This month, I decided to write on the theme of “humanity in the legal profession.” When I settled on this theme, it seemed at first like an easy concept to impart. But, as I sometimes realize when I sit down to write a brief, the writing process quickly reveals the gaps in my understanding. There are lots of things I love about writing but this aspect, humbling as it can be sometimes, is one of my favorites. It forces you to drill down on small things you might have otherwise overlooked.
In this case, the small thing I had overlooked was what does “humanity in the legal profession” really mean? Sure, I’d used the term “human lawyer” many times. I had considered to myself, if not said aloud, that I strived to show what it means to be a human lawyer. Still, I’d never thought about defining the term. When you write about a subject (especially as a lawyer) that’s usually a good starting point.
In this case, though, a dictionary definition was not helpful because I wasn’t trying to understand what the word “humanity” meant. Instead, I was trying to understand what it meant to demonstrate one’s humanity as a lawyer. To be sure, I had witnessed this in several ways in my own life. My family is filled with lawyers and so I was blessed to see regular examples of heartfelt care and concern expressed through legal guidance growing up. As a practicing attorney myself, I’ve benefitted from humanity from my colleagues and opposing counsel. And, on my better days at least, I have employed it too.
But still, the idea of humanity in law implies that it can’t be limited to just one lawyer’s lived experience. Fortunately for me, I happen to have a pretty robust LinkedIn network. So, I asked my lawyer friends there to tell me what being a human lawyer meant to them. Here are some of their answers.
Several respondents told me that humanity as lawyers had to do with how we show up in the world:
I think we are all human lawyers at heart. But we learn to muzzle our humanity to show up as who we think our clients want to see. Ironically, I think this is the exact opposite of what most clients crave. They want real, raw, empathy, humor, relationship. More transparency is the answer.
Still, it’s hard to swim upstream against the prevailing norms. I often encounter attorneys who are very reticent to share anything personal in their bio or express their personality in their content. This is a missed opportunity to stand out from the crowd. For the most part, clients choose you because of who you are and what you stand for. Not who you clerked for, your class rank, or the last case you won.
I actually say this just about every day! Human-first lawyering is a huge part of in-house practice. Lawyers (just like other humans) like jokes, and play fantasy football, and have interests outside of work and listen to punk rock. We’re just humans who went to law school and we learned some things there that can help you.
I am a human lawyer because I can speak of practical solutions not just legal ones and advise people to take pathways that are less disruptive to their mental health if they can still meet their basic goals.
Some lawyers even suggested that our humanity is essential for counseling clients, even when that means admitting to the limitations of the law:
As lawyers, our role involves “counseling” sometimes more than providing legal advice. Talking your client down from the ledge or from pursuing a vendetta or burning bridges or to encouraging the client to cut all ties and have a “divorce” from the opposing party. I handle probate, trust, and fiduciary litigation, which involves blended family situations or sibling discord. I remind people that sometimes, to be there for yourself, you have to “divorce” or disengage from that toxic or opposing party family member and maybe someday you might be able to see each other at Christmas but not this year. I believe in acknowledging our feelings and then, asking what can you do to feel that again or not feel that again. Acknowledge the client is stressed but also encourage them to concentrate on the next step, not the end result.
I think what can set you apart as “human” with clients is to be humble and admit when “the” answer isn’t clear or straightforward. I work in a science heavy area of law, with cases that are often full of unanswered questions of law. It’s hard sometimes for clients to understand that, but I have had many tell me they appreciate my honest and forthright answers… often after having talked to or worked with other attorneys prior. Sometimes a humble attitude is surprising to clients but it’s also earned loyalty and referrals.
Now, if like me, you have struggled with your humanity at times, don’t worry. A few of the respondents shared that you can remember or relearn your humanity even if, litigation for example, causes you to lose track of it for a while:
I bring humanity compassion and kindness to all my matters. I used to be a litigator and was becoming a jerk I switched to transactional work 17 years ago doing estate planning and business law. I now enjoy helping people set things up for the present and the future. I also perform about 240 hours of pro bono work every year. If there is anything that can be said for wisdom instilled by the elderly, it is treat people how you want to be treated and create memories because they are all you take with you and no one gets out alive.
I learned to be a human lawyer after experiencing the personal tragedy of one of my clients. I finally saw the true terrible price of a legal malpractice claim and realized that to help my clients (and myself) I needed a more holistic approach. I took a step back from just defending legal mal lawsuits and now attempt to address lawyers’ problems before disaster strikes.
So, there we have it. Humanity in the legal profession is about showing up as ourselves. It’s about honoring our emotions and those of others. It shines through brightest, perhaps, when we counsel with practical as well as legal advice. And it can even serve as our north star to get ourselves back to goodness if we lose our way in the difficulties of law practice.
Maybe there’s no unifying definition of what it means to demonstrate humanity in the legal profession, but it’s good that there are many examples of it. If you want more, check out The Human Lawyer Podcast. I was a guest on this podcast a few years ago and it curates the stories of some fantastic human lawyers across the country.
How do you show your humanity in your life and work?
Want to learn more about mindfulness and compassion? Check out my new book, How to Be a Badass Lawyer, for a simple guide to creating a meditation practice of your own in 30 days. And to share mindfulness with your little one, check out my new children’s book, Mommy Needs a Minute.
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I spent a lot of time this summer thinking and writing about compassion. For much of the summer, I was writing my forthcoming book on mindfulness and compassion for lawyers (more details on that to follow). I also completed the Compassion Educator Certification course with the Compassion Education Alliance. In the midst of all this writing and learning, I realized a gray area existed in my understanding of the subject.
Most of the time, teachers instruct self-compassion separately from compassion for others. But as I wrote about it and thought about it more I realized something unexpected: they weren’t separate at all. This was kind of surprising to me, so I asked my teacher and the founder of the Compassion Education Alliance, Aly Waibel (full bio below), to clarify. Her answer was so good that I asked her for an interview so I could share it with you here.
Q. Self-compassion is fortunately getting more attention lately, but is it any different from compassion for everyone else? If so, can you explain how?
AW: Compassion is the awareness of another’s suffering coupled with a willingness to take action to relieve it. Compassion is relational and so always includes self and other, by definition. The suffering we’re aware of may be in ourselves or another, and the compassionate response or the desire to relieve the suffering is similar, regardless of who is suffering.
Self-compassion is a new term, and was originated by Kristin Neff as an antidote to self-esteem, which is based on social comparison. The self component of compassion is important to develop as many of us are inclined or conditioned to offer compassion to others and we can forget about ourselves. We can forget that we are just as deserving of compassion as others, or forget to include ourselves in the circle of compassion.
Most of us have a negative critical voice in the head that is constantly narrating our experience with judgments, criticisms and preferences. This voice in the head can be like a bully or cruel tyrant. Self-compassion is a way to bring awareness to this negative self-talk in order to shift it toward more kindness. It helps connect us to our core values and strengths so we are more resourceful and available to others.
Q. So, why are we hearing about all these studies that say self-compassion is good for us? Why would we want to build self-compassion at all? Shouldn’t we just focus on building compassion overall?
AW: There are three RCT studies on the Mindful Self-Compassion training program and over 4000 published studies on self-compassion in other forms. This growing body of research suggests that self-compassion is a primary factor in predicting resilience, decreasing stress, and increasing wellbeing.
The benefits of recognizing our common humanity and offering ourselves the kindness we’d offer a friend are many. However, it’s one component of the bigger process we call compassion. Compassion is relational and our concepts of self and other arise simultaneously. Any time we practice compassion for another, we are the primary beneficiary, and when we practice compassion for ourselves, others in our lives benefit.
Q. Are you saying that self-compassion and compassion for others aren’t in opposition to each other? Do they actually work together/help each other?
AW: They must go together, like two wheels of a bike. We can’t have one without the other. If we go too far into compassion for others we run the risk of becoming codependent and if we go too far into self-focused compassion we run the risk of becoming narcissistic or indulging in unhealthy self regard at the expense of others.
It’s all about balance. When I’m attending to my own needs, for example, I’m less of a burden on my loved ones. When I practice self-inquiry to question the thoughts I’m believing that cause my own stress, I feel more freedom and peace. And then I’m more aware and available to others who may need support or help. When I’m overly self-focused, I miss opportunities to help others. When I’m overly other-focused I run the risk of becoming burned out and then, again, less helpful to others. Most of us have experienced going through a really difficult time or life event and how offering compassion to someone else in the midst of that can feel really good. In other words, shifting focus away from me and my suffering to be there for you can support us both.
So the caution around self-compassion, for me, is that it may sound like it’s separate from compassion for others, or compassion in itself. Compassion is one process – it flows through individuals and helps each one who is involved — the giver and the receiver. Eventually, the distinction between the giver and the receiver of compassion becomes much less relevant. So regardless of where the suffering originates (in me or in you) the response to it is the same — an awareness of it and a willingness to relieve it, to reduce overall suffering in the system or in the world.
Q. Wait, if there is no dividing line between compassion for self and compassion for others, how do I protect myself and set appropriate boundaries?
AW: My experience is that with compassion practice, boundaries naturally arise. I don’t need to calculate, plan or think about boundaries as much. The ‘yes’ and the ‘no’ are more natural and intuitive and flow more naturally. There’s less obligation to say ‘yes’ and less guilt when ‘no’ is the answer.
Q. If compassion is a natural response for most humans, why do we need to do practices to cultivate it? What’s the best way to get started?
AW: It’s sort of like working out. If we’re fortunate enough to have healthy bodies, we can work out and build our muscles to become stronger, or not. The body is innate and what we choose to do with it, or how we train it, is a choice. Compassion is like a muscle we’re born with that we can build with practices (meditation and visualization practices), so when we’re confronted with suffering in and around us, the compassionate response and capacity to relieve the suffering will be more likely to arise. Similar to how athletes will visualize their race or the game before going out to the field, remembering or imagining moments of compassion in a visualization or meditation can have a similar effect on our performance out on the field of daily life.
One of the best places to start practicing compassion is with mindfulness. Mindfulness is being with what is in the moment without judgment. You share great resources for getting started with mindfulness on your blog!
Most of us are very caught up in thinking – thinking about the past, planning for the future, judging others or circumstances, comparing ourselves to others, etc. We can get so caught up in and distracted by our thinking that we miss the present moment. And compassion requires our presence.
Aly Waibel has taught mindfulness and compassion courses and workshops since 2012 and she is a Senior Certified Teacher of the Compassion Cultivation Training course developed at Stanford University. Aly received her PhD in Teaching, Learning and Sociocultural Studies at the University of Arizona College of Education in 2015 and has served in nonprofit leadership roles since 2015. She is currently the Associate Executive Director of Professional Training and Operations at the Center for Mindful Self-Compassion. In 2021, Aly founded the nonprofit organization Compassion Education Alliance (CEA), a global collective that offers courses and support to compassion practitioners, educators and social change agents. She works closely with her fiancé, James Wood, author of Ten Paths to Freedom: Awakening Made Simple.
Want to learn more about mindfulness and compassion? Check out my new book, How to Be a Badass Lawyer, for a simple guide to creating a meditation practice of your own in 30 days. And to share mindfulness with your little one, check out my new children’s book, Mommy Needs a Minute.
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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 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 my new book, How to Be a Badass Lawyer, for a simple guide to creating a meditation practice of your own in 30 days. And to share mindfulness with your little one, check out my new children’s book, Mommy Needs a Minute.
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I know you are ready to go. It’s a new year, and after a year like 2020, you are ready to the new year your year. Your resolutions are made. Your motivation is high. You’re going to achieve those goals come hell or high water.
Except, you’re a lawyer, right? You know that high water inevitably will come. The energy and momentum of January quickly fades into the gray doldrums of February. I don’t know if it’s Valentine’s day or what but that month just has a way of turning those resolutions made only weeks before into regrets.
Lawyers Need Self-Compassion When the New Year Zeal Fades
I’m not trying to be a Debbie Downer here; I’m honestly not. I think it’s awesome that we humans want to improve and grow each year and I do not want to get in your way. I’m only suggesting, in the humblest of humble opinions, that perhaps it might be good to have a backup plan.
In my experience, you can as long as you use self-compassion. “Wait, what?” you might be thinking. “Are you seriously telling me I just need to be nice to myself?” Yes. Yes, I am. You—yes you!—need to be nice to yourself. I know you’re rolling your eyes at me right now and I’m fine with that. But hear me out. Did you know that self-compassion has been studied? There is this awesome researcher named Kristin Neff. She’s super smart and has studied self-compassion for over a decade.
It’s compelling stuff, but it leads to another question: how does one learn to respond with self-compassion? This is a fair question. After all, it is one of the easiest things in the world to get down on yourself when you don’t achieve a goal that’s important to you. Clearly, you would have achieved the goal if you were good enough, or worked hard enough, or were more committed, or wanted it more, etc., right??? Well, no, it’s not that clear. For us lawyers, life is rarely clear. We are trying to manage our lives, our families, our practices, and—on top of that—achieve new goals and grow. That’s not easy. It’s really hard.
A Simple Practice to Get Started
So let’s make this simple. Here’s an easy test to help you determine if you are reacting with self-compassion. I call it the “best friend” test. All you do is think of your best friend. Imagine that your best friend comes to you with the exact same problem in which you find yourself. Now, think of how you would respond to your best friend.
Let’s say your best friend wants to exercise at least 3 times a week but has struggled because she’s been dealing with family issues and a busy time at work. How would you respond to her? I bet you’ll find it is easy to be compassionate with her. Now, all you have to do is recognize that it’s you who deserves that love too. If you really struggle with this, just call your best friend and listen to what they have to say. When you have this kind of support, you’ll be better equipped to handle whatever life wants to throw at you, even the gray doldrums of February.
Where to Learn More about Self-Compassion
In the new year, I hope you have some amazing goals for yourself and I hope you crush them. As you go about conquering the world, though, be nice to yourself. If you need any more help doing that, here are some resources that you might find useful:
For a quick overview of Neff’s research, check out this interview of her on the Ten Percent Happier podcast.
For research, tools, and free compassion guided meditations, check out Neff’s website.
For more in-depth discussion of Neff’s research on self-compassion, check out her book.
Want to learn more about mindfulness and compassion? Check out my new book, How to Be a Badass Lawyer, for a simple guide to creating a meditation practice of your own in 30 days. And to share mindfulness with your little one, check out my new children’s book, Mommy Needs a Minute.
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