Why Mindfulness Is Essential for Lawyers:
The Legal Profession Joins The Mindfulness Revolution
Lawyers position themselves on the front lines of personal, moral, ethical and cultural battles. Our work places us directly in the midst of conflict and hostility. We signed up for that, and we’re good at it. Some might say we excel on the battleground.
Yet, being a truly effective advocate requires great composure and clarity. How can we be passionate and aggressive, while remaining cool, calm and collected? And how can we do that, while protecting our own wellbeing and that of our clients, communities, and society?
One word: mindfulness.
From the Wall Street Journal, which featured Warrior One in a front page article way back in June of 2015, to Time Magazine to Scientific American to 60 Minutes, the mindfulness revolution is reaching every corner of society. Essential Mindfulness for Lawyers® (“EML“) is a simple, powerful training designed specifically for lawyers to access, and lead, that revolution – and in many states, get MCLE credits along the way.*
EML is an exploration of the legal mind. It’s training to use the mind as a laboratory, to understand whatever states of mind we find ourselves in, and then cultivate the most effective state of mind for the circumstance.
Despite how urgently lawyers need to know how to best employ our fine legal minds – how mindfulness training is in fact a fiduciary duty to have – many lawyers have not yet taken a training. Meanwhile our clients, spouses, friends, and even our kids, probably have.
Warrior One provides an opportunity for lawyers to study Essential Mindfulness for Lawyers with colleagues whose minds are trained in similar ways and who share basic insights into the legal mind. Lawyers who undertake EML training come to better understand how the legal mind works and how to cultivate states of mind that support and enhance effectiveness and wellbeing. They are more powerful than their un-mindful colleagues. They can more positively influence their cases, clients, colleagues, and community. And they can make better, more impactful decisions.
Legal Education & Training: An Un-Mindful Start
The lawyer’s brain, like all human brains, operates through two basic message centers. The lower, reptilian brain sends messages of danger and wellbeing. The upper, cognitive brain interprets those messages and adds reason and understanding.
In law school and practice, students and lawyers are trained to manage huge volumes of difficult work while being intensely competitive and critical, inside of a framework of persistent conflict and hostility. This training – essential to practicing law well – over-activates the lower brain, sending the following constant danger signals:
- “Handle more work than you possibly can, and do it all perfectly.”
- “Anything can blow up at any time. It’s your job to make sure it doesn’t.”
- “Always be right. Uncertainty is not an option.”
- “Everyone is your adversary.”
The training is like ringing a never-ending alarm. It sends insurmountable signals of danger and stress, and their attendant commands to fight, flee, freeze or collapse. It incites anger and triggers frustration.
It also overpowers the upper brain, obscuring reason, thoughtfulness, discernment and other paths to effective lawyering and fundamental wellbeing. It discourages open-mindedness and creativity. It explains why so many lawyers are unhappy.
Mindfulness: Smarter, Saner Practice
The good news is that the lawyer’s mind, like all human minds, is trainable. Neuroscience has confirmed that the mind remains plastic and malleable throughout life. It also indicates that one of the most effective tools for training the mind is mindfulness.
Scientific research on the effects of mindfulness has increased exponentially over the last five years, and continues to do that. Studies on the effects of mindfulness on the brain show the following results, so far:
- Increases in gray matter in regions of the brain involved in learning, emotion regulation, and perspective-taking
- Enhanced coping with rapid-fire signals from the lower, reptilian brain
- Greater capacities to approach rather than withdraw from challenge
- Better focus & attention
- Less anxiety
- Greater control over anger, frustration and rage
- Greater happiness
A stressed, reactive, unhappy lawyer is someone whose brain has been in fight/flight/freeze/collapse mode for a very long time. His lower, danger-alert brain is overpowering his upper, thoughtful, discerning brain. He may be brilliant and diligent but have little idea how to ground his powerful advocacy in wisdom and compassion.
EML cultivates those and other important qualities like empathy, reduced reactivity, and more fluid, healthy relationships even with very difficult people. It increases resilience, reduces stress, and helps lawyers make better choices.
Even though mindful lawyers still work in an environment of conflict and hostility, they are happier, more stable, and more effective. EML-trained lawyers report that mindfulness is a 180-degree shift, an essential and obviously needed addition to the lawyer’s toolbox, and an important element of good legal training.
If you agree, or even if you’re just curious, please get in touch, or take one of our courses. Let us tell you, or showyou, how you can make mindfulness one of your core skills, and how you and your firm can join the mindfulness revolution.
*MCLE credits are available to California lawyers for all EML programs and are often available to lawyers in other states as well. For information on your jurisdiction, and for help in obtaining credit, please contact us.
The Path to Lawyer Wellbeing:
Read the 2017 ABA CoLAP Report
The Path to Lawyer Wellbeing Report begins with this preamble:
To be a good lawyer, one has to be a healthy lawyer. Sadly, our profession is falling short when it comes to well-being. The two studies referenced above [the Lawyer and Law Student Studies] reveal that too many lawyers and law students experience chronic stress and high rates of depression and substance use. These findings are incompatible with a sustainable legal profession, and they raise troubling implications for many lawyers’ basic competence. This research suggests that the current state of lawyers’ health cannot support a profession dedicated to client service and dependent on the public trust.
The legal profession is already struggling. Our profession confronts a dwindling market share as the public turns to more accessible, affordable alternative legal service providers. We are at a crossroads. To maintain public confidence in the profession, to meet the need for innovation in how we deliver legal services, to increase access to justice, and to reduce the level of toxicity that has allowed mental health and substance use disorders to fester among our colleagues, we have to act now. Change will require a wide-eyed and candid assessment of our members’ state of being, accompanied by courageous commitment to re-envisioning what it means to live the life of a lawyer.
Recommendation 8 of Appendix B of the Report urges high quality education on lawyer distress and wellbeing, offering a ringing endorsement for mindfulness meditation, which states,
Mindfulness meditation is a practice that can enhance cognitive reframing (and thus resilience) by aiding our ability to monitor our thoughts and avoid becoming emotionally overwhelmed. A rapidly growing body of research on meditation has shown its potential for help in addressing a variety of psychological and psychosomatic disorders, especially those in which stress plays a causal role. One type of meditative practice is mindfulness—a technique that cultivates the skill of being present by focusing attention on your breath and detaching from your thoughts or feelings. Research has found that mindfulness can reduce rumination, stress, depression, and anxiety. It also can enhance a host of competencies related to lawyer effectiveness, including increased focus and concentration, working memory, critical cognitive skills, reduced burnout, and ethical and rational decision-making…. Evidence also suggests that mindfulness can enhance the sense of work-life balance by reducing workers’ preoccupation with work.
Essential Mindfulness for Lawyers: Case Studies
Legal education and training require attorneys to manage huge volumes of difficult work with a critical eye towards everything and everyone, remaining on high alert to danger while surrounded by conflict and hostility. The lower, reptilian section of the lawyer’s brain is thus triggered into perpetual fight/flight/freeze/collapse mode. The upper, reasoning, attuned areas of the brain become overpowered and less accessible, which can lead to overwhelm, stress, negative reactivity, depression and less effective practice.
Essential Mindfulness for Lawyers® trainings give lawyers the advantage of mindfulness tool that can create increases in the actual volume of the upper brain, strengthening reasoning and understanding, and overcoming the persistent fight/flight response. EML cultivates qualities of mind like focus, attunement and stability. It lowers reactivity, anxiety and frustration. And it supports important qualities of mind like open-mindedness, creativity, and connection.
Here are some case studies from lawyers who have trained in Essential Mindfulness for Lawyers®:
Stress Relief. A corporate associate at Goodwin Procter working long, hard hours felt like she was drowning. After an EML course she reported experiencing less of the “duck syndrome,” where, for the sake of appearances, she felt she had to look calm and serene on the surface, but underneath she was paddling for her life. With EML she was able to settle and focus her mind. She could manage the volume and difficulty with greater efficiency, and felt less stressed.
Understanding, Compassion and Joy. An assistant district attorney mid-way through a nine-week EML training at theSan Francisco District Attorney’s Office reported that when someone stole his parking space on a busy Saturday night, he exclaimed to the driver with joy, “Have a great night!” He couldn’t say whether he or his wife was more astonished. Plus, it was four days later when he reported the incident, and he was still feeling good about it.
Family. A corporate attorney who took EML said her husband reported she was “just better” to him after the training.
Effectiveness. In the middle of an EML training, a trial lawyer decided to employ compassion towards the other attorneys. After he trounced his opponents he received a call. “Thank you,” one losing attorney said. “I appreciated how thoughtful you were during the trial.”
Courage. In a recent EML training, attorneys brought to mind a very difficult person and then sat for a few minutes with how uncomfortable or even disgusted they were with the person. Pulling out their computers, they were then instructed to address a letter to the person, beginning with, “I may be misunderstanding the situation, but…,” and ending with “I wish you well.” They were free to fill in the middle however they chose, using kindness and respect, even if they believed they would not be met with such positive qualities of mind.
The exercise is one we use frequently in EML, and is called, “What about the other guy?” It is an exploration in employing the courage to be mindful even when the other person is not. The MCLE credit for the exercise is ethics.
In this case – as in most cases – the results were encouraging. Nearly all participants were easily able to see the difficult person’s point of view. They understood that training and circumstances rather than irredeemable personality traits were causing the “other guy” to be unreasonable or nasty. They could also see how kindness and respect would shift the dynamic. And they realized they now had the courage to employ mindfulness, and how much more effective they could be by making that choice.
- Judi Cohen, A Mindful Perspective on Wellbeing in the Law
- Charity Scott, Mindfulness in Law: A Path to Well-Being and Balance for Lawyers and Law Students
- Judi Cohen, Mindfulness is a SuperPower for Lawyers, San Francisco Attorney, Summer 2018
- Peter H. Huang, Can Practicing Mindfulness Improve Lawyer Decision-Making, Ethics, and Leadership?, 55 Hous. L. Rev. 63 (2017), available at http://scholar.law.colorado.edu/articles/832
- Scott Rogers & Jan Jacobwitz, Mindful Ethics and the Cultivation of Concentration, 17 Nev. L. Rev. 730 (2015)
- Judi Cohen, “Mindful Justice Project: Observations from Essential Mindfulness for Lawyers Trainings for Prosecutors and Public Defenders,” September, 2015
- Judi Cohen, “Living (Happily) Surrounded by Conflict: Surprise! How Lawyers are Leading the Mindfulness Revolution,” March, 2015
- Debra S. Austin, “Killing Them Softly: Neuroscience Reveals How Brain Cells Die From Law School Stress and How Neural Self-Hacking Can Optimize Cognitive Performance,” (March 8, 2014). 59 Loy.L.Rev. 791 (2013); U Denver Legal Studies Research Paper No. 13-12.
- Scott Rogers, The Role of Mindfulness in the Ongoing Evolution of Legal Education, 36 U. Ark. Little Rock L. Rev. 227 (2014)
- Jan Jacobowitz & Scott Rogers, Mindful Ethics—A Pedagogical and Practical Approach to Teaching Legal Ethics, Developing Professional Identity, and Encouraging Civility, 4 St. Mary’s J. Malpractice & Legal Ethics (2014)
- Judi Cohen, “Smarter, Saner Law Practice,” Above the Law, October, 2013
- Shauna Shapiro et al, Mindfulness-Based Stress Reduction Effects on Moral Reasoning and Decision Making, The Journal of Positive Psychology Vol. 7 , Iss. 6,2012 (2013)
- Judi Cohen, “Stopping the War Within: Mindfulness as Stress Relief for Lawyers,” ALM, May 2012
- Robin Welford Slocum, “An Inconvenient Truth: The Need to Educate Emotionally Competent Lawyers,” Chapman University Law Research Paper No 11-31, July 19, 2011
- Rhonda V. Magee, “Educating Lawyers to Meditate?,” University of Missouri-Kansas City Law Review, Forthcoming; University of San Francisco Law Research Paper No. 2011-14, October 9, 2010
- Leonard Riskin, Annual Saltman Lecture: “Further Beyond Reason: Emotions, the Core Concerns, and Mindfulness in Negotiation,” Nevada Law Review, Forthcoming; University of Florida College of Law Research Paper No. 2010-05, January 19, 2010
- Angela Harris, Margaretta Lin & Jeff Selbin, “From The Art of War to Being Peace: Mindfulness and Community Lawyering in a Neoliberal Age,” 95 CAL. L. REV. 2073, 2076 (2007)
- Susan Daicoff, “Law as a Healing Profession: The Comprehensive Law Movement,” 6 PEPP. DISP. RESOL. L.J. 1 (2006)
- Leonard L. Riskin, “The Contemplative Lawyer: On the Potential Contributions of Mindfulness Meditation to Law Students, Lawyers, and Their Clients,” 7 HARV. NEGOT. L. REV. 1, 33-65 (2002)
- The Meditative Perspective
We’ve provided Amazon links for your convenience, but, full disclosure, if you use the link we earn a small fee. You can also go directly to Amazon, or, even better!, support your local independent bookstore.
Deborah Calloway, Becoming a Joyful Lawyer (2012)
The Mindful Lawyer: Programs on mindfulness for lawyers and law students in Florida.
Center for Understanding in Conflict: Mindfulness-infused trainings and programs that challenge the traditional terms of conflict, for mediators and litigators.
Cutting Edge Law: International perspective on cutting-edge practices in law including the Integrative Law Movement, holistic law, restorative justice, mindfulness practices and more.
The Mindful Lawyer Conference: Website of the conference, held at Berkeley Law in 2010. Many of the speakers’ talks are available.
UCLA Mindful Awareness Research Center: Information on mindfulness research, guided meditations
UC San Diego Center for Mindfulness: Info on mindfulness, as well as various programs open to the public.
Dharma Seed: thousands of free, download-able talks on mindfulness.
Sounds True: courses, videos and talks on mindfulness, meditation and spirituality.
InsightTimer (iPhone & Android): simple, elegant timer, allows you to choose how long you want to practice + what bells to ring. Tracks your sessions and allows you to connect with other practitioners.
Retreat and Mindfulness Centers
There are retreat centers and mindfulness trainings available in just about every major city in the US, in many cities in Europe, and throughout Asia. We’ve listed two centers, one in the San Francisco Bay Area and one in Massachusetts. If you don’t live near one of these, the best way to find a mindfulness center near you is to Google “mindfulness” and “[your city].”
Spirit Rock, Woodacre, California. About 30 minutes north of San Francisco, Spirit Rock offers mindfulness programs, including morning, evening, day-long, 5-, 7- and 10-day programs and retreats, as well as longer, one- and two-month retreats. Periodically, Spirit Rock also offers a Retreat for Lawyers. Check the calendar for upcoming offerings for lawyers.
Insight Meditation Society, Barre, Massachusetts. Retreats and courses in mindfulness meditation.