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| Christine Kipsang is second from the left in this picture of some of the Kenyan faculty members in the recent JAA Mombasa trial advocacy course. From left to right, Lilian Oluoch-Wambi, Christine Kipsang, John Chigiti, Benjamin Njoroge. |
Showing posts with label Advocacy Teachers - selection of. Show all posts
Showing posts with label Advocacy Teachers - selection of. Show all posts
Sunday, August 16, 2015
An Interview with Christine Kipsang: Attorney, Advocacy Teacher, and Aficionado of Ginger Masala Tea
I met Christine Kipsang at a recent Justice Advocacy Africa trial advocacy training course in Mombasa, Kenya. Christine is in private practice, with chambers in the Social Security Building a few blocks from the court complex in Mombasa. She agreed to contribute to the blog in the form of an email interview.
Friday, August 7, 2015
Teaching Trial Advocacy in Africa: The Magic of Mombasa
As I write this, I am sitting in a room at the Royal Court Hotel in Mombasa, Kenya, unwinding from the 2015 Justice Advocacy Africa/Mombasa Law Society Trial Advocacy Training. It was a busy week, but a wonderful one. As always when I come to the end of a short, intensive trial advocacy course, I find myself experiencing a combination of physical exhaustion from the labors and revelry of the week, and mental rejuvenation from the chance to work with a group of gifted colleagues and students.
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| Students and faculty of the 2015 Trial Advocacy Training Course, jointly sponsored by Justice Advocacy Africa and the Mombasa Law Society. This picture was taken in the moot court room of the University of Nairobi School of Law, Mombasa campus. |
Sunday, March 27, 2011
Learning from the Best: how to become a better Advocacy Teacher
Dear friends:
The bells are ringing in Edinburgh this morning, calling the people to church. It is a crisp spring Sunday morning and I am writing to you from the offices of the Law Society of Scotland where I have been blessed to spend the last three days teaching with a phenomenal group of NITA instructors - American, Scottish, and Irish in the 2011 NITA Advanced Advocacy Skills Programme. We transition tomorrow to another program where will train the trainers and I wanted to take a moment to share some observations with you about a small revelation that I have had the last three days.
First things first, if you have not done NITA training in your quest to become a better advocacy teacher then get your self down to one post haste. There is immense value in their approach, but even more importantly, there is phenomenal value in the people that teach their programs. The quality of what they know, their willingness to share it, and the fellowship that comes from experiencing NITA training is a gift that each of us should give ourselves. I hope that you will do so - it is a tool that you absolutely should have in your bag of tricks for teaching lawyers and students.
I must share with you the great joy that I had in being allowed to teach with some true giants of NITA teachers - Professor Paula Casey from Arkansas, Micheal H. Ginsberg from Jones Day, Professor Michael Johnson from Mississippi, THE Ben Rubinowitz and the awesome Elizabeth J. Sher. To watch each of these folks teach is a masters class in how to do it. I spent a great deal of time taking notes, listening, and thinking about how I might become a better teacher from this opportunity.
The UK faculty include Frank Mulholland, QC and the Solicitor General of Scotland, Gillian More, Fiona Donnelly, Pino Di Emidio, Andrew Ireland, Mike Jones QC, Murray Macara QC, and Barra McGrory QC. Each of them taught me something new about how to teach, and why to teach it. It is so interesting to watch those from another country engage in our craft. Some things truly are universal and that gives me comfort, others are not, and that makes me laugh. those of you who know me understand just how much I like to do the latter.
As I taught with, and listened to, these masters of their craft I was struck with the realization that there is a central theme for what makes them so very good at what they do - they are connected to themselves in a very real and positive way. They know who they are, what they stand for, and how they operate. Sometimes this seems to be a conscious choice on their parts, at other times it looks like just an organic reflection of who they are. But what is across the board phenomenal is that each of them connects with students because they are connected to what makes them unique as individuals and advocates. They accept the human nature of what we teach and allow themselves, their true self, to come through in their teaching.
This vulnerability is really a strength, and it creates a great deal of acceptance and willingness to learn on the part of the participants. They see instructors that are personable, engaging, and most importantly - genuine.
I think that a willingness to be yourself, to expose your character to others, to be vulnerable in the moment as you teach guarantees acceptance of the message.
Imagine that, by making ourselves vulnerable we make ourselves stronger as teachers. Who would have thought it?
All the best,
Charlie
The bells are ringing in Edinburgh this morning, calling the people to church. It is a crisp spring Sunday morning and I am writing to you from the offices of the Law Society of Scotland where I have been blessed to spend the last three days teaching with a phenomenal group of NITA instructors - American, Scottish, and Irish in the 2011 NITA Advanced Advocacy Skills Programme. We transition tomorrow to another program where will train the trainers and I wanted to take a moment to share some observations with you about a small revelation that I have had the last three days.
First things first, if you have not done NITA training in your quest to become a better advocacy teacher then get your self down to one post haste. There is immense value in their approach, but even more importantly, there is phenomenal value in the people that teach their programs. The quality of what they know, their willingness to share it, and the fellowship that comes from experiencing NITA training is a gift that each of us should give ourselves. I hope that you will do so - it is a tool that you absolutely should have in your bag of tricks for teaching lawyers and students.
I must share with you the great joy that I had in being allowed to teach with some true giants of NITA teachers - Professor Paula Casey from Arkansas, Micheal H. Ginsberg from Jones Day, Professor Michael Johnson from Mississippi, THE Ben Rubinowitz and the awesome Elizabeth J. Sher. To watch each of these folks teach is a masters class in how to do it. I spent a great deal of time taking notes, listening, and thinking about how I might become a better teacher from this opportunity.
The UK faculty include Frank Mulholland, QC and the Solicitor General of Scotland, Gillian More, Fiona Donnelly, Pino Di Emidio, Andrew Ireland, Mike Jones QC, Murray Macara QC, and Barra McGrory QC. Each of them taught me something new about how to teach, and why to teach it. It is so interesting to watch those from another country engage in our craft. Some things truly are universal and that gives me comfort, others are not, and that makes me laugh. those of you who know me understand just how much I like to do the latter.
As I taught with, and listened to, these masters of their craft I was struck with the realization that there is a central theme for what makes them so very good at what they do - they are connected to themselves in a very real and positive way. They know who they are, what they stand for, and how they operate. Sometimes this seems to be a conscious choice on their parts, at other times it looks like just an organic reflection of who they are. But what is across the board phenomenal is that each of them connects with students because they are connected to what makes them unique as individuals and advocates. They accept the human nature of what we teach and allow themselves, their true self, to come through in their teaching.
This vulnerability is really a strength, and it creates a great deal of acceptance and willingness to learn on the part of the participants. They see instructors that are personable, engaging, and most importantly - genuine.
I think that a willingness to be yourself, to expose your character to others, to be vulnerable in the moment as you teach guarantees acceptance of the message.
Imagine that, by making ourselves vulnerable we make ourselves stronger as teachers. Who would have thought it?
All the best,
Charlie
Friday, January 28, 2011
Becoming an Adjunct Trial Advocacy Professor
This piece follows up on Charlie Rose's article on becoming a law professor, and Mark Caldwell's article on breaking into teaching ranks of NITA and other organizations. The third way to teach advocacy is to join the faculty of a law school as an adjunct professor. I'd like to add a few insights on how to break into that market. I recommend reading the articles from Charlie and Mark first, however, because I don't intend to repeat any of their very solid advice, and much of it is applicable to teaching as an adjunct.
Most law schools employ adjunct faculty to teach courses, both doctrinal courses and skills courses such as trial advocacy. The majority of adjunct faculty members practice law in the public or private sector or serve as judges. Students enjoy taking classes from adjunct professors, who bring a real-world perspective to the classroom and bridge the gap between theory and practice in a way that many full-time faculty members cannot or will not.
Teaching as an adjunct is a labor of love. I have never met anyone who became wealthy as an adjunct professor, nor have I met any law school adjunct professors who could make a living from their adjunct salaries. The small stipends that law schools pay adjuncts can never truly compensate them for their time. I sometimes think of how much income my civil trial practice professor, a partner at a major law firm, must have lost to teach our weekly class, which involved a two-hour round-trip drive and a two-hour class. Nonetheless, there is never a shortage of adjunct faculty candidates for open positions. I believe this is because many lawyers love what I call the great teaching tradition of the bar: the opportunity to impart knowledge to a rising generation and help mold the careers of lawyers-in-training.
In a trial advocacy context, few trial ad programs could function without adjuncts. Advocacy is labor-intensive. As we've learned from NITA's research over the years, the ideal class section for trial advocacy is about eight students, with twelve being the outer limit of what an instructor can handle and what will give students a fair opportunity to learn by doing, which is the key to mastering advocacy. Some programs have adjuncts teach a stand-alone advocacy class, and others, such as the one I teach, feature a lecture and lab format, in which a large number of students meet together for lectures and demonstrations, then break into smaller groups for practice and grading. No matter how these courses are organized, there is always a need for good adjunct professors—and lots of them.
So—how to break into this market? Let me offer a few tips. There are doubtless others, and if you have some, please add them to the comment page for this post.
1. Examine your motivation. If you love to teach, are good at it, and are willing to essentially give away your time for the intangible rewards that come from teaching, you're on the right track. If you're hoping to pad your resume, or use an adjunct position as a launching point for a career in academia, you might want to reconsider. Because of the nature of law school faculties and the hiring process (see Charlie's post), your chances of moving from adjunct to full-time professor are slim. It does happen, but it's rare. Ask yourself—would I do this for free and for no recognition other than the good work of my students? If you would, you're probably doing it for the right reasons.
2. Evaluate your skills. Not all good advocates know how to teach others to try a case. If you have no experience teaching advocacy, your candidacy might not be as attractive as someone who has taught advocacy in other forums, such as NITA courses, high school or college advocacy teams, and the like. This might be true even if you are a successful lawyer from a prestigious firm. Speaking from my own perspective, when evaluating adjuncts, I look for relevant teaching experience more than trial experience. Bars throughout the country are full of great trial lawyers who can tell great trial stories, but NITA proved long ago that a systematic approach to teaching trumps war stories in effectiveness.
3. Become a Volunteer. You can get volunteer teaching experience in a variety of ways. Advocacy programs at law schools always need people to serve as judges or evaluators. Trial competitions have a voracious appetite for volunteer judges and teachers. Your bar association might run programs or need CLE instructors on advocacy topics. If you are near a law school, get to know the director of the trial advocacy program and offer your support. Directors are grateful for the support, and they always get feedback from the students about volunteers who are particularly good. To echo something Mark Caldwell said in his article on teaching for NITA and similar organizations, when someone takes you up on your offer to volunteer, make every effort to be there. My own start in advocacy teaching came about 8 years ago when Charlie Rose had a conflict and could not make it to Jim Seckinger's week-long trial course at Notre Dame in which Charlie was an adjunct. He asked me to substitute for him, and Jim kept inviting me back. I never did become an actual adjunct at Notre Dame, but I did teach in the program for several years. The experience, the contacts, the advocacy teaching training I received—all were invaluable.
4. Get Certified. Several years ago, I took NITA's Teacher Training Program at Harvard. This course was one of the transformational moments in my professional life. Learning how to recognize teaching moments and help students improve in a systematic way changed the way I taught, and I have to say, it also changed me as a person. In fact, I took the course in between the first and second times I taught for Jim Seckinger, and Jim—who did not know I had taken the course—made several comments about the vast improvement in my teaching ability. I'm not trying to pat myself on the back here; instead, I'm trying to emphasize just how influential these training courses can be. NITA offers a course, Stetson offers a course, and I know there are other teaching courses out there. It's worth the time and money to take one.
5. Comply with University Search Requirements. I'd love to just pick up the phone and hire a good adjunct when I need one, but I work for a state university, and we have to comply with university search requirements and state law. I've experienced problems in the past with candidates not submitting materials that are required by the university as part of the hiring process. If you hear about a position, don't assume that your friendship with the dean or advocacy director will get you the job. Fill out the proper paperwork and turn it in on time.
6. Work and Play Well With Others. As I mentioned earlier in this post, schools use a variety of approaches to teaching advocacy. You might be a lone ranger, running your own program and class without guidance or assistance. You might run your own program within well-established school guidelines. You might be part of a unified advocacy faculty such as the one I have at SIU or that Tom Stewart has at Saint Louis University. If you are part of a larger program, and don't happen to be in charge of it, be a good citizen. Never disparage your fellow faculty members in the presence of students. If you disagree with a policy or teaching approach, bring it up in faculty meetings, not by open resistance to it in the classroom. Turn in grades on time and comply with administrative policies that are designed to keep the program running smoothly and comply with school rules and requirements.
7. Always Put the Students First. This is the key to advocacy teaching, no matter what the arena. The students come first: before your ego, your wit, your desire to tell one more war story, your moods or your exhaustion. If you put them first, they will notice, and you will have a lengthy and successful experience teaching young advocates.
Sunday, January 23, 2011
Becoming a Law Professor - Teaching Advocacy
Introduction
So you want to be a law professor. You have questions. I don’t know if I have answers, but I’d at least be happy to share my own experiences in the hope that you can learn from them. I am approaching ten years of full time teaching, three for the United States Army at the Judge Advocate General’s School and going on seven years for Stetson University College of Law. I am a tenured professor who holds the position of the Director of the Center for Excellence in Advocacy and the title of Professor of Excellence in Trial Advocacy. How did all that happen? Good question.
To quote my father, “Even a blind pig finds an acorn from time to time.” At the risk of exposing an even greater lack of complexity to my thought process than most of you already assume, I’m not completely sure myself. To make it even more difficult, how do you not only get to become a law professor but also get to teach practical law and skills that your students will actually use long after they graduate from law school and pass the bar? I often pass this question this off with a “just lucky I guess” comment, but truthfully luck did not have very much to do with it. A mentor of mine once told me that hard work + good luck = success. I believe that is true, but in the universe of law professors there is not enough luck in the world to avoid the hard work you must do. I thought it might be helpful to some of you if I were to go through how it happened for me.
By the way, my comments are directed to those of you who wish to become full time professors, in a future post Chris will be blogging about becoming an adjunct. Let me just say that it is impossible to run a law school without an excellent adjunct faculty and the ones that I work with are incredibly good. I was an adjunct once myself and I understand and appreciate the contributions they make.
Understanding Law Schools and their Faculty
The legal academy is an interesting place, filled with all of the levels of competition and complexity that you would expect to find when you have a group of extremely intelligent people who have always managed to rise to the top of any organization they have been a part of. There is also a great deal of preference; some would say bias, towards professors who are also graduates of an “elite” ivy school. This usually means Harvard and Yale, with a few others thrown into the mix, much like seasoning in soup. Do not despair if you are not a graduate of one of those schools, it just means that you need to be intelligent in the way you package yourself, through both training and work experience, to showcase your talents. The challenge for those of us not blessed to graduate from these institutions is often one of “getting in the door” and explaining how our practical experience has value in the academic world. Some excellent articles have been written on the general subject of becoming a law professor, the American Association of Law Schools has one that, although dated the last time I checked, is well worth reading. See www.aals.org.
Some of you may have heard that legal education is on the cusp of great change. Perhaps you serve on a committee in the ABA or have read some of the reports that push for more practical training at law schools. I agree that this may very well be the future of profession. It is certainly sure that we live in uncertain times and that the changes already experienced by major law firms and other elements of the profession may very well transform what it means to be a law professor. While that day may come, as of the day of this post it is not here yet in most law schools where you might attempt to teach. My personal opinion is that this change has been coming for some time, and I expect that the sea change in the practicing bar is now making its way to the hallowed ivory towers of academia – the question is how high the wave of change will reach and what will be left in the wake of it. For now I am focusing my comments on what I have experienced historically. I will leave for another day any predictions of how the future might look. If you are thinking about teaching law you are concerned with the here and now.
Like most law students I had thoughts of becoming a law professor in law school, but really did not begin to act on those thoughts until I was assigned as a law professor at the Judge Advocate General’s School in Charlottesville Virginia. There I learned that scholarship and an ability to display excellence in a niche area that law schools have interest in was the key to the kingdom – so to speak. I knew that my niches were criminal law, evidence, advocacy and professionalism. It is helpful if one of your niches is something that a traditional law professor does not normally develop. Skills courses; advocacy, legal writing, and experiential learning are the most likely candidates. Armed with this knowledge I started a five year plan to make myself as attractive as possible to hiring law schools (I know that those of you who are my personal friends are laughing at the idea of me making myself attractive, but there you have it).
Becoming an Effective Law Professor
There are three elements that you must master to be an effective law professor, teaching, service, and scholarship. Most highly ranked schools pay lip service to the first two and worship at the altar of the third. The schools that produce practicing lawyers are more concerned with all three, but even there you have to be able to write. To become a member of the academy you must find a way to establish your own bone fides in the area of scholarship, regardless of the relative ranking of the school at which you wish to work. The other two can be developed later, but you will never get that opportunity if you don’t show that you can and will produce acceptable law review scholarship. Faculties know that not everyone can write the type of articles that law schools value so this becomes the defacto tool used to separate the wheat from the chaff. I am not arguing that this is the best measure of a law professor’s quality, or even that it is an accurate measure, but it is the current standard and you must meet it. There are good reasons for this approach, but the discussion of why goes well beyond this post.
Your work experiences, the quality of your teaching and prior service to the profession will become plusses that you might use to convince a faculty to take you when you did not graduate from an elite law school or have not published sufficiently erudite scholarship, but they will not carry the day without the scholarship component. To paraphrase a great teacher of professionalism, “There is no try, only do.”
So what kind of academic scholarship is worthy of consideration by a law school? It is one thing, and one thing only – articles published in a law review. Not only must it be law review articles, but they must be placed in the highest ranked publication possible. Why? The answers to that question are complex and serve as the subject of many a law faculty barbeque, but for now you just must accept this fact and act on it. This doesn’t mean that you cannot write case files, casebooks, legal treatises or other practical publications. But if you want to be a law professor you must first carry the heavy load of writing law review articles. You actually need to carry that load for the entirety of your career, but you can do the other stuff once you have shown the other members of the academy that you can do what they value most. Think of it as establishing “street cred” with the decision makers who decide whether or not you will get the job. There are lots of places on the net where you can learn about writing law review articles. You might want to check out http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1577346 or http://lib.law.washington.edu/ref/lawrev.html. Both are good resources.
Putting your Best Foot Forward
In addition to developing your academic writing chops, you want to increase the quality of your niche appeal. I chose to do this by developing my advocacy teaching skills. I attended NITA’s “train the trainer” program, taught at the JAG school, and looked for opportunities to teach advocacy in a law school environment. I was presenting a speech about terrorism at Notre Dame Law school when Professor Jim Seckinger invited me to come back to teach in his intensive advocacy course. This meant taking a week of vacation (actually leave since I was still on active duty), providing my own transportation and housing, and working all day long for five days straight. I jumped at the opportunity and am forever grateful to Jim. It was literally the beginning of a great post Army career.
I learned a great deal working with Jim during the next two years, and I was able to put adjunct faculty, Notre Dame Law School, on my curriculum vitae. I also reconnected with civilian academia. My law school professors took the time to mentor me once they knew that I wanted to become a law professor, and much of what I am sharing with you first came from them. Professor Robert Blakey was particularly helpful. Between Bob and Jim I acquired knowledge and experience, now all I needed was a bit of luck. During this same time I was also writing, and more importantly, developing a long term research and writing agenda that I could discuss with any law school that was considering me as a candidate for a teaching position. Eventually I participated in the AALS hiring process. That is an entirely separate post. Finally I was offered, and accepted, a position at Stetson University College of Law as an assistant professor on a tenure track. My teaching package included professional responsibility, criminal procedure, evidence, and trial advocacy.
Lessons Learned
So what can those of you who are thinking of becoming a law professor who teaches advocacy take from my comments?
First: There is a reflective component to this profession that requires you to be able to express your thoughts in the preferred medium – law review articles. These articles are qualitatively different from other types of writing and you must learn to speak the language of the profession to be accepted as a potential member. Time that you might spend bemoaning this fact is time better spent writing the article you are complaining about.
Second: Where you went to law school matters, but it is not necessarily dispositive. You must acknowledge that certain schools, and certain faculties regardless of the school, are so enamored by the presence of an Ivy League law degree that they will not consider any other graduate. You cannot do anything about that, short of getting an L.L.M. from one of those schools. You should focus instead on the positives you might bring to the table – if you write well enough your origins can be overlooked.
Third: Dance with the one that brought you. You must have a certain degree of ability in a niche area that meets the law school’s needs. Key areas where practitioners excel include professionalism, advocacy, and upper level law school courses that require actual understanding of how the law is currently being applied. Once you identify that niche develop it. Write in that area, attend conferences or programs that will help you develop that specific skill and then approach your law school alma mater about chances to volunteer or teach as an adjunct. NITA is a great place to begin that process, we have a conference at Stetson I’ve mentioned in other posts that can also help.
The ability to influence a group of minds as they struggle with the depth and breadth of what it means to be a member of our profession is a blessed experience, I hope that this missive has helped you think about what might be required to achieve it.
All the best,
Charlie
Tuesday, December 28, 2010
Becoming an Advocacy Teacher
Another gem from Mark Caldwell, NITA's Director of Specialty Programs.
THOUGHTS ON BECOMING AN ADVOCACY TEACHER
People contact me on a regular basis volunteering to teach for NITA. Often times I give them the NITA party line, “It’s best to attend one of NITA’s Teacher Training Programs so you can appreciate our process of teaching.” Sometimes I talk with them about their experience in the courtroom and where they have previously taught. Depending on the particular needs of my programs and their experience I may offer them an opportunity to teach.
In honesty, it is difficult to break into advocacy teaching. Program Directors or school administrators tend to stick with people they know and who they are comfortable with at their programs. It is not so much a “club” as administrators not wanting to take risks. It is easy to invite people you know and like. Those who appreciate the system and who have been successful at previous programs are regularly invited to return.
The Catch Twenty-two of the process is there are fewer and fewer cases going to trial. Getting trial experience is becoming a real issue for younger lawyers. The economy has also had its impact on advocacy teaching. Registration numbers at programs are lower than in the past. Programs are being cancelled. Budgets are tightening so Program Directors must be highly selective in who they choose to teach - only the best get invited when a program is half the size of past years. Likewise, teaching opportunities are shrinking. Even with law schools attempting to shift to experiential learning there are simply a finite number of courses being taught.
Counter to these trends is the harsh reality that many of the “stalwarts” are getting older. In the not too far future NITA, and many other organizations, will find they have exhausted their supply of teachers as many gracefully go to retirement. Recognizing the “graying” of the organization NITA encourages its Program Directors to recruit new teachers. From my own perspective it is still difficult to take the risk of inviting someone who has never taught before.
Does this mean you should be discouraged and not even attempt to teach? No. There are opportunities to teach and if you want to become a teacher you should reach for your dreams. It just means you will need to work hard to achieve your goal. Here are my thoughts on what someone should do if they want to teach:
1. Become a student of advocacy. If you have not attended an experientially taught advocacy program you need to either attend (regardless of your experience) or ask if you can observe for a day. Advocacy teaching is not about experienced advocates pontificating about how they became successful. It is a very scientific process that works based on how people learn. You need to appreciate how programs work before you can be successful at teaching. The stock line about attending a Teacher Training program is more than lip service. Those who extend invitations to teach pay attention to such credentials - especially if they are accompanied by a recommendation from someone who taught at the program you attended.
2. Master the process of constructive critique. NITA employs a four part system in its teaching. Other successful programs use their own systems. There may be no one right way to teach but all of the systems I know use a process that A) Identifies the specific problem; B) Describes the problem with enough specificity that the student can not deny that she was performing in the way described; C) offers a genuine fix to the problem so that the student can change their behavior in the future; and D) provides a reason why the student should change her behavior.
Is this a lock-step approach? Of course not. The very best teachers I know vary from the process. The one connecting theme is they all follow it more than they deviate from it.
3. Dissect what you do, or someone you admire does, when experiencing success at trial. Great teachers are able to break down the component pieces of each skill utilized at trial. Not only do they know what works and does not work -- they can explain why this is the case. To be a successful teacher you must be able to clearly, and succinctly, tell someone how to perform and why it is important that they do it as described. Start your process immediately. Yes it takes some of the spontaneity out of your practice but it makes you a far better teacher than going on instinct alone.
4. Observe other teachers. Studying how others teach helps you develop your own skills. Even the greatest advocacy teachers borrow ideas from others. There should be no pride of authorship as you develop your own repertory of comments. Attribution is always appreciated but over the years I’ve come to find that many have laid claims to some of the best teaching comments, drills, demonstrations, etc. The bottom line is if something is effective in teaching another how to master a skill - make use of it.
5. Deliver your comments with a positive spin. I’ve seen two teachers deliver the same suggestion to participants at a program. One offered the diagnosis and solution as something the student had done wrong and the other suggested the same fix as a way of helping a solid performance become a stellar performance. The delivery with a smile was met with appreciation while the other was viewed as hyper critical. Creating the atmosphere that I’m here to help you improve versus I’m here to teach you how to do it right is significant.
6. Learn to offer comments efficiently. Time is always a factor when teaching. As much as we like to believe it is our comments that turn students into great advocates, the reality is performances are what help students improve. Certainly teacher comments give direction and help students make a determination of how best to perform but it is repetition that actually leads to mastery. Keep in mind the cardinal rule that one or two points are all a student can recall and integrate. Your comments should be efficient and to the point. The more time you spend talking the less time your students perform. Don’t steal their time.
7. Develop effective demonstrations. The best demonstrations do not overpower students. Your goal should never be to have students say, “Wow, I could never do that!” Instead, following your demonstration students should say, “Wow, so that’s how you do it. I think I can do it too.” Your demonstrations should illustrate the component parts of each skill. Offering too much in a demonstration is like offering nothing. If students can’t recall how to do something the time is wasted.
8. Play well with others. Team teaching can either take everyone to new heights as instructors play off each other, or suck the very life out of a room as teachers compete to show students their intelligence. Cooperative teaching lets both instructors star and ensures that students get the most from their performances. Learn to communicate both in the teaching room and outside. Nothing frustrates students more than instructors who appear disorganized and not ready to teach. Make sure you share coaching responsibilities. Remember that teaching is not about the teacher but the students.
9. Let people know you want to teach on a regular basis. Squeaky wheels get attention and so do people who make it known that they want to teach. This is not to suggest that you pester Program Directors, Academic Deans, or colleagues who teach. Do let people know you want to teach. Check calendars and make your offer timed to when invitations are being extended. You are more likely to get your opportunity if you time your contact to about two to three months in advance.
10. Do not say no. When your first opportunity presents itself you had best say yes. Your acceptance speaks volumes about your interest while your declining suggests perhaps you are not as committed as you indicated. If you have a great reason to say no then make sure you clearly explain why you are not available. Ask if you can substitute at a time when you are not otherwise engaged. If you are lucky you may get a second invitation. I never ask someone to teach more than twice.
Do not think you will always get invited to the big show as a first opportunity. Program Directors often give people an opportunity at programs where expectations are lower. It may be the subject matter is not your favorite or slightly outside your comfort zone. Say yes and work hard to succeed. Many professional athletes and actors toil in the minor leagues before they get the chance at the highest level. You should do the same.
Teaching, like being a student, is a lifetime occupation. The best teachers I know are always looking for new material, considering how to more effectively communicate an idea, refining their presentations, and talking with others about the process. I can think of no greater reward than helping someone improve their skills. Each time I teach I mentally thank those who helped me learn both the skills of advocacy and the craft of teaching. Each time I teach I leave the course with a feeling of accomplishment and my emotional and intellectual batteries recharged. I highly commend the process and encourage those who are interested to take the steps necessary to be become effective in the classroom.
THOUGHTS ON BECOMING AN ADVOCACY TEACHER
People contact me on a regular basis volunteering to teach for NITA. Often times I give them the NITA party line, “It’s best to attend one of NITA’s Teacher Training Programs so you can appreciate our process of teaching.” Sometimes I talk with them about their experience in the courtroom and where they have previously taught. Depending on the particular needs of my programs and their experience I may offer them an opportunity to teach.
In honesty, it is difficult to break into advocacy teaching. Program Directors or school administrators tend to stick with people they know and who they are comfortable with at their programs. It is not so much a “club” as administrators not wanting to take risks. It is easy to invite people you know and like. Those who appreciate the system and who have been successful at previous programs are regularly invited to return.
The Catch Twenty-two of the process is there are fewer and fewer cases going to trial. Getting trial experience is becoming a real issue for younger lawyers. The economy has also had its impact on advocacy teaching. Registration numbers at programs are lower than in the past. Programs are being cancelled. Budgets are tightening so Program Directors must be highly selective in who they choose to teach - only the best get invited when a program is half the size of past years. Likewise, teaching opportunities are shrinking. Even with law schools attempting to shift to experiential learning there are simply a finite number of courses being taught.
Counter to these trends is the harsh reality that many of the “stalwarts” are getting older. In the not too far future NITA, and many other organizations, will find they have exhausted their supply of teachers as many gracefully go to retirement. Recognizing the “graying” of the organization NITA encourages its Program Directors to recruit new teachers. From my own perspective it is still difficult to take the risk of inviting someone who has never taught before.
Does this mean you should be discouraged and not even attempt to teach? No. There are opportunities to teach and if you want to become a teacher you should reach for your dreams. It just means you will need to work hard to achieve your goal. Here are my thoughts on what someone should do if they want to teach:
1. Become a student of advocacy. If you have not attended an experientially taught advocacy program you need to either attend (regardless of your experience) or ask if you can observe for a day. Advocacy teaching is not about experienced advocates pontificating about how they became successful. It is a very scientific process that works based on how people learn. You need to appreciate how programs work before you can be successful at teaching. The stock line about attending a Teacher Training program is more than lip service. Those who extend invitations to teach pay attention to such credentials - especially if they are accompanied by a recommendation from someone who taught at the program you attended.
2. Master the process of constructive critique. NITA employs a four part system in its teaching. Other successful programs use their own systems. There may be no one right way to teach but all of the systems I know use a process that A) Identifies the specific problem; B) Describes the problem with enough specificity that the student can not deny that she was performing in the way described; C) offers a genuine fix to the problem so that the student can change their behavior in the future; and D) provides a reason why the student should change her behavior.
Is this a lock-step approach? Of course not. The very best teachers I know vary from the process. The one connecting theme is they all follow it more than they deviate from it.
3. Dissect what you do, or someone you admire does, when experiencing success at trial. Great teachers are able to break down the component pieces of each skill utilized at trial. Not only do they know what works and does not work -- they can explain why this is the case. To be a successful teacher you must be able to clearly, and succinctly, tell someone how to perform and why it is important that they do it as described. Start your process immediately. Yes it takes some of the spontaneity out of your practice but it makes you a far better teacher than going on instinct alone.
4. Observe other teachers. Studying how others teach helps you develop your own skills. Even the greatest advocacy teachers borrow ideas from others. There should be no pride of authorship as you develop your own repertory of comments. Attribution is always appreciated but over the years I’ve come to find that many have laid claims to some of the best teaching comments, drills, demonstrations, etc. The bottom line is if something is effective in teaching another how to master a skill - make use of it.
5. Deliver your comments with a positive spin. I’ve seen two teachers deliver the same suggestion to participants at a program. One offered the diagnosis and solution as something the student had done wrong and the other suggested the same fix as a way of helping a solid performance become a stellar performance. The delivery with a smile was met with appreciation while the other was viewed as hyper critical. Creating the atmosphere that I’m here to help you improve versus I’m here to teach you how to do it right is significant.
6. Learn to offer comments efficiently. Time is always a factor when teaching. As much as we like to believe it is our comments that turn students into great advocates, the reality is performances are what help students improve. Certainly teacher comments give direction and help students make a determination of how best to perform but it is repetition that actually leads to mastery. Keep in mind the cardinal rule that one or two points are all a student can recall and integrate. Your comments should be efficient and to the point. The more time you spend talking the less time your students perform. Don’t steal their time.
7. Develop effective demonstrations. The best demonstrations do not overpower students. Your goal should never be to have students say, “Wow, I could never do that!” Instead, following your demonstration students should say, “Wow, so that’s how you do it. I think I can do it too.” Your demonstrations should illustrate the component parts of each skill. Offering too much in a demonstration is like offering nothing. If students can’t recall how to do something the time is wasted.
8. Play well with others. Team teaching can either take everyone to new heights as instructors play off each other, or suck the very life out of a room as teachers compete to show students their intelligence. Cooperative teaching lets both instructors star and ensures that students get the most from their performances. Learn to communicate both in the teaching room and outside. Nothing frustrates students more than instructors who appear disorganized and not ready to teach. Make sure you share coaching responsibilities. Remember that teaching is not about the teacher but the students.
9. Let people know you want to teach on a regular basis. Squeaky wheels get attention and so do people who make it known that they want to teach. This is not to suggest that you pester Program Directors, Academic Deans, or colleagues who teach. Do let people know you want to teach. Check calendars and make your offer timed to when invitations are being extended. You are more likely to get your opportunity if you time your contact to about two to three months in advance.
10. Do not say no. When your first opportunity presents itself you had best say yes. Your acceptance speaks volumes about your interest while your declining suggests perhaps you are not as committed as you indicated. If you have a great reason to say no then make sure you clearly explain why you are not available. Ask if you can substitute at a time when you are not otherwise engaged. If you are lucky you may get a second invitation. I never ask someone to teach more than twice.
Do not think you will always get invited to the big show as a first opportunity. Program Directors often give people an opportunity at programs where expectations are lower. It may be the subject matter is not your favorite or slightly outside your comfort zone. Say yes and work hard to succeed. Many professional athletes and actors toil in the minor leagues before they get the chance at the highest level. You should do the same.
Teaching, like being a student, is a lifetime occupation. The best teachers I know are always looking for new material, considering how to more effectively communicate an idea, refining their presentations, and talking with others about the process. I can think of no greater reward than helping someone improve their skills. Each time I teach I mentally thank those who helped me learn both the skills of advocacy and the craft of teaching. Each time I teach I leave the course with a feeling of accomplishment and my emotional and intellectual batteries recharged. I highly commend the process and encourage those who are interested to take the steps necessary to be become effective in the classroom.
Thursday, September 9, 2010
A Teaching Team - Selecting and Maintaining
Contributed by Mark Caldwell of NITA.
A number of colleagues have asked me how I go about assembling a teaching team and then keep them happily engaged in teaching during programs/semesters. Mrs. Caldwell, my mother - not my wife, taught me very early some simple rules that apply to life - and work well when serving as a Program Director. They are:
1. Be polite;
2. Say thank you (often);
3. Offer to help;
4. Show you are gracious and understanding.
Let me explain how I employ these basic rules.
Be polite
Being polite takes many forms. It begins when you initially design the program. You want to invite people who are best fitted to match the content of the program. For example, except in a few states (like Florida), you probably do not want to invite lawyers who focus on criminal defense to teach at a deposition program. If you are teaching a program for legal services lawyers, you want to invite lawyers who have some experience working in public service. Lawyers who have only worked in large private firms may not appreciate the limited budgets and resources of public service organizations. Recommendations to make use of digital animations do not always play well to lawyers who can’t afford paper charts. Likewise, specialty areas of advocacy - such as bankruptcy or tax controversies - may have different procedural rules and customs. In these cases you want to make sure you staff your course with those who know these distinctions.
You are polite when you take the time to invite people to participate early. Waiting until a few weeks before a course begins often conflicts with professional and personal commitments. Someone either really wants to teach or owes you a favor if you place them in this uncomfortable position. Besides, this type of delay only increases the likelihood you will have heartburn as well. Start as early as possible when inviting people to teach. When you are first on someone’s calendar, it makes it far more difficult for them to ask to be excused.
When you tell someone why you want them to be part of your teaching team you show your manners and appreciation. When I invite someone to teach for the first time, I let them know why I want them to be part of the process. Some call this flattery - I call it honesty. Yes, the invitation may appeal to their ego but it usually helps you secure a well-rounded team. NITA and I work hard to be color blind. The reality is you need to reach out to all types of people to create a successful team - you really aren’t blind at all. Balance; politically, by client representation, by gender and race, etc. sends an important message to students. You show your manners when you are inclusive - not exclusive. Inviting just your friends may be fun for you and your teachers but it does not always send the best message to students.
Say thank you!
It is perfunctory to send thank you letters at the conclusion of a course. Take the time to craft an original letter (even if it is word processor generated to each instructor). Your letter should let your colleagues know how they helped the program to be successful. It should point out the high points of the course. It should also ask for their suggestions on how you can do things better in the future. If you receive suggestions and ideas - acknowledge them and take the suggestions seriously. Finally, sign the letters yourself and include a personal hand written note to truly personalize your letter.
Let people know during the course that you appreciate them. Many of these people volunteer their time and expertise. People take vacation time to teach. Solo practitioners give up real money when they teach. Recognize this donation. In a private moment let an instructor know you appreciate what they are doing and that you are glad they are at your program. In a public moment recognize them in a special way in front of students and their colleagues. Give as many instructors as possible a moment when they can shine in front of the assembled masses.
If your budget permits it, a small token of appreciation is always welcome. If you can, make it something that only instructors receive - even a coffee mug can say Program Instructor. Unless you believe instructors are assembling a service of eight, change the gift each year or with each program. If you can, splurge on something they will proudly display. Until you reach my age, a brag wall is important.
Whenever you can, direct the students to express their appreciation publicly. I was never so flattered and honored as when a tribal advocate sang an “honor song” for the teaching team. Group photographs, standing ovations are better than coin of the realm.
Feed your teachers - often. Collegiality is an important part of programs. People often teach because they get to see and play with friends. Breaking bread is one of those times when people can relax and enjoy each other’s company. It doesn’t always have to be the swankiest restaurant in town. Sometimes a hamburger is sufficient - especially if the conversation is good. Instead of asking teachers to submit their receipts for reimbursement, pay the tab yourself - it all comes from the same budget.
Offer to help
New instructors want to succeed. For many they must master the process of teaching in addition to the specifics of the course. Help them! Offer a teaching clinic for first time instructors where you explain the teaching model and allow them to practice. Answer their questions and invite more. Let them know you will provide assistance in the form of partnering them with an experience instructor or you will sit with them for their initial workshop. Offer constructive critiques (in a private place) to help them improve. Give them articles, teaching guides, cheat sheets, or whatever else you can that will give them a higher level of comfort.
Those who teach for us are busy people. You want them to be successful as teachers. They want to be successful. Giving them the tools needed to be successful is always appreciated. What kinds of tools are helpful. Get instructors the program materials, schedule, and administrative information as early as you can - a week in advance in not early. If you are using a new edition of a case file or text let them know what has changed - so they are not embarrassed in class.
Craft a schedule that explains the goals of each segment. Something that simply says, “Conduct a cross examination of Jennifer Jones” when you really want to focus on more specific points is not how you help instructors.
Teaching notes and faculty meetings where you explain goals, give pointers on teaching, allow discussion and questions, and raise issues about student problems are appreciated. Some instructors may not take the time but even they appreciate your effort. You may be surprised when you learn your most experienced teachers are the ones who pay the most attention to your guidance.
If an instructor participates in a lecture or demonstration, offer to share materials from past programs. Seeing what others have done in the past is a very comforting gesture. They may simply copy what you give them or use your model as a springboard to their own unique interpretation. Few people like to start from scratch if there is an example available.
If something comes up during the course that requires them to be out of class, offer to substitute for them. If you can’t substitute, rearrange the teaching schedule so an experienced teacher goes solo and less experienced people are still partnered.
Teach people how to use any technology that is part of the class. Budgets often no longer allow for paid video operators. Offer a session that shows (experientially) how to run cameras, playback equipment, digital projectors and document cameras. If you have written directions - share them!
When an instructor will be conducting a lecture/demonstration, set things for them so when they enter the classroom their focus is on their presentation. Reload slide shows, set the room for the demonstration, provide microphones and paper charts/white boards. Offer to be their witness or ask questions in that uncomfortable time after they ask, “Are there any questions.” Make sure you are the first to applaud at the end and then thank them.
People forget things. Have an unending supply of writing paper, pens, extra materials, and name tags. If necessary, go get these materials for the instructor and bring it to them.
Help them with paperwork. You or a member of your staff should be there to explain how to complete forms, provide extra forms (for MCLE, reimbursement, etc.). Provide reasons why they need receipts, or must complete a specific form. These people do not have their trusted right arm with them to take care of details - help them.
Show you are gracious and understanding
You need to be the calmest, most unflappable, most easy going person at your program. By never letting people see you sweat you create an environment that makes teaching fun.
Remember - shit happens! People need to cancel at the last moment for emergencies, client crisis, judge’s orders, even illness. When this happens be gracious, concerned, and understanding. Your colleagues do not do this on purpose. Even if it makes your life difficult, you must not employ the guilt trip, roll your eyes, sigh deeply, or cry. If it is an illness or personal emergency follow up to let your colleague know you are concerned with more than filling the teaching slots.
Mistakes, personality conflicts, student push back, and even disagreements do happen at programs. Show forgiveness, offer suggestions, change rotation schedules, and mentor. Many instructors may be giants in the courtroom but novices in the classroom. Bring your experience to bear and help them get past new classroom experiences.
Sometimes demonstrations fall flat. Unintended insults infuriate participants (and even colleagues). Teaching points are not made. When such a crisis occurs resolve it with grace. You may privately need to scold someone and negotiate a fix or a departure but do so in a way that does not burn bridges. We have all made similar mistakes in our teaching careers. Showing understanding goes a long way in helping someone become a better teacher.
Final thoughts
My last piece of counsel is that if someone does not play well with others do not invite them to return. While problems may occur, do your best to mitigate them. Use others you trust to help buffer the problem. Finally, recognize that you cannot be everywhere at once. Trust your judgement in who you invited to teach. Remember your manners!
A number of colleagues have asked me how I go about assembling a teaching team and then keep them happily engaged in teaching during programs/semesters. Mrs. Caldwell, my mother - not my wife, taught me very early some simple rules that apply to life - and work well when serving as a Program Director. They are:
1. Be polite;
2. Say thank you (often);
3. Offer to help;
4. Show you are gracious and understanding.
Let me explain how I employ these basic rules.
Be polite
Being polite takes many forms. It begins when you initially design the program. You want to invite people who are best fitted to match the content of the program. For example, except in a few states (like Florida), you probably do not want to invite lawyers who focus on criminal defense to teach at a deposition program. If you are teaching a program for legal services lawyers, you want to invite lawyers who have some experience working in public service. Lawyers who have only worked in large private firms may not appreciate the limited budgets and resources of public service organizations. Recommendations to make use of digital animations do not always play well to lawyers who can’t afford paper charts. Likewise, specialty areas of advocacy - such as bankruptcy or tax controversies - may have different procedural rules and customs. In these cases you want to make sure you staff your course with those who know these distinctions.
You are polite when you take the time to invite people to participate early. Waiting until a few weeks before a course begins often conflicts with professional and personal commitments. Someone either really wants to teach or owes you a favor if you place them in this uncomfortable position. Besides, this type of delay only increases the likelihood you will have heartburn as well. Start as early as possible when inviting people to teach. When you are first on someone’s calendar, it makes it far more difficult for them to ask to be excused.
When you tell someone why you want them to be part of your teaching team you show your manners and appreciation. When I invite someone to teach for the first time, I let them know why I want them to be part of the process. Some call this flattery - I call it honesty. Yes, the invitation may appeal to their ego but it usually helps you secure a well-rounded team. NITA and I work hard to be color blind. The reality is you need to reach out to all types of people to create a successful team - you really aren’t blind at all. Balance; politically, by client representation, by gender and race, etc. sends an important message to students. You show your manners when you are inclusive - not exclusive. Inviting just your friends may be fun for you and your teachers but it does not always send the best message to students.
Say thank you!
It is perfunctory to send thank you letters at the conclusion of a course. Take the time to craft an original letter (even if it is word processor generated to each instructor). Your letter should let your colleagues know how they helped the program to be successful. It should point out the high points of the course. It should also ask for their suggestions on how you can do things better in the future. If you receive suggestions and ideas - acknowledge them and take the suggestions seriously. Finally, sign the letters yourself and include a personal hand written note to truly personalize your letter.
Let people know during the course that you appreciate them. Many of these people volunteer their time and expertise. People take vacation time to teach. Solo practitioners give up real money when they teach. Recognize this donation. In a private moment let an instructor know you appreciate what they are doing and that you are glad they are at your program. In a public moment recognize them in a special way in front of students and their colleagues. Give as many instructors as possible a moment when they can shine in front of the assembled masses.
If your budget permits it, a small token of appreciation is always welcome. If you can, make it something that only instructors receive - even a coffee mug can say Program Instructor. Unless you believe instructors are assembling a service of eight, change the gift each year or with each program. If you can, splurge on something they will proudly display. Until you reach my age, a brag wall is important.
Whenever you can, direct the students to express their appreciation publicly. I was never so flattered and honored as when a tribal advocate sang an “honor song” for the teaching team. Group photographs, standing ovations are better than coin of the realm.
Feed your teachers - often. Collegiality is an important part of programs. People often teach because they get to see and play with friends. Breaking bread is one of those times when people can relax and enjoy each other’s company. It doesn’t always have to be the swankiest restaurant in town. Sometimes a hamburger is sufficient - especially if the conversation is good. Instead of asking teachers to submit their receipts for reimbursement, pay the tab yourself - it all comes from the same budget.
Offer to help
New instructors want to succeed. For many they must master the process of teaching in addition to the specifics of the course. Help them! Offer a teaching clinic for first time instructors where you explain the teaching model and allow them to practice. Answer their questions and invite more. Let them know you will provide assistance in the form of partnering them with an experience instructor or you will sit with them for their initial workshop. Offer constructive critiques (in a private place) to help them improve. Give them articles, teaching guides, cheat sheets, or whatever else you can that will give them a higher level of comfort.
Those who teach for us are busy people. You want them to be successful as teachers. They want to be successful. Giving them the tools needed to be successful is always appreciated. What kinds of tools are helpful. Get instructors the program materials, schedule, and administrative information as early as you can - a week in advance in not early. If you are using a new edition of a case file or text let them know what has changed - so they are not embarrassed in class.
Craft a schedule that explains the goals of each segment. Something that simply says, “Conduct a cross examination of Jennifer Jones” when you really want to focus on more specific points is not how you help instructors.
Teaching notes and faculty meetings where you explain goals, give pointers on teaching, allow discussion and questions, and raise issues about student problems are appreciated. Some instructors may not take the time but even they appreciate your effort. You may be surprised when you learn your most experienced teachers are the ones who pay the most attention to your guidance.
If an instructor participates in a lecture or demonstration, offer to share materials from past programs. Seeing what others have done in the past is a very comforting gesture. They may simply copy what you give them or use your model as a springboard to their own unique interpretation. Few people like to start from scratch if there is an example available.
If something comes up during the course that requires them to be out of class, offer to substitute for them. If you can’t substitute, rearrange the teaching schedule so an experienced teacher goes solo and less experienced people are still partnered.
Teach people how to use any technology that is part of the class. Budgets often no longer allow for paid video operators. Offer a session that shows (experientially) how to run cameras, playback equipment, digital projectors and document cameras. If you have written directions - share them!
When an instructor will be conducting a lecture/demonstration, set things for them so when they enter the classroom their focus is on their presentation. Reload slide shows, set the room for the demonstration, provide microphones and paper charts/white boards. Offer to be their witness or ask questions in that uncomfortable time after they ask, “Are there any questions.” Make sure you are the first to applaud at the end and then thank them.
People forget things. Have an unending supply of writing paper, pens, extra materials, and name tags. If necessary, go get these materials for the instructor and bring it to them.
Help them with paperwork. You or a member of your staff should be there to explain how to complete forms, provide extra forms (for MCLE, reimbursement, etc.). Provide reasons why they need receipts, or must complete a specific form. These people do not have their trusted right arm with them to take care of details - help them.
Show you are gracious and understanding
You need to be the calmest, most unflappable, most easy going person at your program. By never letting people see you sweat you create an environment that makes teaching fun.
Remember - shit happens! People need to cancel at the last moment for emergencies, client crisis, judge’s orders, even illness. When this happens be gracious, concerned, and understanding. Your colleagues do not do this on purpose. Even if it makes your life difficult, you must not employ the guilt trip, roll your eyes, sigh deeply, or cry. If it is an illness or personal emergency follow up to let your colleague know you are concerned with more than filling the teaching slots.
Mistakes, personality conflicts, student push back, and even disagreements do happen at programs. Show forgiveness, offer suggestions, change rotation schedules, and mentor. Many instructors may be giants in the courtroom but novices in the classroom. Bring your experience to bear and help them get past new classroom experiences.
Sometimes demonstrations fall flat. Unintended insults infuriate participants (and even colleagues). Teaching points are not made. When such a crisis occurs resolve it with grace. You may privately need to scold someone and negotiate a fix or a departure but do so in a way that does not burn bridges. We have all made similar mistakes in our teaching careers. Showing understanding goes a long way in helping someone become a better teacher.
Final thoughts
My last piece of counsel is that if someone does not play well with others do not invite them to return. While problems may occur, do your best to mitigate them. Use others you trust to help buffer the problem. Finally, recognize that you cannot be everywhere at once. Trust your judgement in who you invited to teach. Remember your manners!
Thursday, August 12, 2010
Great Advocacy Teachers: what we are looking for.
Mark Caldwell, NITA's Director of Specialty Programs, has kindly agreed to a multi-part guest-blog on selecting and managing faculty for advocacy courses.
I have been asked to share my thoughts on recruiting, grooming, and maintaining program teaching teams. Every NITA Program Director has their own thoughts on how to best staff and run their program. I do not speak for NITA in my comments but share what has been successful for me in my thirty plus years of leading programs. Commenting on all aspects of creating and leading a faculty team would make for a piece that is far too long for one single bite. Let me break my thoughts into three separate topics. I’ll begin with my thoughts on what makes a good learning-by-doing instructor - someone I would actively recruit to a teaching team.
It’s pretty obvious that knowledge of the subject is the foundation of good teaching. However, in today’s world of trial it is not as easy to find new instructors with large amounts of trial experience. Cases settle or the senior lawyers prefer to work the cases that actually go forward. For most civil practitioners there are relatively few opportunities to get trial experience. The conundrum for those recruiting trial teachers is finding the next generation of advocacy teachers. How can you find younger trial lawyers with sufficient experience to meet the credibility threshold?
In that same vein, those with substantial trial experience are not always good teachers. Just because someone is successful at persuading juries and judges does not make them an equally successful teacher. How can you tell if a good trial lawyer will make a good teacher?
Here are a few characteristics I look for in recruiting new instructors:
1. You have to be a student of advocacy to teach advocacy. The best teachers are those who self reflect on what they do to be successful, break their actions into component pieces, and then accurately describe what they do so others understand. In addition, they study others - both those who teach and the students/participants - to absorb successful techniques, turns of phrases, and engaging case stories. There are few truly new ideas in advocacy teaching. The best teachers I know take ideas from others and make them part of their own skill set. Applying the successful ideas of others to impart knowledge is not a sin - as long as you give attribution.
2. Focus always needs to be student centered. Great teachers recognize why everyone is in the classroom - to help the students improve and not pontificate. War stories, personal opinions on case theories, and long winded comments or answers to questions do not help people improve their skills. Ego and personal self aggrandizement do not belong in a successful classroom. The best teachers acknowledge that performance, not comments, is what helps people improve.
3. Knowing when to break the rules as well as when to follow them is a characteristic of an excellent teacher. Lock step adherence to the four part model used in many systems is not the sign of a great teacher. There are times when a coaching model is more appropriate and effective. When following the four part model the best teachers are consistent in their delivery. Failing to include examples or providing a reason for changing behavior as part of comments for improvement leaves students/participants without a complete picture. Good teachers adapt to fit the situation, using techniques that fit the specific situation.
4. The best teachers know that less is more. Limiting comments to one learning point per performance helps students digest and retain ideas compared to being inundated by multiple suggestions. Effective teachers recognize you can cover the same amount of material offering a different point to each student instead of repeating concepts multiple times. In the same vein, good teachers understand that making use of small goals with more repetition increases the chances of retention and success.
5. A sense of time is essential. Every student needs to perform - at least once if not two or three times in each workshop. Managing the clock so there is equity in performance time lets every student know he or she is important. Limiting the time the instructor speaks instead of the students is equally essential. Starting and ending on time sends important messages about professionalism and the value of other portions of the program. Stealing time from breaks and demonstrations is unfair to both students and teaching colleagues. Being late for faculty meetings or the start of class sessions devalues both. Failing to end on time at the end of the day or class session is not just impolite but adds inappropriate emotional and, sometimes, economic penalties to students.
6. Seeing the big picture as well as the immediate goals of each workshop helps successful teachers. By making connections between skills and connecting them for students a teacher helps budding trial lawyers appreciate the process at a far deeper level. For example, showing how you argue facts in closing argument ties into witness examination. Information gather in discovery may not generate the right information if a student fails to appreciate how the information will be used at trial. If you teach each in a vacuum participants fail to appreciate the most effective ways to structure a trial and lay out their case story. By teaching in building blocks the best teachers prepare students to work cases most efficiently.
7. Effective teachers are team players. They attend the presentations of their colleagues on the teaching team and then refer to those presentations in performance groups and their own presentations. They get on board with program schedules and teaching models so there is consistency in programs. There is always room for debate before a program but during a program the best teachers are not rugged individualists.
The list could go on but as I think about the very best teachers I know - the ones that I always want to teach at my programs - these are the Seven Traits of Highly Effective Teachers.
I have been asked to share my thoughts on recruiting, grooming, and maintaining program teaching teams. Every NITA Program Director has their own thoughts on how to best staff and run their program. I do not speak for NITA in my comments but share what has been successful for me in my thirty plus years of leading programs. Commenting on all aspects of creating and leading a faculty team would make for a piece that is far too long for one single bite. Let me break my thoughts into three separate topics. I’ll begin with my thoughts on what makes a good learning-by-doing instructor - someone I would actively recruit to a teaching team.
It’s pretty obvious that knowledge of the subject is the foundation of good teaching. However, in today’s world of trial it is not as easy to find new instructors with large amounts of trial experience. Cases settle or the senior lawyers prefer to work the cases that actually go forward. For most civil practitioners there are relatively few opportunities to get trial experience. The conundrum for those recruiting trial teachers is finding the next generation of advocacy teachers. How can you find younger trial lawyers with sufficient experience to meet the credibility threshold?
In that same vein, those with substantial trial experience are not always good teachers. Just because someone is successful at persuading juries and judges does not make them an equally successful teacher. How can you tell if a good trial lawyer will make a good teacher?
Here are a few characteristics I look for in recruiting new instructors:
1. You have to be a student of advocacy to teach advocacy. The best teachers are those who self reflect on what they do to be successful, break their actions into component pieces, and then accurately describe what they do so others understand. In addition, they study others - both those who teach and the students/participants - to absorb successful techniques, turns of phrases, and engaging case stories. There are few truly new ideas in advocacy teaching. The best teachers I know take ideas from others and make them part of their own skill set. Applying the successful ideas of others to impart knowledge is not a sin - as long as you give attribution.
2. Focus always needs to be student centered. Great teachers recognize why everyone is in the classroom - to help the students improve and not pontificate. War stories, personal opinions on case theories, and long winded comments or answers to questions do not help people improve their skills. Ego and personal self aggrandizement do not belong in a successful classroom. The best teachers acknowledge that performance, not comments, is what helps people improve.
3. Knowing when to break the rules as well as when to follow them is a characteristic of an excellent teacher. Lock step adherence to the four part model used in many systems is not the sign of a great teacher. There are times when a coaching model is more appropriate and effective. When following the four part model the best teachers are consistent in their delivery. Failing to include examples or providing a reason for changing behavior as part of comments for improvement leaves students/participants without a complete picture. Good teachers adapt to fit the situation, using techniques that fit the specific situation.
4. The best teachers know that less is more. Limiting comments to one learning point per performance helps students digest and retain ideas compared to being inundated by multiple suggestions. Effective teachers recognize you can cover the same amount of material offering a different point to each student instead of repeating concepts multiple times. In the same vein, good teachers understand that making use of small goals with more repetition increases the chances of retention and success.
5. A sense of time is essential. Every student needs to perform - at least once if not two or three times in each workshop. Managing the clock so there is equity in performance time lets every student know he or she is important. Limiting the time the instructor speaks instead of the students is equally essential. Starting and ending on time sends important messages about professionalism and the value of other portions of the program. Stealing time from breaks and demonstrations is unfair to both students and teaching colleagues. Being late for faculty meetings or the start of class sessions devalues both. Failing to end on time at the end of the day or class session is not just impolite but adds inappropriate emotional and, sometimes, economic penalties to students.
6. Seeing the big picture as well as the immediate goals of each workshop helps successful teachers. By making connections between skills and connecting them for students a teacher helps budding trial lawyers appreciate the process at a far deeper level. For example, showing how you argue facts in closing argument ties into witness examination. Information gather in discovery may not generate the right information if a student fails to appreciate how the information will be used at trial. If you teach each in a vacuum participants fail to appreciate the most effective ways to structure a trial and lay out their case story. By teaching in building blocks the best teachers prepare students to work cases most efficiently.
7. Effective teachers are team players. They attend the presentations of their colleagues on the teaching team and then refer to those presentations in performance groups and their own presentations. They get on board with program schedules and teaching models so there is consistency in programs. There is always room for debate before a program but during a program the best teachers are not rugged individualists.
The list could go on but as I think about the very best teachers I know - the ones that I always want to teach at my programs - these are the Seven Traits of Highly Effective Teachers.
Wednesday, July 28, 2010
Synergy, Energy & Creativity: A Dispatch from NITA City
This week is the Program for Legal Services Attorneys at NITA headquarters in Louisville, Colorado. Sixty-eight public service attorneys from across the country are enrolled in the course. Throughout the week, a total of about 30 faculty members, assembled by the inimitable Mark Caldwell, will help teach these students. The NITA Foundation provides full scholarships for all students, and all of the faculty donate their time to this program.
The program is no walk in the park for participants or faculty. Everyone is participating in lectures, demonstrations, performances and critiques from about 8 am to 5:30 pm every day. As anyone who has ever observed and critiqued an advocacy class knows, it can be grueling to pay close attention to every word and gesture, come up with critique points, and make recommendations for improvement.
And yet all of the faculty will leave this course rejuvenated. This is because Mark tends to collect people who love trial work and have a great deal of fun teaching it. Mark's faculty includes judges, practicing lawyers, retired lawyers, and a few law school professors. Each person brings a unique perspective and teaching style to the course.
More importantly, everyone here has spent a lot of time thinking about the best ways to help adult learners improve their skills. They have developed their own drills, techniques and exercises to teach every conceivable trial skill, as well as a repertoire of "fixes" to solve both common and rare advocacy problems.
Every performance session is a learning experience, not only for the students, but also--and perhaps, especially--for the instructors. Frequently, we are assigned to team teach with instructors we've never met before. We quickly work out symbiotic teaching arrangements, always focusing on how we can best help the students to improve. From my perspective, the chance to see new approaches that I can later use in my own classes back at SIU is invaluable.
The great teaching traditions of the bar are real, and courses like this are a fantastic opportunity to participate in a truly rewarding educational experience.
The program is no walk in the park for participants or faculty. Everyone is participating in lectures, demonstrations, performances and critiques from about 8 am to 5:30 pm every day. As anyone who has ever observed and critiqued an advocacy class knows, it can be grueling to pay close attention to every word and gesture, come up with critique points, and make recommendations for improvement.
And yet all of the faculty will leave this course rejuvenated. This is because Mark tends to collect people who love trial work and have a great deal of fun teaching it. Mark's faculty includes judges, practicing lawyers, retired lawyers, and a few law school professors. Each person brings a unique perspective and teaching style to the course.
More importantly, everyone here has spent a lot of time thinking about the best ways to help adult learners improve their skills. They have developed their own drills, techniques and exercises to teach every conceivable trial skill, as well as a repertoire of "fixes" to solve both common and rare advocacy problems.
Every performance session is a learning experience, not only for the students, but also--and perhaps, especially--for the instructors. Frequently, we are assigned to team teach with instructors we've never met before. We quickly work out symbiotic teaching arrangements, always focusing on how we can best help the students to improve. From my perspective, the chance to see new approaches that I can later use in my own classes back at SIU is invaluable.
The great teaching traditions of the bar are real, and courses like this are a fantastic opportunity to participate in a truly rewarding educational experience.
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