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

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

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

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

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

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

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

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

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

Want to learn more about mindfulness and compassion? Check out 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:

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:

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

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

1. Notice how you feel.

Setting a goal is likely to inspire feelings of empowerment and hope. That feels great. But struggling or failing to meet a goal feels terrible. When you encounter setbacks or failures, it is normal to feel hopeless, powerless, and worthless. While, in the moment, this really sucks, these feelings can over time serve as motivation for wiser action if you don’t resist them or push them away.

Mindfulness can help us in times like this in many ways. First and foremost, it can help us stay with and acknowledge these feelings, which in essence are sensations in the body. In times of struggle and failure, it can be easy to ignore or numb the uncomfortable, even painful, feelings that arise. If you can allow yourself to notice them, however, they may help guide you to care for yourself better and learn from your mistakes.

Image of a person starting to run with quote that says "setting a goal is likely to inspire feelings of empowerment and hope."

2. Be your own best friend.

If you can be mindful of your feelings, thoughts, and emotions as you deal with struggle or failure, you are bound to notice some rather nasty internal talk. Though this is normal, it won’t help you learn or get back on a personal growth track. Nevertheless, we humans tend to be much harder on ourselves than we are with other people.

The solution to this is to develop a habit of treating ourselves like we do our best friends so that we can activate self-compassion. Just ask yourself the following question: “If my best friend set a goal and failed to achieve it, what I would tell them?” Most likely, you wouldn’t be judgmental, critical, or mean. Instead, you’d be supportive, understanding, and caring. While this may feel strange at first, it will become natural over time and it will make failure and struggle a lot less scary.

Image of stones stacked in balance with quote that says "Sometimes, we can set goals for ourselves that are really geared towards improvement, though we can implicitly add in an unstated standards of perfection."

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

Once you’ve experienced and cared for your emotions, it may be appropriate and helpful to consider next steps. In particular, you may consider whether you should abandon or revise your goals or just get back to them. In doing this, watch out for all or nothing thinking. Sometimes, but especially in January, we can set goals for ourselves that are really geared towards improvement, though we can implicitly add in an unstated standard of perfection.

For instance, if you set a goal to exercise every day in January, you may be discouraged when you miss a day in the first week. Does this mean the goal is impossible and you should quit? Not in my view. The goal wasn’t really about the streak. The goal was about establishing the habit. If you exercise 30 or 28 or 26 days out of January instead of 31, it seems to me you’d be pretty darn close to that. As you heal and learn from struggles with your goals, therefore, be aware of all or nothing thinking because accomplishing some of your goals can still represent amazing progress.

Image of person jumping between two cliffs with quote that says "The best kinds of goals are specific, actionable, and measurable."

4. Remember your values.

The best kind of goals are specific, actionable, and measurable. The dangerous part of this, though, is that goals can make us so laser-focused on one thing so that we forget the bigger picture. When I struggle with goals, I find it helpful to zoom out to get more perspective. I do this by considering not just the reasons I set the goal, but also my long-term goals for life. For many of us, we’d probably say that our goals for life include happiness, health, connection, and meaning.

Those kinds of goals aren’t necessarily dependent on achieving particular objectives in life. Rather, they are achieved by living our deepest values in life. The beautiful thing about values is that you can live them in failure as much as you can in success. When I remember my values in this way, I remember what motivated me to set the goal in the first place and, in turn, that motivates me to be gentle with myself and start again.

Image of woman sitting by window with quote that says "Achieving goals is not just about discipline but also about accepting like the way it is and caring for ourselves along the way."

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

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

Meditation Is About the Practice and Not the Session

New meditators commonly worry whether their practice is doing anything for them. They often say that they struggle to sit still, experience a deluge or thoughts and emotions, and do not feel calm at all. Most teachers (including me) would say that this is normal and that the practice gets easier over time. But new meditators may wonder how this could be? How could it be that meditation sessions can feel so difficult–even painful at times–but can still be expected to impart the benefits of peace and calm over time?

I struggled with this initially too, until I remembered one important thing: the goal of meditation was not to get “good” at meditation, but rather to help me build a better life. When you are new to meditation, the practice can be alarming because it is likely your first close encounter with your mental chatter, bodily sensations, and emotions. Most lawyers today have active schedules and numerous demands on our time and attention. This means that we can easily just not notice what is really going on in our minds, hearts, and bodies.

Meditation can be so disorienting because all those distractions are removed, so we can experience our inner lives more directly. While this can be scary at first, over time we can learn to be watchful of judgment and harshness with ourselves. We can train our minds to rest in the sensations of the body and use the breath as a tool to focus and calm ourselves. And, we can watch and learn how a flurry of thoughts, emotions, and feelings can subside if we give ourselves enough time.

In this way, the struggles in early practice may actually be skill-building exercises. This is not to say that all struggles in practice should be handled on one’s own or that more sitting is always the answer. Individuals who have experienced trauma or who experience severe emotional or physical pain should always care for themselves first and seek out help from a trained professional, teacher, or loved ones. But, for many new meditators, the struggles in some meditation sessions are where the benefits of awareness, compassion, equanimity, and calm originate.

As an example, I experienced a great deal of physical pain on my first retreat because I had been accustomed to sitting only for minutes, as opposed to hours a day. My body hurt and that, in turn, made me sullen, irritable, and doubtful of myself and the practice. Eventually, the pain got so bad that I had no choice but to skip a sitting session so I could do some yoga in my room to try to feel better.

On the next session, I found myself much improved and I not only completed the retreat but was mentally present for the instruction and benefitted from it. The lesson from this, of course, was that I couldn’t expect my mind to grow when my body hurt. To be sure, this is a basic insight, but how often do we lawyers ignore the demands of our bodies because some other demand seems more important? Over the years, this lesson has helped me remember to care for myself first instead of always pushing through it and this has drastically improved my life.

This is why famed teacher Joseph Goldstein directs students not to evaluate one’s practice by one’s experience while meditating. Instead, he tells students to consider whether their lives are improving by considering whether they are rushing less, ruminating less, aware of their feelings and the feelings of others more, experiencing fewer physical signs of stress, and are happier. Even though I still experience difficulty in my meditation practice, I continue to meditate because all of these things have been true for me.

In short, the value of meditation comes from the practice itself and is not dependent on one’s experience in any single meditation session. While struggles during mediation are difficult to experience, those difficulties can help us build critical skills or examine detrimental habits, including judgment and harshness. Just like law, meditation is a practice because it never really gets easy. There is always room to grow, room to learn, grow, build skills, and better understand life and oneself. If you don’t get discouraged by poor experiences in individual sessions, the practice of meditation can help you create that room in your own life.

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

What I Learned from Writing about Mindfulness for a Year

Today is an auspicious day for me. It is the one-year anniversary of the founding of this blog. Clearly, blogging is not a novel idea. There are tons of blogs across the internet. And, even for lawyers, side hustles are not super rare. So, why is this a big deal?

I love writing and it helps me stay mentally healthy, so the fact that I have written consistently for a year is not all that surprising. What is surprising, though, is that I chose to keep writing even when I had other demands on my time. As a lawyer, mom, and community leader, I have to admit that it was not always easy to come up with topics and find the time to write each week.

Why I Celebrate a Year of Writing about Mindfulness

Perhaps, then, the thing I am celebrating with this one-year anniversary is that I made a commitment to myself and stuck with it. As a lawyer, mom, and community leader, I am responsible for and accountable to a lot of people. Living up to my commitments to them is incredibly important.

Because of this I have struggled over the course of my life with making commitments to myself. Though I am not necessarily a people pleaser, I have struggled with perfectionism most of my life. If I take on a job, I want to make sure I can do it well and I want to make sure my other commitments aren’t neglected.

Image with quote from blog post that says "mindfulness practice gave me the courage to handle adversity, the skills to stay calm when life is too busy, the space to allow a vision to coalesce, and the silence to listen to what my soul desires."

Writing Consistently Is Not Easy

Even though starting the blog seemed like a practical choice for me, since I’m a fast writer and loved writing about mindfulness, I was not totally convinced I would stick with it. After all, it’s one thing to do something for fun when the mood or energy strikes you and a totally different thing to commit to it long-term to build something new.

So, even when I launched the blog, I was a little bit worried that life or law practice would distract me or I would just lose energy and quit. Undoubtedly, this year has tested me on both levels. Life and law practice sent me many distractions. My energy was drained at times.

But I kept going, sometimes even when I wasn’t sure why. Today, as I write this, I think I finally get it.

Writing to Share a New Vision of Mindfulness with Lawyers

I kept going because I had a vision for building something new. I wanted to create a space to share my view of mindfulness with the legal community and the world. In other words, I wanted to use my voice and my passions to help create a better world.

As you might imagine, that’s a tall order. So, I have had to continually remind myself that it takes time. I have had to keep going even when I felt tired. I have had to be gentle with myself when things weren’t easy or didn’t go as I had hoped.

I have had to make a point of celebrating milestones, victories, or praise because I knew I would need the positive energy to sustain me during hard times. I have sometimes even had to just rely on faith when I thought I had no ideas and allow a post to emerge from me, seemingly without my conscious control.

Image of woman meditating on the beach with quote that says "Mindfulness isn't just a practice that builds the skills to survive life. It's a practice that can help you build the life you really want."

Writing Has Been a Celebration and Sharing of My Mindfulness Practice

In other words, this blog was born out of my mindfulness practice in more than one way. The practice not only helped me live life in a better way so that I could be the mom, lawyer, and community leader I wanted to be. It also gave me the tools I needed to take on even more and to let a new part of myself emerge.

It gave me the courage to handle adversity, the skills to stay calm when life is too busy, the space to allow a vision to coalesce, and the silence to listen to what my soul desires. When you have those skills, you can do more than merely achieve a goal; you can honor your deepest values while doing it.

That’s why I am so passionate about mindfulness. It’s not just a practice that builds the skills to survive life. It’s a practice that, if you let it, can help you build the life you really want. I’m proud that in its first year the blog has shared resources, ideas, and practices to bring mindfulness to lawyers and professionals.

I’m proud that I made a commitment to myself and stuck to it. And I’m proud to go into the new year as a lawyer, mom, community leader, and now established blogger. Thank you sincerely to all of the guest bloggers, readers, followers, and friends who have supported Brilliant Legal Mind and me. I hope we all find many more occasions to celebrate in the new year.

Image that says "Celebrating our first anniversary. Thank you to our guest bloggers, readers, followers, and friends."