Lawsagna

Life Metaphors: An Exercise in Creative Thinking

Life can feel like a roller coaster - the highs and the lows, the fear and the exhilaration - all coming in rapid succession.  Life can also be like an airplane - always self-correcting to stay on course.  To Albert Einstein, "Life is like riding a bicycle. To keep your balance you must keep moving."

What would be a good metaphor for you to describe the way you experience life right now?

When we think in metaphors, we directly compare unrelated or dissimilar objects and situations.  Metaphorical thinking has benefits beyond the poetic and aesthetic value of metaphors.  Metaphors can improve our understanding and help us solve problems.

Metaphors expand meaning by transcending the literal and structural interpretation.  The whole meaning is greater than, and often different from, the sum of its parts.  According to research led by V. S. Ramachandran, director of the Center for Brain and Cognition at the University of California, San Diego, a region of the brain known as the angular gyrus is at least partly responsible for the human ability to understand metaphors.  The angular gyrus is strategically located at the crossroads of areas specialized for processing touch, hearing and vision. 

Metaphors reveal subtle patterns that can otherwise fall beyond our perceptive powers.  But beware:  because of their ambiguous, emotive and nonlinear nature, metaphors can confuse as well as illuminate.  Be patient with yourself and the process.  The idea is to probe and peel the layers and be open to what you may find.

To experience the creative power of metaphors, do the following exercise, adapted from the book "Thinkertoys: A Handbook of Creative-Thinking Techniques" by Michael Michalko:

1.    Think of a challenge or a choice you are facing.

2.    Instead of describing it in words, browse some old magazines, newspapers or catalogs and cut out images that symbolize your challenge or choice.

3.    Move your pictures around, exploring different patterns and associations.  Continue until they form a collage.  

4.    Look at your collage and search for clues, insights and new ideas related to your challenge or choice.  Ask yourself the following questions:

    a.    What is my challenge/choice like?  
    b.    What does it remind me of?
    c.    What aspects of my challenge/choice are revealed through the collage?
    d.    What can I learn from this?

Wordle

This is a visual representation of Lawsagna created in Wordle.  Worlde is an application that creates word clouds from text that you provide.  You can enter text, submit a URL of your blog, or a del.icio.us user name to see the tags.  You can choose different fonts, layouts, and color schemes for your image.  It’s a neat tool to play with. 

TimeLeft for time management

TimeLeft is a multipurpose time-management tool that can notify you of an upcoming event, count down till your next scheduled study or work break, measure time interval and signal its end, even track online auctions.  The program can can also replace Windows' built-in system-tray clock.

"TimeLeft is a versatile desktop utility, which may be used as a countdown clock, reminder, clock, alarm clock, tray clock, stopwatch, timer, sticker, auction watch and time synchronization utility. TimeLeft uses Winamp skins to show digits and text.

The main feature of TimeLeft is a powerful customizable reminder, which can show a message, play music (any formats including mp3) or open a link, document, execute an application, turn off your monitor or shutdown your PC."

"Year-End Review" with Michael Melcher

Author/lawyer/career coach Michael Melcher offered a "year-end review" exercise to the readers of Shifting Careers to help them set goals that would naturally support their development over the past year.  That post generated over 80 comments and a follow-up post.  Check it out.  

Understanding your personal energy patterns

If you are like many overworked and overwhelmed people I know, you probably experience the lack of energy more often that you’d like.  I want to offer you an exercise to help you understand your energy flow better.  Here’s what you do:

1. Take a piece of paper and divide it into two columns.  In the left side column, write down ten things that drain you energy.  Think of tasks that leave you exhausted, people that seem to zap your energy, habits that add to your fatigue. 
2. Now, in the right side column, write down ten things that increase your energy.  Think about activities that energize you, people that inspire you and propel you to action, daily routines that help you maintain your health and sanity. 
3. Once you are done with your lists, draw a bucket that represents your typical 24-hour day.  Now fill your bucket with the things from your lists, estimating the percentage of the bucket those things tend to occupy.
4. Take a close look at your full bucket.  Are you happy with the distribution of energy-producing v. energy-draining activities?  If yes, congratulate yourself on the ability to balance your energy well.  If you see room for improvement, ask yourself what you would need to re-balance your bucket.

150 Resources to Help You Write Better from OEDb

Online Education Database has a list of  “150 Resources to Help You Write Better, Faster, and More Persuasively.”  The list is organized according to the following categories:  Almanacs, Business and Legal Matters, Citation Styles, Dictionaries, English Language Skills, Genres, News Digests, New Media Resources, Organization, Professional Organizations, Rhetoric, Toolboxes, Writing Services, Writing Skills, Writing Software. You will want to bookmark it. 

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.

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?

Business Etiquette

When you attend business meetings, dinners and other social functions, you want to make the best impression possible, don’t you?  The knowledge of business etiquette may help you feel confident in social settings and ensure that people are comfortable in your presence.   Do you introduce the more important person first?  What do you do with your napkin if you are called to a telephone during a business meeting in a restaurant?  If you share a cab with a business client, where should you sit?

At the website of Louise Fox Protocol Solutions, you can take the "EtiQuiz" to test your knowledge of etiquette, learn about “Top Ten Etiquette Blunders,” and get some tips on how to look and act your best. 

Didn't do so well on the first quiz?  Try this business etiquette quiz with explanations at GradView.

Finally, if you do business internationally, check out the resources at Executive Planet.  This website offers guides to international business culture and etiquette in over 35 countries. 

Tip Bit #30: Know when to keep the lid on

Certain dishes need to be cooked covered, others – uncovered.  For example, water comes to a boil faster if you keep the pot covered   The lid prevents the heat from escaping, and you get the condensation effect so the steam returns back to the pot as water.  But if you want the flavors of a dish to intensify, you let it simmer without a lid so that extra liquid could evaporate.   How does it relate to the study of law?  Learning has two similar phases. 

The beginning phase, when you learn something for the first time, resembles cooking with a lid on.  You try to get as much information as possible about the subject matter.  You don’t let anything escape you.  You may not know yet what’s important to remember and what you can let go of.  You keep circulating information through your brain to find the most natural links and connections.  This is a stage when you want to ask  lots of questions, create hypothetical “what-if” scenarios and see where they take you.   

When the second phase comes, you take the lid off.  You know enough to figure out what you need to keep and what you can let evaporate from your memory.  Just like the flavors blend together and intensify, your knowledge becomes more concrete and integrated.  You see the big picture, but you can also identify the individual ingredients.  You reduce all that you have learned to its essence.      

How do you know when to move from the first phase to the second?  When you keep coming across the same information over and over again even if you try to find something new.  It’s just like the condensation loop:  the water comes back into the pot.  It’s a good sign that you have covered it all (no pun intended).  By the way, these two phases also apply to research. 

Tip Bit #29: Run away from panic

As the date of the July bar exam approaches, many of you may experience sudden panic from time to time.  Here’s a quick trick to quiet those worries.  Do some high energy exercises for just a few minutes.  It has to be something vigorous enough to distract your mind from negative thoughts, so do a set of push-ups, sit-ups, some kickboxing moves or just run up and down stairs.  It will release the tension build-up in your body and ease your anxiety.  And it’s a good way to spend your study break, so give it a try.

What do you do to lower your stress level?   

Take the Working Memory Challenge

About Working Memory is a web site that provides information and resources about working memory, just like its title suggests.  The term “working memory” refers to our ability to hold information in memory temporarily (for a few seconds) while we are solving a problem or performing a task.  The site has a challenge that allows you to test your working memory capacity.  You do two exercises with progressively increasing levels of difficulty.  The first exercise tests your ability to remember visual patterns.  The second exercise focuses on the auditory information.  Once you are done, you can compare your score with other people’s scores on similar working memory exercises.  Are you ready to push your working memory to the limits?

Take the Six Seconds emotional intelligence test SEI-360 free of charge

Six Seconds is a not-for-profit organization that offers information, tools, and services related to emotional intelligence:

“Emotional intelligence is the ability to recognize, understand, and manage feelings. It is the key competency for personal effectiveness, essential to communication, self-direction, problem-solving, and leadership.”

During the month of July, you can participate in the free trial of the Six Seconds emotional intelligence assessment SEI-360.  The SEI-360 is an online test that measures how you use your emotional intelligence in your daily life and how other people, who you choose to give you feedback, perceive your emotional intelligence skills.

It sounds like a great way to learn more about yourself.  Hurry up because the test is available free of charge as a research version only till the end of July.

Tip bit #28: Look for a story

You can find stories everywhere if you care to look.  Why should you care to look for stories?  Stories are a great sense-making tool.  Stories are like a good meal.  They have just the right ingredients to whip up a meaning.  What did you have for dinner yesterday?  Whatever it was, you probably wouldn’t want to eat the ingredients that went into your meal separately.  How about a spoon of sugar, a 1/2 cup of water, followed by some flour on a slice of a tomato?  I don’t think so.   But when you mix them up in the right order and add some labor and love, the result is something fabulous and perfectly edible (let’s hope) that gives you both nourishment and pleasure. 

Similarly, you don’t want to consume unrelated pieces of information.  Stories add coherence and substance, and as you know by now, we learn through linking and association, so stories are good for learning.  They make you guess what’s to come, and our brains like to solve problems.  Good stories, just like good food, speak to various senses:  they make us see, hear and smell things in a good, healthy way, and we remember things better when all of our senses are engaged.  Finally, stories make us emotional, and when we get joyful, sad or mad about something, it stands out in our memory.  So, look for stories around you because they help us make sense of the world. 

I saw a fine example of storytelling yesterday thanks to Legal Andrew who pointed out this 2-minute viral video.  Check it out.

Susan Cartier Liebel of Build A Solo Practice, LLC answers my question

Susan Cartier Liebel is an attorney, national coach and consultant who shares her wisdom and advice on how to create and grow a solo practice in her blog Build A Solo Practice, LLC.   Here’s what I asked Susan:

“I saw your category of "You Ask...I Answer" posts and thought I'd ask a question on behalf of my readers.  Summer time is when many students try to get practical experience by interning at a firm, government or non-profit.  If students know they would like to go solo after graduation, what would you recommend they do during their summers to prepare for their solo practice?”

Susan was kind enough to craft a great answer with good questions to make you think about your overall law school experience as it relates to your goal of becoming a solo, as well as practical advice on what you should be doing with your time outside law school:

“If you know you are going to become a solo practitioner upon passing the bar then everything you do, from your course selection to your extracurricular activities to your summer internships should be geared towards two things, networking/building professional relationships and gaining 'practical' experience that mirrors the life of a solo practitioner.”

Read the rest of her post here as she shares her three-step approach to your solo success.

Thank you so much, Susan!

How to figure out your clients’ needs and motives

How do you know what you clients really need or want?  ABA Inside Practice offers “Keys to Understanding the Needs of Clients and Prospects” in an excerpt from The Lawyer’s Field Guide to Effective Business Development by William J. Flannery.  The author talks about seven categories of needs and the ways to discern them in a conversation with your client:  active needs, visionary needs, latent needs, ego needs, organization or company added-value needs, job needs and implied needs. 

What do you do if one day your client decides to question your motives?  What if a client accuses your firm of running up the billable hours?  How do you respond?  David Maister addresses such incidents in his article “Integrity Impugned.”   (Hat tip to International Lawyer Coach Blog).  There is a lot of good advice in the article from how to figure out the reasons behind the client’s actions to what to say in response.  For example, if you need to buy more time to analyze what was just said, you can reply:  “That’s interesting. Could you say a little more about that?”  I like this recommendation because it can be used in a variety of situations. 

How do you go about figuring out your clients’ needs?  How do you respond if somebody questions your motives?

Let’s begin! (Part II)

“There are some things you can't share without ending up liking each other.”
J. K. Rowling, Harry Potter and the Sorcerer's Stone.

You’ve probably heard the saying “to begin is half the work.”  It is also the hard part of the work.  Have you had trouble starting a thing or two?  What is a good way to begin something?   In Let’s begin (Part I), I gave some tips on how to get yourself ready to cross the start line.  Today, I want to talk about the importance of finding common ground as the first step in many initiatives.  What we have in common with one another can be used as glue to make all the pieces of our project stick together.  How so?  Let’s look at some of the contexts where you can use common ground as your beginning point.    

1. Whenever you need to make a speech or a presentation, it’s a good idea to begin by sharing something that your audience can agree with.  If you establish a point of agreement with your audience from the start, your listeners are going to be more willing to accept what you have to say later.   To learn how to do that, listen to The Engaging Brand podcast Powerful Presenting Pt 1 and Pt 2.   
2. When we meet a person for the first time, it’s only natural that we look for commonalities in our backgrounds or interests to establish rapport.  Remember that next time you are at a networking function.  You conversations will be more fulfilling if you take a genuine interest in the other person.   
3. When mediators work to resolve a conflict between parties, they often try to have them agree on something as the first step of the mediation process.  Even if the point of agreement is really small, its psychological benefit can be great.  Sometimes, a small object that has sentimental value for both parties, such as the kids’ pictures, can do the trick.  Next time you see a conflict brewing, try to agree before you disagree. 
4. When you work as a team, you need to start with a common agenda and common goals.  It applies to meetings, collaborative projects, study groups.  It ensures that all the members of your team are moving in the same direction. 
5. When you write to persuade, inform or entertain, it’s a good idea to consider what characteristics your readers share and what you can do as a writer to address their concerns, interests and desires.  You can apply the same principle when you launch a new product or service. 
6. Whenever we encounter a new situation, we look for a familiar pattern in it.  That’s how our brain processes the information.  To understand the new piece, we need to find a link or an association to something we already know.  If you train yourself to be better at pattern recognition, you will learn more and remember longer.  So next time you need to learn something new, compare it first to what you already know and see how you can transfer your existing knowledge or skill set to the new context.

Can you think of any other situations when finding common ground is a good way to begin? 

Tip bit #27: On memory collages

If you need to memorize a complex concept, try creating a memory collage.  Here’s how  it works.  Pick the key elements and relationships that describe the concept.  Then, find images that you associate with those elements.  You can browse magazines if you want to make it low tech or find images on the web if you want to create your collage in a digital format, or maybe, you can sketch them yourself.  After you are done collecting your visuals, arrange them in a collage trying to reflect the relationships among the underlying elements.  The benefit of a memory collage is that it allows you to see the concept as a whole whereas the verbal description can only be sequential. 

Visit Creativity Portal to explore various collage resources on the internet or play with Art Zone interactive tools to create your own collage online. 

Tip bit # 26: Stretch.

You are already stretching your mind extensively, but what about your body?  Does it feel stiff and strained, and craving for your attention?  If you spend many hours sitting in a chair and want to avoid back and neck pains, you need to maintain good posture and back support.  You can start working on both your mental and physical agility with these 16 Exercises to Help Correct Your Posture.  You will feel the extensions and flexions in your body as you do the poses, they are quite invigorating.  And check out Spine-health.com, which offers advice on how to practice good postures for standing, sitting in an office chair or driving. 

Tongue in cheek: the art of presentation

Do you suffer from a “presentension”?  It is a condition that tends to manifest itself when you are about to give a speech in front of a group. When all eyes are on you, you begin feeling the warmth of their welcome literally, as if you were transported into a sauna, still in your business suit.  So you sweat a little…or a lot.  Then you mind goes blank.  We are not sure why it happens, but it may be a result of the telepathic abilities of your audience.  The information leaves your head and goes directly into theirs.  So there you are, standing in front of a bunch of people, and you have nothing to say.  They, on the other hand, already know everything that was part of your presentation.  So they watch you suffer and think:  “What new can you possibly tell us?”  Then just as you are about to open your mouth and ask” How are you today?” the air gets sucked out of your lungs and a big hot potato rolls up your throat, turning your mouth dry.   It’s really hard to give your speech if you have a “presentension” attack.  But have no fear.  You can find out the ways to alleviate the symptoms in Guy Kawasaki’s post “Speaking as a Performing Art” and its follow up “Bite Your Tongue: Eight More Ways To Improve Your Presentations.”  The tips are the result of his collaboration with Doug Lawrence, who is a professional singer and speech coach.  There are many similarities between speaking and singing, so learning about how singers control their performance can be beneficial to all of us.  Who knew that biting you tongue literally (and gently) could help your dry mouth:  “Opera singers use this all the time to release saliva which moistens your mouth.”

Tip Bit #25: Make a list of 5 things that you are excited about

If you need inspiration in your life, check out Pursue the Passion.  Here’s what the creators of the project say about it:

“Pursue the Passion started as a group of three recent college grads who embarked on cross country roadtrips to interview passionate professionals about their career paths. We created this site because we felt that others could benefit from these interviews, and use them to determine a direction to take their careers.”

In addition to great stories, I really like their series “5 Things I’m Excited About on a Friday.”   I think it’s a great way to fuel your passion and remind yourself how exciting you life is.  We all need it from time to time, and Friday just seems like a perfect day for this type of exercise.  The weekend is almost here, so dream a little, let your curiosity run free and find excitement in your life.  What are the 5 things you are excited about this Friday?   I’ll start:

1. I am so excited that I am close to launching my online training course.  It’s going to happen very soon (more on it later).
2. I am excited that the weather is promising to be wonderful this weekend, which means I get to spend more time outdoors, and I like that.
3. I am excited to start reading “The Art of the Start” by Guy Kawasaki that I just got from the library. 
4. I am excited my daughter learned how to stack building blocks.  She was really good at smashing my creations before, but now she can build tall towers on her own.  Silly things can make Mommy happy. 
5. I am excited about my exercise and meditation routine.  I hope I can stick to it.  I want to be able to meditate properly for at least 20 minutes.  Right now, my mind is still dashing from thought to thought and my back starts aching after sitting still for about 10 minutes.  It will get better, right?  Practice, practice, practice.   

Who is next? 

The Rule of Hopeful Hare

For those of you taking the bar exam. 

Question:
The Fox conveys the Foxacre “to the Hare with the hope that he wins the race with the Tortoise”.  Determine the interests conveyed and retained in this transaction. 

Answer:
The Hare has a fee simple absolute. 

Remember The Rule of Hopeful Hare:
Defeasible fees require a determinate durational language.  The words of mere desire, expectation or hope are not enough to create a defeasible fee. 

This rule of construction exists because courts disfavor restrictions of the use of land. 

Pure Text

PureText is a neat little tool that allows you to paste text to any application without the original formatting.  After you install PureText (it’s free), you can use its Windows hot-key to paste the text instead of the standard Ctrl-V hot-key.  Alternatively, you can click on the "PT" tray icon near the clock on your task bar to remove formatting from the text that is currently on the clipboard.  Easy and useful.  (Hat tip to Success from the Nest).

How to deal with difficult people

Most of your interactions, I am sure, are cordial, pleasant and productive.  But for those rare occasions when you come face-to-face with a difficult, negative, or annoying person, here’s a blueprint for your actions and reactions. 

First of all, how do you spot trouble?  Chuck Newton warns of the “Six Personality Types You Should Avoid.”  Meet The Loafer, The Weasel, The Bridegroom, The Psycho Killer, The Replicant, and The Future CEO.

What assumptions do you harbor when you develop your relationships with people?  Here’s a list of principles that will help you build better relationships from the Lifehack article “Other people are not broken…” by Adrian Savage.

How do you deal with negative people in a positive way?  Catherine Pratt offers some tips on “How To Deal With Negative People” at Life With Confidence.   Do you know the type who always criticizes everything?  I’ve heard of a good neutralizing phrase when you talk to those people.  Ask them:  “Do you have a better idea?”   While you are at Life With Confidence, also check out “How to Kill Fear When Dealing with Aggressive People” by Peter Murphy. 

Here’s a secret about annoying people.  They are annoying only so long as you let them annoy you.  Take that power away from them!  The Chief Happiness Officer Alexander Kjerulf tells you  “How not to let annoying people annoy you.”

How do you keep your cool?

Tip bit # 24: The Crock Pot Learning

The crock pot is a fine invention.  I don’t use it for many things, but boy, do I like the beef stew prepared in the crock pot.  You chop up the veggies and meat, add broth and tomatoes, and then the crock pot magic happens, and 8 hours later, or better yet, overnight, you have a delicious  dish full of flavors with meat melting in your mouth. 

Why am I talking about the crock pot today?  Because just like you have to trust the crock pot to do its magic, there are times when you have to trust the learning process to get you where you need to be.  A preparation for the bar exam is a case in point.  You do your best listening to the lectures, reading, taking notes, reviewing, practicing, and trust that the magic is going to work and you will pass.  At any given moment, there is a huge amount of information thrown at you.  You don’t want to control every little detail because it’s not possible.  What you want to do is to start doing practice questions right away and keep doing it.  You won’t feel as if you know the law enough, but that’s OK.  You have to trust the process.  Practice teaches your brain to recognize patterns that are tested on the bar exam.  Pattern recognition is central to your success, and you can’t learn it just by reading and memorizing.  If you have to choose between practicing and reading the long outline, practice and review the answers.  And when you feel overwhelmed and insecure of your knowledge, remind yourself to trust the process to do its magic, no matter how slow your progress may seem, it’s just like the crock pot.       

On stress and memory

Here’s good news and bad news about stress and memory delivered by SharpBrains.  Bar candidates, listen in.  Short-term, acute stress can help you concentrate and remember things better.   That’s because the adrenal glands respond to the initial dose of stress by immediately releasing adrenalin, which can help your performance.  However, long-term stress has the opposite effect.  If the stress is severe or persistent, the adrenals release cortisol, which damages the neurons in the hippocampus, a part of the brain that is central to memory and learning.  Make sure you take this quick test to measure your stress levels.   

To find out more about how your brain responds to various stressful situations, check out Stress on the Brain  from The Franklin Institute Resources for Science Learning.

How do you manage your stress levels?  These 52 Proven Stress Reducers are a good place to start.   

Tip bit #23: Make a list of what you really need to learn.

Today’s tip is inspired by Stephen Downes’ list of “What You Really Need To Learn”.  He thinks it is important to learn:

• How to predict consequences
• How to read (and really understand)
• How to distinguish truth from fiction
• How to empathize
• How to be creative
• How to communicate clearly
• How to learn
• How to stay healthy
• How to value yourself
• How to live meaningfully

Many of the above skills are not taught in school and yet they seem to be essential if you want to have a good life and be successful in today’s world. 

So, what is in your list? 

Tip bit #22: On managing expectations

Many problems can be avoided or resolved easier if you are good at managing people’s expectations.  We may want many things in work and life, but because we know that we can’t get them all, we are sensitive about things that we expect to get.  That’s our compromise, so to speak.  I may give up X, but I better get Y.  If you know how to lower or raise people’s expectations, you have an influence over their levels of happiness, satisfaction, appreciation.  I don’t suggest that you manipulate people by setting their expectations low on purpose.  I believe in honesty and respect when dealing with people.  After all, trust is essential in serving professions, such as law, but it is also fragile.  On the other hand, you should not promise what you can’t deliver.  But you already know that.  Let’s look at a few scenarios when managing expectations can save you a lot of trouble.   

Scenario 1 

You get an assignment from a partner.  You think you understand what the partner wants even though you are a bit fuzzy on a few points.  You think you will figure it out once you research the question more.  You don’t want to ask for clarifications now because you don’t want to look incompetent.  “What if I am supposed to know that?” your inner critic says in a reproaching kind of voice.  You go ahead and do your research.  One hundred billable hours later, as you are talking to the partner again, you are told that you answered a wrong question.

The lesson from Scenario 1 is that in order to manage expectations, you need to know what they are.  To be clear about your task or the process to be followed to solve the problem, ask questions and repeat the essence of what you heard in your own words to make sure you understood correctly.  Fire the inner critic.

Scenario 2

You get an assignment from your boss.  The task is clear.  As you go about your business, a few complications arise.  You think you can handle them on your own.  You don’t want to bother the boss with minor details.  The inner critic says, “The boss will never give me any serious work if I can’t handle this.”  Before you know it, two hundred billable hours later, the complications snowball into a major disaster. 

The lesson from Scenario 2 is that you must keep the channels of communication open.  Good bosses know how to stay on top of things without being a micromanager.  But if it’s not your boss, the burden is on you to make a call when something needs to be brought to her attention.  What you want to do is to have a plan ready how you would handle the situation.  That way, you are not complaining about a problem, you are offering a solution.  And fire the inner critic.

Scenario 3

You get an assignment with a deadline.  You need to coordinate with John Doe, who has an important role in the project.  No problem.  You think you will be ready in time with your part and so will John Doe.  Unfortunately, John Doe has a family emergency.  You think you can still finish on time when John Doe shows up in the office on Monday, so you don’t let anybody know that the deadline may be compromised and you don’t reschedule any meetings.  “They will kill the messenger,” admonishes the inner critic.  John Doe is not in the office on Monday. 

The lesson from Scenario 3 is that sometimes you have to deliver the bad news.  Nobody likes to miss a deadline, especially an important one.  But things happen, and if you keep communicating with your team and your clients, you may be able to renegotiate the deadline, which is better than missing it.  So, fire the inner critic.

Do you have your own scenario?

Tip bit #21: Change the word

When you study for a multiple-choice exam, such as MBE, you need to read the questions  and options very carefully.  Your choice of the answer may depend on just one word.   Can you recognize those powerful words that trigger legal standards, call for doctrines, or cunningly distract you?  To practice identifying such words, try the following game.  Once you solve the original hypothetical question, go back and change one or two words in the question in such a way that alters your analysis.  Rewrite the hypo and see where it takes you.  It’s a good game to play with your study group if you participate in one. 

How to create memorable flashcards

You have probably seen popular character names used in legal fact patterns.  Most of them are there for pure entertainment.  But fictional characters can do work for your memory as well.  Here’s how – with the story of the Crow. 

Hypothetical: 
One day, the Fox was sleuthing around the Foxacre when he saw the Raven perched in a tree with a piece of cheese in his beak.  The Fox was hungry and came up with a plan to get the cheese from the Raven.  The Fox deeded the Foxacre “to the Raven so long as the Raven does not sing in his ugly voice on the Foxacre.”  The Raven, anxious to refute the criticism of his voice, set up a loud caw and dropped the cheese.  Determine the types of interest conveyed and retained in the transaction. Who owns the Foxacre now?   

Answer:
The Fox conveyed a fee simple determinable to the Raven and retained a possibility of reverter.  When the Raven began to caw, the limitation stated in the conveyance occurred and the estate automatically reverted back to the Fox. 

The following phrase will help you remember the estate and the corresponding future interest:
Fox Simply Deceived Poor Raven.
Fee Simple Determinable and Possibility of Reverter. 

If you are familiar with the Aesop fable “The Fox and the Crow,” this hypothetical can do a few things for you:

The familiar scenario when the Crow (Raven in my hypo because the letter “R” stands for “Reverter”) caws and drops the cheese, which the Fox immediately gets, reinforces the idea that the fee simple determinable is automatically terminated once the stated condition is broken.  The sneaky Fox gets both the cheese and the estate in my hypo. 

An additional benefit is the phrase that helps you to memorize the estate and the future interest. 

Can you think of any scenarios from books or movies that inspire you to create your own memorable hypothetical for a flashcard? 

**Those of you who have been reading my blog for a while (thank you, thank you!) know that I have done a number of such memory aids throughout my posts.  If you find them helpful, please let me know because I may be able to work on more of those to have a study aid product.  I’d greatly appreciate your feedback, so leave a comment or send me an email.

More bar exam tips

Still worried about the bar exam?  Here’s a list of resources that can help you study for and pass the bar.  (You can read my previous post here if you want my personal perspective on the bar exam experience.)

PLI offers bar exam tips from a panel of experts in the video and HTML text formats.  Learn about Preparation Just Prior to Starting Your Bar Review Course.  There is also advice on How to Write a Successful Bar Exam Answer and How Not to Be Conclusory.

Check out Passing the Bar site created by Professor Vernellia Randall.  It covers a variety of topics related to the bar exam preparation, including Specific Study Advice and tips on how to Develop Keywords Flashcards.

Carolyn Nygren describes a 7-step training strategy for bar candidates to practice before the bar review course starts.

FindLaw has a list of resources for the bar.

You can do it!

Tip Bit #20: On learning portfolios

In the summer time, many students pursue internship opportunities, study abroad programs and other activities outside the traditional law school curriculum.  It’s a good time for self-directed learning.  You can read about the characteristics of self-directed learners in the article “Learner, Direct Thyself” by Gerry Sexton, M.D. at LiNE Zine.

One of the tools for more effective learning is a personal learning portfolio.  When you hear the word “portfolio,” you may think of artists or designers creating a representative sample of their works.  A learning portfolio, however, is a record of your personal learning experience, and it can be created by anybody.  What are the benefits of a learning portfolio?

• It makes your learning more purposeful.
• It’s a place to record your learning goals.
• It allows you to track your own progress.
• It will keep you motivated because it is also a record of your personal victories.
• It focuses your attention.
• It teaches you to be a reflective learner. 
• It can be a springboard for your job-search and career development strategies.

It’s up to you to decide how you want to structure your learning portfolio, but here is a simple format to get your started:

1. Identify the content of your learning.  What is it that you want to know?  For example, as a summer associate, you may want to choose your favorite areas of practice, decide whether you like the firm’s culture, learn how to write good memos and how to network, etc. 
2. Write down the reasons why you want to learn those things.  How does your learning fit into the larger context of your personal development, career objectives, social life?  You are more likely to achieve your goal if you have a reminder of why it is important.   
3. Determine how you are going to accomplish your learning objectives.  What experiences do you need to have?  How do you develop the skills you need?  Who can be your teacher / role model / mentor?  Create your own learning curriculum filled with the activities that can boost your professional and personal development.
4. Figure out how you can measure you progress.  How do you know that you have reached your goal?  What are your milestones?  Record your successes and challenges.
5. Reflect on your learning process.  Write down your observations of what works and what doesn’t work for you.  How could you learn more effectively? 
6. Find the ways to use and apply your new knowledge and skills.  How can you learn more by doing? 
7. Have a section where you can record random comments and observations, clip images that appeal to you, write down quotations, ask yourself questions and just let your thoughts flow onto the paper without reservations. 

Have you ever used learning portfolios?  How did they work for you?  Let me know.

Tips to develop intercultural competency

What are the chances that in your practice, you will represent a transnational corporation, take an assignment at a foreign office of the U.S. law firm, advise international clients on the U.S. law, outsource legal work to lawyers in India, help American retirees to settle down in Mexico, or devise an estate plan for foreign nationals with assets in the U.S.?  You may think that you have a local practice, but in today’s economy, more and more of your business and individual clients choose to trot the globe.  Are you ready to travel with them?  If you need help, the following resources can be your guide across cultures:

Pamela Slim of Escape from Cubicle Nation gives advice on "How not to be a cultural knucklehead in a global business world." 

Lynn Gaertner-Johnston of Business Writing addresses pitfalls of cross-cultural communication in her post “Do You Like My Dressing?” 

Janet Moore offers great advice to lawyers across borders at her International Lawyer Coach Blog.  If you are considering a study abroad program, read the post “Study Abroad Opportunities for Law Students,”  which has a list of helpful websites.  The blog also has useful information for foreign lawyers in the U.S. 

I always look forward to Anne Fox and Dr. Laurent Borgmann’s podcast ‘absolutely intercultural!’ which deals with intercultural issues in creative and engaging ways. 

Let’s begin! (Part I)

"Too many of us wait to do the perfect thing, with the result we do nothing. The way to get ahead is to start now. While many of us are waiting until conditions are "just right" before we go ahead, others are stumbling along, fortunately ignorant of the dangers that beset them. By the time we are, in our superior wisdom, decided to make a start, we discover that those who have gone fearlessly on before, have, in their blundering way, traveled a considerable distance. If you start now, you will know a lot next year that you don't know now, and that you will not know next year, if you wait. "
The William Feather Magazine

You’ve probably heard the saying “to begin is half the work.”  It is also the hard part of the work.  Have you had trouble starting a thing or two?  Why is it so difficult to begin?  I think, it boils down to anxiety, uncertainty, lack of commitment, risk-avoidance and maybe, a few other things.  What is a good way to begin something?   Here are a few tips to get you ready to cross the start line. 

Start at the end.  That’s right.  Begin by imagining the end result of whatever you want to do.  George Bernard Shaw said: “Imagination is the beginning of creation. You imagine what you desire, you will what you imagine and at last you create what you will.” If the outcome is compelling enough, the vision will propel you to action. If you can’t see the positive result, it may be a sign that you should not start. 

Take the bate.  Is there a part of the project that looks more appealing to you? Start there if possible.  Find the most exciting thing about the project and go after it.  The energy generated from such beginning will carry over to other less enticing tasks.  If you can’t find anything exciting, once again, it maybe a sign that the thing is not worth doing.  If you really have to do it, pair it up with some unrelated fun.  Make a deal with yourself that you will do the fun part first for a limited amount of time and then, you must do the boring part.  For example, you can watch one movie, but then you must start writing, reading, outlining, or whatever you need to.  That’s the reward upfront approach. The idea here is to put you in a good mood right away and mentally prepare you for other things to come.  This approach may help you if the promise of a future reward doesn’t do the trick.

Transform procrastination into the beginning.  Use your procrastination time to organize your thoughts, create a time-management system for your project, motivate yourself, rehearse ideas.  In other words, procrastinate with purpose.

Set a deadline to begin.  You have to set deadlines to get anything done.  Share your deadline with people.   If you make a public commitment, you are more likely to keep it.

Take small bites.  What exactly qualifies as the beginning?  If you need to write a paper, do you have to write a sentence, a paragraph, or a chapter to begin?  Subdividing your project into small easily manageable parts is a great way to conquer your fears and resistance. 

Enlist the help and support of others.  There is nothing like sharing your misery with somebody else (I am being sarcastic here).   Do you think runners would feel differently when they approached the start line if there were no cheering crowd around?  Surround yourself with energetic, caring and motivating people, and feel a sudden urge to begin. 

How would you begin whatever you need to do right now? 

Today’s tips are general and applicable to a variety of contexts.  It’s just the beginning (pardon the pun).  In Part II, I plan to address some specific situations, for example:

• How do you begin writing a paper?
• How do you being a job interview?
• How do you being a presentation?
• How do you introduce yourself to people?
• How do you begin a cold call?

If you have any advice or a topic to suggest, I’d love to hear from you!
 

On job search and networking

Are you looking for a job?  Do you want to learn the skill of business development and networking?   Today’s round-up is for you:

Law Career Blog offers job hunting advice for 3Ls and recent grads.  I like the suggestion of being proactive, flexible and creative in your job search.  Some students buy into others’ vision of how things should be and adopt the victim’s mentality when things don’t turn out that way.  How do you make the best with what you have?  It takes courage, creativity and consistent work.  You begin by valuing what you have to offer because if you don’t value yourself, you can’t show your worth to others.  Take the challenge and write your own life story, don’t let others write it for you.  The upside is that you can learn so much more about yourself and your true aspirations in the process.   I suggest you sit down and make a list titled "Here's why I am so awesome!"  Place this list where you can see and read it often.  Strive to add new things to it each day as you go about your search for business.   

Do you want to know nine essential characteristics for making partner?  Inside Practice offers an excerpt from "Making Partner: A Guide for Law Firm Associates" by John R. Sapp.  Among those characteristics are “Maturity: You are in control of your life” and “Entrepreneurial attitude: You think like an owner rather than an employee.”  Now is the time to start working on those skills.  And if you already possess them, maybe you don’t need an employer.  Build A Solo Practice, LLC will help your to plan your own business venture. 

Here are a few nuts and bolts of networking.  Business Writing teaches you How to Ask a Stranger for a Favor and offers Great Tips for Email.  If you want advice on phone networking, listen to Escape from Cubicle Nation podcast Networking tip:  Use the phone! Finally, is your body language congruent with the words you speak?  Read about 18 ways to improve your body language from The Positivity Blog.

Happy hunting and gathering!

Tip Bit #18: It’s time to throw out bad apples

Occasionally, in a grocery store, I buy apples that look good and firm with shiny skin (probably coated with wax), but when I cut one of these apples a few days later, there is brown mush inside.  While I’d love to know how to pick apples better, today’s tip is not about grocery shopping.  It’s about identifying the “bad apples” among things you do.  Sometimes we engage in something that appears like a good thing on the surface, but if we dig deeper, it adds very little value to our lives.   Just like those bad apples in the store, such activities can be deceptive because they are not obviously bad or wrong. 

They often act as time-fillers and offer us a way to procrastinate.   Take example of web surfing.  There is a lot of good information on the internet that you may want to read, but after a while, internet search can turn your brain into a mush. Some things go bad with time: the more time you spend on it, the less productive the activity becomes.  That’s why time constraints are a good thing.  When do you stop evaluating options and make a decision?  When do you stop researching and start writing?  Here’s another “apple” that can go bad – reading study aids, such as commercial outlines, hornbooks, nutshells.  At what point reading more becomes a distraction form something more important that you should be doing, like thinking on your own or outlining?

We all pick “bad apples” from time to time.  What are yours?  How do you pick them and why? 

** I am doing the happy dance here because I just found my good Apple – my iPod.  Four days ago, I locked it and gave it to my baby to play with – she loves gadgets (bad idea), and then it disappeared.  I searched through every inch of my home office and couldn’t find it.  Today, I pulled a book off the shelf and it fell out.  She must have put it on top of the books.  I never realized I loved listening to podcasts so much.  It made my day!

Getting ready for the bar exam

No groundbreaking secrets here, just the ground work to pass the bar.  I ended up taking the bar exams in two states, Illinois and New York, due to the move.  And, guess what… I am no longer in either of those states, but I don’t see a third bar exam in my future.  So, the first lesson I’ve learned is not to move so much if you want to practice law, or work for the federal government, then a license from any state will do.  Here are a few other things I learned:

• To succeed at the bar exam, it’s not enough to know the law, you also need self-discipline, endurance, time-management and stress-management skills.  You must train for each of these requirements accordingly.
• Remember the three “Ps” of performance:  prioritize, plan, prepare.  You need them as you study for the bar.  To make my life easier, I just followed the schedule of the bar review course.  You must have a schedule and stick to it.  You won’t be able to catch up if you seriously fall behind because of the large volume of the material. 
• Find a routine that works for you.  It may consist of lectures in the morning, a lunch break, a short study session, a nice nap, another study session, a workout, dinner – you get the idea.  See how your energy flows throughout the day and adjust your activities accordingly.   
• Pace yourself and take study breaks.  It’s a marathon, not a sprint, you need to build up your endurance and mental toughness and not to burn out in the process.  Incorporate some type of exercise into your routine to bring oxygen to your brain, relieve stress and stay healthy.  Take naps if you can.  You are going to be learning so much every day, an afternoon nap will help you consolidate your memories.  I started meditating daily for about 10-15 minutes when I was studying for the bar. 
• Don’t try to make yourself more miserable than you need to be.  Reward yourself periodically with some fun and entertainment, but avoid anything that can give you a hangover, insomnia or indigestion.  The idea is to make you feel better, not worth.  You can even combine your studies with something pleasant.  Pack your books and go to a park or to the beach.   
• Do lots of practice questions for the MBE portion of the exam.  After reading a lot of questions, you become more attuned to the language and start recognizing patterns better.  Time yourself when you do them.  Getting the pace right is very important at the bar exam, so you should practice time-management early.
• Make sure you practice writing your full essay answers within the time constraints.  Go back and edit some of your essays to make the writing more crisp and concise.  Find better ways to state legal rules and standards so that you can use those phrases in other essays.  For the rest of the essay questions, outline your answers to see if you can spot all the issues. 
• Do the in-class, practice MBE exam, you need to know what a six-hour exam feels like. You can also schedule your own practice test or partner up with another bar candidate and take it together. 
• On the day of the exam, the last thing you want to worry about is getting lost or being caught in traffic, torrential rain or blizzard.  Visit the place beforehand.  If you have to drive far or if the weather is unstable, consider staying in the hotel nearby for the days of the exam.  When I moved to Buffalo, New York, I decided to take the February bar exam.  Buffalo can get lots of snow, and I didn’t want to concern myself with the weather, so I stayed in the hotel where the bar exam took place.  I slept better and longer. 
• Finally, no matter what, just remember that it is going to be over soon. 

Good luck!

Tip Bit #17: Find out what demotivates you

We often look for motivation and overlook things that demotivate us.  Motivation is not just about the presence of goals, purpose, energy and will.  It is also about the absence of certain things.  What are those things that kill your motivation?  Where do you look for them? 

Your surroundings.  Clutter demotivates me even though I have to admit that my now 16-month-old baby desensitized me a bit to this aspect of my environment.  A pile of blocks on the floor, a stack of old magazines to tear up and various squeaking things under my feet seem like a good bargain for a half-hour of uninterrupted work.  Is there anything in your surroundings that demotivates you? Any annoying noises?  An uncomfortable chair?

People.  Negative people have a great ability to demotivate, and so do rude people.  Limit your exposure to them if you can.   

Low energy level.  It’s hard to get excited about anything if you don’t have the energy.  Shortage of sleep and exercise, illness, poor diet can all contribute to the lack of energy and motivation.   Even eating a heavy meal can make you sluggish.

Stress and anxiety.  While short-term stress can add to your motivation, prolonged stress will most definitely diminish it.  And even though there are people who are motivated by fear, many of us find anxiety and negative thoughts demotivating.   

Your leisurely pursuits.  I am careful about what I watch and read.  There are many things out there that put me in a sulky mood.  On the other hand, being outdoors makes me more enthusiastic about things I need to do. 

What demotivates you? 

Tip Bit #16: “Punch it, Chewie!”

Today’s tip comes courtesy of The Happiness Project.  When I read Gretchen Rubin’s One big tip for changing the way you think on the use of catchphrases, I just had to share it because I am also a believer in brief, zesty expressions that can motivate and inspire.  They are like little verbal energy bursts.  Their brevity makes them more effective because your subconscious mind doesn't have time to “argue” with the message, like it may in case of longer affirmations.  So next time your self-doubt sets in, turn off the negative thought flow with one of these phrases.  Gretchen’s post has a list of her favorites.  I like “Punch it, Chewie!” from Star Wars, which is my equivalent of “Let’s do it!”  And when I look for a solution, I remind myself:  “The answer is closer than you think.”  What are your favorite expressions?

How to form an effective study group

Some students prefer studying on their own, others join study groups.  A study group can be beneficial if it is set up and run effectively, but it can quickly turn into a time-waster if the participants gather to socialize, share confusion and commiserate.  How do you make your study group more effective?   Here are a few suggestions:

• Choose your study-buddies wisely.   A person who is great to share a beer with may not be the best choice when it comes to studying together.  You want people who are responsible enough to prepare for the meetings, who contribute with ideas and tips, who are self-directed and motivated learners, with a schedule compatible to yours.  Also, avoid large study groups because they are hard to manage and you have less opportunity to contribute.
• At the end of each meeting, set an agenda for the next meeting and allocate specific times for every task.  Make sure you have the ending time.  Stick to your plan. 
• Assign a person to each topic on your agenda to lead the discussion.  Do it in advance of the meeting so that the person can think about the best way to address the topic and prepare questions.  This is done for the sake of efficiency, and not for the purpose of sharing the workload:  everybody must still prepare to discuss each topic on the agenda. 
• Make it a goal whenever you speak to keep your message brief, crisp and to the point.  This is good practice for real-life meetings.  Brevity helps to crystallize your understanding.
• Identify your personal goals that can be advanced in a group setting.  For example, you can practice your communication and listening skills.  You can learn to think on your feet when somebody asks a question.   You can see how good you are at motivating people.  You can even work on your leadership skills.   Pick a specific goal for each meeting and focus on it.   Don’t be shy about asking for your peers’ feedback.  “Am I rambling too much?”  “Did I present your point of view correctly?” 
• If your study session reveals points of disagreement, confusion or misunderstanding, prepare a list of questions that you can ask your professor during the office hours or have a volunteer to consult a treatise or other sources for a follow-up presentation at the next meeting.  The point is to have a course of action to clarify the confusion. 
• Role-play during your studying sessions.  It may sound silly but it is a fun and effective way to step into somebody else’s shoes.  You can act as a lawyer explaining something to a client.  Talking through the material and putting it into the words that are easily understood by a lay person will reinforce your own comprehension.  Whoever plays the “client” will make sure that you don’t speak legalese and ask clarifying questions.  Or how about trying to read your professor’s mind and predict what questions can appear on the exam?  Have each member come up with one possible question or hypo that all of you can do during a review session.  Compare your answers, give constructive criticism.  When the exams come around, keep scores to see who the best “mind reader” is.  Here’s another interesting exercise to do as part of your group review sessions – the “Final Exam” procedure by Win Wenger of the Renaissance Project.
• Do practice questions and essays as part of your meeting.  It is easier to take timed practice tests within a group.  After the time is up, trade your answers, critique and offer tips to improve.  Pay special attention to the organization of your essay answers.
• Right before the exams, the students are understandably more stressed out and may feel the need to talk about something else as a diversion.  If that’s the case, schedule some time during the meeting for stress-relief activities.  Share something positive and motivational with the group.  Look at great photography or listen to a piece of music together.  Laughter is an excellent way to reduce stress and uplift your spirit.  Do an act of kindness or say something nice to the person next to you.  It will make you and those around you feel better.

What are your experiences with the study groups?  Do they work for you?  If you participate in one right now, how can you make it better?

Memory techniques

Do you need memory boost?  Here are a few suggestions of memory techniques that you can use as you review for the finals and, for some of you, for the upcoming bar exam, with the links to my earlier posts.

• Create crossword puzzles to memorize legal terms and concepts.  Puzzle your brain tells you how to do it with the example of the crossword puzzle on the rights and duties of cotenants.   
• Create mnemonics to aid your memory.  Memorize this provides an illustration from Property, Rights of Founders Against the Owners of Land.  And here’s a mnemonic to help with the Rule Against Perpetuities.
• Branch out:  use mind-mapping to create additional study aids.
• Metaphors and associations are great tools to incorporate the new material into your existing knowledge base. Here’s an example from the landlord and tenant law.
• If you find it hard to remember how and when certain rules apply in a sequence, peg the application of those rules to a system that is more memorable and familiar to you.  Here’s an example of a memory peg to remember the interaction between the Rule in Shelley’s Case and the Doctrine of Merger.
• Visit the “memory palace”: 
  First, you choose your “memory palace”, which can be any place or route that you remember well.  Next, you place your thoughts or images that you want to remember next to distinctive points in the rooms of your palace or along your route. Those points serve as memory hooks.  When you need to recall the material, you mentally walk through the palace and “collect” the pieces of information that you left at each distinctive point. 

For more learning techniques, check out the Project Renaissance web site.   

Tips on how to review before the test

Many of you are approaching another round of finals.  In order to give you more varied pointers on how to review before the exam, I decided to ask some people about their approaches to reviewing.  Coincidently, my husband is studying for the Chartered Financial Analyst (CFA) Level III exam right now, so I asked him.  Here's how he thinks about reviewing material. 

Let's assume that you've read through all the testable material.  The goal in the review is to ensure that the information collected is converted into knowledge and insight.  One way to do this is to consider three points:

1. What is the key point?  Information generally comes with extraneous detail and noise.  Boil down the key ideas into crisp points.
2. Why does it matter?  Knowing the importance of the information is critical.  First, it provides context and relevance for the information.  Second, it gives your mind an anchor or reference point to hang the information, so that it can be easily retrieved later.
3. What does it mean?  Put differently, how will this information change behavior going forward?  Consider how you or people you know are impacted by the information?  If you were an impacted individual, how would you see the world differently?  Thinking about information through the eyes of those affected provides powerful insight into the consequences (intended and unintended) of the change.

Do you have any tips to share?  Comments are always welcome.  And there are more tips to come, so check back soon.

Tip bit #15: Think Big

We often get so busy with our everyday routines that we rarely take the opportunity to  step back and think big about what we should be doing.  Today’s tip encourages you to do just that – think big:

Have a big vision.  To get inspired, listen to Big Vision Podcast:  Interviews with Individuals & Organizations Creating Positive Change.  Here’s the impressive list of interviewees.

Set big goals and participate in the “Gotta’ Get Goals” campaign. 

Ask big questions.  Read Chris Cree's question at Liz Strauss’ Successful Blog. 

Learn from big personalities.  By “big personalities” I mean experts in your field.  If you were given an opportunity to meet, take a seminar from or become an apprentice to any person of your choice, who would that be and why?    Do you know when and where you can hear this person speak? 

Create big value.  Whatever you do, define your value proposition.  Larry Bodine’s LawMarketing Blog has tips on how to articulate the value proposition for the legal services you offer.

Live big!

Creative thinking

I’ve decided to dedicate this week to thinking because that’s how my posts shaped up so far.  It will be known as the “Thought-Full Series.”   Robert Sternberg, the developer of the triarchic theory of intelligence, divides thinking into three categories:  analytical thinking, creative thinking and practical thinking.  The analytical thinking refers to abstract thinking and logical reasoning.  It is about analyzing and evaluating information.  Creative thinking is about the ability to generate new ideas and deal with novel situations.  Practical thinking is about the ability to apply the knowledge in the real world and change your environment.  Last Monday, I wrote about reasoning by analogy as part of analytical thinking.  Yesterday’s post about goal-setting illustrated practical thinking.  Today’s theme is creative thinking.   

How important is creative thinking to lawyers?  Lawyers are not usually seen as creative types.  After all, they research the rules and advise on how to follow the rules.  At the same time, there are many aspects of law practice that can benefit from creativity:  how to find ingenious solutions for your clients while obeying the laws, how to negotiate better outcomes for all, how to mediate conflicts, how to communicate with your clients effectively, how to cut costs and grow business.   Can you think outside the box but play by the rules?   

“Think like a fool,” advises Roger von Oech of Creative Think.  You will benefit from fresh perspectives, shrewd observations and surprising insights.

Gretchen Rubin of The Happiness Project offers Eight tips for sparking your creativity.  Let your mind wander and take notes. 

I like to listen to Accidental Creative podcasts because I want to be “prolific, brilliant and healthy.”

What do you do to nurture your creativity?

Tip Bit #14: How to ACE your online reading

Internet is the repository of a wealth of information and a great time-waster as well.  What I am realizing is that the source of information overload is not so much the sheer quantity of information, but rather the inability or unwillingness to choose what is worth the reading effort.  I am guilty of spending hours jumping from one article to another to satisfy my curiosity.  Did all this reading make me more productive, inspired, creative?  I am not so sure.  That’s why I decided to give my ACE system a try.  It makes me more aware and accountable for what I read, why I read it, and what the results are.   “ACE” stands for “Accumulate,” “Choose,” “Eliminate.”  This is how it works:

Accumulate.  I schedule time to skim my feeds, perform searches, follow interesting links and do other things to collect potential reading material.  I bookmark the things I may want to read.  I set up several folders according to my projects and interests so that I could sort the links into their corresponding folders.  The challenge here is to fight the temptation to start reading.  The upside is that I don’t need to be selective at this stage.  Anything that catches my eye goes to one of my folders. 

Choose.  I schedule separate time when I actually read the materials that I bookmarked earlier.  Before I read though, I make a choice of what I am going to read about today.  The benefit is that my reading is more focused on what I am doing at the moment.  Instead of reading five articles on memory on various days, I read them all in the same session when I want to tackle this topic.  Another plus is that great sources accumulate over time without much effort on my part, and when there are enough of them, it is a signal for me to pay attention.  I find that I get more ideas and inspiration out of such sessions.

Eliminate.  I also take time to go over and clean up my folders.  I delete the links that are no longer relevant for some reason.  Again, I want to keep the things that I may read one day.

Do you have a system in place that helps you curb your appetite for online reading?  I’d love it if you shared your approach in the comments.   

Writing tips from Warren Buffett

Annual reports are usually not a fun read, but the annual reports of Berkshire Hathaway may be an exception.  Warren Buffett, the CEO of Berkshire Hathaway, writes his annual reports in a direct, witty and engaging style. So it is not surprising that he wrote the Preface to “A Plain English Handbook: How to create clear SEC disclosure documents” for the US Securities and Exchange Commission.  His advice is good for any type of writing, not just annual reports:

One unoriginal but useful tip: Write with a specific person in mind. When writing Berkshire Hathaway’s annual report, I pretend that I’m talking to my sisters. I have no trouble picturing them: Though highly intelligent, they are not experts in accounting or finance. They will understand plain English, but jargon may puzzle them. My goal is simply to give them the information I would wish them to supply me if our positions were reversed. To succeed, I don’t need to be Shakespeare; I must, though, have a sincere desire to inform.

No siblings to write to? Borrow mine: Just begin with “Dear Doris and Bertie.”

For more writing lessons from Warren Buffett, check out Away With Words.

Holistic learning

In his thought-provoking post How to Ace Finals Without Studying and the follow-up, Scott Young describes holistic learning and its benefits:

Learning holistically is not done by trying to remember information by using repetition and force. Holistic learners instead organize their minds like spider webs. Every piece of information is a single point. That point is then consciously related to tons of other points on the web. There are no boxes with this form of learning. Science becomes literature which becomes economics. Subject distinctions may help when going to class, but a holistic learner never sees things in a box.

The interconnectedness of ideas, concepts, experiences, disciplines is at the heart of holistic learning.  Whether or not you practice holistic learning regularly, I think you are likely to experience the “magic” of holistic learning when you research and write a paper, work on a case in a clinic, or work on a project as an intern.  You don’t try to memorize the material, but the engagement and thinking involved in the process will cause you to remember it even years later.   

Holistic learning is synthesis on steroids.  You establish connections not only between the legal concepts you study, but also link to other disciplines and areas of life in general.  Law is fertile ground for this as it permeates almost everything around us.  In addition, law is constantly evolving, so to understand where a legal standard stands in relation to other rules and doctrines on the grand scheme of things is more important than to know its current interpretation (that doesn’t apply to the bar exam).  It is like star gazing when you identify the stars by their relative positions in the constellation.  Issue-spotting is another context where the holistic approach will serve you well because you have to take the characteristics of the familiar pattern and extend it to a new situation.   

So how do you approach the study of law holistically?  Next time when you struggle to understand a legal concept, consider the following questions:

• What is this concept like?  Think of any association that comes to mind.  Go further and analyze the essential characteristics that make this association work.  Is there a point where the association breaks down? 
• What does this concept remind you of?  Think of what you already know and how it can help you understand this concept better.  Does it involve a process similar to “X”?   Can it be applied just like “Y”?  Does it produce outcomes much like “Z”?   
• How does this concept relate to the previous material?  Here you engage in synthesis. 
• How do you think the doctrine will develop from this point on?  Make some predictions about what’s to come. 
• Do you know of any concrete, real-life scenarios where you can practice applying the theory?  When you encounter or read about various controversies, think of what you know and how it applies to the situation in question. 
• What other disciplines influence the evolution of this concept?  For example, technological developments affect patent law.  Ethics come into play in the regulation of biomedical research.  As you read papers and listen to the news, think of the ways the law may change in the future.
• What areas of life are affected by this concept?  Think of the results and consequences.  Do you like them? 

Mind-mapping can be a great tool to visualize these multiple levels of connections. 

What do you think of holistic learning?  Is it worth the time and effort?  Does it really eliminate the need for the traditional cramming right before the exam?  Have you experienced those "Aha! moments" when
things just "clicked" for you?  How did you get there?

Tip Bit #13: On reflective learning

People like to be in control of what they do.  It applies to learning as  well.  One way to make your learning experience more meaningful to you is to take time to reflect on the learning process itself.  Imagine that you want to go to Paris for vacation.  To see the city, you can either choose to go on a group tour with a guide or you can create your individual sightseeing agenda.  If it’s your first time in Paris, you don’t know anybody there and you don't speak French, a guided tour may be your best option:  you will be shown all the main points of interest and receive the basic information about the places.   However, if you are familiar with the city enough to decide what to see and how to organize your trip, you can create much more personal and meaningful experiences in Paris. 

How does it apply to learning?  Law school is in many ways like a guided tour with a busy schedule.  But when you get off the bus and have some free time, consider a few questions to orient yourself towards better learning experience.  What kinds of questions should you be asking?  Here are some examples for a weekly review:

1. What confused you most in class this week?
2. What is the best way to resolve your confusion?
3. What key ideas and information did you learn?
4. What was the most important idea you learned this week?
5. What surprised, dismayed, delighted you most in class this week?
6. How does your learning relate to the larger context of your life and work goals?
7. Have you learned any practical skills, ideas, tools, techniques that you can easily apply to real-life situations?
8. Have you learned anything new about yourself, your interests, feelings, values?
9. What helped your learning?
10. What interfered with your learning?
11. What should you do more of?  What should you do less of?
12. What is one thing (skill, habit, activity) you want to focus on next week?

Psychology of color

What colors do you like?  How do different colors make you feel?  Colors affect us emotionally, mentally and physically.  If we pay attention to how we relate to different colors, we could use them for our benefit.  Here are some tidbits about colors and their meanings. 
 
Red is associated with energy, passion, strength, danger, power.  It represents “emergency” in the field of medicine, “hot” and “danger” in engineering, and “loss” in finance.  Red has a great emotional impact.  Use it when you need to energize yourself and prepare for action.   Red is often used for “Buy Now” and “Click Here” buttons in web ads to prompt people to make quick decisions.    

Orange is associated with enthusiasm, stimulation, creativity, joy, warmth.  Orange is an attention-getter.  Use it to stimulate your mental activity and appetite.

Yellow is associated with sunlight, happiness, intellect, inspiration, energy.   Use yellow to cheer up or stimulate your curiosity.  It excites the brain and aids perception and memory, so it is good for learning.   

Green is a color of nature.  It symbolizes freshness, renewal, growth, safety, tranquility.  Green represents “money” and “profit” in finance and “safety” in engineering.  Green will help you relax.  It promotes the feeling of peace and harmony.

Violet is associated with luxury, mystery, creativity, independence, nobility, spirituality.  Use violet if you want to feel inspired and creative. 

Blue is associated with stability, calmness, trust, confidence, security, order.  It represents “reliability” in the business world.  Blue is a soothing color, it promotes mental relaxation.  Use it if you seek clarity and better ways to communicate something.  It is also known to slow down metabolism and decrease appetite.   

White is associated with coolness, purity, lightness, innocence, cleanliness.  Use it if you want serenity and simplicity. 

Black is associated with power, formality, elegance, sophistication, mystery.  Use black when you want to create the impression of strength and authority. 

Some believe that your preferred color can tell something about your personality.  Do you agree? 

How about taking ColorQuiz, a free five-minute personality test based on color psychology?

Finally, visit this site if you want to know more about color therapy. 

How to be a versatile communicator

Here’s one more skill that law students will probably have to master on their own:  how to present information in a visual way.  It turns out that lawyers differ from the general public in the way they learn and communicate.  According to the Attorney Communication Style Study conduced by Animators at Law, attorneys are 10% more likely to be auditory learners, 4% more likely to be kinesthetic learners and 14% less likely to be visual learners than the general public.  61% of the general public learns visually, 53% of practicing attorneys are either auditory or kinesthetic learners.  (Thanks to Idealawg for pointing me to this research).

What do these results mean to law students and lawyers?  On one hand, if you happen to be a visual learner (that’s still 46.9% of practicing attorneys), you may be at disadvantage in law school, which emphasizes verbal and auditory skills, but you have an advantage when you communicate with your clients or jurors.  On the other hand, non-visual learners need to adapt to the preferred visual style of their audience.  (Here’s a link to my previous post on how to communicate “on TAP”:  topic, audience, purpose.) 

How do you communicate visually?

You can use charts, graphs, pictures, slides or draw on a whiteboard.  Check out a Periodic Table of Visualization Methods for ideas on how to visualize information.   Another good resource to engage you spatial intelligence is the information aesthetics blog. 

Pay attention and “mirror” the language patterns of visual learners.  They may say phrases, such as “I see…,” “Imagine that…,” “Look at it this way.”  If you are an auditory learner, you are likely to use phrases, such as “I hear…,” “That sounds good.”  Kinesthetic learners may say:  “I feel that…”, “Can you grasp this concept?”   

Interestingly, when people interpret metaphors, they make connections across senses in the cross-modal areas of the brain where information from touch, hearing and vision comes together to form abstractions.  Jaron Lanier explores the relationship between images and sounds in "Jaron’s World:  The Meaning of Metaphor" for Discover.    

Finally, if you need an excuse to play video-games or simulations once in a while, now you have it:  you are developing you spatial skills to be a more versatile communicator.  Here’s a long list of free online flash games.