Civility in Our Conversations about Race and Culture

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Mary I. Yu, Civility in Our Conversations about Race and Culture, 66 Wash Bar News 5, (May 2011)
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Summary

Judge Yu proposes that civility should be used both within and outside the legal profession to start important and necessary conversations about race. “Civility calls us to a state of compassion and empathy. An active and civil engagement about a difficult topic such as race would also permit us to reveal our own biases, share our unfamiliarity of traditions and practices, and expose our ignorance of certain facts without causing personal pain to another. And when we inadvertently cause pain to another, civility requires an apology and a request to rewind and start over. At the same time, the practice of civility also requires vulnerability; it means that some of us must take the risk of sharing the pain of being on the receiving end of bigotry, both real and perceived, with the hope that the listener might better understand its impact.”

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Looking at the World Through Other People's Eyes

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Jeff Tolman, Looking at the World Through Other People’s Eyes, 66 Wash. Bar News 3, (Mar. 2011)
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Summary

Lawyers must be able to see from variety of perspectives including those of the judge, the client, the opponent, the witness, and Father Time. They must consider the case through the judge’s perspective and ensure that the argument is legally sound, makes sense, and furthers the cause of justice.

Lawyers must not only be able to understand clients, but they must also be able to tell clients’ stories in a human, personal way in order to “bring life to their argument.” Mr. Tolman writes about a colleague who had a client who was in a nursing home. To better understand his client’s situation and to better convey the client’s story, this colleague spent two days in bed in the nursing home next to his client’s bed.

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Inspired by the Wonder of Poetry

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Janet Ellen Raasch, Inspired by the Wonder of Poetry, A.B.A.
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Summary

Can even the most cynical lawyer be softened by poetry?  Yes, according to Janet Ellen Rausch who describes a law firm retreat that incorporated poetry, mosaic building and a significant contribution to a local school library.  School children wrote letter of thanks to the attorneys and the lawyers responded.  This is community in action. 

Dr. Maya Angelou and David Whyte inspired the lawyers at Gibson, Dunn and Crutcher with their poetry.  Artist Synthia Saint James contributed with her design for a mosaic that the 800 lawyers constructed together.

William Wegner, a trial partner described the retreat.  “It was an experience that provided something for the spirit and soul of everyone in the firm.” 

Revenge of the Right Brain

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Daniel H. Pink, Revenge of the Right Brain: Logical and precise, left-brain thinking gave us the Information Age. Now Comes the Conceptual Age - ruled by artistry, empathy, and emotion, Wired, Issue 13.02 (2005)
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Summary

Mr. Pink posits that our economy has shifted from the Information Age, which was based largely on left-brain logic skills, to the Conceptual Age, which requires more right-brain inventive and empathic skills. He explains that “[w]e've progressed from a society of farmers to a society of factory workers to a society of knowledge workers. And now we're progressing yet again - to a society of creators and empathizers, pattern recognizers, and meaning makers. He attributes this shift to Asia, automation, and abundance.

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Lost in Translation

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Lera Boroditsky, Lost in Translation, The Wall Street Journal, July 23, 2010
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Summary

Language impacts our thinking; how we see, understand, and interpret events; and our relationship to time, space, and causality.

That language influences our thinking has been demonstrated in studies of Russian language speakers, indigenous tribes, the Piraha, and Spanish and Japanese language speakers. Because the Russian language has more words for light and dark blues, Russian speakers have greater ability to visually discriminate shades of blue. Because some indigenous tribes use “north, south, east and west” instead of “left” and “right” to indicate direction, members of these tribes have great spatial orientation. Because the Piraha use inexact terms such as “few” and “many” instead of actual numbers to quantify, they are not able to keep track of exact quantities. Because Spanish and Japanese languages don’t have agents of causality of accidents, ("The vase broke itself," rather than "John broke the vase.") they are less able to remember the agent of the accident. In a study comparing cross-linguistic eye-witness memory of Spanish, Japanese, and English speakers, subjects watched videos of people doing something intentionally or accidentally. When asked to recall who did the action, Spanish and Japanese speakers were able to remember the agents of intentional events as well as English speakers because their language would mention the agent of intentional events; however, they were not able to remember the agents of accidental events as well as English speakers.

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Lose the Box

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Steven Keeva, Lose the Box (Sept. 12, 2004, 11:46 AM CST), A.B.A. J.
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Summary

Mr. Keeva explores the loss of creativity in law school. He observes that when law students’ motivations shift from internal to external ones — a well-documented process in the first year of law school — they often lose their creativity at the same time.

The California Western Law School’s focus on solving legal problems is a valuable shift in sustaining the creative juices for law students. Thomas Barton, who teaches creative problem-solving and preventative law at Cal Western, believes our communities require well-solved problems. In addition “doing creative work feels great.”

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The Mindful Lawyer

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Robert Zeglovitch, The Mindful Lawyer, GPSolo Magazine (Oct.-Nov. 2006).
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Summary

Mr. Zeglovitch advocates for lawyers to practice what he calls “mindfulness meditation.” To practice mindfulness meditation, a person must mentally and physically slow down enough to become aware of movement within and around them. Mr. Zeglovitch explains that a mediation practice can benefit lawyers for the following reasons:

  • Stress-related health problems, depression, and substance abuse rates are high for lawyers; meditation is proven to reduce the effects of stress, which can help lawyers.
  • Lawyers measure themselves in terms of success and failure. “Meditation practice has no expectations of outcome; the goal is simply to be….Lawyers can benefit from regularly setting aside a mind consumed by winning and losing.”
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Lawyers: Leading with Integrity

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Stella Rabaut, Lawyers: Leading with Integrity, Washington State Bar Association, (October 2013)
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Summary

Ms. Rabaut suggests that lawyer leadership work begins with inner personal work that helps the legal profession evolve into a more conscious, creative and collaborative practice:

  • Consciousness — undertaking mindfulness exercises helps lawyers feel and perform better, derive and deliver more satisfaction, and relieve suffering in themselves and others.
  • Creativity — viewing law as a healing profession turns adversaries into healers, provocateurs into peacemakers, entrepreneurs into service providers.
  • Collaboration — shifting from an adversarial and competitive stance to one of collaboration and problem-solving for their clients can achieve more satisfying results.

She advocates for lawyers to integrate the rational and logical skills of the head with the reflective, imaginative, and relational skills of the heart. Among the practical behaviors to engender this integration, she suggests that lawyers establish time for reflection, time for pursuing clarity about underlying values, and time for constantly reassessing their actions and deeper purpose.

Putting Relaxation Back Into Firm Retreats: Loosening Up the Lawyer Mind

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Janet Ellen Raasch, Putting Relaxation Back Into Firm Retreats: Loosening Up the Lawyer Mind, 32 Law Prac. (Jan.-Feb. 2006).
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Summary

Ms. Raasch writes that progressive law firms are making their annual retreats more engaging and productive through creative use of relaxation. Techniques have included a wide range, from talent shows and spas to paintball and horse whispering. Play and leisure can foster collaboration, strategic thinking, and problem-solving skills.

Patrick McKenna, explains that the most successful firm retreats have one or more of the following five principal goals: To develop a consensus among the firm members; to create a strategic plan; to conduct internal business; to provide skills training; and/or “to create an opportunity for lawyers to get to know one another in a relaxed setting.”

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Law Prof Teaches Meditation Techniques for Lawyers

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Leslie A. Gordon, Law Prof Teaches Meditation Techniques for Lawyers, A.B.A. J. (Feb. 1, 2014)
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Summary

Professor Charles Halpern is currently a scholar in residence at University of California at Berkeley’s Boalt Hall and director of the Berkeley Initiative for Mindfulness in Law. He is a pioneer in the contemplative law movement, having led meditation retreats for law professors and law students in the 1990’s for Yale Law School. He currently teaches a course on effective and sustainable law practice at Boalt Hall and offers retreats for legal professionals in Marin County, California. 

Prof. Halpern explains that through a regular practice of reflection and meditation, lawyers learn

“a cluster of emotional intelligence skills that are undervalued in legal practice and education.”

In addition, such practices enhance “listening skills, improve…focused attention in complex situations and enable…attorneys to make empathetic connections with others.”

Seeking Serenity: When Lawyers Go Zen

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Amanda Enayati, Seeking Serenity: When Lawyers Go Zen (May 2011)
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Summary

Ms. Enayati states that meditation not only can help lawyers avoid the propensity for depression, substance abuse, and dissatisfaction, but more importantly, it also helps lawyers be more effective and is influencing the practice. She explains that mindfulness practice for lawyers is becoming much more common, along with mindfulness-related law-school courses, retreats, workshops and CLEs. Notably, Justice Stephen Breyer sits quietly for 10-15 minutes, twice a day, thinking about nothing or as little as possible. Although he doesn’t call it “meditation,” he says it makes him “more peaceful, focused and better able to do [his] work.” Beyond stress management, mindfulness practice helps lawyers be more focused, more active listeners, better at helping clients, and better at serving justice. Mindfulness practice is also contributing to innovations in the law. These include collaborative law in family practice, which emphasizes trouble-shooting and problem-solving in divorces, rather than a fight to win, and restorative justice in criminal law, which focuses on reconciliation, restoration, healing, and rehabilitation. Overall, there is a movement towards the emergence of law as a healing profession and lawyers as peacemakers.

Professionalism

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Sandra Day O’Connor, Professionalism, 78 Or. L. Rev. 385 (Summer 1999)
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Summary

Justice O’Connor cites research that shows a high and increasing number of lawyers are dissatisfied with their profession; she suggests that declining professionalism is, in part, the cause of lawyers’ job dissatisfaction and the public’s unfavorable opinion of lawyers and the profession.

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The Value of Civility in the Legal Profession

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Harry J. McCarthy, The Value of Civility in the Legal Profession, WASHINGTON STATE BAR NEWS (Aug. 2011)
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Summary

In “The Value of Civility in the Legal Profession,” Judge McCarthy argues that civility in the legal profession still has a way to go before it is fully integrated. Judge McCarthy states that uncivil behavior is rampant in our public sphere today, sending the message that “courtesy is a sign of weakness that does not get results.” He posits that civility is essential for professionalism and that professionalism is at the core of being a successful lawyer. “The very best attorneys, well-versed in the traditions of civility, can conduct an important cross-examination, even one of a hostile witness, and do so in such a productive and respectful manner that the goals of the cross are met while simultaneously maintaining a high standard of professionalism.” McCarthy concludes that despite the ways in which the law profession has changed, lawyers can and should be courteous, remain respectful, and act with integrity at all times in order to achieve success and to uphold the time-honored traditions of the legal profession.

Igniting a Culture of Civility

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Paula Lustbader, Igniting a Culture of Civility, WASHINGTON STATE BAR NEWS (January 2011)
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Summary

Outlining the goals of Robert’s Fund, Professor Lustbader defines civility broadly and pinpoints its significance in the legal profession. Lustbader understands civility to be more than just politeness—rather, civility is “courage with kindness.” She reasons that because lawyers are influential policy makers, encounter possibilities for conflict in their daily professional practice, and serve as role models for many people and communities, working to foster civility within the legal profession can promote greater civility in society generally. According to Lustbader, civility benefits lawyers personally, strengthens their profession, helps build meaningful relationships with clients, increases client loyalty and client base, and leads to more successful outcomes.

Civility: It's Not a Sign of Weakness

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Julie Braman Kane, Chairman, NCA Bd. of Trustees, Address at the Educ. Program for AAJ 2007 Annual Convention in Chi., Ill.: Civility: It’s Not a Sign of Weakness, July 14, 2007
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Summary

Ms. Braman Kane defines civility and equates it with honesty and professionalism:  George Washington defined civility as “acting always with respect to those around you and by being controlled by your own conscience.” Abraham Lincoln, addressing new law graduates, stressed the importance of honesty.  A 19th-century Connecticut State Chief Justice stated that a lawyer must be honest, above all, and professional, warning against a system of “legalized plunder” where professionalism and honesty are bypassed.  The ABA Model Rules Professional Responsibility 4.1 and 8.4 require honesty and integrity.

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'Civil' Practice in Maine

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Thomas E. Humphrey, Chief Justice, Me. Super. Ct., ‘Civil’ Practice In Maine Address at the Me. State Bar Ass’n Annual Program: Bridging the Gap (Nov. 30, 2004), in 20 Me. B.J. 6, Winter 2005.

Summary

Chief Justice Thomas E Humphrey of Maine discusses how the legal profession can be improved by focusing on civility. He defines incivility as “all manner of adversarial excess, … personal attacks on other lawyers, hostility, boorish behavior, rudeness, insulting behavior, and obstructionist conduct, …as behavior that is disagreeable, impolite, discourteous, acerbic, acrimonious, obstreperous, ill-mannered, antagonistic, surly, ungracious, insolent, uncouth, disparaging, malevolent, spiteful, demeaning, vitriolic and rancorous--and sometimes all of these in one short deposition.”

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