CELL Blog | Center for Engaged Learning in the Law

“So do you feel like your class is full of whiners?” a professor asked me recently.

“Oh my God, yes!” I responded.

“Why do you think that is?” my professor queried.

My response? Because you let them.

In all fairness to my classmates, the current and habitual state of flux in which our fledgling school operates (and I use that term loosely) could make even Mother Teresa go postal. When they told us in our very first week that “it depends” was the quintessential law school answer, we assumed they referred to answers of substantive law as opposed to answers to questions like, “What day does class start?” But a year and a half later, the hallways still ring with shouts of that most noble epithet, “Give me ambiguity or give me … something else!!” In a culture such as this, legitimate complaints understandably abound; yet we – over-achievers to the core – have found a way to exceed even this lofty threshold with our endless moans and groans.

My favorites include: (1) the school-wide state of mutiny whenever more than one assignment is due in the same week; (2) the audacity of demanding Litigation majors wear courtroom attire 4-hours per week during Trial Ad (which takes place, oddly enough, in a courtroom); and (3) the affront to those having to adjust their dinner schedules to accommodate one evening class per week.

While I don’t speak enough psycho jargon to get to the true Freudian core of whining as a social skill, I can tell you that, just as with small children, letting big children get away with a bad behavior only makes the behavior worse. When complaints like those above are raised, the usual responses include (but are not limited to): cajoling, ignoring, nodding, and encouraging.

Why!? Why on God’s green Earth would one entertain as legitimate the complaint of a future lawyer affronted by the concept of wearing a suit to court?? Why would one cajole the tears of a future patent attorney who runs the risk of malnutrition for want of knowing how to feed herself in between class times?? And why oh why oh why would professors, themselves licensed attorneys, adjust the due dates of assignments to accommodate those operating under the delusion that practicing attorneys never, ever have more than one assignment due in the same week??

It seems like these responses from professors to students follow the same logic as between parent and child: here, take this lollipop and go away so Mommy can get her law review article written. But we’ve all met kids raised like that (I hear they turn into whiny law students, but that could be mere rumor) and at this stage of the game, it’s just silly and counterproductive to continue the pattern. It sets everyone up to fail: the students will flop in the real world when the staggering realization of deadlines, fiduciary duties, inflexible senior partners, and even less flexible judges sets in; the school will fail when the legal community realizes it’s churning out whiny toddlers instead of polished, professional lawyers; and students with legitimate complaints will be met with a proverbial lollipop instead of a genuinely concerned ear.

So the next time a litigation student whines about having to wear a suit one night of his life for the next 10 weeks, do everyone a favor: look him dead in the eyes and shout, “ARE YOU FREAKING SERIOUS!? GROW UP!!” (or…you know…something to that effect)

I’ve offered to work on teaching with four colleagues who are in their first or second year at Gonzaga. After getting to know them Fall semester (I’ve been gone from Gonzaga for three years), visiting each of their classes, and debriefing those visits, I sent each of them this invitation:

Would you like to engage in any of the following development activities?

1.Your assessment of strengths, weaknesses, new approaches you would like to try
2.Complete the student evaluation form for your own courses
3.Locate teaching and learning resources (Books, Videos, Articles)
4.Review of Fall 2007 student evaluations
5.Class visits
a.Others view your class
b.You view others’ classes
6.Gathering formative feedback from students in Spring semester
7.Consulting with peers
8.Teaching journal
9.Videotape of your class
10. Other development activities that appeal to you…

Their reactions were interesting. Two thanked me for the offer and set up meetings with me to engage in teaching development activities during Spring semester. (We have met several times since and are pursuing several types of development activities.) One expressed interest but worried about how we would find the time to do this. (Subsequently, we decided to gather feedback from students next week.) One sent an email message within five minutes of receiving the invitation – “Did you hear bad things about my courses?” (I had not, which that teacher was very relieved to hear. I have not heard from the teacher since then. Should I follow up?)