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Learning professionalism is more than just CLE credit

By Jayne Reardon

So your bar association committee chair asked you to put together an hour-long continuing legal education program that will qualify for professional responsibility credit.  Where do you begin?  By developing learning goals.
“Huh?” is your likely response. “I’m a lawyer; not a teacher.”
Me, too. But having attended numerous CLE programs over the past 24 years, and having spent considerable time analyzing the substance and theory of professionalism CLE programming since the inception of the Commission on Professionalism, I offer the following rather self-evident observation:
The goal is not to have participants “get an hour of CLE” but to have them learn. Here are five tips on how to start:
First, access general information by checking out the professional responsibility CLE guidelines available on the commission Web site, http://www.ilsccp.org. It also is a good idea to look through the questions on the applications that need to be submitted to obtain professionalism CLE credit.
For a CLE program within a bar association committee meeting (for which the maximum available credit is one hour) use Application C – Non-Traditional CLE; if the bar association has been approved by the MCLE board as an accredited provider, use Application A – Professional Responsibility CLE Course Application.
Second, think about what course participants want and need, not about what “material should be covered.” Having an expert in the field deliver subject matter through a lecture, followed by limited questions and answers, is what we know and expect.
The problem is, it doesn’t work. Retention is extremely low; generally less than 10 percent. Why? Such an approach violates the old proverb: “Tell me, I forget; show me, I remember; involve me, I understand; get me to think, I learn.” (Renner, The Art of Teaching Adults. Vancouver: Training Associates, 1994, p.40)
Especially in this fast-paced, high-pressure environment, lawyers want specific training that will add value to their lives. Be prepared to answer their need-to-know questions: Why do I need this?  What is taught?  How is it taught?
Next, consider the role of the participants’ experience. Unlike the education of children, where the role of the learners’ experience is disregarded in favor of maintaining the “knowledge superiority” of the teachers – the wisdom of which is beyond the scope of this article - in successful CLE, the prior experiences of the participants are treated as a resource.
This is especially true in the area of professional responsibility, which generally is less about the transmission of information and more about the transformation of behavior in nuanced situations.
Then, draft concrete course learning objectives. You need to identify actions or behaviors that participants will be able to do as a result of the course.
Although law is a mental pursuit, we are not seeking knowledge for knowledge’s sake, but to be able to do something better. For example, complete the following statement: “At the class’s completion, participants will be able to…”
Finally, design the course so that learning objectives can be met. If one of your goals is that participants be able to do something when they leave – as it should be – then the class should contain an activity where participants actually do it.
Role play or simulations are particularly suitable course formats for exploring such topics in the area of professional responsibility. Consider hypotheticals with various fact-pattern changes, allowing problem-solving by small groups.
(Of course, this applies equally to any area of CLE. For example, if your goal is to have participants be able to draft a certain type of document, have them draft, edit and re-draft in the course.)
Embarking on this process will entail a lot of work, and it is probably outside your comfort zone. The result will be a course that is outside the comfort zone of the participants. And that is where learning happens.
Here is a summary of Professionalism CLE recommendations:

  • Review professionalism CLE guidelines and applications on the Web site of the Commission on Professionalism: www.ilsccp.org.
  • Think about why lawyers would want to learn something, not what “material should be covered.”
  • Consider participating lawyers’ expertise as a resource.
  • Set learning objectives. Complete the question: As a result of this course, participants will be able to… (insert actions/behaviors).
  • Design the course to accomplish the learning objectives; involve participants in an activity or process.

Jayne Reardon is the deputy director of the Illinois Supreme Court Commission on Professionalism. The commission is charged under Supreme Court Rule 799 with -approving the substance of all courses or activities for which professional responsibility is sought. This article was adapted from the writings of Randall B. Christison as published in the Professional Development Quarterly.

 

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