Legal Professionalism and Narrative Spring 2016

Legal Professionalism and Narrative Spring 2016 Cliff Zimmerman [email protected] 312 503 7043 MC166

Syllabus

Course Description: This course will focus on the experiences, careers, and lives of lawyers in a variety of settings and contexts, including public service, the judiciary, public interest, and lawyers who use their training and skills outside of the formal practice of law. Students will be called upon to use interview and narrative skills to develop and challenge their notions of what it means to be a lawyer, to be a part of the legal profession, and to progress on the path and development of a legal career. Key aspects of the main project will be self-reflection, ethics and professional responsibility standards, and the role and responsibilities of members of the legal profession in society. Readings will introduce and explore issues, and set the tone for discussions within the group and with guest speakers. Every student will be required to write and present a career analysis and biography of a particular lawyer, the particular subject to be approved by the instructor.

Teaching Method: Class time will divide between readings and the discussion of them (the beginning of each class period), hypothetical exercises and the discussion of them (the latter part of each class period), and discussion with panels of lawyers who have taken unique paths in the practice of law (the latter part of the course). All three will delve into questions central to what it means to practice law, professional responsibility (both ethics and professional conduct), and the decisions that we are called upon as lawyers regardless of our career direction. Class readings will be posted to Canvas, typically a reading guide will be distributed by email several days before class, and exercises will be posted to Canvas or distributed in class.

Course Evaluation: - Career analysis of a lawyer & self-reflection (outline + at least 2 drafts) – 40% o Short description of type of person or short list of potential lawyers - due January 28 o Meetings to determine career analysis subject, to review interview plan, and to review drafts – dates to be determined with each student o Brief in-class presentation on interview/interview progress (April 14th) o 1st draft - due March 31 o 2nd draft - due April 14 o final draft - due May 5. - Reflection papers (as indicated below) – 20% o 500-1000 words each – due dates below. - Narrative/interview – 15% o 500-1000 words on a formative/redemptive point in your life – due February 19. o Interview of a class member (to be determined by professor) – due Wednesday, March 2. - Speaker questions – 5% o 3 questions for speakers - due before each speaker session - Class attendance and participation (non-speaker sessions) – 20% Week 1/January 14 – Introduction to Personal Narrative and Professional Identity - Dan McAdams, Personal Narratives and the Life Story, in John, Robins, & Pervin (eds.) Handbook of Personality: Theory and Research (3rd ed. 2008). - Be prepared to present your responses to the Class Introduction List (on Canvas) Reflection paper 1 prompt: What is your personal narrative (PN)? Why are you here? Due January 15, 5 pm.

Week 2/January 21 – Story, Storytelling, & Ethics - Steve Johansen, This Is Not The Whole Truth: The Ethics of Telling Stories To Clients, 38 Arizona State Law Journal 961 (2006) - Jo Tyler & Faith Mullen, Telling Tales, Intro & section V.A. - Malcolm Gladwell/Chuck Klosterman email dialogue on Manti Te’o (January 2013) Reflection paper 2 prompt: Think about a time that you told (or someone told you) a story in a questionably unethical circumstance. Reflect on how the story related to the unethical circumstance, and how you felt/thought about both the storytelling and the underlying circumstance. Due January 22, 5 pm.

Week 3/January 28 –Lawyering: Basics, Tradition, Cross-cultural, & Millenials - Preamble, Illinois Rules of Professional Conduct - Gerald Lopez, Lay Lawyering, 32 UCLA Law Review 1 (1984-1985) Reflection paper 3 prompt: What parts of your life can be called stock stories? Why? Due January 29, 5 pm.

Week 4/February 4 – The Direction of the Legal Profession: Past, Present, & Future - Symposium intro - John Heinz, When Law Firms Fail, 43 Suffolk Law Review 67 (2009) - Michael Kelly, Lives of Lawyers, Ch. 7 (2007) - The Diamond Law Firm Reflection paper 4 prompt: How will the current state of the legal profession affect you? Due February 5.

Week 5/February 11 – Personal & Professional Identity: Morals, Codes, & Compasses – Melissa Weresh, I’ll Start Walking Your Way, You Start Walking Mine: Sociological Perspectives On Professional Identity Development And Influence Of Generational Differences, 61 South Carolina Law Rev. 337 (2009) – Review list of values, identify key ones, and prepare list of own values. Reflection paper 5 prompt: What were your values starting law school? How have they changed since then? Which values do you have or need that will be vital to your professional identity in the legal profession? Due February 12.

Week 6/February 18 – Interviewing, Counseling, and Ethics – Stefan Krieger & Richard Neumann, Jr., Essential Lawyering Skills (5th ed. 2015) (sections 8.4.1 - 8.4.5, 9.1-9.2, 9.5, and 22) – Jean R. Sternlight & Jennifer Robbennolt, Good Lawyers Should Be Good Psychologists: Insights For Interviewing And Counseling Clients, 23 Ohio State Journal on Dispute Resolution 437 (2008) (only sections II, III. C – F) Reflection paper 6 prompt: 500-1000 words on a formative/redemptive point in your life Due February 19, 5 pm.

Week 7/February 25 – Narrative, Redemption, & Ethics - Dan McAdams, The Redemptive Self 15-44 (2006) - Thinking With Our Students’ Stories (video at https://www.law.du.edu/index.php/storytelling-conference/program; search for Zimmerman) - Sayantani DasGupta, Narrative Humility, https://www.youtube.com/watch? v=gZ3ucjmcZwY. Paper 7 prompt: Interview of a class member (person and topic to be announced by professor) Due Wednesday, March 2, 5 pm.

Week 8/March 3 – The Lawyer’s Conscience: Pro Bono Perspective - Deborah Schmedemann, Pro Bono Publico as a Conscience Good, 35 William Mitchell Law Review 977 (2009). - Harry Edwards, Renewing Our Commitment to the Highest Ideals of the Profession, 84 North Carolina Law Review 1421-1430 (2006) Reflection paper 8 prompt: What are the highest ideals of our profession? What do you think of pro bono work? What will you do? Due March 4.

Week 9/March 10 – Lawyers, Myth, Archetypes, & Heroes - Walter Bennett, Lawyer’s Myths: Reviving Ideals in the Legal Profession Chapters 4 & 6 - Dan McAdams, The Stories We Live By, pp. 33-37 Reflection paper 12 prompt: Who is/are your hero(es)? Why? Due March 11.

Week 10/March 17 – The Spiritual Lawyer Guests: – Rev. Craig Mousin, Ombudsperson, DePaul University - Craig Mousin, A Preacher’s Teacher: Lessons on Ministry from One Who Proclaims the Word, in The Honeycomb of the Word, ch. 8 (W. Dow Edgerton ed., 2001) Reflection paper 10 prompt: What role does religion/faith play in your professional identity? Due – March 18.

Week 11/March 31 – Building Your Own Law Office - How does a legal career working for yourself shape a lawyer’s life? Guests: – Megan O’Malley, O’Malley and Madden - http://www.ompc-law.com/ - Dan Johnson, WJY Law - http://wjylegal.com/ - Yondi Morris-Andrews, KMR Law - http://kmrlawgroup.com/ Reflection paper 11 prompt: What are your thoughts on having/starting your own legal practice? Due – April 1 (no fooling).

Week 12/April 7 – The Young Lawyer Working for the Public Good - Sarah Grady (’12), Loevy & Loevy (prisoners’ rights) - Lizzie Rosenthal (’05), Legal Assistance Foundation (housing) - Sean Morales-Doyle (’07), Depres Schwartz & Geoghegan (labor) Reflection paper 12 prompt: Can you see yourself working in one of these capacities, full time? Explain. Due April 8.

Week 13/April 14 – Professional Identity and Ethics – Presentations & Closure How has your personal narrative developed? Has your PN affected your PI? Who did you interview? What did you learn? No reflection paper