Trial Magazine

As plaintiff lawyers, we experience a wide range of stressors, emotions, and sentiments throughout the day. We are impacted not only by the expectations that we put on ourselves but also by the expectations of our employers, staff, clients, and the court. Some of these expectations are unrealistic, and releasing them is critical to experiencing calm within the chaos—it gives us permission to move a little bit slower and create pockets of peace in our day.

This can include taking five minutes between calls or tasks, taking a lap around the building, or simply sitting outside for fresh air. However, to sustainably cultivate calm in our lives and in our legal practices, I recommend practicing mindfulness to experience all that we do more clearly, without judgment.

Most lawyers are productive, high-functioning professionals. Trial lawyers are no exception. However, there is no doubt that many of us are suffering. According to the American Bar Association’s National Task Force on Lawyer Well-Being, approximately 17% of attorneys have experienced depression, 14% have experienced severe anxiety, 23% have experienced mild or moderate anxiety, and 6% reported serious suicidal thoughts.¹

One of the task force’s recommendations is for lawyers to practice mindfulness meditation, noting that “research has found that mindfulness can reduce rumination, stress, depression, and anxiety.”²

Mindfulness Basics

Mindfulness is the act of being in the present moment fully, intentionally, and nonjudgmentally. While there are different definitions, one that is special to me is that mindfulness is “present heart.” Essentially, mindfulness is becoming aware of what is in the present moment.

Practicing mindfulness expands our experience and opens the door to awareness of our senses, surroundings, emotions, and breath. We might notice that we have been distracted by email chimes or that we have become agitated after reading a brief filed by opposing counsel.

We experience so many thoughts each day, and they are ever-changing. We have tens of thousands of thoughts per day passing through our minds. Mindfulness allows us to not get caught in those thoughts and, instead, become aware of what is happening in the present moment.

How can mindfulness enhance your work product as a trial lawyer? Mindfulness practice strengthens our ability to focus and concentrate. It also allows us to recognize and let go of distractions; manage stress and other emotions; and accept others and ourselves openly, compassionately, and authentically. Our ability to focus and concentrate is critical to our work and our success as trial lawyers.

“While practicing mindfulness can be relaxing, its ultimate value is far greater than reducing stress. It helps you see things more clearly and stay mentally and physically refreshed.”³ Research shows that engaging even in just 12 minutes of mindfulness practice each day can reduce stress and feelings of being overwhelmed that can impact our attention spans.⁴ And the more you’re able to do, the greater the benefits. Practicing mindfulness has been shown to be helpful in the short term and “can bring about enduring positive changes that last a lifetime.”⁵

Research on mindfulness has also shown that the practice enhances ethical behavior—a tenet in the legal profession. People “scoring high in mindfulness place more importance on upholding a high moral standard and were less likely to report a willingness to engage in unethical behavior.”⁶

The benefits of mindfulness extend well beyond what meets the eye—leading, over time, to increased awareness, focus, and performance.

Distractions are everywhere, and adopting a mindfulness perspective allows us to become aware of these distractions from a place of nonjudgment. This awareness silently and solidly affirms compassion toward ourselves and allows us to refocus and to continue our work. The benefits of mindfulness extend well beyond what meets the eye and, over time, create a ripple effect of compassion, presence, and perspective within the profession that will ultimately lead to increased awareness, focus, and performance.

How to Get Started

First and foremost, have an open heart. Mindfulness is free and available for us to access at each moment of the day. Here are a few specific steps to take.

Allow your curiosity to lead your mindfulness practice. Create space and time for yourself to observe your experience just as it is. For example, when you sit down at your desk at the beginning of the day, give yourself a couple of minutes to land. Notice, without judgment, your sensations, your breath, and how you feel. This seemingly simple practice can set the tone for your day.

Identify resources and individuals to support your practice. For example, try a guided mindfulness practice on the meditation app Insight Timer or on YouTube. Join fellow trial lawyers at AAJ member Lisa Blue’s weekly virtual meditation gathering on Monday mornings.⁷ I also recommend checking out the Mindfulness in Law Society’s weekly sits.⁸

Intentionally sprinkle mindfulness into your day. This means that when you are eating, eat. Notice the flavors. When you are feeling tense, simply notice where the tension is located with no need to dissolve it or do anything about it. Noticing is helpful on its own—it is the practice of being aware of how and where the body feels tense.

As trial lawyers we work tirelessly for the causes, cases, and clients that we believe in. We spend months and years analyzing, preparing, writing, and speaking. Mindfulness is always within reach and can help us cultivate calm within the chaos. I invite each of us to give the practice a try and experience the many ways that we become better at our jobs, happier in our lives, and more compassionate human beings.

Alexandra (Cookie) Echsner-Rasmussen is a lawyer and co-chair of the Wellness Committee at Aylstock, Witkin, Kreis, and Overholtz in Pensacola, Fla., and can be reached at cookie@awkolaw.com. She is also a registered mental health counseling intern.

Notes

1. Am. Bar Ass’n, Nat’l Task Force on Lawyer Well-Being, The Path to Lawyer Well-Being: Practical Recommendations for Positive Change 7 (Aug. 2017), https://www.americanbar.org/content/dam/aba/images/abanews/ThePathToLawyerWellBeingReportRevFINAL.pdf.
2. Id. at 52.
3. Scott L. Rogers, The Mindful Law Student: A Mindfulness in Law Practice Guide 50 (2022).
4. Id. at 72–73 (citing cognitive neuroscientist Amishi Jha).
5. Id. at 74 (citing Daniel Goleman & Richard J. Davidson, Altered Traits: Science Reveals How Meditation Changes Your Mind, Brain, and Body (2017)).
6. Jan L. Jacobowitz & Scott L. Rogers, Mindful Ethics—A Pedagogical and Practical Approach to Teaching Legal Ethics, Developing Professional Identity, and Encouraging Civility, 4 St. Mary’s J. on Legal Malpractice & Ethics 198, 225–26 (2014).
7. For more information, email jennifer.rafter@justice.org. Sessions are open to lawyers, staff, and family members.
8. For more on the Mindfulness in Law Society’s weekly sits, visit https://www.mindfulnessinlawsociety.org/virtual-sits.