Appendix A

Key Takeaways from The Introverted Lawyer for Law Professors and Law Practice Mentors

The following takeaways are summarized from the data and sources provided and cited throughout this book.

PREMISES

• Studies indicate that approximately 60 percent of the “gifted” population is introverted.
• About 13 percent of the general population in America struggles with social anxiety—an often-debilitating fear of judgment-based social interaction.
• Law school promotes unnecessary stress. Matriculating law students exhibit psychological markers that are reflective of the general population; however, an estimated 30,000–60,000 enrolled law students nationwide ultimately battle anxiety and depression.
• The Socratic Method, the perceived competitive/adversarial nature of some law school discourse, and performance-oriented assignments like mandatory oral arguments can exacerbate anxiety for introverted, shy, and socially anxious students—even though these students are committed to their studies, prepare diligently, and think deeply about legal concepts.
• Legal educators and law practice mentors can remove at least one layer of anxiety for these law students and future lawyers (without reducing intellectual rigor) by:
  • Providing more context about oral communications in a transparent manner: First, overtly explaining and acknowledging that talking about the law in the classroom environment might be more stressful for some students than others, especially while they are learning a new legal language.
  • Indicating that it might take a bit longer for these students to find their authentic lawyer voices, and that this is normal and OK.
  • Emphasizing that this IN NO WAY means that these students are not cut out for law school or the practice of law.
  • Reinforcing the notion that quiet lawyers can be some of the most impactful advocates in our profession.
• With the right guidance and mindset, quiet law students can learn how to better prepare for and navigate classroom participation and other challenging law-related interpersonal scenarios, staying “in the moment” and working to manage—and ultimately minimizing—anxiety, so that they can shine.
• With open-mindedness and empathy, law professors can foster a learning environment in which quiet students can experiment with, and succeed in, finding their authentic impactful lawyer voices.
• With open-mindedness and an inclusionary mindset, law practice mentors can foster a training, development, and client-focused environment in which both introverts and extroverts thrive, are mentally and physically healthy, and contribute greatly to the profession.

BACKGROUND INFORMATION ABOUT INTROVERTS

• We are conscientious and perceptive readers and fact-gatherers.
• We are active listeners.
• We are careful decision-makers.
• We thrive in working independently, in quiet spaces with minimized or no external distraction or competing stimuli.
• We process a lot of external stimuli at once, so large classroom, office, and courtroom dynamics can pose a challenge if not managed mindfully and strategically.
• We often prefer writing to speaking, because it helps us vet and test nascent thoughts, ideas, and theories before taking them “prime time.”
• While extroverts formulate answers and solve problems by thinking aloud, introverts naturally mull questions and generate answers internally.
  • Thus, we are, or might appear, slower to join a dialogue than our extroverted counterparts. But really, we simply prefer to wait until our ideas are fully formed and can withstand scrutiny before sharing them aloud.
• Science links introversion with enhanced empathy and creativity.
• We resist inauthenticity and honor genuineness; thus, mantras like “fake it till you make it” are incongruent with our nature.
• We think deeply while we problem-solve.
• We can be impactful writers because we are choosy with words.
• We are comfortable with, and actually appreciate (and need), pauses and silence.
• Prodding introverts to act like extroverts and “just do it,” “get over it,” “just get involved,” or “just speak up” does not work; it’s like telling your dog, “be a cat.” Many introverts have been told their entire lives to act like extroverts. This approach does not work and is antithetical to an introvert’s peak performance.
• The Socratic Method can be challenging for introverts—no matter how substantively prepared we are for the dialogue—because of the expectation to speak spontaneously and extemporaneously without time for thought, deep analysis, and internal trial-and-error before sharing thoughts and responses aloud. This does not mean that we can’t do it; instead, it means we need a thoughtful strategic plan.
• Introverts can be impactful transformative lawyers because of our natural tendencies toward active listening, deep thinking, creative problem-solving, contemplative writing, and empathic engaging—highly valued competencies in the legal profession.
• Even if we perform at peak levels in a law-related interpersonal interaction, eventually we need to retreat from everyone back into quietude to recharge.

BACKGROUND INFORMATION ABOUT SHYNESS AND SOCIAL ANXIETY

• Shyness and social anxiety reflect a fear of criticism or judgment from others, which can be grounded in (1) shame-based messages ingrained in childhood by past caregivers, coaches, mentors, and other authority figures, or (2) a single traumatic life event.
• This judgment-based fear can be debilitating for some individuals and can interfere in day-to-day functioning.
• The perceived judgment-based nature of the law classroom and legal practice arena can exacerbate social anxiety for some individuals.
• Perceived harsh criticism in the law classroom, office, or courtroom can trigger anxiety for shy and socially anxious folks because it ignites past messages deeply ingrained in our minds that play on an unhealthy soundtrack loop, blocking performance. Shy and socially anxious folks can eject the negative soundtrack but to do so takes self-awareness, a strong commitment, and a conscious strategic plan.
• Simply telling an anxious person to power through a nerve-wracking experience (“just do it and you’ll get over it” or “fake it till you make it”) does not work. Instead, we need a prudent, strategic plan to reframe unhealthy mental and physical habits and transform our thoughts and behaviors into empowering approaches to tackling each anxiety-producing event.

BACKGROUND INFORMATION ABOUT CULTURAL INTROVERSION

• Some law students and lawyers for whom English is a second language might experience cultural introversion in the law classroom or office.
  • These individuals might be confident extroverts in their native speaking environment, but fear of judgment based on accents or command of English grammar can foster self-censorship.
• Other law students and lawyers come from cultures in which disagreeing with or challenging a professor, a supervisor, or other authority figure is considered rude and disrespectful.
• Others have been raised in family environments with religious or cultural pressure toward quietude.

STRATEGIES FOR PROFESSORS TO FOSTER AN INCLUSIVE LAW CLASSROOM ENVIRONMENT

• Be explicit: State in class that you understand that the Socratic Method and other performance-oriented scenarios will invoke anxiety in some students and not others. Indicate that trepidation toward public speaking in the legal context does NOT mean these individuals are not cut out for the practice of law. With the right level of self-awareness and guidance, they can be impactful communicators.
• Model a Socratic dialogue on the first day of class and try to provide a sample “pattern” of questions, demonstrating to students that your goal is teaching and learning through conversation, not trick questions or a “hide-the-ball” test (which is how some students may perceive Socratic teaching without initial context).
• Give students practical advice regarding how to prepare for a Socratic dialogue—beyond just doing the assigned reading. Advise students to:
  • Use IRAC (Issue, Rule, Application/Analysis, Conclusion) or another easy-to-apply strategy or formula to organize concepts in the reading.
  • Create a glossary of unfamiliar words/terminology, with definitions.
  • Brainstorm alternative hypotheticals to apply the relevant legal rule from the assigned reading to different contexts.
  • Develop a “theme” for each case/rule/issue to use as “home base” if the student on-call does not understand the professor’s question.
• Model for students how to “stay in the moment” in a Socratic Q&A if they do not understand or know the answer to the professor’s question.
  • Give students practical advice on what to say in class if they do not understand or know how to answer a question.
• Advise students how to manage anxiety in the moment, such as:
  • Adopting a balanced seated stance to get oxygen, blood, and energy flowing in a constructive manner (i.e., rather than closing up into protective mode, with legs and arms crossed and shoulders hunched, opening up your frame).
  • Breathing.
  • Treating the classroom exchange like a conversation rather than a performance.
  • Making eye contact with the professor.
  • Projecting your voice loudly enough for the professor to hear.
  • Using the IRAC notes and themes.
• Foster a classroom dynamic of empathy when students are struggling:
  • Explain that you do not want to let students off the hook if the conversation becomes difficult, but instead you will guide them through the challenge.
  • Invite students to indicate if they do not understand a question, rather than fake their way through or shut down.
  • If students do not understand a question, break the query down into shorter questions.
  • Keep the student talking about what he or she DOES know, to help the student work through what he or she does NOT know.
  • Encourage students to help each other out in an empathetic and collaborative way.
  • Remind students that lawyers do not know the answer to every legal question posed; they read, think, research more if they need to, and collaborate to craft well-reasoned solutions to problems.
  • Acknowledge students’ efforts when they stay engaged during difficult moments.
  • Invite students to visit you during office hours to forge a human connection, to help them engage and feel more comfortable in natural dialogue in the classroom.
• Please do NOT advise quiet and/or anxious law students to “just do it,” “get over it,” or “fake it till you make it.” Instead, acknowledge and validate the reality of their anxiety, and provide or point them to additional, appropriate resources, so that they can work through their apprehension and become impactful, mentally healthy, empowered law students.

STRATEGIES FOR LAW OFFICE MENTORS TO FOSTER AN INCLUSIVE LAW OFFICE ENVIRONMENT

• Acknowledge the assets that quiet lawyers can bring to the table: active listening, deep thinking, thorough researching, creative problem-solving, contemplative writing, and empathic engaging.
• Afford quiet lawyers reasonable time and space to work in an environment in which they thrive: closed doors, minimized or no external distractions or competing stimuli, and reasonably appropriate time to read, think, and write deeply about legal concepts.
• Honor that quiet lawyers who take longer than more talkative colleagues to participate in group meetings likely are thinking about and processing legal strategy internally, and are vetting and testing theories before sharing them.
• Recognize that certain performance-driven scenarios might invoke more anxiety in quiet lawyers (especially, in quiet junior attorneys) than their extroverted counterparts:
  • Acknowledge that anxiety toward oral arguments, negotiations, presentations, depositions, and trial work does not IN ANY WAY mean that the quiet lawyer is not cut out for the legal profession or for the particular type of practice.
  • Provide reasonable context and training (or referrals to outside resources) for each of these performance-driven activities, not only substantively and procedurally, but with an eye toward mental, physical, and emotional strategies for minimizing anxiety and thriving in client representation. (Note: This type of training does not necessitate a significant amount of financial or time investment by the law firm, nor will it distract junior attorneys from their focus on billable client work. Conversely, even just one or two short training sessions or workshops focused on mental, physical, and emotional strategies for approaching interpersonal interactions in the legal context can go a long way toward reducing anxiety for new lawyers and fostering their mental health and well-being.)
  • Please do NOT advise quiet and/or anxious junior attorneys to “just do it,” “get over it,” or “fake it till you make it.” Instead, acknowledge and address the reality of the anxiety, and provide them with or point them toward appropriate resources, so these lawyers can work through these challenges and become impactful, mentally healthy, empowered advocates.

In the clamor of the legal arena, let’s start listening to the quiet ones.