Book Review: The Confidence Gap by Russ Harris

What is confidence? That question lies at the heart of Russ Harris’ book, The Confidence Gap. Most of us view confidence as a feeling and, in fact, that is how most dictionaries define the term. Oxford defines “confidence” as “a feeling of self-assurance arising from one’s appreciation of one’s own abilities or qualities.” What this definition doesn’t tell us, of course, is when this feeling should or must emerge.

To be confident, is it necessary that one start out that way?

Whether we acknowledge it or not, most of us may assume that this is in fact the case. We may believe that good and necessary action emanates from an unshakable, and perhaps innate, belief in ourselves, our teams, or our values.

We may have watched the courageous actions of others from movies, history, or even our own communities that made it appear that their bold acts flowed from confidence. As a result, we may value confidence highly and simply assume that feeling confident is essential to living a worthy life. This, however, is the very confidence gap that Harris argues against falling into in his book.

A quote about confidence and how the feeling may not emerge until we do the challenging task

According to Harris, the confidence gap is the space between action and feelings of confidence.

He argues with clarity and wit that many of us believe that feeling confident is a necessary precondition to acting with force and skill. As a result, many of us never begin and take the action necessary to develop true confidence. Over time, this process can accumulate into a cluster of memories and fears that make us feel powerless, stuck, and drained.

The way out of this, according to Harris, is to instead accept the reality that anything challenging in our lives will inevitably cause most of us to feel unsure. In other words, Harris tells us to stop expecting and trying to feel confident from the outset.

Can mindfulness help us become more confident?

He suggests that we use mindfulness strategies to help us allow uncomfortable bodily sensations and acknowledge the troubling thoughts that may impede action. Harris suggests that neither thoughts nor feelings are themselves problematic if we can learn to “defuse” from (or not overidentify with) them.

As we go through this challenge and take on new risks, Harris also explains that a healthy amount of self-acceptance (or self-compassion as I would call it) is essential.

An image with a quote about confidence and not allowing fear to hold us back

Specific mindfulness practices that can help build confidence.

To that end, much of the book is devoted to describing strategies for defusing in detail, including my favorite, which is to sing your nasty inner commentary to yourself to the tune of “Happy Birthday” or to type the statements out and put them in a funny font.

I mean, doesn’t the phrase “I’m going to ruin my life.” seem less threatening when you type it out in pink Comic sans? And don’t these well-worn self-doubt phrases seem a little less dire when you sing them to yourself in the tune of “Happy Birthday”: “I’m a terrible mom. I’m a bad attorney. I am a total failure. My life is a mess.”

They sure do. Because, as Harris suggests, the words and the feelings don’t have power in themselves. They only have power because they can create discomfort in us that can stun us into inaction.

Giving ourselves space can help us bridge the confidence gap.

If we can use mindfulness strategies, however, to give ourselves some space and grace in the midst of that discomfort, we can still learn to move forward. That’s when we find confidence because we learn that fear can come but it doesn’t have to hold us back. In this way, Harris suggests that confidence is in reality a process rather than a feeling.

An image showing the use of mindfulness strategies to challenge thoughts that deplete confidence

You could learn a lot of the lessons from The Confidence Gap without reading the book. In fact, I liked the book because it seemed to explain back to me in logical and research-based terms what I had experienced in my own life.

I had always struggled with self-doubt and overthinking, but started to work my way out of those habits with years of mindfulness practice. Eventually, I learned my pattern: I would feel a rush of inspiration to try a new thing, then set out to try it, and then feel scared and want to quit.

Do you need a book to teach you these lessons?

After a while, my mindfulness practice became established enough that, instead of quitting or never starting at all, I learned how to not accept as true every thought that came to mind, care for my fear, and keep going. Over time, I noticed how often my fears were exaggerated and how rarely they affected my actual performance.

Now, even though few new challenges go by where I don’t experience some fear and doubt, I am far more confident in myself because I know what to do with the fear and doubt. Now, I just bring it along for the ride instead of letting it drive the bus.

Why The Confidence Gap is a worthy read.

The Confidence Gap (paid link) is a useful read because it can help you sort out the mélange of thoughts, sensations, and expectations that arise in the space between ideas and actions. The analysis in the book may help you understand what confidence really means for you and the strategies may help you avoid letting the confidence gap turn into a lifelong (or maybe just too long) inaction rut.

So, if you want more confidence in your life or to understand the subject better, check out The Confidence Gap by Russ Harris for insightful analysis, useful strategies, and a much-needed examination of what confidence means.

A quote that discussed how mindfulness can help you manage fear and doubt and thereby build confidence

The link to the book mentioned in this review is an affiliate link. The review is unsponsored and sincere but the link to Amazon is paid.

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.

Like this post? Subscribe to the blog here or follow us on social media:

Four Reasons Why I Don’t Like the Term “Imposter Syndrome”

It’s no secret that I am a self-doubter. I have struggled with it since I was a kid and, despite all my mindfulness training, I don’t think it’s ever going to go away. Doubt, it seems, is a part of my personality. So, you might be surprised to know that I don’t really like the term “imposter syndrome.” Clearly, I don’t dispute that the phenomenon occurs. And I know how self-doubt, even in the face of overwhelming evidence demonstrating competence, can harm individuals and the organizations who need their talents. But I just don’t like the implications of what the term “imposter syndrome” conveys. Here are a few reasons why.

1. It Pathologizes What Might Just Be a Normal Human Experience.

A “syndrome” doesn’t have to be a medical condition, necessarily, but that is the most prevalent use of term. By saying “imposter syndrome”, therefore, we are reifying the notion that self-doubt is somehow aberrant or harmful. Certainly, as stated below, I don’t doubt the potential for harm on an individual or social level. I am saying, though, that the idea of self-doubt as inherently problematic may not be altogether fair.

Sure, self-doubt hurts and at times it can put us in boxes that we may have to escape. But it is part of the human condition too. Self-doubt, like all so-called negative emotions and experiences, doesn’t necessarily have moral value. Instead, it’s a state that comes and may go if we learn to let it. In my experience, it’s also a personality trait that, when balanced with some care and courage, can have beneficial results. I’ve learned to accept that, though my own self-doubt drives me nuts on occasion, it also makes me check my facts and keeps me honest, humble, and connected to my human experience.

For this reason, I don’t like the implication that “imposter syndrome” is inherently wrong because that view can contribute to self-judgment and impede the understanding and self-compassion that are needed to keep doubt from impeding growth. I think the better approach is to recognize that self-doubt is a part of the human condition and to account for it, with appropriate supports, as part of the healthy path to growth.

2. It Suggests that We Should Feel Solid in Our Identities, Despite the Fact that They Are Always Changing.

Identity is at the core of imposter syndrome. The use of the term “imposter” is intended to convey an experience most of us have had: that other people will somehow discover we aren’t as perfect/talented/smart/capable/kind/beautiful/worthy/lovable, etc. as we may seem. If you break this down logically, you will see that the concern here is that our “true” identities may not measure up to the perceptions others have of us. If you know anything about Buddhist philosophy, however, alarm bells should be ringing in your ears because, according to that school of thought, no true identity in fact exists.

The concept of “not self” or “anatta” as it is traditionally called tells us that there is no stable and lasting self to which we can cling. And even if you haven’t studied Buddhism, you can experience this for yourself. Go ahead and look for your self. Or watch that self of yours behave over time and in different contexts. You can test me on this if you like, but I bet you’ll find it hard to find a sold, steady self in there driving the bus of your life.

What does this have to do with imposter syndrome? Well, imposter syndrome suggests to us that it’s a problem if we feel unsure about our identities. If you look at it from a “not self” perspective, though, it’s not a problem at all. It actually is far more consistent with reality than the so-called “confident” and “normal” people who don’t question their identities. Now, of course, when this analysis becomes protracted, painful, and gets in the way of necessary action or growth, that can become a problem. But those issues are likely to be the result of attempts to cling too tightly to identity. The way out isn’t to strive to feel more solid in our identities, but instead to recognize that identity shifts as life changes and so doubts about it inevitably may arise.

3. It Suggests that People Who Don’t Doubt Their Abilities Are Necessarily Higher Achievers or Better Performers.

How many times have you been told that confidence is essential to success? Probably many, many times, right? Well, did you ever ask that person what confidence means? If you did, they’d probably look at you quizzically and say something like “You know, feeling good about yourself. Feeling capable or self-assured. Feeling strong.” That’s close to the dictionary definition of the term “confidence” to be sure.

But, does this mean that, in the midst of a challenge one must in the present moment feel capable, strong, or self-assured to get good results? As a lifelong self-doubter and high-achiever, I can tell you that’s not true. Not all self-doubt impedes performance. As I’ll discuss when I review The Confidence Gap, it’s the self-doubt that impedes action which is the problem.

And that’s the problem with thinking of imposter syndrome as a syndrome. It doesn’t distinguish between the self-doubt that should be expected with growth and new challenges and the self-doubt that keeps us from taking the actions necessary to grow and face challenges. To truly understand that distinction for ourselves, we need to look at our self-doubt without judgment to see how it affects us.

If we assume it is inherently bad or detrimental, we may get the wrong idea that we are destined to fail or be stuck in our current circumstances until we can force ourselves to feel assured even in the face of risk. But, that’s not confidence, that’s bluster and potentially arrogance and it doesn’t necessarily translate to better long-term performance. So, instead of focusing so much on the detriments of imposter syndrome, it may be more effective to re-think what confidence really means.

4. It Suggests that the Problem Is with the Individual When We Are All Interconnected.

Finally, I don’t like the term imposter syndrome because it perpetuates the myth of separation. While the nod to identity in the term acknowledges that we are social beings with deep needs for social approval, most of the discourse on the subject has focused solely on the individual experience of it. Last year, the Harvard Business Review offered a refreshing take on the subject which suggested that imposter syndrome for many may be the byproduct of systemic bias. In this discussion, the authors suggest that it is time to dispense with the notion that individuals must fix themselves by overcoming imposter syndrome because, instead, we might spend our time better fixing the systems that have created it.

That’s a pretty good point but I might also add that there are some other cultural biases at play here, including the preference for certainty, authoritarian leadership, and the aversion to vulnerability and emotions in professional life. In this way, I’d agree that the emphasis shouldn’t be on “fixing” the people who have experienced imposter syndrome.

Perhaps, the emphasis should be on creating a society and workplace culture where people, including leaders, feel safe acknowledging risk and doubt. To do this, we probably need the talents and wisdom of the people who know what self-doubt feels like and what to do about it. If the advice continues to be that imposter syndrome must be shed before leadership and success can occur, we may never get the leaders who can help us make that change.

In short, I don’t doubt that imposter syndrome occurs. I have experienced it most of my life. But I don’t like the way it is portrayed most of the time because it is at odds with my mindfulness training and my life experience. I don’t think my self-doubt makes me a bad lawyer or poor leader. Rather, I think facing my self-doubt and learning to care for it is what makes me a great leader and courageous lawyer. So, instead of focusing on ridding ourselves of imposter syndrome, overcoming it or even fixing it, maybe we should learn instead to accept ourselves as we are and life as it is to build the skills needed to face the inherent doubts, risks, and uncertainties in life and work.

Like this post? Subscribe to the blog here or follow us on social media:

Grounding Practices Can Catch You When You Feel Untethered

When I was preparing for my first ever appellate oral argument, I remember a swirl of questions flurrying through my mind. What if the panel is hostile to my position? What if they don’t like my presentation? What if they ask the dreaded question that exposes the fatal weakness in my case? What if they ask a question that I just can’t answer? When you prepare for oral argument, these questions are normal and can even be a healthy part of preparation. But, ideally, they settle down before you walk up to the podium and say “may it please the court.”

I love oral argument and always have. Answering questions on the fly is fun for me. I did 3 moot courts in law school because I loved it so much. Today, when I have an argument or present to an audience, I fear a cold panel much more than an active one. So, it came with some surprise when I did my first oral argument years ago and I was more nervous than I expected. It was a straightforward argument, and my brief was strong. But still, standing in the lush but austere chambers of the Sixth Circuit made me feel shaky and out of control. So, what did I do?

I walked to the podium and placed my hands down. As I was awaiting a cue from the bench, I felt my feet on the ground and let the weight of my body stabilize me. Having made a conscious choice not to mentally flee the experience, I began my argument and gathered momentum along the way. A few minutes in, I got questions from the judges that made it clear to me that I had already won so I made the best choice I could in that situation: to quit while I was ahead. I made a conclusion, ceded my time, and sat down to watch opposing counsel try to fight off blows from the panel on rebuttal.

In retrospect, I now see that I had little reason to feel nervous. We got a favorable ruling days later that indicated that the judges had no trouble accepting my arguments. But I was still super proud of my work and not just because it was my first victorious appellate oral argument. Instead, I was proud that I stayed present for the whole experience and didn’t let my nerves get in the way of seeing facts in the moment so I could react skillfully to them. If I had not been paying attention, I could easily have plowed onward in my argument, unnecessarily risking raising dangerous issues or annoying the judges. Because I had managed my nerves, this didn’t happen and I didn’t lose any of the ground I had gained with my brief.

That’s what grounding can do for us lawyers in times of stress. Grounding is a practice of feeling the physical sensations of the body and most commonly emphasizes the sensations of being rooted to the earth. Most grounding practices suggest feeling the weight of one’s body or the contact that one’s body (such as the rear end, back, or feet or even hands on a podium) with the earth or other stable object. When emotions are high, this strategy works on a practical level because it helps us find stability when things seem beyond our control. It also helps us minimize the impact of a mind churning with thoughts that usually only serves to increase our anxiety. On a psychological level, though, grounding is the first step of courage.

When we root into our physical experience, we say “yes” to it on a fundamental level. We make a conscious choice to stay with whatever experience arises instead of retreating into the dark recesses of our mind. By rooting into our experience and feeling whatever is going on in our body, we implicitly tell ourselves that we can handle whatever uncomfortable emotions may come as we do.

In doing this, we open our minds up to what is actually happening in the situation, rather than merely seeing our preconceived judgments or being blinded by the things we fear. In a situation like an oral argument, where a single question could change the course of a case, clear awareness is critical. But the same is true for so many other areas of our law practices and lives. To be sure, our ability to be fully present affects the way we interact with clients so that they learn to trust and rely on us. It affects our ability to care for ourselves as we deal with the risk, time pressure, and stresses of law practice. And, it affects our ability to show our loved ones that we care for and support them in life.

So, if you experience a time in law practice when you feel unsteady, resist the urge to judge yourself or panic. Instead, it may be more effective to just find steadiness. Fortunately, no matter where you go (on earth at least) the force of gravity is always connecting you to your bodily experience as a human. Look for that sensation by feeling the weight of your body in the chair or your feet on the floor. Pause for a moment and rest in the feeling. Though it may seem like a small thing, this first, tiny act of courage may be all that you need to stay present, see clearly, and react with wisdom and skill to whatever life sends your way.

Like this post? Subscribe to the blog here or follow us on social media:

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.

Like this post? Subscribe to the blog here or follow us on social media:

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.

Like this post? Subscribe to the blog here or follow us on social media:

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.

Why Intervals in Meditation Are a Good Idea

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 in), 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.

Interval Training in Contexts Besides Meditation

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 for a Meditation Practice?

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.

Sometimes a Meditation Practice Needs Adjustment

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.

Meditation Should Work for Your Life

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.

Consider Trying Intervals in Your Meditation 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.

Like this post? Subscribe to the blog here or follow us on social media:

Book Review: Zen Golf by Dr. Joseph Parent

Cover image for blog post with book review of Zen Golf by Joseph Parent which discusses benefits of mindfulness in sports

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.

Golf is a mental game.

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. No, I wasn’t obligated to run suicides or fight 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.

An image with quote about how playing golf offers benefits for personal development including mindfulness and compassion

Zen Golf was recommended to me first.

So, when a lawyer who had seen one of my mindfulness seminars reached out to me this year and suggested I read Zen Golf (paid link) 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.

Zen Golf isn’t new but it stands the test of time.

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.

A cover image about how confidence emerges with mindfulness and compassion by learning trust in one's goodness

Who doesn’t want unlimited confidence?

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.

How to “make” every putt.

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 a successful 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 are within the player’s control, and lets the player off the hook for result, which (despite our frequently recurring delusions) is not.

A cover image with a quote about kindness and mindfulness in golf or other competitive activities

Zen Golf extends beyond the course.

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.

Zen Golf by Joseph Parent is a worthwhile read.

In short, Zen Golf (paid link) 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.

An image that includes a quote about the role of mental states on our pastimes implying why mindfulness can be essential for lawyers.

The link to the book mentioned in this review is an affiliate link. The review is unsponsored and sincere but the link to Amazon is paid.

Like this post? Subscribe to the blog here or follow us on social media:

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.

Like this post? Subscribe to the blog here or follow us on social media:

Book Review: Atomic Habits by James Clear

Cover image for blog post that says "Book Review: James Clear by Atomic Habits" and shows the book cover

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 start thinking about habits. When meditating, you will end up reviewing in detail your daily activities, the patterns of your mind, and the impact of your habitual reactions and behaviors.

The Connection Between Mindfulness and Habits

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.

Image with quote that says "Anyone caught in the snare of a bad habit knows that it can feel overwhelming and rob us of any motivation to change."

Was Atomic Habits Too Good to Be True?

So, I was not at all skeptical when I heard about James Clear’s Atomic Habits (paid link). 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.

Atomic Habits Is Popular for a Reason

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.

Image with quote that says "For 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."

Atomic Habits Offers a Roadmap for Habit Formation

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.

The 4 Laws from Atomic Habits

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.

Image with quote that says "discipline and willpower aren't the way to change habits, but instead processes, routines, and supports are."

Atomic Habits Isn’t Perfect

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.

Conclusion: Atomic Habits Is a Worthwhile Read

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.

Image with quote that says "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.

Like this post? Subscribe to the blog here or follow us on social media:

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.

Like this post? Subscribe to the blog here or follow us on social media: