Balancing Power in Student Conferences
by

Source

The Law Teacher, Volume 5, number 1 (Fall 1997), p. 8-9.

About the Author

Mark Broida teaches at California Western School of Law, 225 Cedar Street, San Diego, CA 92101-3046; (619) 525-1693; fax (619) 696-9999; mab [at] cwsl.edu.

When I was in law school, I seldom met with my professors outside class. When I did, these conferences were not always helpful. As someone who has always had a "problem" with authority figures (I respect and revere them too much), I was often too intimidated to effectively concentrate while conferring with a professor.

During a conference, I would nod my head profusely as the professor responded to one of my prepared questions. I would ask very few follow-up questions for a number of reasons: I did not always fully understand what my professor was saying, I did not want my professor to realize I did not fully understand what he was saying, I wanted to show the professor I respected his elevated status and his brilliant intellect, and I did not want to take up too much of my professor's time.

As a law teacher, I try to avoid having my students feel that sense of inferiority I often felt when conferring with a professor. I try to create an environment where my students and I are on equal footing. In this article, I will suggest a few ways to level the "balance of power" to make student conferences as effective as possible.

I teach legal research, writing, and oral advocacy courses ("legal skills" courses). My suggestions, however, can be applied to courses in all areas.

Know something significant about the student

To avoid any student feeling unrecognized and insignificant, I make sure I know a student's name and background before that student walks through my office door. During the first class of the semester, I have students complete an information sheet that requests such facts as prior education, professional work experience, prior writing experience, and interests outside law school. Additionally, to help attach names to faces, a photo of each student is put on my seating chart. (At Cal Western, a photo is taken of each student at registration for fall classes.)

I spend a significant amount of time at the beginning of the semester reviewing the names, photos, and backgrounds of my students. Also, if a student has signed up in advance for a conference (which I encourage but do not require), I review that student's information again before the conference.

I try to make the most of relevant background information. Although I never hesitate to talk with a student who brings up an interesting aspect of her background, I also try to relate a student's background to matters being addressed in our conference. For example, I might mention to a student who was a journalist for a few years, and who is frustrated by her performance on a legal skills assignment, that we will need to work together to help her make the transition from writing as a journalist to writing as a lawyer.

Make the student feel at home

Before we even begin to confer, I try to relax a student and level any imbalance of power. To the surprise of some students, I greet them by their first name as they come into my office. I offer the student one of the two chairs in front of my desk. I then get up from behind my desk and sit next to the student. More than a few students have commented that sitting next to me, rather than across from me, is much less intimidating.

I often do something else that surprises students: I ask if they would like a cup of coffee. I make numerous trips to the coffee pot in the faculty lounge, and it is never a problem to bring back another cup for a student. Even if a student does not want a cup, this simple gesture can be a very powerful tool for putting a student at ease and putting us on more equal footing.

Make the conference your top priority

I always try to remember that students pay my salary and are my biggest and most important client. They are entitled to the same significant, undivided attention that I would give to a client meeting with me for legal advice.

Prior to a conference, I move all my work to the side of my desk so I can give the student my undivided attention. During our conference, I try not to let anything divert my attention. As I would do with any law client, if the phone rings during our meeting, I do not pick it up. If my computer beeps to tell me I have an e-mail message, I disengage the beep without looking at the message.

I also try to listen carefully and patiently to what a student is saying. Like law clients, students come to my office because they need to get questions answered and problems solved. Important work must be done during the conference. Minimizing a student's concerns or rushing a student out before fully and comprehensibly answering her questions is an abuse of power (would you treat your faculty colleagues in such a manner?). In a balanced relationship, the student's understanding of the subject matter should be as urgent and important to you as it is to your student.

Leveling the balance of power also means allowing a student to complain and vent during a conference. One of the "joys" of teaching legal skills courses is returning graded assignments to students during the semester. I have had my share of students (especially first-semester students who have not received any other grades) challenge their grade and my teaching ability.

For some students, the sheer cathartic effect of speaking their mind to a professor is enough to make them feel better (at least temporarily). I have seen, however, other students' angry reactions turn into sobbing. As a friend who is a psychiatrist once told me, these students were able to cry because they felt relatively safe and unthreatened during our conference.

Let students know they are not alone

I tell students that although writing is an individual struggle I am their coach and colleague and will work with them as a partner to develop their writing. As their partner, I significantly increase my office hours and conference times during the busiest parts of the semester: before writing assignments are due and after assignments are returned.

During these busy periods, I sometimes do student conferences on a Saturday or a Sunday. Additionally, I usually extend my office hours if there are people outside my office waiting to see me after my last conference. Finally, I encourage people to call my voice-mail and leave a message; I check and return messages over the weekend if an assignment is due early the following week.

Although not all students need to see or talk with me over a weekend, students greatly appreciate my availability. My availability and concern over their assignments help to convince students that we are partners on projects they are completing and that I am willing to make some sacrifices to be an effective partner.

Conclusion

Obviously, law teachers have many different styles and approaches to conferring with individual students. I do not know whether my approaches will work for you. Nonetheless, if a simple gesture helps a student get more out of your conference (and your course), it may be worth considering.