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TABLE OF CONTENTS

 

 


From the Introduction

1. Terra CogJnita

2. Integrating your
Heart and Mind

3. The Balanced Practice

4. The Contemplative Practice

>> 5. The Mindful Practice

6. The Time-Out Practice

7. The Healing Practice

8. The Listening Practice

9. The Service Practice

10. Practicing Integrative Law

11. The New Client

12. Legal Education
at the Threshold

13. The Choice is Yours

14. Transition and Opportunity

 

ARTICLES BY STEVEN KEEVA
REVIEWS/BLURBS
PURCHASE THE BOOK
 

 

From Chapter Five: THE Mindful Practice

Actio sequitur esse: Action follows being.

 

Here are some of the things that Florida plaintiff's attorney Warren Anderson tries to be mindful of while he's working on a case:

  • the essential beauty of life, and the fact that handling this particular case is why he went to law school
  • that accepting representation of another human being is a serious commitment and should always be treated as such
  • that it is important to always try to see the situation from the other side's point of view
  • that both the case and his clients "interconnect with the larger web of life"
  • that the situation calls for humbleness, restraint, and compassion even while he is zealously representing his client within the law

But his mindfulness doesn't stop there. He tries to be wholly present to whatever he is doing, thinking, and feeling. That is the essence of mindfulness, as it has been practiced--mostly in the East--for thousands of years.

Realizing that he, like the rest of us, habitually gets lost in thoughts, expectations, and automatic emotional reactions, Anderson acknowledges that the practice is a challenge. "It's a couple-step process. I often catch myself not doing it, and then I try to do it. The thing is, we're trained not to do it and to just represent clients zealously at the expense of everything else. But it's a practice that helps me remember that I have a responsibility to more than just that--to the court, to justice, to ethics."

_______

What makes the practice of mindfulness so valuable for lawyers is that it requires no special equipment and can be done anywhere, at any time. In other words, it is a practice for developing the inner life that can be done while you practice law. And it has tremendous practical benefits. When you are mindful of the moment in a nonjudgmental and open way, you can suddenly see things you never noticed before; new choices become possible. You can see stressful situations with greater clarity and calm; this gives you a chance not to lose your balance, and to face the situations creatively and with confidence. No longer on autopilot, you can really look at what is important to you and realize that, although much of what happens to you is beyond your control, you have enormous power over how you respond to, and deal with, whatever comes your way.

_______

Stacey is a Colorado lawyer who does mostly bankruptcy work. She's had a bit of training in mindfulness and does a fair amount of reading on the subject. When she is mindful, she says, she feels as if she has a whole new palette of options available to her every minute of her day. Suddenly she realizes that this amazing spectrum of choices has been there all along; she had only to turn on the light of awareness to notice it.

When Stacey is practicing mindfully and a colleague or opponent flies off the handle, she tries to simply notice the feelings that come up for her without responding reflexively. Instead, she waits until she's ready. Oftentimes she chooses to look more deeply, to consider what might be behind the outburst. Maybe there's an illness in the person's family, or perhaps someone just told him off.

In the past, when an interview with a client was getting off track, Stacey became self-critical; internal voices told her she really didn't know what she was doing and even questioned her choice of work. Now when that happens, she just watches it happening, often noticing that her stomach is knotting up. She lets herself be aware of it all without having to get attached to it. She doesn't fight the voices or the physical sensations, so they have no real power over her. Suddenly she becomes aware that she can choose to work with the client in a different way. She stops, takes a mindful breath, and thinks about how she might connect with the person in her office in a way that helps them both find their way.

________

In mindfulness practice, the primary tool for cutting through the fog in the mind and finding your place in the present moment is awareness of your breath. As a focus for attention, it is unsurpassed. It's always there with you, and it is intimately tied to your presence here on earth, so paying attention to it is an excellent way to remind yourself that you are, in fact, here. Now. . . . .Carlton is a public defender in the Northwest. When he's in trial and it's time to start his cross-examination, he makes a point of connecting with his breath. Inevitably that brings with it a realization that he is in the courtroom representing another human being, not off in his mind somewhere. Then all sorts of things can happen. It's almost as if he can see spaces between moments, enabling him to use each one consciously. If he is in command of all his materials, if he knows the case inside out, the added sense of self-awareness makes everything flow smoothly and he feels absolutely in control, like a real maestro.

(Chapter 5 includes mindfulness exercises)

 

 
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