A recent study published in the Santa Clara Law Review defines the educational goal of fostering an ethical professional identity by reporting on an empirical study of the concept of professionalism involving in-depth interviews with peer-honored exemplary lawyers. The purpose is to empirically explore how attorneys define the elements of professional identity and how the exemplar of professionalism differ in their understanding of professionalism compared to early career lawyers or law students.
The reason for the second focus is to determine whether
there are differences between experts and novices. The existence of a
difference is an indicator of developmental capacity or competence, drawing on
a methodology in character development research and industrial-organizational psychology.
The overarching research question was: How do peer-honored exemplary lawyers
understand the meaning of professionalism?
This study provides an overview of theoretical perspectives,
then reports on the methodological approach and the results of the analysis and
interpretation of in-depth interviews, focused around salient themes and issues
of relevance to the legal profession. It also discusses interpretations and
implications for legal education.
The study concludes that: “Empirical evidence over three
decades of research shows that ethical professional identity can grow across
the lifespan. The exemplars we interviewed represent a benchmark for a high
level of competence in professionalism; the finding that this expert group
differed from novices supports the contention that growth occurs across the
lifespan. With a clear definition, educators can design educational programs, curricula
and assessments to foster students’ ethical professional formation. This
paradigm shift toward fostering students’ potential for ethical professional
formation and transformation is one that will ultimately better meet the needs
of the changing nature of the legal job market and law firms because it
promotes dynamic change and transformation in a variety of capacities and
skills that contribute to effectiveness in the practice of law. The students on
this path realize both internal and external benefits.”
For
more information, refer to the 51-page article by Neil W. Hamilton and Verna E.
Monson, Ethical
Professionalism (Trans)Formation: Themes from Interviews About Professionalism with
Exemplary Lawyers, in the Santa Clara Law Review (Vol.
52, 9-21-2012).
