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Professor Susan Daicoff, 2011
Professor Susan Daicoff, 2011
competitiveness
materialism; value economic bottom-line
need for achievement; ambitious under stress
interpersonal insensitivity
“Thinking” MBTI preference over “Feeling”
“rights” orientation over ethic of care
dominance
aggressive under stress
DRIVE TO ACHIEVE
INTERPERSONAL RELATING
STYLE
pessimism?
(c) Susan Daicoff, 2011.
As children Pre-law Law school In practice
Scholastic achievement
Need for achievement
leadership need dominance, leadership, & attention
incr. aggression & ambition under stress
extroversion & sociability
active approach to life
less subordinate and deferent, more authoritarian
prefer competitive peer rel'p.s; don't rely on peers for support
competitive, masculine, argumentative, aggressive, dominant
Low interest in emotions or others' feelings
Low interest in emotions, interpersonal concerns, & others' feelings
Increased "rights" focus (justice, rationality, etc.) vs. "ethic of care"
Low interest in people, emotional concerns, & interpersonal matters; prefer "Thinking" & conventional, rights-based morality
Higher SES, materialism
Decreased interest in public interest work
Focus on economic bottom-line of settlement options
Normal levels of psychological problems
Elevated levels of psychological problems
Elevated levels of psychological problems & substance abuse
(c) Susan Daicoff, 2011.
20.427.4
90
0
1020
30
40
5060
70
80
90
Professionals Blue CollarWorkers
Professionals
Lawyers
Blue CollarWorkers
THINKERS: value justice, rationality, truth, & objectivity; decisions don’t reflect own personal values; can be cold & calculating; good problem-solvers
FEELERS: value harmony, interpersonal rel’ps., praise & mercy; apply their own personal values to make decisions; seek to do what’s right for self & others; sensitive to the effect of decisions on others
www.keirsey.com for an online test
(c) Susan Daicoff, 2011.
81%
19%
60%
40%ThinkingFeeling
35%
65%
66%
34%
Lawyers - Male Lawyers - Female
Most Males Most Females
Thinking
Thinking
Thinking
Feeling
Feeling
Feeling
Feeling
Thinking
(c) Susan Daicoff, 2011.
www.keirsey.com for an online test
Preference for Introversion, Intuition, Thinking, and Judging among lawyers & law students (INTJ)
Private practice lawyers = prefer Introversion, Intuition, Thinking (INT)◦ Most common types: ISTJ, ENFP, INTJ (ESTP, ISFP, ESFJ, ESFP least common)
Judges = prefer Thinking, Judging (STJ)◦ Most common types: ISTJ, ESTJ (ISFP least common)
Admin. Attorneys = prefer Intuition, Thinking, Judging (NTJ)◦ Most common types: INTJ, ENTJ
Lawyers resemble corporate executives (Thinking&Judging)
Female Lawyers
Ethic of Care
Rights Orientation
Balanced
Male Lawyers
Ethic of Care
Rights Orientation
Balanced
33%
17%
50%
22%
35%
43%
BalancedCare
Rights
Balanced Care
Rights
(c) Susan Daicoff, 2011.
RIGHTS: weighs conflicting rights & duties; seeks fairness, justice, & equality; maintains & applies rules, standards, & role oblig’ns. to arrive at clear, absolute answers
CARE: contextual; focuses on harm to people; seeks to avoid harm, maintain & restore rel’ps. & protect others from hurt; decides by assessing relative harm to & vulnerabilities of parties
(c) Susan Daicoff, 2011.
Some Empirical Research
• Ethic of care disappears• Subtle fostering of: pessimism,
competitive peer relationships, introversion, & Thinking style of decisionmaking
• Intrinsic motivation & community service values decrease
• Extrinsic & appearance values increase• Shift from public interest work to private
practice
(c) Susan Daicoff, 2011.
Intrinsic motivation and community service values decreased in first year
Appearance values increased in first year Those with the most intrinsic motivations had highest
grades But, those with highest grades most often shifted in
career preferences ◦ towards "lucrative" and higher-stress law careers and away
from "service"-oriented, potentially more satisfying law careers
In law school: if one’s values shift from intrinsic to extrinsic rewards … distress develops (depression, lowered wellbeing)
Use of Intrinsic Values & Decisionmaking Styles:• Choosing a firm, employer, work setting• Achieving maximum wellbeing• Working with others in a team setting; understanding others• Having excellent intra- and interpersonal skills• Choosing & understanding clients
What are your “intrinsic values” – those aspects of practicing law that you’ll find intrinsically satisfying (e.g., not $, fame, reputation, material things)?
Write yourself a brief note about this, to be opened during your final semester of law school, at graduation, and during the first month of your first law position. Save it in a permanent place.
Lawyer Effectiveness Factor Research
High achieving lawyers under 40 shared these traits with Olympic athletes and other high achievers:
“a way of thinking, learning and concentrating that differs significantly from 90 per cent of the population ...
intense detailed focus and concentration coupled with big picture conceptual strategic thinking ...
an almost inexplicable drive for achievement and success that appears to originate in a variety of sources, such as adversity and challenge in the formative years ...
a predisposition (i.e., hard-wiring) that ensures an unstoppable need to compete and win ...
an incredibly strong sense and knowledge of self ... [and] an intuitive sense of others by which one can “read” what is implicit or
understand subtle body language and gestures.”
SKILL TYPE OF LAWYER
Intrapersonal skills: independence, stress tolerance, assertiveness, optimism
Top lawyers of all types: corp dealmakers, corp litigators, women lawyers, & those 40 and under
General mood Top dealmakers & women lawyers
Stress management Top dealmakers & litigators
Interpersonal sensitivity, empathy
Top corp litigators
Problem solving Top dealmakers
Adaptability Top corp litigators & dealmakers
Intrapersonal interpersonal Self awareness Self management Stress management Mood management Independence Assertiveness Optimism
Sensitivity Ability to “read” others Trusted advisor
PROBLEM SOLVING
Practical creativity
Intrapersonal Interpersonal
Self awareness Self management Stress management Mood management Independence Assertiveness Optimism
Sensitivity Ability to “read” others Trusted advisor
PROBLEM SOLVING
Practical creativity
Competencies or traits named in three of the six studies are:
DriveHonesty and integrityUnderstanding othersObtaining and keeping clientsCounseling clientsNegotiationProblem solvingStrategic planning
Lost Generation (1883–1900) Greatest Generation (1901–1924) Silent Generation (1925–1942) Baby Boomer (1943–1960) Generation X (1961–1981) Millennial Generation/Generation Y/Generation Next
or Net(1982–1998) Generation Z/New Silent Generation/Homeland
Generation (1999–2019)
G.I. Generation Hero (Civic) 1901–1924 World War I/Prohibition
Silent Generation Artist (Adaptive) 1925–1942 Great Depression/World War II
Millennial Saeculum (baby) Boom Generation Prophet (Idealist) 1943–1960 Superpower America
13th Generation(a.k.a Generation X)1
Nomad (Reactive) 1961–1981 Consciousness Revolution
Millennial Generation2
Hero (Civic) 1982–2003? Culture Wars
New Silent Generation 3
Artist (Adaptive) 2004?– present Millennial Crisis?
Generation Type Birth Years Historical Time Period
Greatest or GI Generation
Hero/Civic 1901-1924 WWI & Prohibition
High but Unraveling
Silent Generation
Artist/Adaptive 1925-1942 Great Depression & WWII
Crisis
Baby Boomers
Prophet/Idealist 1943-1960 Superpower America
High (peace & prosperity)
Generation X Nomad/Reactive 1961-1981 Consciousness Revolution
Awakening
Millennials Hero/Civic 1982-2003 Culture Wars High but Unraveling
New Silent Generation
Artist/Adaptive 2001/2004 - present
Economic Crisis, …
Crisis
??? Prophet/Idealist ???? The New World Order?
High (peace & prosperity)
Source: Howe & Strauss (1991)
“an increased use and familiarity with communications, media, and digital technologies”
“Next Generation” college students…used technology at higher rates than people from other generations:
97% of students owned a computer 94% owned a cell phone 92% of those reported multitasking while Iming 76% of students used instant messaging 56% owned a MP3 player 40% of students used television to get most of their news 34% used the Internet to get their news. This generation spends at least 3.5 hours a day online.Source: Junco & Mastrodicasa (2007) (who conducted a research study of 7,705
college students). Now add: social networks: Facebook, Twitter, Linkedin, etc.
Facebook Twitter YouTube Online Learning Tools Email Angry Birds?
Used to “no one loses” and everyone gets a "Thanks for Participating" trophy, resulting in a sense of entitlement
Have “too great expectations from the workplace and desire to shape their jobs to fit their lives rather than adapt their lives to the workplace”
“Assertively seek more feedback, responsibility, and involvement in decision making”
Resulting “generation & understanding gap” between older employees and supervisors in the workplace & younger, Millennial employees
College students were frequently in touch with their parents –
◦Junco and Mastrodicasa (2007) also found that students spoke with their parents an average of 1.5 times a day about a wide range of topics.
Celebrate & enjoy diversity Optimistic/realistic Self-inventive/individualistic Rewrite the rules Killer lifestyle (demand work/life balance) Irrelevance of institutions Internet is a given; assume use of
communications, media, & digital technologies; multitask fast
Nurtured; Sense of Entitlement Collaborative, teamwork & learning Friends = family
Generation XBorn 1965-197651 million
MillennialsBorn 1977-199875 million
Accept diversityPragmatic/practicalSelf-reliant/individualisticReject rulesKiller lifeMistrust institutionsPCUse technologyMultitaskLatch-key kidsFriend-not family
Need:· Casual, friendly workenvironment· Involvement· Flexibility and freedom· A place to learn
Celebrate diversityOptimistic/realisticSelf-inventive/individualisticRewrite the rulesKiller lifestyleIrrelevance of institutionsInternetAssume technologyMultitask fastNurturedFriends = family
Need:· Structured, supportive workenvironment· Personalized work· Interactive relationships
Source: The Learning Café and American Demographics enterprisingmuseum 2003.
Video
Gen We
Millennial Law Prof
• Work well collaboratively in groups/teams• Peer oriented (e.g., use of social networks) &
relational• Excel in public presentations and real-life exercises• Innovate - sidestep traditional methods and use
technology (internet) to achieve goals (e.g., Napster)• Demand “balance” of work/life/pleasure• Celebrate cultural diversity• “Hero/Civicmindedness” qualities• The next “Great Generation?”
(c) Susan Daicoff, 2011.
Maintain your moral & personal compass, in law school
Your reputation is your greatest and most precious asset, in the law.
Know & build on your strengths
Keep sight of your intrinsic values.
Let the research dictate what it takes to be a successful lawyer, not hearsay, rumors, or guesses
