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THE 1995 PROFESSIONAL DEVELOPMENT SURVEY
[Note: The following excerpts provide an executive
summary of the Report on the the 1995 Professional Development Survey of Large
Law Offices in the Greater Washington/Baltimore Area, a joint research
project of the Washington-Area Professional Development Administrators and The Capital
CLE Calendar. The 73-page survey report detailing these and other findings is
available for $50 ($25 to WAPDA members).]
1. INTRODUCTION:
Background and Purpose of the Survey
The survey on which this paper reports was a research collaboration between the
Washington-Area Professional Development Administrators (WAPDA), an association of law
office training and development administrators and continuing legal education and training
providers, and The Capital CLE Calendar, a
continuing legal education and professional development journal. It was designed to serve
a variety of purposes:
- to provide an area-wide view of what local law offices are
currently doing to support and strengthen the professional competence of the lawyers they
employ;
- to provide those responsible for law office professional
development programs with the benefit of their colleagues' experience;
- to alert potential members to the existence and resources
of WAPDA; and
- to establish a benchmark against which individual law
offices can measure their professional development programs, and from which area-wide
progress can be tracked in the future.
The survey questionnaire was forwarded in June 1995 to 121
large law offices -- private, government, and corporate -- in Washington, Baltimore, and
their Virginia and Maryland suburbs.... It requested:
- a summary profile of the organization (Section I);
- what in-house developmental activities and resources the
office organizes for its lawyers, what outside resources the office draws upon, and what
significant changes in the professional development program have taken place or are
anticipated (Section II); and
- who administers professional development and CLE activities
for the office, and what information and other resources would be most useful to them
(Section III).
The collection of survey responses concluded in the last
week of August 1995.
[Survey Report, p. 1]
2. A "TYPICAL" PROFESSIONAL DEVELOPMENT PROGRAM
The survey respondents share much common ground in their professional development
practices and perspectives. Based on their responses, the "typical" professional
development program in a large Washington or Baltimore law office has the following
characteristics:
Formal Instruction and Coaching
- Formal instruction is predominantly delivered in the form of Educational
seminars/group discussions, which are offered at least monthly. These are
supplemented at least twice a year by Group skills training workshops,
and at least once a year by Private skills coaching (either stand-alone
or in conjunction with group workshops). (pp. 9-10, B1)
- The following practical, legal, and business topics appear
on the office's formal in-house training agenda at least once a year: Computer
skills, Substantive law, Business/
industry/technical/other nonlegal professional knowledge, Litigation
skills, and Client/customer relations (pp. 16-17, B2-B4). If the
office has 100 lawyers or more, Substantive law will probably be
addressed more often than once a year (p. 19).
- Topics which probably will not appear on the agenda are Teambuilding/teamwork,
Management/supervision skills, and Diversity/race/gender issues
(pp. 16-17, B3-B4), unless the office is in a government agency (p. 18).
- New lawyers can expect some amount of Formal
orientation and training, anywhere from under 10 to over 100 hours (pp. 25-26,
B5), and two Formal performance appraisals in their first year with the
organization. After the first year, they can expect to be evaluated annually (pp. 10, B2).
- If the office is the local office of a law firm based in a
mandatory CLE jurisdiction which awards CLE credit for in-house training, there may be
greater emphasis on formal, group instructional activities (p. 15) and on topics eligible
for credit, including especially Substantive law, Research skills,
Litigation skills, Ethics/professional responsibility,
and Business/industry/technical/other nonlegal professional knowledge
(pp. 23-24). There may also be somewhat lower emphasis -- either by the organization, by
the lawyers themselves, or both -- on informal and self-directed learning activities and
external learning resources (pp. 33, 39).
Informal and Self-Directed Learning Resources
- If the office is a private law firm, and especially if it is a firm with over 100
lawyers, Small cases with high learning value (including pro bono cases)
and a Formal mentoring program are available, and the level of
participation by the lawyers in both of them can be characterized as "moderate"
or better. (pp. 28-30)
- Self-directed learning resources (manuals,
tapes, computer-based training, etc.) are also available, but the lawyers make little use
of them. (pp. 27-28, B6)
- Individual development plans, Recommended
reading lists, and Practice-area skills lists or developmental milestones
are probably not available, but may be under consideration. (pp. 27-28, B5-B6)
External Resources for Professional Development
- If the office is a private law firm, CLE seminars and workshops are the
most useful outside learning resource available to the lawyers. If it is in a federal
agency, courses offered by the Legal Education Institute of the Department of Justice may
play a comparable role. (p. 35)
- Industry/trade meetings, Legal
periodicals, Industry/trade periodicals, Bar meetings
and activities, and On-line services (bulletin boards, data
bases, discussion groups, etc.) are somewhat less, but still "moderately,"
useful. (pp. 34, B6-B7)
Changes in the Program
- The office's professional development program has recently been expanded, and perhaps
also redirected. Further expansion and/or refinements are expected in the near future.
(pp. 40-41, C4-C6)
- The recent changes include increased
emphasis on formal skills training, and perhaps also on individual coaching and feedback.
(pp. 40, C4-C5)
- Future changes will include some
nontraditional, informal, and/or individualized approaches to both group and individual
development. (pp. 41, C5-C6)
Administration of Professional Development
- The professional development program, and outside CLE activities as well, are probably
the responsibility of a generalist administrator with other major duties.
In law offices of 100 or more lawyers, either a practicing lawyer or dedicated
professional development administrator is almost equally likely to be responsible
for professional development. (pp. 42-43)
- The responsible administrator is eager for a wide range of
information and resources to support his or her own development of the skills and
knowledge needed to plan and manage the program. (pp. 43-44, B8-B10)
Caveats and Conclusions
Please see the cautions in the following chapter about
sample sizes and other statistical considerations concerning the representativeness of the
data (pp. 7-8) .
You will notice as well that the survey emphasizes
quantitative data on programming and resources, rather than issues of their quality and
effectiveness. The responses tell us quite a bit about the level of effort that law
offices are putting into professional development. They do not measure the extent to which
that effort succeeds in improving competence. That will vary between programs and among
individual participants. The connection between the effort and the results is a subject we
look forward to studying in the future.
Furthermore, our questions focused on the organization's
centrally administered activities and resources. We have therefore excluded from
consideration the substantial "underground" of professional development: the
enhancement of abilities through individual coaching and mentoring outside of any kind of
structured program, through trial and error and experimentation (hopefully in their
appropriate place), and through the resourceful, independent learning efforts of
individuals. People who are aware they need more understanding or skill to perform
competently can be extraordinarily inventive about finding ways to close the gap, and
about getting others to help them. In that regard, lawyers and other highly educated
professionals are particularly motivated, resourceful learners.
A major benefit of an organized professional development
program lies in the efficiencies and steady progress that flow from regular planning and
oversight and regular availability of a range of developmental resources. But the primary
benefit -- and goal -- of such a program is the assurance that a lawyer who lacks the
requisite skills or understanding to perform an essential task competently will, early on,
be made aware of the deficiency and enabled to correct it. It is a benefit that accrues to
the lawyer, the law office, the client, and the profession.
[Survey Report, pp. 3-4]
© 1995 Evelyn Gaye Mara
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