idealawg

Mindfulness in legal practice is going mainstream

The ABA Journal recently included an article on mindfulness in the law. From "Mindfulness in legal practice is going mainstream":

“I stay calm myself to get the best out of my clients, to get the best out of opposing counsel,” says Tosta, now a partner at McKenna Long & Aldridge who writes and speaks about applying a contemplative perspective to the law.

As Tosta was learning to still his mind, a similar shift was occurring across the profession as a growing number of lawyers discovered mindfulness practices and, more important, began talking to each other about it.

The late Steven Keeva, an editor at the ABA Journal, wrote about it in his book, Transforming Practices: Finding Joy and Satisfaction in the Legal Life. Law professors began teaching their students to meditate. New studies were released suggesting meditation may strengthen the brain. And as economic pressures mounted in the past few years—and concern about anxiety and depression among lawyers grew—so did interest in these practices that were said to sharpen decision-making skills and combat stress.

“The recession was really an important catalyst,” Tosta says.

Will you be attending the conflict coaching seminar in Denver?

A colleague and I are organizing a seminar to be taught in Denver by Dr. Tricia Jones; the topic is Jones's model of conflict coaching called Comprehensive Conflict Coaching. (Click to read about Jones's book on conflict coaching.) Earlier this week I sent out an email to several friends and colleagues about this and other events, and received back a number of unsolicited accolades about Professor Jones. After reading these emails with glowing reports, I am now even more excited to attend her program.

A short program description:

Conflict Coaching is an empowering, supportive one-on-one process to develop an individual’s understanding of conflict dynamics, and related interaction strategies and skills.

Conflict Coaching is a skill that supports leadership effectiveness, working with parties dealing with unresolved conflict, and as an alternative to expensive litigation.
 
Human resource professionals, managers, supervisors, educators, mediators, and attorneys will all benefit from this training.

Participants in the workshop will learn the key principles, stages and strategies used in the Comprehensive Conflict Coaching Model which is based on Dr. Jones’s research and extensive experience in the field.

The program in Denver will be 3 days long and will take place during one of these two times this year: the week of June 10 or June 17. We need to know very soon which of these dates works for most people interested in attending. Please email your preference here.

The attendance fee will be approximately $500 for the three days. Cost will vary slightly depending on the number of attendees. (Maximum number is 20.) Ready to sign up? Have some questions? Email Francine Campone. I hope to see many of you here with us in June!

Overview of one model: Comprehensive Conflict Coaching

Click to read a chapter from Conflict Coaching: Conflict Management Strategies and Skills for the Individual by Professors Tricia Jones and Ross Brinkert. The chapter gives an overview, including stages, of one model of conflict coaching, and includes the theoretical underpinnings of this particular model. The model is called Comprehensive Conflict Coaching.

The Texas Conflict Coach® Radio Blog Program: February Series

As you can see from the announcement below, I will be featured on one of the programs next month. The calls look good; perhaps you will consider joining one, two, or more?

The Texas Conflict Coach® Blog Talk Radio program announces “Your Brain on Conflict” Series starting in the month of February, held every Tuesday night from 7:00-7:30 pm CST/8:00-8:30 pm EST.

To participate, either go to the designated link for each program or call-in live at 347-324-3591.

February 5th: Your Brain on Conflict: “Resistance is Fertile”
Guest: Scott Rogers

What happens in our brain when we are engaged in an emotionally-charged conflict?
Neuroscience or brain science has emerged with answers that help us begin to
understand the physiological, emotional, and cognitive impact on us in these types of
situations. One method for dealing with these intense situations is called mindfulness.
We will explore what mindfulness is and share tips for how to practically apply
techniques to manage conflict and the emotions you experience.

February 12th: Rewire Your Brain to Speak Your Mind
Guest: Anastasia Pryanikova

Every conflict contains a seed that in the right conditions can germinate into a new
understanding, deeper awareness, and creative possibilities. The inner workings of the
brain can advance or hinder this process. This program will explore implications of
current neuroscience research for communication, social interactions, conflict
management, and influence.

February 19th: Brains on Purpose: Traits and States to Shape Your Conflict Fate
Guest: Stephanie West Allen
Host: Zena Zumeta

Our brains are changing all the time. We can be in control of those changes or we can have

Some articles on neuroscience and mindfulness or meditation

At the Texas Tech Web page for Dr. Yi-Yuan Tang, you will find links to several articles on neuroscience of mindfulness or of meditation.

Be an explorer: In just 4 weeks, learn about your fellow mediators

Have you found that some books give you ideas you can't shake? And call you to carry out those ideas, too? Near the turn of the year, I read an idea that called to me—in two entirely different books. It's a way to explore your world, learn more about mediators and pass on what you have learned to the rest of us. And maybe throw in a little artistry, too. Here on the Internet, we can have a mediation scouting expedition.

The idea, first from How to Be an Explorer of the World:

Create a simple survey of at least five questions. Give it to a sampling of people. Document the answers in a way that is interesting and readable. (For instance, as a graph, spreadsheet, or pictogram.)

Next from Active Voice:

Ask a number of people the same question or questions about something you want to know their view of, then summarize what they said or what you learned. Write up. You might depict results in a graph. ...

Want to join me? Let's finish our explorations by February 12. If you post yours on a blog, let me know and I will link to it from this post. Don't have a blog? I will be happy to post your exploration below. I am looking forward to seeing what questions you posed, looking at how you reported or displayed the answers, and learning what you learned

A couple of traits that may be helpful if you want to be creative

If you enjoy thinking (and not everyone does) and are open to new experiences (another trait not universal), you may have a better chance of being creative. That's the premise of a new blog post by Dr. Art Markman. From "Picasso, Kepler, and the Benefits of Being an Expert Generalist" (99u):

One thing that separates the great innovators from everyone else is that they seem to know a lot about a wide variety of topics. They are expert generalists. Their wide knowledge base supports their creativity.

As it turns out, there are two personality traits that are key for expert generalists: Openness to Experience and Need for Cognition.

Click to read the rest. What do you think? (Once again, TypePad is being flaky so I could not indent the quote; sorry.)

What are the top non-tax considerations in estate planning?

My friends and colleagues associated with the Purposeful Planning Institute (an organization about which I have blogged in the past here and here) often have very interesting discussions at this LinkedIn group.

Recently the group was looking at a list of 10 "non-tax estate planning considerations." As an alternative to that list, lawyer Matthew Wesley posted a list I share with you now (with his permission).

1. What is my clients’ deepest non-tax concern about passing on the wealth?
2. Do I understand the strategic considerations of my client?
3. Can I clearly and simply articulate my client's motivations and purposes?
4. Do the estate documents I am drafting clearly reflect and explicitly address the deep concerns, strategic considerations, and motivations of my client?
5. Has my client considered the impact of the inheritance on the lives of the beneficiaries and are the documents structured to address that impact?
6. How do the documents enhance and support the use of financial capital in the development of the human, social and cultural resources of the family?
7. How will the administration of the estate serve to enhance, or at the very least not damage, family cohesion?
8. What has been done to bring the heirs into the planning process and allow them to have some say in the events that will deeply affect their lives? (As Margaret Wheatley famously said "Decisions that are about me that don't include me are not "for" me.")
9. Are the stewards of the assets well suited to the task and how does the trust structure empower rather than enable the beneficiaries? If they heirs are to receive the assets directly have they been prepared emotionally, intellectually and practically to adapt to that event?
10. Finally, as a practitioner, as I turn off the lights of my office and head home, can I do so with the sense that I have done what I could to make the world slightly better place for the people I serve.

Your thoughts on his list? What would you add? Subtract?

Thanks, Matthew for allowing me to post your fine, client-focused list.

Note: You may want to take a look at another active discussion on that same LinkedIn Group: What is the "essential purpose" of the trustee?