Monday, May 3, 2021
Please join me in participating in Well-Being Week in Law (WWIL), #WellbeingWeekInLaw. WWIL is a week-long event that is aligned with Mental Health Awareness Month. (Yes, that's this month!) From the event website:
What’s The Purpose of WWIL?
The aim of WWIL is to raise awareness about mental health and encourage action and innovation across the profession to improve well-being. In 2021, the event’s name was changed from “Lawyer Well-Being Week” to Well-Being Week in Law to be more explicitly inclusive of all of the important contributors to the legal profession who are not lawyers.
Each day in the week, the WWIL program invites participants to focus on a different aspect of well-being, using this graphic as a guide:
I am planning on participating in WWIL activities as much as I can in this busy week filled with exams, papers, and the graduation for our third-year students.
Today's WWIL focus is physical well-being. I had a lovely 10,000+ step walk planned for this morning with a colleague to start the week off right. Rainstorms put the kibosh on that. (We are rescheduling . . . .) But I will try to get a walk in later in the day--outdoors, if the rain lets up for a bit or tapers off. Moreover, while I have not written about it recently, I do continue to practice and teach yoga. I also will work some yoga into the day later. It's a super antidote to that scrunchy feeling I get sitting at the computer all day! Both walking and yoga--desk yoga, specifically (check it out!)--are mentioned on a nifty WWIL webpage that offers ideas for how individuals can participate.
In addition to these movement-oriented ways of looking out for my physical well-being, now that classes are done for the semester (yay for that!), I have refocused attention on getting at least seven hours of sleep and hydrating more frequently and consistently. I also am cutting way back on coffee, which has been doing a number on my stomach of late. I try to eat a balanced diet (I am a meat, fish, and poultry eater and love almost every food imaginable), although I know that I can always use more veggies and fruits in my day! Perhaps some of these things also represent helpful suggestions for your well-being.
A good diet is hard to come by, however--at least sometimes. And there are specific health issues that I must focus on as I prepare to start my seventh decade of life in less than two weeks. (Humbling.) So, maintaining physical wellness, for me, also involves taking supplements and medications. I have recently recommenced taking iron supplements for a slightly low iron count that has been dragging my energy level down lately (something I also wrestled with a year ago--cause investigated and still unknown), even though doing that makes me cranky because of the way I have to sequence taking those supplements and a GERD medication that I dutifully take every morning. I also am restarting omega-3 supplements, which are known to lower high triglyceride levels (something I have contended with in the past). And I regularly take vitamin D supplements and an anti-cholesterol medication, as prescribed by my doctor. It's a lot to focus on, but I am worth it!
Gratefully, there is a lot of solid programming out there for lawyers who desire to improve their well-being. Even continuing legal education programs now cover this space (I have given two sessions on mindfulness) as part of professional responsibility/ethics training. And if you are interested in lawyer wellness--or just in avoiding burnout (read on)--you may want to check out a new podcast series that premieres on Wednesday: Leveraging Latitude. One of the co-hosts, Candice Reed, is an engaging UT Law alum who is the co-founder of a legal services recruitment/placement firm. She teaches in UT Law's Institute for Professional Leadership. (I sat through her "Thriving as Lawyer" class this semester. It was truly inspiring.) On LinkedIn, Candice notes the following about Wednesday's podcast:
Our first guest is former attorney and resilience expert Paula Davis. We'll be discussing her new book, Beating Burnout at Work: Why Teams Hold the Secret to Well-being and Resilience. This book is fantastic and full of pragmatic, science-backed strategies for addressing burnout, and Paula is a dynamic speaker and teacher. I hope that you will listen to our conversation.
Sounds like a highly relevant program, especially for us law professors at the end of a difficult semester and academic year.
Finally, I want to give a loving shout-out to co-blogger Marcia Narine Weldon. If you are not connected with her through LinkedIn, you are missing out in many ways--including as to tips on lawyer well-being. Her latest post, from yesterday, is here. In that post and the embedded video, Marcia honors Mental Health Awareness Month and advises us to take care of ourselves, especially if we take care of others. She offers multiple suggestions for ways to accomplish that self-care. Marcia also has shared wisdom on lawyer well-being here on the BLPB. She started us off in 2021 by counseling us on how to thrive this year and recently offered information on the business case for promoting, supporting, and even prioritizing attorney well-being. The courage and candor she shows in all of these communications is laudable and evidence of her caring nature and support for the legal community. Her work is an inspiration for this post.
Be well, y'all.
Wednesday, April 14, 2021
On sabbatical, so this was a pretty good semester of reading (for me). 23 books and two online courses. A good bit about contemplation and religion with some philosophy and fiction. The Remains of the Day and A River Runs Through It were probably my two favorite, though the Merton and Willard books were meaningful too.
Private Government: How Employers Rule Our Lives (and Why We Don’t Talk About it) - Elizabeth Anderson (2017) (Philosophy). Tanner Lectures on Human Values at Princeton University. Four commenting essays by different professors follow, then Professor Anderson responds. Her main claim is that Adam Smith and others envisioned a free market with large amounts of self-employment. But powerful modern employers have become “unaccountable communist dictators” who use the rhetoric of freedom, but provide very little of it within their firms. Many employees have no “dignity, standing, or autonomy” in their firms and Anderson calls for more of an employee role in governance, perhaps along the German codetermination model.
Invitation to Solitude and Silence- Ruth Haley Barton (2004) (Religion). “We are starved for quiet, to hear the sound of sheer silence that is the presence of God himself.”
The Stranger - Albert Camus (1942) (Novel). Death, relationships, crime, and the absurd. “I opened myself to the gentle indifference of the world.”
The Shallows: What the Internet Is Doing to Our Brains - Nicholas Carr (2011) (Culture). Extending Marshall McLuhan’s Understanding Media (1964) and Neil Postman’s Amusing Ourselves to Death (1985) to the Internet. Since reading Postman’s book, I’ve been curious about what he would say about the Internet, and Carr attempts to do some of that work, looking especially at our diminished attention spans.
My Name is Hope - John Mark Comer (2011) (Religion). Faith, anxiety, and depression. A bit memoir and a bit self-help. Admits that he is not a doctor or a therapist, but posits that there are root situational or historic causes under most cases of anxiety and depression. Makes calls for attention to the mind/body connections, prayer and meditation, and transparency and forgiveness.
Garden City - John Mark Comer (2015) (Religion). Faith, work, and rest. “The American Dream...has devolved over the years into a narcissistic desire to make as much money as possible, in as little time as possible, with as little effort as possible, so that we can get off work and go do something else.”
Happy Money - Elizabeth Dunn and Michael Norton (2013) (Behavioral Science). Buy experiences, not stuff. Make it a treat, not daily indulgence. Savor. Buy time; outsource dreaded time-consuming tasks. Time affluence tied to greater happiness. Stay present. The slow movement. Buy now, consume later (“delaying consumption allows spenders to reap the pleasures of anticipation without the buzzkill of reality, vacations provide the most happiness before they occur.”) Invest in others; people who donate to charity report feeling wealthier.
The Happiness Hypothesis - Jonathan Haidt (2006) (Psychology). Happiness and meaning and positive psychology through the lens of ancient wisdom. Elephant (desire) and the rider (reason). Happiness = Set Point (Meditation, Cognitive Therapy, Prosac) + Living Conditions ($70K, commute, relationships) + Voluntary Activities (gratitude, building community, being useful).
The Remains of the Day - Kazuo Ishiguro (1988) (Novel). British butler ponders duty, dignity, family, love, bantering, and tradition on a few days of countryside driving and reminiscing.
How to Be an Antiracist - Ibram X. Kendi (2019) (Race). The expectations and comments of his teachers struck me. I have known about the powerful positive potential of our words as professors, but Kendi’s work reminds me that we can do great harm as well. Kendi writes “ I internalized my academic struggles as indicative of something wrong not just with my behavior but with Black behavior as a whole, since I represented the race, both in their eyes - or what I thought I saw in their eyes-and in my own.” He noted that “Black students who have at least one Black teacher in elementary school are 29 percent less likely to drop out of school.” He did a nice job showing problems with standardized testing, but did not have much in terms of detailed proposals in changing college admissions.
The Practice of the Presence of God - Brother Lawrence (1895) (Religion). “His only thought was about doing little things for the love of God, since he was not capable of doing great things. Afterward, whatever happened to him would be according to God’s will, so he was not at all worried about it.” “Our sufferings will always be sweeter and more pleasant when we are Him, and without Him, our greatest pleasure will be but a cruel torture.” “I would like to be able to persuade you that God is often nearer to us in our times of sickness and infirmity than when we enjoy perfect health.”
Abolition of Man - C.S. Lewis (1943) (Education). Short book on education, truth, the doctrine of objective value, recognizing our flaws (Lewis did not like being around small children). justice, and valor.
Extraterrestrial: The First Signs of Intelligent Life Beyond Earth- Avi Loeb (2021) (Space). Harvard astronomy professor discusses Oumaumua, an odd interstellar object, sighted for 11 days in October of 2017 and the possibility that we are not alone in the universe. He bemoans the closed mindedness of some academic disciplines and argues for humility (even as he brags a bit about his accomplishments).
A River Runs Through It - Norman Maclean (1989) (Novel). Family and fishing. Younger brother, troubled and beautiful. Supposedly first novel published by University of Chicago Press.
No Man is an Island- Thomas Merton (1955) (Religion). OK to be ordinary. “All things are at once good and imperfect. The goodness bears witness to the goodness of God. But the imperfection of all things reminds us to leave them in order to live in hope. They are themselves insufficient. We must go beyond them to Him in Whom they have their true being.” “Everything in modern city life is calculated to keep man from entering into himself and thinking about spiritual things. Even with the best of intentions a spiritual man finds himself exhausted and deadened and debased by the constant noise of machines and loudspeakers, the dead air and the glaring lights of offices and shops, the everlasting suggestions of advertising and propaganda.” (108-09). “The cornerstone of all asceticism is humility.” (113). “A [person] who is not at peace with himself projects his interior fighting into the society of those he lives with, and spreads a contagion of conflict all around him….In order to settle down in the quiet of our own being we must learn to be detached from the results of our own activity. We must withdraw ourselves, to some extent, from effects that are beyond our control and be content with the good will and the work that are the quiet expression of our inner life...Our Christian identity is, in fact, a great one; but we cannot achieve greatness unless we lose all interest in being great.”
New Seeds of Contemplation- Thomas Merton (1964) (Religion). "There is no true peace possible for the man who still imagines that some accident of talent or grace or virtue segregates him from other men and places him above them" “Hate in any form is self-destructive, and even when it triumphs physically it triumphs in its own spiritual ruin.” “Hurry ruins saints as well as artists.” “If we were incapable of humility we would be incapable of joy, because humility alone can destroy the self-centeredness that makes joy impossible.” “A humble man can do great things with an uncommon perfection because he is no longer concerned about incidentals, like his own interests and his own reputation, and therefore he no longer needs to waste his efforts in defending them.”
In the Name of Jesus - Henri Nouwen (1989) (Religion). From Harvard to working with people with mental challenges at L’Arche. Brought Bill with him to talk to aspiring ministers in Washington D.C. - “we did it together.”
Can You Drink the Cup? - Henri Nouwen (1996) (Religion). “Joys are hidden in sorrow.” "We want to drink our cup together and thus celebrate the truth that the wounds of our individual lives, which seem intolerable when lived alone, become sources of healing when we live them as part of a fellowship of mutual care.”
The Tyranny of Merit - Michael Sandel (2020) (Philosophy). Even if we had a level playing field, the talented would win and talent is not deserved or earned. A bit short on solutions, but suggests a lower bar for elite college admissions and then lottery to select who goes. Thinks this would inject a bit of humility into the process and dispel that elite college admissions is earned by the individual.
The Ethics of Authenticity - Charles Taylor (1991) (Philosophy). Searches for a nuanced view of authenticity--exploring subjectivism, narcissism, apathy, horizons of significance, dialogue, and social traditions. (Lectures entitled “Malaise of Modernity”)
The Spirit of the Disciplines - Dallas Willard (1988) (Religion). Disciplines of Abstinence (solitude, silence, fasting, frugality, chastity, secrecy, sacrifice). Disciplines of Engagement (study, worship, celebration, service, prayer, fellowship, confession, submission).
The Great Omission - Dallas Willard (2014) (Religion). The great commission is not just about conversions, but about making *disciples* of all kinds of people.
Called to Business - Dallas Willard (2019) (Religion) Extremely short book. A few articles on faith and work; serving others while making a living.
The Promise Podcast (2020) - ~5 hours. Season 2. East Nashville public schools, diversity, wealth, and school choice.
Friday, March 12, 2021
It's been one year since the US declared a pandemic. It's been a stressful time for everyone, but this post will focus on lawyers.
I haven't posted any substantive legal content on LinkedIn in weeks because so many of my woo woo, motivational posts have been resonating with my contacts. They've shared the posts, and lawyers from around the world have reached out to me thanking me for sharing positive, inspirational messages. I hope that this care and compassion in the (my) legal community will continue once people return back to the office.
Earlier this week, I took a chance and posted about a particularly dark period in my life. I've now received several requests to connect and to speak to legal groups and law firms about mindset, wellness, resilience, and stress management. I've heard from executives that I used to work with 15 years ago asking to reconnect. Others have publicly or privately shared their own struggles with mental health or depression. I'm attaching a link to the video here. Warning- it addresses suicide prevention, but it may help someone.
I'm also sharing an article that my colleague Jarrod Reich wrote last year. He and I have just finished sitting on a panel on Corporate Counsel and Professional Responsibility Post COVID-19, and it's clear that the issue of lawyers and mental health could have been its own symposium. Here is the abstract for his article, Capitalizing on Healthy Lawyers: The Business Case for Law Firms to Promote and Prioritize Lawyer Well-Being.
This Article is the first to make the business case for firms to promote and prioritize lawyer well-being. For more than three decades, quantitative research has demonstrated that lawyers suffer from depression, anxiety, and addiction far in excess of the general population. Since that time, there have been many calls within and outside the profession for changes to be made to promote, prioritize, and improve lawyer well-being, particularly because many aspects of the current law school and law firm models exacerbate mental health and addiction issues, as well as overall law student and lawyer distress. These calls for change, made on moral and humanitarian grounds, largely have been ignored; in fact, over the years the pervasiveness of mental health and addiction issues within the profession have persisted, if not increased. This Article argues that these moral- and humanitarian-based calls for change have gone unheeded because law firms have not had financial incentives to respond to them.
In making the business case for change, this Article argues that systemic changes designed to support and resources to lawyers will avoid costs associated with lawyer mental health and addiction issues and, more importantly, create efficiencies that will increase firms’ long-term financial stability and growth. It demonstrates that this business case is especially strong now in light of not only societal and generational factors, but also changes within the profession itself well. As firms have begun to take incremental steps to promote lawyer well-being, lasting and meaningful change will further benefit firms’ collective bottom lines as it will improve: (1) performance, as clients are demanding efficiency in the way their matters are staffed and billed; (2) retention, as that creates efficiencies and the continuous relationships demanded by clients; and (3) recruitment, particularly as younger millennial and Generation Z lawyers—who prioritize mental health and well-being—enter the profession.
If you have any feedback on Jarrod's article or tips on how you are coping, surviving, or thriving in these times, please feel free to drop them in the comments.
Take care and stay safe.
Friday, January 1, 2021
Happy New Year!
I first posted this on Thrive Global a few weeks ago. In the spirit of the New Year, I'm sharing it with you all.
It’s time to work on your happiness like it’s a full-time job. 2020 has challenged everyone and 2021 may not be much better. You’ve made it this far so now it’s time to reclaim your power at work with these five tips.
- Worklife balance is a myth. Whether you’re working from home or actually going to a work site, there’s no such thing as work life balance and there never has been. It’s impossible to devote your full attention to work and family at the same time — something will suffer. As time management guru David Allen explained, you can do anything you want, you just can’t do everything you want. Learn how to say no to anything that isn’t absolutely necessary. For me, if it’s not a hell yes, then it’s a hell no. Unless you can’t say “no,” use your non-work time to do something that brings you joy and sustains you. Find a passion project. When you focus on life balance, your work life will improve.
- Change your thoughts and change your life. Do you focus on everything that’s happened to you? Why not reframe that to believe that everything happens for you? What are the lessons that you can learn from the curveballs that life has thrown at you? A job loss could be your impetus to start your own business or go back to school. An abusive boss may be what you need to get out of your comfort zone and look for another job. Changing your mindset will help you at home and at work because you’ll get much less frustrated over things you can’t control. You’ll soon be the go-to person because you’ve shown that you can be flexible and you’re able to pivot. Resilience and grit are key currencies in the workplace, particularly in the age of COVID.
- Forgive no matter what. Before you stop reading, I didn’t say that you have to forget. Anger and resentment impacts everyone in your life and it can affect your health. You’re either complaining to your colleagues about your family or complaining to your family about your colleagues. Don’t demand an apology and don’t dwell on the fact that you’re “right.” Forgive without conditions and treat everyone as though they only have 24 hours to live. Forgiveness is a gift, not to the other person but to yourself. Once you forgive someone, they no longer have power over you because they no longer take up space in your head or your heart. You don’t even have to tell the person you’ve forgiven them, but it helps. Acknowledge any role you’ve played in the issue, apologize, and then forgive. Even if you don’t want to be magnanimous, just think of how much you’ll upset the power dynamic with the person who hurt you if you make it clear that you’re no longer angry with them. Remember, the opposite of hate isn’t love, it’s indifference. No matter what they’ve done, let it go and set yourself free. You’ll be much lighter and a much more pleasant person to be around.
- Words have power. We’ve all heard about the power of affirmations and gratitude. I wake up in the morning and journal about what I’m grateful for, even if what I want hasn’t happened yet. I’m specific and I write in the present tense. I see, feel, smell, taste and hear what I would experience if what I wanted was true. Sooner or later, some variation of what I journaled or something better comes to pass. When you dream big, you achieve big. Think of that job or promotion as though it were already yours. But words are equally powerful when you speak negatively. Do you say, “I always get sick,” “the boss will never promote me,” or “I hate my job”? Think about what you say to yourself and how that corresponds to where you are in your life. I’ve literally gone to the hospital within days of telling someone they were going to cause me to have a heart attack or stroke. Twice.
- Have your FU fund and make sure people know about it. This is my most important tip. Never let your employer think you need the job. Know your value and then add tax to it. When you have a “forget you” fund, you’re not tied to either a job or a relationship for financial reasons. This affects how people treat you because they know that you can leave without a second thought if you see something unethical, get passed over for a promotion, or don’t get the respect you deserve. When I was in corporate America, I had saved enough to live for two years without working. My boss knew it and so did the board of directors. But let’s be honest, some of us are struggling just to pay the bills. In that case, start thinking of your side hustle. What skills are in demand? What kinds of certifications can you take online? How many other languages do you know? Are you using LinkedIn or Clubhouse to make meaningful contacts? If you have time for Facebook, TikTok, Instagram, and Netflix, you have time to learn something new so that you can level up your skills and be ready for any opportunities that open up either in your current workplace or someplace else.
Old habits are hard to break. If you’re a people pleaser, think self-care is selfish, have limiting beliefs, or have resentments that you can’t let go of, some of these tips may seem out of reach. If so, find an accountability partner and just pick one or two to work on. It will change your life. Don’t just survive 2021. Thrive.
If this woo woo stuff appeals to you, feel free to follow me on Instagram at @illuminatingwisdom or check me out on my website.
Finally, I hope to "see" some of you at AALS on January 8 at 1:15 EST at the Section on Socio-Economics, Co-Sponsored by Business Associations, Minority Groups and Securities Regulation: For Whose Benefit Public Corporations? Perspectives on Shareholder and Stakeholder Primacy. Join me and co-bloggers Joshua Fershee and Stefan Padfield, along with:
- Robert Ashford, Professor of Law, Syracuse University College of Law
- Lucian Arye Bebchuk, James Barr Ames Professor of Law, Economics, and Finance and Director, Program on Corporate Governance Harvard Law School
- Margaret M. Blair, Milton R. Underwood Chair in Free Enterprise; Professor of Law,Vanderbilt University Law School
- June Rose Carbone, Robina Chair in Law, Science and Tech, University of Minnesota Law School
- Sergio Alberto Gramitto Ricci,Cornell Law School
- Michael P. Malloy, Distinguished Professor of LawUniversity of the Pacific, McGeorge School of Law
- Edward L. Rubin, University Professor of Law and Political ScienceVanderbilt University Law School
- George B. Shepherd, Emory University School of Law
Stefan is giving us 8 minutes each, so there's no way you can get bored. See you there!
Sunday, August 2, 2020
(A bit of the harvest picked from my parent's garden in north Georgia yesterday)
Last Thursday my neighborhood book club discussed work by poet David Whyte. This book club has been especially life-giving during the pandemic. I have deep admiration for every member of the group and always learn from our meetings. In March and April, we briefly moved to Zoom, but were unable to capture the same energy. We then decided to meet in person, bringing chairs to a member’s spacious driveway that backs up to common green space.
The work we discussed last week was not actually a book, but rather a few hours of David Whyte’s musings, only available in audio form. Much of the talk involves Whyte reading poetry – primarily his own, Rainer Maria Rilke’s and Mary Oliver’s – and relating that poetry to questions many of us ponder in midlife.
While I can’t locate the exact quote in the long recording, Whyte used a harvesting metaphor effectively. Whyte suggests that if we don’t slow down to be present for the harvest times in our lives, the fruit will rot on the vine. He reminds us, for example, that our child will only be five years old for a relatively short season. By being present for the harvest, I think Whyte means celebrate (among other things).
The practice of law, at least as it appears to be carried out by most major firms, leaves precious little time for celebration. In fact, during my handful of years at two major law firms, I can only recall a single occasion of truly pausing to celebrate the harvest.
This occasion involved a closing dinner. A celebratory dinner after closing a deal to buy or sell a company is relatively common in M&A practice. In my somewhat limited experience, however, law firms often organized these dinners to impress clients and tee up future deals. Networking, not savoring, is the focus. Often only the partners and clients attend closing dinners. The associates (or at least the junior associates) are usually back in the office working on the next matter.
This dinner was different. King & Spalding partner Russ Richards had just closed two relatively large deals in the same week with the assistance of same four associate attorneys. While the hours had been grueling, even by BigLaw standards, I didn’t expect to be invited to a closing dinner. Surprisingly, Russ not only invited the other three associates and me, but also encouraged us to bring a dates. Moreover, this was not a dinner to impress the clients; no clients were invited. We did not spend much time, if any, setting up future deals. We just celebrated work well done with wonderful wine, food, and company.
If there were more of this sort of unadulterated celebration of the harvest in BigLaw, I imagine the turnover would be much lower. And maybe one of the reasons Russ Richards excelled in a 45+ year career with the same firm is because he created moments of celebration and reflection like these. As I have argued before, I think one of the ways to make BigLaw more humane is to work in some time for celebration and rejuvenation, perhaps in the form of sabbaticals. A formal promotion to “senior associate” around the four-year mark, followed by a brief sabbatical (even as short as one month) would do wonders for the profession. Even longer sabbaticals, perhaps tied to a project improving the community, could be worthwhile as well.
Of course life is not, and probably should not be, constant celebration. To stretch Whyte’s metaphor further—as anyone who has tried their hand at farming knows—fruit that is the product of a season of sweat tastes sweeter than fruit obtained from a grocery deliver service. The gritty, difficult, back-spasm-inducing times are an important part of the process. That said, especially for those of us bent more in the direction of overwork, making some space to celebrate the harvest is essential.
Finally, and importantly, we should make a point to notice and celebrate the achievements of others. Whyte seems to focus on being present for the fruition of our own work, but I am convinced that pausing to celebrate the accomplishments of others can be even more worthwhile.
Sunday, July 12, 2020
A few months ago, I mentioned taking the free Yale University online course The Science of Well Being taught by Professor Laurie Santos.
Before jumping into the substance of the course, I wanted to talk a bit about the format. The course was likely filmed with better equipment than most of us will have in the fall. The videos were mostly under 15 minutes each, and the videos usually had quiz questions to keep you engaged. Then there were longer quizzes at the end of sections and discussion boards.
Even though this was a Yale course, on an interesting subject, with a gifted professor, I probably would not have paid even $1 for this course. The material was surely worth more than $1, but there is simply too much good free information online, in this format, for me to pay anything for it. This fact is sobering to me as a professor, given that at least some of my students will be online-only this fall. The real value, I think, springs from interaction – between professor and student, and between the students themselves. As such, I need to plan my courses with a fair bit of this interaction.
Moving to the substance, Professor Santos noted eight things that the science shows improves well-being:
- Social Interaction
- Meaningful Goals
Professor Santos' ReWi application helps you track these things.
Think all of us know that those eight things are good for us, even if we do not always prioritize them.
Most helpful for me was the discussion of savoring. Previously, I simply had not paused long enough to dwell on the many good things in life. In The Plague, Dr. Rieux and his friend Tarrou savor nature before swimming during a brief break fighting disease. Camus describes it as follows:
Once they were on the pier they saw the sea spread out before them, a gently heaving expanse of deep-piled velvet, supple and sleek as a creature of the wild. They sat down on a boulder facing the open. Slowly the waters rose and sank, and with their tranquil breathing sudden oily glints formed and flickered over the surface in a haze of broken lights. Before them the darkness stretched out into infinity. Rieux could feel under his hand the gnarled, weather-worn visage of the rocks, and a strange happiness possessed him. (256)
Pausing long enough to watch the sea and feel the rocks on his hand is what Professor Santos is talking about when she describes savoring. Think we could all benefit by stopping, noticing, and savoring more I am committed to doing so
(Photo taken savoring the scene at Bass Lake in Blowing Rock, North Carolina)
Sunday, April 19, 2020
In a reflection on the meaning of career success, a majority of my business ethics students mentioned happiness as a barometer.
“Happiness,” however, is an incredibly imprecise term. For example, here is over seventy-five minutes of Jennifer Frey (University of South Carolina, Philosophy) and Jonathan Masur (University of Chicago, Law) discussing happiness under two different definitions.
Frey, in the tradition of Aristotle and Aquinas, considers happiness not as a private good, but rather as the highest common good. Happiness is enjoyed in community. True happiness according to Frey, is bound up in the cultivation of virtue and human excellence. Under Frey’s definition, happiness makes room for sacrifice and suffering as beautiful and awe-inspiring.
Masur, a self-described hedonist, seems to have a more psychological, subjective view of happiness. Masur defines happiness as positive feelings, and unhappiness as negative feelings. Masur acknowledges that happiness--maybe even the deepest happiness--can arise from relationships and altruistic behavior. Unlike Frey, however, Masur includes positive feelings that are artificially produced or arising from unvirtuous behavior as part of “happiness.” Masur sees happiness and living a good, moral life as often overlapping, but as not necessarily intertwined.
These are two different conceptions of happiness. I think we need seperate words for the different conceptions--perhaps joy and pleasure--though I do not think any two English words fully capture the differences.
Somewhat relatedly, this month, my neighborhood book club is reading Aldous Huxley’s Brave New World. Throughout the book, Huxley explores a future devoted to pleasure. In this world, a drug called soma, a sport called obstacle golf, and touch-engaging films called the "feelies" combine to drown out negative emotions. While the elimination of virtually all infectious diseases seems enviable in this moment, there is very little I admire in the brave new world---it seems incredibly shallow. Some of Aristotle’s virtues are largely missing. Courage, temperance, and liberality are only seen in the outcasts of this world. Self-denial and committed relationships are strongly discouraged.
Ross Douthat, in The New York Times, hits some similar notes below:
- In effect, both Huxley and [C. S.] Lewis looked at the utilitarian's paradise--a world where all material needs are met, pleasure is maximized, and pain is eliminated--and pointed out what we might be giving up to get there: the entire vertical dimension in human life, the quest for the sublime and the transcendent, for romance and honor, beauty and truth.
But even John Stuart Mill, the utilitarian, seemed to realize that there can be a depth to happiness that extends beyond pure pleasure. Mill wrote:
- It is better to be a human dissatisfied than a pig satisfied; better to be Socrates dissatisfied than a fool satisfied. And if the fool, or the pig, are of a different opinion, it is because they only know their own side of the question. The other party to the comparison knows both sides.
Near the conclusion of Brave New World, the Savage (John) has an illuminating verbal spat with the Controller Mustapha Mond:
- Savage: "But I like the inconveniences [of life.]"
- "We don't," said the Controller. "We prefer to do things comfortably."
- "But I don't want comfort. I want God, I want poetry, I want want freedom, I want goodness. I want sin."
- "In fact," said Mustapha Mond, "you're claiming the right to be unhappy."
- "All right then," said the Savage defiantly, "I am claiming the right to be unhappy."
The Savage meets a tragic end (in part because he gets cut off from supportive community and has not grasped the concept of forgiveness), but I am still more drawn to his life--of pain and love, desire and disappointment, art and decay, principle and struggle--than to a life plugged into the pleasure producing experience machine.
Even though Frey and Masur disagree on the breadth of the term “happiness,” both seem to agree that devoted relationships, selflessness, and self-transcendence often lead to durable, deep happiness. While many of my business ethics students did not define “happiness” in their reflections, I hope they increasingly realize the fulfillment that can come from cultivating virtue in the midst of difficulty.
Tuesday, March 31, 2020
The Social Enterprise Alliance (SEA) previously defined "social enterprise" as businesses that (1) Directly address social need; (2) Commercial activity [not donations] drives revenue; and (3) Common good is the primary purpose. SEA's definition has evolved to be more inclusive, now recognizing three different models based on -- (1) opportunity employment, (2) transformative products/services, or (3) donations. While the first definition could be criticized for being too narrow (Ben & Jerry's would not qualify because their product does not directly address a "social need"), SEA's new definition is likely too broad because it seems to cover all donating businesses.
Personally, I am most fond of social enterprises that produce products/services that lead directly to human flourishing.
For Lent, I gave up Facebook/Twitter/Instagram. While these products have their uses, on the whole they tend distract me from what is truly important. Perhaps social media has improved since the advent of Covid-19, and I admit to feeling somewhat out of the loop. But I also feel much more at peace, and may not return to those forms of social media after Easter, or, if I do, I hope it will be on a much more limited basis.
In contrast, Strava is one form of social media that has been a constant positive in my life. Strava, for those who don't know, is a free app to log all kinds of physical exercise. I credit Strava (and my friends on Strava) with keeping me accountable to exercise 4+ times a week for the past 4+ years. The community on Strava is unlike any social media I have seen or heard of elsewhere. People are relentlessly encouraging, and the focus is on fitness not controversy. Also, as a Strava friend recently posted -- "love Strava because it’s the only social media platform with almost 100% factually accurate information and statistics. (Besides minor GPS errors and the occasional ‘wrong activity type’)." Strava has truly created a product that likely improves the lives of nearly all of its users.
Anyway, no sponsorship for me for this post, but I do hope to see more readers on Strava!
Wednesday, March 25, 2020
I am taking a free online course from Coursera and Yale University on the Science of Well-Being. The course is taught by Professor Laurie Santos.
I may blog about the course at a later date. I am taking the course both for the content and for online teaching strategies.
Update (1/2/21): While I found some suggestions in this course helpful, I think philosopher Jennifer Frey makes a thoughtful critique of this course and the happiness hacking it promotes. In relevant part, Professor Frey writes:
"Happiness, pagan and Christian philosophers agreed, requires something more than technique or self-help; it requires the transformation of the person that comes with the acquisition of virtue: wisdom, prudence, justice, courage, and temperance. Wisdom gives us a clear vision of what is truly good, prudence allows us to deliberate well so as to attain and maintain that vision, justice to realize it in our actions, and courage and temperance to preserve it in the face of fears and temptations. Acquiring virtue is not about hacking oneself or engaging in other forms of self-manipulation; it is about the proper habituation of one’s thoughts, feelings, and desires so that one becomes existentially ready to seek what is truly good and beautiful. In this view, there is a truth about the human desire for happiness, which is that it can either be properly directed toward the possession of what is actually beautiful and good, or it can be improperly directed, remaining within the prison of the self and closed off from transcendence."
Wednesday, March 4, 2020
Last year, in a post about personal finance, I mentioned my friend Joey Elaskr, who is completing a PHD/MD program at Vanderbilt University. In late 2019, Joey qualified for the Olympic Trials at the Monumental Marathon in an impressive 2:18:57 (5:18 per mile for 26.2 miles). On February 29th this year, just a couple weeks after successfully defending his dissertation, he competed in the Olympic Trials in Atlanta. You can read a bit about Joey's running on Lets Run and on Money & Megabytes. While the tie to "business law" is admittedly stretched, I do think our readers can learn a good bit about juggling demanding responsibilities from Joey, and I am glad he agreed to answer a few questions below the break.
Monday, October 28, 2019
After spending the entire day grading undergraduate business law exams, I drove to my son’s elementary school for our first parent-teacher conference. On my wife’s advice, I mostly just listened. My legal and academic training have given me “a very particular set of skills” that I can use to construct and deconstruct arguments in a way some people find combative, so my wife's advice was probably wise.
The parent-teacher conference for our kindergarten-aged son went well. Most important to me, it was clear that our son’s teacher already appeared to love him and seemed committed to helping him develop. But I worry about what our education system may do to my son. Only two months into formal school, my sweet son, who has been in speech therapy since age two, is already receiving grades. Granted, the grades are pretty soft at this point – 3 for mastery, 2 for on track to complete this year, 1 for behind schedule. I hope he will not get overly discouraged. I also know he will not receive nearly as much affirmation in school for his impressive, budding artistic skills as he would for a photographic memory.
This parent-teacher conference, coupled with a handful of especially weak student exams, prompted a lot of thoughts about grading over the past few days.
As a parent, and increasingly as a professor, I am becoming convinced that we (as a society) over-focus on grades and our grades largely miss what is truly important. As a parent, I feel a good deal of responsibility for the development of my children, and as a professor, I obviously think education is an important part of human development. But before my oldest son started kindergarten this August, I wrote down some of the traits I hope my children will develop before they leave our home. In alphabetic order, they include:
While it is tempting to fixate on quantifiable things, like grades, I am attempting to model, praise, and teach the character traits above. And sometimes “failure” will develop these character traits better than “success.” I am seeing this in my son. He has already struggled more academically than I did in my entire educational experience, but, perhaps because of this, he is already significantly ahead of me in compassion and kindness.
As educators, if we are wed to giving grades, why do we only grade such a narrow set of skills? (For a debate in The Chronicle of Higher Education on the usefulness of grades, see here: useful and not useful.) For example, why do we often regulate athletic, artistic, and communication-based courses to pass/fail or effort-based grades, but mark academic work with such relative precision? (One theory is that teachers and administrators are generally naturally gifted in academic pursuits, but are generally not as gifted in athletic, artistic and communication-based areas.) In middle school, for physical education class, we were graded, in part, on our 1-mile time. If I remember correctly, under 6:00 was a 100% and you failed if you ran over 12:00. While it was only maybe 10% of our overall PE grade, I can’t imagine that many schools do that these days. And I understand the arguments against doing so – namely, some students have a significant genetic advantage over other students in endurance running. That said, the same can be said for test-taking. For most students, both endurance running and test-taking can be improved, but some students face much higher hurdles than others.
All of this thinking about grading has not led me to any definite conclusions yet, but I welcome thoughts in the comments. And, in coming semesters, I may try to diversify my grading even more, to capture more skills and to challenge a wider range of students. (The students who are most harmed by our current system may actually be the straight-A students who find tests easy, but who never or rarely face assessment in their naturally weaker areas). I already include a group project and participation as parts of the grade in most of my classes, but I could probably expand this to a higher percentage of the overall grade. That said, I also think that grades should reflect the level of proficiency obtained, so I think substantive knowledge will and should remain important.
Monday, August 12, 2019
In college, I majored in business administration with a concentration in finance, but I learned next to nothing about personal finance. Thankfully, my father provided some advice, and I did a bit of reading on the subject before I graduated law school. But I am still learning, and have dug deeper this summer.
More universities should instruct their students on matters of personal finance. As I mentioned a few months ago, I spoke on personal finance for a group of students at my university last school year, and I hope to bring Joey Elsakr to speak at my university this school year. Joey is a graduate student and is the co-founder of the blog Money and Megabytes.
Last week, Joey graciously invited me to guest post on his blog. As I mention in the post, I don’t think I have that much to add to his many useful and detailed posts on personal finance, but I do think personal finance gets a lot more difficult after you have a family (namely because there are so many more non-financial factors to weigh in most financial decisions). I pose some of those difficult questions in the linked post below, and I welcome any thoughts on those questions from our readers.
Friday, July 12, 2019
This picture brings me joy. It captures the mood among all of us (me, my UT Law emeritus colleague John Sobieski, and a group of UT Law students) after my last UT Law yoga session this past spring. I need to begin to wrestle with how I will be able to teach yoga at the College of Law this coming semester, since I will be full-time back in the classroom teaching two demanding business law courses (Business Associations and Corporate Finance). All ideas are welcomed . . . .
My law school yoga teaching came to mind this week not because I am already deep into planning the fall semester (although that comes soon) but because of two independent health/wellness items that hit my radar screen this week. First, I was reminded that the Knoxville Bar Association (of which I am a member) is offering a full-day continuing legal education program in September entitled "Balancing the Scales of Work and Wellness - Finding Joy through Self-Care Practical Advice & Wellness Strategies". Second, I learned today that my UT Law colleague Paula Schaefer penned a nifty post yesterday on the Best Practices for Legal Education blog: Examples of How Law Schools are Addressing Law Student Well-Being. She mentions yoga, although not our UT Law classes. It seemed that I was being focused on self-care, and that made me think about our UT Law yoga sessions (and the above picture) . . . .
All of this reminded me that I should recommit myself to my goal of learning more about mental health issues and promoting mental health awareness this year. Health and wellness are far more than physical. They are emotional and psychological. I may just try to attend the Knoxville Bar Association program (or part of it). And I plan to be attentive to the ideas mentioned by Paula in her blog post.
Enjoy the weekend!
Sunday, June 16, 2019
One student, more than any other in the scandal, has been in the media’s crosshairs: Olivia Jade Giannulli. Olivia Jade - a social media influencer (whatever that means) - seems to be getting so much attention because of her famous parents (actress Lori Loughlin and fashion designer Mossimo Giannulli), and because of some unfortunate comments she made about college on YouTube. Olivia Jade said: "I don't know how much of school I'm going to attend but I'm going to go in and talk to my deans and everyone and hope I can try and balance it all. But I do want the experience of game day and partying, I don't really care about school. As you guys all know. " I don’t know much about Olivia Jade, but she comes across as spoiled, arrogant, selfish, entitled, obnoxious, and lacking self-awareness. In many ways, I hope my children and my students grow up to be her opposite.
In contrast, three runners who I have met at the Music City Distance Carnival (“MCDC”) track meet over the past few years embody character traits that I hope my children and students develop. These traits include toughness, self-discipline, humility, and perseverance.
First is Gabe Grunewald. Gabe passed away earlier this week, after four bouts with cancer. She ran the 1500m at MCDC 2017, just days after a round of chemo. Gabe was tenacious, but also immediately likable, kind, and selfless. Much of her massive, worldwide impact, stemmed from the positivity and resolve with which she faced her grim diagnosis. Her sponsor, Brooks Running, made this moving documentary that features some of her last races and shows the depth of her relationships. After her death, running clubs across the country gathered to run in her honor, and many pro runners featured #bravelikegabe on their race bibs. Gabe’s foundation still funds research to find cures for rare cancers.
Second, 50-year old, former Irish Olympian Shane Healy is still training and racing hard. At MCDC two weeks ago, Share broke the 50-54 year old world record in the mile (4:22), but he actually came in second to 53 year old Brad Barton who also broke the record in 4:19. I spoke to Shane the day after his race. He was gracious and thoughtful despite not claiming the record he flew across the Atlantic Ocean to secure. Shane's childhood (including time in an orphanage) and his adolescence (being bullied and facing financial difficulties) was rough, but seem to have helped build his resilience. He is currently in much better shape than the vast majority of people half his age, and is fiercely competitive, but I also sensed a kindness in him that is usually only found in people who have known deep pain.
Third, Heather (Dorniden) Kampf is probably best known for her college 600m race where she fell, but got up and willed herself to the win. (The 600m is almost a sprint, so this is incredibly impressive). Heather, now known as “the queen of the road mile,” has had a good bit of success, but has finished 7th and 15th in the U.S. Olympic Trials, failing to make the team. She has battled through injuries and even penned an article titled Embracing the Struggle. I talked with Heather briefly at MCDC, and I could quickly tell that she has benefited from not being handed success. She is putting in the work to continue to improve.
These runners are admirable, interesting, likable, and influential, in large part, because of their struggles, because of the way they faced adversity. Yet, the parents in the college admissions scandal, and "lawn mower parents" everywhere, seek to remove all adversity from the lives of their children. Professors now give more "As" than any other grade and the percentage of the top mark appears to be continually on the rise, even though I bet most professors would opine that the quality of student work product is declining overall. As a father of three young children and as a professor, I understand the urge to smooth the path--it is extremely difficult to watch people you care about struggle. Of course, there are times when we should step in and protect, but rather than shielding our children and students from all adversity, I believe we should teach them to deal with the inevitable struggles of life with integrity, humility, determination, and selflessness. As for Olivia Jade, I truly hope she takes her current adversity and uses it as a tool to shape positive character traits.
Wednesday, May 29, 2019
Joey Elsakr, a PHD/MD student at Vanderbilt University, has teamed up with his roommate for a blog called Money & Megabytes. The blog covers personal finance and technology topics, which I think may be of interest to many of our readers and their students.
Last year, convinced that students need more guidance on personal finance, I gave a talk at Belmont University on the topic. Given the very limited advertising of the talk, I was surprised by the strong turnout. The students were quite engaged, and some simple personal finance topics seemed to be news to many of them. I plan on asking Joey to join me in giving a similar talk next year.
One post that I would like to draw our readers' attention to is Joey's recent post on his monthly income/expenses. You can read the entire post here, but here are a few takeaways:
- Know Where Your Money Goes. How many students (or professors!) actually have a firm grasp on where they are spending money? While creating a spreadsheet like Joey's could be time consuming, the information gained can be really helpful (and just recording the information -- down to your nail clippers purchase! -- probably makes you more careful). Bank of America users can create something similar, very quickly, using their free My Portfolio tab.
- Power of Roommates: Many of my students complain of the high rent prices in Nashville. Some have even said "it is impossible to find a decent place for under $1000/mo." Joey pays $600/mo, in a prime location near Vanderbilt, in a nice building, because he has two roommates. Also, because he has roommates, Joey only pays a third of the typical utilities. Now, if you have the wrong roommates, this could be problematic, but having roommates not only helps save you money but also helps work those dispute resolution skills.
- Charitable Giving. I am inspired that Joey, a grad student, devotes a sizable portion of his income to charitable giving. Great example for all of us.
- Multiple Forms of Income. Even though Joey is a dual-degree graduate student at Vanderbilt and training to make the Olympic Trials in the Marathon -- he ran collegiately at Duke University -- Joey has at least four different streams of income. Other than his graduate stipend, his other three streams of income appear to be very flexible, which is probably necessary given his schedule. This income may seem pretty minor, but it adds up over the year, and it gives him less time to spend money.
- Food Budget. This is an area where I think a lot of students and professors could save a good bit of money. My wife and I have started tracking our expenses more closely and the food category is the one where we have made the most savings -- thank you ALDI's. A lot of the food expenses are mindless purchases---for me, coffee and snacks from the Corner Court near my office---and those expenses add up quickly over the month.
Follow Joey's blog. Even though I consider myself fairly well-versed on personal finance topics, Joey recently convinced me that a savings account is the wrong place to house my emergency fund. And I agree with Joey's post here -- paying attention to personal finance can actually be a fun challenge. Joey's blog also introduced me to The Frugal Professor, though I am not sure I am ready to take the cell phone plunge quite yet.
Monday, March 25, 2019
Colleen's post yesterday--and more specifically the last interview questions she asked ("[H]ow can power yoga be particularly helpful for professors or students?“)--inspired me to write about some work that I have recently done in studying the benefits of mindfulness to lawyers and in lawyering, and more specifically in business lawyering. Colleen's entrepreneur yogi noted the obvious benefits of power yoga to physical health. But she also noted what she termed "clarity of mind." More specifically, she said: "I practice yoga to allow time away from devices and work emails, which in turn creates some distance to clear my mind and create clarity in how I want to interact with my environment."
I do, too. And I have noticed that it makes a difference in the way I interact with people. I am not alone.
I recently was challenged by my friends at the Tennessee Bar Association to present an hour of continuing legal education on mindfulness, reflecting on some of what I learned in my yoga instructor training last year and linking it to law practice. Three of the eight limbs of yoga--asana (poses), pranayama (breath control), and dhyana (object-focused meditation)--are traditional mindfulness practices that I studied in that training program. Of course, there are many more mindfulness practices in which one may engage.
So, if yoga and other mindfulness practices offer clarity of mind, why? What's the secret? And how might mindfulness practices practices affect business lawyers and their work? I will start by offering a brief definition of mindfulness.
Mindfulness, which is defined here as "the self-regulation of attention with an attitude of curiosity, openness, and acceptance,” involves a focused state of mind that screens out life's distractions and allows one to observe one's sense of being in the here-and-now. We can practice mindfulness in many everyday situations: speaking and listening, cooking, reading, crafting, etc. Mindfulness trainers have examples and exercises that they employ to illustrate some of these mindfulness practices. We also can practice mindfulness through yoga poses, breath work, and meditation. I showed the Tennessee Bar Association audience some chair yoga, a breathing technique, and positioning for a chair-seated meditation--mindfulness practices that folks can do at their desks in an office setting or at home.
Of course, a clear mind should enable more fluid decision-making in the problem-solving that business lawyers do day-in and day-out. Overall, communication and drafting should be easier--more efficient and effective. But there's more.
A 2014 article in Time reported that “scientists have been able to prove that meditation and rigorous mindfulness training can lower cortisol levels and blood pressure, increase immune response and possibly even affect gene expression. Scientific study is also showing that meditation can have an impact on the structure of the brain itself.” In fact, neuroscientists have found (see here) that mindfulness may better enable the brain's gray matter in the frontal cortex to control decision-making rather that allowing the amygdala (the fight-or-flight part of the brain) to control decision-making.
This means that mindfulness practice--including yoga--can impact business law practice by conditioning lawyers to "hit the pause button" and rationally think through contested matters. As a result, tmindfulness practice has the capacity to reduce professional stress and enhance civility and collegiality. (See Jan Jacobowitz's take on this for the American Bare Association.) I have seen a lot of lawyers--in practice and in the law academy--whose anger is hair-triggered by stressful situations (especially negotiations or disagreements on process that generate frustration--more on that below). It seems that scientists have begun to establish that yoga and other mindfulness practice (meditation seems to be the most-studied practice) can help us keep our cool in those situations.
I know that when I am over-caff'ed or over-tired, I am more assertive, more easily angered, and less able to take into account the whole of a situation in approaching requests, responses, negotiations, and other communications. I also know that if I have just engaged in a focused yoga practice (that's me holding a Warrior II--Virabhadrasana II--pose, with a prop, in the photo above), I am more careful and considerate of others in engaging in those same communications. Overall, my mind seems less burdened, less cluttered, more able to sort the important from the unimportant. Business lawyers--and especially transitional business lawyers--cannot afford to squander relationships with clients, colleagues, and opposing counsel (not to mention an opposing counsel's client!) by over-reacting or responding to queries in anger or frustration.
A personal business law story seems appropriate at this juncture. In practice, I once participated in an unexpectedly hostile transaction negotiation session in which a mindful colleague was confronted by an over-stressed opposing counsel. He leaned across the conference room table in an angry manner, with a reddened face and an imposing physical attitude, yelling about open deal items. A representative of the lawyer's client soon called him off (and took him aside privately outside the room for a bit). I have always been proud that the opposing counsel's client hired my colleague and me to represent it on a subsequent transaction. The client representative who had been present at that ugly meeting called my colleague personally and asked if she and I would work with the firm on that later transaction.
My friend and Colorado Law professor Peter Huang published a piece in the Houston Law Review about two years ago that expands on much of what I have written here--and more. The article, entitled "Can Practicing Mindfulness Improve Lawyer Decision-Making, Ethics, and Leadership?," includes information from a fascinating array of sources and, like Peter's work generally, is very readable (even if long). Peter is an economist and a lawyer. He teaches business law. In the article, he notes that "Mindfulness is now a part of business and finance, yet is not part of business law." He's right about that. But we have the power to make it so, if we believe that mindfulness is important to business law. In concluding, Peter offers us the link: "Practicing mindfulness offers lawyers an empirically-validated, potentially sustainable process to improve their decision-making, ethical behavior, and leadership. Doing so can improve the lives of lawyers, their clients, and the public."
So be it. A good note on which to end.
[Editorial note: Footnotes have been omitted from the quotes to Peter Huang's article. Check out the original for cited sources.]
Monday, February 11, 2019
A bit over three years ago, I publicly noted in this space that I am an active yoga practitioner. In a post on "Mindfulness and Legal Drafting for Business Lawyers (A Yoga Analogy)," I wrote about common touchpoints in an asana practice (what many folks just call "yoga") and contract drafting, sharing thoughts that had first come to me after a yoga class one weekend. In my three-part 2017 series of "Traveling Business Law Prof" posts on packing for business travel, I also mentioned my asana practice here and here.
Today, I set out to start posting a bit more on the intersections of yoga and business law teaching and practice. I will have help from BLPB co-blogger Colleen Baker, a fellow yogi. In fact, it is Colleen who has spurred this on. We have shared a bunch of ideas on things to write about.
I begin with the news that I now am a Registered Yoga Teacher with a 200-hour certification. I set out to achieve that goal about 18 months ago, after a discussion (at the wedding of a former student) with the life partner of a UT Law alum who is about 30 years my junior. She got me really excited about the prospect by mentioning an upcoming training program that she had investigated. We became Facebook friends, and the rest is, as they say, history. That's us in the picture above, on on graduation day. (Please don't criticize the form! My arms should be perpendicular to the floor. We were having fun goofing around after passing our exams, as you can see from my attention to the camera!)
My desire to complete a teacher training program was borne in part from a desire to deepen my practice. But the core impetus came from wanting to share yoga practice with others--in particular, my faculty and staff colleagues and students at UT Law. The benefits I get from my yoga practice are substantial. They include participation in a more active lifestyle, self care, stress management and relief, increased focus, and other things that I know are useful to those who inhabit law schools. Of course, I understood that I could share my yoga practice with others without the teacher certification. However, I knew that my credibility--with my Dean and others--would be greater with the 11 months of training capped off by a written and practical exam.
Somewhat less than three weeks ago, with permission from my Dean, I started leading a regular early Friday morning yoga practice at UT Law for faculty, staff, and students. I lead the sessions free of charge. We have had three sessions so far. I move some furniture around to create space for our regular sessions in a common area of the law school. I also plan to lead some pop-up sessions from time to time (perhaps in other areas of the law school building or even outside once the weather improves) to reach folks who cannot make the early Friday classes. My focus so far has been slow, controlled, thoughtful movement through basic poses (asanas) and breath work (pranayama)--two of the eight limbs of yoga.
I am far from the first person to engage folks in yoga practice in a law school setting. I read with interest this article from several years ago on yoga instruction at my law alma mater (and how yoga practice can help develop professional skills). A quick Google search reveals yoga recently being offered at Chicago and Columbia and having been offered in the past at Harvard and Marquette. I sense there is more out there . . . . I am sure that Colleen and Haskell have information about yoga in the business school setting, too. I know our campus offers a Yoga Fest in the fall. And I will be teaching two free classes to campus faculty at the request of the Faculty Senate over the next month.
In future posts, Colleen and I hope to cover other topics near and dear to business law profs and our friends, including potentially posts focusing on yoga and lawyers, lawyering, legal analysis, law firms, business, teaching, mental health, and injury prevention. (What am I missing from our conversation, Colleen?) Readers should feel free to share their interests and add to the list.
Monday, January 28, 2019
Back in November, my sister invited me to join her for the second time for a three-day break at Miraval, a resort in Tucson, Arizona. I accepted her invitation with the understanding that I needed to recharge a bit after a rough 2018. A visit to Miraval, I thought, would be a great way to do that and jumpstart my research this spring. I signed on. Then, my sister had to back out on the trip late-in-the-game for professional reasons. My dilemma: to cancel/reschedule the trip . . . or just go by myself? I decided to go anyway.
Miraval's distinctive claim to fame as a resort is mindfulness. Among other things, it promotes "Life in Balance." Mindfulness has been a hot topic for the legal profession, law schools (see, e.g., the University of Miami's Mindfulness in Law Program), and the American Bar Association (the "ABA") in recent years. Among other things, mindfulness may help attorneys process difficult situations in a healthier manner, acting as an antidote (in some circumstances) for lawyer mental health issues I wrote about a few weeks ago. (See also Marcia Narine Weldon's follow-on post.) Berkeley Law has published a helpful reading list here.
In an excerpt from an article originally published in the ABA's Litigation magazine, Jan L. Jacobowitz writes:
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.
In that same excerpt, Jacobowitz describes mindfulness.
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.
Hmm. Too "woo-woo" for you? Join the many lawyers who feel that way. (Jacobowitz refers to lawyers in this connection as "by nature are a skeptical group.") I once was one of those skeptics.
But I am now among the converted, having begin to practice mindfulness in a number of its manifestations. I am especially fond of mindfulness though movement, especially through yoga asana and pranayama practices.
With that in mind, as I rejuvenate myself, I am gathering intelligence to take with me. I plan to bring elements of Miraval's mindfulness/life in balance ethos back to my yoga teaching at The University of Tennessee College of Law. (I started teaching a regular class to faculty, staff, and students last Friday morning. I will have more to say on that yoga teaching experience in later posts.) After just a half day at Miraval, I already have information and ideas . . . . Wish me luck in this endeavor! And offer tips if you have any.
Saturday, January 5, 2019
It's the start of a new year and a new semester. As Joan wrote earlier this week, we need to step back and take stock of our mental health. I'm the happiest lawyer I know and have been since I graduated from law school in 1992, but many lawyers and students aren't so lucky. In fact, I probably spend 25-35% of my time on campus calming students down. Some have normal anxiety that fades as they gain more confidence. I often recommend that those students read Grit or at least listen to the Ted talk. Others tell me (without my asking) about addictions, clinical depression, and other information that I should not know about. I know enough to refer to them to help. Closer to home, my 22-year old son has lost several friends to suicide. Many of those friends went to the best high schools and colleges in the country and seemed to have bright futures. And as we know, the suicide rate for lawyers is climbing.
Thankfully, the American Bar Association has gathered a number of resources for law students here. Practicing lawyers can find valuable tools for lawyer well-being here and a podcast for lawyers in recovery here. Law students can access their own ABA wellness podcast here. To help keep my energy high, I listen to a lot of podcasts of all types. I’ve found that listening to wellness podcasts, meditating, and exercising instead of watching the news has had a dramatic impact on my health. I know for a fact that the wellness stuff works. Due to significant stressors as a caretaker, my blood pressure spiked to a clinically dangerous level last week. This week, with mindfulness exercises and other wellness activities, I was able to lower it to normal levels without my new medication having kicked in yet. This is a big deal for me because despite my professional happiness, I’ve been hospitalized twice in 14 months for medical conditions exacerbated by stress. Being calm and stress free is literally a matter of life and death for me. Some of the podcasts I listen to are probably too “woo woo” to post for this audience but if you’re interested, you can email me privately at firstname.lastname@example.org. I’ll keep your secret.
Mainstream lawyer/business wellness podcasts include:
The Happy Lawyer Project (“The Happy Lawyer Project is an inspirational podcast for young lawyers looking to find happiness in life with a law degree. Each episode provides you with the tips, advice, encouragement and inspiration you need to craft a life and career you love.")
The Resilient Lawyer (“Practical and actionable information you can use to be a better lawyer. The Resilient Lawyer podcast is inspired by those in the legal profession living with authenticity and courage. Each week, we share tools and strategies for finding more balance, joy, and satisfaction in your professional and personal life! You'll meet lawyers, entrepreneurs, mentors and teachers successfully bridging the gap between their personal and professional lives, connecting the dots between their mental, emotional, physical and spiritual selves.”)
Happy Lawyer, Happy Life ("A knowledge centre for lawyers who want to make the best of their life in and outside of the law.")
The Tim Ferris Show (“Each episode, I deconstruct world-class performers from eclectic areas (investing, sports, business, art, etc.) to extract the tactics, tools, and routines you can use. This includes favorite books, morning routines, exercise habits, time-management tricks, and much more.”)
The Mindful Lawyer (it's no longer running, but my colleague Scott Rogers pioneered the field and these are short tracks.)
Dina Cataldo Soul Roadmap (“So, you’re a lawyer who doesn’t have it all figured out? Design the life you deserve. Stop killing yourself to achieve success and redefine it instead.”)
You may need more than a podcast to get you through whatever you're going through right now. If you, a student, a colleague, or family member needs immediate help, please get it. I’ve cut and pasted the resources below from our law school’s web page for students.
Key National Referral Services
Chemical Dependency and Self-Help Sites
Addition Recovery Resources for Professionals, 540-815-4214
Alcoholics Anonymous (AA), 212-870-3400
American Medical Association, 800-621-8335
Center for Substance Abuse Treatment (CSAT), 240-276-1660
Cocaine Anonymous (CA), 310-559-5833
CODA Drug Abuse Hotlines, 1-877-446-9087
Crystal Meth Anonymous (CMA), 213-488-4455
Dual Recovery Anonymous (DRA), 913-991-2703
International Lawyers in A.A. (ILAA), 944-566-9040
Marijuana Anonymous (MA), 800-766-6779
Narcotics Anonymous (NA), 818-773-9999
National Clearinghouse for Alcohol and Drug Information(SAMHSA), 1-877-SAMHSA (726-4727)
National Institute on Drug Abuse (NIDA), 301-443-1124
Nicotine Anonymous (NA), 415-750-0328
Anorexia Nervosa & Associated (Eating) Disorders (ANAD), 630-577-1330
Overeaters Anonymous (OA), 505-891-2664
Adult Children of Alcoholics (ACOA), 562-595-7831
Nar-Anon Family Groups, 310-534-8188
Co-Dependents Anonymous (CODA), 888-444-2359
Co-Dependents of Sex Addicts (COSA), 763-537-6904
Mental Health Sites
Anxiety Disorders Association of America (ADAA), 240-485-1001
Journal of General Psychiatry (JAMA), 1-800-262-2350
Children and Adults with Attention Deficit/Hyperactivity Disorder(CHADD), 1-800-233-4050
Depression and Bipolor Support Alliance (DBSA), 800-826-3632
Lawyers with Depression
National Alliance on Mental Illness (NAMI), 800-950-6264
National Institute of Mental Health (NIMH), 1-866-615-6464
National Mental Health Association (NMHA), 703-684-7722
Sexual Addiction and Compulsivity
I'm sure that I've missed a number of resources. I just finished attending a wellness tea brunch at a French patisserie with fresh baked goods and champagne so I'm incredibly relaxed (#selfcare). If you have more resources to add, please feel free to comment below. Let’s make this the best year yet for our students and for ourselves. If I can ever be an ear for anyone, I’m always available.
Friday, January 5, 2018
In 2017, I was 25 out of 34 (73.5%). (Yes, I set 34 resolutions; I may be crazy).
The biggest realization I had this year was that I struggled with resolutions that required daily/weekly tracking. A daily/weekly resolution has at least three issues: (1) if screw up once, you’ve blown the resolution for the year, (2) just tracking the resolution takes habit formation and daily/weekly time, and (3) creating a daily/weekly habit is generally difficult.
So, instead of a resolution to run 5x a week, I had better luck with an achievement goal like “run a mile under 5 minutes by the end of the year.” If the achievement goal was tough enough to require roughly 5x a week running then the achievement goal could get you to basically the same place as the weekly goal without the meticulous tracking requirement and with allowing occasional time off. The bigger achievement goals, however, may need to be broken into smaller steps.
My toughest resolution for 2018, and I “only” have 22 resolutions this year, will probably be “at least 15 minutes of quiet/reflection/prayer before any screens (computer, TV, phone, etc.)” I think I had to structure this one as a daily goal, as its importance is tied up in getting each day off to a good start. We will see how it goes - so far so go, but we are only 5 days deep in 2018. It is possible that I will not do this every day, but the “stick” is that I don’t get any internet use that day either.
Best of luck to all in 2018, whether you choose to make resolutions for the year or not.