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More mindfulness events for lawyers and law students, including an ethics course incorporating mindfulness

Mindfulness continues to enter the legal profession through many doors. Earlier this school year, I told you about the U of Miami School of Law's eight-week program on contemplative practices. The Florida Bar News just published an article about that program. From "Mindfulness program aims to help law students live in the moment":

To be an effective law student or lawyer, it is important to be able to focus on the task at hand. Obsessing about the past or worrying about the future can diminish that focus and dilute effectiveness.

That’s one reason the University of Miami has decided to introduce law students to contemplative practices that provide tools for enhancing students’ effectiveness at school, their well-being, and — hopefully — their success and fulfillment in the practice of law, according to Scott Rogers, a University of Florida trained lawyer who also holds a master’s degree in social psychology.

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Rogers said UM is not alone in integrating contemplative practices into their curriculums. Charles Halpern at Boalt Hall at Berkeley and Professor Leonard Riskin at UF are also part of the growing, national trend of teaching mindfulness at law schools. Major corporations like Google have also instituted mindfulness programs for their employees.

Next semester, University of Miami Law will be offering a course entitled "Professional Responsibility & Mindfulness in the Digital Age" taught by Rogers and Jan Jacobowitz. The course description (found here):

The Impact of New Media on Lawyer Conduct: Mindfulness and Professional Responsibility in the Digital Age

A Judge's decision upsets a lawyer and he vents his frustration by blogging and characterizing the Judge as "an evil witch" on a Halloween posting. A young attorney excited about her practice

Lawyers behaving badly: Do new lawyers need mentoring in civility?

In "Stop behaving badly, boorish lawyers told" (Toronto Star), several possible reasons are put forth to explain why the number of complaints made to the Law Society of Upper Canada about rude and abusive behavior has increased. These reasons include:

"Our society isn't as polite as it was," [Derry] Millar said in an interview. "People on their BlackBerrys and their phones have no idea of who is around them. They are not engaged. You phone somebody and you get an automated attendant. We've lost social interaction and people are overstressed, overworked and rushed.

And . . .

Remaining on one's best behaviour, though, can be challenging in an adversarial justice system that pits lawyers against one another and fosters a "radical kind of individualism," [Eugene] Meehan notes.

This one is probably a factor . . .

[Derry] Millar said the law society is also looking at strengthening mentoring programs. Some believe incivility is on the rise because many new lawyers start out on their own these days instead of working alongside experienced members of the bar, who could show them how to behave.

I have not thought much recently about how one learns the culture of the profession. This morning I spent some time recalling what I learned from my mentors. The highest degree of civility, courtesy, and respect for all lawyers and clients was certainly a part of it what they taught me. Their teaching was almost all by example; I watched them maintain that demeanor and behavior even when the other side was acting with a low degree of civility.

What do you think? Is civility something one can learn from another? How do new lawyers learn the way to navigate in a civil manner, even when confronted with boorish behavior? Are law schools teaching civility? Should they?

Law schools very interested in brains

I do hope those law students at Harvard are listening to speakers with differing points of view. For example, they recently heard a talk from Daniel Wegner, author of The Illusion of Conscious Will. I hope they also hear from a non-determinist as they are educating themselves about the very important question of the existence of free will.

That law students are looking at the mind and the brain is certainly good. Doing so helps them to have a broader perspective. And the interest is not just at Harvard Law. From Meeting of the minds: law students flock to psychology lectures (Harvard Law Record):

In recent years, the number of law review articles citing to prominent mind sciences research has skyrocketed, and  most top-tier law schools now  offer courses emphasizing relevant insights from social psychology and related fields.  In fact, the course descriptions of nine courses in the 2009-2010 HLS course catalog explicitly mention psychology. And in the wake of the recent financial crisis, economists and lawyers have turned increasingly to behavioral economics and social psychology to understand the underlying cognitive mechanisms that shape and influence our institutions. Psychology and neuroscience are increasingly informing and challenging some of the assumptions of the criminal justice system, and the mind science promise to help sharpen and clarify legal concepts.

Neurolaw can move the legal system in the wrong direction, too. I have blogged about the dangers often:

• Some hard questions about neurolaw: If you are interested in law and neuroscience, read this article
• Neurolaw: Leaving out a big piece of the puzzle
• Neurolaw another branch of neuromythology? Free will? Free won't?
• Not guilty! I'm only a neuro-person and my brain made me do it

For more posts, click here.

Video of Charlie Halpern speaking on "Empathy, Meditation, and the Practice of Law"

Watch Charlie Halpern presenting at Baldy Center for Law & Social Policy, University at Buffalo Law School by clicking here. From the Web site:

During the past decade a number of lawyers, judges and law professors have begun to explore the relevance of meditation and other contemplative practices to legal education and the work of lawyers. Courses have been offered in law schools around the country, and lawyers and judges have participated in retreats and workshops. The benefits range from managing stress at a difficult time in a high stress profession to sharpening lawyers? skills, such as negotiation, client interviewing and trial advocacy. Meditation can heighten emotional literacy and increase the capacity to make empathetic connections. A growing body of scientific evidence is establishing the demonstrable impact on brain function and structure from regular meditation practice. Many law students are finding that the meditative perspective makes them more effective students and improves academic performance. Wisdom has historically been a quality prized by lawyers. Meditative practice can help bring wisdom into law practice and legal institutions.

More about Halpern in "Move From Being a Mindless Lawyer To a Mindful Lawyer" (The Complete Lawyer).

Image credit: The Complete Lawyer.

Class at CUNY Law on contemplative practices

It seems that more and more law schools are offering these types of courses. For example, see here, here, and here. Given the many benefits of contemplative practices for lawyers, this growth is fortunate for the profession. I blogged about this particular CUNY course over a year ago. The class description from the Spring 2009 Second/Third Year Elective Courses [pdf] at CUNY:

This course will explore the benefits of contemplative practices for lawyers doing social justice work. Students will be introduced to a variety of meditation and contemplative practices to develop inner wisdom, awareness, and insight to inform ways of lawyering for social justice. Students will explore methods for developing compassion for themselves and the clients they serve. Students will learn how to use mindfulness as a lawyering skill, open up the universe of possibilities for problem solving using one’s most creative self and greatest wisdom. This course will explore how social justice work carries with it special challenges for the practitioner of mindfulness and the law. Students will explore how through social justice work one can transform oneself and the communities being served. Over the course of the semester students will read a variety of authors who offer different approaches to contemplative practice. There will be weekly discussions on the readings as well as opportunities to learn and practice some of the techniques that the readings present. Evaluation will be based on regular class participation, journal and other written assignments, and presentations. Students will also have an opportunity to suggest new topics for exploration, which time permitting, will be considered by the instructors.

More about law schools adding practical skills to the curriculum

Now I know what my alma mater is up to in this changing climate for the legal profession. From "Law schools in Silicon Valley add practical skills to help students compete" (subscription required - San Jose Business Journal):

Local law schools are responding to marketplace realities by developing curriculum better suited to law firm needs. Universities are retooling their curriculum and incorporating management, leadership and specialized disciplines.

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Santa Clara University Law school is relying on the Dean’s Legal Recruitment Advisory Board — an amalgamation of administrators, faculty and practicing alumni — to help determine the curriculum needed going forward to achieve this objective.

One member, Mark Pitchford, a Santa Clara Law school alum and chief operating officer at

Some advice for law students and new lawyers (includes Twitter and blogging)

Dean Patricia White's offer to University of Miami 1Ls of incentives to delay their legal education, and Orrick, Herrington & Sutcliffe's ending of the lockstep model of law firm promotion are signs that the profession is truly changing, according to Ari Kaplan. In "End of a law school era?" (National Law Journal), he discusses these changes and their implications for law students and new lawyers, and gives budding lawyers some advice.

Those who flourish tend to: 1) highlight an area that is most interesting to them; 2) identify the people with whom they want to associate; and 3) understand where key issues in their areas of interest proliferate. These factors give them a sense of direction. Students who take the time to craft this brief plan are not just looking for a job; they are architecting a career. It is a mindset that has been passed from senior partner down to junior associate, and must now be transferred from practitioner to pupil.

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Unlike law students in the past who would take classes or CLE courses to demonstrate their interest in a particular subject, students today can distribute their views in a blog or via Twitter 

More about the U of Miami School of Law eight-week program on contemplative practices

I mentioned this program earlier in the week. Since then I have learned more because my friend Scott Rogers, the program's founder, explained more in a phone conversation and then mailed me some information. It is quite an impressive endeavor! You can read more about the 8-week program here at The Mindful Law Student.

What I received in the mail from Scott was nothing short of amazing. He sent me a several-page booklet which explains to students the program and its benefits. The booklet also describes several program offerings in addition to the 8-week program. Offered will be a 5-session Saturday lecture series; the topics: exercise, meditation, sleep, food, and music and aroma.

And other lectures and workshops to be offered during the fall term:

• Mindfulness, Balance, and Stress Reduction: Finding the "I" of the Hurricane
• Wellness Week Presentations to Students and Faculty
• Mindfulness and the First Practice Exam: From Worrier to Warrior
• Mindfulness, Balance & The Law Student's Brain

The programs appear to be very popular, As I said in my last post, about 80 1Ls are involved in the 8-week program, many more than were expected to enroll.

Scott also sent me an example of "The Monthly Mindfulness Reminder Card." From the booklet:

This 5x7 color card is distributed on campus each month. Learn brain facts, mindfulness exercises,and health tips, as well as the dates of upcoming seminars, workshops, and events.

This program is very complete, yes? Scott even has a Twitter account from which he will send students daily mindfulness reminders!

On a related note: A better way of looking at work-life balance, don't you think?.

Economy drives changes in law school curricula: Incorporating more practical skills

Some of the changes being made across the country as well as some of the precipitating factors are described in "Reality's Knocking" (National Law Journal). A couple of excerpts:

Although the law school curriculum reform movement is gaining steam, legal educators said, progress is piecemeal and not comprehensive.

"It's a mixed bag," said Roy Stuckey, a retired professor from the University of South Carolina School of Law and author of the Clinical Legal Education Association's 2007 report, Best Practices for Legal Education. "Some schools are wholeheartedly addressing change, and there are some schools that don't seem to be paying attention."

It's difficult to get a true sense of the extent of curriculum reform, Stuckey said, because some schools claim that they are making significant changes when, in fact, the changes are relatively minor. However, it's clear that more schools than ever are seeking ways to be more relevant, he said.

The dean of one school thinks curriculum changes might be helping students get jobs.

Lisa Kloppenberg, Dean of the Univer sity of Dayton School of Law, said that curriculum reform has been a positive thing for the school and its students. Dayton is credited with being among the first to undergo a serious curriculum revamp. In 2005, it launched its "Lawyer as Problem Solver" curriculum, which requires every student to take a course in alternative dispute resolution, an externship and at least one clinical or capstone course based on a real practice simulation.

Statistics for the class of 2008 — the first to complete the new curriculum — showed that placement improved by 2% in a year when average placement figures fell slightly at law schools nationwide.

Is your alma mater making any changes? Do you think it should?

Dean of U of Miami Law School offers 1Ls incentives to defer legal ed for one year

From "Another View: Lock the Law School Doors" (New York Times):

This summer, in the staid world of legal education, where curriculum is uniform and scholars are trained in the art of like-mindedness, one dean hatched a contrary plan.

In a memo to incoming students, Patricia D. White, the dean of University of Miami School of Law, surmised: “Perhaps many of you are looking to law school as a safe harbor in which you can wait out the current economic storm.” She then urged them to “think hard” about their plans and offered incentives for those willing to defer for one year.

“The nature of the legal profession is in great flux,” Dean White observed. “It is very difficult to predict what the employment landscape for young lawyers will be in May 2012 and thereafter.”

On a related note: My friend Scott Rogers is teaching about 80 students in that University of Miami Law first-year class an 8-week course in mindfulness. More about that soon.

Post related to the New York Times article: Law School. Worth the gamble?? (The Legal Watercooler).

More about Dean White's offer.