2015 National Conference for Lawyer
Assistance Programs
October 20-22, 2015
Albuquerque, NM
Positive Psychology for Lawyers-An Effective
Intervention for Superior Professionalism
and Substance Abuse and Relapse Prevention
Hallie N. Love, Esq.
Positive Psychology for Lawyers – The Science of Sleep
By Hallie Neuman Love, Esq.
(This article, with footnotes added, will be published in the New Mexico Bar
Bulletin in September 2015.)
At the Breaking Point, a 1991 ABA Conference, concluded in its final report that
“there is a growing trend in the legal profession, which left unchecked, threatens
the well being of all lawyers and firms in every part of the country.” This trend
was a deterioration of the legal work environment, accompanied by declines in
lawyers’ career satisfaction, physical health, and mental health.
Twenty-four years later significant numbers of lawyers express overwhelming
stress, and rates of depression, burnout, substance abuse, and suicide among
lawyers are two to four times higher than the national average.
This article looks at sleep deprivation as a leading factor contributing to the
“breaking point.” Science shows a strong link between sleep deprivation and
depression, anxiety, and substance abuse disorders, and statistically lawyers are
the second most sleep-deprived and depressed profession in the country. Sleep
deprivation also affects attorneys’ abilities to perform optimally in their work, and
to function at the highest standards of professionalism. Sleep is an incredibly
important part of our biology, and neuroscientists are beginning to explain why
it’s so important.
By understanding how sleep affects brain chemistry, neural wiring, physiology,
and the stress response; by practicing proven interventions and techniques for
restful sleep; and by prioritizing sleep, we may prevent and reverse some
debilitating problems. Those hours of restorative time in the dark can literally
transform your work-life satisfaction.
What is the correlation between sleep and attorney well being?
Most of us are sleep deprived. In our high-powered, high-pressure career with its
grueling schedule, we are likely to sacrifice sleep to get ahead. But sleep is not
an indulgence. Skipping it can seriously hurt cognition, health, and well being. A
good versus bad night’s sleep is one of the biggest differentials you can have in
your quality of life. Here’s how sleep affects four major areas of your well being:
IQ: Lawyers’ success depends on optimal mental activity. In the recent American
Academy of Sleep Medicine documentary “Sleepless in America,” it is revealed
that sleep deprivation impairs our cognitive functions of decision-making, reaction
time, situational awareness, communication and memory by 20-50%. Additionally
there is a 40% deficit in the capacity of the brain to concentrate, focus, learn and
retain in order to make new memories, according to Matthew Walker PhD,
Professor of Neuroscience and Psychology, University of Berkley. In fact, getting
sufficient sleep makes you smarter and more productive.
EQ (emotional intelligence): In adversarial and sometimes hostile environments
lawyers’ well being and success requires rational and civil behaviors. It is well
documented that sleep is key to emotional regulation, which provides internal
resources to respond appropriately.
PQ (positive intelligence): Sleep elevates mood, provides access to positive
emotions, produces emotional resiliency, and provides a buffer against daily
stressors.
Health: There is an undisputable link between sleep and mental health. In fact,
mental illness and sleep are not simply associated but they are physically linked
within the brain, according to circadian neuroscientist Russell Foster.
The correlation between sleep deprivation and illness is also strong, and lawyers
are particularly susceptible to stress-related illnesses. The adversarial
environment lawyers frequently abide in can produce hostility and other negative
emotions that, in turn, may play a significant role in depression and heart
disease, and sleep is an important safeguard. Additionally sleep is proven to
boost the immune system, an important factor in cancer prevention.
What role does sleep play in Attorney Professionalism?
According to a renowned sleep restriction study by Dr. David Dinges, Professor
of Psychology and Chief of the Sleep and Chronobiology Lab at the University of
Pennsylvania, pulling an “all nighter” results in the same cognitive impairment as
being legally drunk. You cannot be your best professional self if you are
intoxicated at work and similarly, being sleep deprived may put you at
professional risk.
Sleep ties into the ability to make good decisions. When you lack sufficient sleep
you have poor memory, increased impulsiveness, and overall poor judgment,
which also puts you at risk for attorney misconduct.
With a good night’s sleep the part of the brain connected to emotional regulation
functions well, like a brake to the emotional gas pedal. You have the resources to
think and plan your responses rather than automatically operate in a reactive
stress mode. Indeed, excessive emotional brain reactivity, irritability, moodiness,
and disinhibition are some of the first signs a person experiences from lack of
sleep. These emotions do not bode well for civility required by the Creed of
Professionalism.
Further, healthy sleep is positively related to self-control resources, which aid in
the prevention and treatment of addictions, and reduce unethical behavior,
according to a sleep study by June Pilcher PhD, Clemson University.
If chronically sleep deprived, you may just spontaneously fall asleep with
embarrassing or even devastating repercussions. In a “Sleeping Lawyer
Syndrome” case, the attorney representing a criminal defendant fell asleep
numerous times during legal proceedings. (It was determined by the Texas
Supreme Court that while the defendant had a Constitutional right to an attorney,
the Constitution does not say that the lawyer has to be awake!) There is a
substance in the brain with the function to drive the need to sleep. When there is
a build up of fatigue, and when you reach your threshold, you may just go out like
a light. This uncontrolled spontaneous sleep phenomenon is often the cause of
“drowsy driving” accidents (100,000 accidents on the freeways in the US have
been associated with drowsy driving.) According to the ABA Journal article,
“Lawyers Second Most Likely Professional to Be in a Car Crash,” lawyers are
more likely than most other professions to get in car crashes, second only to
doctors, and lack of sleep may be the culprit.
What is healthy sleep and how can lawyers achieve it?
Sleeping pills and alcohol don’t solve the problem.
The currently available sleeping drugs impair motor coordination, attention, and
memory well into the following day.
Alcohol sedates you but does not provide real sleep. It is a biological mimic that
actually impairs some of the neural processing that takes place during memory
consolidation and memory recall. When you use alcohol to sleep (or within one to
two hours of going to bed) you may fall asleep quicker but it interferes with deep
restorative sleep, resulting in not feeling refreshed in the morning. Additionally,
as the body begins to metabolize the alcohol, it can lead to arousal and
increased wakefulness.
The National Sleep Foundation recommends seven to nine hours of sleep per
night for the average adult. Healthy sleep happens in five or six ninety-minute
cycles throughout the night of light, deep, and REM sleep. According to Gregory
Belenky who heads the Sleep and Performance Research Center at Washington
State University, “When you get less than eight hours of sleep you don’t see it
the first day, but you do see it in five to seven days. Unless you are doing work
that does not require much thought, you are trading time at the expense of
performance.” According to Richard Wiseman, Professor of Psychology at the
University of Hertfordshire and author of “Night School”, when sleep is less than
seven hours there is an escalation in obesity, diabetes, cancer, Alzheimer’s
disease, cardiovascular disease, depression, and substance abuse. Further, a
renowned two-week sleep study by David Dinges PhD, Professor of Psychology
and Chief of the Division of Sleep and Chronobiology, University of Pennsylvania
Perelman School of Medicine, found that subjects who slept six hours per night,
were as impaired as individuals who (in a different study) tested at the cognitive
equivalent of legal intoxication after being deprived of sleep for twenty-four
consecutive hours. Another key finding from this study was that sleep-deprived
people are poor judges of their own sleep needs, i.e., people who slept four or six
hours per night said the sleepiness did not affect them, when in fact their
performance had “tanked.”
Sleep produces crucial psychological and physiological processes that can only
happen during healthy sleep. Here are a few examples:
During sleep your brain is reviewing the day, processing memories, and storing
important things in “files”: this procedure results in waking refreshed with
renewed resources to deal with daily stress. Without this process, you are left
with a stressful psychological jumble as you wake up with unresolved tensions
and are less resilient during the day.
Important body maintenance happens during sleep as well. Activities associated
with digestion, and cell repair and growth are greatest during sleep according to
Dr. Thomas Scammell, Harvard Medical School. Additionally, functions related to
blood sugar, blood pressure, metabolism, food cravings, fat to energy, and
immunity all occur during sleep. Without this critical maintenance the body is in
stress mode and more susceptible to diabetes, cardiovascular disease, obesity,
and cancer.
Being tired makes it harder to be happy. Sleep deprivation hits the part of the
brain called the hippocampus where you process positive stimuli for overall well
being. Another part of the brain called the amygdala processes negative stimuli.
In a study reported in the book “Nurture Shock,” sleep-deprived students failed to
recall positive memories, yet had no trouble recalling gloomy ones.
Sleep may be a critical factor in the prevention of Alzheimer’s disease. Recent
research by Charles Czeisler, MD, PhD Chief Division of Sleep Disorders
Harvard Medical School, shows that during sleep the brain clears out toxic
chemicals that are byproducts of neural activity. A protein associated with
Alzheimer’s that researchers believe causes brain cell death, accumulates in the
brain, and clearance of that toxic substance is greater during sleep than
wakefulness. This finding has led certain researchers to hypothesize that the
flushing out of this protein is one of the most important functions of sleep.
The science of sleep informs us of biological and psychological systems involved
in falling and staying asleep, as well as smart behavioral habits for restful sleep.
Four main components are involved to help you transition into sleep:
1.There’s a biological timer in your brain that counts the number of hours you
have been awake (and the longer you are awake the sleepier you get.)
2. This timer needs to synchronize with the Circadian Rhythm clock in your brain.
It needs to be reset every day and the reset happens with light. In bright light
(including blue light from computers, smartphones, and TV), your body is awake
and alert. In the absence of light, nerve cells at the backs of your eyes are
activated and send signals to your brain to produce melatonin, which makes you
feel sleepy.
3. You need a calm mind. This is often the most challenging element for lawyers
because we are so overwhelmed with deadlines and oppressive “to-dos” that we
have trouble shutting off our brains. Mindfulness training and deep relaxation
techniques are often the best answer to flipping the switch and falling asleep.
Sometimes you just fall asleep when your head hits the pillow because the
physical need for sleep is so overwhelming, but without a calm mind you only
stay asleep for one to three hours, and then your mind breaks through and
ruminates, thinks, or worries and you wake up, and then have trouble getting
back to sleep.
4. It’s important to not take emotional issues, reoccurring thoughts, subconscious
tensions and stress to bed. These issues are better resolved or relaxed during
the day with techniques such as positive psychology exercises and mindfulness
methods (described in prior “Positive Psychology for Lawyers” articles published
in NM Bar Bulletins), or short naps (eight to ten hours after waking and no more
than thirty minutes long so as not to reset your “biological timer”) or “nap
alternatives” (such as iRest®, www.iRest, also described in a prior NM Bar
Bulletin).
It is also important to practice habits of good “sleep hygiene” such as:
• make your bedroom a haven for sleep - as dark as possible and slightly
cool;
• avoid blue light and reduce light exposure in general an hour before bed –
the brain mistakes it for sunshine and tells you it’s time to wake up;
• don’t drink caffeine late in the day;
• try to have a regular sleep-wake schedule; and
• stay away from a large meal close to bedtime.
Conclusion
Sleep science proves that sleep is not an option. Just like food, water, and air –
we need it – enough of it and in good quality. But sleep and lawyers don’t always
mix. There may be a “work now sleep later,” or “I don’t have to sleep” mentality.
You need to take sleep seriously. Good sleep increases your concentration,
attention, ethical decision-making, and mental and physical health. At the same
time it reduces stress, hostility, impulsivity, and the tendency to drink and take
drugs. You can't cut corners on sleep and have it not affect you. You
tremendously benefit from those restorative hours in the dark.
Finding Equanimity Wherever You Are: On the Job, at Home and Even Under Pressure
By Jill Anne Yeagley, Program Administrator
Lawyers and Judges Assistance
In April 1991, concerns led the American Bar Association to convene
a conference, At the Breaking Point, and issue a subsequent report in
which they concluded “there is a growing trend in the legal profession, which left unchecked, threatens the well-being of all lawyers
and firms in every part of the country.” This trend was a deterioration
of the legal work environment, accompanied by declines in lawyers’
career satisfaction, physical health, and mental health.
chemicals that help reduce toxic cortisol release during stress and lead
to significantly lower levels of anxiety, depression, discontent, dissatisfaction, and anger. A growing body of evidence-based research
in positive psychology demonstrates that you can train your brain
for rational optimism, and that happy people have higher levels of
productivity, perform better in leadership roles, and are generally
more successful.
Twenty-one years later, significant numbers of lawyers still report
experiencing extensive pressure and tension, and studies continue
to find rates of depression and substance abuse among lawyers to
be two to four times higher than the national average. Although
thousands of lawyers receive valuable help every year from their
states’ assistance programs, far too many will continue to experience
the deleterious effects of chronic stress until effective prevention
practices become part of the professional culture.
iRest® was recently endorsed by the U.S. Army Surgeon General and
Defense Centers of Excellence as a complementary and alternative
medicine (CAM). The Department of Defense is successfully using
iRest® as a treatment for trauma and stress for soldiers returning
from Iraq and Afghanistan, and its use by ordinary, “stressed-out”
individuals is growing at business and community programs, hospitals and clinics, and universities across the country.
In an effort to support a needed cultural shift, the New Mexico
Lawyers and Judges Assistance Program (JLAP) and the Young
Lawyers Division are excited to sponsor an introductory training
on Feb. 15 for a research-based method of stress reduction titled
Integrative Restoration (iRest®).
Developed by Dr. Richard Miller, a clinical psychologist and
researcher, iRest® is a systematic form of guided deep relaxation/
meditation. More elaborate than other types of meditation, iRest®
brings immediate physical benefits such as reduced physical pain
and better sleep, and it has specific components designed to bring
a sense of ease and equanimity into one’s work and personal life.
Research studies show that iRest® slows down the brain waves and
allows individuals to feel deeply relaxed while in a state of restful
alertness. It is usually taught lying down, but with practice it can
be done in many circumstances, even while walking or flying in an
airplane. Best of all, it is enjoyable and deceptively simple to learn.
Practitioners report often experiencing the effects of three to four
hours of sleep in less than 30 minutes of practice and completing
the practice refreshed and ready to resume work.
Regular practice of iRest® is thought to increase serotonin, dopamine, and oxytocin levels. These are the “feel-good/happiness” brain
The instructor for the Feb. 15th training is New Mexico attorney and
nationally certified Yoga Alliance E-RYT500 trainer, Hallie Neuman
Love, BFA, JD. As an iRest® instructor, yoga therapist, and Pilates
core trainer, Love has taught thousands of people for more than a
decade how to feel more balanced, pain free and happier. Having
received advanced teacher training from Miller and the Integrative
Restoration Institute®, she specializes in teaching iRest® for lawyers.
Love and co-author/law professor Nathalie Martin are currently
writing a book for the American Bar Association entitled Yoga
Therapy for Lawyers: Mind-Body Techniques to Feel Better All the Time.
University of New Mexico Associate Professor of Psychology Dr.
Bruce Smith regularly uses iRest®, having been taught by Love. Smith
has written over 50 articles in peer-reviewed psychology and science
journals, trained at the National Institutes of Health in functioning neuroimaging, and teaches a course in positive psychology. He
describes his personal iRest® practice as:
the most effective way that I have seen to put yourself
into a deep state of relaxation that provides rest and
rejuvenation and at the same time puts you in an alert and
focused state. I’ve used it during the day to prepare me
for challenging and important tasks and in the evening
for relaxing and improving my sleep even after some very
stressful days. The CDs allow you to continue to learn
and grow in the practice.
Discover iRest
®
$40 introductory session on Friday, February 15
1–5 p.m. in the State Bar Keleher and Rodey classrooms
Space is limited.
Call Jill Yeagley at 505-797-6003 to register.
8 Bar Bulletin - January 30, 2013 - Volume 52, No. 5
If you find this information intriguing but still aren’t sure if iRest®
is for you, consider what some New Mexico attorneys are saying
about this course:
1:
Research shows iRest®:
“. . . my productivity at work has skyrocketed. . . my
state of mind is balanced. . .much more at peace for
the rest of the day. . . .
• D
ecreases stress, anxiety, fear
and depression,
• D
ecreases perception of chronic
and acute pain,
“The legal profession is challenging and stressful. To
be a “well attorney” requires more than average stress
management. iRest® is a power tool for attorneys.”
• Improves interpersonal relations,
and
“Prior meditation classes have felt like failures. This
practice worked for me, and I felt alert and invigorated
afterwards.”
“I was making myself sick with stress. . . . After iRest®
I felt much calmer and 200 percent physically better.
No more migraines. . . now able to listen patiently to
others. I feel more positive, less burdened, and the hard
things in my life go a whole lot easier. I sleep better too.”
“I felt relaxed and calm after the practice. I think many
lawyers would benefit from this course. A more balanced
and present attorney is a more effective attorney.”
• Increases energy levels.
2:
Practitioners report experiencing the
effects of three to four hours of deep
restful sleep in less than 30 minutes of
iRest® practice.
TLC Cares
This Legal Community Cares
TLC Cares enables each of us to reach out to those
within the legal community who experience a
catastrophic illness, injury or other unfortunate
circumstance.
TLC Cares is open to all members of the New Mexico legal community
and their families, including court personnel and law firm employees.
To join the TLC Cares network, please send your email address to [email protected].
For more information, contact Jill Yeagley at 505.797.6003
Supported by the State Bar of New Mexico and the New Mexico Supreme Court.
Bar Bulletin - January 30, 2013 - Volume 52, No. 5 9
Work Smarter:
The Power of Recharge
By Hallie Neuman Love
energy without recharging, we become exhausted and it takes more
hours to get the job done. Our bodies regularly tell us to take a
break, but we supersede these signals with caffeine, sugar, and stress
hormones.
A
2012 ABA Law Practice article states that burnout in the legal
profession is greater than that of other professions.1
Why does law practice lead to such extreme results for so many
attorneys? This article will examine data from a broad spectrum
of scientific research in positive psychology, exercise science,
neurobiology, neuroscience, and complementary and alternative
medicine (the new mind-body sciences) in order to identify
factors that may lead to attorney burnout and to explain why those
factors may contribute to attorney distress. Further, this article will
introduce work trends that utilize the emerging mind-body sciences
to pioneer smarter ways to be more productive and thus avoid
burnout. Finally, this article will offer an overview of scientifically
proven interventions and recharging techniques that may provide
a buffer against the occupational hazard of attorney depression and
burnout.
Factors Contributing to Attorney Burnout
Thorough review of the exploding research in the mind-body
sciences and legal education reveals six significant factors that may
contribute to attorney distress. By understanding how these factors
affect brain chemistry, brain wiring, biology, and the stress response,
we can alter their adverse effects by modifying our behaviors.
1. High Demands
Ever-higher demands, frustrations, and deadlines will always persist,
but mind-body science proves we can cultivate vast control over their
deleterious effects. The common logical response to overwhelming
legal responsibilities is to log more continuous hours, nose to the
grindstone, and view downtime as time wasted. The problem is
that humans are not designed to burn up energy continuously. The
need for physical and psychological recharging is embedded in
our physiology. When we expend too much mental and emotional
6 New Mexico Lawyer - May 2013
Stress hormones work optimally when they flood our bodies for only
for a short time until we are out of harm’s way. This is neurobiology’s
famous fight/flight survival response. While it’s true that stress
physiology can provide motivation and improve performance in
small doses, it’s also true that the brain-body does not distinguish
between physical and psychological threats. Every type of stressor
releases a deluge of stress hormones. Chronic stress keeps the
immune system suppressed 24/7, setting the body up for serious
health risks, draining energy as the stress chemicals amp up the
body’s physiology for fight or flight, increasing heartbeat and blood
pressure, and sending all energy to the muscles. Operating in chronic
stress mode is physically exhausting, emotionally dispiriting, and is
not sustainable. Continuous stress is so commonplace in law practice
it seems “normal.” The whole truth is that the real problem is lack of
recovery from stress. The key to thriving is to strategically practice
turning off the stress response and continually recharging energy
throughout the day.
2. Multitasking
Juggling too many things at the same time splits focus and attention
so that we are partially engaged in multiple activities but rarely
fully engaged in any one primary task. Psychology studies conclude
that multitasking typically increases the time it takes to finish the
primary task by an average of 25 percent. Further, multitasking trains
the brain to be ineffective at focusing and concentrating. Doing
one thing at a time helps the brain get over this “cultural ADD.”
The better we are at focusing on one thing at a time for sustained
periods, the more effective we are and the higher quality work we
produce in less time, thereby decreasing the sense of overburden and
stress.
3. Emotions
Studies in positive psychology and neuroscience reveal that the
neurochemistry of emotions impacts attorneys daily. When we
are confronted with an onslaught of demands and unexpected
challenges, we slip into negative emotions—irritability, impatience,
anxiety, insecurity, fear, frustration, anger, blame, resentment—
multiple times a day. These negative emotions have a cascading
effect. The stress response turns on, which undermines the brain’s
capacity to think clearly, logically, or broadly, which in turn makes
us less productive. We are more likely to move into reactivity, which
further drains energy. As we become physically and emotionally
depleted, we are less engaged, more distracted, and less rational.
Without intermittent recharging, we are not physiologically capable
of sustaining positive emotions that nourish the body with dopamine
and serotonin. These feel-good chemicals counteract stress, build
emotional resilience, and turn on the learning centers in the brain
that help us organize and store information, retrieve it faster, and
make and sustain more neural connections which in turn allow us to
think more quickly and creatively.
4. Legal Training
Experts in legal education have pointed out that the very nature
of legal training may play a part in depression and burnout. In law
school we learn to look for flaws and the holes in arguments. We train
ourselves to be critical thinkers. We further our legal careers with
optimized analytical thinking, defensive posturing, and looking for and
zeroing in on weaknesses in opposing counsel. All are crucial skills for
lawyers and make for the successful practice of law. By training this
way hour after hour, we have ingrained neural pathways that are very
adept at looking for and targeting the negative. The problem is that
the better we get at scanning for the negative, the more we miss out
on the positive.2 Studies in positive psychology divulge that a lawyer’s
view of the whole world (not just legal issues) may become stuck in
scanning for the negative, a concept called “cognitive afterimage.”
Unless there is an ability to compartmentalize these work-related skills,
“legal thinking” can lead to a negative fault-finding, energy-draining,
and stress-producing mindset. However, the brain is malleable and can
change throughout our lives, allowing us to train our brains to scan
for positives and create new neural pathways that afford conscious
activation of positive emotions and their neurochemistry of wellbeing.
5. Mirror Neurons
Neuroscience has uncovered certain brain cells called “mirror
neurons” that act as reflectors and tune us to each other at physical
and emotional levels. Mirror neurons may be partially responsible
for feeling energized while in the company of positive people and
feeling depleted or frustrated while in the company of negative
people. This may also help explain why lawyers who have direct and
continuous contact with trauma-exposed clients may experience a
sort of secondary trauma that can lead to burnout. There is evidence
that exposure to overwhelmed clients, frustrated partners, and
difficult opposing counsel can trigger negative emotions akin to their
feelings as mirror neurons begin to resonate in a manner similar to
theirs. Recharging techniques are useful for maintaining emotional
balance in light of mirror neurons.
6. The Sedentary Nature of Law Practice
Neurobiology provides that continuous hours of sitting slows our
body’s metabolic rate and triggers a type of hibernation mode,
shutting down the immune system as well as other systems. The
body’s chemistry becomes depressive. It is vitally important to move
throughout the day and to get exercise, which is an anti-depressant.
Smarter Work Trends: A New Paradigm
The six factors discussed above typically result in less productivity.
Left unchecked, one or more of these factors may result in
overwhelming depression or burnout.
The explosion of research in the mind-body sciences makes the
case for an alternative work ethic—working smarter, not longer,
hours. Research shows that people have more energy and are more
productive when they move from periods of high and fully engaged
focus to periods of recharging their energy throughout the day. It’s
clear from emerging data that the quantity of energy available to
us affects how well we feel, how well we think, and how motivated
we are to do our jobs. In high productivity we can accomplish more
in less time. By using techniques of recharging energy throughout
the day, we have creative breakthroughs, broader perspectives, and
reflective and long-term thinking. We will have time to metabolize
what’s learned, feel more motivated, and be capable of greater
cognitive functioning. By understanding that energy is renewable,
we can strategically recharge our energy and remain productive.
Recharging turns off the stress response, thereby building physical,
mental, and emotional resilience as a buffer against depression and
burnout. This is the new science of sustainable work stamina and
high performance success.
Overview of Interventions and Recharging Techniques
Simple behavioral interventions that may help increase productivity
include the reduction of interruptions that interfere with high
focus; avoiding multitasking in an effort to help re-train the brain
to focus on one thing at a time; eating right, sleeping right, and
exercising (core-based exercise is most energizing); taking lunch
fully unplugged away from the desk; getting up from the desk
periodically to stretch (yoga is most effective); and moving the body
to stave off the hibernation response.
Easy-to-learn recharging
techniques include mini-recoveries
... the practice
that switch off the stress response
and turn on the stress antidotes
of law can
of dopamine, serotonin, and
endorphins. Unplugging and
easily include
completely changing channels
daily doses of
are key because true recharging
requires full disengagement from
recharge.
work. It takes practice to learn
how to do it, but once learned,
mini-recoveries needn’t take more
than 5–15 minutes to kick in the “reset” button. Some common
mini-recoveries include breathing and relaxation exercises; resiliency
training of the nervous system (provides for quicker discharge of
negative emotions); rediscovery of the purpose of work and life
(which provides increased focus, commitment, and perseverance);
consciously cultivating positive emotions (confident, engaged, happy,
invigorated) that build resilience and are an antidote to stress; and
mindfulness meditation which can create one-pointed focus, a sense
of calm and contentment, and more resilience.
A power recharging tool is Integrative Restoration® (“iRest”)
meditation. In the author’s view, it is the most effective and longlasting recovery available. It encompasses all of the mini-recoveries
discussed above rolled into one easy practice.
In conclusion, the practice of law can easily include daily doses of
recharge. Thinking and acting like a lawyer does not have to result
in chronic stress or depression or burnout. There are easy-to-learn
techniques to re-train the brain, body, and spirit to work smarter,
with more productivity, decreased stress, and increased positivity. ■
About the Author
Author Hallie Neuman Love is a New Mexico attorney and nationally
certified mind-body therapist (YA E-RYT 500.) She specializes in
teaching iRest® for lawyers (currently at the State Bar Center) as well as
strategic recharging techniques for optimal productivity.
_______________________________
Endnotes
www.americanbar.org/publications/law_practice_magazine/2012/
may_june/burnout-avoidable-not-inevitable.html
2
Peterson, T.D., & Peterson, E.W., Stemming the Tide of Law Student
Depression: What Law Schools Need to Learn From the Science of Positive
Psychology, 9 Yale J. Health Pol’y L. & Ethics, 357-434 (2009).
1
New Mexico Lawyer - May 2013 7
Positive Psychology for Lawyers—
The Benefits of Positive Emotions
By Hallie N. Love
T
he emerging scientific
field known as positive psychology helps
us understand how the brain
can change, and that we can
purposefully change it to create more positive emotions.
Positive emotions, in turn,
broaden our cognitive capacity allowing flexible, openminded thinking for creative
problem solving and building
of personal resources such as
skills, knowledge and relationships.
Positive psychology matters a
lot in the field of law because,
while many lawyers are actually happy, there are perhaps just as
many who are not happy. It is well documented that lawyers are
more likely to suffer from depression than any other occupational
group. In a Johns Hopkins University study of more than 100
occupations, researchers found that lawyers led the country with
the highest incidence of depression.1
What makes so many lawyers so unhappy?
It appears the world view that makes lawyers effective in their
profession can pollute other parts of their life. In other words,
many of the qualities that help lawyers succeed in practice such
as prudence, aggression, and critical and judgmental thinking
are traits that can have disastrous consequences when applied in
one’s personal life.
Take “prudence,” for example. Martin Seligman, Ph.D., former
president of the American Psychological Association, and the
“father” of positive psychology notes in his book, Learned Optimism: How to Change Your Mind and Your Life,2 that a prudent
lawyer strives to uncover every conceivable trap or disaster that
might occur in a legal situation. This skill of anticipating a range
of problems is highly adaptive for lawyers who then foresee even
implausible outcomes and defend against them.
Seligman stresses that the trait of prudence makes a good lawyer,
but does not make a happy person. This is because lawyers cannot
readily turn it off. What operates in the legal world as “prudence”
often determines your thinking in the non-legal world because
the brain is wired to think
that way. In the non-legal
world, prudence is called “pessimism.”
Pessimistic thinking is a way
of interpreting the world in
which the worst is routinely
expected. It affects how we interpret failure and events that
don’t go well. For example, a
pessimist experiencing failure
often interprets the event globally: “I’m no good; I’ll always
fail.” Sadness is interpreted as
everlasting, with one believing
that everything is going to be
ruined. The pessimist experiences negative events as pervasive, permanent, and uncontrollable, which can create an all-encompassing unhappiness.
In contrast, an optimistic interpretation style, which can be
learned, views negative events as specific, temporary and changeable. When an optimist fails for example, he or she experiences
the hurt as specific to the event, and asks “What can I learn from
the failure and how can I do better the next time?” The optimist is
not immune to sadness, but thinks and experiences it as specific
to the event and knows it will pass.
Pessimism in one’s personal life creates a high risk for depression.
The challenge then is to remain prudent in the practice of law
and contain this tendency outside of one’s practice. This is where
positive psychology comes in. There are exercises that can help
lawyers who see the worst-case scenario in every setting become
more discriminating in their personal life. Seligman has termed
this adaptation as “flexible optimism.”
Another common thinking style lawyers have is “perfectionism,”
which similarly can be corrosive in one’s personal life. According
to Dave Shearon, who has a master’s degree in positive psychology
and is former director of Continuing Legal Education in Tennessee, “lawyers tend to be highly ambitious and overachieving, with
a tendency toward perfectionism not just in their legal pursuits,
but also in nearly every aspect of their life.”
When rigidly applied, the propensity to be a perfectionist can
impede happiness. Tal Ben-Shahar, Ph.D., provides another
The State Bar of New Mexico’s Lawyers and Judges Assistance Program (JLAP) is pleased to introduce the first in an intermittent six-part series of articles on positive psychology, designed to help enhance members’ personal well-being and professional
success. In addition, the State Bar and JLAP will launch CLE-approved workshops in positive psychology beginning Sept. 26.
Bar Bulletin - July 16, 2014 - Volume 53, No. 29 7
model that offers a more balanced perspective as an alternative to
perfectionism. He calls it “optimalism” and describes it in detail
in his book Being Happy - You Don’t Have to Be Perfect to Lead a
Richer, Happier Life.3
The “optimalist” believes that when appropriate, “good enough”
is the best option, given the demands and constraints of life,
Ben-Shahar writes. The optimalist also appreciates life as a whole
and regards successes and even failures as opportunities to learn
and grow.
In addition to the influence of thinking styles and traits, the heavily charged negative emotions inherent in the legal environment
also play a part in lawyer unhappiness.
Take litigation, for example. Litigators are paid to resolve conflict,
often between two hostile and irrational sides. In most conflicts
that necessitate obtaining a lawyer, the lawyer usually is brought in
after things have already gone horribly wrong. In the courtroom,
tensions mount and anger, self-righteousness and combative
behavior may dominate.
Another source of negative emotions—handling clients’ negative
situations and hearing their negative stories on a regular basis—can cause secondary trauma. Counselors and therapists are
trained how to handle this to keep it from tearing them down. In
the legal world there is little precedent for recognizing the trauma,
much less addressing it.
Negative emotions also occur with the high pressures, expectations and stress of the profession. These are exacerbated by many
lawyers’ tendencies to focus on the implications of past decisions
or events and anxiousness about possible future events.
Fortunately, positive psychology provides realistic solutions to the
predicament of negativity in legal practice by offering interventions and exercises that generate positive emotions. One such
exercise has us consistently noticing and genuinely appreciating
simple pleasures. The word “appreciate” means “to be thankful or
grateful,” which is the opposite of taking something for granted.
Research on gratitude has repeatedly proven that when we appreciate the good in our lives, we enjoy higher levels of well-being
and positive emotions, feel happier and more determined, and
are more energetic and optimistic.
An exercise in appreciation: On a regular basis, choose three
everyday things you’ve encountered in the past few days or that
are around you right now (e.g., warm sunshine on your face,
the smell of fresh coffee, trees or flowers, your laptop or mobile
device, a person dear to you) and write a few words or sentences
addressing what you genuinely appreciate, enjoy or find amazing
about each one. To “genuinely appreciate,” it’s important to allow
enough time for the enjoyment and amazement to sink in and
the good feelings to linger. Research has proven that regularly
experiencing moments of genuine appreciation changes our brains
and help us overcome our negativity bias.
The therapeutic yoga exercises and other techniques including
Yoga Nidra, described in my book Yoga for Lawyers - Mind-Body
Techniques to Feel Better All the Time,4 also help to de-stress and
positively boost overall levels of well-being.
Positive psychology introduces ways to change the brain. We can
rewire our brains to affect:
• the way we interpret and experience the world, helping
us feel more upbeat and optimistic more of the time;
• the way we bounce back from hardships and setbacks,
helping us become more resilient; and
• the way we behave, helping us feel more balanced and
levelheaded more of the time.
Further, positive people experience enhanced work productivity
and are more successful. They typically enjoy a better work-life
balance, greater overall well-being and happiness.
We already changed in law school. Neuroscience proves and the
experts agree that if we want to, we can change again. Positive
psychology offers the empirical research, proven interventions,
and exercises to create and deepen the neural pathways that lead
to reduced stress. Incorporating these practices can boost your
positivity and provide you with many professional and personal
benefits including the broadening and building effects of positive
emotions.
Attorney Hallie N. Love, www.fitmindbodybrain.com, cum laude
law school graduate, is nationally certified in positive psychology
with Tal Ben-Shahar, Ph.D. Love uses positive psychology exercises
as well as therapeutic yoga exercises and other techniques from her
book, Yoga for Lawyers - Mind-Body Techniques to Feel Better
All the Time, to help lawyers de-stress, develop greater positivity
and elevate their overall well-being.
Hallie N. Love
1 Eaton, W.W. (1990). “Occupations and the Prevalence of Major Depressive Disorder.” Journal of Occupational Medicine, 32 (11),
1079-1087.
2 Martin Seligman, Learned Optimism: How to Change Your Mind and Your Life. Australia: William Heinemann, 2011.
3 Tal Ben-Shahar, Being Happy – You Don’t Have to Be Perfect to Lead a Richer, Happier Life. New York: McGraw Hill, 2011.
4 Hallie N. Love and Nathalie D Martin, Yoga for Lawyers – Mind-Body Techniques to Feel Better All the Time, Chicago: ABA
Publishing, 2014.
8
Bar Bulletin - July 16, 2014 - Volume 53, No. 29
Positive Psychology for Lawyers—
The Science of Character
By Hallie N. Love
This article, second in an occasional positive psychology series, examines the benefits of developing and using strengths of character
in the practice of law.
P
sychologists associate
the regular application
of character strengths or
positive traits— such as
optimism, zest, gratitude
and curiosity—with the
promotion of positive emotions, which, in turn, create
overall well-being. Using
one’s character strengths
in the practice of law promotes a productive path
for attorneys to increase
their life satisfaction and
success while working in
a profession replete with
depression, anxiety, addiction, dissatisfaction and ill
health.
What is the science of character?
In the early 2000s, psychologists Martin Seligman and Christopher Peterson led a three-year project involving 55 distinguished
scientists devoted to examining character traits across cultures
and time. Out of this project, Seligman and Peterson identified
six universal virtues —wisdom, courage, humanity, justice, temperance and transcendence— in which 24 character strengths
reside. Their assemblage of virtues and character traits forms
a scientific knowledge base and classification system of what
is best about human beings and what builds fulfillment and
happiness. One of the key findings about character evident
from this project and hundreds of subsequent research studies
is that each individual possesses all 24 character strengths in
different degrees and combinations relative to context, resulting
in a unique profile.
To determine your predominant character strengths, Seligman
and Peterson developed VIA-IS, a free, 240-question survey found
online at the Values in Action website: www.viacharacter.org. The
survey helps people understand the differences between who they
are (their character) versus what they can do (their talents) and
what they like (their interests.)
Generally, our top character strengths occur easily without much
effort and resonate as being so natural one could not help but use
them. These strengths are energizing as we embody them, and
we would feel a deflation of spirit and emptiness if we could not
express them. When people use their top strengths, they report
feeling more energized and self-actualized, which allow them to
fulfill their potential to a greater degree. We also have situational
strengths that we can call
on when needed. Additionally, other strengths
can be developed to benefit our clients, the legal
profession and ourselves.
What are some ways
character strengths
can be used in the
practice of law?
Making regular use of
one’s character strengths
is a good mental health
practice as well as an effective business strategy
for attorneys. Employing
character strengths provides motivation to stay in a challenging profession and helps prevent burnout. The resultant
greater job satisfaction averts unwanted consequences such as
employee turnover or malpractice, often caused by alcoholism
and depression.
Developing a balanced use of intellectual, self-oriented “head”
character strengths and emotional and interpersonal “heart”
character strengths can also be a valuable law practice tool. For
example, an attorney who is strongest in “head-focused” character
strengths—prudence, bravery, persistence and self-control— that
are most useful for analytical aspects of lawyering, can benefit from
training that enhances “heart-focused” strengths—kindness, gratitude and social intelligence that are well-suited to the relationship
aspects of law such as management, mentoring and rainmaking.1
Attorneys can learn to modulate their strengths to reach desired
results. “Head” strengths may temper “heart” strengths such as
applying prudence to lessen a tendency to micromanage or be
overzealous, and in the area of collections, the “heart” strength of
kindness may temper the “head” strength of persistence.
Finally, it is highly desirable to be able to shift between analytical
head strengths and relational heart strengths to change communication styles. While the pessimistic or prudent way of thinking is
inherent and required in the practice of law, it may be destructive
in one’s personal life where an optimistic thinking style and practice of the heart strengths (kindness, gratitude, social intelligence
and love) lead to positive relationships that also build emotional
resilience. In other words, legal cross-examination can stay at
work and use of heart strengths can help one hone a conciliatory
communication style for use at home.
Bar Bulletin - March 4, 2015 - Volume 54, No. 9
7
What is the correlation between strengths’ use
and attorney life satisfaction, well-being and
success?
Many of us are doing OK or “pretty good.” Still, life may feel flat
and depression rates are rising. We know from positive psychology
that a meaningful life provides greater overall life satisfaction and
well-being. Many of us spend more of our lives at work than with
family or friends so the question becomes, “What can we do to
give our time at work more meaning?”
Daily use of our top character strengths enables us to live a
meaningful life where we enjoy what we are doing and feel pride
and satisfaction in our work; it also energizes us, increases our productivity and helps us make the demands of the work worthwhile.
Some lawyers find more meaning and can bring their strengths
to fruition by making a difference, helping clients, being a trusted
advisor, bringing in business, finding satisfying intellectual stimulation, or creating good office relations and collaboration. Landing
a job in a niche in the law that capitalizes on your top strengths
provides meaning and a better way to perceive your work as a
calling rather than a job.
Additionally, as we are always in control of our perceptions, we
can change the way we think about our job or our relationships
with our co-workers. We can restructure how we approach work
by reshaping certain attitudes in order to find more ways to
embellish and access our strengths. If you have little latitude to
make decisions, perhaps you can recraft your job tasks for more
perceived control or practice character strengths in your relationships at work, over which you have high control.
in life, predicts fulfillment and success, and increases positive
emotions, well-being and resilience. 2
In the traditionally analytically based legal profession, heart
strengths need not be sacrificed to head strengths. It is possible
and advantageous to use both heart and head strengths and to
identify practice areas that profit from each to build our best law
practice and life.
1 Snyder, P. Super Women Lawyers: A Study of Character
Strengths. University of Pennsylvania Scholarly Commons, 2012.
2 Seligman, M.E.P., Authentic Happiness: Using the New Positive Psychology to Realize Your Potential for Lasting Fulfillment,
New York, NY, 2004.
Learn and Practice: Exercises for
Developing Character Strengths
You can strengthen your character strengths by focusing on
thoughts, emotions and behaviors. One exercise is to focus
on a top character strength in a new way each day for a week.
Another proven exercise to develop optimism is to regularly
recall and savor three things that went well each day. Not
only will this lift your mood, but it will also identify the good
things that are working well for you and, over time, create
benefit-finding neural pathways in your brain.
About the Author
Hallie N. Love, Esq., www.positivepsychology
forlawyers.com, is a certified Positive Psychology/Well-Being consultant and author of Yoga
for Lawyers - Mind-Body Techniques to Feel
Better All the Time (ABA 2014).
Finally, knowledge of one’s individual character strengths may
prompt certain lawyers to seek a more strengths-compatible
practice or work environment.
Conclusion
Character can be learned and practiced. Research has established
that regularly using one’s character strengths provides meaning
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Bar Bulletin - March 4, 2015 - Volume 54, No. 9
Hallie N. Love