FOUNDATIONS FOR PRACTICE The “Whole Lawyer” and the Path to Competency for New Lawyers
BY Alli Gerkman and Zachariah DeMeola
or years, legal employers the Foundations for Practice proj- shared by the profession they hope have complained about ect undertaken by IAALS, the to enter. In one survey, 95 percent what they see as a lack Institute for the Advancement of of hiring partners and associates of preparation among the American Legal System, seeks believed that recently graduated newF lawyers. The media echo these to address in its attempt to close law students lacked key practi- 2 concerns, but often with a more the employment gap for law school cal skills at the time of hiring. In dramatic flourish, such as in this graduates. Findings gleaned from another survey, 76 percent of third- quote from a recently hired asso- this project have implications not year law students believed that ciate: “What they taught us at this they were prepared to practice law only for legal educators and legal law firm is how to be a lawyer. . . . “right now,” while only 23 percent employers but also for regulators What they taught us at law school is of practicing attorneys believed as they assess the extent to which how to graduate from law school.”1 that recent law school graduates the current licensure process aligns This perceived skills gap may sug- were ready to do their jobs.3 with the needs of the profession. gest that law schools are, in fact, falling short when preparing their The gap between what new lawyers students for practice. But may it The Problem: What Do have and what new lawyers need also suggest that legal employers Attorneys Need Right Out of has exacerbated an already diffi- are falling short when it comes Law School to Succeed? cult employment situation. In the to developing hiring practices that past, law firms could rely on client result in good hires? Most law students are graduating fees to underwrite the training of from law school thinking that they new lawyers, but in recent years Most likely it is a combination of have the skills necessary to practice clients have demonstrated increas- these problems, both of which as attorneys, but that opinion is not ing reluctance to essentially pay to
The Bar Examiner, Summer 2018 17 FOUNDATIONS FOR PRACTICE: THE “WHOLE LAWYER” AND THE PATH TO COMPETENCY FOR NEW LAWYERS
bring first- or second-year attorneys undermine the public trust in our lawyers need to succeed, falling up to speed.4 The push by clients to legal system. under three foundation types: drive down costs is also occurring at a time when technology and Fixing the problem requires first • Legal skills — skills automation offer potentially more understanding exactly what new traditionally understood to efficient alternatives to traditional lawyers need as they enter the pro- be required for the specific discipline of law, such as legal services. In a 2016 survey, 21 fession. In 2014, IAALS, a national, preparing a case on appeal percent of law firms reported los- independent research center ded- ing business due to clients’ use of icated to facilitating continuous • Professional competencies technology, and 19 percent reported improvement and advancing excel- — skills seen as useful across losing business to non–law firm lence in the American legal system, vocations, such as managing providers of legal and quasi-legal sought this information when it meetings effectively services.5 launched Foundations for Practice Characteristics — features or (“Foundations”).8 Foundations is a • qualities, such as integrity and Among law graduates in the class of national, multiyear project designed trustworthiness 2017, which is the most recent class to accomplish three objectives: for which we have employment IAALS divided these 147 founda- the identification of founda- data, approximately 33 percent did 1. tions into 15 categories to create not secure full-time and long-term tions entry-level lawyers need to a more respondent-friendly survey jobs requiring a law license, and launch successful careers in the experience.9 So, for instance, the only about 75 percent landed a full- legal profession; characteristic “Have a strong work time and long-term job that either ethic and put forth best effort” falls required a law license or gave a 2. the development of measur- under the category of “Passion and preference to candidates with a able models of legal education that Ambition.”10 J.D.6 Although this reflects a mod- support those foundations; and est improvement in the percentage The survey asked respondents of graduates landing a full-time 3. the alignment of market needs to provide feedback in two criti- and long-term job requiring a law with hiring practices to incentiv- cal areas. First, the survey asked license over the class of 2016 grad- ize positive improvements in legal respondents to rank foundations as uates, there are fewer private prac- education. necessary in the short term, must tice opportunities for law school be acquired over time, advanta- graduates than there were before The Survey: Capturing the geous but not necessary, or not the recession. And while the per- Foundations New Lawyers relevant. Second, the survey asked centage of public service jobs has Need respondents to identify the helpful- been generally stagnant for more ness of hiring criteria, such as law than 30 years, the ABA recently To meet the first objective, IAALS school attended, class rank, clinical reported that entry-level hiring has developed a survey to capture the experience, and letters of recom- decreased in the government, aca- range of foundations new lawyers mendation. The survey also asked demia, and public interest areas.7 need to be successful in their field questions eliciting demographics and the degree to which those foun- and practice information from the The perceived skills gap affects dations are required. Using exist- participants. employment, but it is also an issue ing literature in this area, law firm that has even greater implications core competencies obtained from In 2014–2015, IAALS distributed the for the profession as a whole. New employers, and input from a diverse survey to lawyers across the coun- lawyers entering the workforce group of experts in the field, IAALS try and received responses from unprepared or underprepared identified 147 foundations that new over 24,000 attorneys with office
18 The Bar Examiner, Summer 2018 FOUNDATIONS FOR PRACTICE: THE “WHOLE LAWYER” AND THE PATH TO COMPETENCY FOR NEW LAWYERS locations in all 50 states, represent- ing most types of work settings and Foundations for Practice Terminology practice areas. This gave IAALS a Foundations: The legal skills, professional competencies, and significant amount of data to ana- characteristics that new lawyers need to succeed, falling under three lyze and interpret. foundation types: “Character Quotient” Matters Legal skills — skills traditionally understood to be required for to Practicing Lawyers the specific discipline of law, such as preparing a case on appeal In July 2016, IAALS published its Professional competencies — skills seen as useful across vocations, such as managing meetings effectively first report based on the survey results, Foundations for Practice: Characteristics — features or qualities, such as integrity and The Whole Lawyer and the Character trustworthiness Quotient.11 Overall, respondents identified 77 foundations necessary The whole lawyer: The new lawyer who exhibits a combination of the 77 specific characteristics, professional competencies, and legal for new lawyers in the short term. skills believed by Foundations for Practice survey respondents to be In other words, practicing lawyers fundamental to the success of new lawyers right out of law school believe that these 77 foundations are fundamental to the success of Character quotient: The extent to which new lawyers possess new lawyers right out of law school. the characteristics identified by Foundations for Practice survey IAALS called the new lawyer who respondents to be necessary for new lawyers in the short term exhibits this combination of 77 spe- cific legal skills, professional com- petencies, and characteristics the suggesting that new lawyers must The “Whole Lawyer”: “whole lawyer.” have a certain “character quotient.” Consistent Across All A glance at the 20 foundations that But the most striking aspect of these made it to the top of the list, shown Workplaces results was what they revealed in the sidebar on page 20, empha- As reported in The Whole Lawyer about the importance and urgency sizes the point. and the Character Quotient, survey of characteristics and, to a lesser respondents identified 77 founda- extent, professional competencies— Only one of these top 20 foun- tions they believed necessary for particularly when compared with dations, “Effectively research the new lawyers in the short term. But legal skills. The survey respondents law,” is a traditional legal skill. This were results different among the made clear that characteristics (e.g., is not to suggest that legal skills various practice settings or firm integrity and trustworthiness, com- were viewed as unnecessary by sizes? IAALS looked at the types mon sense), as well as professional respondents. In total, respondents of foundations that make up the competencies (e.g., listening atten- identified 98% of the legal skills whole lawyer for each practice set- tively and respectfully; arriving on as necessary, but they were identi- time for meetings, appointments, fied as foundations that could be ting and firm size, comparing them and hearings), were prioritized in acquired over time. Thus, the data to one another and to the overall brand-new lawyers over legal skills indicate that attorneys largely see “whole lawyer” results. The differ- (e.g., drafting policies, preparing a characteristics as the foundations ences among respondents were so case for trial). In fact, of the three that are most initially necessary in few that one of the most remarkable foundation types, characteristics new lawyers. Legal skills are neces- aspects of the study was how simi- were most likely to be categorized sary, but less important to have at lar the results actually were across as necessary in the short term, the start. the various groups.
The Bar Examiner, Summer 2018 19 FOUNDATIONS FOR PRACTICE: THE “WHOLE LAWYER” AND THE PATH TO COMPETENCY FOR NEW LAWYERS
For example, while nearly half all four practice settings and all six The 20 Foundations (45%) of all foundations presented firm sizes, as shown in Figures 1 Identified as Most in the survey were professional and 2. Necessary in the Short competencies, and the remainder Term for New Lawyers were split between legal skills (27%) Nonetheless, there were a few nota- and characteristics (28%), the dis- ble differences that arose among the (characteristics shown in bold) proportionately large percentage of various practice settings and firm • Keep information whole lawyer foundations that fell sizes.12 IAALS sought to identify confidential under the foundation type of char- instances where responses from a • Arrive on time for meetings, acteristics (around 40% across the particular practice setting or firm appointments, and hearings board), and the much smaller per- size identified a specific foundation • Honor commitments centage of those in the foundation as necessary in the short term when type of legal skills, was seen across it was not identified as such within • Integrity and trustworthiness • Treat others with courtesy Figure 1: Percentage of each foundation type necessary for the and respect “whole lawyer,” as identified by practice setting • Listen attentively and 0% 20% 40% 60% 80% 100% respectfully • Promptly respond to Overall 20.8% 39.0% 40.3% inquiries and requests • Diligence Private Practice 18.2% 41.6% 40.3% Have a strong work ethic • Business: In-house 16.2% 41.9% 41.9% and put forth best effort
• Attention to detail Government 20.5% 39.7% 39.7% • Conscientiousness Other 21.1% 39.5% 39.5% • Common sense
• Intelligence Legal Skills Professional Competencies Characteristics • Effectively research the law • Take individual Figure 2: Percentage of each foundation type necessary for the responsibility for actions “whole la wyer,” as identified by firm size and results • Regulate emotions and 0% 20% 40% 60% 80% 100% ______1 ~ _____1 __ 1 demonstrate self-control I I Overall 20.8% 39.0% 40.3% • Speak in a manner that I I I I I Solo Practice 20.8% 41.6% 37.7% meets legal and professional --~ I ___l~ __ I I I standards 2–10 Lawyers 19.5% 40.3% 40.3% 1---_._I ___I..__ __ I I I • Strong moral compass 11–50 Lawyers 18.1% 38.9% 43.1% ___.__1 __..._ 1 ___ I I I • Write in a manner that 51–100 Lawyers 18.9% 39.2% 41.9% ~ _ _ _._I ___I..__ __ I meets legal and professional 1 I I 101–500 Lawyers 16.9% 40.8% 42.3% standards ______l __ ..._ 1___ I I I 501+ Lawyers 16.9% 40.8% 42.3% • Exhibit tact and diplomacy I I I I I Legal Skills Professional Competencies Characteristics
20 The Bar Examiner, Summer 2018 FOUNDATIONS FOR PRACTICE: THE “WHOLE LAWYER” AND THE PATH TO COMPETENCY FOR NEW LAWYERS the overall results, or vice versa. For instance, with regard to practice With regard to firm size, Figure 4 Although it found that the foun- setting, Figure 3 shows that respon- shows a general trend toward fewer dations among these categories of dents from the private practice set- whole lawyer foundations as firm respondents were very similar to ting also identified 77 whole lawyer size increased, with solo practice the 77 foundations identified in the foundations, 74 of which over- and firms with 2–10 lawyers iden- overall results, there were a few lapped with the overall response, tifying 77 foundations as necessary differences, as shown in Figures 3 but 3 of which were not among in the short term, and firms with and 4.13 those in the overall response.14 more than 100 lawyers identifying
Figure 3: Number and variance of “whole lawyer” foundations by practice setting
0 10 20 30 40 50 60 70 80
Overall 77
Private Practice 74 3
Business: In-house 73 1
Government 72 1
Other 75 1
Overlap with Overall Foundations for Practice Additional Foundation(s)
Figure 4: Number and variance of “whole lawyer” foundations by firm size
0 10 20 30 40 50 60 70 80
Overall 77
Solo Practice 75 2
2–10 Lawyers 75 2
11–50 Lawyers 71 1
51–100 Lawyers 72 2
101–500 Lawyers 69 2
501+ Lawyers 69 2
Overlap with Overall Foundations for Practice Additional Foundation(s)
The Bar Examiner, Summer 2018 21 FOUNDATIONS FOR PRACTICE: THE “WHOLE LAWYER” AND THE PATH TO COMPETENCY FOR NEW LAWYERS
only 71. Still, as was the case with which addresses the results from positions on the top 10 list depend- practice setting, the foundations this portion of the survey.16 Not ing on the group of respondents, that make up the whole lawyer surprisingly, respondents indicated there was one notable exception: were largely consistent with the that the full list of criteria was legal employment. In addition to overall whole lawyer, regardless of helpful to some degree or another being identified as the most helpful firm size.15 in hiring new lawyers with the criterion in the overall analysis, desired foundations, as shown in legal employment was identified As can be seen, the 77 founda- Figure 5 on page 23. by respondents in every single tions identified as necessary for demographic group we examined new graduates are largely the same Nonetheless, respondents con- as the most helpful of all the hiring across all workplaces, which means veyed preferences for some criteria criteria. that as we begin to identify the over others, and while all crite- overarching learning outcomes that ria were found to be more helpful While many employers still, in we can—and should—expect of a than unhelpful, one trend emerged. practice, rely on criteria like class legal education, we have at least Respondents tended to rate criteria rank, law school attended, and law one common goal: the whole lawyer. related to practical experience as review experience, respondents more helpful than other criteria. In indicated that if they wanted to Hiring the Whole Lawyer: fact, when zeroing in on the top 10 hire people with the broad array Experience Matters hiring criteria, as shown in Figure of foundations they identified 6 on page 24, it can be seen that 8 as important, they would rely Are certain characteristics simply of the top 10 most helpful criteria on criteria rooted in experience, things a person has or does not fell under the practical experience including legal employment, legal have? Not exactly. Indeed, we know umbrella. Only 2 of the top 10 most externships, participation in a law that many of the characteristics helpful hiring criteria fell under the school clinic, and other experiential identified as necessary out of law category of academic experience or education. school, such as patience or exhibit- achievement. (The third category, ing resilience after a setback, may personal experience or character- The emphasis on experience that is be developed in the course of over- istics, did not feature among the revealed in this report is both heart- coming the challenges of law school top 10.) ening and actionable. It suggests itself. Moreover, responses to the that as schools begin to consider second section of the Foundations This suggests that lawyers tend to how to ensure that law graduates survey offer a peek into what activ- view experience actually working have the necessary foundations, ities employers believe are capable in the law as indicative of a new and as the profession begins to of strengthening or demonstrating lawyer possessing the foundations consider how to hire new lawyers the characteristics they are looking necessary for success. based on those foundations, they for in new lawyers. can start by focusing on experi- But do these results change when ence. Law schools and employers The second section of the survey we look at responses across certain may develop a common language asked respondents to indicate the respondent demographic character- for those experiences that clarifies helpfulness of 17 distinct hiring istics? Like the results portrayed in what experiences are and how they criteria in determining whether The Whole Lawyer and the Character benefit students. The path toward a a candidate for employment has Quotient, respondents tended to system that prepares graduates who the foundations they identified as view each hiring criterion as help- are ready to enter the profession as important. In January 2017, IAALS ful, regardless of their specific new lawyers will be elevated and published its second report, Hiring demographic characteristics.17 And supported by experience-focused the Whole Lawyer: Experience Matters, while the hiring criteria shifted learning and hiring.
22 The Bar Examiner, Summer 2018 FOUNDATIONS FOR PRACTICE: THE “WHOLE LAWYER” AND THE PATH TO COMPETENCY FOR NEW LAWYERS
Figure 5: Helpfulness of hiring criteria in hiring new lawyers with the desired foundations
Very Somewhat Neither Helpful Somewhat Very Helpful Helpful nor Unhelpful Unhelpful Unhelpful 6.2"/o 2.9"/o I Legal employment 54.2"/o -2.6% 3.3°/o Recommendations from practitioners or judges 42.5% ' -2.8% 3.7"/o Legal externship 40.1% ' - 2.5% 3.6% Other experiential education 31.7"/o I - 1.9°/o 3.7"/o Life experience between I college and low school 29.6%
Participation in low school clinic 31.9"/o -2.3% 3.7"/o I Federal court clerkship 34.4% - 2.9"/o 4.0"/o Stole court clerkship - 2.4%
Low school courses - 2.5% in o porticulor specialty 5.5% I Recommendations from professors -3.1%
Closs rank -5.2%
Low school attended -5.2% 5.0"/o Low school certification I in o particular area - 3.1% 5.8% I Extra-curricular activities - 2.9"/o 4.4% Ties to o particular geographic location I - 3.4%
Low review experience 7.(1'/o -6.8%
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Next Steps: Identifying a place to start, but IAALS is also employer is participating in work- Learning Outcomes and committed to facilitating that col- ing group sessions with IAALS laboration by moving from what to begin developing learning out- Hiring Rubrics the profession expects to how to get comes and hiring rubrics based The Whole Lawyer and the Character there and has partnered with four on the 77 foundations that make Quotient and Hiring the Whole law schools18 in Chicago, Denver, up the whole lawyer. IAALS will Lawyer: Experience Matters both rec- New York City, and Seattle to do so. then work with the corresponding ommend that law schools and the law schools to share results from profession work together to ensure Each school is first working with the employer sessions and refine that new lawyers have the foun- IAALS to invite employers it would learning outcomes to fit within dations they need to practice. The like to engage through this pro- the school’s objectives. A joint ses- findings in these reports give them cess. A representative from each sion with the law school and the
The Bar Examiner, Summer 2018 23 FOUNDATIONS FOR PRACTICE: THE “WHOLE LAWYER” AND THE PATH TO COMPETENCY FOR NEW LAWYERS
Figure 6: Top 10 most helpful hiring criteria The 16 Legal Skills Identified as Necessary Hiring Criteria Proportion of Respondents Indicating Somewhat Helpful or Very Helpful in the Short Term for New
Legal Lawyers employment • Effectively research the law Reoommendations ~ practitioners 81.9% #lliiii45¥,iJ • Understand and apply legal or 1udges privilege concepts
Legal externship 81.6% #lliiiiMIA,,J • Draft pleadings, motions, and briefs Other • Identify relevant facts, legal experiential 79.4% #lliiii+iii@,,J education issues, and informational gaps or discrepancies Life experience between college 78.3% #lliiii#MIE,iJ Document and organize a case and law school • or matter Participation in law 77.3% #lliiii45¥,iJ • Set clear professional school di nic boundaries
Federal court • Gather facts through 74.8% #lliiiiil-iiiA,,J clerkship interviews, searches, document/file review, and State court 73.3% other methods clerkship #lliiii4i•M,IJ • Request and produce written Law school courses I discovery in a particular 70.3% Academic Experience or Achievement specialty • Effectively use techniques of legal reasoning and argument Recommendations I 63.3% Academic Experience or Achievement from professors (case analysis and statutory interpretation) • Recognize and resolve ethical dilemmas in a practical setting employer group will then discuss Opportunities for Regulators • Conclude relationships appropriately final learning outcomes and hiring and Bar Examiners rubrics and coordinate any next • Critically evaluate arguments The results from The Whole Lawyer steps identified by the school and/ • Maintain core knowledge of and the Character Quotient also have or the employers. At the conclusion the substantive and procedural valuable implications for the path of the project, IAALS will publish law in the relevant focus forward in licensing new lawyers to area(s) a general set of learning outcomes enter the profession. and hiring rubrics based on the • Prepare client responses information it gains from this pro- First, survey results suggest that it • Draft contracts and agreements cess, and the schools and employers is not the granular, practical knowl- will have discretion to determine edge or knowledge of substan- • Interview clients and how to employ any tools that result tive law that new lawyers need to witnesses from the process. have in hand immediately. In fact,
24 The Bar Examiner, Summer 2018 FOUNDATIONS FOR PRACTICE: THE “WHOLE LAWYER” AND THE PATH TO COMPETENCY FOR NEW LAWYERS foundations that fell into the legal the current process for licensure Times, Nov. 19, 2011, at A1, available at http://www.nytimes.com/2011/11/20/ skills type made up only 16 of the 77 into the profession is focusing on business/after-law-school-associates- foundations identified as being nec- the abilities that the profession at learn-to-be-lawyers.html. essary for practice right out of law large believes are most important 2. LexisNexis, “White Paper: Hiring school—by far the lowest amount for new lawyers. Partners Reveal New Attorney among the three foundation types. Readiness for Real World Practice” (2015), available at ht tps:// (See the sidebar on page 24 for the Conclusion www.lexisnexis.com/documents/ 16 legal skills.) Moreover, of the legal pdf/20150325064926_large.pdf. We often think of the challenges skills that practitioners believed 3. The BARBRI Group, “New Lawyers new lawyers need to be successful, in legal education as a law school Believe They Are Ready for the Job; problem. Indeed, there are steps law Practicing Attorneys Disagree According maintaining core knowledge of the to First-Ever State of the Legal Field substantive and procedural law in schools and legal educators can and Study” (Mar. 5, 2015), available at the relevant focus area(s) was low must take to improve the way they https://www.thebarbrigroup.com/ educate lawyers. But law schools new-lawyers-believe-they-are-ready-for- on the list. Only 50.7% of respon- the-job-practicing-attorneys-disagree- dents believed that maintaining are not alone in their responsibil- according-to-first-ever-state-of-the-legal- field-study/. core knowledge of the substantive ity for today’s challenges, nor are and procedural law was necessary they alone in their responsibility to 4. See, e.g., Anna Ward and Alex address them. Members of the legal Berry, “In a First, Major UK Client right out of law school. Indeed, that Says No to Paying for Junior foundation barely made the list of profession, notably legal employ- Associates,” The American Lawyer
77 foundations that are necessary ers and even those regulating the (Mar. 21, 2017), available at ht tps:// www.law.com/americanlawyer/ out of law school. profession, play a significant and almID/1202781722437/ (Deutsche often underestimated role in the Bank refusing to pay outside law firms perpetuation of the current system. for work performed by newly qualified Second, and relatedly, success- attorneys), and Miriam Rozen, “More ful entry-level lawyers are not When employers hire and regu- Companies Say ‘No Thanks’ to Paying merely legal technicians, nor are lators license entry-level lawyers for Law Firm Associate Hours,” 256(59) The Legal Intelligencer 1 (Sept. 25, they merely cognitive warehouses based on the skills, professional 2017) (General Counsel of DHL Supply of legal knowledge. They are suc- competencies, and characteristics Chain Americas quoted as saying “Sorry, needed to serve clients, they create law firms. You spend on the training . . . cessful when they come to the job I cannot afford to pay your associates with a much broader blend of legal incentives for law schools that are $325 an hour.”). better aligned with the objectives skills, professional competencies, 5. Eric A. Seeger and Thomas S. Clay, and characteristics that compose toward which we all must work. “2016 Law Firms in Transition: An the whole lawyer. Altman Weil Flash Survey,” Altman Weil, Inc. 12 (2016), available at We hope that Foundations for http://www.altmanweil.com//dir_docs/ These two dynamics suggest that Practice serves as a starting point to resource/95e9df8e-9551-49da-9e25- 2cd868319447_document.pdf. it is not legal skills or the abil- empower law schools and the legal ity to memorize and recall legal profession to join forces to tackle 6. These numbers reflect long-term/full- head-on the greatest problems in time employment outcomes for 2017 principles that makes for successful graduates 10 months after graduation. attorneys; rather, successful law- legal education and the legal pro- American Bar Association Section fession. When they do, the benefi- of Legal Education and Admissions yers have a foundation of charac- to the Bar, “Employment Outcomes teristics and competencies that will ciaries will be law schools, students, as of April 2018 (Class of 2017 allow them, over time, to develop employers, and the profession—but, Graduates)” (Apr. 2018), available
most importantly, clients and the at https://www.americanbar.org/ practical skills and learn substan- content/dam/aba/administrative/ tive law, alongside other critical legal system as a whole. legal_education_and_admissions_to_ lawyering, business, and social the_bar/statistics/2017_law_graduate_ employment_data.authcheckdam.pdf. skills. Regulators and bar examin- Notes 7. See Judith N. Collins, “Jobs & JDs: ers now have an opportunity to use 1. David Segal, “What They Don’t Teach Employment for the Class of 2016 – this information to assess whether Law Students: Lawyering,” New York Selected Findings,” NALP 2–3 (2017),
The Bar Examiner, Summer 2018 25 FOUNDATIONS FOR PRACTICE: THE “WHOLE LAWYER” AND THE PATH TO COMPETENCY FOR NEW LAWYERS
available at https://www.nalp.org/ categorization for a particular practice the other being exercising independent uploads/SelectedFindingsClassof2016 setting or firm size diverged from judgment. For more detailed information, .pdf, and Stephanie Francis Ward, the categorization based on overall including which of the foundations from “Fewer Entry-Level Positions in Most Job results, the first criterion for practical the overall whole lawyer results were not Categories for 2017 Law Grads, New significance was satisfied. The second identified as a whole lawyer foundation ABA Data Shows,” ABA Journal (Apr. 20, criterion for practical significance for each firm size, see the IAALS Online 2018), available at http://www requires a difference of 10 percentage Issues Blog, “The Whole Lawyer: Small .abajournal.com/news/article/fewer_ points or more between at least two Variations among Law Firm Sizes (and entry-level_positions_in_most_job_ practice settings for any response Conclusion),” available at http://iaals categories_for_2017_law_grads_new_a. option. .du.edu/blog/whole-lawyer-small- variations-among-law-firm-sizes-and- 8. Foundations for Practice is a project 13. Notably, five different foundation conclusion. of IAALS’s Educating Tomorrow’s categories had no practically significant Lawyers Initiative, which is dedicated differences affecting the whole lawyer 16. Alli Gerkman and Logan Cornett, to aligning legal education with the across practice settings: Technology and “Foundations for Practice: Hiring the needs of an evolving profession. For Innovation, Emotional and Interpersonal Whole Lawyer: Experience Matters” more about Educating Tomorrow’s Intelligence, Passion and Ambition, (2017), available at http://iaals.du.edu/ Lawyers, see http://iaals.du.edu/ Working with Others, and Stress and sites/default/files/reports/foundations_ educating-tomorrows-lawyers. Crisis Management. Likewise, five for_practice_hiring_the_whole_lawyer.pdf. foundation categories had no practically 9. These categories include Business 17. For more information on how different significant differences affecting the Development and Relations, demographics affected these results, whole lawyer among the various firm Communications, Emotional and see Alli Gerkman and Logan Cornett, sizes: Communication, Professional Interpersonal Intelligence, Involvement “Foundations for Practice: Hiring the Development, Technology and Innovation, and Community Service, Legal Thinking Whole Lawyer: Experience Matters” Emotional and Interpersonal Intelligence, and Application, Litigation Practice, (2017), at 8–24, available at ht tp:// and Stress and Crisis Management. Passion and Ambition, Professional iaals.du.edu/sites/default/files/reports/ Development, Professionalism, 14. The three additional foundations for the foundations_for_practice_hiring_the_ whole_lawyer.pdf. Qualities and Talents, Stress and private practice setting were visibility Crisis Management, Technology and in the office; seeking out work that 18. The four law schools are Columbia Law Innovation, Transaction Practice, would expand skills, knowledge, or School, University of Denver Sturm Working with Others, and Workload responsibilities; and adhering to proper College of Law, Northwestern Pritzker Management. collections practices. For the business School of Law, and Seattle University in-house practice setting, understanding 10. For a full report on our survey School of Law. They were selected based the challenges of virtual communication methodology, see Alli Gerkman on a variety of factors, including region and the steps needed to address and Logan Cornett, “Foundations and geography, diversity of employer them was identified as a whole lawyer for Practice: Survey Overview and types, and commitment to partnering with foundation; while both government and Methodological Approach” (2016), employers and their legal communities. other practice settings identified framing available at http://iaals.du.edu/ a case, analysis, or project compellingly educating-tomorrows-lawyers/ as a necessary foundation for the new publications/foundations-practice- lawyer right out of law school. For more Alli Gerkman is survey-overview-and-methodological. detailed information, including which of Senior Director 11. Alli Gerkman and Logan Cornett, the foundations from the overall whole at IAALS, the lawyer results were not identified as “Foundations for Practice: The Institute for the Whole Lawyer and the Character a whole lawyer foundation for each Quotient” (2016), available at ht tp:// practice setting, see the IAALS Online Advancement of iaals.du.edu/foundations/reports/ Issues Blog, “The Whole Lawyer: Small the American whole-lawyer-and-character-quotient. Variations across Practice Settings,” Legal System. available at http://iaals.du.edu/blog/ 12. In seeking to understand the nuance whole-lawyer-small-variations-across- in responses from lawyers within the practice-settings. four categories of practice settings and six categories of firm sizes, IAALS 15. In firms with more than 50 lawyers, the considers a difference practically two additional foundations identified Zachariah significant—that is, large enough to be were the same for all three of the larger DeMeola is a of value in the applied context—if the firm size categories: visibility in the manager at IAALS, difference between practice settings is office, and generating a high quantity the Institute for large enough to influence the analysis in of work. Visibility in the office was also practice. More specifically, IAALS defines identified as a foundation for the next the Advancement a practically significant difference as one two smaller firm sizes, with firms of of the American that—in addition to being statistically 2–10 lawyers also identifying retaining Legal System. significant—meets two criteria. The first existing business as a foundation. criterion requires the responses from a Retaining existing business was also practice setting or firm size to diverge identified as one of the foundations from the overall results. So, whenever a for the solo practice firm size category,
26 The Bar Examiner, Summer 2018 Alternative Text Figure 5 on page 23
The helpfulness of hiring criteria in hiring new lawyers with the desired foundations.
• Legal employment was found very helpful by 54.2% of respondents, somewhat helpful by 34.2%, neither helpful nor unhelpful by 6.2%, somewhat unhelpful by 2.9%, and very unhelpful by 2.6%. • Recommendations from practitioners or judges were found very helpful by 42.5% of respondents, somewhat helpful by 39.4%, neither helpful nor unhelpful by 12.0%, somewhat unhelpful by 3.3%, and very unhelpful by 2.8%. • Legal externship was found very helpful by 40.1% of respondents, somewhat helpful by 41.4%, neither helpful nor unhelpful by 12.3%, somewhat unhelpful by 3.7%, and very unhelpful by 2.5%. • Other experiential education was found very helpful by 31,7% of respondents, somewhat helpful by 47.7%, neither helpful nor unhelpful by 15.1%, somewhat unhelpful by 3.6%, and very unhelpful by 1.9%. • Life experience between college and law school was found very helpful by 29.6% of respondents, somewhat helpful by 48.7%, neither helpful nor unhelpful by 15.6%, somewhat unhelpful by 3.7%, and very unhelpful by 2.4%. • Participation in a law school clinic was found very helpful by 31.9% of respondents, somewhat helpful by 45.4%, neither helpful nor unhelpful by 16.5%, somewhat unhelpful by 3.9%, and very unhelpful by 2.3%. • Federal court clerkship was found very helpful by 34.4% of respondents, somewhat helpful by 40.4%, neither helpful nor unhelpful by 18.5%, somewhat unhelpful by 3.7%, and very unhelpful by 2.9%. • State court clerkship was found very helpful by 26.8% of respondents, somewhat helpful by 46.4%, neither helpful nor unhelpful by 20.3%, somewhat unhelpful by 4.0%, and very unhelpful by 2.4%. • Law school courses in a particular specialty were found very helpful by 20.8% of respondents, somewhat helpful by 49.5%, neither helpful nor unhelpful by 22.9%, somewhat unhelpful by 4.3%, and very unhelpful by 2.5%. • Recommendations from professors were found very helpful by 17.1% of respondents, somewhat helpful by 46.1%, neither helpful nor unhelpful by 28.2%, somewhat unhelpful by 5.5%, and very unhelpful by 3.1%. • Class rank was found very helpful by 16.5% of respondents, somewhat helpful by 46.0%, neither helpful nor unhelpful by 25.9%, somewhat unhelpful by 6.4%, and very unhelpful by 5.2%. • Law school attended was found very helpful by 16.8% of respondents, somewhat helpful by 44.3%, neither helpful nor unhelpful by 28.1%, somewhat unhelpful by 5.6%, and very unhelpful by 5.2%. • Law school certification in a particular area was found very helpful by 17.3% of respondents, somewhat helpful by 42.8%, neither helpful nor unhelpful by 31.8%, somewhat unhelpful by 5.0%, and very unhelpful by 3.1%. • Extra-curricular activities were found very helpful by 9.0% of respondents, somewhat helpful by 49.7%, neither helpful nor unhelpful by 32.6%, somewhat unhelpful by 5.8%, and very unhelpful by 2.9%. • Ties to a particular geographic location were found very helpful by 18.0% of respondents, somewhat helpful by 36.3%, neither helpful nor unhelpful by 37.9%, somewhat unhelpful by 4.4%, and very unhelpful by 3.4%. • Law review experience was found very helpful by 11.8% of respondents, somewhat helpful by 39.4%, neither helpful nor unhelpful by 35.0%, somewhat unhelpful by 7.0%, and very unhelpful by 6.8%. • Journal experience was found very helpful by 9.2% of respondents, somewhat helpful by 38.8%, neither helpful nor unhelpful by 38.2%, somewhat unhelpful by 7.0%, and very unhelpful by 6.8%.