For those of us in academic and bar support, every bar exam cycle ends with a familiar ritual: the refresh of results pages, the email notifications, the sighs of relief, and sometimes, the heartbreak. The bar pass rate looms large, often treated as the single metric of program success. But as anyone in this work knows, success is far more complex than a percentage.

If we only measure outcomes by who passes, we risk overlooking the meaningful, transformative work that happens along the way. The bar exam is high-stakes, but it’s also a blunt instrument. It captures a snapshot of performance on one test under high stress. It doesn’t capture the student who entered law school underprepared and learned how to think critically, write analytically, and manage stress effectively. It doesn’t reflect the student who failed once, came back, and ultimately passed. When we define success only by the pass rate, we risk undervaluing growth, resilience, and the development of lifelong learning habits that will serve graduates far beyond exam day.

Instead of focusing solely on outcomes, programs can look to process metrics, which are the behaviors and skills associated with long-term success. For example, programs might looks to engagement with resources and faculty; skill development over the course of a student’s JD program; and behavioral changes like improving time management. Qualitative data tells one story, but qualitative data captures another. Asking students how confident they feel about tackling new challenges, how connected they feel to faculty, or how they’ve learned to recover from setbacks offers a fuller picture of academic and emotional growth. These data points reveal patterns of progress.

When we look beyond the pass rate, we can also ask better institutional questions. For instance, we might ask:

•  What structural barriers affect student outcomes?
• How does our program design serve diverse learners?
• What interventions made the biggest difference in engagement?

A focus on deeper metrics turns “results” into research, helping schools refine strategies and promote equity. 

Behind every data point is a student with a story. Celebrating the graduate who passed on the first try and the one who took a longer path honors the truth that success is iterative. Persistence, reflection, and continued effort are victories in themselves.

The pass rate matters—it’s one measure of how effectively we’ve prepared students for licensure. But it’s not the only measure. As academic and bar support professionals, our work isn’t just about producing passing scores; it’s about cultivating confident, capable professionals who know how to learn, adapt, and persevere. When we measure success by growth, engagement, and resilience, we tell a more accurate story of what success in legal education truly looks like.

(Dayna Smith)

Backlash against the unknown or lesser known is nothing new. Neurodiversity, particularly autism, has come under recent scrutiny and received significant backlash due to outdated stereotypes and misinformation.[1] However, this viewpoint of autism, and neurodiversity in general, is misguided.

Autistic persons can be—and are—thoughtful, smart, and empathetic. Some even work within the legal academy or in practice.[2] But being autistic or neurodivergent means learning how to navigate the challenges we face while also understanding some of our own strengths.

As a late-diagnosed neurodivergent adult, some days I still struggle to accept parts of myself when I face challenges. Other days it is so evident who I am (and have always been) that I cannot help but to clearly see how a specific strength has manifested positively at work or in life.

Understanding the strengths and challenges that our neurodivergent law students face requires us to look at the surrounding context. “Context is key . . . because in one situation, one set of traits can be highly beneficial and in another situation, those same traits can be ‘crippling.’”[3] One neurodivergent law student may be strong at performing under timed pressure, such as on exams, and may be otherwise challenged by communicating effectively with neurotypical judges and witnesses in moot court or mock trial experiences. Another neurodivergent law student may have the opposite strengths and challenges. Neither of these things, however, mean that the student will not be able to succeed in law school or even in practice. Instead, we need extra support,[4] therapy,[5] training,[6] or mentorship[7] to better manage our challenges, build new skills, and find our personal path to successful practice.[8]

Doing so sets neurodivergent law students up for success as they learn to lean into their strengths and how to better support the challenges they face. “For most, [autism] is an endless fight against schools, workplaces, and bullies. But under the right circumstances, give the right adjustment, it CAN be a superpower.”[9] As legal educators who have neurodivergent students in our halls, we need to reframe how we talk about neurodiversity broadly, and autism specifically, especially given the recent problematic framing that has been repeated in more public spheres.[10]

Reframing how we talk about neurodiversity into a spectrum of strengths and challenges is important for our neurodivergent law students in several ways. For one, it helps pivot incorrect narratives, driven by the medical model of understanding neurodiversity, that all neurodivergent adults are incapable of being productive members of society because something is “wrong” with us.[11] It also helps one to empathize more with neurodivergent persons to understand that just like a neurotypical person may have good and bad days, more- and less-productive days, we similarly struggle—just doing so with fewer spoons[12] to get us through the day. Finally, it helps us to recognize that neurodivergent people are everywhere around us.

No single one of us is more or less valuable[13] because of what contributions we can or cannot offer to a society that was not built with us in mind. We each have strengths and challenges that we face based on how our neurodivergence presents, but that doesn’t necessarily make us a superhero—it makes us a person equally owed respect and consideration.

(Erica Lux)

[1] Jen Christensen, Brenda Goodman, & Meg Tirrell, Trump Links Autism to Acetaminophen Use During Pregnancy, Despite Decades of Evidence It’s Safe, CNN (Sept. 23, 2025), https://www.cnn.com/2025/09/22/health/trump-autism-announcement-cause-tylenol; but see Ashley Bell, What Causes Autism? Is Autism Genetic or Environmental?, UCLA David Geffen School of Medicine (April 10, 2024),https://medschool.ucla.edu/news-article/is-autism-genetic (stating that up to 1,000 genes and inherited genetic mutations mostly impact autism susceptibility, while prenatal exposure to certain environmental elements are relatively rare in indicating autism). Increases in rates of autism are due to a number of factors, including “awareness, testing, and diagnoses [that] have evolved to capture patients that were previously unrecognized or diagnosed with something different—not so much because instances of autism have actually increased.” Bell, supra note 1.

[2] See, e.g., Haley Moss, Who I Am?, Haley Moss, https://haleymoss.com/about/ (last visited Oct. 1, 2025); Riley Roliff, Queer, Autistic, Empowering: An Ohio Law Professor Busts Norms & Transforms the Classroom, The Buckeye Flame (June 9, 2023), https://thebuckeyeflame.com/2023/06/09/queer-autistic-empowering-csu-law-professor/; Joel Brown, A Very Different Path to Excellence, BU Today (May 16, 2017), https://www.bu.edu/articles/2017/gary-lawson-metcalf-award-for-excellence-in-teaching/; Ian Karbal, Pennsylvania’s Autistic Lawmakers Condemn Trump-Kennedy Approach to the Disorder, Penn. Capital-Star (Sept. 24, 2025),https://penncapital-star.com/health/pennsylvanias-autistic-lawmakers-condemn-trump-kennedy-approach-to-the-disorder/; Peter O’Neil, My So-Called ‘Disorder’ Made Me a Better Attorney, Seattle Times (May 12, 2023), https://www.seattletimes.com/opinion/my-so-called-disorder-made-me-a-better-attorney/. I am also a neurodivergent attorney and legal educator.

[3] Jenara Nerenberg, Divergent Mind: Thriving in a World That Wasn’t Designed for You 72 (2020) (quoting Harvard neurologist Joel Salinas as to whether being neurodivergent is a gift, curse, or none of the above).

[4] See e.g., Katherine Silver Kelly, Be Curious Not Judgmental: Neurodiversity in Legal Education, 78(2) Ark. L. Rev.  (2025).

[5] See e.g., Barbara L. Kornblau & Scott Michael Robertson, Guest Editorial: Special Issue on Occupational Therapy with Neurodivergent People, 75(3) Am. J. of Occupational Therapy (2021).

[6] See e.g., Sarah Schlossberg, ADHD and Me: Strategies for Lawyers with Executive Functioning Challenges, 68 Prac. Law. 3 (April 2022).

[7] See e.g., Bill Wong et al., The Importance of Neurodivergent Mentorship for the Development of Professional Identity, 6(1) Neuroscience Rsch. Notes 167 (2023).

[8] See e.g., Stephanie Francis Ward, For Lawyers with Autism, the Work Often Pairs Up with Things They Do Well, ABA J. (Apr. 22, 2019, 6:30 AM CDT),https://www.abajournal.com/web/article/for-lawyers-with-autism-the-work-often-pairs-up-with-things-they-do-well.

[9] Maija Kappler, Greta Thunberg Opens Up About Her Asperger’s Syndrome, HuffPost (Sept. 19, 2019), https://www.huffpost.com/archive/ca/entry/greta-thunberg-aspergers_ca_5d6c2d31e4b09bbc9ef0e7db (quoting activist Greta Thunberg).

[10] Bethany Braun-Silva, RFK Jr.’s Comments on Autism Draw Reactions from Parents & Experts, ABCNews (Apr. 17, 2025), https://abcnews.go.com/GMA/Wellness/parents-experts-react-rfk-jrs-autism-claims/story?id=120911306 (pushing back on Health and Human Services Secretary Robert F. Kennedy Jr.’s problematic comments that autism “destroys families” and autistic children will never be productive or have meaningful relationships); Karbal, supra note 2.

[11] Haley Moss, Great Minds Think Differently: Neurodiversity for Lawyers & Other Professionals 9–13 (2021).

[12] Megan Anna Neff, Spoon Theory for Autism & ADHD: The Neurodivergent Spoon Drawer, Neurodivergent Insights (July 13, 2022), https://neurodivergentinsights.com/the-neurodivergent-spoon-drawer-spoon-theory-for-adhders-and-autists/.

[13] Being a productive member of society is not what gives someone value; being a human being, a person, is what gives someone value.

By the end of September, academic success and bar professionals feel the bandwidth belt tighten. To protect your workflow, productivity, and sanity, now is the time to practice William Ury’s “Power of Positive No.”[1] While this book is frequently used in ADR courses, the method for delivering a “no” is transferrable to our daily work life.

We are at the time of year when our students “need a minute”, meeting conflicts overtake our calendar, and weekly assessment feedback elongates the workday until late evenings. As William Ury explains, “at the heart of the difficulty in saying ‘no’ is the tension between exercising your power and tending to your relationship.”[2] In the context of our profession, the tension arises between tending to our professional well-being and supporting relationships within the workplace.

Ury’s book does an excellent job explaining how to execute the “Yes! No. Yes?” approach in three specific stages – preparation, delivery, and follow through.[3] With emphasis on the delivery stage, when it is time to say no, express your “yes” (your motivations for saying no), assert your “no” (consistently and persistently), and propose an alternative “yes” (which creates opportunity for mutual gains).[4]

To illustrate this tactic through a common workplace hypothetical: a student organization contacts you to create an academic workshop by next week. You are on a very busy faculty committee, teaching two courses, and providing individual weekly feedback on sixty assignments. You feel the tension between managing your limited time versus supporting students and establishing positive rapport. Delivering a flat “no” response will lead to student disappointment and harm relationships. Instead of a simple “no”, explain your motives to say “no” (you have pressing committee obligations requiring more time than you anticipated), deliver your “no” (“I’m unable to offer a workshop next week”), and propose an alternative (“Perhaps we can recruit some student success mentors to host a panel or workshop in lieu of my participation?”). This approach opens the door for opportunities while also maintaining your professional well-being.

Thus, in finishing September’s communication series, don’t forget to empower your “no.” (and read William Ury’s books – it is worth it for professional development).

(Amy Vaughan-Thomas)

[1] WILLIAM URY, THE POWER OF A POSITIVE NO: HOW TO SAY NO AND STILL GET TO YES 50 (Bantam Books 2007)

[2] Id. at 22

[3] Id. at 40

[4] Id.

Students often have a sense of what they should be doing. They heard they should be reviewing notes regularly, doing practice problems, and spacing out their studying. Yet, despite how many times I remind them of the steps, I still find students cramming for exams at the last minute. The gap between intention and action is real, and it’s where academic support educators can make a big difference. We can help students build routines that stick by drawing on principles from psychology and behavioral science:

1. Starting Small with Micro-Habits
   Students often come to talk about their big goals, like studying three hours every day (usually after not studying at all for a semester). But big goals can often feel overwhelming and, as a result, are abandoned quickly. Change is more sustainable when it begins with small, easy wins. For instance, suggest adding a 10–15-minute daily review instead of a three-hour study block. Once habits take root, they naturally expand. Success at smaller goals builds momentum.
2. Use Implementation Intentions
   Vague intentions like I’ll study Torts this week don’t translate into action. Implementation intentions do. Implementation intents often follow a specific “if/when-then” plan. For instance, you might help a student draft a specific rule like: When it’s 6 pm, then I’ll review my Torts outline for 20 minutes or If I finish reading, then I’ll rewrite one rule statement. Helping students create specific, simple rules for themselves can increase follow-through.
3. Reduce Friction, Increase Cues
   Students often avoid studying because it feels hard to get started. Let’s face it – there are probably a hundred things we’d rather do than sit down and study. Behavioral science suggests we should guide students to make the desired behavior easier so there are fewer excuses not to get started. This might look like reducing friction or increasing cues. For example:
   • Reducing Friction: Keep outlines open on the desktop rather than buried in files
   • Increase Cues: Pair study time with a visual or auditory trigger, like sitting in a designated spot or paying a specific “study start” song.
   Environmental design can matter as much as willpower to following through with a study plan.
4. Harness the Power of Accountability
   We are more likely to follow through when someone else is expecting us to. Encourage students to form study groups with clear, shared goals; schedule study check-ins with peer mentors or academic support staff; or use apps or tracking sheets to share progress. Accountability turns private intentions into public commitments.
5. Emphasize Reflection and Feedback
   We all know that habits aren’t static. They require adjustment! Encourage students to pause weekly and ask what worked well, what didn’t, and what small adjustment(s) could improve next week. By framing reflection as part of routine, students learn that setbacks aren’t failures but feedback.

Helping students build productive study routines isn’t about handing them the perfect schedule. Instead, it’s about helping them work with human psychology. When routines are small, specific, supported by cues, reinforced with accountability, and open to feedback, students stop fighting procrastination and start building sustainable habits for law school, the bar exam, and beyond.

(Dayna Smith)

If you are currently a managing member of a team or if you aspire to be one, you should remember this quote:

“Managers get paid to eat the tension.”

A rough quote to be sure as a result of my own aged memory, but I will never forget when my first law school boss, John Delony, told me this. I’m sure this was in the context of a conversation about something that had not gone quite so well at an event and he was giving me constructive guidance he’d received from those above him. However, this phrase stuck with me, especially a couple of years ago when I started managing full-time employees for the first time in my career. And as I have continued to grow and manage new people, I always keep this thought at the back of my mind when I need to pass along feedback from above to my employee.

As a manager, it is your responsibility to take care of the workers you manage. We all have our own management styles. However, when things go wrong—and they inevitably will—and you hear from those above that corrective action is needed, it is important to remember your responsibility to look after your employees rather than defaulting to scold or punish them.

Even if you get yelled at, even if tempers or tensions rise in the meeting where you learn of the challenge, you eat that tension. Let the pressure end with you, instead of passing the same frustrating conversation onto your employee. For some, this may mean taking a beat before you meet with your employee to convey the message. For others, this may mean planning how you intend to have the conversation constructively if it is more urgent. This way, when you meet with your employee, you can have a clearer head, a softer tone as you offer guidance for moving forward, and not break the trust that you developed.

Effective management, especially with full-time employees—but also with part-time student workers—requires that you establish a two-way road of trust and development. If every time you take the tension from a higher-up back to your employee, you can erode that relationship even within just one instance. Instead, to build deeper respect you can (and should) accept some of the fault as your own, whether the error was a result of something you missed in training or if it was perhaps a careless mistake on their part. Doing so can also help the employee to realize that performing their position reflects on you and the whole team, just as much as them individually. And this can often encourage them to do better next time. Instead, if the opposite approach is taken, you can drive a wedge between you, creating a place where they do not feel integral to the team.  

Of course, there is a point where multiple instances of the same thing can result in a firmer approach. However, I firmly believe that first times challenges arise—that is on me. It is my job to eat the tension, just as my bosses before me did, and to help my employee learn and grow. So, as you build your own management skills and philosophy, remember, you get paid to eat the tension.

(Erica M. Lux)