Maybe I'm missing something, but aren't we just talking about 'people skills'? If that is essentially the point, I'm not sure there is anything to practice with; a lot of it is somewhat innate at this point in our lives. This is especially true in that most of the situations where it comes into play, you cannot actually sit back and think tactically, but must react based on your best instincts.

Perhaps there is a way to improve though, and it relates to something I think Professor Moglen has been speaking about all semester. Although I am on the fence with some of the things he says, I am 100% behind him in what I believe to be his general message that many law students simply regurgitate what the professor says (or what they think the professor wants to hear) in an altered, verbose manner. Personally, this 'gunning' doesn't impress me all that much, and it's really nice to hear a professor stand up against that. I have also been impressed with his knowledge about the mindset of a successful poker player. Much like the model for a truly successful student, the poker player sits back, and analyzes his environment. He then acts when he has sufficient information to guarantee some probability of success. Likewise, students perhaps should adopt a similar manner, and take the time to actually listen to each other.

I don't mean these comments as a reflection on this thread at all, so sorry if that seemed to be the case. I have to say, I have frequently caught myself forming opinions and planning my own responses to what someone is saying, without actually taking the time to absorb their complete message. This characteristic I suspect is especially prevalent at a place like Columbia, with many intelligent, successful, and opinionated students eager to make their voices heard. This is both a gift and a curse, and just like the Jay-Z album, has its ups and downs.

-- AaronShepard - 09 Mar 2009