Sending Loving-Kindness to Opposing Counsel Can Make You a Better Litigator

If I had to pick one style of meditation to recommend for lawyers, it would be loving-kindness practice. When I present seminars on mindfulness, I take any opportunity I get to talk about the practice or share it in a guided meditation. Loving-kindness meditation became my lifeline early in my law practice when I was struggling with the combative nature of litigation. I often turned to it after a lengthy deposition with a difficult witness or when I was freaked out by a case or project. It almost always calmed me down or reminded me that the world was not as dark and terrible as I may have felt before I sat to meditate.

If you aren’t familiar with it, loving-kindness practice doesn’t merely focus on the breath. Rather, it is a dynamic practice where the attention is usually focused on sensations in the heart as you bring individuals and groups to mind and send them kind wishes. Traditionally, these phrases wish that yourself and others are safe, happy, healthy, and at peace and the practice usually starts with oneself and moves outward from a loved one, mentor, neutral person, difficult person, one’s community, and then the whole world.

If you are litigator like me, the first “difficult person” to come to mind may be the opposing counsel who most recently drove you up the wall. Now, for those entirely new to the practice, I don’t usually recommend starting that way because you may find it, well, difficult to send loving thoughts to an adversary, especially if you don’t like them or respect their tactics. But, over time, if you can work your way up to sending loving-kindness to opposing counsel, it can really help.

Now, I know you may be thinking “why would I send kind wishes to someone who is literally trying to hurt me (in a professional sense)?” When you put it that way, it sounds crazy, I know. When it comes to the difficult person, however, I see the practice of loving-kindness sort of like forgiveness. You don’t really forgive others to help them; you do it to help you. Wishing loving-kindness to an opponent or anyone you dislike can soften the reactivity you have for that person and give you space and distance from the situation. Even if you struggle to really feel love for a difficult person initially, just attempting the practice can help you see how your reactivity is manifesting and that might put you in a better position to care for yourself and act more skillfully in the future.

I want to be clear, though, that loving-kindness for opposing counsel is not forgiveness. You don’t have to forgive anyone to do the practice and you certainly shouldn’t ignore or condone bad behavior. Instead, the practice is really about acknowledging that all humans want and need to be safe, happy, healthy, and at peace. It’s an acknowledgment that, even when things appear to separate us from others, we are deeply connected to all people just by virtue of being human. Thus, the paradox of loving-kindness practice is that it gives us distance from our judgments of others by helping us see how we are all connected.

This may sound good in theory, but you may be wondering what it has to do with litigation. In fact, it’s ideal for litigation. I’ve used this practice for an opposing counsel that I often litigated cases against and whose style was drastically different from my own. While I can’t boast that all my antagonistic and judgmental tendances abated, a few sessions helped me see my opponent as a person, rather than some blocking force who made me angry on a regular basis. Now, we have a good working relationship despite our frequent clashes. On a practical level, this has made me calmer and treat opposing counsel with more respect so that we can work together to discuss case scheduling or stipulations or even settle a case when the circumstances are right.

It’s even useful when settlement or conciliation aren’t the aims. Some worry that doing practices like loving-kindness might turn them into a flower child who can’t aggressively advocate for clients. That’s not been my experience. The practice can certainly evoke strong emotions and soften the heart. But it does not empty the head of rationality or logic. Instead, by facing the emotions I may have for difficult opposing counsel and sending them well wishes, I have generally experienced a release that has allowed me greater mental clarity and increased objectivity when it comes to my cases. In turn, this has made me calmer in the courtroom, more incisive in my analysis, and far more courageous in my advocacy.

By no means am I saying that loving-kindness or any kind of meditation can make litigation an easy thing. As an adversarial process where the stakes are frequently high, litigation tends to be difficult on all parties involved, including the attorneys. The difficult nature of litigation, however, is exactly why it helps when attorneys know how to avoid making the situation worse. As odd as it sounds and as uncomfortable as it may feel at first, loving-kindness practice is one tool that can make litigation less painful and litigators more effective. Though it doesn’t make litigation easy, it can help you feel more at ease and that’s why it is the practice I most frequently recommend for lawyers.

Want to learn more about mindfulness and compassion? Check out our founder’s new book, How to Be a Badass Lawyer, which is available on Amazon.

4 Steps to Help Lawyers Handle Shame Triggers from Opposing Counsel

Though most of the attorneys I have litigated cases against are wonderful people who only want to represent their clients well, I’d be lying if I didn’t admit that some just like to play games. They don’t want to turn over documents that are clearly relevant. They don’t want to think practically when evaluating a case for settlement. And they want to object all the time just to be difficult. Sometimes this happens because people lose their patience, get too emotionally invested in a case, or have other pressures that affect their decisions. Since I am an imperfect human and litigation is stressful, I can forgive a lot.

The kind of game that is the hardest to forgive, however, is when lawyers attempt to play games with other lawyer’s minds. Perhaps the most vile instance of this is the intentional shame trigger. This happens when one attorney tries to control another without legitimate power or authority with comments intended only to make the other attorney feel bad. By now, most attorneys know that they can dance like nobody is watching, but must email like it may one day be read in court. Thus, I usually don’t see attorneys flat out calling names or spewing hate explicitly. Instead, most shame trigger attempts I’ve encountered have been embedded in a discussion of legal or factual issues. This can make them even more insidious, however, because it means that an opposing attorney without good intentions might be able to worm their way into your head without you realizing it.

What is to be done about this situation?  I’ve found that several tools from my mindfulness training have helped me avoid becoming distracted when opposing counsel throws out shame triggers. Here are my tips.

1. Recognize.

The first step for dealing with a shame trigger is to see when it is happening. Clearly, mind games in litigation can come in all sorts of forms, so there isn’t necessarily a single definition that can apply to all situations. Even so, I find that shame triggers tend to occur when one party wants something from the other, but they don’t have legitimate means of obtaining it. I’ve commonly seen this arise in settlement negotiations when opposing counsel wants me to increase my offer but doesn’t have a good basis for explaining why the risk necessitates an increase. I’ve also seen it occur when parties are discussing things like deposition scheduling or discovery and there is a lack of guidance from the court or civil rules about how something must be done. When the respective parties’ interests and preferences clash, shame triggers might be thrown out to intimidate or manipulate opposing counsel into doing what they want.

Now, of course, it is our job as attorneys to sometimes point it out when things about the other side’s actions or case are wrong. For instance, it’s not inappropriate to tell another attorney that their client’s discovery responses are overdue or that their legal theory has flaws. Shame triggers, though, aren’t pointing out a lack in the other party’s case or a failure to undertake an essential procedural step. Rather, they are intended to point to a lack in an attorney’s worth as a person or professional. The calling card of the shame trigger, therefore, is that they usually involve passing judgment on an attorney and are unnecessary to making a legitimate request or explaining a position in a case. If you notice this happening, slow yourself down if possible and acknowledge what’s going on before you do anything else.

2. Equanimity.

The thing about shame is that it really hurts. Humans have an innate need for the approval and support from our communities. We go out of our way to avoid feelings of shame and judgment from others, including strangers and people we don’t approve of ourselves. This is exactly why lawyers sometimes stoop to the level of tossing out shame triggers to try to get their way: they sometimes work. Thus, once you are aware that another attorney is trying to shame trigger you, the next step is to draw on equanimity.

If you can give yourself a few minutes to take a break from the situation, that might be enough to calm you down. Unfortunately, though, we don’t always have that option. In times when opposing counsel is playing mind games, I remember my objective for my client and my values. I also recognize that the point of nasty, shaming comments is to elicit an emotional reaction from me and to distract me from my purpose in representing my client. I remind myself that the true test of my worth as a lawyer isn’t what another lawyer might say about me in the heat of a dispute, but only my own actions. This helps me find steadiness and stability as I venture on to respond in a way that serves my client best.

3. Choose Your Response.

Because lawyers use shame triggers to try to exert control when real control is lacking, the best way to undermine them is to choose your own response. As a child who grew up in the 1980’s and 90’s, the image that comes to mind with this is in the final scene of Labyrinth when Sarah (Jennifer Connelly) proclaims “You have no power over me!” to Jareth (David Bowie), thereby dispelling the illusion that his emotional manipulation could dictate her actions. Just like Jareth, lawyers who use shame triggers can present as powerful with their bluster and arrogance but those behaviors often mask a position of relative weakness.

Does this mean you have to call out the other attorney as a shame-triggering hooligan who “has no power” over you? Not necessarily, though an explicit but skillful calling out when discussions get overly personal or aggressive may be necessary in some cases. In general, though, I prefer to just let my actions do the talking. After determining what aspect of the commentary from opposing counsel requires a response, I show my strength with my next move. This may be a motion or settlement offer based on my evaluation of risk or no move at all as I call the bluff of the other attorney threatening a motion of their own. In other words, I redirect my energy away from their emotion and judgment back to the legal and factual issues in the case where it belongs. Wherever possible, I try to project calm and confidence as I do. In doing this, I avoid wasting time arguing with other lawyers about the propriety of their conduct and I neuter any power the shame trigger might have had because I stay focused on the work for my client.

4. Care for Your Feelings.

Now, this is not to say that emotions can simply be ignored when dealing with nastiness and shame triggers from opposing counsel. As I’ve written before, emotions need to be felt and it’s usually a waste of time to pretend they aren’t there. Though I try to avoid making decisions about legal strategy based on my emotions, it is necessary to deal with them later on in an appropriate and healthy way. In the moment, this may include simply sitting with the feelings of frustration, anger, hurt, or even fear that may arise when opposing counsel uses shame as a weapon. Coupling this with some breathing to calm your body and self-compassion may be enough to steady you so that you can respond and address the situation.

When you have more time, I have usually found it necessary to release the emotions further. Physical exercise has helped me let go of frustrations and the stress of dealing with difficult opposing counsel. Self-forgiveness and self-kindness are usually essential because, in stressful situations with adversarial people, I rarely handle situations perfectly. More significantly, though, I have usually found it most helpful to share my frustrations without revealing client confidences with a loved one or colleague.

More than anything, getting the perspective of someone else helps me ensure that I was seeing the situation clearly, and to validate my experience. Sharing my feelings doesn’t make the other attorney’s conduct any better but it has always helped me feel less alone in dealing with it. Often in litigation, we are in a situation where we must learn not to act on our emotions, so it is essential at some point to reckon with and honor them as normal and human. You deserve this support because the work of an attorney is hard and important, but offering this ongoing support to yourself will also help you build confidence as you face new challenges.

Unfortunately, bad behavior from opposing counsel is part of litigation. To be sure, firms, courts, and the profession must do its part to police and reduce unnecessary personal attacks that arise in the litigation context. As those actions emerge, however, us litigators have the power to not add to the nastiness, to keep ourselves steady, and to focus on the work of our clients. Shame triggers from opposing counsel are too common in litigation but they don’t have to derail your work as a litigator or haunt you. With mindfulness, intentionality, and proper supports, you can stay steady as you litigate cases even with difficult opposing counsel, get the job done for clients, and build confidence in your own abilities.

Want to learn more about mindfulness and compassion? Check out our founder’s new book, How to Be a Badass Lawyer, which is available on Amazon.

Which Encanto Character Are You? Law Firm Edition

If you have small children or have just not been living under a rock for the last month, you probably know the lyrics to “We Don’t Talk about Bruno” by heart. Both of my girls are under 10, so although we don’t talk about Bruno we definitely have been singing about him, constantly, on a loop, for weeks now. And we have had vigorous philosophical debates about which character we like best and which is the worst. As someone who came of age in the era of internet identity tests, I couldn’t help but wonder which Encanto character I am. As a law firm partner, the next imaginings on the topic turned to my colleagues and lawyer friends.

When you think about it, the struggle of the family Madrigal in the midst of crisis and change isn’t too far off from the situations of many law firms trying to navigate technology, wellness, diversity, succession planning, and pandemic issues and move into the future. If you aren’t so sure, read on and find out which Encanto character you and your law firm colleagues might be.

Mirabel

Do you work in a firm and just stare blankly at people when they tell you that “you just have to find your niche”? You might be Mirabel. Although you haven’t quite figured out your superpower just yet, you are curious, collegial, and brave. If you have the support of compassionate firm mentors and enough freedom to explore, you might become a great leader because of your ability to see things that others ignore.

Abuela

Let’s be clear, the senior partners run the show. But, just like Abuela, they can become so fixated on stability that they block innovation and new leadership. At their worst, they may lead from fear and create toxic situations for others even when their intentions are good. Like Abuela, senior partners deserve respect for their ability to build stability in the midst of change over time but if that respect overawes all other voices the firm can’t evolve and it may alienate and stifle talented attorneys.

Luisa

In the firm setting, Luisa can come in many forms. They can be the big rainmaker who brings in the lion’s share of the firm business but feels burdened by the job. They might be the person who is effective at managing firm housekeeping and either volunteers or is voluntold for all the committees. It can even be that support staff member who goes out of their way to take care of others but gets taken advantage of when all the filing deadlines fall on the same day. These people struggle to ask for help and make a point of making things look easy. They are wonderful and critical elements of the team, but good firm leaders know to be proactive to check in on their status regularly to ensure that they don’t feel like a tightrope walker in a three-ring circus.

Isabela

The Isabela of the law firm is the person who shows exceptional talent and value in one area but struggles to expand their role. They may be an excellent writer or have a specific knowledge of technical issues that nobody else understands. Because these attorneys have found and excelled in their niche, they may usually appear like things are as sweet as rows and rows of roses. Growth, however, doesn’t just mean continued productivity and solid billable hours. It can also mean learning, trying new things, and surprising oneself with new skills. Safe firm cultures and open communication are essential to help these skilled attorneys avoid becoming pigeonholed so they have someone besides a recruiter to ask “what else can I do?”

Camilo

Camilo is the foil of Isabela. This is the attorney who literally believes he or she can do any matter that comes up. These lawyers are often plucky, scrappy, and unsinkable and law firms can often use that energy to their advantage. On the other hand, figuring out the true selling points and marketing an attorney with a practice like this can be as confusing as trying to find the real Camilo in any scene in Encanto.

Julieta

The COVID-19 pandemic may have put a temporary freeze on the person who brings cookies (or arepas) into the office to feed everyone, but the odds are that your firm nevertheless has a Julieta. For attorneys, this is the person whose office everyone runs to for advice or just to be heard. This could be a support staff member or administrator who goes the extra mile to not just do the work but also bring calm and kindness to everything they do. These people are mild, steady, and gracious. They may not always advocate for themselves but, because they are essential to the sanity of the entire organization, firm leaders should acknowledge and reward their efforts.

Pepa

All law firms like to say that they are collegial. I’ve heard most firms say how kind and decent everyone is. But I have never heard a firm claim that there are no drama queens around. It happens in every organization. The Pepa of your firm can bring the sunshine at a firm happy hour or party and may be quick to share a joke or story. They may also be the first to get lost in a storm of emotion when the network goes down at 4 PM and a brief is due. If this is you, surround yourself with steady, stable people and keep reading this blog so you can learn some strategies for managing stress.

Antonio

Unless you firm allows pets in the workplace, you may think there’s no place for Antonio in this quiz, but my obsession will not be deterred by anything so paltry as literal truth. In the firm setting, it doesn’t take too much imagination to see that Antonio’s skill of talking with animals can be analogized to the uncanny skill that some lawyers have in dealing with clients. Surely, clients are people just like us lawyers, but in most cases their brains were not warped by 3 years of law school so this can sometimes make communication with clients a struggle. The Antonio of your firm is the person who can speak the language of clients across industries and build deep and lasting relationships with them.

Dolores

The Dolores of the firm is the person who just seems to know what is going on even when the partners all believe incorrectly it’s a secret. They may or may not tell everyone about what they know. If you are friends with Dolores, try to listen more than you talk and you may learn some interesting things.

Bruno

Yes, at last, we are going to talk about Bruno. I truly hope that you don’t have any lawyers driven mad by their visions of the future living with rats in the walls of your firm. So, what is the Bruno of your law firm? Well, Bruno is whatever issue your firm doesn’t want to talk about. Maybe it’s compensation. Maybe it’s succession planning. Or diversity. Or low morale. All firms have a Bruno but it’s the ones that eventually learn to talk about it that will be able to stabilize their casita to continue serving the community in the future.

So, which Encanto character are you? It’s a fun question to ask, and many of us may exhibit elements of more than one character. But, for law firm leaders, the lessons in Encanto about crisis and organizational change may be more than just family fun. Just like casita, law firms are also full of stars who want to shine, but their leaders must recognize and account for the fact that constellations shift to keep the magic going.

Want to learn more about mindfulness and compassion? Check out our founder’s new book, How to Be a Badass Lawyer, which is available on Amazon.

Love Interval Training? Why Not Try It with Your Meditation Practice.

I previously wrote about how much I love Power Zone training and shared the lessons it taught me that could easily apply to life and meditation practice. Interval training, such as Power Zone, is an effective way to train the body and build physical fitness because it taps into the benefits of both high intensity efforts and periods of rest. When it comes to meditation, intervals may not be the first thing we think about because we may view the entire practice of meditation as a rest period. But, for new meditators especially, meditation can be challenging since most of us aren’t accustomed to relaxing and because it may put feelings and thoughts that we’d rather avoid front and center. Thus, while meditation is a practice that can ultimately help you deal with stress in life more skillfully, the truth is that it takes effort and discipline.

For this reason, it might actually help you to think about incorporating some rest periods into your meditation practice. I first learned about this idea years ago on a meditation retreat I attended. During one of the afternoon sessions (which are the the toughest for me because that’s when sleepiness sets it), the teacher reminded us to rethink our approach to meditation. He explained that, while we often designate a time period to meditate due to our busy schedules, we can play with the structure of our practice. In particular, he had us try a period of 4 minutes of meditation with alternating 1-minute stretch/movement breaks.

When I heard this, I instantly thought of all the HIIT (high-intensity interval training) cardio classes I’d done. With this style of exercise, you do short bursts of high impact exercise followed by lower impact, active recovery periods. Of course, what the teacher at the retreat was proposing was actually “LIIT” or “low-intensity interval training.” I soon discovered that it was, indeed, quite LIIT. After several long periods of meditation that day, it was a breath of fresh air just to try a new way.

Why does this matter? It matters because, as with fitness, meditation practice is destined to run into roadblocks if you do it long enough. You may have injuries or illnesses. You may have mental resistance. You may just not feel like it. You may still be developing the skills needed to support a practice. Sometimes it helps to keep going if you free yourself of the mental constructs you’ve created as to the “way” you are “supposed” to do it. As one example, I usually try to get 30 minutes of meditation a day. When I ran into a bad patch a while back where I just didn’t feel like it, I committed to 5 minutes a day. I often ended up sitting for longer because, by the end of the 5 minutes, my resistance had passed. More significantly, though, I still have a practice today.

On the other hand, I have also had times where I needed more than my normal 30 minutes a day to work through particular stresses in my life. The problem, though, as I have learned with years of practice is that I tend to have diminishing returns when I practice for longer than 30 minutes. My feet fall asleep, my knees and back hurt, and I tend to be so low on energy that I am almost asleep. In those times, I have instead broken up my long sit into two shorter sessions of 20 minutes with a few minutes to stretch in between. The results were much better and more helpful for me than trying to power through just 1 session of 45 minutes.

And that’s the point, isn’t it? The point isn’t to have an ideal practice. It isn’t to have a practice that competes with anyone else’s. The point is to have a practice that serves your life. So, while discipline is certainly part of any good practice, don’t put your practice in a box. If there is one thing my practice has given me, it is an awareness of the dangers of all or nothing thinking. Sure, 4 minutes of meditation may not be as “good” as 5 minutes, but it is way better than 0. More significantly, recognizing that 4 minutes might serve me better than 5 minutes on a given day is practicing self-compassion and self-awareness which, as a lawyer, I constantly need to practice.

So, if you are struggling to find the time to meditate or have a hard time sitting still for very long, perhaps you should consider adjusting the way you are doing it. Think about where you are in your life and, with kindness and generosity towards yourself, try a new way. That’s what the meditation teacher was saying when he told us to try intervals: don’t let your mind get in the way of your meditation practice. To do this, you have to factor in your body and heart along the way. Low intensity interval training for meditation is just one way that you could balance your practice to help your mind, while acknowledging the whims and needs of your body and heart.

Want to learn more about mindfulness and compassion? Check out our founder’s new book, How to Be a Badass Lawyer, which is available on Amazon.

Book Review: Zen Golf by Dr. Joseph Parent

I am not really a golfer, but I owe a lot to the game. Despite being a lawyer, I have only played at the occasional outing during my practice and even then have not been serious about it. In high school, however, I took up the game because my basketball teammate was an excellent player and needed another girl to round out my school’s newly formed team. Knowing right off the bat that I would have no obligation to be any good, it seemed like a low-pressure compliment to the physically demanding and lengthy basketball season, so I gave it a shot.

While playing golf was certainly a change of pace, I quickly found that “low-pressure” was not the word to describe it. Yes, I got to hang out on a beautiful golf course in the rolling hills of Northern Kentucky and chat with my teammates and competitors rather than run suicides or fight them for position on the court. Though my surroundings and relationships with competitors were comparatively more peaceful with golf, I soon learned that my relationship with myself was far more difficult. Suddenly, I had to learn to coach myself to focus acutely, deal with setbacks, and use my judgment to try to make the best of hard circumstances. After 3 years of high school golf, I never became a great player, though my team generally used my score and won some matches, but the game helped me start the process of becoming a decent adult.

So, when a lawyer who had seen one of my mindfulness seminars reached out to me this year and suggested I read Zen Golf, it was almost like a blast from the past. I have no ambitions for rejuvenating my own golf game, but having played, I knew immediately how mindfulness might help anyone who wanted to do so. Zen Golf is written by Dr. Joseph Parent, a sports psychologist who has worked with some of the world’s best golfers and a long-time meditator. In the book, he offers some basic instruction in mindfulness practice and describes strategies that he uses to help golfers struggling with various aspects of the mental game of golf.

The book is now 20 years old, so some of the references to golfers may seem a little bit dated. In the same way, knowledge and awareness of mindfulness meditation has skyrocketed since that time, so some of Parent’s sayings and references such as “Today is a gift. That’s why we call it the present.” may sound a bit hackneyed. Overall, though, Parent’s analysis of the many ways that the mind can block even the best golfer’s success and his recommendations for a path out are ones that I don’t think can get old.

For example, one of my favorite parts of Zen Golf was when he describes the concept of “unconditional confidence.” While at first this sounded like business-book drivel and made me skeptically wonder how one could expect to be confident all of the time, I quickly realized that Parent wasn’t talking about cocky bluster or promising 100% good results. Instead, Parent was explaining the Buddhist concepts of essential goodness and self-compassion. According to Parent, unconditional confidence didn’t come from results, but instead from a player’s acceptance of their own intrinsic goodness and choice, time and time again, to treat themselves with kindness regardless of the circumstances.

This concept came through best when Parent talked about his approach to teaching putting, which for many players can be the most maddening and heart-wrenching aspect of golf. Parent explained that golfers, much like Happy Gilmore, usually define success with a putt as getting the ball in the hole.  But Parent suggests a different approach that defines success with the process rather than the result. He says that a golfer has “made” a putt when they have a clean, steady stroke, use the appropriate force, keep their head down, and select and execute the right strategy. For golfers who play regularly, this makes sense because it emphasizes and rewards the process of putting, which is within the player’s control, and lets the player off the hook for result, which (despite our frequently recurring delusions) is not.

Clearly, this utility of this advice may extend well beyond the golf course. As a lawyer, it is often tempting to judge ourselves based on the results we get in our cases. Despite our best efforts and even when the law seems to favor us, we just cannot entirely control the results we get. Thus, as Parent suggests, it may make a lot more sense and be a whole lot kinder to ourselves if we judge success based on the things we can control: doing our best, putting client’s interests first, complying with ethical rules, and advising, assessing risk, and counseling along the way.

In short, Zen Golf is a good read for golfers or anyone who wants to understand the practical benefits of mindfulness. The book explains in easy-to-understand language how the mind-body connection works and the many ways mental states and assumptions can ensnare us and impede performance. It also offers many lessons for not just playing the game of golf better, but also enjoying it more and treating yourself better as you play. In this way, even if Zen Golf doesn’t make you a better golfer, it offers strategies and advice that may make you better at dealing with life.

Want to learn more about mindfulness and compassion? Check out our founder’s new book, How to Be a Badass Lawyer, which is available on Amazon.

Brilliant Attorney Profile: Hale Stewart Insurance Lawyer and Moving Meditator

One of the most common complaints I hear from new meditators is that they “can’t sit still.” My common refrain is that “you don’t have to sit still; you don’t even have to sit!” I’ve written about this before, but I am not sure I am the best emissary of this message. Stillness has never been the problem with my practice. Instead, I’ve craved it and relished every bit of silence I could get because my problems were excessive thoughts, doubt, and self-judgment. 

So this week, I am going to let the story of my friend Hale Stewart, an insurance lawyer and moving meditator, make the point. I have never met Hale in person but became acquainted with him on LinkedIn. He is the Vice-President of Recapture Insurance, an alternative risk financing wholesaler and he posts regularly on insurance topics. Because that area is adjacent to my own, which includes some insurance defense work, I became connected with Hale and his posts started showing up in my feed. Hale’s knowledge of insurance so vastly exceeds my own that I often couldn’t contribute in a meaningful way to his content, but he had a good sense of humor and always had a joke or funny GIF to offer on my posts about mindfulness. 

I never expected Hale to tell me that he was interested in meditation. His sense of humor told me he was a pretty no-nonsense type of guy and I know he told me outright at least once that he wasn’t the type to sit and do nothing. But, one day, out of the blue, Hale messaged me to say that he appreciated my blog posts because they were practical, simple, and had helped him. This made me super curious, so I asked Hale to talk about his mindfulness practice. Despite Hale’s prior intimations that meditation wasn’t for him, I found out that he had created a unique, effective, and robust practice for himself.

Hale told me that he meditated during his daily cardio workouts on the treadmill. He had started this after thinking about spirituality and stress management for a while. In addition to being an insurance lawyer, Hale is also a former professional musician. While that experience exposed him to and made spirituality a part of his life, the steady march of time and the stresses of the current day caused him to begin exploring meditation as a new way to take care of himself.

After searching the internet, Hale found some guided meditations to pair with exercise. Hale said he enjoyed them because the teacher didn’t use a wispy, mystical, yoga teacher voice, so he could just do the practices without distraction. By doing those practices for a while, Hale learned to guide himself through the practice and he now meditates on the treadmill for nearly an hour most days. His practice includes body scan to get into his body as he begins his workout, breath focus to stay present with his experience, and visualizations of rainbow (“ROYGBIV” as Hale called them) colors. 

Hale, it seemed, didn’t know or care that this was impressive. He didn’t seem to notice that a daily practice of that length of time was incredibly robust for a new meditator. He also wasn’t too focused on the fact that his practice ticked some important mindfulness boxes (mental focus, body awareness, and breath work) or that rainbow colors have traditionally been associated with the chakra bodies from yoga philosophy. Instead, what Hale cared about was feeling better, enjoying the workout, and getting benefits. Though his practice is not yet a year old, Hale reports that he is already reaping those benefits, including feeling more present and focused and rushing less.  

Several things impressed me about this story. First, Hale’s willingness to explore and try something new is commendable. People new to meditation can take the practice and themselves too seriously at first, which can impede the curiosity and playfulness needed for the practice to offer its benefits. Hale didn’t do that and instead explored to see what was out there and played with the practice to make it work for him.

As someone who took way too much time reading and thinking about meditation before I tried it, I was also impressed that Hale didn’t need a lot of theory to get started because he trusted himself. Many people new to meditation worry initially about doing the practice “right” but Hale built a practice based on what felt good to him. This isn’t to say that theory is unimportant or that teachers and books are useless. On the other hand, though, it demonstrates that there are many paths to mindfulness and that we don’t have to know the path perfectly to walk it well. 

When we talked, Hale confided that he had never thought of himself as the type to meditate because he wasn’t someone who could just sit there. Rather than let this idea hold him back, he paid attention to what he needed and embedded the practice into his life, rather than conforming himself to what meditation was “supposed” to be. So, now when people tell me that they struggle with meditation because they “can’t sit still”, I don’t have to convince them. I’ll just remind them that there are lots of ways to meditate and suggest that they go talk to my friend, Hale.

F. Hale Stewart JD, LL.M. is a Vice President of Recapture Insurance, an alternative risk financing wholesaler.   Hale has been involved in alternative risk for 12 years.  He has written two books on the topic (U.S. Captive Insurance Law and Captive Insurance in Plain English) and provides periodic commentary for IRMI.  A former professional musician, he remains an enthusiastic amateur jazz guitarist. You can learn more about or follow him on LinkedIn.

Want to learn more about mindfulness and compassion? Check out our founder’s new book, How to Be a Badass Lawyer, which is available on Amazon.

What Is Body Scan Meditation and Why Should Lawyers Try It?

When people think of meditation, they typically think of the breath as the focal point. But in truth, meditation can use almost any focal point and the focal point doesn’t necessarily have to be a singular, stagnant object. One of the most beneficial practices that I incorporate in my routine is the body scan. With this practice, the focus is on the sensations in the whole body, rather than exclusively focusing on the breath. Traditionally, this practice flows systemically through the body, flowing from one part or region of the body into the next.

Most commonly, body scan meditations start at the crown of the head and proceed down to other parts of the body until you reach the feet and toes. There are, of course, many potential methods and starting points for body scans. For instance, you could start with the toes and work up or do a body scan that focuses on the chakras or plexuses along the spine. Regardless of the particular method you try, the object of a body scan meditation is to feel the sensations in the body and notice what you feel, rather than to think about the body.

Body scan meditation can sometimes feel more manageable to new meditators because the practice is more active than breath practice. Because the focus of body scan is to flow through the body, the mind has to work a bit more to stay focused on the sensations in the body. For this reason, it may not seem as hard to keep the mind engaged with the focal point as it does in the early phases of learning breath practice. In addition, in my experience, getting into the body is a great (perhaps the best) way to get out of your head. It is for this reason that resting in sensations during a body scan can be deeply relaxing even to new meditators and after relatively short periods of time.

Body scan meditations are very useful for attorneys because they remind us to pay attention to and take care of our bodies. In law school, we learn to emphasize rationality in making decisions for our clients. While separating fact from emotion is critical, we lawyers are still human beings with human bodies. To do our best for our clients, we need to understand and respect the limitations of our own bodies so we can fulfill our responsibility to our clients. As I’ve written before, emotions are sensations in the body, so body scan practices may also have the incidental benefit of building emotional intelligence and tolerance when powerful emotions arise.

Even outside of emotions, however, the body awareness that body scan practice engenders can have more fundamental benefits for lawyers and professionals. Some of the most common bodily issues that can impede us from doing our best work are represented in the acronym HALT, which stands for hungry, angry, lonely, tired. These symptoms are fundamental to the human condition, but in our fast-paced world it is easy to skip lunch, push our emotions to the side, miss out on social opportunities, and deprive ourselves of sleep.

Body scan meditations are excellent for lawyers because they remind us that we are not merely brains filled with legal strategy, but people who must be fed, rested, and cared for. If you practice body scan meditation, you will develop the skills to notice the symptoms of various conditions and emotions in your body in the early and more subtle stages before they get to the point where they affect your performance, outlook, or demeanor. These skills are not only necessary to performing our responsibilities as lawyers, but they are also beneficial for anyone who wants to be a top performer in a high-stakes environment.

Finally, body scan is building block to support further growth in your meditation practice or just when dealing with the difficulties of life. When you start a meditation practice, it can seem like the focal point is the object of practice. As your practice advances, you may learn, however, that the focal point is really a tool. In other words, the point of practice is not just to focus on the breath or the sensations of the body. It is, instead, to build the skill of resting with the breath or the body.

If you can learn to do this with body scan practice, then you have one more tool at your disposal when meditation or life throws you curve balls. For example, perhaps troubling thoughts or overwhelming emotions come up during your practice. A meditator proficient in body scan might be able to shift focus to a less reactive part of the body, such as the feet, to rest from the experience until they find enough stability and calm to proceed with normal practice. You could also do this in life, if for instance you have tense meeting with opposing counsel and need to keep your cool.

In short, body scan is a simple practice to learn and may be more accessible to new meditators than other styles of practice. It offers many benefits that support a meditation practice and build coping skills for life. Lawyers in particular could stand to benefit from the practice, so give it a try.

Do you want to try body scan meditation? Check out our meditations that incorporate body scan techniques.   

Want to learn more about mindfulness and compassion? Check out our founder’s new book, How to Be a Badass Lawyer, which is available on Amazon.

Book Review: Atomic Habits by James Clear

Anyone interested in mindfulness is almost by default interested in habits too. Even if you start a meditation practice with the aim of finding just a little bit more peace and quiet in your life, you inevitably will end up reviewing in detail your daily activities, the patterns of your mind, and the impact of your habitual reactions and behaviors. If you give the practice long enough, you very likely may start to see the impact of your habits and be in a position to change them in a positive way.

This is what happened to me. Years ago, I was unhappy, stressed, lonely, and saddled by constant overthinking. I started meditating, created enough mental clarity and stability to see that I was making some fundamental mistakes, and I slowly started to change them. First, I started making more of an effort with my social life, then I reactivated my exercise habit, and finally I added creative pursuits into my life. Nearly a decade after my meditation practice started, my life is much improved and it’s largely because of some habit changes.

So, I was not at all skeptical when I heard about James Clear’s Atomic Habits. I knew that habits were important and I understand that even tiny habits could, over time, have huge consequences for one’s life. I admit, though, that I was just a little bit skeptical because I kept hearing, over and over again, about James Clear’s Atomic Habits. I heard so many enthusiastic reviews that my inner rebel/cynic thought it must be too good to be true. But, it’s January and I’m thinking about my habits like many people as we move all too slowly out of this global pandemic, so I decided to give it a shot.

After a few chapters, I immediately understood why people love Atomic Habits: it offers clear, concise procedural steps for building better habits and ending undesired ones. The book itself is a very easy read. It’s short and has crisp, concise chapters broken up into bite-sized pieces. Clear’s writing style is, well, clear. He writes in plain English and a conversational tone. Though he often supports his conclusions with scientific studies, he explains them with examples that most of us would recognize from popular culture or our own lives.

Perhaps the most appealing aspect of Clear’s book, though, is that it offers a much-needed structure to those of us who want to review and change our habits. Anyone caught in the snare of a bad habit knows that it can feel overwhelming and rob us of any motivation to change. As Clear explains, habits are incredibly powerful because, for a behavior to become a habit, we have to accept it as part of our identity and then practice it and hard-wire it into our brains. Undoing that process for habits we want to change, therefore, can seem confusing, daunting, and even futile.

To address this, Clear distills the process of habit creation into a succinct set of 4 laws: (1) make it obvious; (2) make it attractive; (3) make it easy; and (4) make it satisfying. By offering this system and strategies to support habit change at each phase, Clear’s process is a practical, logical, but also self-compassionate way of cutting through the inner resistance, doubt, and angst that goes along with any effort to change one’s habits. At the heart of Clear’s advice is the fundamental idea that discipline and willpower aren’t the way to change habits, but instead processes, routines, and supports are how to do it. As I have written before, I heartily agree with this approach and have experienced its benefits in my own life when I attempted to start exercising, lose weight, or cut down on my alcohol consumption. And I am definitely going to use some of Clear’s advice to address my current struggle of watching too much Netflix before bedtime.

So, am I ready to declare myself officially wrong to be skeptical about Atomic Habits? Not so fast. My habit of resisting admitting when I am wrong is pretty engrained, so I can’t let this review go without some critique. One thing I didn’t like about the book was that it sometimes made habit change sound a bit too easy. While Clear appropriately has a chapter devoted to the struggle of habit change, it is surprisingly devoid of personal experience with struggle. This may not have been so noticeable if the book had not begun with Clear’s compelling story of a high school head injury that set him on the path to becoming a habit guru. Another problem was that the book lost steam after the first few chapters because even its structure seems to follow a set of rules and it quickly began to feel formulaic and rote.

These criticisms, of course, are not enough to devalue the practical advice and actionable steps in Atomic Habits. Instead, they are perhaps wish lists for the future works I hope to see from James Clear and a suggestion to read the book one chapter at a time with a period to digest the content before moving onto the next. If you are thinking of habit change this January, Atomic Habits is a concise and easy read that is certainly worth your time.

Do you need some help making our meditation practice a habit? Download the Meditation Habits worksheet to apply some of the principles from Atomic Habits to get your meditation practice established as a habit. You can also check out our free ebook, Pause and Begin Again, to help you start or resume a meditation practice.

Want to learn more about mindfulness and compassion? Check out our founder’s new book, How to Be a Badass Lawyer, which is available on Amazon.

Review of Happiness by Thich Nhat Hanh

Editor’s Note: We originally published this review last June. As a tribute to Thich Nhat Hanh, who passed yesterday, we publish it again in gratitude for Hanh’s teachings and work.

You don’t really need to read all of Thich Nhat Hanh’s many books to understand his central teachings. This may be a good thing, since the world-renowned Zen master, peace activist, poet, and spiritual leader has written or had his talks compiled into so many books that it was difficult even to account for all of them. Over the years, I have read over 10 of his books, since they are readily available and seem to address any number of the problems in life. On one occasion years ago, I had been struggling to maintain calm during my youngest daughter’s tantrum phase and happened upon Anger in a bookstore. I saw it as a sign and purchased it, grateful for any advice I could get on that subject.

On another occasion, I’d had a fight with my husband and stumbled upon a pocket tome called How to Fight while hunting for diapers and baby food at Target. Hanh’s wisdom, it seemed, showed up whenever I needed it. Though I had not had the foresight to summon it, I at least knew enough to accede when the universe was trying to tell me something. So, this month, when I planned the theme for the blog as joy and happened upon Hanh’s book Happiness, it was too perfect to pass up. Like the other occasions, I hadn’t been looking for the book. Rather, in a happy accident, I found Audible Plus, which has a lot of free books for members, including a treasure trove of excellent books relating to mindfulness and meditation. While scouring through the titles, I came upon Happiness.

I found in that book what I found in most of his others: simplicity and truth. I had already read several of Hanh’s books before so I had a sense of what he would say is the key to happiness: to use your breath to come back to the present moment, no matter what you are doing or what circumstances you are in, and to treat yourself and all around you with kindness and compassion. In Happiness, that’s what he says in a nutshell and he offers examples, applications, and practices to help you do this in your life. All of those things are critical, of course, but I don’t keep coming back to Hanh because I needed to be taught those ideas. Instead, I keep coming back to his books because I need to remember them.

As a lawyer and mom, my life is so busy and changes so regularly that it is easy to get knocked off balance. I am frequently tired, overscheduled, and overwhelmed. If anything happens to trigger my perfectionism, competitive streak, or cause an onslaught of social comparison, it can be easy to feel like I’m on the wrong track and my efforts will never be good enough. The thing that helps me in those times is to remember what actually matters. And that’s what Happiness does: it reminds the reader that happiness is not something to seek out but instead something to relax into.

Book after book offers us hacks and self-help advice to fix our lives. In Happiness, Hanh says that your life isn’t broken, though he suggests in the compassionate way that only he can, that you may be missing the best parts. The key to happiness, he recommends, is to avoid becoming constantly distracted by your “projects” and to keep coming back to the present moment over and over again to discover how perfect it is. As he explains, when we let ourselves do that, we notice more how we feel, what we need, and how to connect deeply with people and face the problems in our lives. That’s how we find happiness.

“Yeah, but it’s not that simple,” you may be thinking. After all, life is hard. Real calamities happen. Being present doesn’t fix that. Of course, that’s true and Hanh, who was exiled from his home of Vietnam for nearly 40 years, doesn’t deny that. Rather than pretend, like so many books offering platitudes and life hacks that suffering can be avoided, Hanh argues instead that happiness is resilient enough, powerful enough to persist even in the midst of it if we can allow ourselves to experience it.

In this way, don’t read Happiness if you want a how-to or self-help book. Don’t read it if you are looking for easy solutions or hot takes on current trends. Don’t read it to improve yourself. Rather, read Happiness if you are sick of books like that and you want to just remember for a little while that you are fine just as you are. Read it to remember that slowing down, calming down, and being present for the experiences of life are the things that create real happiness. And, then, when you have forgotten all of that as you are bound to do, read another of Hanh’s many books to remind yourself again.

Want to learn more about mindfulness and compassion? Check out our founder’s new book, How to Be a Badass Lawyer, which is available on Amazon.

Four Ways Mindfulness Can Help You Recover When You Struggle with Goals

January is a time for resolutions, and for some of us, that can also mean a time for disappointment, reality-checking, and self-flagellation. It’s easy to set goals, but much harder to keep them. It’s also simple to see how a habit change might improve our lives, but very difficult to change our engrained habits. I commonly see friends and acquaintances lose steam with their goals or lose faith in themselves when they struggle with keeping resolutions. To avoid that, here are some mindfulness-based strategies that may help you get back on track.

1. Notice how you feel.

Setting a goal is likely to inspire feelings of empowerment and hope. That feels great. But struggling or failing to meet a goal feels terrible. When you encounter setbacks or failures, it is normal to feel hopeless, powerless, and worthless. While, in the moment, this really sucks, these feelings can over time serve as motivation for wiser action if you don’t resist them or push them away. Mindfulness can help us in times like this in many ways. First and foremost, it can help us stay with and acknowledge these feelings, which in essence are sensations in the body. In times of struggle and failure, it can be easy to ignore or numb the uncomfortable, even painful, feelings that arise. If you can allow yourself to notice them, however, they may help guide you to care for yourself better and learn from your mistakes.

2. Be your own best friend.

If you can be mindful of your feelings, thoughts, and emotions as you deal with struggle or failure, you are bound to notice some rather nasty internal talk. Though this is normal, it won’t help you learn or get back on a personal growth track. Nevertheless, we humans tend to be much harder on ourselves than we are with other people. The solution to this is to develop a habit of treating ourselves like we do our best friends so that we can activate self-compassion. Just ask yourself the following question: “If my best friend set a goal and failed to achieve it, what I would tell them?” Most likely, you wouldn’t be judgmental, critical, or mean. Instead, you’d be supportive, understanding, and caring. While this may feel strange at first, it will become natural over time and it will make failure and struggle a lot less scary.

3. Be aware of “all or nothing” thinking.

Once you’ve experienced and cared for your emotions, it may be appropriate and helpful to consider next steps. In particular, you may consider whether you should abandon or revise your goals or just get back to them. In doing this, watch out for all or nothing thinking. Sometimes, but especially in January, we can set goals for ourselves that are really geared towards improvement, though we can implicitly add in an unstated standard of perfection. For instance, if you set a goal to exercise every day in January, you may be discouraged when you miss a day in the first week. Does this mean the goal is impossible and you should quit? Not in my view. The goal wasn’t really about the streak. The goal was about establishing the habit. If you exercise 30 or 28 or 26 days out of January instead of 31, it seems to me you’d be pretty darn close to that. As you heal and learn from struggles with your goals, therefore, be aware of all or nothing thinking because accomplishing some of your goals can still represent amazing progress.

4. Remember your values.  

The best kind of goals are specific, actionable, and measurable. The dangerous part of this, though, is that goals can make us so laser-focused on one thing so that we forget the bigger picture. When I struggle with goals, I find it helpful to zoom out to get more perspective. I do this by considering not just the reasons I set the goal, but also my long-term goals for life. For many of us, we’d probably say that our goals for life include happiness, health, connection, and meaning. Those kinds of goals aren’t necessarily dependent on achieving particular objectives in life. Rather, they are achieved by living our deepest values in life. The beautiful thing about values is that you can live them in failure as much as you can in success. When I remember my values in this way, I remember what motivated me to set the goal in the first place and, in turn, that motivates me to be gentle with myself and start again.

Professionals and lawyers accustomed to meeting goals every day at work can easily forget that achieving personal goals and changing habits is really hard. Doing hard things becomes much more doable, however, when you use practices and develop habits that help you build resilience. Mindfulness practices can help with this because they help us remember that achieving goals is not just about discipline, but also about accepting life the way it is and caring for ourselves along the way. This January and this year, I wish you luck in achieving your goals but I wish even more that you care for yourself as you do it.

Want to learn more about mindfulness and compassion? Check out our founder’s new book, How to Be a Badass Lawyer, which is available on Amazon.