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Responsibility of Public Lawyers Class at Harvard Law School Law
Introduction

The course combines an interactive format with a substantive investigation of the lawyers’ role as counselor, advocate, representative and public citizen. Students read a range of essays, personal narratives, and client accounts as they consider the nature of the profession they are about to enter. Second and third year students, selected because they excelled in a previous class, work as teaching fellows to help organize the complex logistics. The faculty shares power with the students and gives them a chance to learn through experimentation. The course fulfills students’ ABA professional responsibility requirements.

To understand the operating principles of this course go to principles.

 

Goals

With an enrollment of 50 students, some of whom are in their first year, the class encourages students to think differently about what it means to be a lawyer. It also invites them to reflect upon their future role as professionals and public citizens. Guinier, a former litigator, encourages students to question the dominance of court-centered approaches to resolving broad public policy concerns. Students consider both adversarial and non-litigation approaches to legal advocacy.

 

Getting Started

Students are divided into ongoing facilitation teams, which are responsible for helping the faculty member plan the lessons. Each member of the facilitation team must also write an 8 page persuasive essay based on the required and recommended reading for the week their team is “on call.” That essay is read and evaluated by a peer, a teaching fellow and the professor.
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See resource page for course syllabus and procedures.

 

Facilitation
Students bring enormous creativity to the lesson plans, but the faculty member often needs to ask skeptical and reflective questions to ensure that the lesson plan covers the substantive content and that the rest of the class, which has not read as much of the assigned reading as the facilitators, will be stimulated to engage personally and intellectually during the class period. Students have used art projects (draw a picture of the lawyer you want to be), skits, role-plays, structured deliberation, and breakout groups within the larger class. The energy within the formal classroom is transformed and inspires different forms of learning for both students and faculty.
Evaluation

Students’ final grades are based on a self-grading memo, in addition to the grades they receive on their written work and their peer critiques. The self-grading memo asks students to provide an evaluation of
the strengths and weaknesses of their own class participation as well as
the relative effectiveness of the class format given their own learning style.

The self-grading memo has proved to be a popular assessment mechanism because it reflects both the values and the process of the course. Students are encouraged to use the self-grading memo to write about comments made by other classmates, which reinforces the importance of listening, not just talking as a means of “participation.” This aspect of the memo reassures those students who feel challenged by speaking in large classes but routinely contribute in small group exercises in ways that the professor may not notice. These memos also provide constructive and specific feedback to the teaching fellows and the professor.

 

When It Works

Students’ comments in their self-assessment memo reflect a high level of engagement, willingness to question, and tremendous creativity in thinking innovatively about the profession and their future roles.

"The most powerful element of this class for me was the interaction between [a classmate’s] essay and the time capsule exercise [where students were asked to pick from among a group of physical images or quotations from court cases those that best illustrated the legacies of litigation oriented strategies]. … We treat law like it is a game in which we have no responsibility for who wins or loses. This time capsule ‘game’ treated law more seriously in many ways. It demonstrated that the legacy of a lawyer-as-historian is in the content of the story she tells and its impact on people’s lives."


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