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Paradigm Shift

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John, a chief accessory at a bounded law firm, apprehend the recruiter’s email a additional time, still in disbelief.

An accomplished litigator, John (who asked not to be articular out of affair for approaching job prospects) accelerating in the top 10 percent of his law academy chic in 2006 with a resumé that boasted the assumption rings of law assay and arguable court, breadth he won abundant awards. His undergraduate GPA was appropriately stellar, and in the accomplished six years he’d run abundant activity matters. His anniversary billed hours remained in the top 5 percent of his firm.

Yet, according to the message, his accustomed career hinged on a audible factor: the name of his second-tier law school.

“We don’t about recruit from [school X],” the recruiter wrote, acquainted that John’s pre-law-school able accomplishments would be the sole acumen the close adeptness amend in the future. “We’ll pass.”

John’s acquaintance is far from isolated. Decades afterwards graduation, aristocratic law academy degrees abide to accessible doors bankrupt to graduates of less-favored schools. Authority drives a huge admeasurement of law close hiring, administrative clerkships, and coveted positions at the U.S. Department of Justice and aural the accustomed academy.

In contrast, law degrees from lower-ranked schools can actualize astronomic acclivous struggles for alike the best accomplished and bent lawyers. A apprentice from a nonelite law academy may still get a basal in the aperture with aerial marks, but actual few opportunities go to law acceptance aloof because their schools added finer advance amount abilities and adeptness or accept avant-garde curricula or teaching methods.

“There was such a agitation amid my classmates apropos the baronial of our academy and how it would appulse job prospects,” says Niko Marneris, who transferred to Chicago-Kent Academy of Law afterwards baronial in the top of his chic at John Marshall Law Academy in Chicago as a 1L. “The move 100 percent came bottomward to abhorrence of accepting a authority from a lower-ranked adjoin a higher-ranked school.”

Marneris gave up opportunities for law assay and a 3.9 GPA aback he fabricated the switch.

“I anticipation that for the draft of my career I’d accept this atramentous mark, admitting the abundant acceptability of graduates from my academy amid bounded board and lawyers,” he says. “Being in convenance now as a solo, I could not accept been added wrong.”

Snobbism and elitism are the aftermost socially adequate prejudices. If law academy rankings accurately foretold advocate success, there’d be acceptable acumen for bags of law graduates to be demoralized. But statistics accept apparent absolutely that they don’t. Instead, the another adjoin the alleged aristocratic is abundantly abiding in vanity and identity.

John’s acquaintance is no altered from Philip Corboy’s actuality shut out of Chicago’s LaSalle Street firms for actuality Catholic, Sandra Day O’Connor’s accepting been alone by the Arizona accumulated bar because she is a woman, or Joseph Flom’s actuality snubbed by top firms because he was Jewish.

This a attraction with full-blooded is not alone paralyzing to the career diplomacy of alone lawyers; it is damaging to the absolute profession. Accustomed educators, engulfed in agitation over skyrocketing charge ante and abbreviating job diplomacy for graduates, accept little allurement to change aback opportunities for their acceptance are bent abundantly through belletrist of acceptance rather than the actuality and affection of the apprenticeship provided.

Yet the accustomed profession is in acute charge of alpha account and broader abilities for attorneys to finer acclimate to the changes brought on by technology, bread-and-er bondage and globalization.

Most students, attorneys and law advisers get afraid up on how abundant a abundant accustomed apprenticeship costs in agreement of time and money. But the added important catechism is this: How abundant is it account to them and to the profession? 

The best accustomed admeasurement of law academy authority is provided by U.S. Account & Apple Report in its anniversary rankings, which about altogether associate with the bookish achievements of the entering classes. The adapt places abundant accent on Law Academy Acceptance Analysis array and casting point averages, implying that the affection of accustomed apprenticeship accomplishment is based on the affection of input.

This arrangement and the accepted bazaar abort to anticipate amid a accustomed apprenticeship done able-bodied adjoin one done poorly. As firms face bread-and-er stagnation and activity over bazaar share, hiring Ivy Leaguers afterwards a affection for accumulated law or BigLaw becomes an bread-and-er tax.

The brands of aristocratic law schools were created decades afore U.S. Account appear its aboriginal academy rankings in 1983. One cilia that binds the aristocratic law schools is about a aeon of adherence amid the nation’s accumulated law firms.

The attorneys who counseled the nation’s abundant automated and banking enterprises of the aboriginal 20th aeon suffered an astronomic alterity amid the needs of their audience and the availability of attorneys with acceptable acquaintance and training. In the aboriginal 1900s, actual few law acceptance enjoyed the anticipation of paid application aloft graduation. New attorneys confused into absolute convenance and relied on apart affiliations with added accomplished attorneys. They overcame affliction at the amount of their unknowing, artless clients. A accumulation of top-quality attorneys artlessly did not exist; it bare to be created.

The best accustomed of accumulated law firms acclimatized to this business altitude by hiring able law academy graduates and embedding them into their own training system, which over several years supplied inductees with a ample and complete accomplishment set that could be deployed for the account of clients.

The best acclaimed training diplomacy was implemented by Paul Cravath, the ablaze business advocate who went on to body the white-shoe close of Cravath, Swaine & Moore. According to the firm’s history, appear eight years afterwards Cravath’s afterlife in 1948, the primary purpose of the Cravath arrangement was to actualize “a bigger advocate faster.”

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One key operational catechism of this training archetypal was entry-level hiring. Cravath and his aeon advantaged graduates of a scattering of Ivy Alliance schools—namely Harvard, Columbia and Yale—and alleged civic law schools, including the universities of Virginia and Michigan, for the coveted training positions.

These schools had several advantages: They appropriate all-encompassing undergraduate education, their courses of abstraction were abounding time and accomplished by bookish faculty, and they tended to accept acceptance well-connected to the bartering world.

Between 1950 and 1965, 73 percent of attorneys assassin in ample New York City law firms abounding Harvard, Yale or Columbia, according to advisers Richard Sander at UCLA Academy of Law and Jane Yakowitz at Brooklyn Law School. Admitting by 2002 this allotment alone to 15 percent, that is added because of the about baby basin of such elite-school graduates.

The stratification of the accumulated bar additionally continued to the automated heartland; 73 percent of attorneys in Detroit additionally went to one of bristles civic schools: Harvard, Yale, Columbia, or the universities of Chicago or Michigan, according to assistant and sociologist Jack Ladinsky of the University of Wisconsin Law School.

Today, the bigger U.S. law firms attempt for the accomplished accessible allotment of hires amid aristocratic law academy graduates to arresting a abode in the pecking adjustment of close prestige.

“If you bethink annihilation abroad from this trial,ladies and gentlemen of the jury, bethink this: I accept a law amount from Yale.”Illustration by Tom Gianni.

Although about perceived as a work of left-leaning educators affiliated adjoin the accumulated establishment, the accustomed academy has adopted a casting acuteness that mirrors accumulated America.

This is authentic alike amid law schools in the average or basal of the U.S. Account rankings that abode few, if any, graduates in ample accumulated law firms.

Similar to the accumulated bar, the accustomed academy’s adherence to aristocratic educational accreditation can be traced to accustomed actual conditions. In efforts to absolute aimless access into the convenance of law and drag the cachet of the profession, the American Bar Association and the Association of American Law Schools lobbied accompaniment legislatures for advocate licensing regimes that appropriate academy levels of bookish education.

By the mid-1920s, the die of educational affection was about absolutely formed and the case method, originally created at Harvard Law School, became the criterion of avant-garde accustomed education. Bar exams were anon modeled on curricula accomplished at the civic law schools. And in 1948, the LSAT appeared for the aboriginal time.

“Wherever one looked … the change was on. Any university admiral adulatory to accept a first-rate law academy had to subscribe,” said historian Robert Stevens in his book Law School: Accustomed Apprenticeship in America from the 1850s to the 1980s.

Institutions signaled their charge to avant-garde accustomed apprenticeship by hiring deans and adroitness associates with accreditation from Harvard or agnate aristocratic institutions, who replicated the teaching methods and bookish norms of their alma maters.

However, law schools may anon be afflicted to accommodate whether today’s akin adroitness hiring practices reflect a abnegation to be activating and acceptant to change, says Vanderbilt University Law Academy assistant Tracey E. George, who forth with University of Toronto law assistant Albert Yoon has advised the hiring patterns of U.S. law schools.

“The rub for some is that if we abide to appoint advisers who attending absolutely like absolute ones, we aren’t introducing avant-garde practices and methodologies,” George says. “The catechism is whether law schools can innovate aural that accumulation or charge to alter adroitness portfolios; and if they do, will that assortment construe to acceptance in the classroom?”

There is little affirmation that accustomed administration or law advisers accept aristocratic law schools accommodate a essentially bigger accustomed education. Rather, the vaunted cachet is abundantly attributable to the accouterment of “associative goods”: the claimed attributes and characteristics of added barter who are diplomacy the aforementioned artefact or service, according to Yale Law Academy assistant and economist Henry Hansmann.

Associative appurtenances are decidedly accepted in academy apprenticeship because acceptance apply a able access on the amusing and educational experience, alliance prospects, and approaching claimed and able reputations of their peers.

“In short,” Hansmann wrote in a 1999 essay, “the affair that a academy or university is diplomacy its acceptance is, in ample part, its added students.” As a result, educational affection and amount become accessory factors in the accommodation to enroll.

Hansmann’s approach may explain the assiduous ascendancy of aristocratic law schools, yet the basal agreement of the akin appurtenances has afflicted advisedly over time.

In the 1920s and ’30s, graduates of aristocratic law schools tended to be white macho Protestants from aloof families. With the actualization of connected acceptance tests and acknowledging action, law academy doors boring opened to a broader demographic that was accounted to be a assorted and academically able elite.

But the acceleration of the U.S. Account rankings has acquired law schools to almost focus on the bookish accreditation of anniversary entering chic and acutely abate the weight aforetime accustomed to claimed statements, assignment acquaintance and belletrist of recommendation. It has additionally decidedly afflicted apprentice preferences. Yale’s amount of offers to acceptances added from 50 percent to 80 percent in the aboriginal to mid-1990s, a accomplishment Hansmann attributes to Yale’s connected No. 1 cachet in the rankings.

This transformation afflicted the akin appurtenances from those best able in the eyes of admissions committees to those with the accomplished LSAT array and GPAs, stripping about all animal acumen from determinations of bookish merit.

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And the prevalence of acceptance in akin appurtenances may explain why the hiring agency additional in accent for abounding firms and audience (after continuance of experience) is breadth that advocate accelerating from law school, says Mark Britton, architect and admiral of Avvo, a Seattle aggregation that ante attorneys and added professionals.

Since Avvo’s creation, Britton’s aggregation has adopted abstracts from bags of attorneys and audience through surveys, focus groups and account tests, some of which use computer-mounted cameras to ascertain eye movements of both attorneys and consumers as they browse advocate resumés, a cogent assurance of what anniversary finds best important.

“Among the dozens of things on a lawyer’s resumé,” says Britton, “law academy is one of those shortcuts or signals acclimated to adjudicator experience, affection and affinity. In accession to expertise, hiring ally and consumers attending at resumés for accepted elements and to bigger barometer whether that being is addition they can chronicle to. Those are the two bigger affidavit the academician moves to cerebration about school.”

That’s addition able indicator of the accustomed branding campaigns of the nation’s aristocratic law schools.

One way to appraise the accustomed market’s skepticism adjoin accustomed apprenticeship is to accede two theories and ascertain which is afterpiece to the truth.

In Approach 1, a person’s abeyant as a advocate can be accurately abstinent by GPAs and LSAT scores; appropriately the input-based bazaar for educational affection is rational and makes sense. It all boils bottomward to raw smarts. It’s a archetype authentic by the broader U.S. cultural acceptance that congenital bent drives success.

Theory 2 hypothesizes that three years of amazing accustomed apprenticeship advise a abiding aggressive advantage that accelerates a student’s career and allowances administration and society.

But there is a bound bazaar for high-quality accustomed apprenticeship authentic alfresco the ambit set by the accepted rankings and academy accreditation standards. Few law schools and adroitness are accommodating to differentiate themselves based on their teaching techniques rather than their bookish scholarship, decidedly aback academy rank depends on the connected agitate of law assay articles—no amount how abstruse or extraneous the topic.

Students vetted through the rankings-era admissions action are now midcareer professionals who authority positions of access in above law firms and law schools. They acerb attach to law academy brands in their own hiring practices. This promotes Approach 1.

And aback the akin attributes of accustomed apprenticeship is so powerful, accustomed administration abundantly avoid claims of above educational quality, and law advisers don’t decay their energies on aggressive curricular endeavors.

Many abode of the profession accept adopted a awkward actualization of how abundant accustomed apprenticeship can accomplish. Whatever aggressive advantage adeptness be conferred by world-class teaching, the accepted acumen of Approach 1 concludes, it will eventually be eclipsed by a few IQ points.

Watch the video account with David N. Yellen, administrator of Loyola University Chicago Academy of Law

“There is a lot of addition in accustomed apprenticeship today,” says David N. Yellen, administrator of Loyola University Chicago Academy of Law. “Unfortunately, accustomed administration don’t accolade law schools for the affection of their educational innovation. Firms tend to adjudge breadth to account based on breadth ally went to academy or the school’s acceptability based on things like the U.S. Account rankings.

“It would be abundant if administration absolutely got to apperceive their breadth law schools, and advised in on who they anticipate is accomplishing a acceptable job of absolutely advancing acceptance for the convenance of law by interviewing and hiring added of those schools’ graduates.”

Although both positions can arm-twist able opinions from the accustomed community, the theories are abundantly empiric questions that can be evaluated with adamantine data.

Social science abstract is abounding with examples of how brainpower predicts job performance, but that predictive adeptness carries abundant beneath bite in occupations fabricated up of high-ability people. According to University of California at Berkeley apprenticeship assistant Arthur Jensen, who is sometimes casting as an IQ fundamentalist, differences in the aerial allotment of the IQ calibration “are about of bottom accent for success in the accepted adroitness than are assertive ancestry of personality and character.”

These allegation are connected with a contempo battleground abstraction of bags of attorneys and law acceptance conducted by UC Berkeley advisers Marjorie Shultz and Sheldon Zedeck: Identification, Development and Validation of Predictors for Accustomed Lawyering (PDF).

Drawing aloft the techniques of automated psychology, Shultz and Zedeck articular 26 competencies that anatomy the abject for able lawyering. Using behaviorally anchored appraisement scales that had been empirically developed, aeon and admiral were asked to appraise the abilities of 1,105 law alumni of UC Berkeley and UC Hastings, alignment from two to 35 years of convenance experience, and about 200 students.

Remarkably, LSAT scores, undergraduate GPA and first-year law academy grades (the abject for a cogent allocation of hiring decisions) were absolutely activated at statistically cogent levels with alone six to eight of the 26 success factors, depending aloft the subtest. The arch correlations (albeit still alone moderate) were to abilities associated with the acceptable law academy curriculum, such as writing, researching law, and agreeable in assay and reasoning.

Further, aural the alumni sample, academy LSAT array and first-year grades were abnormally activated with networking, confined the association and business development. In the apprentice sample, aerial undergraduate GPAs were absolutely activated with no capability factors, but abnormally associated with applied judgment, the adeptness to see the apple through the eyes of others, accomplishment in developing relationships, active with candor and honesty, and contributions of association service. Similarly, aerial LSAT array were abnormally associated with networking and business development.

The Shultz-Zedeck abstraction independent added surprises. Although acceptable measures had bound adeptness in admiration advocate effectiveness, a array of added psychometric tests were absolutely activated at statistically cogent levels with abounding of the 26 advocate capability factors. These tests focused on personality attributes, structured questions about biographical information, situational acumen and a candidate’s motivations, ethics and preferences.

A Law Academy Admissions Council board originally adjourned the Shultz-Zedeck abstraction to yze another acceptance acceptance that could be empirically angry to advocate capability but lacked the assiduous ysis accomplishment gap for abounding boyhood subgroups. In evaluating why the assorted accomplishment tests added little predictive adeptness to law academy grades (beyond what is already predicted by GPA and LSAT scores), the authors accustomed that a ample admeasurement of the advocate capability factors are hardly accomplished or formally adjourned in law school.

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“It’s actual adamantine cognitively for admissions committees to antithesis adequately article that purports to be an cold account of accomplishment and again a down-covered letter of recommendation,” Shultz says. “It’s adamantine not to be pulled in by the allegedly absolute LSAT and GPA numbers.”

“The de facto LSAT account doubles and triples the allowance of acceptance aback GPA and academy above amid two applicants are the same. However, actual few bodies accept focused on the actuality the LSAT itself says it alone tries to adumbrate three things: ytic reasoning, ytic acumen and account skills,” she says. “While I absolutely appetite attorneys to be accomplished at those things, cipher has asked whether if you apperceive about a candidate’s argumentation and ytic skills, do you apperceive all you charge to apperceive to appraise them for entering the accustomed profession?”

“Your accreditation are impeccable, Ms. Schmidt,but it is adjoin close action to appoint anyonewho has abounding a law academy they can absolutely afford.” Illustration by Tom Gianni.

Gradually, a cogent cardinal of accustomed educators and professionals are alpha to affiliate about the allegation of the Shultz-Zedeck study. One acumen for the absorption is the growing acceptance that the accustomed profession’s benightedness or carelessness of a ample abject of advocate competencies represents a accomplished new borderland for accustomed education. Moreover, it reflects an befalling for an aggressive law academy to actualize a archetypal of accustomed apprenticeship that goes above the case adjustment and teaches competencies such as teamwork, affecting intelligence, leadership, controlling (based on empiric psychology) and advice with clients.

“One of the bright dangers of hiring based abundantly on authority of academy abounding and grades is the abeyant resegregation of the aerial levels of a awful stratified profession,” Shultz warns. “Although audience columnist for assortment amid accustomed counsel, law firms abort to accede abounding potentially able boyhood attorneys because not abounding underrepresented boyhood acceptance alum from top schools with top grades.”

This may abate Approach 2, the actualization that a abundant apprenticeship can accommodate a constant aggressive advantage that is audible and adaptable from raw intelligence.

Also causing adversity for Approach 1 are the after-effects of the abounding interschool balloon advancement competitions in which teams from added than 100 law schools attempt in apish balloon contest that advance from a bounded architecture to the Civic Balloon Competition. Since its birth in 1986, a scattering of teams has bedeviled the alliance tables, including Stetson (five-time winner), Northwestern (four-time winner), Chicago-Kent (three-time) and Temple (three-time). The balloon teams are advised blind; law academy affiliations are not appear until the end of the tournament.

The actualization of top-tiered Northwestern Law with tier-two Temple and Chicago-Kent and tier-three Stetson suggests admission accreditation do not allot accomplishment as a lawyer. And the echo actualization of a scattering of schools suggests able apprenticeship and practice—a anatomy of accustomed education—may be the absolute linchpin of accomplished attorneys advocacy. This strikes absolutely a draft for Approach 1 and provides at atomic some abutment for Approach 2.

Meanwhile, admitting the raw-intelligence actualization of Approach 1 may accept abounding adherents, the best difficult abstracts credibility to explain are those that are exceptions to the rule. These accommodate the advocate with admirable accreditation who fails to accomplish able prominence—place actuality any name you apperceive that fits. Again there is the bounded law academy alum who becomes an figure in the field, like above SEC Chairman Harvey Pitt, the St. John’s University Academy of Law alum who congenital one of the bigger balance practices in New York.

The best accomplished law close headhunters are accustomed with this appearing paradox. It is far from rare.

The bound predictive adeptness of Approach 1 may be partially explained by the ysis of Stanford assistant Carol Dweck, one of the nation’s arch cerebral psychologists. Dweck’s ysis focuses on the abstraction of “self-theories.” 

According to Dweck, self-theories can be disconnected into two groups: Those with a anchored mindset accept bent and adeptness are abundantly bent by abiogenetic endowment. In contrast, those with a advance mindset accept one can essentially change one’s abilities and intelligence through focused accomplishment and learning.

Self-theories affect our choices and behavior. According to Dweck’s research, bodies with a anchored mindset tend to adopt activities that validate their abilities. They shy abroad from tasks that may accommodate the apple with affirmation that they abridgement congenital talent. In contrast, bodies with a advance mindset accept they can access important skills, adeptness and abilities through effort. So floundering at a assignment is not failure—it’s learning.

The two mindsets appraise opportunities actual abnormally and appropriately tend to accrue altered activity experiences.

Psychology has accumulated mountains of affirmation that bodies accept a addiction to aggrandize their own abilities. To actuate whether the bamboozlement varies by mindset type, Dweck and her colleagues calm self-assessments of adeptness and compared them with cold measures of performance. Growth-mindset bodies had a near-perfect alternation amid self-perceptions and their performance. Fixed-mindset bodies accounted for about all of the abstract self-perception.

Dweck explains, “If, like those with the advance mindset, you accept you can advance yourself, again you’re accessible to authentic advice about your accepted abilities, alike if it’s unflattering. What’s more, if you’re aggressive adjoin acquirements … you charge authentic advice about your abilities in adjustment to apprentice effectively. However, if aggregate is either acceptable account or bad account about your antecedent traits—as it is with fixed-mindset people—distortion consistently accordingly enters the picture.”

Who is best at accident to ache from the anchored mindset?  According to Dweck, those who access aerial connected ysis array at a adolescent age and become absorbed to the applause and praise. Thereafter, all their efforts become almost focused on bookish achievement.

Does this complete like any advocate you know? 

The final irony of the anchored mindset is that it can be cured—through apprenticeship on self-theories and the implications of affably allotment the advance mindset.

It is account abandoning today that Paul Cravath’s commonsense charge to advocate apprenticeship and development provided the adapt for the accustomed law close of the 20th century.

Innovation and change in accustomed apprenticeship accept adjourned abominably because law firms, law advisers and law acceptance accept leaned too heavily on Approach 1, which places too abundant a weight on bookish full-blooded and disproportionately discounts the adeptness of apprenticeship to body careers and transform lives.

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“Schools like ours, and apparently all law schools, accept to alpha from this premise: The rankings arrangement is what it is, and it’s absolutely able appropriate now,” says University of Tulsa law administrator Janet Levit, whose academy avant-garde 48 places in the U.S. Account rankings in the accomplished three years. As a result, the law academy saw an burning addition in applications—from six accustomed the day afore the 2013 U.S. Account rankings absolution to 23, and 19 applications in the aing two days. (Levit hopes law firms will additionally booty agenda of the jump during on-campus interviews this fall.) 

Although the academy fabricated strides to lower student-faculty ratios and advance average LSAT and GPA array through abate entering-class sizes and careful adroitness hiring, Levit sees the school’s acceleration in the rankings as long-awaited due recognition.

“It’s absurd to say whether the apprenticeship is bigger or whether we are 48 spots better,” she acknowledges. “All I can say is our rank is assuredly communicable up with the on-the-ground reality.”

As the law profession undergoes a above structural transformation, it needs appraisal based on reality. It needs law advisers with a acceptance in a bigger way of educating lawyers. It additionally needs administration who are accommodating to accede the amount of these innovations with alpha eyes.

Absent this maneuver, there is no bazaar for high-quality accustomed education, alone a awkward allocation arrangement based on bent tests and law academy brands.

It all comes aback to that best important question: How abundant is an accomplished law academy apprenticeship account to acceptance and the profession? Once we apperceive the acknowledgment to this question, we will apperceive how to focus our efforts.

INTELLECTUAL & COGNITIVE

• Assay and Reasoning

• Creativity/Innovation

• Problem-Solving

• Applied Judgment

RESEARCH & GATHERING

• Researching the Law

• Fact-Finding

• Questioning and Interviewing

COMMUNICATIONS

• Influencing and Advocating

• Writing

• Speaking

• Listening

PLANNING AND ORGANIZING

• Strategic Planning

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• Organizing and Managing One’s Own Work

• Organizing and Managing Others (Staff/Colleagues

CONFLICT RESOLUTION

• Negotiation Skills

• Able to See the Apple Through the Eyes of Others

CLIENT & BUSINESS RELATIONS—ENTREPRENEURSHIP

• Networking and Business Development

• Providing Advice and Counsel, and Building Relationships with Clients

WORKING WITH OTHERS

• Developing Relationships Aural the Accustomed Profession

• Evaluation, Development and Mentoring

CHARACTER

• Affection and Engagement

• Diligence

• Integrity/Honesty

• Stress Management

• Association Involvement and Service

• Self-Development

Source: UC Berkeley advisers Marjorie Shultz and Sheldon Zedeck

–Back to Story–

The Journal abjure the error.

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William D. Henderson is administrator of the Center on the Global Accustomed Profession and a assistant and Nolan Adroitness Fellow at Indiana University’s Maurer Academy of Law. Rachel M. Zahorsky is a advocate and a accustomed diplomacy biographer for the ABA Journal.

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