Leadership for Lawyers

Teaching Lawyers to be Leaders and Innovators

A.  Purpose

The purpose of this skills-oriented class will be to encourage and develop Santa Clara Law Students for leadership positions in their roles as Lawyers and members of society. Lawyers, more frequently than any other profession, take on many leadership roles in society, from members of state and local governing bodies, to members of Congress, to representation on non-profit boards. Yet lawyers have little or no training in good leadership skills. The role of a lawyer as a creative, effective and ethical contributor to society is an important one. The late John Gardner, Stanford Professor, Secretary of Health, Education and Welfare under President Johnson and the founder of Common Cause, stated there are four goals of moral leadership.

  1. Releasing human potential
  2. Balancing the needs of the individual and the community
  3. Defending the fundamental values of the community
  4. Instilling in individuals a sense of initiative and responsibility

As pointed out by Santa Clara’s own Leadership Educator, Barry Posner, “It is our collective task to liberate the leader within each and every one of us… it is possible for everyone to lead” (The Leadership Challenge). One of the fundamental insights established by the leadership research is that leadership can be taught. Ordinary people can do extraordinary things. They contribute to their organizations and society in valuable ways. It should be the job of legal education to give our students the tools to make positive change and to become effective leaders.

The class will build on the Mission Statement of SCU Law School by implementing the vision that one of the purposes of a legal education is to develop leaders. Most importantly, this course has its foundation in the tradition of academic leadership at SCU Law School, which is to direct our students to a higher purpose; to provide them with an ethical prospective of contributing to the legal system in which they will work and in the communities in which they live. The course will continue to develop our students as Leaders in the community and help in fulfilling the Mission of the Law School and its dedication to:

  1. The training of lawyers with uncompromising standards of excellence in service to their clients and to society;
  2. An emphasis on ethical considerations in the legal process;
  3. A diverse community of men and women devoted to freedom of inquiry and freedom of expression;
  4. Excellence in teaching and scholarly research;
  5. A balance of the rigorous and the humane in student-teacher relationships;
  6. A curriculum addressing the fundamental demands of law practice and the evolving needs of society;
  7. Endeavors outside the University that reflect high moral standards and professional excellence. (Mission Statement of Santa Clara Law School).

This class will focus on:

  1. Providing a basic understanding of the primary leadership theories that exist.
  2. Studying legal and ethical issues that arise in current public and private situations. (Private; Public – Government, Legislative, Executive and Judicial Leadership)
  3. Studying Lawyers, as role models, who have created positive change.
    • Public Leadership – Lincoln, Gandhi, and modern day lawyers
    • Civil Rights – examples: Thurgood Marshall
    • Entrepreneurial Lawyers and Leadership
    • Judicial Leadership
    • Non-Profit Legal Leadership
      • The use of law and institutions for positive change
      • Board leadership
      • Social entrepreneurship
  4. Developing student leadership skills and styles with exercises and skill assessment.
  5. Equipping students to be strong leaders.

B. Course Specifics

The class, Leadership for Lawyers, will be given as a credit/no credit 2 unit class. It will be similar to other skill based courses, such as Negotiations, where there are lectures, Guest Speakers, as well as exercises and skill building evaluations. It will also be required that the students draft a series of short papers or commentaries regarding their own skill development in areas which will include: communication, influencing others, decisions making, creative thinking and team building.

C. Texts, Articles and Publications

The class material will be unique. We will use The Leading Lawyer, by Robert Cullen and  extensive academic and scholarly literature on the issue of leadership. The materials will cover topics in primarily in five areas:

  1. Leadership Theories and Models
  2. Development of Leadership Skills
  3. The Role of Lawyers as Leaders
  4. Profiles of Lawyers, as Leaders, who have created positive change.
  5. Ethics

Syllabus

Professor Robert W. Cullen
Course 521 – Spring 2015
(408) 674-5647
rcullen@scu.edu.com

LEADERSHIP FOR LAWYERS

I. Overview

The goal of this course is to improve both your understanding of leadership principles and your effectiveness as a leader. The learning that occurs in the class will be highly dependent upon the contributions of each and every member. We will approach learning in several different ways, including lecture, case studies, experiential activities, guest speakers, exercises, and writing. Because so much of what you and your colleagues’ learn depends on you, it is important that you prepare and participate fully.

II. Course Materials

  1. Leadership, Enhancing the Lessons of Experience
  2. The Leading Lawyer, Cullen
  3. Various Additional Readings on Clara Net (claranet.scu.edu)
  4. Leadership for Lawyers Class Site (www.leadership4lawyers.com)

III. Course Requirements

  1. Attendance and Preparation: Your attendance and preparation are critical in the course. It will be important to come to class prepared and to actively participate in discussions. This will provide the most benefit to you and your classmates.
  2. Participation: This is a discussion course and it will be helpful if everyone participates. Also, if you have creative ideas on how to explore the materials and subject matter in an interesting and entertaining way, please let me know.
  3. Policy on Laptop use in Class: Given the nature of this course, laptops are not to be used in class unless specifically authorized on a particular day. A laptop can be used by the student assigned taking notes.
  4. Requirements:
    • Take extensive notes on one class for the class website: Each student will take well organized notes for one class, work with one or two others for that class, summarize the notes and e-mail them to Wilma Bennett wbennett@jsilogistics.comto be posted on the L4L class website. There will be 13 classes for note taking. The objective is to maintain a complete record of the notes from each class. Class notes MUST be written within 6 days after the class (before the next class), and then e-mailed to Wilma. Notes should contain the following:
      • topics discussed in class
      • an outline or summary of the information presented
      • lessons learned
    • Personal Best Leadership Case: Write a Personal Best Leadership Case, and take the Leadership Practices Inventory (LPI) developed by Kouzes and Posner.
    • Take several assessments: Kiersey, Strengths Indicator and others.
    • In a group setting with 4-5 others, you will complete a class project. This can be an individual or group project where 4-5 students will actually perform a project for the benefit of a non profit or some other organization. You may have a cause of great personal interest, or you may plan one brainstorming sessions with classmates.
    • Draft a summary of the Project and give a presentation.
  • Over the semester you will identify your leadership topic, collect new data on that topic, analyze the data, and write-up the results of your project. The written report will prompt you to consolidate your learning and begin to put your data and ideas into a format that enables them to have impact in the legal world and/or in the world of leadership studies. Our final class sessions will be devoted to project presentations at which time you will have the opportunity to orally present highlights of your research project and your findings.
    • If we have time—Each student must give their Elevator Speech or Give A Two minute Informational, Motivational or Persuasive Speech to the Class

IV. Grading

This is a Credit/No Credit class. However, you will need to participate in each of these areas in order to obtain credit for this class: class participation (1/3); class presentation and note taking (1/3); and your leadership paper (1/3).

Week 1: January 15, 2014

Introduction to Leadership

  1. Class Introductions
    • Name, experience, aspirations
    • Leader who has had impact on your life & why
  2. What is Leadership?
    • Group brainstorm list of Great Attorney Traits
    • Group brainstorm list of Leadership Traits
    • Group Brainstorm list of Skills for Attorneys
    • Group Brainstorm list of Skills for Leaders
    • Small groups work in definition of Leadership – NOT LIST OF TRAITS
    • Leadership is the ability to…
    • Groups then report back to the larger group
    • Look for similarities and differences among the definitions
  3. Who do we Lead?
    • Leadership of Self
    • Leadership of Others
    • Leadership of Organizations
    • Leadership in our Communities and Society
  4. Win as much as you can—Exercise
  5. The Leadership Model:
    • Vision
    • Share Vision, Innovate, Clarify
    • Plan, Align, Set Standards, Goals, Communicate and Take ACTION
    • Collaborate, Include, Persuade, Communicate even more
    • Focus on Performance, Develop People and Process, Learn, Improve Change Management, Measure
    • Reassess, Adjust, Reaffirm, Realign, Improve Vision
  6. Class Assignments:
    • Class Project—and final presentation
    • Assessments
    • Resume
    • LinkedIn profile
    • Note taking
    • Laptop policy
    • Journal—3S

Week 2: January 22, 2014

Leadership Introduction

  1. Introduction to Leadership for Lawyers
    • Read: Chapter One –The Leading Lawyer
    • Read: Chapter One — Leadership Textbook
  2. Assignments—Leadership of Self

Week 3: January 29, 2014

Vision

  1. Self Leadership: What is your vision
  1. Leadership of Organizations: Developing a Shared Vision
    • Read: Leadership Text Chapter 16- 657-661
    • Read: Strategies for Creating a Shared Vision-Drop Box
    • Class Assignment: Create a Firm Mission Statement
  1. Continue Discussion: Projects—Pick teams and begin an action plan

Week 4 February

Self Leadership — Leadership Frameworks

  1. Leadership Development
  2. Read Leadership Text: Chapter 2
  3. Read Chapter  2 and 3 Cullen
  4. Read:  SCU Competency Model—Drop Box
  5. Leading Self – Competencies
    • Professionalism
    • Continuous Learning—Professional Development
    • Strive for Excellence
    • Taking Action
    • Self Motivation
    • Perseverance- Grit
    • Entrepreneurship
    • Innovation
  6. Leadership Frameworks
    • Read Leadership Text Book 188-192; 201-210

Week 5 February

  1. Team Work
    • Read:  Cullen Book Chapter 7
    • Read: Speed Read/Skim Leadership Text Chapter 10 and Read pages 448-462
  1. Communication and Persuasion
    • Cullen Chapter 6
    • Art of Persuasion in Drop Box
    • Persuasion- Caldini in Drip Box
    • Assignment Take the Influence Strategies Exercise on Claranet – Chart it and come prepared to talk about it.

Week 6: Feb 19

Challenging the Process and Leading Change

  1.  Challenge the Process
    • Read: Thurgood Marshall Article Chapter 20
    • Leading Change  by Kotter
    • What Leaders Really Do  by Kotter 

Week 7:  Feb 26

Lead by Example

  1. Read the Gandhi Case Study
  2. Be Prepared to discuss the Case

Networking

  1. How Leaders Use and Create Net works
  2. Social Networking for Lawyers

March 5th Spring Break

Week 8: March 12th

  1. Lead by Example and Networking continued

Week 9: March 19th: Communication and Persuasion

  1. Take the Influence Questionnaire and Assessment—come prepared to talk about it.
  2. Read the Influence Strategies Work book.
  3. Read the Necessary Art of Persuasion– by Jay Conger.

Week 10: March 26th:  Guest – Judge Peter Kirwan

Week 11: April 2nd

Leaders as Decision Makers– Empowerment

  1. Read Deborah Rhode –  Chapter 3 –Leadership—Decision Making
  2. Empowerment:  The Empowering Principal–International Journal of Teacher Leadership Volume 2, Number 2, Winter 2009

Week 12: April 9 

Innovation and Entrepreneurship

  1. An Exploration of Social Entrepreneurship–Asian Social Science Vol. 6, No. 6; June 2010
  2. Innovators DNA– Jeffrey H. Dyer, Hal B. Gregersen, Clayton M. Christensen- HBR 2010

Week 13:   April 16

Innovation – Creative Thinking and Design Thinking for Lawyers

  1. Skim: Design Thinking for Tool kit Educators
  2. Read: Design Thinking for Social Innovation
  3. Read: HBR Design Thinking
  4. Design Thinking for Lawyers

Week 14:  April 23, 2014

  1. Class Presentations on Projects
  2. Read:  How will you Measure Your life?  April 23

Negotiation for Lawyers

Course Description

I. Overview

The goal of this course is to improve both your understanding of negotiation and your effectiveness as a negotiator.  Within class, you’ll spend a significant amount of time in simulated negotiation role plays.  Homework will typically consist of preparing for the next class negotiation, assigned readings and writing a journal entry.  There will be no final exam.  You will be graded on your negotiation preparation outlines and your journal entries.

II. Course Materials

1. Bargaining for Advantage: Negotiation Strategies for Reasonable People by G. Richard Shell
2. Lawyer Negotiation: Theory, Practice and Law by Jay Folberg and Dwight Golann
3. Various Additional Readings

III.    Simulated Negotiation Exercises

At the end of many classes, I will distribute simulated negotiation role play exercises for the following class.  These will have different roles for different people.  You will receive role play materials and confidential instructions.  Do not share the confidential instructions with other students.

IV. Course Requirements

  1. Attendance and Preparation. Your attendance and preparation are critical in the course.  In many classes, you’ll be paired to negotiate with other students. It will be important to come to class prepared to negotiate.  This will provide the most benefit to you in your partner.  You will have to prepare a negotiation outline for each negotiation that will be graded.
  2. Good Faith Effort.  Learning to be a better negotiator is not something can be simply taught to you.  You must work at it to improve.  A good-faith effort is important to you and your classmate’s learning experience.
  3. Participation.  This is a discussion course and it will be helpful if everyone participates.  Also, if you have creative ideas on how to explore the materials and subject matter in an interesting and entertaining way, please let me know. You will have to negotiate all of the exercises unless you have an excuse for missing one in order to get a passing grade.
  4. Requirements. 

Journals.  You will be required to keep a journal and make journal entries over the course of the semester.  You will be graded on your preparation sheet and your journal entries.  You need to start a journal and keep it in a 3 hole binder.   These entries will need to be typed and turned in on 3 hole paper in your binder.  (I have allowed hand written entireties in the past..  sorry, it did not work).  In the journals, you’ll prepare your negotiations in writing, develop ideas and reflect upon negotiations for the week.  Entries into the journals should be made weekly and will be turned in every few weeks.

Negotiation Binder.  One of the goals of the class will be for you to develop checklists, preparation outlines, useful articles and documents that you can use in your future career.  You will be asked to collect these helpful documents, articles, and any additional written information and organize them into a Negotiation binder.  You will submit this binder at the end of class.

V. Grading:
This class will be graded.  You will be graded on your preparation outlines and your journal entries.

Assignments- Negotiations

Week 1: Introduction

  1. Exercise (#1): Win as Much as You Can – No journal entries
  2. Class Framework
  3. Class Assignments
  4. General Introduction to Negotiation
  5. Review — Materials for 2nd and 3rd  Week session with Judge Kirwan
  6. Truck Exercise- Assignment for 1-28
  7. Journal Entries– read Journal Entries Document on Good Drive
  8. All negotiations must have a preparation sheet– choose one you like from Google Drive
  9. Class Project – Paper or something else?

Week 2Conflict Resolution- Mediation- Judge Kirwan

  1. Conflict and Dispute Resolution– Different Forms– Pros and Cons of each
    1. Read Mediation Case Book pages 1-48 — In Google Docs — General Section
    2. Assignment — given out by Judge Kirwan

Week 3Conflict Resolution Mediation- Judge Kirwan–

  1. Overview of Mediation Process–
    1. Read Mediation Case Book– pages 49-74 in Google Docs
    2. Assignment Due today Assignment #1
    3. Divide up class in pairs– for Truck exercise #1 negotiation– next Week–


Week 4: Negotiation and Conflict; Perceptions, Fairness and Settlement Psychology  

  1. Lawyer Negotiation: Chapter 1 pages 1-9;
  2. Lawyer Negotiation: Chapter 2 pages 15-44
  3. Bargaining Styles Appendix A: in back of Bargaining for Advantage—Take that easy test.
  4. Journal Entry (Assignment #2) (no relation to the exercise) — Write in your journal about the test and how you need to take into consideration your tendencies. You have negotiated all your life: How have your tendencies affected your past negotiations (family, friends, jobs, teachers and business). What is your negotiation style?
  5. Prepare for Negotiation – Truck exercise #2. What is important to know, to understand before the negotiation and how do you prepare for a negotiation?
  6. Post negotiation entry for Truck Exercise (#2).
  7. Pass out Sally Swansong (#3 negotiation)-Prepare to Negotiate this next week. Use a preparation checklist.

Week 5: Problem Solving Models- Creativity

  1. Lawyer Negotiation: Chapter 3 pages 45-73
  2. Lawyer Negotiation: Chapter 4 pages 75-99
  3. Preparation for Sally Swansong (#3) —Prepare for the Sally Swansong negotiation. Use a negotiation checklist. Bargaining for Advantage– Appendix B. Write an entry about the preparation. Offer… Demand… Items to trade and strategy. Most important: look for mutual benefits and joint gains. What can be done which would help both parties?
  4. Negotiate Sally (#3) Journal Entry (#3)–. What do you need to do in the future to improve? How did the negotiation go?

Week 6:  Negotiation Planning; Goals and Authoritative Standards

  1. Lawyer Negotiation Chapter 5 pages 101-114
  2. Bargaining for Advantage: 27-57
  3. Negotiate Easy Garage(#4)
  4. Preparations for Easy Garage — #4.
  5. Journal entry #4
  6. Binders with all entries to date due in 1 week.

Week 7:  Negotiation Planning and Preparation; Interests, Relationships and Leverage

  1. Bargaining for Advantage: 77-137
  2. Negotiate Betty v James (#5) look at General Information for both. Then the confidential information for your party.  Do not read Judges information Preparation #5
  3. Journal Entry (#5) How did the negotiation go? Areas of success, areas of improvement? Are you using competitive or problem solving techniques?
  4. Binders are due today with entries #1-4 and prep for Betty v James.


Week 8:  Persuasion

  1. Lawyer Negotiation — Chapter 6
  2. Prepare Cubit negotiation (#6) and preparation sheet Journal entry (#6).
  3. How can you improve? How did it go? What type of negotiation? What tactics did you choose? Journal entry (#6)


Week 9: Ethics

  1. Bargaining for Advantage 138-155
  2. Ethics — Lawyer Negotiation — Chapter 10
  3. Prepare Betty v. James (#7) and preparation sheet Journal entry (#7).
  4. How can you improve? How did I go? What type of negotiation? What tactics did you choose? Journal entry (#7)


Week 10: Competitive Bargaining

  1. Broken Bench Negotiation
  2. Prepare for Negotiation (#8)
  3. Post negotiation Journal entry (#8)
  4. Lawyer Negotiation Chapter 7


Week 11: Telephone- E-Mail and Cyber Negotiations

  1. Lawyer Negotiation Chapter 8   
  2. Power Screen  (exercise #9)
  3. How did the negotiation go? How can you improve? (Journal entry #9)

Week 12: Gender, Culture and Race

  1. Lawyer Negotiation Chapter 9
  2. Negotiate Claudia v PMG (exercise #10)  Prepare for #10
  3. Prep for Claudia  #10 – Journal entry
  4. Journal entry for Gender Issues (please disregard the numbers– Just call this Journal entry for Gender Issues– )  What are your experiences with respect to gender issues in negotiations? Are there differences in style, tactics and attitudes? What about cultural issues? Are there differences in styles? Do you think you understand other cultures well? The other Gender.

Week 13: Continued: Gender Culture and Race; Emotional IQ

  1. Prepare and Negotiate the Criminal Case — Journal entry for prep and post negotiation (#11)
  2. Read pages 227-255 in Lawyer Negotiation Book


Week 14: Multi Party Negotiations

  1. Lawyer Negotiation pages 367-402
  2. Harborco Exercise – This is a 6 party negotiation. Preparation and post negotiation entries (#12).

Week 15: Last Class: Turn in Binders

Buy it now!

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“The Leading Lawyer, a Guide to Practicing Law and Leadership”  – Robert Cullen

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