The legal profession faces a bewildering array of challenges. And when new computer technologies, evolving client expectations, and competition force changes on the profession and the way we do business, some of the tools that have served us well in the past may fall a little short. As a result, managing change when the “new” becomes “the normal” can be overwhelming. Unfortunately, too many attorneys react to the distresses of the law practice by isolating themselves and turning to unhealthy and dangerous actions and habits. This presentation offers a little bit of perspective on some of the reasons attorneys often are more susceptible to isolation and destructive behaviors, argues that a healthy mind is a crucial tool for all attorneys, and offers some practical strategies for surviving- and hopefully thriving- in an uncertain world.
3. Distress (Getting Stuck)
• Something is going to happen
• That Happening is going to be awful
• That Something is Going to Be My Fault
• (Repeat)
4. Tools of the Trade
• Uniqueness of the Practice
• Seek and Present Information
• Work on Your Own
• Avoid Risk and Find Certainty
• Think Criticially (With Skepticism, Pessimism)
• Compete
• Follow the Rules/Conform
5. How Do You Use the Tools?
• Seek Compensation, Clients, Advancement
• Get Affirmation (from Clients, Decision-makers,
Higher-Ups)
• Avoid Blame in a Zero-Sum Game
• Extrinsic and Linear
6. The Tools When Things Don’t Go
As “Planned”?
• When The Rules Change (Or There Are No
Rules)?
• In Your Personal Relationships?
8. Responses to Distress (Or the
Perception of Distress)
• The need to try and control it
• Suffering=Pain x Resistance
• Getting Stuck (Chemically and Otherwise)
• The Open Loop
9. What is Missing When Distress Sticks?
• The Capability to Manage Emotion
• Space to Consider How to Respond And Adapt
Rather Than React
• Context/Awareness
• Cooperation/Collaboration/Communication
(Listening)
• The Willingness to Change
10.
11. Another Tool
• Actively notice new things -->puts you in
the present -->makes you aware of context
• Awareness creates space (and vice versa)
• Widen Your Lens
• Adjust Your Tuning
12. One Definition- Ellen Langer
• Mindlessness- the application of yesterday's
business solutions to today's problems
• Mindfulness- attunement to today's
demands to avoid tomorrow's problems
• If you want to change it, you have to see it
for what it really is.
14. Create Some Space in Your Head
• Put some distance between stimulus and
reaction- and respond instead
• Use the breath and the body as an anchor
• Reduce the Fight/Flight/Freeze Response
• Work on being a student of your own mind
25. Make Space for the Good Stuff
• Document a Process Well One Time,
Never Have to Document it Again
• Documenting a Process- Fewer ?s
26.
27. Benefits of Checklists
(Documented Processes)
• Delegates
• Reduces Mistakes
• Promotes and Standardizes Best Practices
• Stays with the Organization
• Encourages Revision and Improvement
• Capable of Application in Other Areas
• Rewards Input and Collaboration
28. Create Space with Computer Tools
• Evernote
• Headspace
• Moment
• Podcasts
29. Create Space By Giving Time
• Be Generous of Your Time and Your Knowledge- Without
Expecting Anything in Return
• If You Are Taking Care of Yourself, You Will Take Care
of Others
• Build Empathy
30.
31. Questions?
Jack Pringle
Adams and Reese LLP
(803) 343-1270
jack.pringle@arlaw.com
@jjpringlesc
http://pringlepracticeblog.blogspot.com
1501 Main Street, 5th Floor
Columbia, SC 29201
www.adamsandreese.com
32. Resources
• Jeena Cho, The Anxious Lawyer, https://www.amazon.com/Anxious-Lawyer-
Satisfying-Mindfulness-Meditation/dp/1627226249
• Baba Shiv, How Do You Find Breakthrough Ideas?, Stanford Graduate School
of Business, http://www.gsb.stanford.edu/insights/baba-shiv-how-do-you-find-
breakthrough-ideas
• The Resilient Lawyer http://theanxiouslawyer.com/rl-23-jack-pringle/
• Farnham Street https://www.farnamstreetblog.com/
• One You Feed With Michael Taft http://www.oneyoufeed.net/michael-taft/
• Tim Ferris with Brene Brown
http://fourhourworkweek.com/2015/08/28/brene-brown-on-vulnerability-and-
home-run-ted-talks/
• On Being With Ellen Langer http://www.onbeing.org/program/ellen-langer-
science-of-mindlessness-and-mindfulness/6332
• You Are Not So Smart http://youarenotsosmart.libsyn.com/062-naive-realism-
lee-ross-0
33. More Resources
The Checklist Manifesto: How to Get Things Right, by Atul Gawande
http://www.amazon.com/Checklist-Manifesto-How-Things-Right/dp/0312430000
Smarter Than You Think: How Technology is Changing Our Minds for the Better,
by Clive Thompson
http://www.amazon.com/Smarter-Than-You-Think-Technology/dp/1594204454
Mindset: The New Psychology of Success, by Carol S. Dweck, Ph.D
http://www.amazon.com/Mindset-Psychology-Success-Carol-
Dweck/dp/0345472322
Give and Take: Why Helping Others Drives Our Success, by Adam Grant
http://www.amazon.com/Give-Take-Helping-Others-Success/dp/0143124986
Hinweis der Redaktion
I didn’t come down here to change your mind about anything, but to ease my own mind about everything.
Letter from ODC, Motion for Attorney’s Fees, Frivolous Claim, Partner in your Office
Stress not equal to Distress, Shame not equal to Guilt
Distress is Not Wanting What We Presume is Going to Happen
Law School is Different. "What do you call everyone in your office who is not you? A Non-lawyer.
The Law is a Jealous Mistress.
What does the law say. Bound by Precedent. BlueBook and Manual on Style
“A bundle of tense muscles defending our existence.”- Chogyam Trungpa Rinpoche
Extrinsic and Linear.
Kids and the Now
Ever Thought Your Way out of a Painful Emotional situation?
Cognitive Load An Information God and a Dopamine Dispenser
Saps your attention, and momentarily assuages all that discomfort.
And often you don't even notice.
Technology is neither good nor bad, but it is not neutral.
(worry, anxiety, discomfort) Problem is the Bear isn’t always chasing you. Are you running because you are scared, or scared because you are running. William James.
Thoughts and Sawyer- altruism project.
Resist, React, Kill the Pain
Work and effort. Struggle and fear. relaxing
What to Think
(We all got holes to fill, and them holes are all that’s real . . .)
(Turn Off The Brain)
A Reminder from Time to Time that Things Are Relatively Easy
(Why Do You Need Space?- Creativity-Risk-Vulnerability)
We are “problem solvers”, but often
unaware of the problem (especially when the problem is us)
Unaware of any clue how to solve it;
But absolutely certain that we do know or unwilling to admit otherwise.
Most of us live mindlessly all of the time-
Using the Tools We Have means we don't see the whole picture and miss what is right in front of us
Not there and not there to know we are not there
You are Not So Smart (False Consensus) – Lee Ross- believing that from situation to the next, people are more likely to do things or see the world the way we do. Ambiguity, doubt.
we don't perceive everything that is important.
Our brains and emotions don’t always make sense of the world
Naïve realism
(Not Presence but instead "noticing"- you can't make a decision to be "present")
(what do you mean "without judging")
Managing the fog of emotion
Being aware of your patterns
Getting space
Without judging
letting go of the illusion that we are in control
Beginner's mind and the ability to listen or evaluate without preconceived notions
One cannot learn what they already know. -Epicetus.
If you're offended easily, you're a bad resource allocator. It's a waste of energized gy & attention; a greater sin than wasting time- @tferriss
Train yourself to value most the things that can't be taken away.
Observation and perception
Observe people having sex
Parker J. Palmer- eustress.
Creativity=Curiousity > Fear (choosing Curiousity over fear). Something only special people do.
Rigidity in intention, but flexibility in implementation. One You Feed, July 20th
Get comfortable with discomfort, insecurity, doubt, and build the courage to change
From Ellen Langer and the HBR
(Sidebar on Courage) (get out of your comfort zone)
Fear is the misuse of a very powerful tool: imagination.
Less evaluative of other people; feel unique but recognize that everyone is also unique; ability to take risks.
Situational rather than personality-based.
Gets you off your back foot and in a posture of being ready to actively solve problems and create possibilities
David Allen and the open loop.
(early assessment, measure and manage, after-action)
Can you accept some criticism, share some credit, and allow for some mistakes?
Courage to Change) take risks, be seen, tell your own story.
(Best Measure of Courage is Vulnerability)- (You might as well show yourself, because people are going to form opinions of you anyway).
Hard not to be humble when you see the way your brain works. Curiousity, humility, awe.
Aren't Those People Who Never Take Off Their Masks The Most Unbearable?
Are You Trying to Get Better from a Good Place, or Trying to Fill a Hole?
I am really good, but I can be better v. I am flawed and I need to prove myself
If you are enough, and want to improve, that is different from always needing affirmation from others.
(Perfectionism is the 20-ton shield)- you can't be seen.
Being Here or Living for the Future
Curiosity and Being a Lifelong Learner
(Kind of difficult to drink 8 beers mindfully).
Omm Writer, Freedom, Leechblock. Email exacerbates the urgent to the exclusion of the important
You Need Sustained Attention
Technology is a (Constant) Distraction and Saps Attention
Minimize Your Beeps and Notifications (and your Interruptions and Meetings)
Guard Your Attention Jealously
Putting your trial notes in a locked file cabinet, or bury your oral argument tips in a field.
(via paper, blog, wiki, video, templates and macros, etc.)
(Why Use Your Head as a Storage Device?)
Call it a system if you like- produce, share use, re-use improve.
Letting Yourself Be Seen)
If You Are Not Admitting Mistakes, You are Not Allowing for Improvement.
(Everybody Bombs)
Yes And . . .
(Put Your Own Mask on) (When You notice Things about yourself, you notice things about others) (opposite of projection).
Shame can’t survive emphathy: (Shame Needs Three Things: secrecy, silence, judgment)
Be seen
If I am going to fall prey to cliches, I will choose these.