The Mindfulness Memo

Question Presented

Whether mindfulness benefits one's experience practicing law or whether the practice of law benefits one's mindfulness practice.

Answer

Both, though it depends upon one's intentions. Each reinforces the other.

Discussion

The introduction of mindfulness to the legal community assumes a variety of forms and purposes. Forms arise out of traditional mindfulness teachings dating back to the Buddha, to spiritual and religious practices that contain core mindfulness aspects, to more modern day applications devoid (and some would say stripped) of any spiritual or cultural embrace. The purposes include stress-reduction, more effective and satisfying legal practice interpersonal exchanges, and greater well-being in one’s personal and professional life.

Often, the practice of mindfulness is seen as an antidote to a highly stressful and intense professional career—a counterbalancing force to help sustain enthusiasm, health, and happiness. At a deeper level, however, the practice of law can be viewed as a mindfulness practice as an end in itself. While this is in keeping with a broad view of mindfulness as a way of living life, and not as a means to an end, a reminder of this insight can be helpful to attorneys, judges, and law students as they seek to integrate mindfulness into their legal students and practice.

Just a life continually unfolds in ways we find to be challenging and that serve as obstacles to the easeful life we seek and cherish, the practice of law can, for many of us, accentuate many of these challenges and obstacles. And so while a traditional mindfulness practice looks these challenging events as opportunities to cultivate greater mindfulness, so too the myriad events in the life of a lawyer can serve as cues to awaken and practice mindfulness.

In fact, the more challenging one finds their daily circumstance—the difficult client, the angry adversary, the impulse to breach an ethical rule, the adverse ruling--the more opportunities one will find to practice. For those interested in developing their mindfulness practice, such events are truly regarded as opportunities—with the intention and commitment to cultivate great mindful awareness serving an end that can envelop the angst of the moment. And because living a mindful life is a journey, and because a keen understanding of mindfulness is to see beyond judgment (and with it expectations), rather than achieving “success” along the way by, one continually takes steps along the path. Through this deliberate and patient process, we do cultivate a greater mastery over challenging situations, but even more, we come to know a self-compassion that can be far more satisfying and liberating.

In his book, “Present Moment, Wonderful Moment,“ Zen master, Thich Nhat Hanh offers mindfulness verses for everyday living that can be practiced at anytime to cultivate mindful awareness. Examples include when the phone rings, when washing one’s hands, and when walking, For example, he offers the following as a mindfulness practice when walking:

With every step, my heart beats.

The beauty of this simple verse, or gatha, is that whereas our minds can be racing as we walk from one place to the next, if one remembers to do so, walking can serve as a mindfulness cue and the practice brings our awareness back to the body-back to the present moment.

In “Mindful Parenting,” I was inspired by Thich Nhat Hanh to develop verses that a parent might find helpful to reclaim mindful awareness during the busy day—both when with their child and when separated from their child. Here, the life of a parent created the very context in which a mindfulness practice might naturally arise. An example of a verse for "When Your Child Cries" is:

At first your cries may confuse me
But now I can feel your heart beating so fast
That I can taste the salt of your tears

Below are a few verses that you may find helpful as you go about the day practicing law. While they can be seen as exercises for finding balance and relieving stress, they can also be seen as opportunities to practice mindfulness—and to deepen one’s mindfulness practice, regardless of whether in the moment of practice they achieve balance or relieve stress.

1. Upon Prevailing in a Hearing or Trial

Victory is mine
Yet I am the same person as I was before
No better, no worse
So too, my opponent

2. Upon Losing a Hearing or Trial

Losing is no simple matter
It reaches deep inside and tugs
At the very essence of my worth
Breathing in, I feel this moment's caress
Breathing out, I smile

3. When Anger Urges Us to Step into the Gray Zone

Outraged
I feel the urge to step
Into a place that will feel good, but not for long
Breathing in, I remember my true nature

4. A Challenging Exchange with Opposing Counsel

Opposing counsel
Is acting hostile and outrageous
Looking deeply
Might I find myself?