Balancing the Bar

Happiness and the Practice of Law


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Defining Attorney Well-Being

What is well-being?  Is it about physical health, diet, exercise, mental health and/or spirituality?  Does the idea that we as lawyers are in the business of using our brain in the service of our clients, justice or to make a living make a difference in how we define well-being in the legal community?  Our brain is surely our greatest resource.  All attorneys should be interested in taking care of their number one resource.   So, the question is how do we best take care of ourselves?  How do we have a well brain and body which support us as we take care of the problems of others and maneuver in the legal arena?

Is health and well-being an appropriate goal for lawyers?  Or, does our profession accept that stress, depression and substance abuse are the risks we take when we make a career in the Law.   To me it seems we lose sense of ourselves and our center because of the stress and pressure.  These are real issues. Issues which, if you start to pause and observe, are so present that it is as if we are in a pressure cooker every day.  The reality is that every lawyer is prone to the effects of too much work, too much stress and too much self criticism.  How these problems manifest in our body, brain and mind is the essence of the challenges we face in being balanced humans who happen to practice law for a living?

We have all either experienced for ourselves or been exposed to co workers, friends and or opposing counsel who seems to be a little bit stressed, suffering from depression, overly emotional, sleeping too little, working longer hours without getting any more done or just sitting at a desk not focusing and trying to figure out just where to start as the work just seems to pile up above our heads.  These are inherent issues with the practice law and are treated by many as a part of the job.   I personally have experience many of stress signals.

The adversarial nature of the practice of law and the natural competitive tendencies of those of the profession only increase the pressure.  Some of the things that annoy us on a daily basis can be method to measure the stress level we have.  Pressure can come at you from different angles, finances, clients and just be in a adversarial relationship with others.

The excuse most people who practice law make is that “things have always been this way”.  People must look like, walk like and talk like the mirror image of older lawyers or they are branded difficult or eccentric.  Many attorneys find themselves in solo practice because they can’t or won’t deal with the law firm life and culture or because they feel more in control relying solely on themselves.  Even those of us who practice in a typical law firm setting can still feel isolated and alone when our suggestions for change are rejected or by the culture which allows for little individuality.

So, what is the answer?  Is there room for change in our profession?  For many, change is exciting but most lawyers are not fans of the concept.  However, when I discuss the idea of health and well-being with them they get the importance and are interested.  Combined this with the stunning statistics of the prevalence of anxiety and depression it seems like a no brainer, we should educate ourselves about the our body, brain and mind.  We must protect our most valuable assets to preserve our ability to continue to represent our clients, support our families and relate to one another in a professional matter.  It is essential to care for our most important resources because the other alternative is no alternative at all.  There are far too many people who leave the practice of law, face disciplinary issues or worse yet have substance abuse or mental health issues.  Health and Well-being is possible, but it takes commitment and vigilance by those of us who care about their fellow attorneys and by each individual attorney who wishes to protect their ability to continue their legal career.

Well-being comes from within.  No matter the information we present for benefit of others or how many self help articles or books you read you must make the decision to find your own sense of balance. Simply put, our sense of well-being is personal.  My sense of balance and my well-being is not the same as that of others.  Thus, the most important purpose of the Health and Well-being Committee is to provide information for people about health and well-being.   Simply stated the legal profession needs a base knowledge that conveys the message that a) attorneys need not suffer stress, anxiety or depression alone; b) stress/anxiety is not an unchangeable fact of life; c) you can change your reaction to your stressors and improve your mental and physical health; and d) there is life outside the law and to have one means you become a better more effective attorney.


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Dodging Second Darts

I am reading Buddha’s Brain: The Practical Neuroscience of Happiness, Love, and Wisdom.  This is actually my second time reading this wonderful book by Rick Hanson.  It has been over a year since my first reading.  It was one of the first books I read when trying to sort out my work life balance.  It is an amazing book. 

One of the most amazing concepts is that of “second darts”.  As we all know, unexpected things happen and other people (lawyers in particular) can be aggressive and inappropriate.  You know the scenario the client or attorney wants things their way and thinks they can have it just because it is their desire or they try to beat you into submission verbally or worse yet by email.  After day after day of dealing with others expectations it is no wonder I leave my office and my brain hurts.  These instances are first darts.  They are the initial thing that can set your mind spinning and ruin your day if you let it.

The second darts are those thoughts that flow through your mind after the initial instance, email or phone call.   You know the ones.  “How dare this client complain about a settlement when I did everything but stand on my head to get this done!”  “What a jerk does he think I can be bullied?”  You get the idea.  I have spent many years throwing of second darts at myself.  The thoughts can go on for hours.  Second darts are what in the past fueled my desire to scream, throw things and/or throw up my hands and quit.  It is hard to keep them at bay. Everyone does this – it is a party of human nature to try to rationalize with our emotions.

Most people cannot differentiate between the first and the second dart.  You can watch others go from 0 to 60 emotionally in 2.2 seconds.  It is amazing to see how one event can start a cascade of worry and anxiety.  It is up to each person to stop the cycle.  And it is within each person’s power to do this.  If we all stopped let the first dart just sit there and then sent emails, or returned phone calls or stated our position how much aggravation and stress would we eliminate. 

Buddha’s Brain and Rick Hanson’s second book Just One Thing: Developing a Buddha Brain one Step at a Time are full great techniques to help you calm and reset your brain.  Dr. Hanson has a website devoted to the practices and a weekly email sign up as well.  He lectures often and if you visit you tube he has a channel devoted to his new book called justoneminutetoday.  

My favorite technique is an easy one to do.  When you feel stressed or anxious  take three breaths inhaling and exhaling the same amount of time.  Some days I count to three several times.   And it helps a lot.