Introduction

Feedback is an essential part of the learning process, which continues through your career. During an externship, students will solicit feedback from supervisor in formal ways (learning agreements, for example), but will also receive and perhaps seek feedback outside the formal process.

Giving and getting good feedback can be very challenging. The goal of feedback is not to intimidate or humiliate, but to encourage positive, relevant change that will help the recipient to improve. 

However, the practice of giving and receiving feedback is not well-developed in the legal profession. Mentorship and supervision have both been criticized as lacking in the profession, perhaps more so since the COVID19 pandemic. A full examination of mentorship and supervision in the legal profession is outside the scope of this manual, but several significant contextual findings are relevant:

1. Mentorship and supervision are defined differently in research and practice. In some contexts, ‘mentorship’ also includes supervision. In other cases, it does not. Supervision always includes direct client work.
2. Regardless of definition and context, both mentorship and supervision are interrelated but distinct. Mentors might not be supervising, while supervisors might not be mentoring. Supervisors have legal duties to the client, and in most provinces, a law student practices under their supervisor’s license.
3. Many of the skills and approaches that constitute a good mentorship relationship are also present in a good supervisory relationship.
4. The student often has a choice of mentor, but not a choice of supervisor.
5. In a clinic or externship context, the supervisor is typically required to have some pedagogical duties. They might be actively evaluating and grading students, who are often in a vulnerable position vis-a-vis the supervisor.
6. Both relationships operate in systems of power (whether employment, grading, advancement in the professions etc). As such, they exist in complex systems where questions of gender, race, and (dis)ability are always at play.

For reading on supervision and mentorship in the profession, see:

Adelle Blackett, “Mentoring the Other: Cultural Pluralist Approaches to Access to Justice” (2001) 8(3) International Journal of the Legal Profession 275.

Belle Rose Ragins, “Diversified MentoringRelationships in Organizations: A Power Perspective” (1997) 22(2) Academy of Management Review 482.

Suzanne Bouclin, “Marginalized Law Students and Mentorship” (2017) 28(2) Ottawa Law Review 357.

Veronica H Ashenhurst,” Mentoring the Lawyer, Past and Present: Some Reflections”, (2010) 42(1) Ottawa Law Review 125.

Receiving Feedback

Here are some tips for receiving feedback:

1. Listen: Try not to interrupt and actively take in the feedback. Try to approach this conversation without any assumptions. Active listening that is not framed by personal performance assumptions will help the listener concentrate and understand the feedback. Another important element is ensure that the receiver understands the feedback. If feedback doesn’t make sense or is inconsistent with, the receiver can  ask questions and politely seek clarifications. If the receiver has requested feedback, it is helpful to be specific about what type of feedback is expected and whether it is about specific activities, time periods, etc.
2. Be aware: While challenging it is important to regulate one’s immediate reaction to feedback, even when it is very positive. Try to avoid negative body language, facial expressions, and defensive conduct. Positive attentiveness to feedback shows a willingness to learn and helps the person who is giving you feedback be specific and clear.
3. Be open: Receiving feedback can be difficult and nerve-wracking. Be conscious that the person providing feedback has their own perspectives and experiences that frame their views. Be open to those perspectives and appreciate there are different ways to performing tasks, managing relationships and engaging skills. The receiver might not agree with the feedback at the moment (or perhaps ever!), but considering what might have led the feedback giver to take a certain view can be very instructive.
4. Follow Up: Implementing the suggestions given can sometimes be sufficient. However, the receiver may want to seek out or set up an additional meeting to discuss the revisions and future steps, especially if the relationship is longer-term. Often, these feedback meetings are stylized in an externship program. However, students may wish to set up additional meetings to seek further feedback.
5. Also, remember this process by writing it down in a journal! These are exactly the types of questions students will be asked in an interview (eg, “give an example of when you received negative feedback and how you responded”, or “give an example of something you have learned from your work experience”, or “tell me about your strengths and weaknesses”).
6. More great advice on receiving feedback is contained in Sheila Been and Douglas Stone’s article “Find the Coaching in Criticism”.

Giving Feedback

While most students will be in the position of receiving feedback, it is also possible they will be asked to provide feedback in a “360 degree feedback” model. In this model, each role gives feedback to another in a feedback loop, such that employees, supervisors, managers, administrative staff, etc. are all involve in both giving and receiving feedback. Here are some tips for giving feedback:

1. Prioritize feedback: Focus on the areas of performance that would benefit the recipient the most from hearing. Separate the advice from the person; try to use language that focuses on direct observed behaviours (what was noticed, appreciated, etc).
2. Balance positive comments and negative comments: Human brains are poised to receive and remember negative feedback more powerfully than positive feedback. Therefore, the feedback giver must balance out constructive comments with positive and appreciative comments. Mention strengths and reinforce aspects of their behaviour, performance and abilities. Frame the constructive comment between two positive points in order to help the feedback be better received (the “Sandwich” approach).
3. Be specific and realistic: Make comments that include specific examples. Avoid commenting on aspects of performance that the receiver cannot control.
4. Be timely: Seek out an appropriate time to communicate feedback. Be prompt after an observation to make feedback more effective and support continuous growth.
5. Offer continuing support: Ongoing support is essential to lifelong learning and improvement. Make an effort to follow up on points of improvement. Establishing a trusting relationship can help ongoing feedback throughout the working relationship.

Arranging a Feedback Session

In an externship program, students will typically be asked to arrange a feedback session with their onsite supervisor. Students should schedule these feedback sessions well in advance. Students might wish to have a list of specific issues they want feedback on. In an in person environment, the student might wish to select a location to have a private conversation; public settings may make it difficult to manage reactions, avoid recognition/interruptions, and allow for a safe space for reactions and reflection on feedback.