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Before the pandemic, I had almost never used Zoom at all but I have now litigated numerous virtual hearings and done too many webinar presentations to count. If the past year was good for anything, it at least forced me to learn how to take depositions and put on proof over Zoom. Virtual litigation offers many benefits, especially efficiency and convenience, but it is exhausting in every sense of the word. When litigation is already exhausting in normal circumstances, this impact cannot be taken lightly.

Even as we begin to come out of the pandemic, I think its fair to say that virtual litigation options are going to persist even if they are not so common as they have been in the last year. So, you may wonder if there are any tips or tricks for making virtual litigation a little less painful. Several lessons from my own mindfulness practice helped me stay steady during virtual hearings and they might help you too. Here are my tips:

1. Remember Your Limits

One of the first mindfulness lessons I learned is one that many of us lawyers often forget: we are not just brains. We have bodies. Those bodies have needs and limits. When we don’t respect those limits and honor those needs, our performance suffers and we experience a lot of needless pain. The way I handled this when litigating cases remotely was to be conservative in scheduling the cases on the front end. Rather than try to power through with 8-10 hour days on Zoom, we opted for ½ days spread out over time. While I was initially concerned that we wouldn’t finish even with the days allotted, we ended up finishing the proof early because we were conscious of time every day. This reduced the need for multiple breaks and allowed us all to avoid the fatigue and problems that came with prolonged time staring at the computer. Even if you can’t schedule a case this particular way, think practically about how long you can tolerate Zoom litigation as you set the schedule because remembering your humanity in scheduling will help the case go more smoothly.

2. Pick Your Battles

Another lesson my mindfulness practice taught me is that fighting is often unnecessary. Stipulations are essential for managing many hearings and trials to avoid wasting time on undisputed things. When you add the logistical complications of virtual presentation to the mix, that sentiment is even more important. In addition to stipulations of fact or evidence that could make things go more quickly, consider setting procedures or developing plans to make sure everyone is on the same page for the hearing. It may even be useful to hold a dry run with counsel for all parties to ensure that everyone is familiar with the platform you are using. While it may seem foreign to work closely with your opponent in this way, you may find that letting go of fights about minor things can help you all focus better on the disputes that really matter.

3. Plan for Disruptions

Anyone who meditates knows that disruptions happen no matter how much we try to avoid them. Likewise, anyone who has tried a trial or lengthy hearing knows that they almost never happen without a hitch. Prepare yourself for the disruptions. Have a plan for technology issues. Try to develop schedules of witnesses to avoid lag times if testimony goes quicker or slower than expected. In addition, it generally helps not to be a jerk about your opposing party’s situation because it will eventually happen that you are the one who needs the mercy. In one of my virtual hearings, I learned an hour before testimony was set to start that my daughter was required to quarantine due to a close contact at school. I was fortunate that my client, opposing counsel, and the hearing officer granted me a postponement for that day so I could pick her up from school. If my relationships had been less cordial, however, I may have gotten a different result.

4. Slow Down. Then Slow Down Some More.

Rushing is something we all do, especially when we are stressed, but my mindfulness practice has helped me notice it, slow down, and respond more skillfully to life. For most of us, hearings are going to make us stressed whether they are virtual or not. When you present virtually, everything goes through a filter so rushing can quickly become disastrous to your case. To avoid this, remind yourself as much as possible to slow down. Come back to your breath frequently or do a quick body sweep (check your brow, eyes, jaw, neck, shoulders, chest belly, hips, hands) to return to your body. If you are noticing the signs of tension or quick or shallow breathing, try to relax your body and open up your breath. You can do those things in a second or two and it can help keep you steady, focused, and even as you ask questions and present proof.

5. Get Some Rest.

Finally, another important mindfulness lesson is the importance of rest. When we let our attention settle on the breath, we give our minds a chance to stop trying for a moment. For us achiever types, even a little bit of rest goes a long way. When you sit in front of a glaring screen all day and have to listen intently to less than great audio, you need to check in with yourself after and give yourself a break. That likely means an activity away from your computer with some different sensory input. Your normal exercise or relaxation routine might be enough, but I found that I needed to pull out all the stops for my weeks of virtual hearings. In addition to normal exercise, I needed some extra yoga sessions, warm baths, and any time outside that I could get. When you are in a trial or a hearing, it may be tempting to dive right into your inbox piling up with emails but a well-timed break may make your efforts less painful and more efficient.

I hope we are leaving the COVID-19 era of social distancing but I think the brave new world of virtual litigation is here to stay. Litigating cases remotely presents its challenges to be sure, but the lessons from our mindfulness practices can help us to reduce suffering on Zoom in the same way that they help us to reduce suffering in our lives. If we remember to care for ourselves and bring awareness to the unique challenges and opportunities that virtual litigation presents, we can then focus our whole attention on getting great results for our clients.

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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Image of lawyer with quote that says "We lawyers can be both aggressive and compassionate."

Mental wellness is a top concern for many attorneys, bar associations, and firms. Meditation practices are often recommended to attorneys as simple, cheap, effective and research-based ways to ease and manage stress. Yet, one of the concerns I commonly hear lawyers, especially litigators, express is that they are worried that meditation will cause them to “lose their edge.”

Lawyers Want Well-Being but Fear the Results

As a litigator, I know clients praise attorneys for being “aggressive” and that even we lawyers often talk about litigation as if we are discussing war. Thus, there is some truth to the idea that to be an effective litigator you can’t have too thin of a skin.

Still, when you really break it down, the idea that meditation will make a litigator’s skin any thinner is kind of silly. You may wonder why someone trying to persuade you to meditate would use such a judgmental word to mock the concerns of fellow attorneys. Well, that that’s not actually what I mean.

I don’t mean lawyers are silly for being concerned about the importance of mental or emotional toughness in litigation. Rather, I’m saying that the thought: a meditation practice will make me less tough, assertive, or action-oriented as a lawyer—is funny. When you examine this thought in very practical terms it actually might make you laugh. Please allow me to demonstrate.

Meditation Is Not Magic.

First, the concern that meditation will cause lawyers to be less aggressive is based on an arrogant assumption. Seriously guys, if anyone was going to think of this argument it would be lawyers, right? It posits that, obviously, if any of us high-achieving lawyers set out to meditate we’d attain enlightenment in no time, with minimal effort, no resistance, no struggle, and our lives would be forever changed.

We’d immediately uproot all difficult emotions the first time we focused on the breath and it would supplant any tendency toward anger, reactivity, ambition, or competition. In a word, this worry about “being soft” sort of assumes that you will be good at meditation and attain instant chill.

Meditation Can Actually Be a Struggle

Those of us who have actually tried to meditate know that this isn’t likely to be true (unless perhaps you are Eckhart Tolle). For the vast majority of us, this process is much more gradual. The changes are more subtle.

The practice of meditation can help you make substantial and significant changes in your life, but it doesn’t change your personality or life goals instantaneously. In short, the idea that a meditation practice could derail your litigation practice on its own is tinged with a bit of magical thinking.

Mindfulness Won’t Change Who You Are Overnight

If you don’t believe me on this one, consider how you’d react if a friend told you that they were considering getting back into regular exercise but they were concerned that doing so would result in superhuman strength, speed, and agility that might disrupt their life. Such a concern may not be illogical so much as it is impractical.

After all, it would indeed be inconvenient if your friend inadvertently ripped off the driver’s side door while trying to get in their vehicle due to the superhuman strength they developed after only one weight training session. Yet, it would also be unlikely to happen. The same is true for meditation. You, yes even my beloved Type A lawyer friends, are very unlikely to become instantly enlightened after a few minutes of meditation. So just calm down and give it a try.

Meditation Helps You Pay More Attention Including to Changes in You

Moreover, the practice of meditation has been shown to help you focus and to pay attention to your direct experience rather than constantly being lost in a sea of thoughts. Therefore, if you start meditating for, let’s say, 5 minutes per day, you are more likely to notice if changes start to happen in your life or law practice.

Thus, it follows that if meditation is making you too happy or peaceful or filled with loving-kindness to be a good lawyer, you will probably see it. In that case, you can just stop meditating, adjust your practice, or do things like look at social media or TV news to raise your levels of aggression when needed for strategic purposes. In other words, you can cross that bridge when you come to it, but a regular meditation practice is likely to help light the path on the way to that proverbial bridge.

Lawyers Can Start Small with Meditation

Another thing I always think when I hear a lawyer worry out loud about the impact that meditation could have on their litigation skills is: “Whoa, how much are you planning to meditate?” Sure, if you are thinking of starting out for 8 hours a day, maybe the meditation practice might stand a chance of drastically and suddenly changing your personality.

Most notably, it could make you hate your life. Fortunately, for most of us mere mortals, a practice of a few minutes a day is all we can stand at the start. Do you really think a practice of 5 minutes a day is going to mean you can’t still be aggressive? You don’t think that. Nobody really thinks that.

Image of lawyer meditating with quote that says "When I hear lawyers worry that meditation will make them soft, I think 'Whoa, how much are you planning to meditate?'"

Meditation Can Help Lawyers Find Balance

Finally, I think litigators who worry that meditation may “change” their hard-nosed style forget that, with or without meditation, they are unlikely to be tough and competitive in all areas of their life.

I mean, are the lawyers worried that meditation will infect their soul with kindness and compassion saying that they are always tough, hard, difficult, and willing to fight? Are they saying that they don’t appreciate a softer touch, humor, kindness, or joy in any other parts of their day? My experience tells me that this isn’t what they mean.

Good Lawyers Have Many Skills and Traits

In addition to being a good, aggressive, calculating, tough lawyer, I am also a mom, a friend, a wife, a sister, a dog owner. On some occasions, these roles overlap. A few years ago, I called my husband from the courthouse steps while waiting on a jury to return a verdict to sing my toddler her night-in night songs.

Yes, my co-counsel laughed at me while I did so, but I was more worried about my toddler’s wrath when I returned home than I was about heckling from other lawyers. I hope you get where I’m going here: we lawyers can be both aggressive and compassionate. We can be incredibly forgiving and kind to our children and family and tough when we need to be for our clients. Sometimes we can, and I think we should, be both for our clients.

Meditation Makes Lawyers More Effective, Not Less

Compassion and care don’t detract from our ability to be strong when necessary. To the contrary, it is a normal and healthy way to live life. Balancing these emotions and different roles, of course, can be challenging and that is exactly why meditation practice can help lawyers to be not just “aggressive” but aggressive in a way that is effective for our clients.

So, if like me, you are a “mean” litigator and you are considering meditation to help you manage stress, increase personal happiness, and stop overthinking all of the time, you can start by not worrying that meditation will make you too soft. Meditation has drastically improved my litigation practice and I think it could do the same for you.