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Articles 1 - 6 of 6
Full-Text Articles in Law
Mindful Lawyering: A Pilot Study On Mindfulness Training For Law Students, Clifford Rosky, R. Lynae Roberts, Adam W. Hanley, Eric L. Garland
Mindful Lawyering: A Pilot Study On Mindfulness Training For Law Students, Clifford Rosky, R. Lynae Roberts, Adam W. Hanley, Eric L. Garland
Utah Law Faculty Scholarship
Many US law schools are now offering elective courses in mindfulness training to alleviate disproportionately high levels of anxiety, depression, stress, and disordered alcohol use among law students. To date, empirical evidence on the effectiveness of these courses has been lacking. The aim of this pilot study was to explore the feasibility and impact of a 13-week mindfulness course, "Mindful Lawyering," specifically tailored to law students. The primary hypothesis was that mindfulness training would be significantly correlated with improvements in well-being and mindfulness.
Law Talk In A Brief Advice Clinic, Linda F. Smith
Law Talk In A Brief Advice Clinic, Linda F. Smith
Utah Law Faculty Scholarship
Over three decades ago, Sarat and Felstiner published a ground-breaking ethnographic study of divorce client-lawyer conversations. They concluded that lawyers portrayed "a chaotic 'anti-system' in which [clients] cannot rely on the technical proficiency, or good faith, of judges and rival lawyers" but need to rely on their own lawyers' insider status to achieve reasonable outcomes.1 Although lawyers initially described the law and procedure to their clients, they rarely referenced that rational description when explaining what had occurred or would occur in their clients' cases. This law talk may have gradually and ultimately persuaded the clients to reach reasonable settlements, but …
Professional Identity Formation Through Pro Bono Revealed Through Conversation Analysis, Linda F. Smith
Professional Identity Formation Through Pro Bono Revealed Through Conversation Analysis, Linda F. Smith
Utah Law Faculty Scholarship
Law school is supposed to teach legal analysis and lawyering skills as well as mold law students’ professional identities. Pro Bono work provides an opportunity for law students to use their legal knowledge and skills and to develop their identities as emerging legal professionals. As important as both pro bono work and identity formation are, there has been very little research regarding how pro bono contributes to students’ identity formation. This paper utilizes a data set of over forty student-client consultations at a pro bono brief advice clinic that have been recorded and transcribed. It uses conversation analysis to study …
Learning From Our Mistakes: Conversation Analysis Reveals Best Practices For A Student-Staffed Pro Bono Project, Linda F. Smith
Learning From Our Mistakes: Conversation Analysis Reveals Best Practices For A Student-Staffed Pro Bono Project, Linda F. Smith
Utah Law Faculty Scholarship
Law schools make “pro bono” opportunities available to students to introduce them to the responsibilities of the profession. Often these pro bono law students help in “brief advice” projects staffed by volunteer attorneys. This staffing-supervision structure presents challenges in ensuring clients receive competent, individualized advice and the students receive adequate oversight so that this is a positive learning experience for them. This paper analyzes transcripts from 46 recorded student-client interviews and 35 student-attorney consultations. It focuses on those cases where there were “errors or omissions” -- either the client got some erroneous advice or the client did not receive complete, …
The Drive To Advise: A Study Of Law Students At A Pro Bono Brief Advice Project, Linda F. Smith
The Drive To Advise: A Study Of Law Students At A Pro Bono Brief Advice Project, Linda F. Smith
Utah Law Faculty Scholarship
Law school aims to teach lawyering skills as well as legal analysis. While all students must acquire the skills of legal analysis, research and writing, law schools may decide what other skills to teach. Students also acquire skills and habits in informal ways, through clerkship experiences or pro bono volunteer work. However, there has been almost no study of what “skills” students pick up in these informal ways, and whether there are skills that would better be learned as part of the curriculum. This study looks at the skill of legal interviewing employed by students in a pro bono brief …
Drinking From A Firehose: Conversation Analysis Of Consultations In A Brief Advice Clinic, Linda F. Smith
Drinking From A Firehose: Conversation Analysis Of Consultations In A Brief Advice Clinic, Linda F. Smith
Utah Law Faculty Scholarship
This article concerns the important issues of access to justice and practical lawyering skills. Clients are representing themselves in family law matters in ever increasing numbers. Courts, bar groups, nonprofits and law schools have responded by offering “brief advice” clinics. How well these clinics operate can significantly influence the public’s access to justice. This article analyses actual consultations in a brief advice clinic relying upon transcriptions of recordings and using conversation analysis techniques. This analysis demonstrates that the matters brought to the clinic are not “simple” ones where legal representation is not needed. These clients are facing serious problems from …