.

Tip bit #1: preserving knowledge

How good are you at keeping safe what you have?  Another semester is just around  the corner, and soon you will start new briefs, outlines, papers.  In this digital age, most of our valuable knowledge is just some invisible magnetic dust on our computer.  Are you protected against data loss?  You have probably heard or lived through the horror stories of computer crashes, and you back up your work regularly.  If not, you should read The Tao of Backup.  Even if you know everything there is to know about backup, you can read it anyways because it’s funny. 

In a not-so-funny scenario of a computer crash, do you know what to do or not to do?  This article talks about why you should not commit violence against your computer even when you see you data “sleeping away into a black hole.”

21 days to a new habit: can you handle it?

“I do think New Year's resolutions can't technically be expected to begin on New Year's Day, don't you?  Since, because it's an extension of New Year's Eve, smokers are already on a smoking roll and cannot be expected to stop abruptly on the stroke of midnight with so much nicotine in the system.  Also dieting on New Year's Day isn't a good idea as you can't eat rationally but really need to be free to consume whatever is necessary, moment by moment, in order to ease your hangover.  I think it would be much more sensible if resolutions began generally on January the second.” 
Helen Fielding, Bridget Jones's Diary

It is January 2, and it’s time to start doing something different.  As far as good  learning habits are concerned, what is one thing that you are going to do differently this year?  My focus area is organization – from home to head.  Since we are what we do consistently, it is important to make this new thing a habit.  Often times, I initiate some good change, do it for a couple of days, or even a week, and then life interferes and I stop.  Does this scenario happen to you?  Research shows that it takes around 21 days to form a new habit.  Can the “Better You” last that long?  Here are a few ways to improve your chances:

• Clearly identify the benefit of the new habit.  Come up with a word that expresses this benefit for you.  Repeat that word when you need some extra motivation. A word works better than a sentence.  For example, I can say to myself: “I will be organized, and I will have more time for important projects.  I will be more focused.  I will have a clear mind.”  It all sounds good, but my subconscious says: “No, you won’t, so why bother?”   On the other hand, if I just use brief “punch” words “focus and clarity,” I have a better chance of avoiding the subconscious sabotage.   
• Strengthen your commitment by writing it down and putting it up somewhere in a high-traffic area of your home or office.  You can also exhibit it on your calendar or learning board.
• Tell your family and friends about your plan.  We have a higher sense of obligation, when we publicly acknowledge our commitments.
• Schedule the time to do your new routine every day of the 21-day period.  When you have a specific time allocated to it, it’s more likely that you are going to do it.
• Find a buddy who is also developing a new habit to keep each other accountable and celebrate the progress.
• Once you complete the desired task, reward yourself.  Couple your new behavior with something pleasant that you do every day.  Make sure you perform your new routine first.   
• If you feel too much pressure, pretend that you are just temporarily (for 21 days) playing a role of that “new and improved” individual to see how it fits you.   Generally, people don’t like change.  They may try to persuade themselves that they do, but their subconscious blocks the efforts.  The role-play may be a way around it.  Find an actor inside you.  It can be fun to walk in somebody else’s shoes for a bit.
• If you have a person in mind whose good habits you want to emulate, enlist him or her in your support group. Ask how they do it. One way to learn to do something is through modeling the behavior of those who do it really well.  You watch them in action, break down their performance into a set of learnable steps and imitate them.  It’s not easy to identify all the pieces that form a successful habit because people can’t always explain how they do things.  Nevertheless, it may be worth exploring.

What are you doing differently this year?  Do you have any tips on how to stick with a new routine?  Please write a comment.            

Happy New Year!

"We will open the book. Its pages are blank. We are going to put words on them ourselves. The book is called Opportunity and its first chapter is New Year's Day."
Edith Lovejoy Pierce

Happy New Year!