Psychology for Lawyers



law school | law students

 

Preface

"Law school . . . is where people are taught to 'think like a lawyer.' Law school is where would-be lawyers first learn and practice the Law's fundamental values, attitudes, and beliefs. Law school reflects and perpetuates how the Law thinks, what it believes, and what it desires.

The process of 'becoming a lawyer' includes more than learning strange language and a set of basic legal principles. At a deeper level it has to do with becoming acculturated to the legal mind, with learning how the legal perspective views things and how it prefers things to be. Somewhere along the line, law students go through a subtle, though radical, change. They begin to see things in the first instance through this legal mind set. Their very perceptions begin to be structured by assumptions provided by legal education. It is similar to becoming fluent in a foreign language. It is more than vocabulary, it has to do with instinctively feeling the rhythm of the language, entering it and hear it talk."

--Benjamin Sells, The Soul of the Law 35 (Rockport, Massachusetts, 1994)

Readings

Lawrence S. Krieger, Institutional Denial About the Dark Side of Law School, and Fresh Empirical Guidance for Constructively Breaking the Silence, 52 J. Legal Educ. 112 (2002) [abstract]

________________, Psychological Insights: Why Our Students and Graduates Suffer, and What We Might Do About It, 1 J. Assoc. Legal Writing Directors (JALWD) 258 (2002) [online text]

"How the Law Thinks?" in Benjamin Sells, The Soul of the Law 35-56 (Rockport, Massachusetts: Element, 1994)

Corie Rosen Felder, The Accidental Optimist [online text]

Joshua E. Perry, Therapeutic Pedagogy: Thoughts on Integral Professional Formation, 78 Rvista Jurídica UPR 167 (2009) [online text]

Colin James, Miles Bore & Susanna Zito, Emotional Intelligence and Personality as Predictors of Psychological Well-Being [in Law Students, 30 J. Psychoeducational Assessment 425 (2012)] [online text]

Videos

Class Viewing 1: Legally Blonde [3:23 mins.] [clip from "Legally Blond" ( 2001)]

Class Viewing 2: Dear Me, Don't Go to Law School [3:58 mins.] [students at the University of Calgary Faculty of Law]

Class Viewing 3: So You Want to Go to Law School [10:19 mins.]

Law School: The Shadow Side

Class Viewing 4: Ed Rubin on Law Students' Stress [9:59 mins.]

Class Viewing 5: Susan Daicoff Talks about What Happens in Law School [6:20 mins.]

Class Viewing 6: Identifying the Root Causes of Law School Stress [5:58 mins.]

Class Viewing 7: Gerry Spence Offers Advice to Young Lawyers [6:39 mins.]

On Education

Class Viewing 8: What Is Education For? [5:05 mins.] [Thomas Moore, author of Care of the Soul] [distinguishes training & education; contends that in education we must start over]

On Psychology (Academy of Ideas)

Carl Jung and the Value of Anxiety Disorders
[10:28 mins.]

Carl Jung on Overcoming Anxiety Disorders
[11:31 mins.]

The Psychology of Resilience: Thriving in Adversity
[7:29 mins.]

Bibliography

Todd David Peterson & Elizabeth Waters Peterson, Stemming the Tide of Law Student Depression: What Law Schools Need to Learn from the Science of Positive Psychology, 9 Yale Journal of Health Policy, Law, and Ethics 357 (2009) [online text]

Lawrence S. Krieger, Psychological Insights: Why Our Students and Graduates Suffer, and What We Might Do About It, 1 J. Assoc. Legal Writing Directors 258 (2002) [online text]

________________, The Inseparability of Professionalism and Personal Satisfaction, 11 Clin. L. Rev. 425 (2005) [online text]

________________, What We're Not Telling Law Students--And Lawyers--That They Really Need to Know: Some Thoughts-in-Action Toward Revitalizing the Profession From Its Roots, 13 J. Law & Health 1 (1998-1999)

Kennon M. Sheldon & Lawrence S. Krieger, Does Legal Education Have Undermining Effects on Law Students? Evaluating Changes in Motivation, Values, and Well-Being, 22 Behav. Sci. Law 261 (2004) [online text]

Corie Lynn Rosen, The Method and the Message, 12 Nevada L. J. 160 (2010) [online text]

Judith L. Ritter, Growin' Up: An Assessment of Adult Self-Image in Clinical Law Students, 44 Akron L. Rev. 137 (2011) [online text]

Colin James, Law Student Wellbeing: Benefits of Promoting Psychological Literacy and Self-Awareness Using Mindfulness, Strengths Theory and Emotional Intelligence, 21 Legal Educ. Rev. 217 (2011) [online text]

Jennifer Jolly-Ryan, Promoting Mental Health in Law School: What Law Schools Can Do For Law Students to Help Them Become Happy, Mentally Healthy Lawyers, 48 U. Louisville L. Rev. 95 (2009)

Wendy Larcombe, et.al., Does an Improved Experience of Law School Protect Students against Depression, Anxiety and Stress? An Empirical Study of Wellbeing and the Law School Experience of LLB and JD Students, 35 Sydney L. Rev. 407 (2013)

Ian Gallacher, Thinking Like Non-Lawyers: Why Empathy is a Core Lawyering Skill and Why Legal Education Should Change to Reflect its Importance, 8 JALWD 109 (2011) [online text]

James B. Taylor, Law School Stress and the "Déformation Professionelle," 27 J. Legal Educ. 251 (1975)

Todd David Peterson & Elizabeth Waters Peterson, Stemming the Tide of Law Student Depression: What Law Schools Need to Learn from the Science of Positive Psychology, 9 Yale J. Health Pol'y, L. & Ethics (2013)

Debra S. Austin, Killing Them Softly: Neuroscience Reveals How Brain Cells Die From Law School Stress and How Neural Self-Hacking Can Optimize Cognitive Performance, 59 Loyola L. Rev. 791 (2013) [online text]

Joan Bibelhausen, Katherine M. Bender & Rachel barrett, Reducing the Stigma: The Deadly Effect of Untreated Mental Illness and New Strategies for Chaning Outcomes in Law Students, 41 William Mitchell L. Rev. 918 (2015) [online text]

Ben Gibson, How Law Students Can Cope: A Student's View, 60 J. Legal Educ. 140 (2010)

Nancy J. Soonpaa, Stress in Law Students: A Comparative Study of First-Year, Second-Year, and Third-Year Students, 36 Conn. L. Rev. 353 (2004)

Reference (Gerry Spence)

Gerry Spence on Legal Education

Reference (Web Resources)

The Weight of Law School: Recognizing and Rebounding from Depression
[48:06 mins.] [audio] [presentation begins at 3:10 mins.]

How Did I Get To Be an Unhappy Lawyer?

Oversold
[The People's Therapist, blog]

Reference|Law School Experience (Video)

A Student Talks about a Healthier Law School Experience
[9:08 mins.] Pt2 [9:45 mins.]

A Law School Professor Talks About Law School and the Law School Experience
[9:39 mins.]

Larry Krieger
[10:00 mins.] [on the humanizing legal education movement] Pt2 [9:37 mins.] Pt3 [9:43 mins.] Pt4 [9:02] Pt5 [10:00 mins.] Pt6 [8:52 mins.] Pt7 [9:42 mins.] Pt8 [9:12 mins.] Pt9 [9:41 mins.] Pt10 [8:49 mins.]

Daisy Floyd
[9:59 mins.] Pt2 [7:26 mins.] Pt3 [7:45 mins.]

Don't Go to Law School: Find Out Why
[3:27 mins.] [animation]

Barbie Girl
[3:15 mins.]

Know Your Gunners
[3:54 mins.]

Low Employment for Recent Law School Grads
[1:45 mins.] [news account about employment situation for lawyers]

Stress: How to Cope in Law School and the Profession
[1 hr. 3 mins.] [Don Carroll, director of the North Carolina Lawyer Assistance Program, and Kate Gibson J.D. (Harvard) and Psy.D., a psychologist at the Elson Student Health Center, discuss stress in law school and the profession]

Stress, Depression and Resilience Strategies for Law Students
[36:17 mins.] [Australia]

Run Your Own Race
[3:21 mins.]

Reference|Legal Education (Videos)

Do Lawyers Think, and If So, How?
[19:58 mins.] [Frederick Schaur] [Schaur's presentation can end at 8:30 mins. for class viewing]

What Happens When You Become a Lawyer
[9:48 mins.] Pt2 [9:19 mins.] Pt3 [9:56 mins.]

On the History of Legal Education
[8:53 mins.] [Ed Rubin, Vanderbilt Law School]
Pt2 [9:49 mins.] Pt3 [6:52 mins.] Pt4 [7:24 mins.] Pt5 [10:00 mins.] Pt6 [8:57 mins.]

The Next Revolution in Legal Education
[15:22 mins.] [Roberto Mangaberia Unger] [2012]

Duncan Kennedy on Critical Legal Education
[1:45:19 mins.] [Kennedy's comments on legal education begin at 18:46 mins and end at 22:36 mins. of the longer video]

Introduction to Legal Education: Conventional Wisdom

Introduction to Law School
[9:16 mins.]

Briefing Cases
[5:27 mins.]

How to Brief a Case in Law School
[10:32 mins.]

How to Brief a Case
[14:48 mins.]

How To Read a Case in Law School
[5:13 mins.]

Case Analysis and Briefing
[26:02 mins.]

Introduction to IRAC
[8:42 mins.]

1L Effective Outlining
[10:23 mins.] [Kaplan Bar Review staff]

1L Issue Spotting
[12:29 mins.] Pt2 [6:35 mins.] [Kaplan Bar Review staff]

1L Essay Writing
[13:39 mins.] Pt2 [13:06 mins.] [Kaplan Bar Review staff]

1L Successful Work Habits
[10:46 mins.] Pt2 [8:20 mins.] [Kaplan Bar Review staff]

The Case For Legal Writing
[3:17 mins.]

Chief Justice John Roberts on Writing
[14:54 mins.]

Reference (Ken Robinson)

Ken Robinson: Videos

Psychology of Legal Education Bibliography --in progress--

David H. Barber, Winning in Law School: Stress Reduction (Dillon, Colorado: Spectra Publishing Company, 2nd ed. 1986)

Andrew H. Benjamin, et. al., The Role of Legal Education in Producing Psychological Distress Among Law Students and lawyers, 1986 Am. B. Found. Res. J. 225

B.A. Glessner, Fear and Loathing in the Law Schools, 23 Conn. L. Rev. 627 (1991)

Raymond B. Marcin, Psychological Type Theory in the Legal Profession, 24 U. Tol. L. Rev. 103 (1992)

Paul V. Miller, Personality Differences and Student Survival in Law School, 19 J. Legal Educ. 460 (1967)

Vernellia R. Randall, The Myers-Briggs Type Indicator, First Year Law Students and Performance, 26 Cumb. L. Rev. 63 (1995)

Steven B. Shanfield & G. Andrend H. Benjamin, Psychiatric Distress in Law Students, 35 J. Legal Educ. 65 (1985)

Lawrence Silver, Anxiety and the First Semester of Law School, 1968 Wis. L. Rev. 1201 (1968)

Alan A. Stone, Legal Education on the Couch, 85 Harv. L. Rev. 392 (1971)

Paul T. Wangerin, Objective, Multiplistic, and Relative Truth in Developmental Psychology and Legal Education, 62 Tul. L. Rev. 1237 (1988)

Andrew S. Watson, The Quest for Professional Competence: Psychological Aspects of Legal Education, 37 U. Cin. L. Rev. 93, (1968)



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