LEADERSHIP EDUCATION IN THE LEGAL ACADEMY: PRINCIPLES, PRACTICES AND POSSIBILITIES A Report from the James MacGregor Burns Academy of Leadership University of Maryland Co-Authored by Judy Brown, Ph.D. and Bonnie Allen, J.D. Contributing Authors: Georgia Sorenson, Ph.D. Carol Pearson, Ph.D. Richard Couto, Ph.D. Nina Harris, Ph.D. May 4, 2009 TABLE OF CONTENTS I. INTRODUCTION AND CONTEXT II. THE LEADERSHIP CHALLENGE IN THE LEGAL PROFESSION III. INQUIRY AND PERSPECTIVES IV. FINDINGS VI. RECOMMENDATIONS FOR NEXT STEPS APPENDICES A. PRESS RELEASE ON UNIVERSITY OF MARYLAND SCHOOL OF LAW’S LEADERSHIP, ETHICS AND DEMOCRACY-BUILDING INITIATIVE B. UNIVERSITY OF MARYLAND SCHOOL OF LAW ROUNDTABLE PARTICIPANTS C. UNIVERSITY OF MARYLAND SCHOOL OF LAW ROUNDTABLE AGENDA D. EXECUTIVE CORE QUALIFICATIONS INDEX E. CO-CURRICULAR LEADERSHIP PROGRAMS F. PROCESS TEMPLATES FOR AN INNOVATIVE LAW SCHOOL LEADERSHIP PROGRAM G. ABOUT THE AUTHORS BIBLIOGRAPHY I. INTRODUCTION AND CONTEXT In 2007 and 2008, the James MacGregor Burns Academy of Leadership at the University of Maryland (Burns Academy), the Center for Law & Renewal1 and the University of Maryland School of Law (School of Law) undertook a collaborative process of inquiry into the purpose of leadership education in the legal academy. This report describes that process and the findings it revealed. The authors make the case for leadership in the legal academy and provide guidelines for introducing it, fully recognizing the institutional challenges that exist. This document is intended to be a vehicle for stimulating reflection and discussion in the legal academy and the broader profession. It highlights trends and provides examples, but it is by no means a comprehensive description of current curricula and programs. The authors welcome comments from readers in the hope that it will produce an expanding national and international dialogue in the academy and broader legal profession. The academic study of leadership is one of the fastest growing interdisciplinary endeavors in American higher education. 2003 data documented more than 1800 leadership programs in U.S. universities.2 These efforts range from undergraduate certificates, minors and majors to graduate and doctoral degree programs in leadership studies. Leadership programs are embedded in every discipline. While the social sciences and business schools remain the most likely in which to find leadership studies, there is tremendous growth in these programs within liberal arts, history, agriculture, literature, and philosophy. In the last few years, a plethora of programs has emerged in the professional schools, notably MBA programs, schools of public policy, public administration, and medicine, in the United States, Europe and elsewhere.3 In the spirit of the best professional education, leadership studies teach critical thinking, effective communications through writing and speaking, creativity and problem-solving, human diversity as an asset, social responsibility, history as a source of knowledge for understanding the present and planning for the future, collaboration and empowerment, conflict resolution, negotiation, and group and organizational development. Moral development and ethics are integrated into many leadership studies programs. By its very nature, leadership studies teach the importance of engaging firsthand with contemporary issues and problems of policy, the law, power-sharing, conflict, and collaboration.4 1 A non-profit organization based at the Fetzer Institute, an operating foundation located in Kalamazoo, Michigan. 2 Georgia Sorenson, George Goethals and James MacGregor Burns, Encyclopedia of Leadership (Thousand Oaks, California: SAGE, 2004). 3 Id. 4 Georgia Sorenson and George Goethals, eds., The Quest for a General Theory of Leadership (Northampton, It is important to consider leadership education in the legal academy in the broader context of higher education for professionals. While each profession has its particular educational goals and challenges and may differ on substantive knowledge and technical skills, the professions share the common goal of developing the character and skill set needed to create “professionalism.” 5 In many professions, leadership studies and programs have been an effective vehicle for pursuing this goal. Interestingly, legal education has been slow to embrace leadership studies. While several American law schools have added leadership courses to their curriculum, developed leadership scholars programs, or made explicit commitments in their missions to prepare lawyers to be leaders, the legal academy has yet to integrate leadership teaching into the mainstream of its pedagogy.6 The dearth of leadership studies in legal education presents a paradoxical challenge. Lawyers comprise a significant number of leaders in government, business and community, yet law schools do not formally prepare lawyers to be leaders. As a result, many practicing lawyers lack grounding in the intellectual and practical leadership disciplines that are fundamental to exercising sound professional judgment, helping clients solve problems, communicating effectively, managing self and others, and navigating the increasing complexity of organizational cultures. To address this challenge, the Center for Law & Renewal engaged the Burns Academy to develop an inquiry into the need, purpose and methodologies for introducing leadership education into the legal academy. Housed in the School of Public Policy at the University of Maryland, College Park, the Burns Academy is internationally recognized for its broad range of initiatives focusing on leadership education, public service and scholarship. Currently led by renowned scholar Carol Pearson, the Burns Academy features the work of recognized leadership luminaries including presidential biographer James MacGregor Burns and founder Georgia Sorenson. This inquiry grew out of the work of the Center for Law & Renewal, a non-profit organization created by the Fetzer Institute that examined the tensions between personal values and moral codes of lawyers and the demands of the profession and legal institutions. The Fetzer Institute has a history of supporting similar inquiries in the fields of medicine, higher education, business, and politics. The Center developed a framework to advance a “relationship-centered ethic of lawyering” by offering programs that equip lawyers with self-awareness, skills and tools they need to practice ethics and professionalism beyond the technical rules, serve as leaders and change agents in their institutions, and operate as democracy-builders in their communities. Now dissolved as Massachusetts: Edward Elgar Publishing, 2006). 5 William F. May discusses the “marks of the professional” in The Beleaguered Rulers: The Public Obligation of the Professional (Louisville, KY, Westminster John Knox Press, 2001), p. 7, as “intellectual, moral and organizational” – with “correlative virtues.” 6 Santa Clara University School of Law, University of Maryland School of Law, Duke University School of Law, Ohio State University College of Law, Elon University School of Law, St. Thomas Law School, and Harvard Law School are among these institutions. an entity, the Center for Law & Renewal’s mission continues through a partnership between the Fetzer Institute and the University of Maryland School of Law that created the Leadership, Ethics and Democracy -Building Initiative (LEAD) led by Professor Michael Millemann. A press release announcing the initiative is attached as Appendix A. The Fetzer Institute’s partnership with Maryland School of Law builds on the law school’s nationally recognized clinical law program and its Women’s Leadership Program directed by Professor Paula Monopoli, who also oversees the leadership components of the new initiative. The Burns Academy’s inquiry into leadership education in law schools included a review of relevant literature, a survey of the field and a roundtable dialogue among leaders in law and leadership studies. This report reflects perspectives of leaders in the legal academy and broader profession, as well as scholars in the field of leadership studies. The report also documents the Burns Academy’s findings and recommendations regarding the goals and methodologies for integrating leadership studies and programs into law schools, based on experiences and models drawn from other fields of professional education. We preface our discussion of the inquiry by describing the context and challenges in the legal profession that law school-based legal education could address. II. THE LEADERSHIP CHALLENGE IN THE LEGAL PROFESSION Lawyers play an essential role in American democracy. They are the guardians and gatekeepers of the rule of law, a cornerstone of a civil society. Lawyers control our judicial systems, are significantly represented in the halls of Congress and state legislatures, and advise corporate executives in business decisions that have far-reaching consequences for stockholders and consumers. They also serve in important public leadership roles as elected officials and high-ranking government agency staff, and often are the chief architects of public policy. The American legal profession and legal institutions face enormous challenges in the 21st century. Public confidence, respect for and trust in lawyers and legal systems have eroded significantly in the past few decades. Many civil courts are unable to effectively manage overwhelming caseloads and demand, and matters frequently are disposed of in bureaucratic ways that leave all parties dissatisfied. The criminal justice system is widely viewed as broken and without the means or power to reduce crime or help victims and perpetrators heal their lives. Bar-sponsored studies indicate that 80% of the civil legal needs of low-income people and 30% of those of moderate-income people are not met, due in part to a legal services delivery system that grossly under-funds legal aid programs. The United States spends far less than other Western industrial societies on subsidizing legal representation.7 Alongside these “systems failures” is a significant crisis in morale for individual lawyers. 7 Deborah L. Rhode, In the Interests of Justice: Reforming the Legal Profession (Oxford University Press, 1998), p. 7. Skyrocketing student loan debt drives many law students to make career choices inconsistent with their values and vocational goals. The demands of law firm culture, with its ultimate emphasis on billable hours and business development, leave lawyers little time for family life, personal health, pro bono work, or civic engagement. An estimated one-third of American attorneys suffer from depression or substance addictions, a rate that is two to three times higher than the general public.8 A majority of lawyers report that they would choose another career if they could make the decision again, and three-quarters would not want their children to become lawyers. Eighty percent do not believe that the law lives up to their expectations in contributing to the social good. 9 Legal education plays a key role in precipitating this crisis in the legal profession and legal systems. The Carnegie Report on Educating Lawyers: Preparation for the Profession of Law, published in 2007, found that law schools fail to equip students with the moral and social skills they need to “engage the moral imagination.”10 The Carnegie Report attributes much of the shortcoming of legal education to its heavy reliance on a single form of teaching, the case-dialogue method, and on the limitations of that one form. This methodology involves abstracting the legally relevant aspects of situations and persons from their real-world situations. Consideration of the social or ethical consequences of legal conclusions is left out of the analysis. Students are warned to set aside their concerns for justice, moral consequences or compassion.11 Stanford Law Professor William H. Simon attributes this phenomenon to the tendency of the dominant conception in legal theory to define the lawyer’s role in terms of formalistic, categorical and mechanical forms.12 He adds: The profession has promulgated an ideology, backed by disciplinary rules and sanctions that mandates unreflective, mechanical, categorical judgment rather than practical reason. 13 While other fields of graduate professional education, including business, public policy and the military, have diversified learning methodologies, encouraged in part by the work on multiple intelligences by Howard Gardner, law schools have not followed that trend. In his best-selling book, The Soul of the Law, Benjamin Sells, a Chicago-based trial lawyer and psychologist, describes the perils of legal education and the process of “becoming a lawyer” as acculturating the legal mind. Somewhere along the way, law students undergo a subtle, though radical, change. Their very perceptions begin to be 8 Id., p. 8. 9 Id., p. 11. 10 William M. Sullivan, Anne Colby, Judith Welch Wegner, Lloyd Bond, and Lee S. Shulman, Educating Lawyers: Preparation for the Profession of Law, Carnegie Foundation for the Advancement of Teaching (Hoboken, New Jersey: Jossey-Bass, 2007). 11 Id., p. 146. 12 William H. Simon, The Practice of Justice: A Theory of Lawyers’ Ethics (Cambridge Massachusetts: Harvard University Press, 1998), p. 3. 13 Id., p. 23. structured by assumptions provided by legal education.14 Sells points to the example of a law professor telling first year students: “You are not here to find truth and justice, you are here to learn the Law.” 15 Sells observes that the Law does not know what to do with big grand ideas that escape analytic definition. Over time, the Law’s reluctance to engage the grand ideas of the heart can limit and restrict the range of its imagination.16 These mental habits include objectification by the lawyer of people and situations, and the resulting detachment from self and others. Lawyers, Sells asserts, have become abstracted from the world of actual experience.17 This poses an enormous problem for practicing lawyers who are called upon to make difficult decisions in the messiness and complexity of their own lives, the organizations in which they operate, and the clients that they serve. The Carnegie Report recognizes that some law schools are attempting to address the increasingly apparent shortcomings of legal education. Many law schools are introducing forms of experiential learning, including stronger clinical programs and discussion oriented seminars. The University of Maryland School of Law, Northeastern School of Law, Fordham University School of Law, Marquette University Law School, Georgetown University Law School, Hamline University School of Law, and the University of Southern California Law School are just some of the institutions now offering reflective and interdisciplinary approaches to teaching the required course of Ethics and Professional Responsibility that incorporate novels, personal essays, student interviews of practitioners, guest speakers from the profession, and class discussion about the gap between the rules and reality of practicing law.18 Law school Student Affairs offices are presenting workshops on work-life balance and related topics. One new entrant into the field, Elon University School of Law, was founded in 2006 with an explicit mission of preparing lawyers to be leaders as well as problem-solvers. The Carnegie Report goes on to observe, however, that the tendency of law schools is to address inadequacies in legal education in an additive, rather than integrative way. This incremental – rather than comprehensive – approach to reform fails to generate the desired results. The Carnegie Report includes a strong recommendation that legal educators respond to the needs of our time and recent knowledge about how learning takes place by combining the elements of legal professionalism – conceptual knowledge, skills and moral discernment – into the capacity for judgment guided by a sense of professional responsibility. Thus, there is a compelling call for an integrated curriculum 14 Benjamin Sells, The Soul of the Law: Understanding Lawyers and the Law (Rockport, Massachusetts: Element, 1996), p. 35. 15 Id., p. 36. 16 Id., p. 37. 17 Id., p. 175. 18 In 2006, the Center for Law & Renewal convened a group of 20 legal educators to exchange ideas and curriculum for teaching the required law school course of ethics and professional responsibility in ways that challenge students to “think beyond the rules” and to explore the ethical rules in the context of their own values and moral codes. that includes doctrine and analysis, practice, and the exploration of the identity, values and dispositions consistent with the fundamental purpose of the legal profession.19 Since its publication, there has been tremendous response by law schools and bar associations to the Carnegie Report, as evidenced by a proliferation of conferences and writings on the topic in the past two years. Highly significant among these responses is the American Bar Association’s decision to undertake a process of revising law school accreditation standards to include professionalism competencies. A. Making the Case Recognizing the compelling need for cultural change in the profession, legal educators and leaders in the practicing bar themselves have begun to build a case for the integration of leadership studies into law school curricula. Increasingly, lawyers are speaking and writing of a “crisis in values” in the profession and legal systems that can be addressed only by courageous leaders who are willing to create and act upon a new vision. Ben W. Heineman, Jr., former General Counsel at General Electric Company, spoke on “Law and Leadership” at Yale Law School in 2006, advancing the thesis that law schools should more candidly recognize the importance of leadership and more directly prepare and inspire young lawyers to seek roles of ultimate responsibility and accountability. 20 “Graduates of law schools should aspire not just to be wise counselors but wise leaders; not just to dispense “practical wisdom” but be practical visionaries.” 21 Heineman supports his claim by arguing first, that our society is suffering from a leadership deficit in public, private and non-profit spheres. Second, he asserts that the legal profession is experiencing a crisis of morale arising out of a disconnect between personal values and professional life. Providing leadership can affirm and test our vision and core values. Third, he observes that other professional schools have as their explicit mission the training of leaders for the various sectors. The core competencies of law provide as solid a foundation for leadership as do those of other professions. Law schools need a similar vision to enhance the education and careers of their graduates, thus serving society and addressing the values crisis affecting so many in the profession.22 Heineman argues for an interdisciplinary approach to legal education that not only teaches core legal capacities, but also “complementary capacities” that will prepare lawyers for the real world demands of law practice, business and public leadership roles.23 These capacities will engender “breadth of mind” and instill the skills needed for lawyers to employ creativity, vision, values, and strategies to maximize human and other resources as they build and lead law firms, businesses, government agencies, and non19 Sullivan et al, Educating Lawyers, p. 194. 20 Ben W. Heineman, Jr., “Lawyers as Leaders” (116 Yale Law Journal Pocket Part 2007), p. 266. 21 Id. 22 Id. 23 Id. p. 26. profit organizations. 24 Donald J. Polden, Dean of the Santa Clara University School of Law, echoes Heineman’s sentiments in his article “Educating Law Students for Leadership Roles and Responsibilities.”25 Dean Polden asserts that leaders emerge in organizations and situations in whicth they are called upon to create change. To do so, leaders rely on their skills, relationships and insights through a leadership process.26 Fundamental leadership skills are necessary for lawyers, whose role often includes persuading and influencing others. Lawyers operate out of a vision or solution that involves problem-solving, team building, motivation of others, and collaboration. Emphasizing that leadership education for law students is values-based, Polden asserts that practicing leadership requires the definition and creation of a vision or solution that results in positive and ethical change.27 While wholeheartedly supporting the integration of leadership studies into legal education, Northeastern University School of Law Professor David Hall candidly observes the challenges inherent in this endeavor. In his book, The Spiritual Revitalization of the Legal Profession,28 Professor Hall asserts that the culture and values of the legal profession and legal education are not conducive to developing authentic leaders. True leadership, he says, does not relate to what we do, or the role we occupy in an organization. Leadership relates to the person we are and the values we manifest. It is more about being than doing. Leadership grows from a deep well of self-reflection and self-realization as we attempt to transform the world around us. Hall adds that the leadership traits of vision, compassion, creativity, courage, humility, faith, determination, and love do not emanate from an intellectual well alone but also come from the spirit. It is the synergistic combination of mind and spirit that enables lawyers to transform institutions and their own lives.29 Professor Hall notes that lawyers are confronted with leadership opportunities and challenges every day. The way [lawyers] approach their cases and clients is an act of leadership. Their willingness or unwillingness to go across racial and gender boundaries, and discover and learn from those who are different from them is a challenge of leadership. How lawyers deal with the professional culture which encourages then to act and behave in a certain manner is a challenge to their leadership. Whether lawyers are able to go against the grain when they think the grain is moving in a destructive direction 24 Id. 25 Donald J. Polden, “Educating Students for Leadership Roles and Responsibilities” (University of Toledo Law Review, Volume 39, No. 2, Winter 2008), pp. 353-360. 26 Id. 27 28 Id., p. 355. David Hall, The Spiritual Revlitalization of the Legal Profession: A Search for Sacred Rivers (Lewiston, New York: Edwin Mellen Press, 2005). 29 Id., pp. 175-176 is a question of leadership.30 B. The Practicing Bar As A Driver for Change in the Academy Law firms, much like law schools, have been slow to embrace formal leadership development training. But that is beginning to change for several reasons. First, law firms are increasingly larger and complex organizations that demand formal leadership and management systems and structures. Second, the kind of informal mentoring that took place in earlier periods has disappeared in many law firms, leaving a void of relationships between more experienced attorneys and young associates that encourage the formation of good habits and ethical practices needed to succeed in law practice and life. Third, legal practices have shifted in ways that require more teamwork and collaboration within firms and across practice groups. In response to these changes, law firms are establishing leadership programs in collaboration with business schools and consulting firms, and this phenomenon will undoubtedly expand in the next several years. Examples include Reed Smith LLP’s partnership with Wharton School of Business to develop leadership curriculum, and DLA Piper’s contract with Harvard Business School to teach leadership and management skills to its firm leaders.31 Bar associations also are recognizing this need, and the state bar associations of Wisconsin, Colorado, Oregon, and Alabama now offer leadership education for CLE credit.32 In Florida, the Center on Professionalism - jointly created by the Supreme Court and the Florida Bar - is promoting a statewide approach to enlisting the law schools in the state to develop leadership programs as a vehicle for enhancing professionalism. Many other state and local bar associations offer leadership education to affinity groups within the bar, including women lawyers and lawyers of color. Hildebrandt International, one of the world’s largest consulting groups for professional services organizations, hired Dr. Larry Richard (former trial attorney) several years ago to head the firm’s Leadership & Organization Development Practice Group. Dr. Richard has worked with hundreds of law firms and corporate law departments to improve human performance, and in recent years, his work has increasingly focused on leadership development. Dr. Richard’s expertise includes an understanding of “lawyer personality traits,” and the management and leadership challenges and opportunities these traits present in law firm settings. III. INQUIRY AND PERSPECTIVES ON LEADERSHIP IN THE LEGAL PROFESSION Recognizing the growing interest in leadership education in the legal academy and 30 Id., p. 180. 31 Herb Rubenstein, Leadership for Lawyers, Second Edition (Chicago: ABA Publishing, 2008), p. xiii. 32 Id., p. xv broader profession, the Burns Academy undertook a process of inquiry and facilitated a dialogue among leaders in law and leadership studies to explore two central questions: 1. 2. What makes leadership education in law schools necessary at this time? What will make it possible? In September 2007, Burns Academy Senior Scholar Judy Brown convened a Steering Committee that included representatives of the University of Maryland School of Law, the Center for Law & Renewal and the Burns Academy to design and implement a process of inquiry. The process began with a review of relevant literature. Despite the plethora of literature on leadership studies in other disciplines, the committee found scant literature on leadership in the law, and observed that relatively few law schools have developed leadership curricula or programs for their students. By contrast, business schools have followed a different pattern of development. A review of U.S. News and World Report’s 2007 top ten ranked business schools shows that all offer substantial courses in leadership. Many, such as Harvard Business School, MIT’s Sloan School of Management, and the Tuck School of Business at Dartmouth, are recognized for their historic achievement in leadership education. Other prominent schools are developing innovative and individualized approaches to leadership education. Wharton School of Finance offers leadership development training in the military academy in Quantico, Virginia and partners with the University of Pennsylvania Law School in the America-Mideast Educational and Training Service; the University of California Berkeley’s Hass School of Business is partnering with the College of Engineering to launch a program in technology and leadership; Columbia University has designed a New Media Executive Leadership Program in its Journalism School; and Georgetown University’s McDonough School of Business offers an Executive Master’s in Leadership program. In 2005, the Association of American Medical Colleges sampled Leadership Development programs available to health care professionals. Not surprisingly, the schools taking the initiative in the field were frequently the universities with strong credentials in business leadership education, such as Harvard, Wharton, Duke, Stanford, and Georgetown. Following the literature review, the Steering Committee proceeded to conduct anonymous written interviews through the “Delphi Process” – named for the Oracle at Delphi who could see into the future. The committee sent a questionnaire to more than 50 students and legal educators, as well as to leadership experts. Sixty percent responded, and there was general consensus that leadership education is needed for law students.33 Key themes that emerged from the survey included: 33 See http://www.law.umaryland.edu/faculty/conferences/detail.hmtl?conf=63 for Survey: Leaders in Law on Leadership Education Leadership education in the field of law is important because many lawyers end up in public leadership roles for which they have not been prepared. Leadership is not only about positional or public authority roles, but also relates to how an individual integrates the different aspects of daily life, manages conflicting demands and recognizes the values underlying choices. Leadership principles, consciousness, habits, and skills can be taught. Successful leadership curricula and programs must integrate theory and practice. Leadership development in the law needs to encourage change at three levels: 1) individual, i.e. equipping lawyers to stay connected to their own moral compasses and maintain leadership of their own lives; 2) institutional, i.e. providing skills and tools for lawyers to act as agents of positive change within their organizations; and 3) community, i.e. using legal skills and the law to transform communities and strengthen democracy. Leadership skills are critical to changing negative trends in the legal profession, including the decline in civility, failure of work-life balance, deterioration of professionalism and a public service ethic, and steadily declining public trust in the legal system. The Delphi responses contributed to shaping the agenda and identifying participants for a Roundtable on Law School Leadership Education, hosted by the University of Maryland School of Law on February 19, 2008, in Baltimore. More than 50 leaders attended, including the managing partners and senior partners of prominent law firms, executive directors of non-profit legal organizations, elected officials, state Supreme Court Justices and other members of the judiciary, law school faculty and deans, law students, and experts from the field of leadership studies. Burns Academy Director Carol Pearson and University of Maryland School of Law Dean Karen Rothenberg welcomed participants and took active roles throughout the day-long dialogue facilitated by Judy Brown (see attached list of participants, Appendix B). The Roundtable’ purpose was to explore the Why, What and How of developing leadership programs in law schools. Panels of leaders discussed the current challenges facing the legal profession, including globalization, diversity, profit-driven legal cultures, and a serious erosion of public trust. The agenda for the Roundtable is attached as Appendix C. The Roundtable consisted of five panel discussions with small group break-outs in between. Panel topics included: 1. 2. 3. 4. What are lawyers’ personal experiences (and observations of others) leading change? What did lawyers learn (or wish they had learned) in law school to prepare them for leadership roles? What do current law students see as present or missing in the leadership dimensions of legal education? What content, skills and experiences should be part of a program on leadership in 5. law school? What can other professional schools suggest about law school leadership programs? Highlights from the panels included the observations of Frank Burch, managing partner of DLA Piper, the world’s largest law firm, who participated on the first panel and noted that many law students enter the profession without the problem-solving and organizational skills needed to work with clients and navigate in large institutions. Martha Bergmark, President of the Mississippi Center for Justice, talked about a “leadership moment” when, as a teenager growing in Mississippi, she confronted a teacher and engaged in her first act of civil disobedience. John Frisch, Chairman of the Baltimore law firm of Miles & Stockbridge, participated in the second panel and discussed his law firm’s recent efforts to transform its institutional culture into one of leadership and professionalism. During a compelling lunch-time student panel, Andrew Canter, a third year law student at Stanford University School of Law and recent graduate of Harvard University’s Kennedy School of Public Policy, called for change in both the measurements and experiences of legal education. This would draw greater leadership talent in prospective students as well as enhanced leadership capabilities upon graduation. He expressed skepticism that law students are likely to become leaders as long as law schools measure success by the incoming LSAT scores and students leave burdened with debt that makes it difficult to consider careers and leadership in other than large, well-paying law firms and corporations. These quantitative and de-personalized forms of measurement spill over into law firm culture, which measures success of lawyers largely by billable hours. In January 2007, Canter co-founded “Building a Better Legal Profession,” a national grass roots movement that seeks market-based workplace reforms in large law firms by developing an alternative set of law firm rankings based on pro bono participation, commitment to diversity, and work-life balance. Michael Kelly, former Dean of University of Maryland School of Law, who participated on the fourth panel, referenced recent studies of lawyer personalities and contrasted “lawyer traits” with “leader traits.” These studies reveal that lawyers tend to be highly competitive, risk-averse, skeptical, and non-collaborative, in contrast to the desired leadership characteristics of team-building, innovation and trust. Dean Kelly posed the following question: Is thinking like a lawyer similar to, or different from, thinking like a leader? The relationship between lawyer thinking and leadership thinking can stimulate law students to relate to leadership thinking and to appreciate ways in which legal education has some natural, logical affinities with leadership education. I say this because it seems to me important at the outset of this project to establish a relationship between law and leadership education if leadership education is to command any respect in a law school … Most of the huge literature on leadership focuses on particular skills or character traits needed by leaders. They do not focus on the thinking, the intellectual dimensions of organizational leadership. If lawyers come to understand the conceptual framework of leadership performance, they will, I think, have more respect for, and interest in, leadership. Dean Donald Polden of Santa Clara University Law School joined Dean Kelly on the panel focused on the content, skills and experiences that should be part of leadership programs in law schools. He described the path of his institution and the four core principles of its approach to leadership development (see Appendix F, Process Templates for Creating an Innovative Law School Leadership Program). The last session of the Roundtable featured a presentation by leadership scholars who shared their knowledge and expertise about teaching leadership in other fields, including medicine, business and public policy. These panelists stressed the importance of recognizing leadership studies as an academic discipline with its own body of literature, theory and practice, and one which professional schools are increasingly employing to prepare professionals for their fields. Burns Academy founder Georgia Sorenson characterized the Roundtable as a pioneering meeting and a memorable launch of a process to shape a broad agenda. She began with a description of leadership studies in ancient Greece, where it was one of four primary fields of inquiry. She then traced the growth of leadership studies in the United States through its emergence at top research universities following the Second World War, and tracked its evolution at top private institutions such as Harvard, Duke and Princeton. Sorenson noted that most professional schools have now embraced leadership studies, often as a way to bridge the several disciplines that contribute to a field. Law, she recognized, has rarely followed suit, until now. Burns Academy Director Carol Pearson laid out a process for defining the fielddetermined core competencies for graduates so as to shape leadership offerings that illuminate and strengthen those competencies. Using the graduate schools of public policy as an example, Pearson traced the work of the federal Office of Personnel Management and The Brookings Institution in identifying “Executive Core Qualifications” which leaders in the government need in order to be successful. Pearson noted that the Burns Academy and the University of Maryland School of Public Policy focus upon shaping leadership education to address those competencies, 80% of which specifically bear upon leadership. It is noteworthy that many of the problems identified during the Roundtable have underlying them an implicit sense of the core qualifications that lawyers need as leaders, whether in their firms, with their clients or in the broader society. The Roundtable dialogue also reflected concern that legal education does not currently address those core qualifications. Thus, one path law schools might take is to definite the core qualifications for leadership among those trained in the law and design programs to meet those needs. See Richard Couto’s essay on the Executive Core Qualifications Index, attached as Appendix D. Burns Academy scholars also discussed the co-curricular aspects of leadership education (see Appendix E). David Mossbarger, Project Director of the Relationship-Centered Care Initiative at the Regenstrief Institute at the Indiana University School of Medicine, outlined the medical school’s efforts to address, within the framework of professionalism, many of the elements framed by this inquiry as leadership. At that medical school, in the wake of a curriculum transformation focused on patient-centered care, students began to note that the culture of the institution was inconsistent with the values now promulgated by the curriculum. Those values included compassion, civility and a culture of caring. The transformation at the Indiana University School of Medicine had been one of organizational intervention, in that a change was effected in the teaching and academic culture to comport with the new curriculum. The approach to that change was organic, collaborative and focused on those who wished to participate, and utilized a facilitation approach known as “appreciative inquiry.” Mossbarger’s remarks signaled a significant issue that this report will return to in a later section: the relationship between professionalism and leadership. Academy Senior Scholar Judy Brown’s role on the final panel was to sketch the work of the MIT Leadership Center as an exemplar among business schools, noting parallels between the challenges that MIT faces, with its high achieving and diverse student body, and those that a law school might experience: a mix of students who have leadership experience as well as those with little interest in the topic. The Sloan Business School at MIT has a half century of history in research on leadership and management, and in 2005, with the launch of the MIT Leadership Center, a new focal point for provision of leadership education at all levels was created. Through the Center, the Sloan School provides all MBA students with a rich leadership program that takes into consideration the wide range of interests and experience levels of participating students. The following dimensions of the MIT Leadership Center seem relevant to address some of the challenges law schools face in developing leadership programs: 34 The Center offers a solid intellectual leadership framework developed and tested by the faculty that underlies all of the course offerings. Articulated by Deborah Ancona and other distinguished faculty, the framework emphasizes sense-making, relating, visioning, and inventing, and it provides a coherent point of view about leadership as a way of organizing the wide range of offerings. The framework is detailed in “Leadership in an Age of Uncertainty34 and in “In Praise of the Incomplete Leader.”35 All students are required to participate, so the program does not educate only Deborah G. Ancona, “Leadership in an Age of Uncertainty,” Massachusetts Institute of Technology Sloan Leadership Center Research Brief (Cambridge, Massachusetts, 2005). 35 Ancona, Thomas W. Malone, Wanda J. Orlikowski and Peter Senge, “In Praise of the Incomplete Leader.” Harvard Business Review (Cambridge, Massachusetts, February 2007). those already attracted to leadership, but ensures that all MIT MBA students graduate with some awareness of the dimensions of leadership of skills needed to step into leadership roles. Beyond the formal courses required or students, a wide variety of intensive experiences is offered during the “Sloan Innovation Period. These intensives are led by faculty and leaders from the field, and bring additional teaching talent and approaches into the mix. What the MIT Sloan Business School has in common with law schools is the ability to attract smart, motivated students who display widely divergent interests in and experience of leadership. Given this broad range of leadership aptitude, appetite and experience, the question becomes how to serve all students under a single, powerful conceptual framework of leadership principles. Thereafter, whatever direction a student selects as part of a leadership experience, the framework provides the common and cohesive basis for attitudes, communication and behavior. The MIT Leadership Center is a rich, multifaceted program where students can choose practice activity options, but they end up with a common frame of reference about leadership. From whatever point on the leadership continuum they may have started, they acquire a shared language and framework of leadership. A current running through the entire Roundtable was the underlying assumption - best articulated by Dean Kurt Schmoke, former Baltimore mayor and current Dean of Howard University School of Law - of a values-based approach to leadership education. The question of “leadership to what end?” is a critical one, said Schmoke, and it must be explicitly declared. Dean Schmoke recounted the story of being challenged by a mentor early in his career to become a modern day biblical Prophet Nehemiah, which requires facing the truth of distress and waste abroad and in the land and gathering people together to rebuild their communities.36 The normative approach to leadership development once again raises the issue of the relationship between leadership education and professionalism and the ethical formation of the lawyer. Following the Roundtable, several participants submitted essays reflecting on the event that were posted on the websites of the Burns Academy and the University of Maryland School of Law. \ 36 Lawyers, it was reported, are an unusual lot. When it comes to thinking about how to deliver training in leadership skills and theory – a tough crowd. As a group, lawyers are extraordinarily individualistic, resistant to being brought to subjects considered “soft,” cynical, result-driven, and generally not inclined to listen. Lawyers talk. The proverbial “mouthpiece” description might come to mind. But this particular gathering of lawyers and legal educators was different … they actually wanted to listen to one another … and even more remarkable, they were willing to listen to presentations from other disciplines: medicine, public policy and sociology. They knew who to invite and how to frame the time so that a maximum degree of exchange could occur … Angela Oh, Executive Director, Western Center Foundation for Justice Diane Hoffman, Academic Dean of the University of Maryland School of Law, wrote: The comment that has stuck with me since the Roundtable is Georgia Sorenson’s question: “Why is this necessary?” That is, why is leadership education necessary in law schools? Unless we can answer this, she asserted, it will be difficult to design a leadership curriculum or program for law students. I agree. We have to articulate the need for leadership education in law schools before legal educators will embrace it. That articulation will depend on how we define leadership or what kind of leaders we hope that law school graduates will become. One definition of a leader is someone who is able to make positive changes in his or her institution, community or society by persuading others to help make those changes. It seems to me that there are leadership skills that one can teach a person who will become that kind of a leader – that is, someone who is going to head an institution, program or initiative. Skills such as teamwork, effective public speaking and writing, strategic planning, negotiation, and decision theory would be useful. But I think that definition of leader may be too narrow. I would broaden it to include individuals who, because of their moral courage, their honesty, integrity and ability to put their own needs and desires aside for the greater good of an institution or group of people, command respect and support for others for their actions. These individuals may not be making big changes but in their day to day lives make choices that take into consideration not only their own self interest but the broader interests of those around them who often do not have a voice or who cannot effectively express their interests or needs. If we include both of these conceptions of leadership, then I think the argument that leadership education in law schools is necessary is persuasive based on several factors. First, there is a significant number of law school graduates who go on to become heads of law firms, government agencies and departments, non-profit organizations, or elected officials. In fact, lawyers may disproportionately be in these kinds of leadership roles. Those who go on to fill such roles will likely benefit from educational experiences designed for institutional, community and elected leaders. But there is a larger number of graduates who will benefit from educational experiences designed to help them be moral, compassionate and principled decision-makers concerned about social justice who will command respect from their peers and members of the broader community. Robert Jerry, Dean of the University of Florida College of Law, and Earl Martin, Dean of The Gonzaga University School of Law, reflected on the Roundtable in conversations with members of the Steering Committee. Their comments are summarized as follows: The most useful information at the Roundtable concerned discussion of how law schools might structure leadership programs. There is a need to get more specific about details and what it takes to deliver concrete leadership development programs. This will require more input from people actually putting these programs on the ground. More discussion of what business schools are doing would be useful. Lack of faculty consensus is a significant problem. There is skepticism among faculty that leadership is a bona fide skill that is relevant to the practice of law or a subject that has academic content. Resources are a barrier as well. If a program can get a niche or toe-hold as an optional co-curricular program, student interest could propel such a program into broader acceptance. Getting private endowed support helps a great deal, along with alumni approval and support. Three levels of further inquiry emerged from the Roundtable: Individual Leadership There is power in individual reflection upon earlier experiences that have influenced one’s sense of leadership. How can we encourage early experience and reflection by our students? What teaching tools and models can be incorporated into curricular and co-curricular activities to facilitate reflection? Roundtable participants and Delphi survey respondents appreciated the opportunity to reflect on their own leadership stories and to consider the questions of Why and How leadership education could be introduced into the legal academy. How can these kinds of individual reflective activities and group dialogues be used to advance the goal of creating more buy-in? Institutional Leadership Within Law Firm Culture Law firm leaders face significant challenges in work cultures where the predominant individual profile is that of a risk-averse, precedent-oriented, highly skeptical, and marginally social professional. How can leaders in these environments help colleagues see alternative futures? How can law schools prepare students for these kinds of leadership challenges? Visionary leaders face the challenge of translating their inner passion and deep caring into principles and practices that can be applied in legal institutions filled with strong and diverse personalities. How can law schools develop the capacity to focus on principles before personalities in order to lead change more effectively? Institutional Leadership Within Law School Culture Success in law school is measured in very limited ways. Are these measurements good predictors of leadership and success in the practice of law? If not, what new measurements should be considered? Some students come to law school with considerable leadership experience and interest and others do not. How should law schools address this disparity? Clinical legal education and pro bono work are invaluable in helping students grow comfortable with the wide range of economic and cultural circumstances they are likely to encounter in their clients and communities. How might such experiences be more completely integrated into legal education and linked to leadership programs? Some lawyers become agents of change. How might leadership education foster that orientation in more of our graduates? What causes that to happen? Early experience? Intention, aptitude or “hard wiring” from the start? A slower, more coached evolution into a leader? How might the law school experience facilitate this process? Mentors challenge and support students in their consideration of the applications and uses of legal training. How can law students have more interaction with lawyer-leaders serving in a broad range of professional settings? IV. FINDINGS Key findings of the Burns Academy’s inquiry: the research, Roundtable and subsequent reflections are summarized below: 1. Leadership is a credible field of study, and one in which professional training and education are available at the graduate and professional level in many disciplines, including medicine, business, public policy, and the military. 2. Leadership education is considered to be critically important by many practitioners and public officials who are lawyers. Leadership education and experience as part of legal training would increase the value of those trained in the law, enhancing their effectiveness as leaders in law firms, the judiciary, government, non-profit organizations, and communities. 3. Law firm demand for lawyers who are effective problem-solvers and navigators of organizational culture has precipitated leadership development programs in an increasing number of large law firms. 4. Leadership can be taught. There are numerous approaches that other professional schools have used successfully. The question becomes how leadership can best be taught in law schools, or in a specific law school. The case that leadership can be taught in law schools will most successfully be made through law schools’ experiences, rather than by argument. 5. Law schools are increasing the variety and dimensions of leadership education offered through new kinds of curriculum in the areas of Ethics and Professional Responsibility, clinics, internships and pro bono opportunities. Few law schools, however, have explicitly integrated these methodologies into a coherent leadership program that includes curricular and co-curricular activity. Here lies a real opportunity for progress. 6. The need to teach leadership skills in law school is more easily accepted by legal educators and practitioners than the need to teach leadership theory. Scholarship in the area of leadership in the law is wide-open territory that presents an exciting new opportunity for legal academics. 7. Much of the pioneering activity in leadership education stems from innovative approaches in “up and coming” law schools. Innovation in the most highly ranked schools tends to lag. This has been the case with many new movements in the law, including alternative dispute resolution, clinics and new approaches to teaching ethics and professional responsibility. Top-tiered law schools may have less incentive to innovate. Over time, however, we expect the trend of leadership education in the legal academy to catch on in the most prestigious law schools in the country. 8. Skepticism and a search for precedent are among the characteristics of the trained legal mind that might underlie a search for a template of leadership courses, curricula or co-curricular experiences. Evidence from leadership programs in other professional schools, however, shows that there is no one right way that fits the unique character and culture of each law school. 9. The leadership approaches most likely to gain traction with students, faculty and administration will have the following qualities: A conceptual and theoretical framework that is authentic for the school, rooted in credible research in the field of leadership studies (and its relationship to the law), that has real intellectual power and coherence A commitment to identify and develop the existing leadership assets that the law school already possess: faculty that are interested, alumni that are able to contribute time and money, and administration that will provide a vision and leadership in convening stakeholders to develop “buy’in.” Other assets including existing theory and practice methodologies, such as clinical programs, externships and internships that can integrate leadership theory and practice. Assets also include leadership scholars and faculty in nearby professional schools in other disciplines. Support from the local and state bar, alumni, practitioners, and judges An understanding that some faculty and administrators will find leadership education engaging and others will not; a willingness to allow faculty to absorb the intellectual and practical benefits of leadership education at a measured pace and from the experience of the law school as it moves forward The realization that the development of leadership programs may bring about pervasive change in the law school culture over time (creating a culture of leadership throughout the institution) A willingness to experiment, run pilot programs, engage in the process of inquiry, seize opportunities, form new partnerships, and evaluate progress and outcomes V. RECOMMENDATIONS FOR NEXT STEPS Incremental changes in legal education have been underway for several decades. We believe that the release of the Carnegie Report - and the spark it has ignited in the academy and profession - constitutes a tipping point for a much broader and more integrated assessment of the purpose, underlying assumptions and methodologies of legal education. The Carnegie Report has given voice and credibility to the prophecies of a disparate number of individuals and groups that increased in volume and cohesiveness over time. Now, with the imprimatur of the Report, there are formalized processes and opportunities to enter the dialogue at the highest levels of academia and the profession. Leadership development courses and co-curricular programs provide practical and intellectual tools to facilitate reform of legal education, the practice of law and legal systems. Our recommended next steps for advancing leadership development in the legal academy include: 1. Enlist the practicing bar in developing leadership programs. Leadership education is an ideal bridge between the academy and the practice. Law schools should reach out to alumni, major donors, law firm leaders, bar leaders, judges, and public officials to seek informed comment on new program and curriculum development. Law school-sponsored leadership forums, such as the Roundtable conducted at the University of Maryland School of Law in February 2008, present excellent opportunities for scholars and practitioners to engage in open dialogue about leadership challenges and opportunities in the profession. Law schools also should engage alumni, major donors and law firm leaders in fundraising strategies to add faculty and programs in leadership studies. Dedicated funding can provide incentive for faculty and administrators to take risks in developing innovative programs. 2. Engage law students in the design of leadership programs at the outset. That very act will send a clear message – early in their careers – that lawyers are expected to take on the mantle of leadership. Student participation will add tremendous energy, and it will undoubtedly impact recruiting and help create an institutional reputation for innovation. 3. Establish a process of ongoing legal scholarship that identifies key intellectual paths of inquiry. Areas ripe for scholarly inquiry include the moral dimensions of leadership in the legal profession, “lawyer personality traits” vs. “leader personality traits” and how that disconnect affects client service and organizational management, the impact of women and minority leadership in legal institutions, and how leadership development intersects with the changing roles of lawyers in our society and the global context. Developing an intellectual and scholarly framework will be critical to successfully integrating leadership studies into the legal academy. Law schools on the cutting edge of leadership studies may want to create journals focused on leadership development in the practice and teaching of the law. 4. Make the case for leadership studies and programs as a powerful response to the Carnegie Report. Declare leadership programs as an inherently normative endeavor that can propel movement toward addressing the recommendations of the Report to enhance the moral formation and imagination of the lawyer. Tie leadership development to the teaching of Ethics and Professional Responsibility – while not subsuming one into the other. Teaching in the two fields should be highly complementary – yet distinguished. 5. Early adopters of law school-based leadership studies and programs should network with one another and develop and disseminate best practices. We recommend the convening of conferences about leadership studies in legal education for scholars and practitioners, as well as the publication of articles in legal journals and law reviews. Proponents also should advocate for leadership development in national networks such as the American Bar Association, state bar associations and the American Association of Law Schools. Creating a buzz about law school-based leadership models that catch fire is perhaps the most powerful vehicle for fueling a movement in legal education. 6. Pursue interdisciplinary approaches to teaching and writing in the area of leadership in the law. Proponents should enter the interdisciplinary dialogue by participating in leadership networks, such as the International Leadership Association, to stay current with broader leadership scholarship and practice.37 This will be particularly useful in developing templates for scholarship, as well as best practices. 37 Judy Brown, Bonnie Allen and Angela Oh presented a panel at the International Leadership Association Conference in Los Angeles in 2008 on “Transformational Trends in Law and Justice.” Allen also is submitting a proposal on “Lawyers as Leaders in Democracy-Building” for the 2009 ILA Conference in Prague. APPENDIX A School of Law Launches Groundbreaking Ethics and Leadership Initiative The University of Maryland School of Law, nationally recognized for its pioneering efforts to integrate legal theory and practice, is once again blazing a new trail in the ways that it prepares law students for careers both inside and outside of law practice. In partnership with the Fetzer Institute of Kalamazoo, Michigan, which is supporting the initiative with a $1.6 million investment, the School’s administration and faculty will develop LEAD, a new initiative that emphasizes leadership, ethics and democracy in legal education. Jacob A. France Professor of Public Interest Law Michael Millemann will serve as LEAD’s Director. Marbury Research Professor of Law Paula Monopoli will head the leadership component of the Initiative. The project was jointly announced by Karen H. Rothenberg, JD, MPA, Dean of the University of Maryland School of Law, and Thomas F. Beech, President and Chief Executive Officer of the Fetzer Institute. “In January 2007, the Carnegie Foundation for the Advancement of Teaching challenged the country’s law schools to change the way they teach,” says Rothenberg. With one of the oldest, biggest and best clinical law programs in the country, we are ahead of the curve. Now, with the enthusiastic engagement of our faculty and the legal community, we are taking on the next great challenge – leadership and ethics in the law.” “The Institute recognizes the leadership demonstrated by the University of Maryland School of Law in educating lawyers who advocate for their clients, their profession, and their communities,” said Beech. “We are excited to join the School in building upon that.” The Fetzer Institute, located in Kalamazoo, Michigan, is a private operating foundation that works to bring compassion and reconciliation to the center of individual, community and organizational life. Over the past ten years, the Institute has worked closely with leaders in education, health, social service professions and business fields and other vocations to support various approaches designed to bridge the inner life of mind and spirit with the outer life of service and action. In developing the leadership component of the initiative, the School will continue to collaborate with the James MacGregor Burns Academy of Leadership at the University of Maryland, College Park. In February, the School of Law and the Burns Academy conducted a roundtable with national business and law leaders to discuss the goals and methods for introducing leadership education into law schools. Among the roundtable participants was Frank Burch, JD, an alumnus and joint CEO of DLA Piper, the world’s largest law firm, who said: “The legal profession has traditionally 24 produced leaders in a broad spectrum of fields, from law to business to public service and elected office. But law schools, unlike business schools and other professional schools, have not integrated leadership education into their curricula. Law schools should design courses and offer opportunities for future lawyers to prepare for leadership, just as they prepare for success as legal practitioners. The program will serve as a national model. Diane Hoffman, JD, MS, Associate Dean for Academic Programs, said she hopes the ethics, professional, and leadership curriculum at the University of Maryland School of Law “will start a movement” at other law schools. In response to the ethical challenges of modern practice, an expanded focus on ethics and problem-solving will help students learn the habits of reflection and analysis needed to develop and retain a professional “moral compass.” A cross-cultural component will expand the law school’s clinical program to disadvantaged communities across the country and around the globe. Part of this effort involves creating a legal clinic in collaboration with the Mississippi Center for Justice, building upon Maryland students’ ongoing volunteer response to the massive legal needs of low-income people and communities left in Hurricane Katrina’s wake. The project also will launch the law school’s first international clinic. These new clinics will take lessons learned in the School’s Baltimore clinics to the broader national and international stage. “This program makes a statement about how we are preparing students for law practice, and how we hope to have an impact on the profession and the practice of law,” says Hoffman. “It is a statement about the fact that there is a need for law schools to take more seriously their responsibility to embody the highest ideals of the profession.” 25 APPENDIX B Participant List: Roundtable on Law School Leadership Education Bonnie Allen, President and CEO, Center for Law & Renewal Clinton Bamberger, Emeritus, University of Maryland School of Law Robert Bell, Chief Judge, Maryland Court of Appeals Martha Bergmark, President and CEO, Mississippi Center for Justice Brenda Bratton Blom, Professor of Law and Director, Clinical Law Program, University of Maryland School of Law Judy Brown, Senior Fellow, James MacGregor Burns Academy of Leadership Frank Burch, Joint CEO, DLA Piper Andrew Canter, JD/MMP Candidate, Stanford Law School; Co-Founder, Building A Better Legal Profession Dawna Cobb, Assistant Dean for Students, University of Maryland School of Law Ranjit S. Dhinsdsa, Spriggs & Hollingsworth, President Maryland Leadership Workshops Ross Dolloff, Director of Training, Center for Legal Aid Education Charles Field, Senior Fellow, James MacGregor Burns Academy of Leadership John Frisch, Principal, Miles and Stockbridge PC Robert Gonzales, former President, Maryland Bar Association Marcia Greenberger, Founder and Co-President, National Women’s Law Center Terrance Haas, Law Clerk to Chief Justice Frank J. Williams, Rhode Island Supreme Court Nina Harris, Assistant Director, James MacGregor Burns Academy of Leadership Guillermina Hernandez-Gallegos, Senior Program Officer, Fetzer Institute Diane Hoffman, Associate Dean, Academic Programs, University of Maryland School of Law Annette Hollowell, JD Candidate, University of Mississippi School of Law Paul Igasaki, Deputy CEO, Equal Justice Works Robert Jerry, Dean, University of Florida Levin College of Law Michael Kelly, Executive Director, National Senior Citizens Law Center, former Dean, University of Maryland School of Law Tom Kennedy, Director, Center for Leadership and Organizational Excellence Teresa LaMaster, Assistant Dean, University of Maryland, School of Law Lewis Leibowitz, Partner, Hogan and Hartson Nancy Lowitt, Associate Dean, University of Maryland School of Medicine Earl Martin, Dean, Gonzaga University School of Law Karen Mathis, Partner, McElroy, Deutsch, Mulvaney & Carpenter, Past President, American Bar Association Paula Monopoli, Professor of Law and Director, Women Leadership & Equality Program, University of Maryland School of Law David Mossbarger, Project Director, Regenstrief Institute, Indiana University School of Medicine Robert Nichols, Adjunct Instructor of Law, University of Colorado Law School 26 Lewis Noonberg, Partner, DLA Piper, Adjunct Professor, University of Maryland School of Law Angela Oh, Of Counsel, Bird Marella LLP; Board Member, Center for Law & Renewal Carol Pearson, Director, James MacGregor Burns Academy of Leadership Tom Perez, Maryland Secretary of Labor, Licensing & Regulation Donald Polden, Dean, Santa Clara University School of Law Robert Rhee, Professor of Law, University of Maryland School of Law Larry Richard, Consultant, Leadership & Organization Development Practice Group, Hildebrandt International Alan Rifkin, Managing Partner, Rifkin, Livingston, Levitan & Silver Maria Roeper, JD/MPP Candidate, University of Maryland Regina Romero, Senior Fellow, James MacGregor Burns Academy of Leadership Karen Rothenberg, Dean and Marjorie Cook Professor of Law, University of Maryland School of Law Evangeline Sarda, Assistant Clinical Professor of Law, Boston College Law School Kurt Schmoke, Dean, Howard University School of Law; Former Mayor of Baltimore Fred Slabach, Director, Truman Scholars Program; former Dean, Texas Wesleyan Law School Georgia Sorenson, Founder and Director, James MacGregor Burns Academy of Leadership Donna Hill Staton, Adjunct Professor, University of Maryland School of Law; former Partner, Piper and Marbury LLC; former judge and Deputy Attorney General Marcus Wang, JD Candidate, University of Maryland School of Law Roger Wolf, Professor of Law and Director, Center for Dispute Resolution, University of Maryland School of Law 27 APPENDIX C University of Maryland School of Law Roundtable Agenda 8:00 – 8:45 Continental Breakfast 8:45 – 9:15 Welcome and Introductions by Maryland School of Law Dean Rothenberg and James MacGregor Burns Academy Director, Carol Pearson 9:15 – 9:45 Panel One (led by Dean Rothenberg) What are lawyers’ experiences and observations of leading change? Frank Burch, Joint CEO, DLA Piper Marcia Greenberg, Co-President and Founder, Women’s Law Center Kurt Schmoke, Dean, Howard University Law School and former Mayor of Baltimore Martha Bergmark, President and CEO, Mississippi Center for Justice 9:45 – 10:35 Small and large group discussions 10:35 – 10:50 Break 10:50 – 11:20 Panel Two (led by Bonnie Allen) What did lawyers learn or wish they had learned in law school to prepare them for leadership roles? Tom Perez, Maryland Secretary of Labor, Licensing and Regulation John Frisch, Chairman, Miles & Stockbridge Donna Hill Staton, Adjunct Professor, Maryland School of Law, former partner, DLA Piper, former judge, and Maryland Deputy Attorney General Alan Rifkin, Managing Partner, Rifkin, Livingston, Levitan & Silver 11:20 – 12:10 Small and large group discussions 12:10 – 1:10 Student Panel (led by Bonnie Allen) What do our current law students see as present or missing in the leadership dimensions of law school? 28 Maria Roeper, JD/MPP Candidate, University of Maryland Andrew Canter, JD Candidate, Stanford Law School, MPP, Harvard University Kennedy School Marcus Wang, JD Candidate, University of Maryland School of Law Annette Hollowell, JD Candidate, University of Mississippi School of Law 1:10 – 1:40 Panel Three (led by Maryland School of Law Academic Dean, Diane Hoffman) What content, skills and experiences should be part of a program on leadership in law school? Michael Kelly, Executive Director, National Senior Citizens Law Center and former Dean, Maryland School of Law Robert Gonzales, Former President of the Maryland State Bar and founder of the Bar’s Leadership Academy Donald Polden, Dean, Santa Clara University School of Law Karen Mathis, Partner, McElroy, Deutsch, Mulvaney & Carpenter and past President, American Bar Association 1:40 – 2:30 Small and large group discussions 2:30 – 2:45 Break 2:45 – 3:15 Panel Four (led by Carol Pearson, Director of the Burns Academy) What can other professional schools suggest to the legal academy in developing law school leadership programs? Georgia Sorenson, Founder, James MacGregor Burns Academy of Leadership David Mossbarger, Project Director, Regenstrief Institute, Indiana University School of Medicine Judy Brown, Senior Scholar, Burns Academy 3:15 – 4:10 What conclusions seem to be evident in what we heard today? Small and large group discussions 4:10 – 4:30 4:30 Wrap up and concluding remarks Reception 29 APPENDIX D Executive Core Qualifications Index Comments by Richard Couto, Senior Fellow, Burns Academy Richard Couto, Senior Fellow at the Burns Academy provided further detail on the Executive Core Qualifications and their place in the study of leadership: As public policy schools such as the University of Maryland explore how to meet the leadership education needs of federal public servants, one of their guidelines has been the Executive Core Qualifications (ECQ’s) which help define leadership competencies. The development of that index was initiated in 1992, with an Office of Personnel Management (OPM) survey of 10,000 federal executives and managers designed to elicit their opinions of the leadership competencies necessary to direct agencies successfully. By 1998, following some additional research, focus groups, and factor analysis, OPM grouped 27 competencies into the following six meta-competencies: Core; Leading Change; Leading People; Building Coalitions/Communications; Results Driven; and Business Acumen.38 This work established concepts and operational definitions of each competency of effective public leadership. Most of the 27 competencies are leader-centric in that they suggest a style or trait of a person such as creativity, flexibility or resilience. Other competencies reflect the recent emphases in leadership research on the reflexive nature of leadership – Developing Others, Team Building, Problem Solving, for example, and values-centric foci - Vision, Public Service Motivation, and Leveraging Diversity, for example. Thus the work of the OPM covers a range of recent and traditional approaches to leadership including an array of person, purpose, and process-centric models and theories in leadership research. As a result, the ECQs and competencies reflect a comprehensive approach to leadership. Some of them are technical – Business Acumen, for example, includes Financial Management and Technology Management. Increasingly, the research on scholarship combines these forms of competencies as expertise and managerial skills. In addition to the familiar technical skills associated with and expected of responsible, authoritative leadership positions, there are competencies that portray leadership as an art of adaptive work39 for public problem solving.40 These latter forms of leadership suggest the use of 38 *Carolotta Amaduzzi, Hur Hyunkang, and Niklaus Welter provided invaluable assistance in this research. Brigitte W. Schay. Development of a Leadership Curriculum Competency Model. Assessing Managerial Competencies. U.S. Office of Personnel Management (n.d.). http://www.napawash.org/pc_human_resources/OPM.pdf Retrieved from the worldwide web October 27, 2007. 39 Ronald Heifetz, Leadership Without Easy Answers. Cambridge, Mass. Belknap Press, 1994; “The Scholarly/Practical Challenge of Leadership,” in Richard A. Couto ed. Reflection on Leadership. University Press of American, 2007, pp. 31-44. 30 influence and persuasion rather than authority, participation rather than command-andcontrol, networks rather than hierarchies, and learning rather than expertise. Mary Ellen Joyce of the Brookings Institution compares OPM competencies with those of 24 other studies and in general substantiates OPM’s work.41 The table below presents 24 competencies of the adaptive work of leadership and OPM’s behavioral definitions. Synthesis of Leadership Meta-and Individual Competencies with Behavioral Definitions Leading Change 1. Creativity/Innovation 2. External Awareness 3. Flexibility 4. Resilience 5. Strategic Thinking Develops new insights into situations and applies innovative solutions to make organizational improvements; creates a work environment that encourages creative thinking and innovation; designs and implements new or cutting-edge programs/processes. Identifies and keeps current on key international policies and economic, political and social trends that affect the organization. Understands near-term and long- range plans and determines how to achieve the most advantageous competitive business advantage in a global economy. Is receptive to change and new information; adapts behavior and work methods in response to new information, changing conditions, or unexpected obstacles. Adjusts rapidly to new situations warranting attention, alteration and resolution. Anticipates and deals effectively with pressure; maintains focus and intensity and remains optimistic and persistent, even under adversity. Recovers quickly from setbacks. Effectively balances personal life and work. Formulates effective strategies consistent with the business and competitive strategy of the organization in a global economy. Considers policy issues and strategic planning from a long-range perspective. Determines objectives and sets priorities; anticipates potential threats or opportunities. 40 Barbara A. Crosby and John M. Bryson. Leadership for the Common Good: Tackling Public Problems 2nd ed. San Francisco: Jossey-Bass, 2005. 41 Mary Ellen Joyce, Developing 21st Century Public Leaders: Competency Based Executive Development. Dissertation, School of Business, George Washington University. Joyce used 27 competencies omitting emotional intelligence to create comparability of sets of competencies at the time of her study. 31 6. Vision Takes a long-term view and acts as a catalyst for organizational change; builds a shared vision with others. Influences others to translate vision into action. Leading People 1. Conflict Management 2. Leveraging Diversity 3. Developing Others 4. Team Building Results Driven 1. Accountability Identifies and takes steps to divert situations that might result in unpleasant confrontations. Manages and resolves conflicts and disagreements in a positive and constructive manner to minimize negative impact. Recruits, develops and retains a diverse, high-quality workforce in an equitable manner. Leads and manages an inclusive workplace that maximizes the talents of each person to achieve sound business results. Respects, understands, values and seeks out individual strengths and differences to achieve the vision and mission of the organization. Develops and uses measures and rewards to hold self and others accountable for achieving results that embody the principles of diversity. Develops the ability of others to perform and contribute to the organization by providing ongoing feedback and by providing opportunities to learn through formal and informal methods. Inspires, motivates, and guides others toward goal accomplishments. Consistently develops and sustains cooperative working relationships. Encourages and facilitates cooperation within the organization and with customer groups; fosters commitment, team spirit, pride, trust. Develops leadership in others through coaching, mentoring, rewarding and guiding employees. Assures that effective controls are developed and maintained ensuring the integrity of the organization. Holds self and others accountable for rules and responsibilities. Can be relied upon to ensure projects within areas of specific responsibility are completed in a timely manner and within budget. Monitors and evaluates plans, focuses on results and measuring attainment of outcomes. 32 2. Customer Service 3. Decisiveness 4. Entrepreneurship 5. Problem Solving Building Coalitions 1. Partnering 2. Political Savvy 3. Influence/Negotiating Balances interests of a variety of clients; readily readjusts priorities to respond to pressing and changing client demands. Anticipates and meets the needs of clients; achieves quality end-products; is committed to continuous improvement of services. Exercises good judgment by making sound and wellinformed decisions; perceives the impact and implications of decisions; makes effective and timely decisions, even when data are limited or solutions produce unpleasant consequences; is proactive and achievement oriented. Identifies opportunities to develop and market new products and services within or outside of the organization. Is willing to take reasonable risks; initiates actions that involve a deliberate risk to achieve a recognized benefit or advantage. Identifies and analyzes problems; distinguishes between relevant and irrelevant information to make logical decisions; provides solutions to individual and organization problems. Develops networks and builds alliances, engages in cross-functional activities; collaborates across boundaries, and finds common ground with a widening range of stakeholders. Utilizes contacts to build and strengthen internal support bases. Identifies the internal and external politics that affect the work of the organization. Approaches each problem situation with a clear perception of organizational and political reality; recognizes the consequences of alternative courses of action. Persuades others; builds consensus through give and take; elicits cooperation from others to obtain information and accomplish goals; facilitates “win-win” situations. 33 Core Competencies 1. Interpersonal Skills 2. Oral Communication 3. Continual Learning 4. Written Communication 5. Integrity/Honesty 6. Service Motivation Considers and responds appropriately to the needs, feelings, and capabilities of different people in different situations; is tactful, compassionate and sensitive, and treats others with respect. Makes clear and convincing oral presentations to individuals or groups, listens effectively and clarifies information as needed; facilitates an open exchange of ideas and fosters an atmosphere of open communication. Grasps the essentials of new information, masters new technical and business knowledge; recognizes own strengths and weaknesses; pursues self-development; seeks feedback from others and opportunities to master new knowledge. Expresses facts and ideas in writing in a clear, convincing, and organized manner. Instills mutual trust and confidence; creates a culture that fosters high standards of ethics; behaves in a fair and ethical manner towards others, and demonstrates a sense of personal and corporate responsibility and commitment to public service. Creates and sustains an organizational culture which permits others to provide the quality of service essential to high performance. Enables others to acquire the tools and support they need to perform well. Models a commitment to public service. Influences others toward a spirit of service and meaningful contributions to mission accomplishment. 34 APPENDIX E Co-Curricular Leadership Programs By Nina Harris, Assistant Director, Burns Academy Co-curricular leadership programs in higher education are a source of student knowledge and growth. They allow students to learn in ways not possible in the classroom while contributing to the benefit of the wider community. Students who take advantage of these programs gain insight into themselves and others, enabling them to build lasting relationships, enjoy college or professional school life more completely, and acquire valuable, practical experience. In law school settings, clinical programs, internships and externships provide excellent opportunities to integrate skills training and leadership development. This can combine theory and practice through reflection and “leadership in action” initiatives. The Burns Academy offers helpful examples to law schools of a variety of co-curricular Public Leadership [PL] Programs that: (1) promote academic excellence, integrity, critical thinking, and integrity through the development of interdisciplinary knowledge, skills and perspectives; (2) foster the development of a supportive and inclusive community of diverse students, faculty and staff; (3) enhance students’ intellectual and personal development through service, experiential learning and innovative curricular and co-curricular activities both on and off campus; and (4) contribute to student development as life-long leaders, citizens and scholars. Students are afforded a unique combination of curricular and co-curricular programs that serve to promote long-term civic engagement. Consistent with the mission and strategic plan of the University, one crucial mission of our Public Leadership programs is to advance the education of students to become civically engaged citizens, scholars and leaders in communities on campus, and in the state, nation and world. The pillars of the Academy’s model for developing students are: Giving students direct experience in shaping public policy Providing students the practical skills necessary to be effective in internships Exposing students to role models and opportunities for service in the public and non-profit sectors Creating opportunities to explore policy issues in a multi-disciplinary fashion Nurturing student leadership skills Encouraging students to develop and practice effective communication skills Bringing faculty and students together around important policy issues Encouraging students to pursue careers in public service The basic assumption of co-curricular PL program is that every individual has the capacity to lead. Students discover that they can take a direct hand in shaping and 35 influencing their world. Inquiries like: “What is leadership?” “Are leaders born or made?” “Does the concept of leadership differ in historical, institutional or cultural settings?” and “How do power and authority relate to leadership?” are central to this process. Students also examine how people are affected by public policy established by Congress, state and municipal governments, from the regulation of our financial institutions to the distribution of tax dollars to fund our schools, and to the impact of foreign policy on our everyday lives. An effective leader must understand the nature of public policy, how it is analyzed and developed, and the personalities and circumstances that influence its enactment. Participants in our co-curricular programs build their knowledge of the leadership process first upon a foundation of texts, literature and classroom dialogue. The students progressively apply their knowledge to evaluate leadership styles within the classroom setting and then in outside activities. T hey progress to the analysis and interpretation of leadership styles and challenges inherent in systems and organizations in the world around them. They are able to explain and discuss their personal understanding of leadership, evaluate leadership theories and their applicability in a particular situation, analyze leadership capabilities in others, and determine strengths and areas of needed improvement in themselves. Leadership cannot be exercised without attention to differences in race, gender, sexual orientation, or culture. Increasingly, organizational leaders realize this fact and seek employees who, in addition to their functional expertise, are diversity professionals. Diversity professionals are those who understand that differences in power, perspective and life experience can be marshaled for positive ends among members of a team only if those members understand and appreciate themselves and those with whom they work. Becoming educated about those who have a different life experience is an integral part of a co-curricular leadership learning experience. Students in our co-curricular leadership programs are also encouraged to develop their personal ethical framework as they accept leadership roles in their own lives. This seems especially important as we watch companies fail due to behavior that reflects a culture of greed, self-serving and questionable business practices. Students explore the relationship among leadership, values and ethics and learn to clarify their personal values and analyze current events through the lens of ethical decision-making. They begin to understand their role in the community as ethical leaders. Many of the Burns Academy’s programs focus upon service-learning and social justice by enlisting student leaders to work with young people in nearby communities. Unlike the customary understanding of “community service,” service-learning implies that the relationship between those “served” and those who “serve” is a reciprocal relationship that develops over time. Students work in small groups, designing and implementing projects to advance social change, thereby applying, practicing and enhancing their own understanding of leadership theory. They are asked to question, think critically, apply theory, analyze issues, research topics of interest, discuss difficult issues, and challenge long-held assumptions. 36 APPENDIX F Process Templates for Developing an Innovative Law School Leadership Program Each law school is unique in its history, environment, student body, resources, opportunities, and challenges. Any new leadership program must take into account the school’s legacy and traditions while helping reframe the future. The particular shape of a law school program will be unique, but Burns Academy Founder Georgia Sorenson here outlines a process template for creating the program’s architecture. Taking guidance from the development of the Burns Academy itself, she suggests that the necessary, collaborative work done in the beginning to define a program’s mission, niche, goals, and desired outcomes is well worth the effort. A program that aligns with the institution, the students’ needs and the faculty’s expertise that can add a values-based dimension (as well as a competitive advantage within the panoply of other law school programs) will be a successful enterprise. As an early entrant into the field of leadership studies, the Academy’s development may be instructive for those law schools that choose to be early entrants with an integrated, innovative leadership program. Its early mission statement: “to foster the next generation of women political leaders” was the product of a careful audit of the university system and the external environment that identified two distinct streams of need. It noted that in the early 1980s, the University of Maryland’s proximity to Washington, D.C. made it a natural setting for a program on political leadership. Additionally, at that time the University needed to demonstrate its commitment to hiring and retaining senior women administrators and faculty. The Project on Women and Politics (as the Academy was known initially) gave the University immediate and visible recognition in the area of women and leadership. The Academy later extended its mission statement to serve “especially those underrepresented in the political leadership process” to address the University’s need to respond to a lessthan perfect civil rights track record. The Academy’s strategy of careful and conscious alignment was particularly necessary for a “bottoms-up” program, that is, one developed by faculty, students and alumni who needed the approval of Deans, Presidents and Regents. “Top-down” programs initiated by Presidents or Deans require a different process that engages faculty and students. The second phase of the process is to visualize the program and develop a systems analysis of the current environment. Who are the natural allies, internal as well as external? How can interventions in external systems be balanced against interventions in internal systems? One must be sensitive to system feedback and be ready to take corrective actions. As support for the new program increases, it is imperative to build and maintain the base 37 of support among administrators, staff, students, faculty, legislators, media, elected officials, alumni, and funders. This will require a considerable amount of direct and personal communication. Nothing galvanizes support and enthusiasm for a new program idea like money. An early, unrestricted gift from a donor to the Academy attracted additional funding and support. Eventually, the Academy received many sizeable grants as well as state funding to help realize its vision, but that first unrestricted gift made the efforts credible and “real” in the University’s lexicon. Over time, the Academy faculty developed a range of coursework and programs, including co-curricular options. Dr. Nina Harris, Assistant Academy Director, outlines the benefits of a co-curricular leadership program in Appendix E. Dean Donald Polden of the Santa Clara University School of Law, spoke at the Maryland Roundtable on the topic of the goals, objectives and outcomes for leadership programs. He described the path of his institution and the four core principles of its emerging leadership program: 1. Mission-driven, because of the Jesuit philosophy cura personalis, care for and education of the whole person with attention to competence, compassion and competence. 2. Collaborative, with ties to the Center for Applied Ethics and the business school. Particularly noteworthy is the collaboration with the business school where Dean Barry Posner and his co-author James Kouzes have made highly visible contributions to the field of leadership studies and offer a framework that fits the institution. 3. Built on existing interest and talent, in this instance inspired by a course developed by a prominent California attorney who had taught at the law school for several years and proposed the idea of a course on leadership for lawyers. The course now has a substantial following of law students. 4. Guided and overseen by a core team. In his previously cited Toledo Law Review article “Educating Law Students For Leadership Roles and Responsibilities,” Dean Polden adds that “The development of This leadership program reflects our belief that leadership is a key skill that lawyers need to possess and demonstrate and that such a program can be taught in the law school context. The focus on leadership as a fundamental lawyering skill is consistent with national trends to rededicate the law school educational mission to the development of lawyering skills and values in young lawyers.” APPENDIX G 38 About the Authors Judy Sorum Brown is an independent educator, speaker, consultant, poet and writer whose work in organizations revolves around themes of leadership, change, learning, reflection, dialogue, creativity, diversity, and renewal. She holds a Ph.D. in Comparative Literature from Michigan State University, and has served as a White House Fellow, Special Assistant to the U.S. Secretary of Labor, Chief Financial Officer, Assistant Dean and Director of Executive Programs of the College of Business and Management at the University of Maryland, and Vice President for Seminars and Cooperative Programs of the Aspen Institute. Dr. Brown teaches leadership in the graduate School of Public Policy at the University of Maryland and is a Senior Scholar at the James MacGregor Burns Academy of Leadership. She is affiliated with the University’s National Center for Smart Growth Research and Education and is also associated with the University’s Center for Public Policy and Private Enterprise. Her newest book is A Leader’s Guide to Reflective Practice (2006), Trafford Publishing. Dr. Brown can be contacted at JudyBrown@aol.com. Bonnie Allen is an attorney, educator and non-profit consultant who works at the intersection of social change, education, leadership development, and fund development. Based in Mississippi, Ms. Allen serves as Director of Training and Foundation Development at the Mississippi Center for Justice. She also consults with the Mississippi Access to Justice Commission and the Mississippi Volunteer Lawyers Project. In addition, she is a clinical law instructor at the University of Maryland School of Law, where she helped launch the LEAD Initiative and teaches in the Mississippi Summer Recovering Communities Clinic. Previously, Ms. Allen served as President of the Center for Law & Renewal, based at the Fetzer Institute, President of Just Neighbors Immigrant Ministry, Inc., Co-Director of the Project for the Future of Equal Justice at the National Legal Aid and Defender Association, and Director of the American Bar Association’s Center for Pro Bono. Ms. Allen is a Senior Fellow at the James MacGregor Burns Academy of Leadership. She holds a J.D. degree from the University of Florida College of Law and a Master’s degree in Theological Studies from Garrett-Evangelical Theological Seminary. She coauthored and edited the book Shifting the Field of Law and Justice: Reshaping the Lawyer’s Identity, published in 2007 by the Center for Law & Renewal. Ms. Allen can be contacted at bonnieallen@lawleadership.org. 39 BIBLIOGRAPHY Allen, Bonnie and Linda Hager and Renee Floyd Myers, ed. Shifting the Field of Law and Justice. Kalamazoo, Michigan: Center for Law & Renewal, 2007. Ancona, Deborah G. “Leadership in an Age of Uncertainty.” Massachusetts Institute of Technology Sloan Leadership Center Research Brief. Cambridge, Massachusetts, 2005. http://sloanleadership.mit.edu. Ancona, Deborah G. and Thomas W. Malone, Wanda J. Orlikowski and Peter M. Senge. “In Praise of the Incomplete Leader.” Harvard Business Review. 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