Thursday, September 12, 2013

AALS Balance in Legal Education Section forms "Mindfulness in Law Affinity Group"

The Executive Committee of the Balance in Legal Education section of the Association of American Law Schools (AALS), led by its president, Larry Krieger and president elect, Julie Sandine, has unanimously endorsed a petition to establish a Mindfulness in Law Affinity Group. Professor Richard Reuben, of Missouri Law, who spearheaded this effort encourages law faculty interested in mindfulness to "join the Balance Section and help grow this community," and requests that those who are interested let him know as there is presently no sorting mechanism to identify those members of the Balance section who are also interested in mindfulness. The link to join the Balance section is found by clicking here.

Tuesday, July 30, 2013

Trial Attorney, Paul Lipton, Publishes "Hour of the Wolf: An Experiment in Ageless Living"

The recently published "Hour of the Wolf: An Experiment in Ageless Living" by former Greenberg Traurig partner and trial attorney, Paul Lipton, is a wonderful treatment of what it is to live a mindful life--lessons that are readily brought into the study, practice, and teaching of law. Paul's story's, drawn from his personal life, will engage and inspire. Paul is a colleague and friend who has long brought to his law practice a heightened level of integrity and professionalism. This book adds to his already long list of meaningful and important contributions to the legal profession.

Thursday, July 4, 2013

Teaching Mindfulness

As mindfulness is making its way into public and private consciousness, it is making its way into public and private institutions. In the legal profession, mindfulness is being shared with lawyers, law professors, law students, and judges. In all of these domains, but especially so with law students, the question arises whether those who teach mindfulness should be qualified to do so--and, if so, what it means to be "qualified."

The Huffington Post recently published "Beyond McMindfulness," which raises this matter, one that was explored at the 2013 Mindfulness in Legal Education Conference (See April 26th post) and has long been a topic of interest to law faculty interested in sharing mindfulness with law students. It becomes an issue of increasing importance as more and more law faculty are exposed to mindfulness or, having been longtime students of mindfulness, are motivated by its popular appeal to infuse it into their curriculum.

A fascinating dynamic and one which animates much of the present day discussion is the relationship between Buddhist teachings of mindfulness and the mindfulness being taught. One influential factor that has posited itself squarely in the midst of this relationship is the neuroscience research that strongly suggests that mindfulness practice can be associated with changes to the structure and function of the brain and that those changes are beneficial in the areas of focus and concentration, as well as areas of wellbeing such as the attenuation of anxiety and relapse of depression. Much remains to be learned in the scientific pursuit of the "active ingredient" of the mindfulness trainings and this area is sure to be fleshed out in the years to come.

An interesting piece of this conversation is the source of a mindfulness teacher's exposure to mindfulness. This is a question that not only may reach into the core of the debate, but also influences the very perspective of those engaged in the conversation. Some have rich backgrounds in Buddhist teachings, been immersed in Buddhist practice for many years, and are a student of a teacher who is part of a traditional lineage. Others have received training in Westernized programs such as Mindfulness Based Stress-Reduction (MBSR), which draws on buddhist teachings but tends away from their explicit inclusion in didactic portions of the trainings as well as in the richness of the experiential practices. And others have been exposed to mindfulness at legal conferences and workshops that increasingly are including mindfulness segments. And still others have been exposed to mindfulness through books, videos and audio recordings which derive from the three above mentioned forms.

As one might imagine, those with a longtime immersion in Buddhist teachings may well carry a special regard and respect for the teachings while those more recently introduced to the subject may have little or no familiarity with these traditional underpinnings. While the scientists exploring the properties associated with mindfulness trainings look to mindfulness experts to help craft and deliver the trainings, these trainings largely filter out contemplative components which, at least in the first instance of inquiry, create more confounds and clarity. And, not surprising, those introduced to the practice of mindfulness through more modern, secular trainings may not know enough of the Buddhist practice to even know how it does or does not factor into a modern training that has integrity.

It does appear that the growing presence of mindfulness trainings in corporate, educational, medical and legal contexts is indebted to its more secular form. Ironically, the growing presence is cause for many with a deep connection to the practice to voice concern over the quality of the teaching--as well as its content.

It will be interesting to observe how all this plays out. Perhaps owing to the heart of the practice itself and the clarity it engenders (as well as for many, wisdom and compassion) its ongoing evolution will assume a handful for forms and formats that allow for its continual blossoming in a manner that alleviates suffering--both to those to whom it is taught to as well as those who endeavor to share it with others.



Tuesday, June 25, 2013

BarBri Offers Mindfulness Training

BARBRI, one of the nation's most popular bar review courses, has broken important new ground by introducing a four-week mindfulness training as part of its bar prep training. In this cutting-edge offering, Christy Cassisa, BARBRI's Director of Professional Effectiveness, shares a series of four trainings to help those studying for the bar during this challenging and intense period in their professional development.

A link to these trainings--which BARBRI has generously made available to everyone studying for the bar--can be found by clicking here (scroll down to the bottom of the page). Each week beginning June 25th, a new training is made available, integrating a discussion of the mindfulness with experiential practices. Christy Cassisa (a friend whom I admire very much for her integrity and ability to effectively communicate mindfulness) developed the training in collaboration with the highly regarded University of California San Diego's Center for Mindfulness.

BARBRI is to be credited with making this important innovation in its bar review training, following smartly on the heels of the role mindfulness is beginning to have within legal education.

What is perhaps most important is that by introducing lawyers to mindfulness at this critical period in their careers, BARBRI may be playing a fundamentally important role not only in the life of the young lawyer, but across the legal profession and society.


Thursday, May 9, 2013

Mindfulness in Law Workshop for Miami Lawyers, Judges, and Law Professors

The Mindfulness in Law Joint Task Force of the Dade-County Bar Association and Federal Bar Association (South Florida Chapter) will be holding a Mindfulness in Law Workshop on May 17th at the University of Miami School of Law. Click here to learn more.

Wednesday, May 8, 2013

A Law School Dean on Mindfulness and the Law

In her recent article in the San Francisco Daily Journal, Golden Gate University Law School Dean, Rachel Van Cleave, wrote on the future of the legal profession, concluding with these words on the role of mindfulness.

'Finally, and perhaps most importantly, we all need to find a way to quiet the noise around us in order for us to cultivate a less anxious and reactive posture. Responding to "the crisis" with a reflective, purposeful and mindful approach can help us internalize and live up to the aspirations of our profession. Over the last 10-15 years, more lawyers, judges, legal educators and law students have incorporated mindfulness practices into their lives and careers. A number of law schools offer courses on "mindfulness for lawyers." Reflection and mindfulness helps law students and lawyers of all sectors become better listeners, better problem solvers, better counselors at law, and better colleagues. A focus on conscious lawyering has great potential for helping lawyers develop attributes that are essential to happiness and satisfaction: empathy, resilience and wisdom. I believe that such an approach can allow law students and lawyers to respond with flexibility and calm in rapidly changing times."

Golden Gate is fortunate to have Judi Cohen, as a members of its faculty. Judi is founder of Warrior One and has been sharing mindfulness with law students, attorneys,and judges for many years.

You can read Dean Van Cleve's article by clicking here.

Tuesday, May 7, 2013

Law as a Mindfulness Practice

Mindfulness is often looked to as a salve for a challenging and stressful work life. Its connection to the law and to the lives of law students, lawyers, faculty, and judges is growing. Less considered is law practice as a mindfulness practice. Yet it can be worthwhile to consider the wisdom inherent in the unorthodox answer to this question:

Question: "I am interested in becoming a more mindful person. What should I do?"
Answer "Become a lawyer."

The great paradox is that while legal professionals feeling overworked, overstressed, underwhelmed, and unhappy are turning to mindfulness to ease their distress and help them relate more effectively to the challenges they face (and, to be sure, mindfulness is helpful in this regard), and they often wish they could have a little less law in their lives--learn to say "no," avoid hostile opposing counsel, get out of the office at a reasonable time--it is the practice of law itself that serves among perhaps the greatest mindfulness practice opportunities. We could term this "reciprocal practice."

But to more fully appreciate this is to understand how things can change (including one's ability to say "no," more often, avoid hostile counsel or no long perceive them as so hostile, and more easily (with less guilt or fear) leave for home at the end of the day) by seeing the moment more clearly for what it is--including the thoughts, feelings, and sensations arising inside us during those moments.

As it is sometimes said that a powerful place to practice mindful sitting is on the streets of New York, so too a powerful place to practice mindfulness during the day is right where you find yourself-practicing law. While there is much more to the decision to practice law than its potential as a mindfulness practice, for those of us in the legal profession, this insight can be helpful when looking for meaningful ways to practice and cultivate mindfulness. As is so often the case, the answer if found right in our own backyard.