The Mindful law Studenttm

Finding Balance and Success in Law school

Professional Responsibility and Mindfulness:

Ethics for Lawyers in the Digital Age

This Spring (2010 semester), Jan Jacobowitz, J.D., and Scott Rogers, M.S, J.D., are teaching a professional responsibility and mindfulness class for second and third year law students.  The course focuses on the ethical implications of social media, weaving it into a review and discussion of more traditional topics and legal decisions. Student are introduced to mindfulness practices, including its neuroscience underpinning to cultivate greater insight into the mechanisms, personal and interpersonal, that influence their conduct.

The Course Description provides:

A Judge's decision upsets a lawyer and he vents his frustration by blogging and characterizing the Judge as "an evil witch" on a Halloween posting. A young attorney excited about her practice discusses some of her cases on Facebook.  A lawyer serving as a juror blogs about the trial. All of these lawyers are enjoying the new media and all are being prosecuted for violations of the Code of Professional Responsibility.

New technologies provide the legal profession with opportunities for networking, advertising, discovery, research, and client development. The New Media is also becoming familiar ground for personal expression. The global and instantaneous reach of New Media coupled with its perpetual presence, results in a limited and unforgiving learning curve; The Code of Professional Responsibility continues to govern.

Mistakes occur frequently due to distraction, unfamiliarity and haste, and poorly thought out actions and can leave lasting scars on the otherwise unblemished reputation of lawyers (and law students). Even deliberate tactics can backfire as unforeseen consequences arise. Anyone can find themselves a "test case" if they traipse into this territory without caution and awareness. The applicability of the rules of professional responsibility continues to develop as the digital media comes of age.

This course uses cutting-edge fact patterns and legal decisions involving lawyer misconduct and New Media and technology to expose students to the realities of professional missteps that can follow from seemingly innocuous activities. Contemplative practices, such as mindfulness, are incorporated to offer students growing insight into what motivates them to act, and to practice developing, and wisely using, the mental brakes needed to slow down and introduce greater deliberation into decision-making. The neuroscience associated with focus, distraction, and morality is discussed to offer students a penetrating examination of the inner-workings at play. Core professional responsibility concerns including confidentiality, professionalism, communication, and advertising will serve as the backdrop for this instruction, which will be introduced through lecture, role-playing, and dialogue.

Click here to view the class syllabus.