Mentoring Professional Identity: Expanding What it Means to be a Lawyer, 0320 COBJ, Vol. 49, No. 3 Pg. 14

AuthorBY J. RYANN PEYTON
PositionVol. 49, 3 [Page 14]

49 Colo.Law. 14

Mentoring Professional Identity: Expanding What it Means to be a Lawyer

Vol. 49, No. 3 [Page 14]

Colorado Lawyer

March, 2020

MENTORING MATTERS

BY J. RYANN PEYTON

Becoming a lawyer changes us. Research shows that simply preparing for the LSAT changes our brain structure,1 and the methodology of legal education changes the way our brains process fear and anxiety.2 At a psychological level, accepting the immense responsibility of solving the problems of others and protecting the rule of law means we must embody a new self upon entering the profession. This “professional” self or identity ultimately serves as the cornerstone of our professional values and behavior, our ethical decision-making, and our well-being as lawyers.

The Importance of Professional Identity

It used to be that in the legal profession, experienced lawyers would hand down a “professional identity” to new lawyers, usually through apprenticeship or clerkship.3 Today, however, most new lawyers lack opportunities for face time with seasoned attorneys, and the notion of legal apprenticeships has all but disappeared.4 For many new lawyers, personal relationships with veteran lawyers who model professional identity and the attributes of a well-defined professional self may be inaccessible or unfeasible. As a result, new lawyers are at higher risk of developing a “thin professional identity” whereby they must bifurcate their personal values and professional behavior. Such bifurcation can result in new lawyers exhibiting higher moral neutrality and bleached out professionalism.[5]

Professional identity can mean different things to different people. For some, it incorporates virtuous character. For others, it promotes civil actions and behaviors. For many, it’s a combination of character and behavior. During his term as CBA president, Mark Fogg promoted a version of professional identity guided by public and community service. In addressing recent law grads, Fogg wrote:

We take an oath. “I will use my knowledge of the law for the betterment of society and the improvement of the legal system. I will never reject the cause of the defenseless.” . . . We have the unique opportunity to provide services to others, which have the potential to have an incredible impact on their lives. This is a privilege not given to many.6

David Masters, who preceded Fogg as CBA president, emphasized a different facet of professional identity, equating it with competency as a lawyer:

Most new lawyers are not well prepared for the practical aspects of practicing law, particularly because on-the-job training is not a condition of admission to the bar. . . . The legal profession needs experienced and respected lawyers to help novice lawyers acquire the practical skills and judgment necessary to practice in a highly competent manner.7

Embodying the attributes of a “citizen lawyer” and conducting oneself as a competent professional are of course important reasons f or any lawyer to consider professional identity. These attributes, however, are not the only reason to seek out a professional identity. At the Colorado Attorney Mentoring Program (CAMP), we believe that a professional identity is vital to improving public perception of the legal profession, creating and maintaining well-being, and generating professionals whose personal values intersect with and guide their professional behavior.

Developing a Professional Identity

“So, what do you do?” This question is asked hundreds of times during a typical networking event. The usual responses include: “I’m a lawyer.” “I’m a bankruptcy lawyer.” “I’m a partner at [insert big law firm].” “I’m a solo family law attorney.” “I’m a district court judge.” “I’m in-house at [insert corporation].”

These responses may seem varied, but they are really the same iteration of a simplistic professional identity: a lawyer, who practices a certain type of law, in some type of setting. While one’s professional identity is of course much broader than a cocktail party sound bite, the repeated narrow description of “I’m a lawyer” in most social contexts can cause lawyers to eventually lose sight of their broader skills...

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