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Predicting Lawyer Effectiveness: Broadening the Basis for Law School Admission Decisions

Published online by Cambridge University Press:  27 December 2018

Marjorie M. Shultz  and
Sheldon Zedeck
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Abstract

Law school admission decisions are heavily influenced by a student's undergraduate grade point average (UGPA) and Law School Admission Test (LSAT) score. These measures, although predictive of first-year law school grades, make no effort to predict professional competence and, for the most part, they do not. These measures also create adverse impact on applicants from underrepresented racial/ethnic groups. This article describes the rationale for and process by which we explored new tests to predict lawyer effectiveness rather than law school grades and reports results of a multiyear empirical study involving over 3,000 graduates from Berkeley Law School and Hastings College of the Law. Tests measuring personality constructs, interests, values, and judgment predicted lawyering competency but had little or no adverse impact on underrepresented minority applicants. Combined with the LSAT and UGPA, these broader tests could assess law applicants on the basis both of projected professional effectiveness and academic indicators.

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Articles
Information
Law & Social Inquiry , Volume 36 , Issue 3 , Summer 2011 , pp. 620 - 661
Copyright
Copyright © American Bar Foundation, 2011 

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References

References

Allport, Gordon W. 1937. Personality: A Psychological Interpretation. New York: Holt.Google Scholar
American Bar Association, Report of The Task Force on Law Schools and the Profession: Narrowing the Gap, Section of Legal Education and Admissions to the Bar. 1992. Legal Education and Professional Development: An Educational Continuum[“MacCrate Report”]. Chicago: American Bar Association.Google Scholar
Anthony, Lisa C., Harris, Vincent F., and Pashley, Peter J. 1999. Predictive Validity of the LSAT: A National Summary of the 1995–96 Correlation Studies. Law School Admission Council LSAT Technical Research Report TR‐97‐01. Newtown, PA: Law School Admission Services.Google Scholar
Anthony, Lisa C., and Liu, Mei. 2000. Analysis of Differential Prediction of Law School Performance by Racial/Ethnic Subgroups Based on the 1996–1998 Entering Law School Classes. Law School Admission Council Technical Research Report TR‐00‐02. Newton, PA: Law School Admission Services.Google Scholar
Aspinwall, Lisa G., and Taylor, Shelley E. 1992. Individual Differences, Coping, and Psychological Adjustment: A Longitudinal Study of College Adjustment and Performance. Journal of Personality and Social Psychology 63:989–1003.Google Scholar
Baird, Leonard L., Carlson, Alfred B., Reilly, Richard R., and Powell, Ramon J. 1979. Defining Competence in Legal Practice: The Evaluation of Lawyers in Large Firms and Organizations. Law School Admission Council Report No. LSAC‐79‐1. Newtown, PA: Law School Admission Services.Google Scholar
Barrett, Paul. 2008. Some Analyses of Personality, Academic, and Performance Rating Data from Alumni and Students with the Faculty of Law, University of California, Berkeley. Tulsa, OK: Hogan Assessment Systems.Google Scholar
Barrick, Murray R., and Mount, Mount K. 1991. The Big Five Personality Dimensions and Job Performance: A Meta Analysis. Personnel Psychology 4:1–26.Google Scholar
Bentz, V. Jon. 1985. A View from the Top: A Thirty Year Perspective of Research Devoted to Discovery, Description, and Prediction of Executive Behavior. Paper presented at the 93rd Annual Convention of the American Psychological Association, August 1985, in Los Angeles, California.Google Scholar
Brissette, Ian, Scheier, Michael F., and Carver, Charles S. 2002. The Role of Optimism in Social Network Development, Coping, and Psychological Adjustment during a Life Transition. Journal of Personality and Social Psychology 82 (1): 102–11.Google Scholar
Caldwell, David F., and O'Reilly, Charles A. 1982. Boundary Spanning and Individual Performance: The Impact of Self‐Monitoring. Journal of Applied Psychology 67:124–27.Google Scholar
Caligiuri, Paula M., and Day, David V. 2000. Effects of Self‐Monitoring on Technical, Contextual, and Assignment‐Specific Performance. Group & Organization Management 25:154–74.Google Scholar
Camara, Wayne. 2006. January 9, Personal communication.Google Scholar
Carver, Charles S., and Scheier, Michael F. 1981. Attention and Self‐Regulation: A Control‐Theory Approach to Human Behavior. New York: Springer‐Verlag.Google Scholar
Carver, Charles S., and Scheier, Michael F. 2002. Optimism. In Handbook of Positive Psychology, ed. Snyder, C. R. and Lopez, Shane J., 231–43. New York: Oxford University Press.Google Scholar
Cascio, Wayne F., Outtz, James, Zedeck, Sheldon, and Goldstein, Irwin L. 1991. Statistical Implications of Six Methods of Test Score Use in Personnel Selection. Human Performance 4:233–64.Google Scholar
Chan, David, and Schmitt, Neal. 2002. Situational Judgment and Job Performance. Human Performance 15 (3): 233–54.Google Scholar
Chatman, Jennifer. 1991. Matching People and Organizations: Selection and Socialization in Public Accounting Firms. Administrative Science Quarterly 36:459–84.Google Scholar
Clevenger, James, Pereira, Gloria M., Wiechmann, Darin, Schmitt, Neal, and Harvey‐Schmidt, Veronica. 2001. Incremental Validity of Situational Judgment Tests. Journal of Applied Psychology 86:410–17.Google Scholar
Dalessandro, Susan P., Stilwell, Lisa A., and Reese, Lynda M. 2005. LSAT Performance with Regional, Gender, and Racial/ethnic Breakdowns: 1993–1994 through 1999–2000 Testing Years. Law School Admission Council Research Report TR‐00‐01. Newton, PA: Law School Admission Services.Google Scholar
Diaz, Rolando J., Glass, Carol R., Ankoff, Diane B., and Tanofsky‐Kraff, Marian. 2001. Cognition, Anxiety, and Prediction of Performance in 1st‐year Law Students. Journal of Educational Psychology 93:420–49.Google Scholar
Edwards, Harry T. 1992. The Growing Disjunction between Legal Education and the Legal Profession. Michigan Law Review 91:34–78.Google Scholar
Evans, Franklin R. 1984. Recent Trends in Law School Validity Studies. Law School Admission Council Report 82‐1. Newtown, PA: Law School Admission Services.Google Scholar
Ekman, Paul. 2004. Emotions Revealed: Recognizing Faces and Feelings to Improve Communication and Emotional Life. New York: Macmillan.Google Scholar
Goldhaber, Michael D. 1999. Is the Promised Land Heav'n or Hell? National Law Journal, July 5.Google Scholar
Goleman, Daniel. 1995. Emotional Intelligence. New York: Bantam Books.Google Scholar
Guion, Robert. 1987. Changing Views for Personnel Selection Research. Personnel Psychology 40:199–213.Google Scholar
Henderson, William D. 2004. The LSAT, Law School Exams, and Meritocracy: The Surprising and Undertheorized Role of Test Taking Speed. Texas Law Review 82:975–1051.Google Scholar
Heinz, John P., Hull, Kathleen E., and Harter, Ava. 1999. Lawyers and Their Discontents: Findings from a Survey of the Chicago Bar. Indiana Law Journal 74:735–58.Google Scholar
Hobfoll, Stevan E. 2002. Social and Psychological Resources and Adaptation. Review of General Psychology 6:307–24.Google Scholar
Hogan, Joyce, and Hogan, Robert. 1991. Levels of Analysis in Big Five Theory: The Structure of Self‐Description. Paper presented at the Sixth Annual Conference of the Society for Industrial and Organizational Psychology, April 12, in St. Louis, MO.Google Scholar
Hogan, Joyce, and Hogan, Robert. 1996. Motives, Values, Preferences Inventory Manual. Tulsa, OK: Hogan Assessment Systems.Google Scholar
Hogan, Joyce, and Hogan, Robert. 1997. Hogan Development Survey Manual. Tulsa, OK: Hogan Assessment Systems.Google Scholar
Hogan, Joyce, and Hogan, Robert. 2007. Hogan Personality Inventory Manual. 3rd ed. Tulsa, OK: Hogan Assessment Systems.Google Scholar
Hogan, Robert, Hogan, Joyce, and Roberts, Brent W. 1996. Personality Measurement and Employment Decisions: Questions and Answers. American Psychologist 51:469–77.Google Scholar
Hogan, Robert, Hogan, Joyce, and Warrenfeltz, Rodney. 2007. The Hogan Guide: Interpretation and Use of Hogan Inventories. Tulsa, OK: Hogan Assessment Systems.Google Scholar
Hough, Leatta M. 1984. Development and Evaluation of the “Accomplishment Record” Method of Selecting and Promoting Professionals. Journal of Applied Psychology 69:135–46.Google Scholar
Hough, Leatta M., Oswald, Frederick L., and Ployhart, Robert E. 2001. Determinants, Detection, and Amelioration of Adverse Impact in Personnel Selection Procedures: Issues, Evidence, and Lessons Learned. International Journal of Selection and Assessment 9:152–94.Google Scholar
Hunter, John, and Hunter, Rhonda. 1984. Validity and Utility of Alternative Predictors of Job Performance. Psychological Bulletin 96 (1): 72–98.Google Scholar
Hurtz, Gregory M., and Donovan, John J. 2000. Personality and Job Performance: The Big Five Revisited. Journal of Applied Psychology 85:869–79.Google Scholar
Jencks, Christopher. 1988. Racial Bias in Testing. In The Black‐White Test Score Gap, ed. Jencks, Christopher and Phillips, Meredith, 55–85. Washington, DC: Brookings Institution Press.Google Scholar
Keltner, Dacher. 2006. Personal communication, April 5, 2006.Google Scholar
Kidder, William C. 2000. The Rise of the Testocracy: An Essay on the LSAT: Conventional Wisdom, and the Dismantling of Diversity. Texas Journal of Women and the Law 9:167–217.Google Scholar
Kidder, William C. 2001. Does the LSAT Mirror or Magnify Racial and Ethnic Differences in Educational Attainment?: A Study of Equally Achieving “Elite” Law Students. California Law Review 89:1055–1124.Google Scholar
Kidder, William C. 2003. Law and Education: Affirmative Action Under Attack: The Struggle for Access from Sweatt to Grutter: A History of African American, Latino and American Indian Law School Admissions, 1950–2000. Harvard Blackletter Journal 19:1–35.Google Scholar
Kilduff, Martin, and Day, David V. 1994. Do Chameleons Get Ahead? The Effects of Self‐Monitoring on Managerial Careers. Academy of Management Journal 37:1047–60.Google Scholar
Kristof, Amy L. 1996. Person‐Organization Fit: An Integrative Review of Its Conceptualizations, Measurement, and Implications. Personnel Psychology 49:1–49.Google Scholar
La Piana, William P. 1998. A History of the LSAC and the LSAT. http://lsac.org/LSACResources/Publications/PDFs/history‐lsac‐lsat.pdf (accessed April 9, 2011).Google Scholar
Lam, Laura T., and Kirby, Susan L. 2002. Is Emotional Intelligence an Advantage? An Exploration of the Impact of Emotional and General Intelligence on Individual Performance. Journal of Social Psychology 142 (1): 133–43.Google Scholar
Law, Kenneth S., Wong, Chi‐Sum, and Song, Lynda J. 2004. The Construct and Criterion Validity of Emotional Intelligence and Its Potential Utility for Management Studies. Journal of Applied Psychology. 89:483–96.Google Scholar
Law School Admission Council. 1999. LSAT/LSDAS Registration & Information Book. Newtown, PA: Law School Admission Services.Google Scholar
Lempert, Richard O., Chambers, David L., and Adams, Terry K. 2000. From the Trenches and Towers: Law School Affirmative Action: An Empirical Study of Michigan's Minority Graduates in Practice: The River Runs through Law School. Law & Social Inquiry 25:395–504.Google Scholar
Linn, Robert L., and Hastings, C. Nicholas. 1983. A Meta Analysis of the Validity of Predictors of Performance in Law School. Reports of LSAC Sponsored Research: 1978–1983. Newtown, PA: Law School Admission Services.Google Scholar
Makikangas, Anne, and Kinnunen, Ulla. 2003. Psychosocial Work Stressors and Well‐Being: Self‐Esteem and Optimism as Moderators in a One‐Year Longitudinal Sample. Personality and Individual Differences 35 (3): 537–57.Google Scholar
McDaniel, Michael A., Morgeson, Frederick P., Finnegan, Elizabeth B., Campion, Michael A., and Braverman, Eric P. 2001. Predicting Job Performance Using Situational Judgment Tests: A Clarification of the Literature. Journal of Applied Psychology 86:730–40.Google Scholar
Motowidlo, Steve. 2006. January 9, Personal communication.Google Scholar
Mumford, Michael. 1994. Biodata Handbook: Theory, Research, and Use of Biographical Information in Selection and Performance Prediction. Palo Alto, CA: CPP Books.Google Scholar
Norton, Lynne L., Suto, Deborah A., and Reese, Lynda M. 2006. Analysis of Differential Prediction of Law School Performance by Racial/ethnic Subgroups Based on 2002–2004 Entering Law School Classes. Law School Admission Council Technical Research Report TR‐06‐01. Newton, PA: Law School Admission Services.Google Scholar
Ones, Denis S., Viswesvaran, Vish C., and Schmidt, Frank L. 1993. Comprehensive Meta‐Analysis of Integrity Test Validities: Findings and Implications for Personnel Selection and Theories of Job Performance. Journal of Applied Psychology 78:679–703.Google Scholar
Oswald, Frederick L., Schmitt, Neal, Kim, Brian H., Ramsay, Lauren J., and Gillespie, Michael A. 2004. Developing a Biodata Measure and Situational Judgment Inventory as Predictors of College Student Performance. Journal of Applied Psychology 89:187–207.Google Scholar
Powers, Donald E. 1982. Long‐Term Predictive and Construct Validity of Two Traditional Predictors of Law School Performance. Journal of Educational Psychology 74:568–76.Google Scholar
Sackett, Paul R., Borneman, Matthew J., and Connelly, Brian S. 2008. High‐Stakes Testing in Higher Education and Employment: Appraising the Evidence for Validity and Fairness. American Psychologist 63:215–27.Google Scholar
Sackett, Paul R., Schmitt, Neal, Ellingson, Jill E., and Kabin, Melissa B. 2001. High‐Stakes Testing in Employment, Credentialing, and Higher Education: Prospects in a Post Affirmative‐Action World. American Psychologist 56:302–78.Google Scholar
Salgado, Jose F. 1997. The Five Factor Model of Personality and Job Performance in the European Community. Journal of Applied Psychology 82:30–43.Google Scholar
Salovey, Peter, Mayer, John D., Goldman, Susan L., Turvey, Carolyn, and Palfai, Tibor. 1995. Emotional Attention, Clarity and Repair: Exploring Emotional Intelligence Using the Trait Meta‐Mood Scale. In Emotion, Disclosure, and Health, ed. Pennebaker, James W., 125–54. Washington, DC: American Psychological Association.Google Scholar
Saucier, Gerard, and Goldberg, Lewis R. 1998. What Is Beyond the Big Five? Journal of Personality 66:495–524.Google Scholar
Scheier, Michael F., and Carver, Charles S. 1985. Optimism, Coping, and Health: Assessment and Implications of Generalized Outcome Expectancies. Health Psychology 4:219–47.Google Scholar
Scheier, Michael F., and Carver, Charles S. 1992. Effects of Optimism on Psychological and Physical Well‐Being: Theoretical Overview and Empirical Update. Cognitive Therapy and Research 16:201–28.Google Scholar
Scheier, Michael F., Carver, Charles S., and Bridges, Michael W. 1994. Distinguishing Optimism from Neuroticism (and Trait Anxiety, Self‐mastery, and Self‐esteem): A Reevaluation of the Life Orientation Test. Journal of Personality and Social Psychology 67:1063–78.Google Scholar
Schiltz, Patrick J. 1999. On Being a Happy, Healthy and Ethical Member of an Unhappy, Unhealthy and Unethical Profession. Vanderbilt Law Review 52:871–951.Google Scholar
Schmidt, Frank L. 2002. The Role of General Cognitive Ability and Job Performance: Why There Cannot Be a Debate. Human Performance 15:187–210.Google Scholar
Schmidt, Frank L., and Hunter, John E. 1981. Employment Testing: Old Theories and New Research Findings. American Psychologist 36:1128–37.Google Scholar
Schmidt, Frank L., and Hunter, John E. 1998. The Validity and Utility of Selection Methods in Personnel Psychology: Practical and Theoretical Implications of 85 Years of Research Findings. Psychological Bulletin 124:262–74.Google Scholar
Schmitt, Neal, Rogers, William, Chan, David, Sheppard, Lori, and Jennings, Danielle. 1997. Adverse impact and predictive efficiency of various predictor combinations. Journal of Applied Psychology 82:719–30.Google Scholar
Schrader, W. B. 1977. Summary of Law School Validity Studies, 1948–1975. Law School Admission Council Report No. LSAC‐76‐8. Princeton, NJ: Law School Admission Council.Google Scholar
Shultz, Marjorie, and Zedeck, Sheldon. 2008. Final Report: Identification, Development, and Validation of Predictors for Successful Lawyering. Unpublished manuscript, on file with authors.Google Scholar
Shultz, Marjorie, and Zedeck, Sheldon. 2003. Phase I Final Report: Identification and Development of Predictors for Successful Lawyering. Unpublished manuscript, on file with authors.Google Scholar
Slaski, Mark, and Cartwright, Susan. 2002. Health, Performance and Emotional Intelligence: An Exploratory Study of Retail Managers. Stress and Health 18:63–68.Google Scholar
Smith, Patricia C., and Kendall, Lorne M. 1963. Retranslation of Expectations: An Approach to the Construction of Unambiguous Anchors for Ratings Scales. Journal of Applied Psychology 47:149–55.Google Scholar
Snyder, Mark. 1974. Self‐Monitoring of Expressive Behavior. Journal of Personality and Social Psychology 30:526–37.Google Scholar
Snyder, Mark, and Gangestad, Steve. 1986. On the Nature of Self‐Monitoring: Matters of Assessment, Matters of Validity. Journal of Personality and Social Psychology 51:125–39.Google Scholar
Society of American Law Teachers. 2003. SALT on the LSAT. http://www.saltlaw.org/userfiles/file/2003_StatementLSATBrochure.pdf (accessed March 21, 2011).Google Scholar
Stilwell, Lisa A., Dalessandro, Susan P., and Reese, Lynda M. 2003. Predictive Validity of the LSAT: A National Summary of the 2001–2002 Correlation Studies. Law School Admission Council LSAT Technical Research Report TR‐03‐01. Newtown, PA: Law School Admission Services.Google Scholar
Stilwell, Lisa A., and Pashley, Peter J. 2003. Analysis of Differential Prediction of Law School Performance by Racial/ethnic Subgroups Based on 1999–2001 Entering Law School Classes. Law School Admission Council LSAT Technical Research Report TR‐03‐03. Newtown, PA: Law School Admission Services.Google Scholar
Sturm, Susan, and Guinier, Lani. 1996. The Future of Affirmative Action: Reclaiming the Innovative Ideal. California Law Review 84:953–1036.Google Scholar
Sullivan, William M., Colby, Anne, Wegner, Judith, Bond, Lloyd, and Shulman, Lee. 2007. Educating Lawyers: Preparation for the Profession of Law. San Francisco: Jossey‐Bass [“Carnegie Report”.Google Scholar
Tett, Robert P, Jackson, Douglas N., and Rothstein, Mitchell. 1991. Personality Measures as Predictors of Job Performance: A Meta‐Analytic Review. Personnel Psychology 44:703–42.Google Scholar
Tett, Robert P., Steele, Jacquelyn R., and Beauregard, Russell S. 2003. Broad and Narrow Measures on Both Sides of the Personality‐Job Performance Relationship. Journal of Organizational Behavior 24:335–56.Google Scholar
Weekley, Jeff A., and Ployhart, Robert E. 2005. Situational Judgment: Antecedents and Relationships with Performance. Human Performance 18:81–104.Google Scholar
Wiggins, Jerry S., and Trapnell, Paul D. 1997. Personality Structure: The Return of the Big Five. In Handbook of Personality Psychology, ed. Hogan, Robert, Johnson, John, and Briggs, Stephen, 737–65. San Diego: Academic Press.Google Scholar
Wightman, Linda F. 1993. Predictive Validity of the LSAT: A National Summary of the 1990–1992 Correlation Studies. Law School Admission Council Research Report 93‐05. Newtown, PA: Law School Admission Services.Google Scholar
Wightman, Linda F. 1997. The Threat to Diversity in Legal Education: An Empirical Analysis of the Consequences of Abandoning Race as a Factor in Law School Admission Decisions. New York University Law Review 72 (1): 1–53.Google Scholar
Wightman, Linda F., and Muller, David G. 1990. An Analysis of Differential Validity and Differential Prediction for Black, Mexican American, Hispanic, and White Law School Students. Law School Admission Council Research Report 90‐03. Newtown, PA: Law School Admission Services.Google Scholar
Youssef, Carolyn M., and Luthans, Fred. 2007. Emerging Positive Organizational Behavior. Journal of Management 33 (3): 321–49.Google Scholar
Xanthopoulou, Despoina, Bakker, Arnold B., Demerouti, Evangelia, and Schaufeli, Wilmer B. 2007. The Role of Personal Resources in the Job Demands‐Resources Model. International Journal of Stress Management 14 (2): 121–41.Google Scholar
Zedeck, Sheldon, Jacobs, Rick, and Kafry, Ditsa. 1976. Behavioral Expectations: Development of Parallel Forms and Analysis of Scale Assumptions. Journal of Applied Psychology 61:112–15.Google Scholar
Zedeck, Sheldon, Kafry, Ditsa, and Jacobs, Rick. 1976. Format and Scoring Variations in Behavioral Expectation Evaluations. Organizational Behavior and Human Performance 17:171–84.Google Scholar

Cases Cited

Grutter v. Bollinger, 539 U.S. 306 (2003).Google Scholar