TEACHING EXTERNS TO THRIVE NOW AND IN LAW PRACTICE Amy Sankaran, U Michigan Law Larry Krieger, FSU Law

WHY TEACH WELL-BEING? EVERYONE WANTS IT. MANY DON’T HAVE IT. SCIENCE TELLS US HOW TO GET IT. FEELS GREAT + CREATES …PROFESSIONALISM & PERFORMANCE

OUR SESSION 1. The Deep Problem (3 min) 2. Core content for students (20 min) 3. Autonomy Supportive Style for Teaching/Supervising (3 min) 4. How we each approach the topics (5 + 15 min) 5. Workshop: apply to your approach (30 min)

TRAINING TO “THINK LIKE A LAWYER” DIS-INTEGRATES PERSONALITY 1. THE CORE WB PROBLEM: TRAINING TO “THINK LIKE A LAWYER” DIS-INTEGRATES PERSONALITY

EFFECTS OF CURRENT 1L TRAINING (MERTZ, AMER. BAR FOUNDATION/CARNEGIE) Unmoors the self, changes values Combat dialogue replaces moral reasoning Winning argument as only goal Sets aside morality, conscience, caring Erases bases for ethical judgment **Undermines integrity & ALL key WB sources

WB TEACHING FOCUS Integrity/Sense of Self Conscience, Fairness, Morality Feelings, Caring, Connection Prioritize Internal Motivations and Values

Critical role of externships Focused integrated training in externships & clinics (Are problems addressed from orientation & first year for prevention?) Krieger, Human Nature….Washburn L.R. 2008

WHAT MAKES LAWYERS (AND STUDENTS) HAPPY? 2. CORE TEACHING CONTENT WHAT MAKES LAWYERS (AND STUDENTS) HAPPY?

WHAT MAKES LAWYERS HAPPY ? (SSRN.COM) 2015 PSYCH. STUDY 6200 LAWYERS WHAT MAKES LAWYERS HAPPY ? (SSRN.COM) (Krieger/Sheldon, Geo. Wash. L.R. 2015)

THE STUDY 4 states, 6200 lawyers, 140 judges Self-Determination Theory Subjective Well-being Standardized correlations (“R” values)

SUBJECTIVE WELL-BEING 24 VALIDATED MEASURES POSITIVE EMOTIONS (8) (enthusiastic, strong, active…) NEGATIVE EMOTIONS (8) (Nervous, guilty, fearful…) LIFE SATISFACTION SCALE (6) (I feel very satisfied with life… A lot would have to change….)

Most shared article, New York Times… WHY?

TRADITIONAL SUCCESS DOES NOT MAKE US HAPPY.

DATA: TWO DISTINCT SOURCES OF SUCCESS (AND HAPPINESS) TRADITIONAL SUCCESS: EXTERNAL (income, status, honors, fame…) “INTERNAL SUCCESS” (integrity, closeness to others, enjoyment/meaning in work…)

VERY DIFFERENT IMPACTS ON LAWYER WELL-BEING External success is slightly helpful for well-being (r = .00 - .19) Internal success is critical for well-being (r = .48 - .66)

Critical Well-Being Factors are Felt, Internal AUTONOMY/AUTHENTICITY RELATEDNESS TO OTHERS WORK MOTIVATION AND COMPETENCE AUTONOMY SUPPORT

FIRST NEED: AUTONOMY/AUTHENTICITY (.66) “My behavior shows my true self.” “My choices express my true values.” This is integrity, core of professionalism.

SECOND NEED: RELATEDNESS TO OTHERS (.65) Relating well, feeling close to others Requires decency and respect, second pillar of professionalism.

SATISFACTION FROM WORK: INTERNAL MOTIVATION (.55) Work is interesting, enjoyable. Work expresses values, fulfills life purpose. Generates engagement and excellence, third pillar of professionalism.

AUTONOMY SUPPORT (.48) Felt Respect and Understanding Non-controlling Supervisor, Teacher, Mentor...

INTRINSIC VALUES (.30) (vs: Extrinsic values, money, power, fame…) Self Understanding and Growth Intimacy with Others Helping Others/Community Promote key factors but not always felt

EXTERNAL SUCCESS IS ATTRACTIVE, BUT ONLY SLIGHTLY HELPFUL FOR WELL-BEING (Tastes Great, Less Filling)

CONTRAST 1: Lawyer Groups “SERVICE” LAWYERS (Least pay, most internal factors) ARE HAPPIER THAN… “PRESTIGE” LAWYERS (Most pay, least internal factors)

CONTRAST 2: MAKING PARTNER Junior partners have the same well-being as senior associates. Partner status and 70% greater earnings, zero increase in well-being.

PROFILE OF A HAPPY LAWYER Knows and appreciates herself Seeks to improve more than accumulate Often feels close to others Seeks to help others, community Finds meaning and enjoyment in work Gives and receives support at work Growth mindset

PROFILE OF A HAPPY LAWYER Knows and appreciates herself Seeks to improve more than accumulate Often feels close to others Seeks to help others, community Finds meaning and enjoyment in work Gives and receives support at work Growth mindset

ONE ORGANIZING PRINCIPLE FOR WELL-BEING FEELING CLOSE, MEANINGFUL CONNECTIONS WITH SELF (AUTHENTICITY) WITH OTHERS (RELATEDNESS) WITH WORK (COMPETENCE & INTERNAL MOTIVATION) SAME SOURCES PROFESSIONALISM/ETHICS

STUDENTS MUST UNDERSTAND: SUCCESS INCLUDES WELL-BEING. FIRST SEEK INTERNAL SUCCESS, THEN EXTERNAL SUCCESS. **DO NOT DISPLACE INTERNAL SUCCESS WITH PAY, ETC.

BALANCE YOUR ATTENTION (75%-25%) INTEGRITY House/Car AUTHENTICITY LEARN/IMPROVE ENJOYMENT MEANING COMPETENCE RELATING COMMUNITY HELPING JUSTICE RESPECT Prestige Partnership Competition Appearance KINDNESS Gpa/law review.. Outcomes Popularity YOUR CHOICES Reflection,Support Winning High Salary

PROMOTES ALL POSITIVE WB OUTCOMES 3. TEACHING STYLE FOR WB: AUTONOMY SUPPORT PROMOTES ALL POSITIVE WB OUTCOMES

COMPONENTS OF AUTONOMY SUPPORT (NATURAL FOR EXTERNSHIP/CLINIC) Authority but less controlling Appreciates preferences, perspectives (Listens actively) Gives meaningful choices If controlling, explains why

BENEFITS OF AUTONOMY SUPPORT (WORK or FAMILY) All 3 Needs Internal Motivation Well-being Performance

Higher Performance/ Achievement AUTONOMY SUPPORT SEQUENTIAL PATH: LAW STUDENTS Greater Autonomy NeedSat (Y1-Y3) Greater Self- Det’d Career Motivation .33 .39 .41 Faculty Autonomy Support (end of Y1) Social Context (i.e. Law School 1 vs. Law School 2) Greater Relatedness NeedSat (Y1-Y3) .20 Better SWB (Y1->Y3) .20 .13 .40 .32 Greater Competence NeedSat (Y1-Y3) Higher Performance/ Achievement .23

AUTONOMY SUPPORT SEQUENTIAL PATH: LAWYERS

4. HOW WE TEACH WB: COMPONENTS OF MY TEACHING: *GIVE DIRECT UNDERSTANDING FIRST *USE NEGATIVE DATA SPARINGLY. *STUDENTSOBSERVE, EXPERIENCE, & SHARE (usually positives)

WB COMPONENTS, LARRY’S PROGRAMS (HANDOUTS COMING) LOW CREDIT EXTPS: Core readings, observe, discuss – journals & postings (or class). HIGH CREDIT EXTPS (immersion): Core readings, observe and experience, discuss - journals & postings (or class); prereq. course exposure COURSE: readings, reflective writing, pervasive teaching/modeling; 2 wb classes (power pt.)

EXTERNS EXPERIENCE.. Learning naturally pervades externship. More effective with engagement. Student clearly get it. Alumni: long-term positive effects

Resources Core content: 1. What Makes Lawyers Happy? (SSRN.com or G.W. L. Rev, 2015) 2. Hidden Sources of Law School Stress (LK) 3. Deeper Understanding of Your Career Choices Values Exercise: Inseparability of Professionalism and Personal Satisfaction (Clin. L. Rev., 2005) Comprehensive: Human Nature as a New Guiding Philosophy for Legal Education; (Washburn L. Rev., 2008) Email: lkrieger@law.fsu.edu

THANK YOU AHARWELL@UMICH.EDU LKRIEGER@LAW.FSU.EDU