Sunday, May 26, 2013
Many of now are beginning to work with new student research assistants. I want mine to be aware of their obligation to keep confidences. I don’t want to assume that students always will use their good judgment. Here is what I tell my research assistants:
This is just for the record. I don’t keep a very neat office, and at some point, you may see something that should be kept confidential. You also may hear some faculty gossip. So please keep confidential anything that you suspect should remain confidential. That’s all.
Although the target audience for this article is experienced litigators, law students raised on a steady diet of distracting social media would likely benefit just as much if not more from instruction in how to cultivate in themselves the skill of mindfulness. From the ABA Section on Litigation Journal.
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Mindfulness is an awareness of life in the present moment: Simple to state, but not necessarily so easy to accomplish. Our minds are often cluttered with ruminations about the past and concerns about the future. We are so busy living in the past or projecting onto the future that often we are not acutely attuned to what is happening in the present moment. The clutter inhibits clarity of thought and increases stress and anxiety.
Mindfulness creates the opportunity to pause, breathe, and connect with one’s inner thoughts, feelings, and emotions; in other words, to become aware of how we are reacting in a given situation and to provide ourselves with the opportunity to moderate our reaction and respond thoughtfully.
Scott Rogers, director of Miami Law’s Mindfulness in Law Program and cochair of the joint task force, explains how mindfulness works: Through an exercise as seemingly simple as paying attention to the breath, with practice one becomes more expert at noticing the subtle movement of the mind and body as thoughts, feelings, and sensations continuously arise and pass away. The trick, if you will, is to not get so caught in the thought or overwhelmed with the feeling that you are transported away from the object of your concentration and lose your grounding.
When attorneys practice mindfulness, the experience they gain by noticing their minds moving off into distraction, and returning their attention to their breath, makes them better equipped to deal with the unexpected—because they catch the thoughts and feelings that are resisting the moment, and are better equipped to stay on task and respond in proportion to the challenge. For the same reasons, they enhance their capacity to be more genuine and present for what arises in their interactions with their clients, their colleagues, witnesses and adversaries. They are better able to focus on and enjoy their work.
Dig it. You can continue reading here.