Lawsagna

Associate layoffs a possibility

Law firms are busy now, but it may not be long before they start feeling the pains of the credit crunch, according to the article "With Dip in Economy, Are Associate Layoffs on the Horizon?" by Gina Passarella at Law.com:

"Future layoffs are a realistic possibility, and they would come in the areas of corporate finance and real estate," Duane Morris Chairman Sheldon Bonovitz said. "This is by reason of the turmoil in the debt markets which has made finance of many transactions in the pipeline problematic or not feasible."

The firms that will be hit the hardest, he said, are ones focusing on financings and securitizations as well as leveraged buyouts. Litigation, bankruptcy and employment law would then pick up, Bonovitz said. Practices like health care, intellectual property and energy would probably be immune from any hits, he said.

Studying in multiple sessions with longer breaks may help you remember the material longer

Is it possible to “overlearn”?  How often do you need to take study breaks and how long should those breaks be?  Wray Herbert at We’re Only Human… reports on a study by Doug Rohrer and Harold Paschler that measured how well the participating students remembered the material tested at different times depending on their studying patterns:

University of South Florida psychologist Doug Rohrer decided to explore this question scientifically. Working with Harold Pashler of the University of California, San Diego, he had two groups of students study new vocabulary in different ways. One group drilled themselves five times; these students got a perfect score no more than once. The others kept drilling, for a total of ten trials; with this extra effort, the students had at least three perfect run-throughs. Then the psychologists quizzed all the students, once one week later and again three weeks after that.

The results were interesting. When the students took the test a week later, those who had done the extra drilling performed better…. But whatever edge the more effortful students had at one week had completely disappeared by four weeks.

The scientists also researched the effect of the study breaks on memory:

Rohrer and Pashler also wanted to see if the scheduling of study breaks might make a difference in learning. It did. When the students took breaks ranging from five minutes to two weeks, those who had taken a one-day break performed best when they were tested ten days later. But if they were tested six months later (the laboratory equivalent of long-term learning), the optimal break time was a full month. In other words, as reported in the August issue of Current Directions in Psychological Science, “massing” all the study on a single topic together diminishes learning. It’s better to leave it alone for a while and then return to it, and indeed the longer you want new learning to endure, the longer the optimal break between study sessions.

I am thrilled to be an Official SOB

Liz Strauss at Successful Blog honored me with the title of an Official SOB –
a Successful and Outstanding blogger, that is.  Here is what she says about SOBs:

They take the conversation to their readers, contribute great ideas, challenge us, make us better, and make our businesses stronger.

I thank all of our SOBs for thinking what we say is worth passing on. Good conversation shared can only improve the blogging community.

Nice!  Thanks to Liz, I am now in a great company of the SOBs.  Check them out. 

Orientation Series: 21 Steps to Becoming a Better Learner

Step 7:  “The Three 'P's of Performance” in Action

As many L1s have probably discovered by now, the law school curriculum is intense.  There are many things competing for your attention.  How do you stay in control of your learning?  It’s time to review the three 'P's of performance:  Prioritize, Plan, Prepare. 

Prioritize.  There is so much to learn that sometimes you can’t decide where to focus.  If you don’t have control over the learning process, you are more prone to stress and anxiety.  Having a prioritizing system in place will help you be more confident and efficient.  Below are a few factors to consider when you prioritize.  You may want to assign weight to each of them and rank your tasks accordingly.  It is a good idea to do this in writing so that you can review and revise your priority list as needed.

• Your learning objectives.  When you have a learning agenda, you can tie each task to your larger long-term learning goals.  Are you reading a case to be able to answer your professor’s questions if you are called on in class?  Or are you reading it to learn how to construct arguments, apply law to the facts, or understand the court’s reasoning?  You want a priority system that allows you to achieve your personal learning objectives with the least amount of effort.  The learning goals are your focus lenses.
• Deadlines.  When are you projects due?  Meeting deadlines is an important skill to develop not just for law school, but for legal practice as well.  If you are not given a deadline, create it for yourself.  Too many students fall behind on reading and try to catch up later when it is time to outline and review for the exams.
• Difficulty.  Some prefer to tackle more complex tasks first.   Others like to get the easy stuff out of the way.  Whatever you strategy is, it helps to rank the difficulty of your assignments.
• People.  Are there people who count on you to complete the project?  How do your actions affect their performance?
• Consequences of not completing the task.  What happens if you don’t do it?  Can you accept the consequences?
• Benefits.  Consider the benefits you gain if you accomplish the task. 

Plan.  Once you know the priority of the things that need to be done, it is time to figure out how you are going to do them.  Here are some tips to get you started:

• Get into a habit of creating “Week-at-a-Glance” plans.  Weekly plans seem to work well in law school.
• Break down your projects into smaller manageable steps.
• Make your plan specific by including deadlines, time allotments, numbers, etc.
• Plan for help.  Know your resources and support systems.  Where do you go if you have trouble?
• Look for the easiest and most effective ways to do things.
• Plan to measure your progress.
• Take into account your learning style, preferences, and the best studying practices.  If visualizing information makes it easier for you to learn, your plan should build on it.  Also, plan to review the material in multiple sessions rather than in one longer period of time because multiple reviews work best for our memory.
• Allocate extra time to each task because we tend to underestimate the amount of time it takes us to do things.   

Prepare.  Once you have a plan, all you need to do is to execute on it.  Preparation is the key to your success.  There is not a lot of academic “supervision” or feedback in law school.  You are the one who has to motivate, scare, or cheer yourself along.  Be prepared.

Orientation Series:  21 Steps to Becoming a Better Learner:
Step 1:  Setting your learning objectives
Step 2:  Taking an inventory of your skills
Step 3:  Taking an Inventory of Your Learning Tools
Step 4:  Finding opportunities for cognitive apprenticeship
Step 5:   Determining the "IIQ" of what you read
Step 6:  Choosing helpful books for law students

Where do your thoughts live?

Thoughts come and go.  We may not like all that check in, but we surely don’t have the vacancy problem in our heads.  Some hosts attempt to screen their thoughts by turning away grumpy and disruptive guests.  Others welcome them all but hope that the good ones stay longer.  Still others are in danger of being overrun by a bunch of negative characters who move in, invite their friends and have a party in complete disregard of their hosts’ sensibilities.   

How do you enforce your house policies?   What kind of place would you want to run and what guests do you want to attract?  Do you like to engage in thinking that is formal, casual, modern, eclectic, or traditional?

 

Orientation Series: 21 Steps to Becoming a Better Learner

Step 6:  Choosing helpful books for law students.

What books helped you in law school or law practice?  I want to start a list of useful books for law students.  I am searching the web for recommendations.  Please consider sharing your favorites in the comments.

To start, Law School Academic Support Blog recommends the following books:

• “Whose Monet? An Introduction to the American Legal System” by John A. Humbach.
• “Hidden Sources of Law School Stress” and “A Deeper Understanding of Your Career Choices” by Lawrence S. Krieger.
• “Five Types of Legal Arguments” by Wilson Ray Huhn.
• “Succeeding in Law School” by Herbert N. Ramy.
• “1000 Days to the Bar - But the Practice of Law Begins Now: How to achieve your personal best in Law School” by Dennis J. Tonsing.
• “Pass the Bar!” by Denise Riebe and Michael Hunter Schwartz.

Stephanie West Allen recommends

• “Should You Really Be A Lawyer?: The Guide To Smart Career Choices Before, During & After Law School” by Deborah Schneider and Gary Belsky.

Top Law Student recommends:

• “Law School Confidential: A Complete Guide to the Law School Experience: By Students, for Students”by Robert H. Miller.
• “Getting to Maybe: How to Excel on Law School Exams” by Richard Michael Fischl and Jeremy Paul.
• “Guerrilla Tactics For Getting The Legal Job Of Your Dreams: Regardless of Your Grades, Your School, or Your Work Experience!” by Kimm Alayne Walton.

Here are a few books on legal writing I want to add to the list: 

• “Legal Writing in Plain English: A Text With Exercises” by Bryan A. Garner. 
• “Academic Legal Writing: Law Review Articles, Student Notes, Seminar Papers, and Getting on Law Review” by Eugene Volokh.  (Professor Volokh is a co-author of The Volokh Conspiracy blog).

What books do you like?

Orientation Series:  21 Steps to Becoming a Better Learner:
Step 1:  Setting your learning objectives
Step 2:  Taking an inventory of your skills
Step 3:  Taking an Inventory of Your Learning Tools
Step 4:  Finding opportunities for cognitive apprenticeship
Step 5:   Determining the "IIQ" of what you read

Legal outsourcing trends

It looks like clients may prefer lawyers in India over high-priced U.S. associates to conduct legal research and proofread documents.   Legal outsourcing is on the rise according to Bloomberg’s article “Jones Day, Kirkland Send Work to India to Cut Costs” by Cynthia Cotts and Liane Kufchock:

Clients are pushing law firms like Jones Day and Kirkland & Ellis to send basic legal tasks to India, where lawyers tag documents and investigate takeover targets for as little as $20 an hour. The firms are reacting to a trend that will move about 50,000 U.S. legal jobs overseas by 2015, according to Boston- based Forrester Research Inc.

…

Law firms contribute 45 percent to offshore revenue, while corporate law departments contribute 36 percent….

…

In India, legal education is based on common law, conducted in English, and requires two or three years of classes. The country produces about 80,000 law school graduates a year, according to ValueNotes, compared with about 44,000 in the U.S.

Offshore companies charge $10 to $25 an hour on low-end work and $25 to $90 an hour on advanced jobs. Junior Indian lawyers might earn as much as $8,160 a year, according to ValueNotes, compared with the $160,000 average salary for associates in major U.S. cities.

UPDATE:  To learn more about the topic of outsourcing, visit Legal Process Outsourcing Blog by Mark Ross.

Orientation Series: 21 Steps to Becoming a Better Learner

Step 5:   Determining the "IIQ" of what you read

Lawyers read a lot.  There are lots of things to read out there:  from required legal research to professional development to personal improvement.  In this wealth of written information, do you ever pause to consider how much you are influenced by what you read?  I am thinking of a tool.  Let’s call it “IIQ.”  It stands for “Information Impact Quotient.”  Imagine a continuum of influence ranging from  “zero” impact to the earth-shattering, life-changing kind of impact.  There can be many gradations in between.  For the sake of simplicity, we can start with the following four:

• React.  This is a point when we read something and have a reaction to it.  Maybe, we like it, maybe we don’t.  The response may not be lasting, but this is the beginning of our relationship with the text.  The impact is small.
• Reflect.  At this stage, we take time to reflect on the reading.  There is something in it that causes us to stop and think. 
• Internalize.  The reading has a bigger impact when we internalize the ideas in it.  They become a part of our reference system.  We talk about them, we develop and fine-tune them to suit our needs.
• Act.  At the highest level of impact, the reading causes us to change.  We act on the ideas, we use them to make our decisions, we live by them. 

Which category does most of your reading fall into?  How would you measure the impact of what you read?

Orientation Series:  21 Steps to Becoming a Better Learner:
Step 1:  Setting your learning objectives
Step 2:  Taking an inventory of your skills
Step 3:  Taking an Inventory of Your Learning Tools
Step 4:  Finding opportunities for cognitive apprenticeship

 

Law School Loan Repayment Assistance Programs

Ann Levine of LawSchoolExpert blog compiled a great list of law school Loan Repayment Assistance Programs.  Check it out here.

A learning whirlpool

When was the last time you experienced a learning whirlpool?  Learning whirlpools happen when the tides of curiosity and synchronicity meet to produce a rapid stream of ideas that spin and jolt you to the core.  Learning whirlpools are energizing and refreshing for the mind.  Here comes one now...

Begin with a question, or “5.75 Questions You’ve Been Avoiding”.  Feel the pull of your curiosity:  “I had an ‘itch’ I had no choice but to scratch.”  (Danny Meyer, the author of “Setting the Table” interviewed by Rosa Say).  Let go of the familiar ground and lead the change: “transform an idea into a plan into an action.”   Embrace synchronicity.  Feel the rush of thoughts, take a deep breath and submerge into silence, watch a new story unfold in your mind’s eye. Be yourself and notice what makes you happy.  Write your story "with all your senses."    

**This was my attempt to respond to Liz’s "Think and Link" challenge inspired by Joanna Young.  That was fun.  My head is still spinning with all the things I learned.   

Orientation Series: 21 Steps to Becoming a Better Learner

Step 4:  Finding opportunities for cognitive   apprenticeship.

Learning is social in nature.  Even if you were able to read all the books you wanted, you would still have to test your knowledge in the real world.  That’s where you get the feedback on your ideas and skills that allows you to improve and make a better use of your abilities.  In fact, even reading a book is a social activity because you, as a reader, interact with the text:  you filter the author’s ideas through the prism of your own background, experiences, and values, creating a unique blend of meaning.  The most difficult part of studying law is not the volume of reading and research you have to do, it is the ability to see nuances and make judgment calls based on the specifics of a situation.  In other words, it is something that you gain from experience.  That’s why newly-minted lawyers often feel so inadequate in real practice even after years of schooling.  How can you benefit from the experiences of other lawyers who have been there and done that before you? 

Consider cognitive apprenticeship.  Cognitive apprenticeship is a method of learning that allows the apprentice to observe, model, and perfect the processes used by the expert to perform a complex task.  It’s like a guided tour into the expert’s head.  It begins with the expert explaining what he or she does and how he or she thinks on the job.  This is not an easy task because people are not always aware of how they do things.  Based on the expert’s explanations, the apprentice creates a mental model of the desired behavior.  The apprentice then attempts to copy that behavior while the expert observes it.  A crucial part of the process is coaching during which the expert corrects the apprentice, provides constructive feedback, additional observations and reminders.  As the apprentice becomes more proficient in the skill, there is less need for the expert’s involvement. 

While the Socratic method used in law classes attempts to model the legal analysis and critical thinking, it falls short of the benefits of cognitive apprenticeship, which is context-specific and targets real-world activities.  You have to be proactive to find opportunities for cognitive apprenticeship.  Here are a few things you can do:

• Find a mentor.  This can be one of the best things you can do for your career and professional development.  Good mentors are golden.  It may take time to find them, so begin your search early. 
• Volunteer and shadow experienced attorneys in their daily routines.  Take notes and ask questions whenever you get a chance.  Read more about “getting in the trenches” at Build A Solo Practice, LLC.
• Look into clinical programs at your school.  They help you develop practical skills.  Also, seminars may be a good option because the number of students is usually small and there is more time for questions and discussions.
• Become a fan of “why” and “how” questions.  Remember, people often have trouble explaining how they do things.  You may have to develop good questioning skills to guide them in the discovery of their own mental processes.  It takes practice, but you will get better at it with time. 
• Whenever you read legal opinions, articles or books by respected lawyers and judges, pay attention at how they think and develop their arguments.  Notice not just what they say, but how they say it and why. 

Do you have any other tips on how to become a cognitive apprentice or maybe, a personal story of cognitive apprenticeship?  Share your learning with us!

Related Post:
What can you learn from people?

Orientation Series:  21 Steps to Becoming a Better Learner:
Step 1:  Setting your learning objectives
Step 2:  Taking an inventory of your skills
Step 3:  Taking an Inventory of Your Learning Tools

Working Mother magazine ranks 50 best law firms for working moms

The current issue of Working Mother magazine lists 50 best law firms for working moms:

"For real-life female lawyers, and millions of working moms in other high-pressure fields, balancing work and family may be the toughest part of the job. Law firms are starting to recognize the hard choices their female attorneys face. In this, our inaugural Working Mother & Flex-Time Lawyers Best Law Firms for Women list, we salute those firms with groundbreaking programs to help women strike a better work/life balance and climb to the top. Our winning firms have taken the lead in implementing penalty-free flex schedules and mentoring, networking and leadership programs."

To create the list, the magazine used an application measuring "a law firm's workforce profile, benefits and compensation, parental leave, child care, flexibility and retention/advancement of women."  The ranking is based on the responses to the application provided by the firms themselves. 

What do you think of this methodology?   It seems that such policies can look good on paper, but how they are implemented is less clear. 

Remember better what you read with PQ4R

PQ4R is a popular method of working with text to remember it better.  PQ4R stands for Preview, Question, and four R's: Read, Reflect, Recite, Review. 

Preview: 
You begin with a preview, in other words, you skim the table of contents, headings, subheadings, graphs and pictures to get an idea of how the material is organized and what it is about. 

Question: 
Next, you come up with questions about the text.  Look at the headings and decide what information you want to know.

Read: 
The next step is to read the text with your questions in mind.  Did you get the answers? 

Reflect: 
Reflect on what you just read.  How is the new information related to what you already know?  Think of the ways to test and apply your new knowledge.  What kinds of problems could you solve with this information? 

Recite: 
Next, put away the text and recite the main points, talk out loud about the material, try to use your own words to explain things and at the same time, incorporate new terms and definitions. 

Review: 
The final step is to review.  Summarize the main points and test your comprehension with more questions and hypotheticals. 

The PQ4R method is not a quick trick, but the benefit may be well worth the invested time.

World Legal Information Institute

If you are interested in international and comparative law, check out the website of World Legal Information Institute:  “Free, independent and non-profit access to worldwide law.”  It provides free access to public legal information form all over the world.  You can search legal resources in 865 databases from 123 countries and territories.

Orientation Series: 21 Steps to Becoming a Better Learner

Step 3:  Taking an Inventory of Your Learning Tools

What tools do you need to learn better?  Clearly, you need traditional books, notebooks, pens and pencils, but what about all those new applications and gadgets that seem to appear by dozens each day.  How do you decide which ones deserve a permanent place in your toolbox?  How do you keep up with the ever increasing number of productivity tools and manage to stay productive?  I don’t have the answer to that.  I like gadgets myself and I like trying out new things, so I want a framework to think about my tools.  This is my rudimentary attempt to create such framework. 

Start by emptying your toolbox first.  I believe it’s better to begin your search from a place of need rather than a place of abundance.  We are all different with different learning needs.  The latest best thing on the market may not be the best thing for you.  Your task is to find your absolute must-haves.  No tool gets grandfathered in the process. 

So how do you know what you really need?  I am going to use the Wh-questions thinking strategy.

What?  What is the typical content of your learning?  You can learn concepts, you can learn processes, or you can learn how to do specific tasks.  For example, if you want to learn how to commence a law suit, on a conceptual level, you may study service of process, complaints, pre-answer motions, answers, claims, defenses, etc.  You also need to learn about the process with its sequence of pleadings and relevant deadlines.  But even if you know the theory, you still may not know how to do it in real practice:  what forms to use, where to get information, who to call, where to go, etc.  When you study concepts, you may need a tool that helps you take notes.  When you learn about the process, you want something that allows you to create a flowchart.  When you actually learn how to do things, your eyes, ears and tongue may be your best tools to observe, listen and ask questions.  The point is that different content requires different tools.

Where?  Where do you like to study?  If you want to study on a train, in a coffee shop, or while walking your dog, your learning tools should be able to accommodate your preferences. 

When?  When you find your learning rhythm, you may discover that some tools fit certain routines better than others.  For example, you may choose to write your notes by hand in class and type them up at home later as a review. 

How?  How do you like to study?  Are you a visual learner who likes to draw pictures, diagrams and tables?  If so, you need a tool that strengthens your spatial intelligence.  If you have strong musical intelligence, your iPod may be your best friend.  If you rely on kinesthetic intelligence, look for something that allows you to incorporate movement into your learning.   

Why?  Why do you learn?  Think about the learning outcomes you want to achieve.  What tools are going to get your closer to your goals?  If you are learning for your personal development, a pen and paper may be all you need.  But if you are learning something to share it with others, you may choose different tools for collaboration.

Once you've identified your personal learning needs and preferences, you can start looking for the tools that get the job done and that you enjoy.  Don’t try to get complicated applications with lots of features that you don’t need.  They may be more difficult to learn, and you will end up wasting time rather than saving it.  Commit to what works for you. 

Check out Jane Hart’s Directory of Learning Tools with over 1,600 tools to choose from.

How do you choose your learning tools?

Orientation Series:  21 Steps to Becoming a Better Learner:
Step 1:  Setting your learning objectives
Step 2:  Taking an inventory of your skills

Dealing with rejections

Learning how to handle rejections is not something we look forward to, but it is something we must master as a prerequisite for our lesson in success.  Maybe, you didn’t get the job you wanted, the firm didn’t extend you an offer after your summer internship, or you didn’t close the deal with the coveted client.  You are certainly disappointed, perhaps, angry and resentful.  How do you move beyond these negative feelings towards a more productive and brighter future? 

You’ve probably heard a lot:  “Don’t take rejections personally.”  And you understand it to be true when you think rationally, but even our rationality is bounded, and so the rejection hurts nonetheless.  Take time to experience your feelings of hurt, anger, or self-doubt.  As many of you know, I am a big fan of yoga and meditation, and I think these practices offer a safe environment to explore your negative emotions without acting on them.  Experts suggest taking a pause in your activities when you realize that feelings overwhelm you.   Whether you decide to sit in meditation or do yoga, focus on what’s going on inside you as you breathe in and out.  Psychologists believe that labeling emotions actually helps neutralize them, so go ahead and name what you are feeling and notice any tightness or other sensations in your body.  Now, visualize a place or a person that would invoke a sense of love, peace, safety, gratitude in you.  Pretend you are in that place or with that person, and you breathe in the energy of love and acceptance and breathe out the resentment and anger.  Try this exercise and see if it helps you shift your mood.         

Once you’ve achieved a calmer state of mind, focus on what you can learn from the situation.  Whenever you can, get some feedback from a representative of the employer or another insider you trust, but do it in a tactful and professional way.  You may find out that the rejection has nothing to do with you and is a result of bad economy, changed plans or other factors outside your control.  Sometimes, rejections mean that you and your potential employer are not a good match.  Think of why it may be the case.  Examine your own work style and values and think which work environment is the best fit for you.  Rejections can truly be blessings in disguise even if we may not see them that way for a while.  On the other hand, if you discover that you lack certain qualities that are important to employers, treat it as an opportunity to improve and grow professionally.  This is your early wake-up call.  Make a plan for how you can develop those desirable characteristics.  No matter what your particular situation is, you can always learn something about yourself and other people that can help you become a better lawyer and a better person. 

Whatever you do, don’t burn bridges.  You don’t want to do anything on the spur of the moment that can tarnish your reputation.  Don’t start any communication when you feel upset.  Don’t disparage the firm or the people who work there.  The same people can move to a different place of employment, you may have to meet them in court or at the negotiation table later.  In addition, as salespeople would tell you a “no” doesn’t really mean that.  You may get an eventual “yes,” and it may turn out to be a bigger and better “yes.”  The lesson is to foster good relationships, which can bring you more opportunities. 

Orientation Series: 21 Steps to Becoming a Better Learner

Step 2:  Taking an inventory of your skills.

Whenever we face a novel situation, such as a new job or a new academic program, it is a good idea to take an inventory of the skills we bring with us.  The uncertainty can make us fearful that we are not good enough or smart enough to do what we are supposed to do.  Reflecting on our skills and past experiences can help overcome our doubts and charter a plan to make the best of our abilities.

As Step 2 of our Orientaion Series, you are going to create an inventory of your skills.  If you don’t know how to begin, this checklist can help you look at different types of experiences you may have had in life and the accompanying skills.  It is presented as a job-related exercise, but it can help you prepare for law school as well.  In addition, there are various assessments available online to determine your strengths.  Idealawg recommends two objective aptitude tests (and a good discussion of why self-report tests can be problematic).  If you want to learn more about multiple intelligences, check out this Multiple Intelligence Inventory. 

Once you have your list of skills, consider how you can easily enhance the ones that you need most in law school.  Is there an easy way to make a decent skill superb?  For example, I was a decent reader and did OK with the reading skills I had for quite a while.  But when I discovered a few really simple reading techniques, such as previews and multiple passes, my comprehension and retention got much better, and reading took less time.  Or let’s say you are a decent writer.  How can you enhance your writing skills in law school?  One way is to pay attention to how effective legal writers do their job.   When you read legal opinions or articles written by lawyers who are recognized as good writers, notice how they structure their paragraphs, what words they use, how they make the information flow.  Now you are reading not just to understand the text, but also to analyze the writing itself and use it as a model for your own writing.    

Finally, put down the skills that you think you need but lack right now.  If any of them are crucial to the success of your legal career, you may need to plan how to work on those skills.  For example, if you dislike networking, you may have to find good strategies to make the task more tolerable and perhaps, gradually, build up an interest in it.

Once you’ve done this exercise, you may be surprised at how much you already know.  This is a good foundation for your future success. 

Orientation Series:  21 Steps to Becoming a Better Learner:
Step 1:  Setting your learning objectives

I Won a "Thinking Blogger" Award. Who is next?

I was pleasantly surprised to find out that Scott Henson at Grits for Breakfast awarded  me the “Thinking Blogger” title, tagging Lawsagna as one of the five blogs that made him think.   Thank you, Scott!  Now it’s my turn to participate in the “5 Blogs That Make Me Think” meme. 

The participation rules are simple:
1. If, and only if, you get tagged, write a post with links to 5 blogs that make you think,
2. Link to this post so that people can easily find the exact origin of the meme,
3. Optional: Proudly display the 'Thinking Blogger Award' with a link to the post that you wrote (here is an alternative silver version if gold doesn't fit your blog).

I write about learning, and there is no learning without thinking.  My RSS reader has over 160 feeds that guarantee that I will never run out of things to think about.  It’s a challenge to limit myself to just five blogs.  Let’s just say that the five blogs below give me the most homework right now:

1. Joyful Jubilant Learning is a community of bloggers with a passion for Lifelong Learning.  The content is created by a group of contributors, who are all wonderful, inspirational and thinking writers.  They ensure that my learning stays on track. 
2. Stephanie West Allen of Idealawg keeps my brain purposefully activated.  I bet an fMRI picture of my brain as I read her posts would be pretty.  I am fascinated by her discussion of neuroscience in terms that I can understand.  I keep thinking about all the implications that new neuroscience discoveries can have for learning.   
3. Informal Learning Blog by Jay Cross keeps me pondering how we really learn.  His book “Informal Learning” found its permanent corner spot on my desk.
4. Susan Cartier Liebel of Build A Solo Practice, LLC offers her wisdom and inspiration for aspiring solos.  Being a solo entrepreneur, I find her advice and her own example very thought-provoking.  I like her passionate and direct style. 
5. I discovered The Bamboo Project by Michele Martin not long ago and it quickly became one of my favorite places to come and think about collaborative learning.

TagCrowd

TagCrowd is a visualization tool that creates tag clouds based on the text you provide by either pasting or typing it, or uploading as a file up to 100 KB.  It was created by Daniel Steinbock, a doctoral student in Design and Education at Stanford University. 

Here’s one possible use for it.  Before reading an article, you can run it through TagCrowd to get a visual preview of what it is going to cover.  I did that with my yesterday’s post, and here’s what I got:

accomplish becoming better control cost decide goals learner learning month motivating objectives orientation paper periods personal program progress setting significant something steps track ve work

created at TagCrowd.com

Orientation Series: 21 Steps to Becoming a Better Learner

This is the time of the year when many law schools conduct their orientation programs for incoming students.  I’ve decided to begin my own orientation series “21 Steps to Becoming a Better Learner” here at Lawsagna.  Experienced students can also benefit from this program because there is always room for improvement.  I plan to address 2 or 3 steps each week giving you enough time to start working on them in between.  Are you up to the challenge?

Without further delay, let’s take the first step.

Step 1:  Setting your learning objectives

You’ve probably all heard about the importance of goal setting if you want to achieve good results.  There is something very tangible about written goals that you can keep close to your desk and re-read regularly.  They remind you why you do what you do.  They help you measure your progress.  And you can get a great sense of satisfaction when you check off a goal because you have accomplished it.      

As the first step on your path to become a better learner, you will have to write out your learning objectives for the upcoming semester.  Your objectives must meet the following criteria:

1. Your goals must be put in terms that you can control.  For example, “I will get an “A” in Torts” is not a good goal because grades are assigned by your professors.  But the steps you can take to bring yourself closer to getting an “A” is something you can control, so they can be your objectives. 
2. Your objectives must be measurable.  Including specific numbers, deadlines, time periods into your goals will help you track your progress.  For example, “I will read books on networking” is not specific enough.  Decide how many books you want to read a month and make that your goal: “I will read one book on networking each month.” 

What should your goals cover?  In my earlier post “Is Your Learning Significant?” I described Dee Fink’s “Taxonomy of Significant Learning,” which in my opinion, offers a good basis for your personal goal setting.  You want your learning to influence various areas of your life so take a broad perspective on how learning can help you professionally, socially and personally.

Is it better to have big goals or small goals?  My answer is both.  Consider having two levels of goals.  Since I like cooking analogies, I will call them the “appetizer goals” and the “main course goals.”  The “appetizer goals” give you the big picture of where you are heading, they are like themes that work up your appetite for more definitive goals.  They are motivating and inspirational in nature.  The “main course goals” are the fuel for your activities.  Concrete and well-defined, they are the focus of your efforts.  They really give you something to work on.

For dessert, write out why you want to accomplish these objectives.  Picture the rewards you gain from achieving your goals.  Visualize the outcomes.  How will it feel?  Capture your best reasons on paper and return to them when you need extra motivation. 

You also need to know the cost of your goals.  Each goal comes with a price tag.  Your objectives may require you to change some of your habits or behaviors.  Maybe, you like to watch TV each night, or sleep in on weekends, or spend hours on the internet.  What do you have to give up for the opportunity to achieve your goals?  Identify those costs and decide if you are truly willing to pay the price.

Finally, schedule regular intervals to revisit your goals and track your progress. 

Here are a few tools that can help you with your objectives.  Joe’s Goals is a free online tool that allows you to enter your own goals and track your progress each day.  HassleMe is a program that will periodically send you emails with the reminders of things you should be doing after you decide what you want to be hassled about (Hat Tip to Idealawg). 

OK, it’s time to pick up a pen and a piece of paper and get to work. 

Drum rolls, please…Buddy-In-Law is here!

I’ve been waiting for this moment for a while now…for almost 8 months, to be exact, filled with my labor of love, lots of learning, anxiety, and anticipation.  Finally, I am happy to announce the launch of my internet-based learning portal – Buddy-In-Law.com.  I envision this site as a platform where I offer training courses and workshops for legal professionals.  The first course on the menu is Introduction to Legal Writing, designed  for individuals whose first language is not English and who want to study law, conduct research in U.S. academic institutions or work as legal professionals.   The course builds the foundation of effective legal writing while introducing students to the US legal system.  Students practice the basics of case analysis and legal reasoning as they learn to structure, develop, revise and edit their writing, and get familiar with some key concepts from logic and rhetoric.  Conceived for non-native speakers of English, it can be a good review course for anybody who needs to brush up his or her writing skills.

The course is designed in the Open Source course management system Moodle, which supports the “social constructionist pedagogy” (for those who care).  What it means in practical terms is that the course platform allows for good interactive components, including chats, forums, and instructors’ feedback.  At the same time, it is very flexible.  Students can access lessons at their convenience and progress at their own pace.   Please check it out, tell your friends who may be interested in the course.  I’d also appreciate any feedback you can give me.  Lawsagna, of course, will continue as usual, and hopefully, be even better, with your help and support, my dear readers.

New York bar exam essays aren't lost after all

"Backup Systems Avert Loss of N.Y. Bar Exam Essays," Joel Stashenko reports for New York Law Journal:

"Douglas M. Winneg of Software Secure Inc. said in an interview that he believes the essay question answers uploaded from the computers of approximately 5,200 people who used laptops to take the bar exam last week have been accounted for. The Cambridge, Mass.-based company is in the process of transferring the computer data to another company, which will print the essays and transfer them to the state Board of Law Examiners for grading."

Phew!

Tip Bit #31: What would your kids say…

My daughter is 20 months old and she is in the stage when she wants to do everything I do.  Whether I am talking on the phone, setting the table or putting my shoes on, I feel her eyes are on me.  She watches me intently and then tries to copy my movements.  It makes me more conscious of what I say and do.  That’s not a bad thing because I want to be on my best behavior in front of my daughter. 

We hear a lot these days about lawyers behaving badly:  being rude, yelling, bullying, etc.  It makes me wonder if our work environment would be better if we asked ourselves more often:  “What would my kids say if they saw me act like that?”    If you don’t have kids, think of any person who makes you want to be your best, morally and ethically.  Would this raise the standard of civility among lawyers?  What do you think?

Persuasion: Going to the Source

One of my tasks in the persuasion project is to be aware of how persuasion works on a personal level.  As I was choosing the quotations for my initial post on persuasion, I noticed something.  My search revealed quite a few quotations from different sources.  I didn’t know all of the authors of the writings I liked, so I resorted to Wikipedia to educate myself.  It turned out that all sorts of folks wrote about persuasion and change, and not all of them were noble, wise and kind.  Some of them turned out to be kind of infamous – assassins, advocates of dubious policies, etc.  Guess what?  They didn’t make it to my list of quotations.  Somehow, their personalities tainted the good words they had written.  Hence, I got my fist insight into the works of persuasion:  the source of information matters.  This is a rather obvious and well-known observation.  When we like the source, we are more likely to accept what that source has to say to us.  And when we don’t like the source, we may try to find reasons to reject the message, which, by the way, we could easily accept from somebody more likable.  What is less obvious is how to be more aware of this principle at work in our daily lives.   

Do you act differently if you have a disagreement with somebody you like versus somebody you dislike?  [UPDATE:  Stephanie West Allen's post "Birds and feathers: The role of homophily in conflict" at Brains on Purpose sheds light on this question.]

Do you always check the source of information you rely on?

Do you distinguish between the source and the messenger?

A recent article in the New York Times entitled “Who’s Minding the Mind?” by Benedict Carey highlights the fact that we don’t always know who or what influences our judgment at any given moment:

"In a recent experiment, psychologists at Yale altered people’s judgments of a stranger by handing them a cup of coffee.

The study participants, college students, had no idea that their social instincts were being deliberately manipulated. On the way to the laboratory, they had bumped into a laboratory assistant, who was holding textbooks, a clipboard, papers and a cup of hot or iced coffee — and asked for a hand with the cup.

That was all it took: The students who held a cup of iced coffee rated a hypothetical person they later read about as being much colder, less social and more selfish than did their fellow students, who had momentarily held a cup of hot java."

Sometimes, our subconscious is the source.  Don’t worry, we still have the will and power to choose but the interplay between our unconscious drives and our consciousness is complex: 

"New studies have found that people tidy up more thoroughly when there’s a faint tang of cleaning liquid in the air; they become more competitive if there’s a briefcase in sight, or more cooperative if they glimpse words like 'dependable' and 'support' — all without being aware of the change, or what prompted it.

Psychologists say that ‘priming’ people in this way is not some form of hypnotism, or even subliminal seduction; rather, it’s a demonstration of how everyday sights, smells and sounds can selectively activate goals or motives that people already have."

Too bad we can’t prime ourselves for better performance:  the triggers don’t work if we are aware of them. 

Thinking about going to law school? Check with LawSchoolExpert

I’ve recently had the pleasure to discover LawSchoolExpert blog when its author Ann Levine shared her comment and tips for the bar exam preparation here at Lawsagna.  Ann is a law school admissions consultant.  Her blog has great advice for those of you who are considering law school.  And what’s even more exciting is that she is offering a free 1-hour webinar to readers of The Frugal Law Student on the law school application process entitled  "I've taken the LSAT; Now What?"  You can choose to participate on August 4 (9 a.m. PST/Noon EST) or August 8 (5 p.m. PST/8 p.m. EST).  Read her post and the instructions at The Frugal Law Student on how you can take this $150 webinar free of charge.