|
FROM WATER CLOSETS TO ALUMNI
RELATIONS:
A FEW REFLECTIONS ON WHERE THE
DEAN'S
TIME IS MOST PRODUCTIVELY
DEPLOYED
by Lawrence Ponoroff*
Tulane University Law School
The University of
Toledo Law Review
’s annual symposium issue on “Leadership
in Legal Education,” or less vaingloriously, on “Short Essays from
Sitting Law School Deans,” has been a creative and useful
innovation. Now in it’s
fifth edition, the symposium, under the gentle but persuasive
guidance of Professor Bill Richman, has offered a rare glimpse into
the life, attitudes, triumphs, and frustrations of law school
deans—and, surprisingly, there is actually interest in some quarters
in taking a peek.
Therefore, I was pleased to be asked to make another
contribution for this year’s issue, and I set about eagerly to the
task.
There was, however, just one problem. After four issues and a
hundred essays, give or take, what’s left to talk about? Faculty governance? It’s been done many times,
and often with acerbic wit or exasperating frustration. Law school/central
university relations?
Several perspectives, including my own. Advice for the new
dean? More than one
could absorb in a lifetime.
Fundraising, teaching, scholarship, retreats, affirmative
action, rankings, community outreach, interdisciplinary studies,
budget, leadership styles?
All have been addressed, and usually in a thoughtful manner
leaving little room for much of anything save repetition.
So I needed something fresh and gave it a great deal of
thought. I reflected on
what I’ve done, what I might have done differently, and unexpected
aspects of the job. I
though about successes and failures, and there have been a few of
the former and plenty of the latter, but, alas, no epiphanies. Surely, though there must be
some topic critical in importance but unexplored in the pages
written heretofore.
“You just have to think outside the box,” I told myself,
“what are some of the weightiest issues you’ve encountered and been
charged to manage”? And
then I thought I had it.
Something no one has raised or even mentioned in passing
before, but which looms large in the day-to-day life of a sitting
(no play on words intended here when you see what follows) law dean;
namely, should the dean have his or her own private loo, (uh,
bathroom)? I do not,[i]
and there has been more than one occasion when (for a variety of
reasons that are probably best left to the imagination) I would have
liked one. But what are
the subtle symbolic entailments of that sort of elitism—one stall
and no waiting? What
kind of message does it send to the students, the faculty, central
administrators who are forced to walk down the hall, and even
occasional visitors to the dean’s suite who inadvertently go through
the wrong door?
On
reflection, I quickly realized that there’s a lot of meat on this
particular bone, and it’s a topic that to my knowledge has largely
gone unexamined not only in this symposium series but in the
academic literature generally.
But really, is that what people want to hear or read
about? The opportunity
for scatological humor was tempting, but I finally concluded that
the risk of being perceived as superficial, selfish, and undignified
was too great. Indeed,
my school could even get hurt in the all-important reputational
ratings if some prudish, up-tight, narrow-minded opinion-maker
perceived my essay as in poor taste. So back to square one. Bill helpfully suggested
something along the lines of the dean as a continuing legal scholar,
but who would believe that?
Hence, I’ve decided to talk about something a bit more
prosaic but certainly no less important. A subject not only less
likely to get me into trouble, but also one that I honestly don’t
think has received adequate attention.
There has been much discussion, in this series as well as in
law deans’ meetings, about the challenges presented by the fact that
the dean has half a dozen or more natural constituencies, each of
which thinks it ought to be the dean’s first priority, and none of
which are preeminent by definition. But I think that last part
is not necessarily true.
While it may not always have been so, the modern law school
dean does, or at least I think should, consider one constituency as
uniquely his or her own.
That constituency is the school’s alumni, and that’s what I
ultimately want to address in this essay—alumni relations—and not
just as a piece of the development picture, which it clearly is, but
as the arena where the dean faces unique challenges and is presented
with abundant opportunities to make a difference for his or her
institution.
As I think about it, I probably spend more time on alumni
relations than any other aspect of the job.[ii] Of course every school is
different in terms of what it needs from a dean. The needs of public schools
are different from private schools, just as newer schools have a
different mix of need priorities than established institutions. Some faculties require more
of an intellectual leader in the building; others schools need
someone with a so-called “vision”; while still other institutions
are quite content with a dean who can simply keep the ship on
course, push the paper, and interface with the central
university. But, I
would maintain, no school can afford to ignore good alumni relations
and there is really no one as well suited to handling the task, or
capable of carrying it out effectively, as the dean.
Law school deans enjoy a certain cachet relative to their
peers elsewhere in the academy. Just as law alumni tend to
identify much more closely with the law school than the larger
university, so, too, do they tend to respect and idealize the law
school dean much more so than can be said for the deans in other
disciplines, including other professional schools. This can be heady stuff, and
the standard admonition to new deans is to remember that it’s
positional rather than an artifact of the dean’s personal charm or
accomplishments. But it
exists. And this
affinity presents the opportunity for the dean to have the most
significant impact in the arena of alumni relations and, in the
process, effectively serve his or her other constituencies.
In making this case, I’d like to explain first the important
role I believe alumni play with respect to the health and vitality
of the institution. I
doubt anyone disputes that they play a role, but it’s my contention
that their role is in fact the most critical. More so than any other
constituency, I am convinced that enthusiasm and support from alumni
can be the lynchpin that makes the difference between a school
elevating its prominence and reputation or sinking into a hopeless
miasma of mediocrity.
Next, I will examine what I regard as four of the greatest
challenges the dean faces in connection with alumni relations and,
then, finally, modestly offer some suggestions for maintaining
constructive and effective alumni relations.
For better or worse, unlike the sciences, engineering, and
even the liberal arts, most of our institutional support comes from
alumni, directly or indirectly. We don’t live or die on
private and governmental grants, sponsored research, and corporate
philanthropy. I think,
as institutions, law schools are beginning to recognize and take
better advantage of these sources of support, but our efforts so far
mostly pale by comparison with our colleagues in medicine, business,
public health, and engineering. Also, while advances in
instructional technology have made law schools much more
capital-intensive enterprises than certainly was true in the past,
we still don’t have to maintain expensive labs or incur huge faculty
start-up costs.
Moreover, while recent years have seen an encouraging growth
in empirical research, most of our research still largely occurs in
the library or in front of our computer screens; that is to say,
it’s cheap to perform.
All of this has meant that our support has been and remains
primarily alumni-based.
That’s undoubtedly one obvious and important reason why
alumni relations must be an important component of every dean’s
job. But it goes much
deeper than that, and my primary focus in this essay is on the
non-financial contributions alumni can provide, fully recognizing
that the more alumni are involved at every level, the more likely
they are to give of their money as well as their time.
In
today’s competitive environment, none of us view our mission as
serving the educational needs of aspiring lawyers in our immediate
community. We all see
ourselves as “national,”[iii]
or certainly regional, in orientation and uniformly aspire to cast
our nets even wider.
While some may quibble, there’s nothing wrong with this. The learning experience is
simply much richer when students are able to learn with peers who
come not only from different political, cultural, and economic
circumstances, but also different geographic environments. So we are all playing on a
national stage, but, for the most part, doing it with staffs that
are no greater in size than they were when our aspirations were far
more humble.
This is one arena, beyond financial support, where alumni can
play an essential role; namely as advocates and ambassadors of
goodwill for the school in their communities and with their networks
of professional and personal contacts. Alumni are, or can be, in
effect, your surrogates and your agents, allowing you to reach
simultaneously more mark ets than
would ever be possible with your own staff and to penetrate those
mark ets with great efficiency.[iv]
To
begin with, alumni can “talk up” the school among prospective
students with whom they will inevitably come into contact through
family, friends, neighbors, business associates, and clients. This kind of endorsement is
not only more personal than any glitzy view books and other
propaganda disseminated by our Admissions Offices, it’s also more
credible. When we hype
our own programs, our pitch is taken with just a grain of salt, and
rightly so. We’re
impeachable on grounds of interest and bias in a way that alumni,
despite the connection to the school, simply are not.
For years, the “Ivys” have made a local interview with an
alumnus/a the first step in the undergraduate admissions
process. I don’t know
for certain, but I strongly suspect that the results of these
interviews have almost no bearing on the ultimate admissions
decision. Rather, it’s
a way of keeping alumni connected to, and feeling valued by, the
institution; alone a good and sufficient justification for such
programs. At the law
school level, however—or at least for most law schools—alumni
“interviews” of prospective students, and particularly admitted
students,[v]
can play a vital role in influencing the student’s decision in a
manner that is neither possible nor necessary when a high school
student has decided to apply, for example, to Princeton. Thus, there can be purposes
of both form and substance served by inclusion of alumni in the
student recruiting process.
Indeed, at the risk of revealing a trade secret, for the past
two years as we have held alumni receptions in cities around the
country we have started inviting admitted students from those areas
to these events. Our
impression is that this has had a powerfully positive impact on
those students who do attend—and who are lavished with attention by
alumni waxing nostalgically and warmly about their own student
experiences—as well as those who are unable to be at the function
but regard the invitation as a much appreciated personal
touch.
Career services is another obvious area where an organized
and active alumni network can pay significant dividends for
matriculating students and recent graduates. Given the staggering
educational debt that so many of our students incur,[vi]
placement looms large both as a moral imperative and a practical
necessity. More
selfishly, no matter how positive a student’s law school experience
may have been, if he or she leaves with a sour taste because of
dissatisfaction with the services provided by the school in
facilitating a job search,[vii]
it will be a long time, if ever, before that graduate feels disposed
to begin supporting the school.
I believe for both of these reasons most of us are devoting
more of our own time and an increasing quantum of our resources to
our “placement” operations.
Nevertheless, there are finite limits to those resources and,
more importantly, finite limits to the ability of career counselors
on campus to help guide a student’s job search in a city 1,000 miles
away. There is simply
no substitute for being on the ground in the local legal
culture. Thus, again,
our alumni can be, if not our salvation, at least our eyes and ears
in their mark ets. From encouraging their own
firms and organizations to recruit in both on and off-campus
programs, to serving as a general informational and networking
resource for students seeking to return or relocate to their
communities, alumni involvement in career services can be
extraordinarily valuable.
When it works, it
works—alumni enjoy the student contact and the sense of purpose, the
school appreciates the relationship and assistance, and the real
winners are the students.
But for it to work, careful coordination and control is
needed on the home front to ensure that alumni who volunteer to help
are neither overwhelmed with frivolous calls and e-mails nor ignored
once they’ve been asked and agreed to be part of the network. Speaking generally, law
school alumni, as much as any group, are willing to give generously
of their time, but they have a very low tolerance for having their
time wasted. As with
all programs involving alumni inclusion, therefore, meticulous
internal preparation, planning, and monitoring in the execution are
critical to guaranteeing a positive experience.
The
list of additional ways in which alumni can play a pivotal role in
the law school’s fortunes includes, among others, serving on the
adjunct faculty, opening doors with potential corporate donors,
making introductions to key staff at foundations whose philanthropic
interests match an opportunity at the school, and running
interference when the school is faced with a delicate political
situation. In the
latter case, whether it’s a program that has evoked controversy[viii]
or a critical negotiation with the central university, key alumni
can play an important mediating role. By the way, I chose that
term—mediating—quite deliberately. In these situations, alumni
can help soothe uncontrolled passions and promote understanding and
constructive dialogue.
They can facilitate and open lines of communication and keep
tempers in check.
Harboring the fantasy, however, that alumni will go to
“battle” for the institution with whoever is the demon du jour is as
ill-advised as it is fanciful.
While lawyers often tend metaphorically to posture issues in
terms of combat and warfare,[ix]
as educational institutions we need to be in the business of
educating, not chalking up pyrrhic victories. But this does not in any way
diminish the value that an influential and supportive group of
allies can have in times of unusual challenge that, inevitably, we
all have or will face.
Having extolled just some of the ways in which alumni can make huge
differences for the school if properly motivated and utilized, it’s
also fair to point out that alumni relations can sometimes prove
extremely ticklish. I’d
like to describe what I have found to be the four biggest challenges
in dealing with alumni before turning to some suggestions, based on
my limited experience, for fostering useful and profitable
relationships with alumni.
In no particular order, I’d label these challenges as
follows:
1.
The law school (or someone associated with the school)
is doing something I don’t like or disagree with.
2.
I’ve decided after thirty years of practice that I
have a lot to offer and so I’ve decided I’d like to join the
faculty.
3.
Please admit Johnny (who doesn’t test well) as a
personal favor to me.
4.
The law school should be teaching [fill in the
blank].
Lamentably, it is not atypical for alumni to focus on
one aspect of the law school’s rich array of curricular and
co-curricular programs, or the activities of a particular faculty or
staff member, and find fault.
It may be a journal devoted to a topic that some alumni view
as an anathema, it may be the publicly articulated political or
policy views of individual faculty that offends others, or it may be
a clinic that certain alumni regard as a “black eye” for the
school. Personally,
I’ve had the joy of dealing with all three.[x] It’s easy to get mad and
defensive at what might be fairly regarded as reactionary or
unwarranted opinions on any of these issues, but expression of that
anger and pique only hardens attitudes and deepens the rifts. At the risk of venturing
somewhat out of my professional domain, I have found that first and
foremost one has to acknowledge the concern—something akin I suppose
to a combination of active listening and empathy. That does not mean, however,
compromising one’s institutional values and ideals.
First, it’s been my experience that, in many cases,
being shown the respect of a personal meeting with, and having the
opportunity to vent directly to, the dean has a way alone of
defusing the issue—no one likes to feel that his or her concerns are
simply being ignored or trivialized. Remember, they wouldn’t be
so upset if they didn’t care, so view the anger as a positive
sign. Second, in some
instances, the unhappiness with the school’s program or activity is
the product of fundamental misunderstandings about what that
activity is really about or not about. As is often the case,
mistrust and misconception are bred in ignorance. This is why it is much more
important for the dean to reach out to the alumnus/a who doesn’t want to see you
because he or she is mad at the school than it is to be seduced into
spending time only with the alumnus/a who is happy, content, and
flattered that you want to meet. We cannot afford, nor is it
our place, to write off some cohort of our graduates who want
nothing to do with the school because of their anger over some
aspect of our programs—or at least not write them off until every
reasonable effort has been made to salvage the relationship. Finally, sometimes alumni
just need the reassurance from the dean that a publicly espoused
view expressed by somebody affiliated with the school reflects their
personal opinion only and not the official policy of the corporate
body.
Alas, however, there are still occasions when, even
after full and informed discussion, the disenchantment remains
unabated or proves fundamental. It is at these points that
we sometimes have to agree to disagree. My own approach to dealing
with these situations is to lay down the gauntlet by explaining
that, unlike in the private sector where performance is gauged by a
single metric, our goals are by definition more multifaceted and
open-ended than a bottom line result at the end of the year. Therefore, I explain that,
“sooner or later we are going to do something or someone will say
something that’s going to tick you off. However, when the sun sets
in the west,[xi]
you either support us or you don’t, no one gets to pick and choose
or control the agenda.”
In other words, it’s our job to try to make alumni, and for
that matter non-alumni, understand that our institutions need to be
neutral fora for experimentation and diversity, where all views can
be freely expressed and the only thing that would be troubling is if
any one view felt unwelcome or suppressed. Sometimes this message
resonates, and sometimes not, but it never works in the long-run to
pretend you’re something other than you are or to make promises you
can’t keep.
Speaking of being plain spoken and straight-out when
necessary, I have learned (the hard way) that, in the long-run, any
response other than a direct one to the alumnus/a who expresses a
desire to join the full-time faculty runs the serious risk of
creating exaggerated expectation and false hope. The first several times this
came up, never being one to mince words, I’d try to deflect the
question by mumbling something incoherent and suggesting I would
bring this interest to the attention of the chair of the faculty
appointments committee.
On more than one of these occasions, what the alumnus/a heard
was that it was basically a done deal. Now I take a different
tack. Although I
acknowledge, first, that I’m sure he or she would be a great teacher
and has much to offer—which is usually true—I also make it clear
from the get-go that the likelihood of this happening is remote for
a variety of reasons, not all which may be fair or rational, but
each of which is quite real nonetheless.
It’s
important to tell the truth (it’s amazing how universal that
admonition is and how infrequently it’s actually expected), which,
in the case of appointments, is that the dean is probably the single
least important person in the process at least until the
faculty has authorized the offer. It’s also important to
explain what faculty—rightly or wrongly—tend to look for in new
appointments, which is not experience necessarily, but individuals
with the usually proven potential to make a career out of an
academic life. The
criticality of scholarship as an essential component of our
professional identities cannot be overemphasized, nor can the
expectations and rigors of the tenure process. Finally, I’m also upfront
about the bias most schools have against hiring their own graduates
and the reasons there for—again, always objectively chronicling the
process without either defending excessively or decrying
hypocritically the fact of the matter. If you’re honest, people may
be disappointed but they usually appreciate it; which is to say that
the message will get across without, in most instances, the
messenger taking any shots.
So, you’ve successfully developed a personal relationship and
friendship (see advice below) with a particular alumnus; he is now
supporting the school and doing so generously; then comes the call
that he would like you to admit a dear friend’s child who is a
terrific person and whom he has known since childhood, but who only
has an LSAT score of X and an undergraduate grade point average of
Y. However, your friend
and ardent supporter assures you that this individual is extremely
bright; he is certain she will be successful in law school; and that
she is “just not a good standardized test-taker.” You promise to look into it
and, more often than not, discover that the actual LSAT is X minus 5
and the GPA is Y minus five-tenths. Indeed, by dint of objective
credentials, this student is in the bottom ten percent of your
applicant pool and your current acceptance rate is about one out of
five. What do you
do?
First, let’s be honest, institutional interest, legacy,
etc. do play a role in our admissions decisions to one extent or
another, but ordinarily as a small “plus” factor and certainly not
as an automatic pass.
Second, federal privacy laws prevent you from discussing or
revealing any of the specifics in the applicant’s file without
consent. So how do you
handle this situation?
Again, I would submit the best advice here is a polite but
firm and candid one. It
is possible, ordinarily, to communicate how far out of your normal
range of admissions this applicant is without revealing her to have
stretched the truth just a tad and, just as importantly, without
violating her protected rights of privacy.
To
begin with, one can speak in terms of number of applicants,
acceptance rates, quality of the pool expressed in percentage
ranges, the issue fairness inter se among applicants, and so
forth. I normally also
point out that we are a very expensive school and, therefore, feel
an obligation not to offer admission unless we have a high level of
confidence in the student’s ability to successfully complete the
program. One can then
say, and say without it being personal because, after all, you don’t
know this candidate, that “in our experienced, although admittedly
not infallible, judgment, this applicant fits the profile of
students for whom we may not be the right program.” I typically couple this
explanation with an offer to meet with the student to discuss other
options (and do so, if requested) and also point out the possibility
(although not guarantee) of being able transfer after the first year
if the student attends another school and essentially proves us
wrong by performing above a certain level—that level tending to
vary, quite frankly, based on how realistic I believe it to be that
we would ever admit this student.
I
have found that most alumni are pretty understanding about
this. There are,
however, concededly a few who regard their support as having bought
them more influence than you can possibly allow or deliver.[xii] In those cases, you will
probably lose the support, but the alternative is unacceptable. Moreover, the one
conversation I assiduously steer away from is the one that suggests
or even implies a quid pro quo for the admission either from the
family of the applicant, who would be “extremely grateful” and are
“very comfortable,” or the alumnus/a himself or herself.[xiii]
Turning to the last challenge, we all know that there is
a fundamental disconnect between what many in the profession thinks
the law schools ought to be doing and what most of us believe
is our primary role and mission. Thus, it is not at all
uncommon for alumni to advise you about how the law school’s
curriculum should be reformed, usually by inclusion of more
doctrinal and practice-oriented courses.[xiv] While some of these
recommendations may not be “bad” ideas (ok, yes, most are) this can
be a real quagmire. Now
one could legitimately take the dodge here that curriculum falls
squarely in province of faculty governance over which the dean has
little control[xv]--and,
indeed, for some faculty the dean is a consistent negative
bellwether. But really,
how often do you want to put yourself in the position of sounding
weak and wimpy?
My
approach, therefore, (and offering some comfort I actually believe
this to be true) has been not only to point out the enormous growth
in the skills-oriented aspects of our curricula over the past twenty
years, but also to emphasize the need for and importance of
balance. Specifically,
after explaining that there are diminishing returns and finite
limits to our ability to teach practice skills,[xvi] I try to make the case as to
why it is equally if not more important that we also imbue our
students with the broader ability to think critically and reason
analytically about the law and the resolution legal problems. Not only is that what we can
do best, but also it is a “skill” that is timeless. By contrast, the particular
“rules” of law as they exist today are often unre
mark able and certainly not enduring. Good lawyers appreciate and
understand the role of law within the larger fabric of society and
are able to think creatively about important issues of social,
economic, and political policy as they relate to law. You can also quite fairly
make the point that learning occurs progressively over time with
many of the purely practice oriented skills best learned after law
school in a contextualized environment more suited to the
task.
Once
more, the point is to undertake to educate, and not argue with or
pander to divergent views.
We have the responsibility and the unique opportunity to make
alumni (and others) understand not only what we do but also why we
do it. Sometimes we do
things in a manner that is not popular with alumni and which they
resist or just fail to respect. This is not reason to
abandon those didactic methods if we deem them effective or of value
any more than we should abandon other important strategic priorities
just because they come under external criticism. But our job as deans, in
addition to listening to constructive suggestions with an open mind,
is to bring the naysayers along through explicative dialogue. As noted earlier, nothing
makes alumni madder than being ignored or having their views and
concerns treated dismissively.
But if you are willing to take the time to educate, they may
not always agree, but I have found they will listen—and you may gain
some new insights in the process, too—and there are precious few
more important accomplishments than keeping the lines of
communication open.
Assuming I have been at all convincing as to the
criticality of good alumni relations and the reasons why this
responsibility is uniquely the dean’s, I’d like to suggest what I
believe are a number of very practical guidelines for carrying out
this role successfully.
As a threshold matter, however, no instruction manual will
pull you through unless you like people, and particularly people who
are lawyers. I happen
to; indeed, I was one for many years. Not everyone does and it
can’t be faked. Alumni
relations and development—and let’s face it there is a thin line
between the two—are highly relationship based and require enormous
enthusiasm. If you’re
not enjoying it, the likelihood is that it shows and you’re not
going to be successful.
Beyond that preliminary sine qua non, you have to
visible. By this I mean
the mountain has to go to Mohammed. Your alumni have busy
personal and professional lives. If you’re not out there
trumpeting new accomplishments, sharing goals and aspirations, and
generally creating excitement about the school, then for most alumni
it’s “out of sight out of mind.” If your alumni, like ours,
are scattered across the country, and even abroad, that means a lot
of travel, which these days is decidedly unpleasant, but also
absolutely necessary.
In addition to short trips in-state, I make on average twenty
or more out-of-town trips each year, generally consisting of a
number of individual, firm, and small group visits, and usually one
city or area-wide reception.
On these trips, you must be able to promise alumni a
consistent presence in the community in the future and you must
deliver on that promise if you expect to see alumni become actively
engaged and involved with the school.[xvii] Parenthetically, since most
of these meetings, both local and out-of-state, occur over meals,
you must also learn how to push food around a plate and exercise on
the road unless you’re interested in replacing your entire
wardrobe.
Being
visible also means you must attend every class reunion—I haven’t
missed one in three years.
Unlike other alumni gatherings, I generally do not plan to
speak at reunions—on the theory it’s the class members’ party and I
feel that entitles them to a reprieve from speechmaking—but I’m
often asked to make a few re mark s
nevertheless and I never pass on the chance to extol our students
and faculty, as well as thank alumni for their support in helping us
meet our goals. Beyond
purely alumni parties and receptions, a presence at bar events,
awards dinners, major community fundraisers, etc., where lots of
alumni are likely to be present, does not go unnoticed and is deeply
appreciated.[xviii] The same can be said for
service on bar committees, legislative task forces, and community
boards. If you don’t
send the message that what is important to your alumni is important
to you,[xix]
don’t expect them to go the extra mile when you need and ask for
their help.
I
have also come to appreciate that good alumni relations is a two-way
street. After a while,
people are just going to stop coming to lavish cocktail receptions
(seriously!) to listen to you prattle on about the wonderful
accomplishments happening under your watch. It’s important to be
respectful of people’s time, and that means you have to think about
ways to make alumni events valuable to alumni, and it doesn’t always
have to be about you.
Two approaches that we have employed with some success are:
(1) short faculty talks or lectures on subjects of general or
topical interest at the city-wide receptions, and
(2) occasionally substituting smaller group dinners for the
bigger event, gathering alumni with common professional interests or
who are at more-or-less the same point in their careers. The small group events
represent particularly good professional networking
opportunities. Alumni
usually know the members of their class, and perhaps the members of
the class a year ahead and a year behind, but generally do not know
alumni who graduated even two years earlier or later. Trust me, when a partner in
large firm is seated next to the general counsel of a major company
in the same city—and they did not know one another before—he or she
deeply appreciates the invitation to that dinner.
If
you don’t have a Dean’s Advisory Council or Dean’s Advisory Board,
or whatever you choose to call it, form one yesterday. When I became dean more than
three years ago, we had not had such a body for nearly ten
years. That was a
grievous mistake. One
of the first steps I took after being appointed (even before my term
formally began) was to reconstitute an Advisory Board, and it has
been extraordinarily useful.
We meet at the law school twice a year. About half of the board
members come from out-of-state and a couple even come from
overseas. They are
flattered to be included and, in virtually every case, have
increased their support of the school as a result. Beyond the purely mercenary
motivations, the board can be a valuable source of new ideas,
providing perspective and experience, and a close network of willing
volunteers. More
personally, I think I can fairly say that every member of my board
has also become a friend, and these are friendships that I truly
value and cherish.
Next, find a way to bring alumni back to campus both
individually and in small groups to interact with current
students. There is
almost nothing as effective as bridging the generations at a
school. Graduates of
twenty, thirty, forty years and more ago get a rush out of meeting
with and talking to matriculating students. The students welcome the
contact, the advice from “real” lawyers, and the opportunity to
network. And, by the
way, did I mention this is a fabulous way to keep alumni feeling
connected to the school?
Institutionalizing programs designed to bring alumni on
campus to speak with relevant groups of students; e.g., an alumni
luncheon series or informational panels organized under the aegis of
career services to talk about different kinds of practice
opportunities or the practice in particular parts of the country or
the world, are extraordinarily effective mechanisms for making
alumni, and particularly out-of-state alumni who have less
opportunity for contact, feel like a part of the team. More to the point, programs
like these help to create a mindset that the alumni’s identification
with the school is not just the three years spent in residence, but
a life-long association that can pay dividends throughout their
career.
We
have also found that students particularly appreciate hearing from
alumni who have pursued non-traditional career paths, and there are
many of them. Let’s
face it, our career services orientation is largely, and
understandably, toward traditional practice opportunities, be they
public sector, private sector; big firm, small firm; or government
service, public interest, or in-house positions. Yet, we have found a
surprisingly large percentage of our graduates our engaged in
professions other than law practice, including investment banking,
real estate development, law enforcement, journalism, corporate
management, etc. To a
person, I have found that each of these alumni will say that he or
she is better off in his or her chosen field because of his or her
legal training. They
consistently point to the problem-solving and reasoning skills they
learned in law school (which are readily transferable to a wide
variety of non-legal settings), or the credibility and opportunities
for advancement that come with the degree, as the value-added
benefits of their education.
Nevertheless, until we started reaching out to these folks we
discovered that many of them felt detached from or even irrelevant
to the school precisely because they were not practicing
lawyers. For this
reason—as well as the fact that you are likely to find among your
non-practicing alumni some of your most financially successful
graduates—it is particularly important to have them participate in
whatever type of speakers’ program you design and establish.
Finally, recognize that your alumni are a pluralistic
lot. They include
liberals and conservatives, Democrats and Republicans, patriots and
dissenters. Without
suggesting that you should be disingenuous about your own political
inclinations or ideological leanings, I do think it unwise to wear
your politics on your sleeve at the risk of needlessly alienating
any one constituency of alumni. It’s also terribly unfair to
the institution—which is presumably equally pluralistic (or nearly
so)—since you can never completely disassociate your expression of
personal political belief and conviction from your official
position.
For
the same reason, I believe it is inappropriate for the dean to
accept compensated outside consulting positions—as if you had the
time—in matters involving partisan, private disputes. When you do, by definition
you are taking sides, and it is not the role of the dean to take
sides save for exceptional circumstances when vital institutional
interests are at stake.[xx] I don’t mean to imply that
you must abandon your own principles, but you do need to be
perceived as “above the fray.”
For example, I take great pains to attend both Federalist
Society lectures and ACLU awards dinners. I’ll go when possible to the
military law society’s programs and also be sure to attend the
annual LAMBDA-sponsored speaker event that we fund as part of our
amelioration response to the Soloman Amendments. However, I tend to stay away
from purely political campaign rallies and fundraisers (though there
are good independent reasons for avoiding the latter!). It really is all an exercise
in judgment and sensitivity to the perceptions created by what you
do and where you’re seen.[xxi]
So
the law school dean wears many hats, plays many roles, serves many
constituencies, or [fill in the metaphoric adage of your
choice]. My contention,
however, is that if alumni are not the dean’s highest priority,
surely they represent the constituency that the dean is most
uniquely positioned to serve, and a galvanized alumni community is a
re mark able resource that can pay
enormous dividends for the school. At the same time, an
apathetic or hostile alumni body can stand in the way and even
undermine your efforts to move the school forward both in terms of
the quality of the instructional program and your external
reputation. Therefore,
attention to alumni—a lot of attention—is paramount. If you expect to enjoy
robust support from alumni, you have to make the case; after all,
that’s what good lawyers do and have every right to expect in
return, and you have to do so personally to the fullest extent
possible. This point
was driven home to me just recently during lunch with an alumnus in
another city who asked, quite sincerely, why people should support
the law school as opposed to “real” charities, such as organizations
that address world hunger, churches and temples, or Jerry’s
kids.
It
was a good question and one that, in three years, had never been put
to me quite so straightforwardly. While his inquiry was
focused on financial support, I think both the question and the
answer apply equally to circumstances when we ask our alumni to
volunteer their time and expertise as well as their money. For most people, I
believe—including me—there are three key motivations that underscore
supporting the law school.
First is a recognition that the school played at least some
role in your current success and, that being the case, there is now
some sense of obligation to “give back.” Second, and somewhat less
selflessly, is the fact that to the extent with more resources the
school is able to raise its profile and national recognition, this
adds luster and value to the degree that hangs on your wall. Finally, some alumni give
because they know they are helping a new generation of highly
qualified students who might not otherwise be able to attend the
school enjoy the benefits of the kind of education they received.[xxii]
In effect, while taking
nothing away from “cause charities,” those contributions are
band-aids; whereas we are, if we do our job right, training
tomorrow’s leaders.
There’s an important difference.
I
have little doubt that there are a myriad of other reasons as well,
but I believe they all boil down to the basic fact that alumni get
involved, financially and otherwise, with their alma mater, as
opposed to or in addition to other worthy causes, because they
believe in the quality of the institution’s educational product,
they are pleased by what the school has accomplished, and they want
to be a meaningful part of seeing the school fulfill its aspirations
for the future. I’m not
sure anyone can deliver the message of excitement, success, and
potential as effectively as the dean, because at some level it’s
quite personal—alumni also become involved, frankly, because they
believe in you. That’s
both a compliment and a responsibility. It’s also why I’d maintain
that a powerfully strong case can be made that alumni relations
represents a law dean’s most important challenge and most fertile
opportunity to make a difference for the institution—even if it
means primping in a communal restroom!
*
Dean and Mitchell Franklin Professor of Private and
Commercial Law, Tulane
University
Law
School .
[i]
I would allow as to how the dean’s suite does have its own
refrigerator and microwave, but then those accoutrements are also
available to faculty and students in their respective lounges; the
WC, then, would be quite a different kettle of fish
altogether.
[ii]
This assumes one regards development as part of alumni
relations. However, in
my view, if one has good alumni relations, development follows as a
matter of course. Thus,
I consider the two as inextricably intertwined.
[iii]
Even this may be an understatement. At last count, I believe we
are now up to 41 “global” law schools.
[iv]
Which is to say that alumni are unpaid agents. Doubtless, from a budgetary
viewpoint this can be a very good thing indeed, and the adage that
you get what you pay for, while true in many other contexts, does
not apply here.
[v]
These meetings do not have to be, and ideally should not be,
structured as interviews per se. In fact, it is far more
effective when they are casual. Having an alumna invite an
admitted student to her office for coffee to talk about the school,
or meet with a small group of students in the area for a drink after
work, are both preferred to anything resembling a formal job
interview. Law alumni
are best pressed into service as salespeople, not
screeners.
[vi]
At Tulane, about 86% of our students graduate with
educational debt, and the average amount of that debt, including
undergraduate loans, approaches $100,000.
[vii]
The fact of the matter is that any student who graduates
without a job is going to be just a little miffed—although judging
by the reported U.S. News employment statistics, thankfully, this
appears to be a shrinking percentage of most law school
classes. Some students,
however, are not realistic about their expectations of our career
services function. They
assume the office is there to “get” them a job; as opposed to assist
them in what is, after all, their job search. Hence, I use the term
“facilitate” to differentiate those students who have legitimate
gripes from those who do not.
As a practical matter, however, the members of both groups
are about equally thrilled to receive their first annual fund
solicitation, not making that nuanced distinction about
legitimacy. On the
other hand, their replies often make colorful, albeit not uplifting,
reading.
[viii]
See infra note 10 .
While I was assured that the essays for this symposium are
intended to be informal affairs not even requiring footnotes, I did
want to slip in at least one infra.
[ix]
Indeed, lawyers frequently use metaphorical entailments of
warfare in talking about their cases; e.g., “taking no prisoners,”
“shedding the first blood,” “victories and defeats,” etc. It makes you wonder where
this comes from, as surely they didn’t internalize these values in
law school, right?
[x]
Among the targets of complaints I receive from time to time,
our Journal of Law and Sexuality, a faculty member who is defending
efforts to outlaw cockfighting in
Louisiana and our
Environmental Law Clinic, loom large. Indeed, the last could be
the subject of an entire essay on its own, but, first, I want to do
the private bathroom thing.
[xi]
I use this somewhat awkward phrase deliberately only because
I’ve become nauseated at how overused the phrase, “at the end of the
day,” has become, although I concede it probably would have sounded
better here.
[xii]
I once had a University trustee, whom I had disappointed on
an admissions case, ruminate, “What’s the point of being on the
Board if I can’t get someone into law school”? Indeed.
[xiii]
Note, I said I assiduously avoid the conversation; I didn’t
say I’m inattentive to the possibility. On the other hand, when it
comes to admissions, I’m much more influenced by consistent,
demonstrated support than I am by rainbows promising a pot of gold
at the end.
[xiv]
These include suggestions for courses in topics such as
client development, how to take a deposition, and purchasing
malpractice insurance.
Not that there’s anything “wrong” with any of these subjects;
it’s just the fear that it may be the slippery slope to “Legal
Flora,” how to choose plants for your law office. There’s nothing new in any
of this. When I was a
third year law student, the board of visitors, after careful study,
identified what they termed the 22 irrelevant courses being offered
at the time by the school.
Of course, at that point, I was either currently enrolled or
had successfully completed nine of those courses. Even today, the Council of
the Section of Legal Education of the
ABA is considering an
amendment to one of the accrediting standards that would require all
students to receive “substantial instruction in professional
skills.” It is not yet
clear what this means, or whether Legal Flora would satisfy this
requirement.
[xv]
Comparisons between a law school dean and the CEO of a
private company are woefully off the
mark . I frequently find myself
voicing a great quote, which I understand but have not verified is
attributable to Mahatma Gandhi: “There go my followers, I
must lead them.”
[xvi]
Other than in live-client clinics, which are extraordinarily
expensive to operate, and externship programs that raise serious
questions of evenness in the quality of the experience, skills can
be taught only through simulation. In my experience, the
problem with simulation exercises is that they are not real, and
thus do not carry the same sense of immediacy and importance that is
true of real client representation. In other words, students,
and for that matter faculty, can only willingly suspend their
disbelief for so long.
Another practical problem is the ability of our faculties to
teach skills effectively.
I have individual alumni who alone probably have more
practice experience than our entire faculty collectively. Finally, it is difficult and
of questionable utility to try to teach real world practice skills
until students have a firm grounding in legal methods, sources, and
analysis. This takes
time and in just a three-year program there is precious little of
that available for meaningful practical instruction unless we are
prepared to compromise some of our other, and arguably more
essential, pedagogical objectives.
[xvii]
Of course, I am speaking here of the institutional
“you.” A consistent
presence can be achieved by sometimes sending faculty and staff to
the area for an event, as discussed below. Even more ideal is the
organization of alumni chapters in different cities, which, with the
support of your staff, can organize and carryout their own events
for area alumni. After
all, as the late comedian Myron Cohen once quipped, “everyone’s got
to be someplace.”
[xviii]
There is, however, one decidedly negative side effect. One of the many unexpected
things I’ve learned about this job is that when you’re out there
asking people for money of all the time, sooner or later they ask
you back for causes they are involved with. Given the radical increase
in the level of my charitable deductions in recent years I’m quite
amazed that so far I’ve yet to receive an audit notice from the
IRS.
[xix]
In this connection, be aware of subtle, and sometimes not so
subtle, differences in the priorities between local and non-local
alumni.
[xx]
A good example of such a circumstance, at least in my view,
was in the days leading up to the Supreme Court’s decisions in the
University of Michigan cases.
[xxi]
For similar reasons, there are certain well known and I’m
sure very interesting establishments on Bourbon Street that I tend
to avoid patronizing as well—except in deep
disguise.
[xxii]
Vanity, I suppose, is a close fourth motivation, but rarely
operates in isolation from one or more of the other
three. |