1.8 Working with a Supervisor
Gemma Smyth; Priya Sharma; and Graham Black
Working with a Supervisor
Introduction
Students in a law-related placement will be working under supervision of some kind. In virtually all cases, the student will be practicing under the license of a lawyer. Students’ relationship with their supervisor varies. Some students ‘click’ immediately with their supervisor while others struggle to form connection. This section sets out definitions of supervision and mentorship, and canvasses a few key skills important to a fruitful supervision relationship including giving and receiving feedback.
Mentorship & Supervision
Mentorship and supervision have both been criticized as lacking in the profession, perhaps more so since the COVID19 pandemic. Further examination of mentorship and supervision is contained in other sections, but several significant contextual findings are relevant:
- Mentorship and supervision are defined differently in research and practice. In some contexts, ‘mentorship’ also includes supervision. In other cases, it does not. Students may have a mentorship relationship with a lawyer without working on files with them. Students may be fortunate to have a supervisor who becomes a mentor.
- Supervisors have legal duties to the client.
- Law students practice under their supervisor’s license in some fashion.
- Many of the skills and approaches that constitute a good mentorship relationship are also present in a good supervisory relationship.
- The student often has a choice of mentor, but not a choice of supervisor.
- In a clinic or externship context, the supervisor is typically required to have some pedagogical as well as legal duties. They might be actively evaluating and grading students, giving informal feedback, instructing a student, marking up written submissions, or other duties. These duties vary significantly in different work environments.
- Both relationships operate in systems of power (whether employment, grading, advancement in the profession, etc). As such, they exist in complex systems where questions of gender, race, and (dis)ability are always at play.
Lawyers will have significantly different approaches to supervision and mentorship. In this excerpt, one law student describes their experiences with a more relaxed type of supervision – both the benefits and drawbacks.
Managing “Relaxed” Models of Supervision
“Supervision in an externship likely varies significantly based on the student’s placement. In my experience, it was abundantly clear that my supervisors would not be looking over my shoulder but rather the opposite. I was provided with very loose guidelines on what was expected, which was beneficial and harmful to a certain degree.
First, the benefits of relaxed supervision permitted flexibility in my schedule, which was incredibly valuable. I was invited to practically everything, and it was up to me whether or not I was to attend. Amazingly, I was able to attend a large number of events that I felt welcome and appreciated. This contributed to real-life experience and helped me build a larger picture of entrepreneurial law in practice. A relaxed supervision model permitted me to take my time when completing my work, which was necessary due to the somewhat ambiguous nature of the work I was expected to complete. In addition, I approached multiple individuals and asked for work I found exciting and intellectually stimulating. If I had been under a microscope and had not been permitted the flexibility I was given, I would have had a far less enjoyable experience in this program.
However, the negative aspects of loose supervision relates to a significant issue I experienced: how to complete your work when you have been given instructions and still need help with how to proceed. To a certain degree, I feel responsible for this outcome because it was my job as a student to clarify with my supervisors; however, I had anxiety asking questions, mostly because I was afraid of appearing incompetent and wasting my mentor’s time. My strategy for overcoming this was to 1) attempt to clarify, 2) take another shot at the work delegated to me, 3) speak to my lawyer supervisor, 4) take another shot at it, and 5) not allow my anxiety to take over. After clarification and alternative mentor advice, I felt incompetent and needed improvement. However, upon reflection, it is reasonable that I was confused during these moments. The anxiety was mostly a derivative of spending copious amounts of time researching what it was I was precisely expected to do (mostly unsuccessfully) and handing in work that was inadequate because I misinterpreted the instructions.
If I were to have another opportunity to do this externship again, I would be less anxious to approach my mentors because they were incredibly accommodating and warm. My anxiety mainly contributed to failing my mentors because of the respect I have for both of them. I knew how busy my supervisors were, and by asking questions about expected assignments, I thought it would demonstrate my inability to contribute effectively. Knowing who they are as people and mentors now, I wish I had taken more advantage of the opportunities to discuss with them. I also recognized that my timid nature when approaching them when I had issues resulted in lost opportunities for me to clear up the anxiety I was feeling, and I am now more than confident they would have gladly helped.
Reflecting on this, I realize that as a student, it is my job to be the bridge between my supervisors. Both of my mentors have busy schedules, and although miscommunication is unfavourable, it did serve a purpose. I developed skills that will equip me to handle uncertainty in a professional environment post-law school, which will likely transfer to a law firm environment where uncertainty is the name of the game. Although part of me hated anxiety and uncertainty, it was mostly momentarily and fleeting, and a student in an externship must be prepared to embrace uncertainty and use it as an opportunity to grow.”
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,” <a href=”http://.”>Mentoring the Lawyer, Past and Present: Some Reflections”, (2010) 42(1) Ottawa Law Review 125.
Giving & Receiving Feedback
One of the foundations of a supervision relationship is giving and receiving feedback. People are always giving one another feedback. Clients might tell you what they appreciate about a phone call, or what they need when they are being cross-examined. Judges will tell lawyers how they want materials presented, how they organize their courtroom, and when particular advocacy is not appreciated. A supervising lawyer will give feedback on a draft proposal, letter, or memo. Feedback is an essential part of the learning process, but it is often not done particularly well.
During a clinic or externship, students will solicit feedback from a supervisor in formal ways (learning agreements, for example), but will also receive and perhaps seek feedback outside this formal process.
Giving and getting good feedback can be very challenging. The goal of good feedback is not to intimidate or humiliate, but to encourage positive, relevant change that will help the recipient to improve.
Receiving Feedback
Most students will primarily be receiving feedback from their supervisors. Many clinic and externship students talk about getting their first assignment back from their supervisor covered in red ink. These first moments can be disheartening, but they are also very common!
Here are some tips for receiving feedback:
- 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.
- 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.
- 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.
- 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.
- 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”).
- 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:
- 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).
- 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).
- Be specific and realistic: Make comments that include specific examples. Avoid commenting on aspects of performance that the receiver cannot control.
- Be timely: Seek out an appropriate time to communicate feedback. Be prompt after an observation to make feedback more effective and support continuous growth.
- 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.
What does Good Feedback Look Like?
Good feedback is clear, constructive, honest, and objective. Avoid personal attacks, strictly negative comments, and unclear phrases. Come from a place of genuine support and positivity to make the recipient feel comfortable.
Arranging a Feedback Session
All of this assumes, however, that the student is given feedback. Surprising numbers of articling students or new lawyers report that they get almost no meaningful feedback from their supervisors. If this is the case, students might wish to ask for a time to get feedback and come prepared with specific questions.
In a clinical or 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.
“Managing Up”: Crafting Good Supervision
In some cases, the student-supervisor relationship just doesn’t work. There are cases in which supervisors are abusive, discriminatory, harassing, or otherwise. This is canvassed directly in the later section on “Discrimination and Harassment in the Legal Profession”, and includes advice and avenues for reporting.
More typically, supervisors and supervisees have both positive and challenging elements in their relationship. The student-supervisor relationship requires human interaction between two people who probably don’t know one another well, are differently situated, and are at very different stages in their lives. Students can take many active steps to improve a supervision relationship that is not meeting their needs. Some people use the term “managing up” to describe the role an employee plays in facilitating relationships with their managers or employers. Students do not take on management roles in their placements, but they can take responsibility for aspects of the relationship. Keep in mind that most lawyers have had no training in how to effectively supervisor or mentor students or other lawyers. They may have been poorly mentored themselves. Sometimes, lawyers are not sure what students can reasonably be expected to know. Most importantly, each student is unique. What works for one student may not work for another.
This is a list of possible roles a student could take on in the workplace to establish a positive and productive relationship with their supervisor:
1) always ensuring when given a task that the supervisor sets out a timeline, how long the student should spend on the task, whether there is an answer or not, the format required, the degree of formality (eg, bullet points or more formal writing), and the estimated length of the assignment.
2) clearly communicating about important aspects of the position. For example, students may wish to send a weekly list of tasks completed and planned tasks for the coming week, then asking “is there anything else you would like me to complete?, is there a task you want me to prioritize?, etc.).
3) letting the supervisor know the student’s degree of experience in specific tasks and the amount of support required. For example, if a student has no knowledge or previous experience with a task, asking for precedents or exemplars can be helpful. If a student has completed a similar assignment at another workplace, ask if this workplace context like things done the same way or not.
4) communicate mistakes immediately. Take responsibility for making the mistake and offer to take steps to remediate.
5) What other actions can students take to support a positive supervisory relationship?
Working With Supervisors Online
The Covid-19 pandemic shed new light on the importance of working online. Many students found that transitioning to a remote work environment was challenging but potentially rewarding. Working with a supervisor online requires some pro-active strategies. When working from home, it is easy to forget the needs of colleagues – especially those who are at a placement for only a short time. Students should be proactive about setting meetings and communicating with supervisors. More on working remotely is contained in the videos below!
Memes, Facebook, May 7, 2020.
This series of videos from the Bay Area Externship Consortium is very helpful in making sure students get the most from an online externship.
Feedback? Or Advice?
While seeking feedback is a typical part of practice, authors Jaewon Yook, Hayley Blunden, Ariella Kristal and Ashley Whillans (“Why Asking for Advice is More Effective than Asking for Feedback”, Harvard Business Review (September 2019)) found that when people were asked to give advice rather than feedback, it resulted in more specific and actionable information. However, for novice learners “feedback” may be more helpful given the stage in their learning. Feedback is also expected in a for-credit program.
Reflective Questions
- Consider a time you had to give feedback to someone else – about a group object, an agreement to purchase an item, with a family member or friend. How did you feel about giving feedback? How was it received? What would you change about this (or other) feedback exchanges?
- Consider how you like to receive feedback. Is there any way to communicate aspects of these conditions to your supervisor?
