Go Forth and Prosper: The 10 Commandments of Externships
by

Source

The Law Teacher, Volume 6, number 2 (Spring 1999), p. 1-2.

About the Author

Larry Krieger teaches at Florida State University College of Law, 425 W. Jefferson Street, Tallahassee, FL 32306-1601; (850) 644-7262; fax (850) 644-5487; lkrieger [at] law.fsu.edu

The externship teaching method has tremendous potential for developing student skills and critical thinking. This approach to education also requires particular attention, because of the possible variability in supervisory skill and other factors at the field placement. The following are concepts which may be helpful in developing a strong externship program.

I. Thou shalt love the externship, thy Program, with all thy heart, with all thy soul, and with all thy might.

Create a program you can passionately believe in, and support/defend it without hesitation. Articulate and address directly any concerns that you have, including consultation with adult learning specialists if necessary. If you doubt your program, who won't?

II. Thou shalt bear no false gods before thee, but shall prosper in the Truth in all thy ways.

Be alert to recognize and address directly any biases and assumptions that suggest externships are not responsible programs generally. If your program is designed and administered well, you will not have (long-term) problems. Avoid accepting negative stereotypes, and don't fall into the trap of defending apparent imperfections in externships. The best scholars and teachers have classroom students daydreaming in the back rows, and no in-house clinic is perfect either. Why apply the (impossible) standard of perfection only to field placements?

III. Yea, though thou walkest through the valley of the shadow of uncertainty, thou shall fear no evil, for thy Program is with thee.

It is crucial to create a clear and descriptive set of educational objectives and methods, and to have them approved by your Curriculum Committee or overall faculty. Live by them, and amend them as necessary to reflect the reality of your programs. The inevitable uncertainty of some field placements (and supervisors) is a reflection of the reality of law practice and real lawyers and will not undermine the program if you have considered realistic imperfections in your program design.

IV. Thou shalt humbly render the regulators their due, but thou shalt not bow down before them. And through thy steadfast righteousness it shall come to pass that they also shall believe upon thee and upon thy program.

Develop camaraderie with the faculty and work against any "we-they" attitudes. Generate an educationally responsible program that complies, at least largely, with the accreditation standards. Be consistent and confident in the administration of the program, and avoid reacting to, or generating, negativity.

V. Let there be no wailing, nor gnashing of teeth, over thy status or thy rewards, for verily I say unto thee that thence shall be planted many dark seeds in thy heart; and they shall be as a blight upon thy Countenance and upon the Countenance of thy children.

Complaining can make you miserable, and is likely to affect your home life as well as your job satisfaction. Avoid comparisons -- you'll always come out "better" or "worse" than someone else. Work for salary and status parity, but don't forget to appreciate the great job you have and your chance to shape skilled and decent lawyers. If that's not enough, try remembering how happy you were to leave the old job for this one; and if that doesn't restore a positive attitude, consider going back.

VI. Neither shalt thou bow down before the God of the In-house Clinic, for She is a True God, but She is not the One True God, nor is She thy God.

One of the particular assumptions that creates a defensive posture for externships is that the in-house clinic is the superior (or, perhaps, only legitimate) approach to clinical training of good and decent lawyers. It is clearly the more established and accepted approach, but look out for the unspoken standard that a good externship must necessarily model a good in-house clinic. That is a setup for guaranteed stress, as you try to ignore, deny, or cover up the obvious differences between the two. The legitimacy of your program will depend only on its own design, objectives, and whether it is conducted to responsibly meet its objectives.

VII. Thou shalt teach Goodness, Self-Reflection, and all these Truths to thy students, so that they may go forth and prosper in the whimsical Land of Externship.

Look realistically at the goals of your program, and the general level of reliability and expertise of your field supervisors; then decide how much preparation and relative autonomy your students will need to have a successful placement. Prepare them fully with these factors in mind. If this is not feasible, change placement offices, or amend the goals or structure of the program.

VIII. In thy dark moments quaver not before the plight of thy students, nor the fancy of their supervisors, but in all ways be true to thy Scriptures.

Inevitably, some students will have problems with their supervisors. They may learn well from the experience if properly prepared, and/or they may need to be transferred to a new supervisor or even a new office. Work to amend the supervisor's approach (if errant), by reference to your published objectives, methods, and supplementary materials. If that fails, make the necessary changes to maximize the student's semester, and consider suspending the placement or amending the relevant objectives and credit award.

IX. Suffer not the little accreditors to come before thee, for theirs is the Kingdom of Power and Glory. Neither tremble nor prostrate thyself in fear before them, though their ways be vexatious and strange. For I tell you, verily shall they lift thee up in thy time of travail, and shall anoint thee in righteousness before thy dean and thy faculty.

Theirs is, indeed, a position of relative power; and unfortunately, different teams will have different approaches and attitudes. Try to learn the identities of the members early, and hope for someone with externship experience, or at least a minimum of biases. But remember a few things: If your program makes sense and you are convinced and passionate about its worth, the team is likely to see things clearly. And if you need resources, the team is likely to note that in the report, thereby encouraging the administration to give more support to your program. Few programs have been closed as the result of accreditation visits. Approach the visit openly as a learning (and teaching) opportunity, in your own thinking and when interacting with the team. Communicate with the assigned visitor well before she/he arrives, to arrange for a cooperative and time-effective visit.

X. Go forth in Light, and joyfully sow the seeds of thy placements upon the fields. For though thou dwellest in toil with the doubtful and the weak of understanding, thou shalt be delivered mightily by the Light of thy Program, and shalt prosper in the Fields of Externship forever.

This should be the natural result of creating an educationally responsible program, standing confidently behind it, and avoiding negative reactions to possible biases. The worth of your program will be well articulated and supported for you by your students, alumni, and at least some of your faculty. Additionally, quality clinical programs are increasingly demanded from outside the college both by hiring attorneys and more skills-oriented regulatory standards. Stand clear and firm, approach difficulties honestly, care about your students, appreciate your work, stay positive. . . and thrive.