Wellness

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On this Labor Day, some of us business law profs are about to start our semesters, while others are already a few weeks into the fall term.  However, we all understand that our profession involves labors of many kinds.  Seldom do we reflect on those labors with the thought of planning for a positive experience for all.  Today seems like a good time to do that.

A bit more than two weeks ago (August 15), as many of us were beginning to teach for the semester, our law professor colleague Etienne Toussaint (University of South Carolina Joseph F. Rice School of Law, @ProfToussaint) posted a set of tips and strategies for law professors on Twitter (rebranded as X).  His counsel is so wonderful–so apt.  I asked if I could re-publish his post here, and he gave me permission to do that.  So, here are Etienne's words of advice, introduced as he introduced them in his original post.

I always get nervous, so planning helps.

Here are ten tips and strategies to help you (and me) get mentally prepared and set a positive tone in the classroom to ensure a great experience for both you and your students this upcoming academic…

Sometimes, the scholarly enterprise offers one the opportunity to deeply learn while sharing embedded knowledge.  I never thought that my 2022 Southeastern Association of Law Schools discussion group on Elon Musk and the Law would turn into such a rich learning experience.  But it did.  

In organizing the group, I knew folks would focus on all things Twitter (especially as the year proceeded).  But because of the kind offer of the Stetson Law Review to host a symposium featuring the work of the group and publish the proceedings, I was able to dig in a bit deeper in my work, which focused on visioning what it would be like to represent Elon Musk.  The resulting article, "Representing Eline Musk," can be found here.  The SSRN abstract follows.

What would it be like to represent Elon Musk on business law matters or work with him in representing a business he manages or controls? This article approaches that issue as a function of professional responsibility and practice norms applied in the context of publicly available information about Elon Musk and his business-related escapades. Specifically, the article provides a sketch of Elon Musk and considers that depiction through a professional conduct lens…

"Whatever your life’s work is, do it well. "
-Martin Luther King Jr., “Facing the Challenge of a New Age,” Dec. 3 1956, Montgomery, Alabama

 

These words from Dr. King have meaning for me today and every day.  Many lawyers and law professors are strivers, and I count myself among them.  We understand the burdens and joys of our roles and pursue them with vigor.  Having recently stepped back from an interim administrative role at UT Law, I feel more free to refocus on my instructional mission.

A tweet from a law prof colleague over the weekend asks a question that resonates.

Screen Shot 2024-01-15 at 12.11.00 PMI just love this observation and the related question! I am not on social media as much as I used to be, but when I am, I often am rewarded by tidbits like this.  Thank you, David, for commenting and asking.

I did reply.  FWIW, my reply was "For me, it’s about setting limits and persevering. There’s always more one can do. But we need sleep and time away to be most effective. And so we must sleep and save things for another day!"  Other replies offered similar and other personal wisdom.

Our roles as law…

If you follow me on LinkedIn, you know that I posted almost every day in May for Mental Health Awareness Month.
 
Last week,  I had the opportunity to discuss mental health and well being for an AmLaw 20 firm (one of my coaching clients) that opened the presentation up to all of its legal professionals. Hundreds registered. Too often, firms or companies focus on those with the highest salaries. As a former paralegal, I know how stressful that job can be. And I know I could never have done my job as a lawyer without the talented legal professionals who supported me.

Here are some scary statistics that I shared from the most recent ALM Mental Health and Substance Abuse Survey.

If you’re a law firm leader or work with legal professionals in any capacity, please read the report and take action. If you can’t get rid of the billable hour (which would solve a lot of issues), think about how you allocate work, respond to unreasonable client demands, and reward toxic perfectionism and overwork. 

✅ 71% of the nearly 3,000 lawyers surveyed said they had anxiety

✅ 45% said their morale has not changed since the pandemic

✅ 38%

…

In 2021 and again in 2022, I blogged about Well-Being Week in Law.  The first week in May bears this title, offering a chance for all of us to focus on how to best ensure that those involved in legal service work can flourish in our work and in the rest of our lives.  As the website notes:

When our professional and organizational cultures support our well-being, we are better able to make good choices that allow us to thrive and be our best for our clients, colleagues, organizations, families, and communities. It is up to all of us to cultivate new professional norms and cultures that enable and encourage well-being.

I agree with all of that.  And as an instructor and researcher and public servant who dedicates significant time to lawyer leadership, I focus a lot of attention on the legal profession and developing the whole lawyer.  So, count me in as a fan.

But this year, I did not post on Well-Being Week in Law, which was last week.  I carry a small amount of guilt for that (and for not getting this post up yesterday, too, when I had originally planned to publish it), since…

Warning: this post addresses suicide.

I was supposed to post yesterday about a different topic but I'm posting today and not next week because someone needs to read this today.

Maybe it's you. Maybe it's your "strong" friend or colleague.

I found out yesterday that I lost a former student to suicide. She lit up every room she walked into and inspired me, her classmates, and everyone she met. I had no idea she was living in such darkness. Lawyers, law students, compliance professionals, and others in high stress roles are conditioned to be on top of everything. We are the strong ones that clients and colleagues rely on. We worry so much about the stigma of not being completely in control at all times, that we don't get help. We worry that clients won't trust us with sensitive or important matters. We worry that we won't pass the character and fitness assessments to get admitted to the bar. 

The CDC released a report this week showing an alarming rise in depression, suicidal thoughts, and anxiety among our youth. The report noted that:

  • Female students and LGBQ+ students are experiencing alarming rates of violence, poor mental health, and suicidal thoughts

…

My classroom teaching for the semester is over.  I am in "grading mode"–not my favorite way of being.  But final assessments must be completed!  (Wishing you well in completing yours.)

Before I left the classroom, however–specifically, in the last class meeting for my corporate finance students–I did have some fun.  I saved my last class session in the course to address what my students wanted me to cover.  I asked for the topics in advance.  They covered a range of corporate finance topics, from litigation issues (Theranos, FTX, and current hot legal claims) through common mistakes to avoid in a corporate finance practice to survival tips for first-year law firm associates.  Weaving all of that together in a 75-minute class period was a tall task.

My ultimate vehicle was to come up with a list of maxims–short-form guidance statements–that would allow me to address all of what my students had asked me to cover.  I came into class with just a few maxims to get us started and cover the basics.  But the conversation was very engaged and got rich relatively quickly.  As we riffed off each other's questions and comments, my little list grew to a robust thirteen maxims!  …

image from lawyerwellbeing.net

It is again Well Being in Law Week!

Ways for individuals to engage with the week can be found here.  On that page, the organizers note that "[e]ach of the 5 days in Well-Being Week is focused on one dimension of overall well-being." Today's objective is alignment (spiritual wellbeing)–"Cultivating a sense of meaning and purpose in work and life. Aligning our work and lives with our values, goals, and interests."  As we head into the spring semester exam season, try focusing in on yourself a bit more this week.  There is no time like the present!  Namaste, y'all.

In 2013, acclaimed short-story writer George Saunders gave a commencement speech on kindness at Syracuse University. The speech went viral, the transcript landed on The New York Times blog, and the talk later became the basis of a book. 

The entire speech is well worth listening to, but the gist is Saunders saying: “What I regret most in my life are failures of kindness.”

Oxford English Dictionary defines “kindness” as “the quality of being friendly, generous, and considerate.”

When I think of the profession of law, “kindness,” “friendly,” “generous,” and “considerate” are sadly not among the first words that come to mind. “Analytical,” “bold,” “competitive,” “critical,” and “justice” were the first five words I would use to describe our field. 

As C.S. Lewis reportedly said, “love is something more stern and splendid than mere kindness,” but I am not sure love is ever less than kindness. There may be ways, as negotiation theory teaches us, to “be soft on the person, but hard on the problem.” We can tackle injustice with vigor, but be mindful of the people across the tables from us. 

Pre-pandemic, I put a real premium on “tough love” and preparing students for the …