Spirited, Moral Injury, and Examining the Concept of Redemption

This post contains references to suicide. It is published with permission from and deep respect for the family of the affected attorney. It is written by my dear friend, Robyn Smith, who I met in law school. Though we have handled cases on the opposite sides of the “v” for much of our practices, we have remained friends and benefitted from sharing our different experiences. We recently shared a post from Bob Coursey, an employer-side employment lawyer. This post from Robyn offers a different perspective but I think you’ll find that both Robyn and Bob think humanity and decency are essential to law practice.

Just in time for Christmas, Ryan Reynolds, Will Ferrell, and Octavia Spencer star in Spirited, a musical comedy adaptation of A Christmas Carol. It’s a fantastic story of human struggle, self-loathing, and redemption. If you have not yet seen the movie, go watch it right now. We’ll wait.

[INTERMISSION]

Finished? You’re welcome. It was great, wasn’t it? 

And there could not be a better cinematic explanation of people struggling with something called moral injury – a concept that describes the price paid by people like us, attorneys who work as we are taught, and who exist within a system that tests our personal senses of right and wrong … and who are hurt by it. Moral injury, according to Veterans Affairs, is a psychological injury that comes from perpetrating, failing to prevent, or witnessing events that go against a your deeply held moral beliefs and expectations.

These injuries have been studied in the instances of combat veterans who have had to inflict harm on others, as well as health care workers who have had to turn away people in need of care.  Scientists have noted that it changes the brain, but not in the same ways as PTSD. Spirited depicts several folks struggling with their own pasts, presents, and futures, as their choices and career paths have consequences.

The Spirited character to have watched was Octavia Spencer’s. She does as she is told. She conducts the opposition research. She works up the facts. She discloses the truth. She knows how it will be used. She is hurt as the fruits of her efforts are used to destroy other people’s lives. She knows that’s how it will go. But she is just researching, like we do. She’s just portraying facts, like we do. She’s just doing her job … like we do. 

And she hurts because of it. Like we do.

I believe that the law industry is designed to subject lawyers to moral injury. We are trained to work in our clients’ best interests and to keep their confidences. We are permitted to withdraw from representations most of the time – but not all. We may only raise an alert when a client is about to inflict certain types of injuries on other human beings. We have knowledge that can weigh on us. We have to argue things that we do not admire or respect. We are complicit in systems that oppress and injure. And whoever structured this industry decided that was okay, at our peril.

Not all of us, and not all of the time, of course. But our ethical rules do not allow us to prioritize our own morality – ever. I don’t think I’ve met a lawyer who has not had to take a position she abhors, or oppose a person she truly believed to be in the right. In those circumstances, we are told, we have to consider our clients’ best interests, the integrity of the tribunal, and a handful of other things that are not our own precious peace of mind.

I represent workers, including attorneys. Some of them know what is happening around them is wrong, and they feel gaslit by the failure of others to speak up or break free. It’s a lonely feeling.  Some of the people I admire the most are people who, astonished, have asked me “Am I crazy?” after recognizing a severe and unbearable moral injury and declaring the pain of it. And suffering the fallout. Speaking out against the machine is taboo, isn’t it? 

I had an attorney friend who undertook a very important job overseeing Kentucky’s unemployment insurance agency in early 2020. When the pandemic set in, he went to work, putting every ounce of his energy into connecting newly locked-down workers with the money they needed to buy food, medicine, diapers, and medicine. He would call it “the most important thing I’ve ever done.” He saw problems with the system, some ethical, others legal. He rationalized what he could. He opposed the rest. My friend was fired.

He spent the next several months watching in horror as the benefits system crumbled, with workers spending endless months without benefits, hitting metaphoric brick walls in the agency, and having nobody in the agency empowered to advocate for them. My friend gave an interview to a national media outlet, and when the reporter asked how it felt to watch all of the people in pain as they waited for help that was promised but never provided, he responded simply, “It kills me.” A few weeks later, my friend took his own life.

For well over a year, I did what many people affected by suicide do. I talked with people. I raged against the people who hurt my friend and his family. I blamed myself. I researched and read, looking for something to make it make sense. I looked at studies. Everything I learned about depression, anxiety, PTSD, secondary trauma, and how they affected lawyers was really insightful, but never really a complete picture.

Then one day, I was in my car, listening to a science podcast about the “invisible epidemic” of moral injury. I gripped my steering wheel and yelled, struck by the realization that this was the piece that fit. When a principled person leans into his moral fortitude at a time when very little else is available, and when that sense of morality is shattered … it’s a whole lot to come back from. And we are made of flesh and bone, not iron and steel

I had been staring into the same abyss as my friend. Because the fact is that I truly believed that I had let him down. And I carried with me every cut from every point in my career when I had helped people advance their own interests against my own sense of morality. In recent years, I opened my own firm. I represent only people I want to and do a lot of pro bono.

While I don’t represent people I don’t want to represent, I am still at risk for moral injury every time I see the justice system (that I prop up) hurt people who don’t deserve it. I’ve watched my opposing counsel wince as they open old wounds in my clients in depositions because it is their job. I’ve heard a government lawyer lament, “Robyn, I have no discretion here” when a person’s ability to feed a family was at stake. I’ve seen it, I’ve felt it, and I know that it’s real. 

You are reading this piece on a blogsite where my dear friend Claire gives you tools to process, understand, and heal. You are here to learn about the tools to help you work within the sphere of your own control. But in case nobody has told you this lately, it’s okay to conclude that the things outside your control might be wrong. Real wrong. And you are not a freak for wanting to break free from it.  It’s incredibly okay to leave. To adapt. To grow.

My favorite scene from Spirited is a deleted scene showcased in the credits. Will Ferrell’s character wants to know what the everlasting effect of a single act can be – a “ripple.” He wonders, “I have to believe, inside the worst of us there is some decency there …  we can achieve something miraculous if we only dare.” That’s true. It is. It’s true of our clients, and it is always true of us.

Because it’s not about winning. Or raking in money. Or having other people be afraid of you.  That’s the old way of evaluating success in our industry. The new way, and the way Spirited has considerately reminded us of, is that you can take account of your own worth. And you can decide when someone has asked of you the unaskable. And you can say “no.” You can heal, and you can help others heal. And you can determine your fate from there.

Robyn Smith is an employee-side lawyer at The Law Office of Robyn Smith in Louisville, Kentucky.  She chose the area of employment law to protect workers, who she believes are Kentucky’s greatest resource. Robyn has represented workers in litigation against massive institutions, both public and private. She is also a mother of two and committed to improving her community and the profession. Robyn has been honored for her pro bono work, is a coach for law school client counseling competitions, and teaches Law Practice Management at the Louis D. Brandeis School of Law at the University of Louisville.

Want to learn more about mindfulness and compassion? Check out the new book from our founder, Claire E. Parsons, called How to Be a Badass Lawyer which is now available.

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Tortured No More: How Drinking Less Alcohol Helped Me Write My First Book

Our culture has this trope of the long-suffering tortured artist. There’s this idea that creativity comes from strife and is fueled by addiction and misery. I don’t say things like this often, but I want that idea to die.

First, it’s not true. Sure, there are many wonderful artists who struggled with or even lost their lives or careers to addiction, but there are also many, such as Anne Lamott, Stephen King, or the musician, Riopy, who went into recovery and thrived professionally after. Second, the idea is dangerous because it suggests that creative living is off limits to people who want to have a happy life.

I get upset about both issues because I experienced the opposite of what the trope claims. I experienced an extreme uptick in my creativity after limiting alcohol. In addition, the expansion of my creative efforts has resulted in more happiness, not more suffering.

This year I hit a major life milestone: I wrote and published my first book. I didn’t quite sell as many copies as Stephen King (yet) and I admit that I didn’t say anything nearly so perfect as Anne Lamott did in Bird by Bird. But, by god, I wrote a damn book. I wrote a book while practicing law, raising kids, managing a blog, and surviving two job changes in my household at the same time. I wrote a book even though I could have easily continued to think about it, as I had done for many years before.

Like the trope, this book had its origins in some suffering. It came from my own struggles with mental health and it was inspired by some of the darkest moments in my life. In addition, so many steps that led to me writing the book came out of the angst, grief, and upheaval of the pandemic. Oddly, one of those steps was the realization that I had relied too much on alcohol during the initial months of social distancing.

This is where the trope of the suffering and addicted artist explodes. Other than my initial bout with shame and denial, I didn’t have a torturous experience addressing my alcohol usage. Instead, I implemented some reasonable limits and supports, noticed an improvement, felt good, so kept going. At no point in the decision-making process did I consider limiting drinking because I wanted to be “more productive.”

That’s exactly what happened though. No, I didn’t get more productive in the breakneck way. I didn’t sacrifice sleep, or fun, or time away from my computer. Instead, I found a few extra hours here and there at night and on weekends where I felt like writing.

Think about it. When do most of us drink? Nights and weekends. When do most lawyers have free time to write and pursue personal hobbies or goals? You got it. Nights and weekends. When I started limiting how frequently I drank, I created more pockets of time in which I felt energetic and clear-minded enough to write. And, when things calmed down a bit and I had longer stretches, I could reliably bank a few thousand words at a time until I had a book.

Perhaps this story isn’t as interesting as the long-suffering artist, but it’s a whole lot more hopeful and in more ways than one. It suggests that steps to major life goals might, for any of us, be just around the corner. It suggests that doing the everyday basics to take care of oneself may be one way to reach the highest heights.

And here’s the best thing. Maybe I was a bit of a suffering artist in the early days of the pandemic. Maybe I used alcohol somewhat to avoid the suffering I believed I couldn’t handle. When I decided to make a change, the suffering didn’t swallow me up. Instead, it forced me to grow and make space for something new. It’s easy to get caught up in our habits or the tropes of identity, but it’s possible to break out of them. Even better, it feels really good when you do.

Want to learn more about mindfulness and compassion? Check out my new book, How to Be a Badass Lawyer, which is available now.

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10 Gift Ideas to Encourage a Loved One’s Mindfulness Habit

When I teach mindfulness, I always stress that you don’t need to buy anything when you start a meditation practice. With that said, some accessories can support a practice. Beyond that, around the holidays we always need some gift ideas for those in our lives. If you have someone in your life looking to create or establish a mindfulness habit, some of these ideas might help.

1. Meditation Cushion or Bench

A chair is perfectly sufficient to meditate, but if you do it regularly it can help to have a defined space for the practice. In addition, once you are able to sit for longer than 15 minutes, a cushion can help you maintain a good posture. You can find any number of meditation cushions or benches online, including on Amazon. I recommend a buckwheat fill for your cushion because it offers support and you can refill the cushion with more hulls over time.

2. Meditation App

A meditation app can help make a practice accessible because the world’s best teachers are always with you on your phone. Many apps also have courses available to teach the practice to you. Headspace, Calm, and Ten Percent Happier each have gift subscriptions available. In addition, fitness apps like Peloton has yoga classes and meditations as well and Peloton just released a new introduction to meditation course.

3. Books

There are so many good books on mindfulness and meditation practice out there that you really can’t go wrong. Any of the books we have mentioned on this blog would make a fine gift, including:

My book, How to Be a Badass Lawyer.

Zen Habits

Mindfulness in Plain English

Radical Compassion

The Craving Mind

Happiness

Every Body Yoga

Ten Percent Happier

4. Courses

You may be able to find courses and retreats at your local yoga studio, dharma or zen center, or other public facilities. If you can’t, Sounds True has a number of self-paced audio or video courses available from the best teachers in the world. They also regularly have sales that make these courses really affordable. For those new to the practice, we recommend Tara Brach’s and Jack Kornfield’s Power of Awareness.

5. Blanket

It’s not unusual to get cold during meditation practice since you are sitting still for extended periods of time. In addition, a blanket can add a sense of comfort and even protection to help you calm during your practice. I recommend a blanket that is soft and comforting, but also light so that it doesn’t make you too hot as you sit.

6. Candle or Diffuser

The jar candle seems to be the ubiquitous holiday regift. But, on the bright side, nice smells can support a meditation practice. In the same way, an essential oil diffuser can do the same thing. If you are intending it to be used during meditation practice, pick something with a scent that is soothing so it doesn’t overpower or distract you while you sit.

7. Gift Card to Yoga Studio        

Sitting isn’t the only way to learn mindfulness. You can also learn it from yoga and many yoga studios offer practices or courses on meditation. Many yoga studios offer holiday promotions for gift cards or class passes. In this way, you can support a local business while offering a friend a chance to establish or refresh their mindfulness or yoga practice.

8. Yoga Props

Restorative yoga is an excellent way to ease into meditation practice but this practice is not as prevalent at brick and mortar studios now due to the pandemic. You can solve this problem by offering the gift of yoga props. With a couple of blocks, a yoga blanket, and a bolster, your friend could easily start a restorative practice at home on their own. In fact, Amazon even has a restorative yoga starter kit and Judith Lasater has several great books that teach the practice for beginners.

9. Devices

Extra devices aren’t really necessary for a meditation practice, but some items can support it or solve a particular problem. A nice set of wireless earbuds can make your meditation practice mobile or help reduce distractions while you sit. If you are really into gadgets and have a larger budget, you could look into the Muse. By the time I tried the device, my practice was already established so I have not really used it much but it could be helpful to someone new to meditation. I also recently discovered Zenimals which offer a screen-free way of providing guided meditations to kids.

10. Time

The biggest impediment to a meditation practice is the lack of time. So, if you want to give the gift of mindfulness, you may not have to spend any money. You could offer to babysit, take care of pets, or water plants for a friend who wants to go on a retreat or take a meditation course.

As a caveat, don’t push any of these gift ideas on anyone. Meditation is a deeply personal practice and it may not be right for everyone. Thus, I wouldn’t give any of these gifts unless I knew that the person was interested in mindfulness, yoga, or looking for some help with their stress management strategies. For those friends or family members looking to develop or establish a meditation habit, however, any of these gifts can support their practice and help it grow.

Want to learn more about mindfulness and compassion? Check out my new book, How to Be a Badass Lawyer, which is available now.

Tranquility by Tuesday Can Change How You Feel about Your Time

How many times have you read a book and thought or proclaimed to a friend that it “changed your life”? While it can be exciting at first to see new possibilities open up in your mind after reading a book, the true test is whether it helped you change your life in meaningful ways. Time management guru, Laura Vanderkam, is a writer, speaker, and podcast host whom I have followed for nearly a decade. Having had time to see the difference, I can honestly say her work changed my life.

When I first encountered Vanderkam’s work, I was in the throes of young motherhood with an out-of-control litigation case load. I felt like I was doing everything wrong. I had no energy and I assumed somebody out there must have some answers. When I read I Know How She Does It: How Successful Women Make the Most of Their Time on a friend’s recommendation, I suppose I was looking for hacks and tricks to make things easier. What I got, instead, was far more valuable: reassurance that my messy life was normal and a reminder to be practical instead of perfectionist about my time.

Over the course of years, the mindset shift to dispense with all or nothing thinking made a huge impact on my life. Gradually, I began incorporating more of what I wanted in my life (writing, exercising, time with friends, etc.) and I let go of the doubts, worries, and guilt that got in the way.

Instead of assuming that I didn’t have time for the things I wanted or couldn’t commit to a new habit, at some point I decided to let myself try. Fortunately for me, meditation was one of the first habits I established. Because it gave me a quick way to recharge, mental space for insights and ideas, and awareness, other good things soon followed. I quickly got more active in my community, started writing more, and established a regular fitness routine.

Now, I find myself with a law practice, a family, an established blog, and a newly published book. Though I am doing more, I don’t feel as time strapped as I did all those years ago. The major difference is that I got more intentional about the use of my time. That is, I decided some of my time—even the tiny bits of it—was time I deserved to spend on me.

Of course, Laura Vanderkam is not the only person to credit for this awakening. Friends, family, therapists and coaches have all helped me understand and craft this for myself. But I just listened to Vanderkam’s latest book, right as my own first book was coming out, and it hit me that I had unwittingly put into place so many of her time recommendations.

In Tranquility by Tuesday: 9 Ways to Calm the Chaos and Make Time for What Matters Vanderkam shares more than a set of 9 steps to manage your time. Instead, this book is about managing how you feel about your time. It’s not a tome that tells you how to manage a to-do list or claims you can simply delegate the tasks you despise. Rather, it recognizes that you may be busy for good reason. In light of that, though, it offers strategies that can help you experience your life as rich and full instead of just overscheduled.

I can’t say that I have put all 9 steps into practice but many of them have been essential to helping me open my mind and my schedule for more of what I want. In particular, fifteen minutes of Friday planning has helped me envision the coming week and prioritize personal and work goals. Likewise, moving early in the day has helped me manage stress and start my days off with energy. Finally, the biggest shift came when I started to prioritize what Vanderkam brilliantly calls “effortful fun.”

Though that sounds like an oxymoron, it makes senses. It means fun that takes a little more effort than standard relaxation. I had never heard the term before I read Tranquility by Tuesday but I can tell you that allowing myself to pick effortful fun more often in my life is one of the most important changes I have made.

When people ask me how I manage so many things, I think they assume that my writing is work. It certainly is, but it’s also a kind of fun I can’t get from watching Netflix, playing a game, or even going to a concert. When I recognized this, I let myself write more and more until it became a habit. Though it takes energy and effort, consistent writing gives me back so much more.

This is the shift that Vanderkam’s work can help you make. She has five kids, two podcasts, numerous books, and a well-updated blog. Even so, I reached out to her to ask for a quote for the blog and she responded within an hour with this gem for all the lawyers and professionals who read the blog:

I think that one of the biggest misconceptions with demanding jobs is that there isn’t any time for other things. There may not be much, but “not as much as I want” is a very different story from “none.” The first story invites us to study our schedules, and see where this time may be, and how we can make the most of what we have, and scale this up over time. The second story is just defeatist. So the first, which is more truthful, is a better option.

I also think it’s important to look at life in terms of weeks. Individual days might be long. But often, over a week, there is space for the things outside work that make us feel like whole people. There are 168 hours in a week. If you work 60 hours a week, and sleep 8 hours per night (56 hours per week) that leaves 52 hours for other things. Again, it is not an infinite amount of time, and you might need to be creative to seize it. But there is likely time for some exercise, reading or hobbies, and quality engagement with family. Think of it as a quest to find this time, rather than dwell on how little there is. 

Laura Vanderkam

Indeed, lawyers rarely have as much time as we want but most of us have more than none. If you want to learn a few ways to make the most of the time you have, check out Vanderkam’s work and her latest book, Tranquility by Tuesday. I don’t promise that it will change your life, but if it changes your mind on a few things that will be a pretty good start.

Want to learn more about mindfulness and compassion? Check out my new book, How to Be a Badass Lawyer, which is available now.

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Real Talk About the Study Finding Meditation as Effective as Medication to Treat Anxiety

In the last 2 weeks, several contacts have reached out when they read news reports about a study which suggests meditation could be as effective to treat anxiety as medication. Due to my own life experience, I was not surprised when I read the report. Actually, my reaction was closer to relief. After all, I was also aware of the recent research suggesting that medication may not be as effective as once thought to treat depression.

I have used medication to treat depression in the past so I don’t suggest that other people shouldn’t. I have also used therapy several times in my life and benefited each time. The reason I felt relief when I read about the new study, though, is that more information may provide us with more options for treating mental health conditions.

Even so, I have to admit that I was also a little concerned about how the study might be spun or construed. With that in mind, here are a few things to consider when thinking or sharing news about the study.

1. The Good News

We have known for decades that regular meditation can have physical and mental health benefits, but it is not until much more recently that meditation has been embraced as a treatment for mental health conditions. The fact that researchers thought it worthwhile to consider the impacts of meditation practice v. medication shows how much of a mindset shift has occurred.

It is also good that researchers are exploring various treatment modalities because mental health conditions, such as depression and anxiety, are often contextual and individualized. My own life experience has shown me that mental health needs may require a menu of tools, instead of just one or two. The more we learn about how meditation can affect or promote mental health, the more we hopefully can discover about how it can be part of a mental health regimen.

Overall then, the new study signals continued growth of research into the impacts of mindfulness and greater acceptance of meditation by the medical and scientific community.

2. The Potential Downside

Despite the positive indications from the new study, I also had some concerns . The first one that sprang to mind was that, perhaps well-meaning, but uninformed people may tell others to “just meditate” to address their mental health needs. Over the years, I have heard many friends confide in me that a loved one told them this. I have also had friends or contacts beat themselves up about not being able to manage their mental health needs with meditation.

When I speak and write on the topic of mindfulness, I regularly warn people that they shouldn’t feel compelled to rush in with the practice. And I don’t instruct people to attempt meditation to avoid other mental health treatment options. Indeed, I attempted meditation when I was deeply depressed and it only resulted in me crying alone in a dark room feeling even more like a failure. Now, once I stabilized and learned gradually to tolerate the practice, meditation has helped me tame my long-standing anxiety and avoid depression.

So, while it may be accurate advice to tell a person with mental health needs that meditation can help, I don’t think it is good advice. Individuals struggling with anxiety or depression may hear it as an instruction to manage their situation on their own. Instead, the better route is to offer support or encourage someone struggling with mental health to reach out for help.

Moreover, before you share information about the study, you should be aware of what it really says. The study didn’t compare 5 minutes of meditation a day with medication. Instead, it compared an 8-week mindfulness-based stress reduction (“MBSR”) course with medication.

I have taken the MBSR course and it includes weekly classes, a recommendation to meditate 45 minutes a day outside of class (a huge amount for new meditators), and a half-day retreat. In other words, it is an intense and immersive commitment that is at least as time-consuming as therapy. So, be careful when you talk about the study that you understand that context.

3. What I Hope Happens Next

As we know, scientific progress is continually unfolding. Thus, this new study clearly does not represent the final limits of what we can know about the impact of mindfulness practices on mental health. Given the limitations of the MBSR program, I hope researchers continue to study the impact of mindfulness practices at shorter intervals but over longer terms on mental health conditions. I didn’t start at anything even close to the amounts recommended in the MBSR program but experienced significant relief after a few weeks and more pronounced benefits after several months.

I hope researchers also continue to develop studies that show us how meditation may work with medication, or therapy, or exercise, or time in nature, etc. And, of course, I hope we see more studies showing the effects of various meditation practices. Again, MBSR primarily relies on body work and breath practice, but other practices such as loving-kindness can have profound impacts on how we relate to the world and thus our mental health.

In short, I see the new study as an overall positive sign, but care should be taken with how its findings are discussed. Having personally experienced how much meditation helped me manage my own anxiety, I am glad the study shows that meditation may be a promising treatment option. I hope further research will help us understand more to ensure that all people have an array of potential tools to meet their mental health needs.

If you want to learn more about what mindfulness and compassion can do for you in a gradual and approachable way, check out my new book, How to Be a Badass Lawyer, which is available on Amazon.

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Inspirational Interview with a Lawyer Who Climbed Mt. Kilimanjaro

This month, I am talking and thinking a lot about possibilities. It’s a fitting theme for me because a totally new possibility opened up for me when I published my first book How to Be a Badass Lawyer. No, the world didn’t stop and it wasn’t an international bestseller overnight, though I was ecstatic when it attained #1 New Release status on Amazon.

Still, I have wanted to write a book for years. When you achieve a long-term goal like that, it causes you to reconsider who you are and what you can do. I have a lawyer friend, Christon Halkiotis, who recently did something that caused the same reflection. She’s a lawyer in North Carolina and climbed Mt. Kilimanjaro this September to raise money for Multiple Myeloma Research. All told, her group raised $200,000.00.

It’s a pretty amazing story and Christon has some others to share too. She started her law practice just before the pandemic started, she learned to market her practice on social media, and she is one of my awesome co-authors for the bestselling book Networked.

I had Christon join me on Instagram Live for one of the blog’s Easy Like Sunday chats. She shared her story and dropped some knowledge, badassery, and inspiration. What I loved most was that Christon explained that mindfulness helped her get through the toughest parts of the climb. Check out the interview here.

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How to Be a Badass Lawyer

The word “badass” may not be the first one that comes to mind when most people think of lawyers. Some people may not like the word. Though the term has been thoroughly adopted into contemporary slang, I’m aware some people may be mildly offended by it. Still, it’s hard for me to deny that being a lawyer is pretty badass.

Yes, we are supposed to be rule followers. In many cases, we are hired because we are experts of the rules. But anyone who has practiced law knows that there are times when the rules don’t tell us everything. Sometimes the rules shift suddenly. And there are instances when we have to blend creativity and ingenuity to chart a course around, through, or alongside the rules for clients.

This is why lawyers, steeped in rules as we are, are not mere rule followers. Instead, our jobs position us to be badasses. Our role is to help our clients shape the future for their lives, their businesses, or their families.

Much the same way, “badass” may not be the first word that comes to mind when you think about mindfulness and compassion. The popular image of mindfulness these days is a blissed out yogi sitting on a cushion. We are more likely to think of our grandmas than a superhero when it comes to the word “compassion.”

But when you understand either of them, you realize how badass they really are (and maybe how badass your grandma was too). At it’s heart, mindfulness is accepting reality as it is without judging, resisting, or fighting it. Compassion, warm and cuddly as it sounds, is nothing less than courage. It means staying present for suffering and remaining willing to help.

In recent decades, some amazing pioneers have begun teaching lawyers about mindfulness. Much of the discussion, however, has focused on the calming aspects of mindfulness practice. To be sure, meditation can offer that and it’s not a small thing. But, my experience as a practicing lawyer has shown me that meditation has helped me so much because it helped me be okay with not being calm.

This may be hard for some lawyers to hear. I know we can feel like we need to look composed. I know it can feel awkward and vulnerable when you can’t control your emotions. Breathing strategies can help in these situations but at a certain point something else is needed too.

That magic ingredient is compassion. It’s a word that I have seen mostly absent from discussions of stress management for lawyers. I think some people have believed lawyers wouldn’t listen. Some may have believed talking about mindfulness by itself would cover the bases.

Over the years, though, I have used compassion for myself and taught other lawyers about it. They do listen and I don’t believe merely talking about mindfulness by itself is enough. Mindfulness and compassion work together. In combination, they don’t just make us calm and soothed. They allow us to soothe ourselves and others and find clarity and stability in even the most troubling times.

What could be more badass than that? And it’s clear why lawyers – who readily take on challenges for clients in the midst of risk and conflict – could use this. This is why I started teaching mindfulness and compassion to lawyers and professionals years ago. This is why I founded this blog. And, today, this is why I wrote and published my first book: How to Be a Badass Lawyer: The Unexpected and Simple Guide to Less Stress and Greater Personal Development Through Mindfulness and Compassion.

I wrote it as a short and simple guide to help lawyers (or anyone else) understand the concepts of mindfulness and compassion and build a meditation practice of their own. Having meditated now for nearly a decade, I understand that meditation can be a challenge so the book creates a four-week program for you to build skills and stamina for meditation. As you do the practices, you’ll cultivate mindfulness, compassion, body awareness, and emotional intelligence.

The book includes no metaphysical discussions, little complicated terminology, and is actively and ardently anti-perfectionist. Admittedly, it’s a self-help book but only in the sense that it may offer some new skills, strategies, and ways of thinking that may allow you to help yourself. Explicitly, the goal of the book isn’t to change you in any way. It’s to help you see how awesome you are because your clients, your family, your community, and the world needs it.

Check out the book to learn more, reach out to me to discuss, or leave me a comment below. I can’t tell you how thrilled I am to have written it. Achieving a goal like this has caused me to look at myself in the mirror and think “yeah, I am kind of a badass.” I want all of you to feel the same way.

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Surgeon General’s Mental Health Framework Explores What Work Could Be

Work is something that can provide purpose, personal growth, connection, and community. Sadly, this is not the reality for many American workers. Coming out of the COVID-19 pandemic, many American workplaces face challenges, including a lack of staff, mental health struggles, addiction, and more.

On top of this, workplaces may lack appropriate staff, leadership, policies or resources to manage personnel well. This can lead to complaints with government agencies, litigation, or at a minimum workplace turmoil. Compounded across companies, sectors, and time, this can cause huge losses in GDP and incalculable human misery.

Many legal professionals are likely to have experienced these issues when handling client matters or even in our own firms. As an employment and local government attorney, I have certainly seen an increase in mental health issues in my law practice. These mental health issues affect individuals, workplaces, families, and our national economy.

This is why the US Surgeon General, Vivek Murthy, released a new framework last week on Workplace Mental Health and Well-Being. In some ways, the framework appears to reckon with the scope of the national mental health crisis. It synthesizes in a 30-page document several indicators detailing how much mental health problems costs individuals and companies.

Fortunately, though, the document also offers a structure of what employers, policymakers, and voters can do to make a change. “Worker Voice and Equity” serves as the hub of the framework, supported by five spokes, including:

  • Protection from Harm
  • Connection & Community
  • Work-Life Harmony
  • Mattering at Work
  • Opportunity for Growth.

Particular policy recommendations, including for example access to training and feedback, paid leave, and policies limiting out-of-office communications, are recommended throughout. However, the comprehensive and holistic approach to the framework may be most impactful. Because it is rooted in meeting the human needs of workers (safety, connection, growth, and meaning), it acknowledges how various workplace issues intersect.

Indeed, I have often seen discussions of DEI and workplace civil rights separated in the past. The Framework, however, appears premised on the idea that the issues intersect. As such, it suggests that a functional, inclusive, respectful, and collaborative workplace supported by robust policies and benefits is the best way to support employee mental health.

In this way, the framework invites us to reimagine what the American workplace could be. It posits that our society can “build workplaces that are engines of well-being, showing workers that they matter, that their work matters, and that they have the workplace resources and support necessary to flourish.”

Can you imagine what your workplace would be like if that was true? Can you imagine what the world would look like if that was true in most workplaces?

Of course, the work lies ahead for us to build such a reality. But it helps that the highest public health official in the United States has recognized the significance of the issue and offered a vision for how things can improve. The Surgeon General’s Framework is of course only a step in the right direction but it is worth your time to check it out.

If you haven’t yet read the framework document, the following 2-minute video offers a summary and highlights. Check it out here.

Want to learn more about mindfulness and compassion? Check out my new book, How to Be a Badass Lawyer, which is available now.

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Compliance with Care? How Intentional Lawyering Can Save the World

Editor’s Note: This is a guest post by experienced employment attorney and friend of the blog, Bob Coursey. You’ll learn about Bob’s character and values just by reading this piece but for more detail check out his bio below.

I was talking with a fellow management-side employment lawyer (who is also a friend) recently and I made an offhand comment encouraging her to go out and continue doing the good work of protecting our nation’s employers.

She corrected me: “Actually, I feel like most of what I do when it comes to counseling employers is protecting employees . . .” 

She was 100% right.

I told her I was glad she “corrected” my comment about our job being all about protecting employers. I further told her I felt a little silly that we were even having this exchange, because this is one of my pet issues: I believe there is a common misconception among many (including some of my close friends and family) that, as an employment lawyer who counsels and represents management, my job is somehow anti-employee. 

That is so far from the truth. But convincing anyone of that is not the point of this article.  Instead, my point is that by lawyering with intentionality we can make the world a better place. My life experience is as a management-side employment lawyer, so the specifics I discuss here relate to employment law.

I’ve been a lawyer for a long time now, and it’s clear to me that management-side employment lawyers are in a position to be a great force for good for employees. But being in that position and acting on it are two different things. I can look to my own 24-year career as a management-side employment lawyer and see that. 

Early in my career (before many humbling life experiences, and before discovering meditation, mindfulness, and intentionality), I didn’t consider, at least not with any intentionality, the bigger picture of my counsel to and representation of my clients. Being a zealous advocate meant the client’s interest was my singular focus. There’s nothing inherently wrong with that philosophy. I was very effective and abided by all of my professional ethical duties.

Fast forward a couple decades. I’m a work in progress, like all of us, but I feel confident saying the years have made me wiser when it comes to how I advise my clients.

If you’re not interested in making the world a better place, this article isn’t for you, and that’s fine. But for those of you lawyers who want to be a force for good but aren’t sure how, let me remind you that our jobs likely provide us many opportunities to be a force for good–if we’re intentional about how we lawyer. By lawyering with intentionality, we can help our clients do well by helping them do good.

There’s a lot of suck in the world. To counter the suck, we need good people to act. For most people, the ability to do good is often limited to their own direct actions. But if you’re a lawyer, doing your job often means advising other people on how to act. There’s power there. 

We wield that power whether we are intentional about it or not. 

Let me be clear: Nothing I’m saying here should be interpreted as suggesting we lawyers violate, or even flirt with violating, our ethical duties to our clients. Our counsel to our clients should never put our clients’ interests or legal compliance subservient to the interests of others. What I am suggesting is that for lawyers to ignore the bigger picture, the broader community of interests, is often to do a disservice not only to those other interests, but to our clients too.

It’s easy for lawyers to fall into the trap of thinking of the much of the world as an us-versus-them environment. We rarely hear from our clients when things are rosy. The world can sound like a pretty troublesome place when every call you take, every email you read, is about disagreements, arguments, accusations, and various troubles between humans. For those lawyers who spend a significant part of their time defending their clients in litigation (like I did for the first 10 years of my career), it may be even harder to avoid falling into this us-versus-them trap.

Now 24 years and lots of life experiences into my career, my heart is softer, my perspective is broader, and at the same time I feel like I’ve never been a better legal adviser. I guess practice makes perfect, because I’ve spent thousands of hours counseling companies to:

  • -protect employees from harassers/bullies/jerks
  • -accommodate employees with health, family, religious, or other needs
  • -support or coach employees instead of imposing discipline
  • -communicate better with employees
  • -promote deserving employees
  • -allow employees to work from home for health or other personal reasons

These are some examples of the type of employee-friendly counsel that I offer when I believe it’s in my client’s best interests, which is almost 100% of the time.

It’s exceedingly rare that good legal counsel in a workplace situation calls for taking an aggressively antagonistic, anti-employee approach. When those unfortunate situations present themselves, we management-side employment lawyers should counsel our clients accordingly. But treating employees with humanity, dignity, and fairness should always be the default.

In my field of employment law, this philosophy yields good client results. How do I know? Clients tell me. I see the lawsuits that don’t get filed. I see the careers that aren’t ended prematurely. I see workplace relationships salvaged. I hear about workplaces where trust exists between employees and management. I could tell you about countless situations that had lawsuit written all over them, but because I worked with my client to take an intentionally employee-focused approach to handling the situation, litigation was avoided.

I believe the same philosophy can yield similar positive results in other areas of law. Regardless of the area of law, there’s almost always a broader perspective to consider than our clients’ specific interest. There’s almost always going to be others affected by our clients’ decisions and actions, for better or worse. For me, it’s my clients’ employees and those employees’ families and communities that I choose to consider with intentionality when I advise my clients. Who is it for your clients?

The world can look like a very dark place to a lot of people in 2022. Our clients and their communities are dealing with everything ranging from mental health struggles to hate and violence. As lawyers, the nature of our job means that we are sought out by clients when they are facing some of the hardest times in their lives, and they look to us for counsel through these dark times.

Are lawyers going to solve all of these problems? Of course not. But in my small part of the world, I have no doubt that my clients have a huge role to play in their employees’ lives, which means that as their employment lawyer, I’m in a position to do some good, not only for my clients, but often in the broader sense. And the world needs every single bit of good it can get. I bet you can say the same about your clients, and your role in advising them.

Our jobs give us the privilege of having a part to play in the lives of many people, which has ripple effects on the world. It’s up to us what we do with that privilege, whether those ripples are positive or negative. Today, I’m going to look for opportunities to do some good in the world. I hope you’ll join me.

Author Bio: Bob Coursey has been an employment lawyer for over 20 years. He spent his first 10 years of practice at Fisher Phillips, one of the most respected employment law firms in the country, where he defended companies in employment related litigation. He then spent 11 years at Employers Council, where he focused his practice on keeping employers out of trouble. In 2021, Bob started his own company—Modern Age Employment Law—where he counsels, represents, and trains employers who are looking for a modern approach to their employment law and HR challenges. Bob is licensed to practice law in Utah and Georgia. He’s also a certified Senior Professional in Human Resources (SPHR) and SHRM Senior Certified Professional (SHRM-SCP).Despite all that very dry sounding info, Bob is actually a real person too. He’s a music lover, an OK drummer who still dreams of being a rock star, a daily meditator and certified meditation teacher, a Peloton enthusiast, a t-shirt re-designer, a lover of Utah’s outdoors, and a husband and father of four kids who bring him immense joy.

Want to learn more about mindfulness and compassion? Check out my new book, How to Be a Badass Lawyer, which is available now.

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5 Healthy Ways to Handle Emotions as a Lawyer

The first question I ever asked a meditation teacher showed how uncomfortable I used to be with my emotions. In the Zen tradition, you get an opportunity for an interview with the teacher when you go on retreat. I was totally unprepared for this on my first one so I asked the question at the top of my mind: is it okay if I cry when I meditate?

In not so many words, the teacher kindly explained that, yes it was okay when emotions came up during meditation. She wisely didn’t push me too hard to examine why I had asked the question at all and let me figure out that more fundamental issue for myself. In retrospect, I now know that the question isn’t whether it is okay to cry during meditation. The better question is why did I ever think it was a problem in the first place?

As I eventually discovered, I had been making some assumptions about my meditation practice and myself. I had assumed that meditation was about being calm, so through that lens crying was a problem. To dive a bit deeper, I had generally assumed in my life that I should be in control of my emotions, so when I reacted in ways that I didn’t expect it seemed to signal a problem.

In years of practice, I have come to learn that meditation is not about being calm, but instead is about being as you are in any given moment. In addition, our lack of control over our emotions isn’t the problem either. Usually, the problems arise when we fight against that lack of control. Even so, us lawyers are in the position where we often must modulate and monitor our emotions to do our jobs. How can we do this in a healthy way? Here are the five strategies rooted in mindfulness and compassion that I use.

1. Give them time.

Emotions sometimes have deeper meanings and sometimes they don’t. One of the best ways to tell the difference is to give yourself a moment to watch them and see what happens. The first thing you will notice if you can let emotions be is that they don’t last very long. In themselves, the bodily sensations often last about 90 seconds before resolving or changing to something else. So, if you can pause for a few breaths, let your body settle, and give your brain a chance to catch up, you may understand better what your emotions are trying to tell you. If nothing else, you’ll be present for yourself in an authentic way and remember for a moment that you are a human being who is affected by the world and that’s not entirely a bad thing.

2. Give them space.

As you give your emotions time, it also helps to give them space. What I mean by this is a few things. First, don’t force a conclusion right away. Don’t immediately put your emotions under the microscope. Don’t demand an explanation. Remember that emotions are feelings and they are not necessarily logical, so don’t judge or add on extra baggage that doesn’t need to be there. Second, it also means to let yourself expand around the emotions. Sometimes big emotions can feel overwhelming. In those times, I find the breath helpful as a tool to help me feel a sense of expansion as I make space for emotions. Strong emotions can also push us to contract around them, so the practice of allowing them to float (not pushing them away or reacting to them) is a way to honor our emotions while avoiding rash and potentially harmful actions.

3. Move.

Meditation is excellent for some emotions, but I find movement more helpful for dealing with the energetic ones like anger, frustration, or nervousness. After years of practice, I can sense when I am too keyed up to meditate. In those situations, I take a walk, do a strenuous workout, or put my energy to good use by doing yard or housework. The movement helps me to avoid ruminating about the situation and, even if I don’t get full clarity by the end of the activity, at least I did something good for myself or completed a chore. I also use this strategy when my calendar or case load give me reason to anticipate strong emotions. I make a point of working out before difficult depositions or important presentations. Even if short, I take walks or do some stretching or yoga the weeks I am in trial. At their heart, emotions are sensations which is energy. Movement can make you feel physically better and discharge some of that extra energy, so it is a great response to emotional surges.

4. Share them.

Lawyers sometimes must remind ourselves that we don’t have to handle everything on our own. As an introvert, this is true for me. When things are awkward, I tend hide them or try to fix them before anyone notices. Eventually I learned, though, that all the self-care strategies in the world are no match for the loved ones in my life. The reason is that our emotions can easily get mixed up with shame. Sharing our experience with those we trust is the most effective way to counteract shame. In many cases, our loved ones or trained professionals can’t change the situation or even offer wise advice. They can, however, remind us that we aren’t alone and our feelings matter and that is valuable.

5. Care for them.

The first few strategies emphasized some distance from one’s emotions to build stability in the midst of turbulence. Ultimately, though, practice with your emotions may reveal the truth that you can’t and shouldn’t try to become aloof from them. One amazing thing I have seen repeatedly is that compassion emerges when we feel suffering, whether it is our own or someone else’s. This isn’t to say you should always take on suffering or never use strategies to help yourself get distance when needed. It is to say that feeling our emotions and treating them like they matter is essential. This means being present for and accepting of ourselves even when our emotions are inconvenient, irrational, or uncomfortable. This doesn’t mean we always act based on our emotions, but it does require dropping the pretense that we can somehow rise above them.  

Law practice is a rational, logical, and competitive. If we are honest, though, it’s also highly emotional, intuitive, and relationship based. Emotional intelligence is not merely about recognizing emotions in ourselves and others. Because of the toll that law practice can take on legal professionals, it is also essential to learn strategies to honor and care for our own emotions. This is not just true because it can help you maintain or improve solid performance at work, but also because you are a human being and your lived experience matters.

In short, the healthy way to deal with emotions as a lawyer isn’t treating your emotions as a problem, but instead embracing them as a part of the human experience. Coming from someone who used to struggle mightily with this, I know that this takes patience, trust, and effort but these strategies derived from mindfulness and compassion can help.    

Want to learn more about mindfulness and compassion? Check out my new book, How to Be a Badass Lawyer, which is available now.

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