The author
would like to thank his friends who provided such helpful comments
in the preparation of this article. *Since most have distinguished
careers to protect they remain unnamed.* He is less grateful to
those reviewers who said the article should never see the light of
day. This article fulfills a career-long dream of the author to
write one article without footnotes. This is not a
footnote.
Deans sin.
There are the petty offenses: the occasional missed reception, the
student’s name forgotten or the parliamentary gaff at a faculty
meeting. These are generally forgiven and dismissed before the next
graduation.
There are,
however, the more serious decanal transgressions that are not so
easily forgiven or forgotten. The worst of these are deaning’s Seven
Deadly Sins, the wrongs that will rot a deanship. They may destroy
the trust that allows a dean to function, dissipate the opportunity
for the law school to make progress under a dean or interfere with
the collegial environment that supports learning and
discovery.
The original
Seven Deadly Sins dealt, of course, with personal failings. Pope
Gregory the Great is said to have suggested the seven capital sins,
modifying the list of eight developed by Evagrius of Pontus.
Gregory’s list included Pride, Envy, Anger, Avarice, Sadness (later
changed to Sloth), Gluttony and Lust. The personal deadly sins, of
course, are good for deans to avoid. But deans face additional
temptations and tribulations that deserve consideration and
caution.
Unlike the original seven, the decanal Seven Deadly Sins are not
purely personal, but have institutional implications. Not all
decanal sins are immoral, but they are disastrous for law schools
and their deans. Successful deans advance long-term quality,
professionalism, efficiency and equality of their institutions; have
satisfying careers; promote the professional satisfaction of others;
and help nudge forward the legal and education professions. They
also usually have some fun doing it. Successful deans are that way
in part because they avoid the seven transgressions that will
destroy deanships one way or another.
Each of the
seven deadly transgressions has a reciprocal or opposite evil. They
are the yangs to the yins of the Deadly Sins.
With apologies
to Gregory the Great, the Seven Deadly Sins of Deaning (with the
"opposite" evils noted in italics at the end of each
section):
I. Deception.
The lubrication of a deanship is the personal trust the dean creates
with many individuals and groups. Without trust a dean cannot
effectively work for long with law school constituencies. A dean
must be a reliable partner with faculty, donors and the bar. Most
people are too kind to announce that they no longer believe a word
the dean says, but they do notice deception. When they feel deceived
they will begin to avoid and distrust the dean.
Deception is not limited to outright lies. Small dishonesties
ultimately undermine a dean as surely as big lies. Hiding
information from accrediting agencies, fudging admissions data,
playing with placement statistics, exaggerating donation levels and
promising the impossible to prospective faculty are easy examples of
deception. A dean must also avoid intentionally misrepresenting the
dean’s own accomplishments or the school to alums, students,
applicants and the public.
"Puffing" may
not be legal fraud, but that does not make it right for law schools.
Subtle deception in alumni publications, catalogues and law school
web sites nowadays sometimes seems to be an art form. Law schools
need to be more careful about the claims they make in these
publications.
Rankings
raise issues of puffing and deception. The greatest harm from law
school rankings may not be the misleading rankings themselves, but
the reaction of schools to them. Rankings have undeniably increased
the temptation toward deception, but they do not justify giving into
the temptation. Leave aside the instances, which are probably few
and far between, of intentionally misleading actions (hiring
unemployed graduates for short times to count them as employed,
eliminating a few students from the LSAT figures, miscalculating
volume counts), and outright fabrication of data. "Touting," a
special form of deception related to U.S.News, is much more
widespread.
Touting is the
practice of proclaiming that rankings are misleading, arbitrary and
unreliable, and then trumpeting or calling attention to a good
ranking. At best this is intellectually dishonest. Touting the
ranking to alums, students or applicants, of course, implies some
legitimate meaning to the rankings that deserves attention. Another
example is the deans who for a few years have been explaining that
one or two point differences in LSAT scores are nearly meaningless
who have now suddenly started loudly touting an increase of a point
or two as evidence of a significant improvement in the
school.
Touting is not rare.
I have in my office the "Pile of Shame" of law school publications
and web sites that tout. The pile is growing, but surely we are not
so desperate for recognition, acknowledgment and momentary glory
that we need to stoop to this. We ought to stop it.
Not only is deception
just plain wrong, but in the long run people are not complete fools,
and they do notice these smaller dishonesties. When someone notices
one decanal deception, it is easy for the person to see this as a
way of life of that dean, but it is even worse. These deceptions not
only destroy the dean, but they also chip away at the moral
legitimacy of legal education as a whole. Our place as the teaching
and research arm of the profession relies in part on our collective
integrity and a deceptive dean dissipates the confidence that the
profession and society can place in legal education. Deception
thereby undermines the dean, the law school and legal education more
generally. Legal education cannot afford deaning’s First Deadly
Sin.
Misguided
Truths. If deception is wrong, the opposite,
gratuitous truth telling and nitpicking, can also be wrong. On this
earth some truths will not set us free. Deans are not obligated to
correct every misstatement anyone makes, or to chime in at every
opportunity to explain the truth as they see it. Publicly correcting
the president’s recollection of a golf score, correcting meaningless
typographical errors in an accreditation site visit report or saying
what you think of a major donor’s hair piece is probably more truth
than the world really needs.
II. Revenge.
"Don’t get mad, get even" may be great
advice for politicians, but half of it is deadly for deans (the
"don’t get mad" half is good). Another adage better fits the decanal
activity: "If you are out for revenge, first dig two
graves."
Revenge is deadly in
law schools because it deepens hatred and mistrust, draws bystanders
into conflicts, dissipates the energy that could otherwise go into
productive activities and leaves too many other people wondering
whether they might be next. Revenge is sometimes rationalized on the
grounds that it serves as a warning to others, but it seldom works
and even when it does the benefits are not worth the
costs.
Revenge should not be
confused with legitimate discipline, not granting every request that
an unpleasant person makes or treating some people differently from
others. The essential distinction is that revenge is motivated not
by promoting legitimate institutional interests, but by getting even
or retaliating for slights or wrongs the dean has
suffered.
Revenge is a temptation for
a dean because although our real power is limited, if we put our
minds to it we can make life miserable for some people. Revenge
inevitably looks like petty bullying and is a misuse of the limited
power we do have. It is, therefore, an abuse of the trust our
institutions and colleagues have placed in us. The result is that
revenge invites further limits on the legitimate use of power, and
it undercuts the moral authority on which a dean’s real, informal,
power depends.
Favoritism.
Favoritism is the opposite evil of revenge. Both
revenge and favoritism have at their core treating people
inappropriately for reasons that are not in the best interest of the
institution. They are abuses of power. On the other hand, giving
reasonable recognition or rewards to faculty who do great work,
students who excel or staff who go above and beyond is not "playing
favorites" because it reflects the furthering of the law school’s
interests, not the dean’s, and it can be explained publicly as a
rational decision.
III. Narcissism. Narcissism may be the mother of deadly
sins. Many other sins arise when deans merge the school with their
own identity. They begin to see the law school as "all about them"
or egocentrically confuse the success others achieve as their
personal success. Perhaps monarchs could get by with viewing
personal disloyalty as treason against the state, but deans cannot.
A dean should be committed to the law school, but no matter how long
a dean serves, how influential or how good the dean is, the law
school is never "the dean’s." It has a separate identity that the
dean must expect to share continuously with many others.
In
extreme circumstances a dean may confuse the assets or staff of the
school as available for personal use. Auditors and whistleblowers
can bring a fast end to these deanships. Narcissistic deans more
commonly fall into less obvious traps. They cannot delegate properly
("nobody ever does things right," that is, the way the dean would do
them); cannot genuinely participate in collegial governance ("the
faculty wants to tinker with my curriculum again"); and allow their
personal considerations or pet projects rather than real priorities
to drive the law school budget, course offerings or research grants
("what the hell, I don’t want a lot of trouble from X; give him the
money").
Narcissism may also
cause deans to misperceive their roles. They fail to delegate to
talented staff and are distrustful of legitimate governance
mechanisms. These deans also become suspicious of, and therefore
unable to support fully the work of effective faculty whose
productivity is threatening to them. This narcissistic
"misperception of role" will likely lead to perpetual and pointless
skirmishes with faculty.
Narcissism is so
deadly not only because of what it does to others’ perceptions of
the dean, but also because of what it does to the dean. Most
people’s response to egocentrism is to withdraw because the dean is
not sharing credit or responsibility, or to begin a game of "king of
the mountain" in which they look for opportunities to bring the dean
down a peg or two.
Narcissism’s
emotional cost to the dean is enormous. Fear and anger, truly
destructive emotions, are inevitable. Fear is probably warranted. If
you are the king in "king of the mountain," you have reason to be
fearful: there is only one way you can go in that game. Anger is an
emotion behavioral scientists have found in abundance in lawyers,
and may account for a significant part of the pathology and
alcoholism among a segment of the profession. A dean who is always
right, who cannot delegate or share and who merges his or her own
ego with the law school’s identity will be angry.
Law
schools are not set up to please the narcissistic. People will
forever be disagreeing with the truth as decanally revealed; they
will seldom tell the dean how lucky they are to have the dean’s
thoughtful, creative, divine leadership; they will want to do things
their way; they will want credit for what they do, and more. These
will drive egocentric deans crazy, or at least more neurotic, and
make them angry.
The problem is
that few people without some element of narcissism become successful
deans. It is not in the job description, but it could be. The
challenge is either to have it in moderation or recognize it as a
weakness and keep it under control. The symptoms of anger, fear and
betrayal should tip a dean off that a narcissism check is in
order.
Inadequate
Self-Confidence. The opposite evil of
narcissism is deans’ unreasonable lack of confidence in themselves
or their law schools. Deans must believe that they have something
special to offer the law school if they expect anyone else to
believe it. Excessive self-doubt can immobilize a dean at critical
moments. Everyone has doubts, but deans cannot afford to let those
doubts depart from reality.
IV. Pessimism. A dean is a leader, and successful leaders
are not pessimistic. There are a lot of things that can be wrong
with any program or project. Deans must be aware of what can go
wrong and be prepared for them. That is not pessimism. Pessimism is
a focus on the risks and problems to such an extent that it prevents
affirmative efforts or becomes a self-fulfilling negative prophecy.
It is the difference between thinking, "We need to make sure we
raise additional funds to cover the possibility of cost overruns"
and "There is no use undertaking this project, things always cost a
lot more than estimated."
Pessimism is
especially deadly in law schools. It inevitably saps energy, feeds
inertia, results in lost opportunities and creates a kind of
institutional depression. Law schools, however, are filled with
professionals who, by training and inclination, are experts in
finding problems. A law school dean’s pessimism, therefore, can be
magnified considerably once it has gone through the everyday dark
and gloomy wringers that are part of most schools.
The atmosphere
deans create within their schools is among the most important things
they do. The more difficult situations become, the more important it
is for deans to inspire their colleagues to be their best, to do
what it will take to improve the situation and to persevere. I have
seen so many deans do this brilliantly, but I will never forget the
special way in which the late Dean Terry Benbow and his colleagues
at (then) Bridgeport University Law School faced a disintegrating
parent institution. In spite of almost insurmountable odds they took
their law school out of that situation to become part of a much
better parent, Quinnipiac University. Although I did not live
through it, the institution I now serve went through a similar
metamorphosis. These events simply could not have happened in the
face of pessimism from the dean. Less cataclysmic law school events
depend on the dean’s everyday sense that good things can happen in
spite of difficulties to be faced.
Having this
internal sense of optimism is important for the dean, but its real
value is in being able to create the same sense in others. Both
optimism and pessimism are contagious.
Unrealistic
Optimism. At the opposite extreme of
pessimism is unreasonable, baseless optimism. Unrealistic optimism
causes deans to take unnecessary risks and leave potential problems
unattended, thereby creating the impression that the dean is a goofy
Pollyanna. Unrealistic optimism seems especially to afflict deans in
budgeting, where the budget for the year that is just a little over
the horizon or a major gift holds great promise for meeting all of
the needs of the law school with enough left over to do the hallways
in gold.
V. Taciturnity. A good dean must communicate effectively. The
danger is not in failing to use words. All deans talk and write a
lot, but some say more than others. The truly great ones communicate
large ideas, a sense of direction and their commitment to the shared
goals of the law school. They inspire. Others are silent even when
they are talking because they are not really communicating anything
worth listening to.
Decanal
uncommunicativeness is not always sloppiness or accidental.
Sometimes, consciously or unconsciously, it is a technique. The dean
is in a position to have a lot of information and, to the extent
that information is power, silence is one way to preserve power (see
Narcissism).
One problem
facing deans is the number of people and groups with whom they
should stay in good communication. Consider a partial list: faculty,
adjuncts, staff, top university officers or trustees, lower
university departments that work with the law school, students,
applicants and potential applicants, donors, alumni, local bench and
bar, state and national bars, accrediting agencies, other law deans
and the general public. Fortunately, deans have many mechanisms by
which to communicate.
The number,
frequency and professionalism of law school communications has
increased dramatically in the last decade or so, as has the use of
the internet and other electronic means of communication. Even
though the opportunities for real communication with many
constituencies have improved greatly, genuine communication seems to
be slipping, not improving. Perhaps this results from the fact that
much of today’s "communication" is for the purpose of general public
relations, rather than an attempt at a more genuine, focused
communication with people who participate in the school. The
efficacy of all of this promotional literature is doubtful because
people are bombarded with all sorts of commercial advertisements and
it is likely that they recognize our slick publications for the hype
they too often are.
Taciturnity is a
remediable sin. A good place to start is to develop a communications
plan for each constituency. The plan profitably would begin with an
honest statement of the goals or reasons for communicating with the
group ("keeping them informed about the law school" does not count).
The plan should also consider the mechanisms that will be effective
in meeting the communication goals, the persons who will be
responsible for developing the communications and the frequency of
communication. Deans must, of course, communicate with the
communicators in the law school so those implementing the plan
understand it.
Chatter. Sometimes a dean should just
shut up.
VI. Disloyalty. Disloyalty is deadly because, like dishonesty,
it destroys the trust that allows deans to work effectively with so
many other people. Loyalty is not "blind loyalty," but includes the
obligation respectfully to give the best advice possible, even when
it is not popular. The real difficulty is not determining that
loyalty is important or what it means, but determining to whom
loyalty is due.
Deans owe
loyalty to so many groups. The dean works for the president, is
employed by the university, is appointed by the provost, is paid by
the students, is bound to the faculty, is at the mercy of the staff,
is beholden to donors, is at the beck and call of the bench and bar
and is subject to accrediting agencies. There is individual loyalty
to each of these groups, of course, but they frequently have
conflicting interests. How is a dean to be loyal simultaneously to
so many? Serving two masters is said to be impossible. What about
serving dozens of masters? The answer is that the dean’s true
loyalty should be to the interest all of the groups share, the
long-term goal of improving the law school. The dean’s first loyalty
is to the law school as an institution, and through the school to
the profession and the public.
Loyalty
requires not just a commitment to individuals and the institution,
but also keen judgment and the courage to do what is right for the
institution.
Toadyism.
Toadyism is a form of dishonest loyalty, a fawning on
superiors or sycophancy. It often ends up having exactly the
opposite of the intended effect because all but the most egocentric
dolts can see through it. Toadyism does the superiors no good and
turns off everybody else.
VII. Aimlessness. Aimlessness is the silent sin. It is pernicious
in the sense that nothing happens to cause a ruckus, and that is the
deadly point: nothing happens. Even if all of the other sins, major
and minor, are avoided and virtue otherwise abounds from a dean’s
service, aimlessness will preclude a successful deanship.
Aimlessness
manifests itself in several ways, most dangerously in the absence of
vision and planning. Budgeting not clearly tied to priorities is
another sign. Aimlessness results in a dean’s and a school’s
wandering around from one thing to another without any clear
direction, and as a result, the financial, faculty, staff and other
resources of the school are used inefficiently and wasted. It means
that a school will not define success for itself, and the school may
become the victim of every fad, fashion or notion that comes
along.
Another manifestation
of aimlessness may be procrastination. I had intended to address
that in greater detail at this point, but put it off and did not get
around to finishing the section.
Because it wastes
resources, aimlessness becomes especially costly during budget
changes: when there are budget increases or cuts or when donors are
especially generous. During increases in budgets, aimlessness is
likely to lead to funding currently popular projects at the expense
of higher, more important long-term priorities. During
budget-cutting times aimlessness causes across-the-board or
momentarily convenient cuts rather than elimination of the least
important activities. Priorities may be set in such circumstances,
but if they have not been identified as part of a long-term vision
and plan, it is unlikely that they will be the best
choices.
This sin can have a lot of
supporters under the theory that "No amount of planning can make up
for dumb luck and we feel lucky." Aimlessness clears the way for
everybody to go off in separate, perhaps inconsistent, directions
without the inconvenience of having to come to a common sense of
where the institution should go. An aimless dean does not present a
strong case to the university for supporting a consistent direction
for the law school. The job description of the dean: Go outside and
raise funds for popular individual projects and leave everybody else
alone. Some of the focus within law schools on rankings may reflect
a kind of aimlessness in that it does not require a school to
consider seriously its own goals and direction, and it allows
administrators to go charging after something that is largely
unimportant and unachievable while leaving everybody else to go off
without interference.
Deans perform
extraordinarily valuable service when they supply the incentive for
the law school to identify for itself its vision, goals, and
definition of success.
Inflexibility. Deans should have a
plan and stick to it faithfully, but not absolutely. Circumstances
change and occasionally extraordinary opportunities arise that
justify changing the best plan. A good plan is a guide, not a
straightjacket.
The Seven Deanly Virtues
The ancient Seven
Heavenly Virtues were identified as Faith, Hope, Charity, Fortitude,
Justice, Temperance and Prudence. As for deans. I propose Seven
Deanly Virtues:
I. Integrity. Between the sins of deception and misguided,
gratuitous truths is the Virtue of Integrity. Deans should always be
honest and courteous. Delivering good news is not difficult, but
virtuous deans tell the truth without exaggerating or fabricating
good news. Delivering bad news and criticism is difficult, but it
must be done and can be done with compassion and a caring attitude
that invites growth and improvement in the listener. More than
technical truth-telling, integrity requires a practical honesty that
conveys a true representation of circumstances. The dean should be a
model of the professional with integrity.
II. Fairness. The Virtue of Fairness escapes sins of revenge and of
favoritism. By showing fairness to everyone, deans reward those who
improve the institution (not necessarily the dean’s life) and
encourage those who could make greater contributions. Fairness has
the advantage of leaving the door open for those who have been
somewhat estranged but who want to become real players. It requires
that people hear from the dean about what contributions are valued
and that they have a chance to show periodically how they are
contributing to the work of the school.
III. Generosity. The Virtue of Generosity avoids the problems of
narcissism and inadequate self-confidence. Successful deans share.
They appropriately share both the authority and responsibility for
the school and the special expertise, understanding and wisdom they
bring to the deanship. This requires a sometimes difficult balancing
of being a leader and a colleague in many groups.
IV. Realistic Optimism. The sins of pessimism and unreasonable optimism
are overcome by the Virtue of Realistic Optimism. A leader is
optimistic and conveys can-do optimism to others. Deans’ optimism
must be rational, however, if anyone is to believe them. Their
optimism is really the tip of an iceberg, however. Underneath the
public hopefulness must be a clear understanding of circumstances
and very solid planning that allow the optimistic statements to
become reality.
V. Communication. Between taciturnity and chatter is the Virtue of
Communication. Effective communication begins with the truth and
ends with that truth being delivered to the proper people. In the
middle is a thoughtful communications plan and strategy. It is the
dean’s responsibility to see that the plan is developed and
carefully executed.
VI. Loyalty. The Virtue of Loyalty avoids both disloyalty and
toadyism. A dean must always be loyal to the law school first. Only
with that commitment can the dean ultimately balance and work fairly
with the many individuals, groups and institutions who
understandably expect and deserve loyalty too. Deans should make
this loyalty clear even when it entails some personal risk. Deans
also ought to promote the commitment to the success of the law
school that every constituency shares.
VII. Vision. Deans escape both aimlessness and inflexibility
by turning to the Virtue of Vision. A law school should have a
vision of what it wants to become and a sensible plan for getting to
that vision. This direction setting will not occur without the clear
leadership and direction of the dean. Deans should also have their
own plans, written and measurable in some way. They should have
long-term, intermediate (three to five years) and current year plans
for themselves and the school. Developing these plans is very hard
work, but pays substantial dividends.
The
Deanly Virtues help achieve successful deanships. A successful
deanship is, in my view, not measured in time. Successful deans make
a difference in helping an institution become better than it thinks
it can be (or in some cases, almost as good as it thinks it is).
They advance long-term quality of the law school in ways that enrich
the lives of its students and ultimately their clients, contribute
to the understanding of the law and improve the profession and
communities. Virtuous deans make a
difference.