Bench & Bar

SEP 2018

The Bench & Bar magazine is published to provide members of the KBA with information that will increase their knowledge of the law, improve the practice of law, and assist in improving the quality of legal services for the citizenry.

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| SEPTEMBER/OCTOBER 2018 46 KYLAP Eckhart Tolle's words hit home for some- one driven by a calendar: All negativity is caused by an accu- mulation of psychological time and denial of the present. Unease, anxiety, tension, stress, worr y — all forms of fear—are caused by too much future, and not enough presence. Guilt, regret, resentment, grievances, sadness, bitterness, and all forms of nonforgiveness are caused by too much past, and not enough presence. [Emphasis added]. 6 Judge Jeremy Fogel, Director of the Fed- eral Judicial Center, has written about the important role of mindfulness in assisting judges in "slowing down one's mental pro- cesses enough to allow one to notice as much as possible about a given moment or situation, and then to act thoughtfully based on what one has noticed." 7 In the 1990s, mediators for the United States Court of Appeals for the Ninth Circuit attended training on mindfulness. In between its inception in the late 1980s and now, many law firms and law schools have started providing mindfulness training for law students and lawyers. When asked how we're doing, we invari- ably say "we're fine." But our profession is decidedly not fine. We can do better. We can take better care of ourselves physically, mentally, and spiritually. And in the pro- cess of doing better, we will feel better; we will practice better; and we will BE better. Perhaps the easiest way to start is with the practice of mindfulness. All of the research shows that we will perform better when we incorporate mindfulness into our daily lives. And spoiler alert: it's easy, it's free, and you don't have to move to do it. ere are plenty of Apps to help you begin. Try starting with five minutes of mindfulness a day for a couple of weeks. en increase it to 10 minutes a day for a couple of weeks. At the end of a month, you will be amazed, as I was, at the changes in your resting heart rate, short-term memory, and your mental acuity. By making small changes we can write a very different narrative for ourselves. We can experience joy, peace, and happiness in our law practice. How many lawyers have you heard talking about having those expe- riences (joy, peace, and happiness) in their law practices at bar functions or at happy hour recently? Not many. But things can change, and it starts with taking a deep breath . . . and smelling the roses. ENDNOTES 1. https://medium.com/thrive-global/ mindfulness-meditation-whats-the-differ- ence-852f5ef7ec1a. 2. Jon Kabat-Zinn, Wherever You Go, ere You Are 4 (1994). 3. Jon Kabat-Zinn, Full Catastrophe Living 125 (1990). 4. https://medium.com/thrive-global/ mindfulness-meditation-whats-the-differ- ence-852f5ef7ec1a. 5. http://www.oprah.com/own-super-soul-sun- day/is-there-a-difference-between-mindful- ness-and-meditation-video. 6. Eckhart Tolle, e Power of Now: A Guide to Spiritual Enlightenment (page unknown). 7. Judge Jeremy D. Fogel, Mindfulness and Judg- ing, http://www.c.gov/public/pdf.nsf/lookup/ Mindfulness-and-Judging-Fogel-FJC-2016. pdf. RESOURCES Jon Kabat-Zinn, Mindfulness— An Introduction (YouTube) https://www.youtube.com/ watch?v=xeCXhXDkzpw Why Mindfulness is a Superpower: An animation (YouTube) https://www.youtube.com/ watch?v=w6T02g5hnT4 e Science behind Mindfulness Meditation https://www.youtube.com/ watch?v=VTA0j8FfCvs After Watching is, Your Brain Will Not Be the Same | Lara Boyd | TedxVancouver https://www.youtube.com/ watch?v=LNHBMFCzznE J. Patton Hyman, e Mindful Lawyer: Mind- fulness Meditation and Law Practice, Vt. B.J., Summer 2007, at 40 Scott Rogers, Stop, Look, and Listen: Regain your Focus rough Mindfulness, Young Lawyer, vol. 15, no. 4, at 3 (2011) Susan R. Miles, What is Mindfulness Based Stress Reduction and Why Should I Care? (Minn. Bar Assoc., Aug. 2015) James Doty, MD, Into the Magic Shop: A Neurosurgeon's Quest to Discover the Mys- teries of the Brain and the Secrets of the Heart (APA, 2016) Robert Zeglovitch, e Mindful Lawyer, 70 Tex. B.J. 234 (2007) J. Kabat-Zinn, Mindful- ness for Beginners (2012) Cho, Jeena, and Karen Gifford. e Anxious Lawyer: an 8-Week Guide to a Joyful and Sat- isfying Law Practice through Mindfulness and Meditation. American Bar Association, 2016. ABOUT THE AUTHOR YVETTE HOURIGAN is the director of the Kentucky Lawyer Assistance Program (KYLAP). KYLAP provides assistance to all Kentucky law students, lawyers and judges with mental health issues and impairments including depression, substance or alcohol addic- tions, process addictions and chronic anxiety disorders. Hourigan is a graduate of the University of Kentucky College of Law, and practiced in all areas of civil litigation in Lexington before she was appointed as the KYLAP Director. Hourigan is credentialed as a Certi- fied Employee Assistance Professional and an Adult Peer Support Specialist. She is a member of the ABA Commis- sion on Lawyer Assistance Programs, Chair of the ABA/COLAP Diversity & Inclusion Committee, and a member of the National Task Force on Lawyer Wellbeing. In 2014, she was awarded the Dave Nee Foundation's Uncommon Counselor Award which is given to a member of the legal profession who exhibits "extraor- dinary compassion and concern for co-workers, family, friends, and commu- nity." You may contact her at yhourigan@ kylap.org and (502) 226-9373.

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