WELL-BEING TOOLKIT

FOR LAWYERS AND LEGAL EMPLOYERS

Created By Anne M. Brafford For
Use By The American Bar Association

In Partnership With

We’re In This Together.

 WELL-BEING ABOUT THE AUTHOR
Anne Brafford (JD, MAPP, PhD in progress)
TOOLKIT is a former Big Law equity partner and
the founder of Aspire, an educational and
For Lawyers & Legal Employers consultancy firm for the legal profession.
She has a Master’s degree in Applied
Positive Psychology (MAPP) from U Penn
August 2018 and has completed her doctoral coursework
in positive organizational psychology from Claremont Graduate
University. Her focus is on the many aspects of law firm culture
that boost engagement and well-being and avoid burnout,
such as meaningful work, positive leadership, high-quality
motivation, and more. Anne is the author of an ABA-published
book titled Positive Professionals, is the co-chair of the ABA
Law Practice Division’s Attorney Well-Being Committee, and
was the Editor in Chief and co-author of the National Task
Force on Lawyer Well-Being’s recent report: The Path to Lawyer
Well-Being: Practical Recommendations for Positive Change.
Anne also was appointed by 2017-2018 ABA President Hilarie
Bass to the Presidential Working Group formed to investigate
how legal employers can support healthy work environments.
She recently was selected as a Trusted Advisor to the legal
profession’s Professional Development Consortium. Contact:
[email protected].

PERMISSION FOR USE

The author of the Well-Being Toolkit and authors of the Well-
Being Worksheets that are included in the Toolkit retain all
rights and ownership of their content but provide permission
to freely use and reproduce it for non-commercial purposes so
long as proper credit is given. No further permission is needed
from the authors to use the material under these conditions.

ACKNOWLEDGMENTS
Many thanks to Terry Harrell, Bree Buchanan, Chris Newbold,
Jonathan Beitner, and other members of the Presidential
Working Group who provided helpful feedback during the
creation of the Toolkit and to ABA President Hilarie Bass
for supporting the project. Thanks also to Sarah Smith for
her continual support and positive energy on ABA projects.
Thanks to all of the authors of the Well-Being Worksheets,
who contributed their fine work pro bono to help support the
important cause of lawyer well-being.

©Anne M. Brafford
TABLE OF CONTENTS

Introduction 4

Definition of Lawyer Well-Being 7

Definition of a Healthy Workplace 8

8-Step Action Plan for Legal Employers 10

Policies & Practices Audit 12

Activities & Events 14

Education & Development 18

Assessments 24

Online Resources & Technology 29

Book Recommendations 30

Well-Being Partners 31

Well-Being Speakers & Consultants 33

Activity Workbook 43

Well-Being Partner Appendix 9

6

Lawyer Well-Being Tool Kit / 3

 INTRODUCTION

Why Do Law Professionals Need a Well-Being Toolkit?

B
eing a lawyer is an immense privilege. Our law called The Path to Lawyer Well-Being: Practical
degrees give us opportunities to contribute to Recommendations for Positive Change. The report
the vitality of our government, business sector, motivated ABA President Hilarie Bass to form
community safety, and individual lives. Ideally, a Presidential Working Group to Advance Well-
lawyers design and create structures as real and as Being in the Legal Profession focused on how legal
important as architects, engineers, or builders that employers can support healthy workplaces. This
allow “human beings to live, interact, and prosper.” Toolkit is an extension of these and other efforts.
We help others navigate the law to enable them to
build the world they want to live in John Williams We’re In This Together
Davis, an American politician and lawyer, said,
“True, we [lawyers] build no bridges. We raise no We are happiest and healthiest when we adopt
towers....[But] we take up other [people’s] burdens healthy work habits and lifestyle choices.
and by our efforts we make possible” a peaceful life Importantly, though, we won’t be successful on
in a peaceful state. our own. Well-being is a team sport. For example,
research reflects that, much more than individual
To serve these crucial functions, many lawyers work employee traits and qualities, situational factors
very hard and take on hefty responsibilities that often like workload, a sense of control and autonomy,
have major consequences for clients. The demands adequate rewards, a sense of community, fairness,
that flow from this privilege can mount and threaten and alignment of values with our organizations
our well-being. When we ignore signs of distress, the influence whether people experience burnout or
quality of our work and lives can plummet. work engagement. As one leading burnout scholar
For too many lawyers, this is what already has put it, “burnout is more of a social phenomenon
occurred. A 2016 study of nearly 13,000 currently- than an individual one.” Leaders in the medical
practicing lawyers found that between 21 and 36 profession’s effort to combat wide-spread physical
percent qualify as problem drinkers, approximately burnout agree, saying: “Although burnout is a
28 percent experienced some level of depressive system issue, most institutions operate under the
symptoms, and 18 percent experienced elevated erroneous framework that burnout and professional
anxiety. There also is evidence of suicide, work
addiction, sleep deprivation, job dissatisfaction,
a “diversity crisis” at the top of firms, work-life
conflict, incivility, a narrowing of values so that profit
predominates, and chronic loneliness.

The Lawyer Well-Being Movement

Because too many lawyers aren’t thriving, multiple
initiatives have been launched to take action. For
example, in 2015, former Chair of the American Bar
Association’s (ABA) Law Practice Division Tom Bolt
successfully advocated for the creation of a new
Attorney Well-Being Committee. Next, the National
Task Force on Lawyer Well-Being was formed
and, in 2017, it issued a comprehensive report

Lawyer Well-Being Tool Kit / 4

 INTRODUCTION
INTRODUCTION

satisfaction are solely the responsibility of the enhance individual and workplace well-being. It offers
individual.” a variety of suggestions, keeping in mind that needs
and resources vary widely.
This means that, if we truly desire to improve well-
being, we can’t focus only on individual strategies How do I use the Toolkit? The Toolkit contains
like making lawyers more resilient to stress; it information and resources to get started on the path
is equally important (if not more so) to focus on to well-being, including:
systemically improving our professional cultures to
• An Introduction to why lawyer well-being should
prevent problems from developing to begin with. We
be a priority.
are interdependent in that our organizational and
institutional cultures—to which we all contribute and • A definition of Lawyer Well-Being.
which, in turn, shape us all—have a huge impact on
our individual well-being. When our cultures support • A definition of a Healthy Workplace.
our well-being, we are better able to make good
• An 8-Step Action Plan for Legal Employers.
choices that allow us to thrive and be our best for our
clients, colleagues, and organizations. • Guidance for a Policy & Practice Audit to evaluate
what supports and harms well-being.
This Toolkit is designed to help lawyers and legal
employers improve well-being holistically and • Recommendations for Activities & Events and for
systemically. This goal will require new choices, Education & Development to include as part of
considerable effort, and changes that likely will upset your Action Plan.
the status quo. Positive change agents might meet
with resistance—including complaints that there is • Ideas for Assessments to track progress on well-
no room, time, resources, or need for change. This being goals.
Toolkit offers reasons for prioritizing lawyer well-being • Online Resources & Technology to help start and
as well as information, strategies, and resources for develop well-being initiatives.
implementing a plan for positive change.
• Book Recommendations.
About This Toolkit • A list of Partners, which are organizations that
already focus on lawyer well-being and can assist
Who should use this Toolkit? This Toolkit is primarily
legal employers in their efforts.
designed for use by lawyers and legal employers to
• A list of Speakers and Consultants to contribute
to well-being initiatives.

• An Activity Workbook that contains Worksheets

with hands-on activities and checklists for
enhancing well-being that can be used
individually or collectively as part of organization-
level initiatives.

The Toolkit should not be used as a substitute for

seeking appropriate healthcare advice for wellness
issues or legal advice for implementing new wellness
programs.

Lawyer Well-Being Tool Kit / 5

 INTRODUCTION

The Business, Professional, and Moral competence. This can be explained, in part, by
Case for Improving Lawyer Well-Being. declining mental capacity due to mental health
conditions. For example, major depression and
There are at least three reasons why it’s important for alcohol abuse is associated with impaired executive
legal employers to focus on lawyer well-being: functioning, including diminished memory, attention,
problem-solving, planning, and organizing—core
1. Good For Business features of competent lawyering.

Organizational success depends on lawyer well- Poor well-being also disables lawyers from living
being, which is an important form of human capital. up to the vision conveyed in the Preamble to the
Worker mental health and alcohol use disorders cost ABA’s Model Rules of Professional Conduct, which
businesses’ billions. calls lawyers to “strive to attain the highest level of
skill, to improve the law and the legal profession and
Additionally, work-related well-being in the form of to exemplify the legal profession’s ideals of public
employee engagement is linked to organizational service.”
success factors, including lower turnover, higher
client satisfaction and loyalty, and higher productivity
3. The Right Thing To Do
and profitability. But most workers (67%) are not
engaged, which means that organizations are not Promoting lawyer well-being also is the right thing
getting the full benefit of their people’s talent. Low to do. For most of us, over 50% of our waking daily
engagement also is linked to turnover—which often is lives is spent working. Given the dominance of
problematic for law firms. For example, a 2016 survey work, enhancing the quality of our work lives can
by Law360 found that over 40 percent of lawyers have an enormous impact on the quality of our lives
said that they were likely or very likely to leave their as a whole. Additionally, untreated mental health
firms in the next year. This high turnover rate is and substance use disorders ruin lives and careers.
expensive—with estimated costs for larger firms of Though our profession prioritizes individualism and
$25 million every year. self-sufficiency, we all contribute to, and are affected
by, the collective work culture. Whether that culture is
Improving engagement and other aspects of
toxic or sustaining is up to us. Our interdependence
the workplace culture also is likely to help retain
creates a joint responsibility for solutions.
Millennials. A key driver of work engagement and
psychological health is the experience of meaningful
work, which is what Millennials say they want. Report
after report about Millennial lawyers say things akin
to, “Millennials want to work, they’re happy working,
but they want to find meaning in work.”

2. Good For Clients Reasons to Improve

Attorney Well-Being
Well-being also is good for clients and the integrity
of the profession. All state professional codes of
conduct require lawyers to provide competent
4 Good for business
representation, which suffers when lawyers’ health 4 Good for clients
declines. 4 The right thing to do
Troubled lawyers can struggle with even minimum

Lawyer Well-Being Tool Kit / 6

 DEFINITION OF LAWYER WELL-BEING

Defining Lawyer Well-Being: A Multi-Dimensional Approach

W
ell-being cannot be defined just by the 3. Physical
absence of illness but also encompasses
a positive state of wellness. From a whole- Striving for regular physical activity, proper diet and
health perspective, it can be viewed as a continuous nutrition, sufficient sleep, and recovery; minimizing
process in which we work across multiple dimensions the use of addictive substances. Seeking help for
of wellness. The way we function in one dimension physical health when needed.
can enhance or impede the way we function in
another dimension. The report of the National Task 4. Intellectual
Force on Lawyer Well-Being identified six dimensions
that make up full well-being for lawyers: Engaging in continuous learning and the pursuit of
creative or intellectually challenging activities that
foster ongoing development; monitoring cognitive
1. Occupational wellness.
Cultivating personal satisfaction, growth, and
enrichment in work; financial stability. 5. Spiritual
Developing a sense of meaningfulness and purpose
2. Emotional in all aspects of life.
Recognizing the importance of emotions. Developing
the ability to identify and manage our own emotions 6. Social
to support mental health, achieve goals, and inform
decision-making. Seeking help for mental health Developing a sense of connection, belonging,
when needed. and a well-developed support network while also
contributing to our groups and communities.

Lawyer Well-Being Tool Kit / 7

 DEFINITION OF A HEALTHY WORKPLACE

L
ike individual well-being, there’s no single recommended by the WHO, which provides free
definition of a healthy workplace. Adapting the resources including a survey and supporting
World Health Organization (WHO)’s definition of documents to help employers assess and enhance
a healthy workplace, the Toolkit defines it as follows: these 13 factors:

A healthy workplace is one in 1. Organizational Culture

which all organizational members A culture characterized by trust, honesty, and
fairness.
collaborate to continually
improve processes to protect and 2. Psychological Support
promote member well-being and Supervisors and coworkers are supportive of
organizational success. All seek organizational members’ psychological and mental
health concerns, and respond appropriately.
alignment of organizational and
member goals and needs so that 3. Clear Leadership & Expectations
they can grow and thrive together. There is effective leadership and support that helps
organizational members know what they need to do,
The WHO proposes that healthy workplaces depend how their work contributes to the organization, and
on an interaction among four areas: whether there are impending changes.
1. Psychosocial work environment

2. Physical work environment

Healthy Workplace Dynamics
3. Personal resources of each organizational
member

4. Community contribution

The psychosocial work environment--which can

have a big impact on lawyer well-being--is an
area of vulnerability for many legal employers. The
Psychosocial
Tristan Jepson Memorial Foundation, an Australian Physical
charitable organization focused on healthy legal
workplaces, has published Workplace Well-
Being: Best Practice Guidelines for promoting Personal
and protecting psychological well-being in the Community
legal profession. The Guidelines aim to help legal
employers create workplaces that fulfill 13 factors
that have been identified by extensive research as
critical to psychological health.

Also helpful is the Guarding Minds@Work website,

Lawyer Well-Being Tool Kit / 8

 DEFINITION OF A HEALTHY WORKPLACE

4. Civility & Respect 11. Balance

Employees are respectful and considerate in their There is recognition of the need for balance between
interactions with one another, as well as with clients the demands of work, family, and personal life.
and the public.
12. Psychological Protection
5. Psychological Competencies &
Organizational members’ psychological safety is
Requirements
ensured.
There is a good fit between employees’ interpersonal
and emotional competencies and the requirements of 13. Protection of Physical Safety
the position they hold.
Management takes appropriate action to protect the
physical safety of organizational members.
6. Growth & Development
Employees receive encouragement and support in
the development of their interpersonal, emotional,
and job skills.

7. Recognition & Reward

There is appropriate acknowledgment and
appreciation of organizational members’ efforts in a
fair and timely manner.

8. Involvement & Influence

Organizational members are included in discussions
about how their work is done and how important
decisions are made.

9. Workload Management
Tasks and responsibilities can be accomplished
successfully within the time available.

10. Engagement
Organizational members feel connected to their work
and are motivated to do their job well.

Lawyer Well-Being Tool Kit / 9

8-STEP ACTION PLAN FOR LEGAL EMPLOYERS

M
any legal employers already have started 4. Conduct a Needs Assessment
well-being initiatives and are looking for
more guidance on where to go next. Others Among the first things a Well-Being Committee
are unsure how to begin. Below are strategies and should do after defining well-being is to conduct a
resources for both--for getting started as well as needs assessment. Any organizational change effort
developing existing well-being initiatives. is more likely to succeed if it grows out of an analysis
of the gap between the desired and current state. A
Many private and government organizations have number of needs assessment templates created for
published resources to help guide employers’ well- other contexts are available on the Internet and can
being programs. The medical profession in particular be adapted for legal employer well-being programs.
has made big strides in advancing well-being, and
has created many resources that can benefit legal The assessment might include stakeholder interviews
employers. Below, links are embedded to some of or surveys to understand challenges to well-being
these resources, which include things like manuals, that dominate in your organization.
templates, fact sheets, and other practical tools.
The assessment also should include an audit of
policies and practices that influence lawyers’ well-
1. Enlist Leaders being. The Policies & Practices Audit section below
provides recommendations and online resources to
No organizational change effort will succeed without
guide an audit. The list includes topics that are not
leader commitment, support, and role modeling of
routinely encompassed in discussions of well-being,
desired behaviors. Communicating the business case
such as on-boarding, diversity, work-life conflict,
for well-being can help build leader buy-in.
24/7-availability expectations, billing practices,
performance appraisals, compensation systems,
2. Launch a Well-Being Committee and fairness. Research shows that these often-
overlooked practices substantially contribute to
As a first step, recruit a Champion or launch a
cultures that can support or harm well-being.
Committee to lead your well-being agenda. The
Committee should include a high-level leader who
has the credibility and influence to make things 5. Identify Priorities
happen. Your organization’s Employee Assistance
The best way to get started on well-being initiatives
Program, health insurance carrier, and/or a local
is to set a narrow set of priorities and to accumulate
Lawyer Assistance Program may be interested in
quick “small wins” that can build credibility and
participating and contributing resources.
momentum. Too many change efforts try to do too
much too soon. The result is paralysis and lack
3. Define Well-Being of progress. To avoid this fate, selectively choose
priorities that are manageable and achievable.
It will be important to define well-being as a guide for
your agenda. This subject may mean very different
things to different people. The multi-dimensional 6. Create & Execute an Action Plan
definition of well-being proposed by the National Task
Next, the Committee should begin to prepare and
Force on Attorney Well-Being (and set out above) is
execute an action plan. This phase should include a
an excellent option.
discussion of concrete goals, obstacles to achieving
them, and pathways for overcoming obstacles. This
phase also should consider how the well-being

Lawyer Well-Being Tool Kit / 10

8-STEP ACTION PLAN FOR LEGAL EMPLOYERS

program will be sustained over the long-term. Ideas substantially tailor it to align with your organization’s
for activities and events to be included in the action priorities, but it can serve as a starting place to rev
plan are discussed below. up your thinking.

8. Continually Measure, Evaluate, &

7. Create a Well-Being Policy Improve
As part of the action plan, consider creating a To develop, improve, and justify your organization’s
formal well-being policy. It will help convey that the well-being program, it will be important to continually
organization prioritizes and values lawyers as people evaluate the success of individual program elements
and establish expectations and intentions. Ideally, (e.g., attendance/participation) and measure overall
legal employers will invite broad review and comment progress on well-being indicators (e.g., engagement).
on a draft of the policy. The Kirkpatrick model (and related models) is most
The ABA Presidential Working Group currently often used to evaluate development programs. It
is drafting a Model Impairment Policy for Legal recommends evaluating multiple factors as indicators
Employers to guide management of lawyers of success. Possible measures include:
with mental health and substance use disorders. • Satisfaction with and attitudes toward well-being
Employers should incorporate impairment provisions programs;
into their policies but also will want to convey that the
initiative broadly seeks to advance well-being and is • Extent of learning new information and skills;
not focused solely on detecting and treating mental
• Behavioral change growing out of the programs;
health and substance use disorders.
• Measures of lawyer well-being and organizational
Because this type of full well-being policy is
success. A list of possible measures appears
new, legal employers will have an opportunity
below in the Assessment section. Also, GOSA
for considerable innovation. A well-being policy
has created a fact sheet to guide thinking on
template created by the Government of South
measuring outcomes of workplace well-being
Australia’s (GOSA) can be found here. You’ll need to
initiatives that can be used for brainstorming.

8-Step Well-Being Action Plan

Create a Conduct Create & Continually
Well-Being Needs Execute Measure, Evaluate,
Committee Assessment Action Plan & Improve
02 04 06 08
01 03 05 07
Enlist Define Identify Create Well-
Leaders Well-Being Priorities Being Policy

Lawyer Well-Being Tool Kit / 11

 POLICIES & PRACTICES AUDIT

L
egal employers should consider topics like it a practice to recognize lawyers and staff who
the following as part of their audits of current demonstrate a high standard of well-being?
policies and practices to evaluate whether the
• Diversity/Inclusion-Related Policies &
organization adequately supports lawyer well-being.
Practices: Diversity and inclusion practices
(The checklist below originally appeared in the impact lawyer well-being. Are policies and
National Task Force report. The citations from the practices in place with a specific mission that is
report have been omitted here to manage space.) adequately funded?

Mental Health & Substance Use • 24/7 Availability Expectations: Do practices

Disorders allow lawyers time for sufficient rejuvenation?
Are response-time expectations clearly
• Is there a policy regarding substance use, articulated and reasonable? Is there an effort to
mental health, and impairment? If so, does it protect time for lawyers to recover from work
need updating? demands by discouraging work-related calls
• Does the policy explain lawyers’ ethical and emails during evenings, weekends, and
obligations relating to their own or their vacations?
colleagues’ impairment? • Billing Policies & Practices: Do billing
• Is there a leave policy that would realistically practices encourage excessive work and
support time off for treatment? unethical behavior?

• Are there regular communications about the • Does the firm monitor the hours billed by its
importance of well-being? attorneys and follow up with lawyers whose
hours are persistently and significantly higher or
• Do health plans offered to employees include lower than typical? Abnormal hours sometimes
coverage for mental health and substance use reflect deeper issues that might warrant further
disorder treatment? questions.
Management Practices Affecting Lawyer • Compensation Practices: Are compensation
Well-Being practices fair? And are they perceived as
fair? Do they follow standards of distributive
• Assessment of Well-Being: Is there a
(fair outcome), procedural (fair process),
regular practice established to assess work
interpersonal (treating people with dignity and
engagement, burnout, job satisfaction, turnover
respect), and informational (transparency)
intentions, psychological well-being, or other
fairness? Perceived unfairness in important
indicators of well-being and to take action on
practices can devastate well-being and
the results?
motivation. For example, a large-scale study
• Orientation Practices: Are orientation practices found that people were 50 percent more likely
established to set new lawyers up for success, to have a diagnosed health condition if they
engagement, and well-being? perceived unfairness at work. Further, high
levels of interpersonal and informational fairness
• Work-Life Balance-Related Policies & should not be ignored—they can reduce the
Practices: Is there a policy that allows flexibility negative effect of less fair procedures and
and an organizational climate that supports it? Is outcomes.

Lawyer Well-Being Tool Kit / 12

 POLICIES & PRACTICES AUDIT

• Is the firm’s approach to compensation holistic, which are discussed above in the section on the
or does it instead focus exclusively or primarily Definition of A Healthy Workplace.
on hours?
• The Developing Resilience white paper
• Performance Appraisal Practices: Carefully published by Chartered Institute of Personnel
managing this process is essential given and Development (CIPD) identifies a helpful
evidence that bungled performance feedback and substantial list of individual-level and
harms well-being and performance. organizational-level strategies for boosting
resilience at work
• Are performance appraisal practices fair and
perceived as fair? • The World Health Organization’s (WHO) Healthy
Workplace Framework and Model. The model
• Do multiple raters contribute? Are they trained proposes five keys to workplace well-being,
on the process and to reduce common biases? and the WHO has provided guidance on
• Is specific, timely feedback given regularly, not implementing it as well as supporting evidence.
just annually? • Guarding Minds@Work, recommended by
• Is feedback given in a two-way communication? the WHO, is a free resource to employers
Is it empathetic and focused on behavior, not for assessing and improving psychosocial
the person’s self-worth? Is it balanced and health in the workplace. It has identified 13
injected with positive regard and respect? evidence-based psychosocial factors that
impact organizational and individual well-being
• Are good performance and progress toward as well as the financial bottom line. The 13
goals regularly recognized? factors would provide a helpful guide for legal
employers’ audits and goal-setting. The website
• Vacation Policies & Practices: In their study
also provides a free assessment of workplace
of 6,000 practicing lawyers, law professor Larry
well-being that aligns with the 13 factors.
Krieger and psychology professor Kennon
Sheldon found that the number of vacation days • Society for Human Resource Management
taken was a significant predictor of lawyer well- (SHRM) Practice Guidelines for Creating a
being--and was stronger even than income level More Human Workplace Where Employees and
in predicting well-being. This suggests that legal Business Thrive and The Seven Components of
employers should try to encourage and protect an Effective Workplace.
vacations.
• GOSA has created a framework for a Healthy
• Is there a clear vacation policy? Workplaces Audit.
• Does the organizational culture encourage
usage and support detachment from work?

More Guidance For Selecting Topics for

a Policies & Practices Audit

Online resources also are available to help legal

employers identify potential topics for a well-being
policies and practices audit:

• Tristan Jepson Memorial Foundation’s Best

Practice Guidelines for the Legal Profession,

Lawyer Well-Being Tool Kit / 13

 ACTIVITIES & EVENTS

Y
our organization’s well-being action plan will organizational goal. To genuinely adopt lawyer
include elements that align with its priorities, well-being as a priority, such structural and cultural
such as activities, events, creation or redesign issues will need to be addressed. A GOSA fact sheet
of practices and policies, and the like. Ideas for these offers ideas for incentives and rewards to encourage
elements of your action plan are identified below. support of well-being programs.

Well-Being Scorecard. To ensure sustainability

of an organization’s well-being initiative, the WHO
recommends that it should be integrated into the
overall strategic business plan, rather than existing in
a separate silo, and it should be continually evaluated
and improved. A tool to help legal employers do so
is a Balanced Scorecard for the organization and
individual leaders that measures financial and people-
related goals together.

Onboarding. Design new-lawyer orientation

programs to include well-being-related topics. This
will signal that the organization prioritizes the issue
and will help prepare newcomers for the challenges
and opportunities of their new roles.
Policies & Practices. Revise/create policies and
practices based on findings from your organization’s Knowledge Hub. Create a well-being knowledge hub
needs assessment. to provide lawyers with ongoing, practical information
and updates.
Training & Development. Offer periodic training
workshops designed to build a thriving organizational Book/Video Club. Create a book or video (TED
culture that prioritizes lawyer well-being. Potential talks are a great resource) “club” for reflection and
training topics are proposed in the next section. discussion of enhancing individual well-being and
fostering workplaces where people thrive.
Align Incentives. Organizational structure and
dynamics play an enormous role in influencing Activity Workbook. At the end of the Toolkit is
behavior change. Training and policy-creation are an Activity Workbook with hands-on activities,
important but are not enough. To achieve change, checklists, and reminders for enhancing various
legal employers will need to set standards, align dimensions of well-being. Well-Being Committees
incentives, and give feedback about progress on can use the worksheets as part of its own education
lawyer well-being goals. curriculum and activities.

Incentive systems should encourage leaders to Leader Development. Implement a leader

support well-being initiatives by, for example, development program. Leader behavior has
developing their own leadership skills and supporting a substantial impact on followers’ well-being.
the well-being of their teams. If incentives are Additionally, people monitor leaders closely for
aligned solely with organizational revenue growth, indicators of cultural norms. If leaders don’t walk the
lawyers’ limited resources of time and attention will talk of lawyer well-being, followers are not likely to
be spent only there--to the detriment of any other either--and are likely to become cynical.

Lawyer Well-Being Tool Kit / 14

 ACTIVITIES & EVENTS

On-Staff Professional Coaches. Professional Individual Goal-Setting. As part of professional

coaches collaborate with their clients to achieve development plans or other goal-setting practices,
goals, improve performance, and boost career ask lawyers to set well-being goals. Goals might
satisfaction and happiness. Law firms have become relate to, for example, physical activity, nutrition,
increasingly interested in coaching, including sleep, relationship quality, work-life balance, or
hiring on-staff professional coaches. While direct meditation — to name just a few. Supervisors could
partner contact is critical for associate growth, monitor these goals in the same manner as other
coaches could help shoulder some of the burden for professional development goals. Mentors might
developmental plans, career guidance, and feedback. consider giving a gift to mentees of a fun goal-setting
Also, for lawyers experiencing a decline in mental journal and make goal-progress a cornerstone of
health, they may feel more comfortable broaching their mentoring relationship.
the topic with someone identified as a coach rather
than a clinician. Coaches may then be able to assist
lawyers in getting the help they need sooner.

Well-Being Surveys. Use surveys to periodically

assess indicators of well-being (e.g., engagement,
burnout, comfort with help-seeking, etc.). A list
of potential surveys is provided below in the
Assessments section.

Well-Being Week. Establish an annual Well-Being

Week with activities and prizes (a practice already
adopted in the medical profession).

Well-Being Calendar. Create a Well-Being Calendar

and organize relevant activities or information blasts.
GOSA has created a Health Events Calendar that Embed Well-Being into Meetings. Embed well-
can be adapted to recognize similar national and being into regular meetings by, for example:
local events in the U.S. Example events include
National Depression Screening Day (October), • Include well-being as a permanent agenda
National Alcohol Screening Day (April), Mental Health item
Awareness Month (May), Love Your Lawyer Day
(November), and the International Day of Happiness • Incorporate engagement-boosting strategies,
(March, World Gratitude Day (September)). Additional such as gratitude activities and shout-outs for
ideas can be found listed here and on the Days of good work.
the Year website, which is a clearinghouse for days of • Encourage “walking meetings” outside rather
recognition. than sitting in conference rooms.

Sweat & Learn. Get creative with CLEs and other • Set new norms for long meetings in which
training sessions to avoid adding to the long hours it’s OK to stand in the back, walk around, or
lawyers spend sitting. For example, I’ve heard about stretch.
a popular CLE event that has been conducted in a
spinning studio.

Lawyer Well-Being Tool Kit / 15

 ACTIVITIES & EVENTS

Include Well-Being Topics in Organizational

Transitions. Incorporate well-being topics into
What Are Other Legal
orientation programs to welcome new lawyers or Employers Doing?
to elevate them to new roles. For example, give a A number of law firms already have launched well-
realistic preview of the new role, identify common being initiatives. Below are a sampling of events and
stressors, and train them on well-being strategies to strategies that they’ve adopted.
help them succeed while staying healthy.
Akin Gump Strauss Hauer & Feld has launched
Leverage Technology. You can leverage the growing a “Be Well” initiative that provides on-site health
field of well-being technology in a number of ways: screenings, access to a personal health care
For example: advocate, and access to programs relating to
parenting support and financial well-being.
• Mental Health Apps. Among the many factors
that can hinder lawyers from seeking help Hanna Brophy. Several law firm leaders from
for mental-health conditions are a preference Hanna Brophy are participating in an online positive
for self-reliance and a perceived lack of time psychology course designed by Yale. Their goal is to
to fit treatment into busy schedules. To help improve the quality of their own well-being and serve
address this, consider informing lawyers as role models for positive cultural tone and well-
about electronic mental-health tools or adding being for other lawyers.
them to your organization’s health plans.
These include mental-health apps as well as Drinker Biddle has launched DBR Well-Being
therapy via smart phone. 360, which includes the creation of a well-being
committee, assessment of progress on well-being
• Treadmill & Standing Desks. Place treadmill goals, educational programming, mindfulness
desks in a conference room or empty office training, and creation of a resource portal.
for use by all. Subsidize treadmill desks or
standing desks. Hogan Lovells. A few offices of Hogan Lovells offer
an on-site psychologists who visits once weekly and
• Health-Promoting Give-Aways. For office is available to lawyers and staff.
giveaways, give health-related technology
prizes, like a Fitbit; a Spire Mindfulness Norton Rose Fulbright has trained a team of
Tracker; Muse: The Brain Sensing Headband; employees to be mental-health first-aid responders,
Pip (gives feedback about stress level); or a who can spot warning signs of addiction or mental-
Bellabeat Leaf Health Tracker (activity, sleep, health concerns and offer assistance.
and stress tracker).
Ogletree, Deakins, Nash, Smoak & Stewart and
• Review of Well-Being Apps. Create a review Seyfarth Shaw, among others, have introduced
of well-being-related smart phone apps, mindfulness meditation programs.
such as for guided meditation, nutrition,
physical exercise, gratitude journals, time
management, etc.

• Engagement Technology. Try tech tools

designed to boost employee engagement,
such as Celpax, emooter, Morale.me, Glint,
and Awesome Boss.

Lawyer Well-Being Tool Kit / 16

 ACTIVITIES & EVENTS

Reed Smith has launched a well-being initiative

called Wellness Works, which encompasses the
topics of stress management, work-life balance,
healthy habits, health mindfulness, physical fitness,
and mental health and substance use awareness.
The firm has developed an online information
hub and plans to create individual pages for each
office that will provide information about wellness
programming options.

Salazar Jackson invites guest speakers on wellness

topics; offers a Zen Garden, a quiet room, outdoor
patio areas for socializing, and free healthy snacks;
and has implemented a project management
platform to streamline work.

Crowell & Moring provides access to a smart

phone app called Virgin Pulse that pairs with fitness
trackers. If firm members achieve certain well-being-
related milestones, they earn a discount on their
insurance premiums.

Does Your Firm Have A

Well-Being Program??
Please tell us about it!
Email: [email protected]

Lawyer Well-Being Tool Kit / 17

EDUCATION & DEVELOPMENT

E
ducation, training, and development will be • A self-assessment of participants’ mental health
an essential component of legal employers’ or substance use risk.
well-being initiatives. To ensure high-quality,
Long-term strategies should consider scholars’
effective programs, consider partnering with, for
recommendations to incorporate mental health and
example, Employee Assistance Programs, Lawyer
substance use disorder training into broader health-
Assistance Programs, insurance carriers, and expert
promotion programs to help skirt the stigma that may
consultants.
otherwise deter attendance.
To support holistic lawyer well-being, programs
should focus on fostering cultures and individual Facilitate, Destigmatize, and Encourage
competencies that support lawyers’ optimal health, Help-Seeking Behaviors
motivation, and performance and not only on
detecting and treating disorders. Focusing on both An important area warranting considerable attention
sides of the lawyer well-being coin is important for is the stigma of mental health and substance use
developing successful well-being programs. Many disorders that prevents lawyers from seeking help. As
topics are possible for programming, and some ideas the National Task Force report explained (see page
are provided below. 13), research reflecting the many factors that can
hinder people from seeking help can help guide legal
employers’ strategies. These factors include:
Detecting Warning Signs of Mental Health
& Alcohol Use Disorders • Failure to recognize symptoms
As the American Association of Suicidology put it, • Not knowing how to identify or access
“Suicide prevention is everyone’s business.” The appropriate treatment or believing it to be a
same is true for other mental health and alcohol hassle to do so
use disorders. Accordingly, legal employers should
provide training on identifying, addressing, and • A culture’s negative view of such conditions
supporting fellow professionals with mental health
• Fear of adverse reactions by others whose
and substance use disorders. At a minimum, training
opinions are important
should cover the following:
• Feeling ashamed
• The warning signs of substance use or mental
health disorders, including suicidal thinking; • Viewing help-seeking as a sign of weakness

• How, why, and where to seek help at the first

signs of difficulty;

• The relationship between substance use,

depression, anxiety, and suicide;

• Freedom from substance use and mental health

disorders as an indispensable predicate to fitness
to practice;

• How to approach a colleague who may be in

trouble;

• How to thrive in practice and manage stress

without reliance on alcohol and drugs; and

Lawyer Well-Being Tool Kit / 18

 EDUCATION & DEVELOPMENT

• Having a strong preference for self-reliance or a stigma messages, and workplace-based screenings.
tendency toward perfectionism These can be effective and definitely should be
considered as part of organization’s well-being
• Fear of career repercussions and concerns about programs. But, because such strategies can backfire,
confidentiality they should be implemented carefully and, preferably,
• Uncertainty about the quality of organizationally- with advice from experts in the field. One researcher
provided therapists or otherwise doubting that cautioned:
treatment will be effective
“Anyone who creates a
• Lack of time in busy schedules.
[depression-related public
Research also suggests that professionals with service announcement] targeting
hectic, stressful jobs (like many lawyers) are more
people with depression without
likely to perceive obstacles for accessing treatment,
which can exacerbate depression. The result of these considering how the mind of a
barriers is that, rather than seeking help early, many person with depression operates
wait until their symptoms are so severe that they is engaging in behavior akin to
interfere with daily functioning.
reckless endangerment.”
Removing these barriers requires education and
stigma-reduction strategies. The most effective Research shows, for example, that:
way to reduce stigma is through direct contact with • Because depressive symptoms can radically
someone who has personally experienced a relevant distort how people interpret information,
disorder. Ideally, this person should be a practicing campaigns to encourage help-seeking must be
lawyer in order to create a personal connection that carefully worded to avoid boomerang effects that
lends credibility and combats stigma. Viewing video- decrease the likelihood of help-seeking.
taped narratives also is useful, but not as effective as
in-person contacts. • For example, a depressed person might interpret
a message that says: “It takes courage to ask for
help. Melvin did” as this: “But, I can’t be strong
Carefully Implement Programs That
anymore. I can’t ask for help. If others can and
Encourage Help-Seeking
I can’t, I might as well kill myself.” They might
Among the more common employer-sponsored interpret a message that says: “Call 1‐800‐XXX‐
strategies to detect and respond to mental health XXXX for confidential information on where to get
and alcohol use disorders include workplace-based help” as this: ““Confidential? Why does it have to
public awareness campaigns that involve posting be confidential?
warning signs, referral resources and general anti-
• Messages that encourage people to seek help
“for friends” rather than for themselves (called
“mistargeting”) have had some success avoiding
boomerang effects.

• Some public health campaigns have backfired

due to “bossy” language that causes targets of
the message to react negatively due to perceived
threats to their autonomy (called “reactance”).

Lawyer Well-Being Tool Kit / 19

EDUCATION & DEVELOPMENT

• Anti-drinking campaigns that emphasize the • Senior lawyers’ poor time-management habits
prevalence of alcohol use can backfire by that result in repeated emergencies and weekend
reinforcing existing, excessive drinking norms. work for junior lawyers and staff;

Because of these dangers, organizations that plan • Expectations of 24/7 work schedules and of
to initiate campaigns to encourage help-seeking prompt response to messages at all times;
should consider consulting an outside expert before
• Extent of discretion that lawyers have in deciding
doing so. One of the leading researchers in the area
where, when, and how to perform their work.
is Dr. Jason Siegel, a professor of psychology at
Claremont Graduate University. He is the Director of
the Depression and Persuasion Research Lab, which Elevate the Focus on Client Care
focuses on projects to reduce stigma toward mental
One strategy for aligning organizational incentives
illness and increase help-seeking of people with
with lawyer well-being and profitability at the same
depression. Contact: [email protected].
time is to elevate the focus on client care and
connection. Research reflects that work cultures
De-Emphasize Alcohol at Social Events that emphasize competitive, self-serving goals will
continually trigger competitive, selfish behaviors that
(See National Task Force Report, p. 19).
harm organizations and individual well-being. This
can be psychologically draining. For example, studies
Begin A Dialogue About Suicide Prevention in 2013 and 2014 of Australian lawyers found that law
(See National Task Force Report, p. 20). firms’ emphasis on profits and competitiveness was
associated with depression and anxiety.
Enhance Lawyers’ Autonomy & Sense of
Control On the other hand, research shows that the
experience of meaningfulness in and at work is a
Practices that rob lawyers of a sense of autonomy core contributor to work engagement. For most
and control over their schedules and lives are people, feeling that we are benefiting others or
especially harmful to their well-being. A sense of contributing to the greater good is the biggest
autonomy is considered to be a basic psychological driver of meaningfulness. For most of us, regularly
need that is foundational to well-being and optimal connecting with clients and hearing how our work
functioning. Research shows that high job demands benefits them gives us a powerful motivational and
paired with a lack of a sense of control breeds well-being boost.
depression and other psychological disorders. A
recent review of strategies designed to prevent In practice, this might include more routine client
workplace depression found that those designed to satisfaction surveys and conversations and inviting
improve the perception of control were among the clients to speak at formal and informal events about
most effective. Environments that facilitate control the positive impact of lawyers’ work. Emphasizing
and autonomy contribute to optimal functioning and client care aligns with lawyer well-being goals while
well-being. A few examples of the types of practices also contributing to the bottom line. Ideas for what
to review include the following: to include in client satisfaction surveys and how to
conduct them can be found here and here.
• Excessive workload and controlling management;

• Tight deadlines not based on business needs;

• Senior lawyers making key decisions without

consulting other members of the litigation team;

Lawyer Well-Being Tool Kit / 20

EDUCATION & DEVELOPMENT

More Topics Summarized in the National Our capacity for resilience derives from a host of
Task Force Report factors, including a collection of psychological,
social, and contextual factors that we can change
Additional evidence-based educational topics were and develop. These include, for example, optimism,
summarized in Appendix B (pp. confidence in our abilities
50-57) of the National Task Force
atio n & Developmen and strengths (self-efficacy),
Report. Condensed versions of
d u c t effective problem-solving, a
those summaries are provided E sense of meaning and purpose,
next, with the literature citations flexible thinking, impulse control,
omitted. empathy, close relationships
and social support, and faith/
Work Engagement &
spirituality.
Burnout
Aside from individual-level
Work engagement is a kind
skills and strengths, developing
of work-related well-being
“structural resilience” also is
that includes high levels of
important, if not more important.
energy, mental resilience, and
This requires leaders to develop organizations and
a sense of meaningful work. It contributes to, for
institutions that are resource-enhancing to help give
example, mental health, less stress and burnout, job
people the wherewithal to realize their full potential.
satisfaction, helping behaviors, reduced turnover,
Individual resilience is highly dependent on the
performance, and profitability. At the other end of
context in which people are embedded. This means
the spectrum is burnout, which is a stress response
that initiatives to foster lawyer well-being should
syndrome that is highly correlated with depression.
take a systemic perspective.
It can have serious psychological and physiological
effects and harm performance and professionalism. Mindfulness Meditation
Stress Mindfulness meditation is a practice that can help
us change our mental habits and support resilience.
Stress is inevitable in lawyers’ lives and is not
It can aid our ability to monitor our thoughts and
necessarily unhealthy. Mild to moderate levels of
avoid becoming emotionally overwhelmed. A
stress that are within our capability can present
rapidly growing body of research on meditation has
positive challenges that result in a sense of
shown its potential for help in addressing a variety
mastery and accomplishment. But when lawyers
of psychological and psychosomatic disorders,
feel overburdened by their work, they are at much
especially those in which stress plays a causal role.
greater risk of burnout, depression, anxiety,
alcohol abuse, and physical health conditions. One type of meditative practice is mindfulness—a
Both personal and environmental factors in the technique that cultivates the skill of being present
workplace contribute to stress and whether it by focusing attention on your breath and detaching
positively fuels performance or impairs mental from your thoughts or feelings. Research has found
health and functioning. that mindfulness can reduce rumination, stress,
depression, and anxiety. It also can enhance a host
Resilience & Optimism
of competencies related to lawyer effectiveness,
Resilience can be defined as a process that enables including increased focus and concentration,
us to bounce back from adversity in a healthy way. working memory, critical cognitive skills, reduced

Lawyer Well-Being Toolkit / Page 21

EDUCATION & DEVELOPMENT

burnout, and ethical and rational decision-making. adapt tactics based on context—from necessary
work-related conflicts to inter-personal conflicts
Rejuvenation Periods with clients, opposing counsel, colleagues, or
Lawyers must have downtime to recover from loved ones. Conflict is inevitable and can be both
work-related stress. People who do not fully recover positive and negative. But chronic, unmanaged
are at an increased risk over time for depressive conflict creates physical, psychological, and
symptoms, exhaustion, and burnout. By contrast, behavioral stress. Research suggests that conflict
people who feel recovered report greater work management training can reduce the negative
engagement, job performance, willingness to help stressful effects of conflict and possibly produce
others at work, and ability to handle job demands. better, more productive lawyers.

Quality sleep is critically important in the recovery Work-Life Conflict

process. Sleep deprivation has been linked to
The stress of chronic work-life conflict can
a multitude of health problems that decay the
damage well-being and performance. Evidence
mind and body, including depression, cognitive
indicates that it is a strong predictor of burnout
impairment, decreased concentration, and burnout.
and significantly increases the risk of poor physical
Physical Activity health. On the other hand, work-life balance (WLB)
benefits workers and organizations. WLB is a
Many lawyers’ failure to prioritize physical activity complex topic, but research provides guidance on
is harmful to their health and functioning. Physical how to develop a WLB-supportive climate through
exercise is associated with reduced symptoms of policies and consistent support for WLB by leaders
anxiety, depression, and low energy and enhanced and direct supervisors.
brain functioning and cognition. It stimulates
new cell growth in the brain, which can offset the Meaning & Purpose
negative effects of stress, which can cause brain
A large body of research shows that feeling that
atrophy.
our work is meaningful plays an important role in
Leader Development and Training workplace well-being and performance. Evidence
suggests that the perception of meaningfulness
Leader development and training is critically is the strongest predictor of work engagement.
important for supporting lawyer well-being and Meaningfulness develops, for example, when
optimal performance. Low-quality leadership is a people feel that their work corresponds to their
major contributor to stress, depression, burnout, values. Organizations can enhance the experience
and other mental and physical health disorders. of fit and meaningfulness by, for example, fostering
Even seemingly low-level incivility by leaders a sense of belonging; designing and framing work
can have a big impact on workers’ health and to highlight its meaningful aspects; and articulating
motivation. Further, good leaders are made not compelling goals, values, and beliefs.
born: Many studies confirm that positive leader
behaviors can be trained and developed. Additional Topics
Conflict Management Some additional topics to consider include:

Our legal system is adversarial—it’s rooted in • Psychological capital (composed of optimism,

conflict. Even so, lawyers generally are not trained self-efficacy, hope, and resilience)
on how to constructively handle conflict and to • Psychological hardiness (composed of

Lawyer Well-Being Tool Kit / 22

 EDUCATION & DEVELOPMENT

commitment, control, and challenge)

• Stress mindset

• Growth mindset

• Grit

• Effort-reward balance

• Transformational leadership

• Self-determination theory (a well-established

motivational theory on which multiple lawyer
and law student well-being studies have been
based)

• Strengths-based management

• Emotional intelligence and regulation

• Organizational fairness

• Nutrition

• Interpersonal skills to foster high-quality

relationships and avoid conflict

• Political skills (which have been show to

enhance a sense of control and reduce stress),

• Time management/alignment (i.e., investing time

in alignment with ones values and priorities)

Lawyer Well-Being Tool Kit / 23

 ASSESSMENTS

L
egal employers should consider periodically Choosing Specific Assessments
measuring well-being on an anonymous basis
to track progress on well-being goals. As the As the well-being movement in the legal profession
old saying goes, “what gets measured gets done.” continues, we hope to validate and recommend a set
Further, evaluating which strategies are effective and of well-being-related surveys specifically tailored to
which are not will be impossible without ongoing lawyers and legal employers. At this point, though,
assessment. following the medical profession’s lead, we offer
multiple existing surveys from which legal employers
Deciding Whether to Assess Well-Being can choose. Legal employers may wish to hire
external consultants to help select specific surveys
The Centers for Disease Control and Prevention
that are the best fit for the organization’s priorities
(CDC) recommends that employers regularly assess
and to handle and analyze the data appropriately.
employee health and provides an Employee Health
This is the recommended course especially for
Assessment and Health and Safety Climate Survey
surveys and other communications related to
for doing so. (These surveys may need some
sensitive topics like mental health and alcohol abuse
revisions to be adapted to a legal employer context.)
and help-seeking behaviors or attitudes.
The CDC also has provided a User Manual for the
Climate Survey, which includes guidance on how to Possible Risks?
distribute and use this type of survey effectively. As
the CDC User Manual reflects, the feedback from If legal employers have any concerns that collecting
well-being-related assessments can guide further such information would create legal risks, they
investigation and interventions. may wish to discuss these issues with their legal
counsel or with Employee Assistance Programs and
The medical profession has made much more insurance carriers that have experience in this area.
progress than the legal profession on establishing
programs to assess and advance well-being. Organization-Level Surveys
For example, the National Academy of Medicine
Legal employers should consider organization-
recommends using surveys to assess well-being
level assessments and not only individual-level
and guide interventions. The Academy recognizes,
assessments of health and well-being. Legal
however, the potential tension between maintaining
employers will want to pay closer attention to
confidentiality and a desire to help that arises when
organizational and cultural factors that can contribute
measuring sensitive areas, such as depression,
to poor well-being, burnout, and departures.
suicide, and substance use disorders. In its view,
especially given the unfortunate continued stigma 13 Factors for Workplace Well-Being
about mental health, ensuring confidentiality is critical
to participants and to collecting accurate results. As noted above, the Tristan Jepson Memorial
Foundation has identified 13 factors as part of its
A possible way to address this tension that the Best Practice Guidelines for promoting psychological
Academy recommends is to take all participants well-being in the legal profession, and the Guarding
to a new screen at the end of the survey that: (a) Minds@Work provides a survey and supporting
provides general information about mental health documents to help employers assess and enhance
and substance use disorders, (b) encourages them these 13 factors.
to seek help if experiencing symptoms, and (c) and
gives information on resources for relevant services,
including a suicide hot line.

Lawyer Well-Being Tool Kit / 24

 ASSESSMENTS

CDC Healthy Climate Survey depression-related initiatives. As noted above, the

CDC also has provided an assessment tool called
As mentioned above, the CDC recommends the the Employee Health Assessment, which includes
Health and Safety Climate Survey for assessing a section on mental health. Three validated surveys
workplace well-being as well as a User Manual. that measure only depression are identified below:

• The Patient Health Questionnaire-9 (PHQ-

9) is a common screening tool for depression
Individual-Level Surveys and suicidal thoughts. An Instruction Manual
For individual lawyers, taking time to engage in self- also is available. It does not diagnose clinical
assessment is imperative to overall wellness. Many depression but helps identify people who are
lawyers have a hard time paying attention to their experiencing elevated depressive symptoms and
own needs. This is probably due to many factors, are at risk for developing a disorder.
including the tendency to focus on the needs of
• The Depression Anxiety Stress Scales-21
clients and others and a high need for achievement
(DASS-21). This scale was used in the 2016
that drives long working hours at a fast pace with too
lawyer mental health study referenced above.
little rest and rejuvenation.
• The Center for Epidemiological Studies-
Lawyers who pay more attention to their own needs
Depression (CES-D) Scale. This also is a
will be happier and healthier, will be able to provide
common screening tool for depression. To take it
higher quality professional services, and will be better
individually and immediately receive a feedback
colleagues and family members. Lawyers who take
report, participants can be directed to the
the time to assess their values, goals, and level of
University of Pennsylvania’s Authentic Happiness
well-being are able to make choices with greater
website where the CES-D Scale is available in the
clarity and confidence. They can also make better
Questionnaire Center.
decisions about how they want to practice and live
their lives. Since many lawyers are high-achievers Anxiety
by nature, they often tend to push themselves to do
more work than their own personal resources allow. • The General Anxiety Disorder (GAD) Scale is a
common assessment used to screen for anxiety.
The following individual-level assessments are It is available in the Screening Tools section of the
designed and intended for personal use and website offered by SAMHSA-HRSA Center for
guidance purposes only. Their results should not Integrated Health Solutions (CIHS).
be viewed as a diagnosis of having or not having
a mental health disorder. Participants should be Alcohol Use Disorders
informed that such surveys are not intended to
• The Alcohol Use Disorder Identification Test
take the place of a professional evaluation and that
(AUDIT) is a commonly used tool to screen for
questions and concerns should be referred to a
risk of alcohol use disorders. This was the scale
mental health professional.
used in the large-scale study of lawyers published
Depression in 2016 that is referenced above.

The CDC recommends that employers Burnout

assess employee depression and provides
• The Maslach Burnout Inventory (MBI) is the
recommendations for interventions and evaluating
most frequently-used burnout scale, but users

Lawyer Well-Being Tool Kit / 25

 ASSESSMENTS

must pay a license fee. A few free validated or mission that imbues work with importance;
alternatives are offered below: adequate resources to perform the work;
opportunities to use strengths and to learn, grow,
• Oldenburg Burnout Inventory. This is a validated and develop; supervisors who care, provide
burnout measure that’s available for use and in recognition, and discuss progress; co-workers
the public domain. The scale appears at the end who value quality; meaningful opportunities to
of the article you’ll find in the hyper-link. give input; and a close friendship with someone.
• Non-Proprietary Single-Item Burnout Measure. • Utrecht Work Engagement Scale (UWES). The
Scholars in the medical profession have validated scale and manual both are available in the hyper-
a single-item burnout measure (to replace the linked document. The UWES is the engagement
MBI), which is freely-available for use. The article scale used in most academic research.
that is hyper-linked contains the measure and While Gallup’s Q12 is focused more on the
describes it, and it also is set out below: preconditions that contribute to high motivation,
Overall, based on your definition of burnout, the UWES measures the energetic state that
how would you rate your level of burnout? results from supportive conditions. The 9-item
version of the UWES scales appears in the hyper-
1-I enjoy my work. I have no symptoms of burnout. linked document and is set out below, to which
participants respond on a scale from 0-Never to
2-Occasionally I am under stress, and I don’t always
6-Always.
have as much energy as I once did, but I don’t feel
burned out. At my work, I feel bursting with energy.
3-I am definitely burning out and have one or At my job, I feel strong and vigorous.
more symptoms of burnout, such as physical and
emotional exhaustion. I am enthusiastic about my job.

4-The symptoms of burnout that I’m experiencing My job inspires me.

won’t go away. I think about frustration at work a lot.
When I get up in the morning, I feel like going to
5-I feel completely burned out and often wonder if I work.
can go on. I am at the point where I may need some I feel happy when I am working intensely.
changes or may need to seek some sort of help.
I am proud on the work that I do.
Scoring Instructions: This item often is scored as ≤2
(no symptoms of burnout) vs. ≥3 (1 or more means I am immersed in my work.
there are burnout symptoms).
I get carried away when I’m working. 

Work Engagement
Overall Well-Being
• Gallup’s Q12. This is a popular, copyrighted
measure. You can view the items in a Gallup • Workplace PERMA Profiler. In his popular book
report discussing the measure. The “Q12” Flourish, Dr. Martin Seligman--the founder of
asks 12 questions covering concepts like: job positive psychology--defined human flourishing
satisfaction; clear work expectations; a purpose as made up of six dimensions: Positive Emotions,

Lawyer Well-Being Tool Kit / 26

 ASSESSMENTS

Engagement, Relationships, and Achievement Resilience

(which form the acronym “PERMA”). The
Workplace PERMA Profiler was created and There’s no standard definition or measure of
validated to measure the PERMA factors in the resilience and many scales are available-some of
workplace. which require payment of a licensing fee. You can
find a discussion of various options on the Positive
• Subjective Well-Being (SWB) is the most Psychology Program website.
frequently-used measure of overall well-being or
“happiness.” An SWB score typically is computed • Brief Resilience Scale. This is a 6-item measure
by creating a composite measure of (1) the of resilience.
Satisfaction with Life Scale (SWLS) and (2) a scale
Meaningful Work
that measures the ratio of positive to negative
emotions. The composite score is calculated Work and Meaning Inventory (WAMI). The WAMI
like this: SWLS + (positive emotions - negative is a common survey for measuring the experience of
emotions). Higher SWB is associated with many meaningful work. It is free to use for noncommercial
benefits--including better psychological and research and educational purposes without
physical health and occupational success. SWB permission. Research shows that the experience
was the measure of happiness used in a recent of meaningfulness is associated with physical and
lawyer well-being study that measured factors mental health and is the biggest driver of work
contributing to the happiness of thousands of engagement.
practicing lawyers.
Optimism
The first component of SWB is the Satisfaction with
Life Scale (SWLS). The second component of SWB Much evidence reflects that optimism is associated
is a measure of the ratio of positive to negative with physical and psychological health. There are two
emotions, such as the Scale of Positive and Negative primary ways that optimism is measured:
Experience (SPANE). Both scales are free to use • Life Orientation Scale-Revised. This scale
so long as credit is given to the authors. Because measures trait or dispositional optimism. It
negative emotions are much stronger than positive measures your habits of thought when facing
ones, it’s important to intentionally foster positive obstacles or considering the future.
emotions to maintain a healthy “positivity ratio” of
about 3:1 positive to negative emotions. A tendency • Attributional Style Questionnaire (ASQ)
toward positive emotions (called a Positive Emotional (aka Explanatory Style Questionnaire). This
Style) is associated with psychological and physical assessment measures explanatory style, which
health as well as occupational success and effective are your habits of thought when attributing
leadership. the causes of good and bad events. It is the
optimism measured used by research by positive
• The Wellness Assessment is another overall psychology founder Dr. Martin Seligman and
well-being measure that asks for your perceived discussed in his popular book Learned Optimism.
progress on your best life in terms of important It can be found in the Questionnaire Center of
relationships, community where you live, University of Pennsylvania’s Authentic Happiness
occupation, physical health and wellness, website. There is some evidence that lawyers
emotional and psychological well-being, and tend to have a pessimistic explanatory style,
economic situation. which is associated with depression.

Lawyer Well-Being Tool Kit / 27

 ASSESSMENTS

Leadership • Rated you lower than you deserved on an

evaluation.
• Transformational Leadership. Transformational
leadership is by far the most-studied leadership • Yelled, shouted, or swore at you.
theory in the academic leadership literature. A
• Made insulting or disrespectful remarks about
common measure of transformational leadership
you.
is the Multifactor Leadership Questionnaire. It’s
copyrighted and users must pay a licensing fee. • Ignored you or failed to speak to you (e.g., gave
you “the silent treatment”).
• Leader-Member Exchange (LMX). LMX also
is a popular leadership theory that focuses on • Accused you of incompetence.
the quality of relationships between leaders and
followers. This measure is freely available for non- • Targeted you with anger outbursts or “temper
commercial research and educational purposes tantrums.”
without seeking permission. It can be found in • Made jokes at your expense.
this article about LMX that also describes the
scale.

• Leader Development Plan Template. Claremont

Graduate University’s LeadLabs website offers
a free leader development plan template. It’s an
automated template that walks you through an
exercise to identify your leadership strengths and
goals.

Incivility
Workplace Incivility Scale. This scale was developed
by one of the leading experts in workplace civility, Dr.
Lilia Cortina. The scale is contained in the research
article available through the hyper-link and its 12
items are reprinted below:

During the PAST YEAR, were you ever in a situation

in which any of your supervisors or co-workers:

• Paid little attention to your statements or showed

little interest in your opinions.

• Doubted your judgment on a matter over which

you had responsibility.

• Gave you hostile looks, stares, or sneers.

• Addressed you in unprofessional terms, either

publicly or privately.

• Interrupted or “spoke over” you.

Lawyer Well-Being Tool Kit / 28

 ONLINE RESOURCES & TECHNOLOGY

Resources for Creating & Developing in promoting mental health and preventing
Well-Being Committees psychological harm at work. Its website collects
resources to support the Standard.
• The Manual for Well-Being Ambassadors
and slide deck that the American Psychiatric • Psychological Health and Safety: An Action
Association created for the medical profession. Guide for Employers. A handbook created by
the Mental Health Commission of Canada for
• The Government of South Australia’s (GOSA) employers wanting to launch a workplace well-
Workplace Health and Wellbeing Toolkit: Step being initiative.
by Step Guide to Developing a Successful
Workplace Program. The Guide provides a Smart Phone & Online Apps
framework for starting and sustaining well-being
• Headspace: A popular meditation app.
initiatives. The website also includes links to a
variety of templates, fact sheets, and other tools. • 10% Happier: Meditation for Fidgety Skeptics.
A popular meditation app.
• The National Academy of Medicine’s Action
Collaborative on Clinician Well-Being and • Calm: Mindfulness and meditation app.
Resilience Knowledge Hub.
• Happify: App offering evidence-based solutions
• A Wellness Toolbox created for medical residency for better emotional health and wellbeing.
programs to provide practical steps to create a
culture that emphasizes full wellness. • Stand Up! Work break timer app. Prompts you to
stand up according to a schedule you customize.
• The American Medical Association’s Five Steps to
Create a Wellness Culture. • Happy Tapper Gratitude Journal: Gratitude App

• Work and Well-Being Toolkit for Physicians • Mental Health Apps. The number of mental
prepared by University of Colorado’s Behavioral health-related apps is growing, including those
Health and Wellness Program. targeting depression. A number of articles have
tracked the trend and studies of effectiveness,
• Globoforce’s Ten-Step Guide to Working More such as:
Human.
࢝ Smart phone apps can reduce depression.
• The Wellness Network for Law. Collection of
resources related to lawyer well-being provided ࢝ New apps designed to reduce depression,
by an Australian-based group. anxiety as easily as checking your phone.

• Patrick Krill Strategies Website. Patrick Krill, who ࢝ Use and effectiveness of mobile apps for
led the 2016 study on lawyer mental health and depression.
substance abuse, is the leading expert on such • Cognitive Reframing Training. Mood Gym is a
disorders in the legal profession. His website subscription-based online application created by
provides resources relating to those topics. academics to teach cognitive reframing—a key to
• Guarding Minds at Work. In 2013, Canada mental health and resilience. Mood Gym has been
adopted the National Standard of Canada recommended by a scholar studying resident
for Psychological Health and Safety in the well-being in hospitals, and other applications like
Workplace—a set of voluntary guidelines, this are becoming increasingly available.
tools, and resources to guide organizations

Lawyer Well-Being Tool Kit / 29

 BOOK RECOMMENDATIONS

Lawyer-Specific Well-Being Books Success

Anne Brafford, Positive Professionals: Creating High- Daniel Goleman & Richard Davidson, Altered Traits
Performing, Profitable Firms Through The Science of
Adam Grant, Give and Take: Why Helping Others
Engagement
Drives Our Success
Heidi Brown, The Introverted Lawyer: A Seven Step
Robert Kegan & Lisa Laskow Lahey, Immunity
Journey Toward Authentically Empowered Advocacy
to Change: How to Overcome It and Unlock the
Kevin Chandler, The Lawyer’s Light: Daily Meditations Potential in Yourself and Your Organization
for Growth and Recovery
Alex Korb, The Upward Spiral: Using Neuroscience
Jeena Cho & Karen Gifford: The Anxious Lawyer: to Reverse the Course of Depression, One Small
An 8-Week Guide to a Happier, Saner Law Practice Change at a Time
Using Meditation
Sonja Lyubomirsky, The How of Happiness: A New
Andrew N. Elowitt & Marcia Watson Wasserman, Approach to Getting the Life You Want
Lawyers as Managers: How to be a Champion for
Cal Newport, Deep Work: Rules for Focused Success
Your Firm and Employees
in a Distracted World
Amiram Elwork, Stress Management For Lawyers:
Suzann Pileggi Pawelski & James O. Pawelski, Happy
How To Increase Personal & Professional Satisfaction
Together: Using the Science of Positive Psychology
In The Law
to Build Love That Lasts
Stewart Levine (Editor), The Best Lawyer You Can Be
Christine Porath, Mastering Civility: A Manifesto for
(compilation of chapters on lawyer well-being from
the Workplace
multiple authors), forthcoming 2018
Jason Powers, Positive Recovery Daily Guide: Thrive
Michael F. Melcher, The Creative Lawyer: A Practical
in Recovery
Guide to Authentic Professional Satisfaction
Tom Rath, Are You Fully Charged?
Rebecca Nerison, Lawyer Anger and Anxiety: Dealing
with the Stresses of the Legal Profession Tom Rath, Eat Move Sleep: How Small Choices Lead
to Big Changes
Hallie Neuman Love & Nathalie Martin, Yoga For
Lawyers: Mind-Body Techniques to Feel Better All Karen Reivich & Andrew Shatte, The Resilience
The Time Factor

Scott L. Rogers, The Six-Minute Solution: A Martin E. P. Seligman, Learned Optimism: How to
Mindfulness Primer for Lawyers Change Your Mind and Your Life

Well-Being Books--General Audience Emily Esfahani Smith, The Power of Meaning: Finding
Fulfillment in a World Obsessed with Happiness
Shirzad Chamine, Positive Intelligence: Why Only
20% of Teams and Individuals Achieve Their True Chade-Meng Tan, Search Inside Yourself
Potential
Caroline Webb, How to Have a Good Day
Cary Cooper and colleagues, Resilience for Success:
A Resource for Managers and Organizations Paul J. Zak, Trust Factor: The Science of Creating
High-Performance Companies
Carol S. Dweck, Mindset: The New Psychology of

Lawyer Well-Being Tool Kit / 30

 WELL-BEING PARTNERS

B
elow is a list of organizations focused on Mindfulness in Law Society
lawyer well-being that can partner with legal
The Mindfulness in Law Society (MILS) is an
employers on their well-being initiatives. They
education and support hub for mindfulness in
can provide or recommend qualified speakers and
the legal profession, bringing together lawyers,
provide other support and resources.
law students, faculty, judges, and other legal
ABA CoLAP & State Lawyer Assistance professionals across the nation, and supporting
Programs their interests in mindful lawyering. MILS offers and
shares programming, resources and networking
The ABA’s Commission on Lawyer Assistance opportunities. Contact: Richard Reuben, Contact:
Programs (CoLAP) provides support to people in [email protected].
the legal profession who are confronting alcoholism,
substance use disorders, or mental health issues. Stanford Law School Wellness Project
It carries out its mission by supporting the work of The goal of the Stanford Law School Wellness
state and local Lawyer Assistance Programs (LAPs) Project is to help respond to the explosion of
that provide hands-on services and support to interest in wellness at law schools and in the greater
those in need. CoLAP and LAPs offer a variety of legal community. The Project launched a website
resources, guidance, and speakers--including on to share ideas, teaching materials, articles and
lawyer wellness topics, such as clinical substance announcements. The Project also includes The
abuse, mental health issues, and wellness and stress WellnessCast, which is a podcast on well-being
management for lawyers. CoLAP’s website includes related topics.
a directory so that legal employers can locate their
local LAPs. Additionally, CoLAP hosts a Speakers State Bar Well-Being Committees
Bureau Directory, which is another source to locate A number of state bars have launched lawyer well-
speakers on wellness topics. being initiatives, including South Carolina and
To make it even easier to contact your local LAP, Georgia. Even for legal employers outside these
the Well-Being Partner Appendix at the end of the states, the Committees’ websites may provide useful
Toolkit provides a list of Directors or other leaders of materials and ideas.
the state LAPs whom you can contact for support
South Carolina Attorney Wellness Committee
with your well-being initiatives.
The SC Attorney Wellness Committee was launched
ABA LP Attorney Well-Being Committee in 2014 in an effort to address serious issues
confronting members of the legal profession. Its aim
The mission of the ABA Law Practice Division’s is to help lawyers achieve total wellness: mentally,
Attorney Well-Being Committee is to help the legal physically, and socially. The Committee started
profession thrive by providing resources, education, the “Living Above the Bar” wellness initiative and
and leadership on well-being-related topics. Contact: website, which included activities and wellness
Anne Brafford, [email protected]. resources.

Dave Nee Foundation Georgia Attorney Wellness Task Force

The Dave Nee Foundation works to prevent suicide The Task Force seeks to study and promote lawyer
in the legal profession by educating law students/ wellness programs by identifying factors that impact
lawyers about depression, its prevalence in the legal the physical and emotional well-being of attorneys
profession, and the availability and effectiveness of It started the “Lawyers Living Well” initiative and
treatment. Contact: [email protected].

Lawyer Well-Being Tool Kit / 31

 WELL-BEING PARTNERS

website, which included activities and wellness

resources.

Berkley Law Mindfulness Program

The Berkley Law Mindfulness in Legal Education
Program provides a website with mindfulness-related
resources for teaching and practicing mindfulness in
the legal profession.

Do You Recommend
Other Well-Being Partners?
Please Let Us Know!
Contact: [email protected]

Lawyer Well-Being Tool Kit / 32

 WELL-BEING SPEAKERS & CONSULTANTS

B
elow is a list of consultants, speakers, and Robin Belleau, JD, LCPC
professional coaches to aid your well-being
initiatives. Many on the list are lawyers, Robin Belleau is a Licensed Clinical Professional
and all have credentials or significant professional Counselor and former criminal defense litigator. She
experience outside of practicing law. The list is speaks on the topics of substance abuse, mental
provided as one resource for legal employers looking health, and well-being in the legal profession.
for collaborators. It is not offered as an “ABA- Contact: [email protected].
endorsed” list. The people on the list are either in
my own personal network or were recommended Dan Bowling, JD, MAPP
to me by someone I know. Many other candidates
Dan Bowling is a former practicing lawyer and
clearly are available, and I encourage additional
current law professor who focuses on the positive
recommendations. No negative inferences should
aspects of law practice and the importance of
be made by the exclusion of anyone from this list.
using one’s strengths. He teaches and researches
Also, all should be vetted according to your regular
on this topic at Duke Law School and has written
procedures for ensuring high-quality, reliable content.
and spoken extensively on the topic. Contact:
[email protected].
Debra Austin, JD, PhD
Debra Austin is a Professor of the Practice at Anne Brafford, JD, MAPP, PhD in
University of Denver Sturm College of Law. She
Progress
writes and speaks about how neuroscience and
psychology research can improve law student and Anne Brafford, a former Big Law partner, is an
lawyer well-being and performance. Her papers are author, speaker, and researcher. She focuses on
available online. Contact: [email protected]. the many aspects of law firm culture that boost
engagement and well-being and avoid burnout, such
Lisle Baker, LLB, MAPP as meaning and purpose, positive leadership, high-
quality motivation, resilience, work-life balance,
Lisle Baker, a professor at Suffolk Law School organizational practices and leadership behaviors
in Boston, focuses on incorporating positive that contribute to depression and burnout, and more.
psychology into the law school classroom and She also can provide organizational development
practice of law. In 2017, he launched a Suffolk Law and statistical analysis services for well-being
Positive Psychology Conference to provide an annual initiatives. Contact: [email protected].
forum for professors, experts, and practitioners to
share ideas. Contact: [email protected]. Heidi K. Brown, JD
Heidi Brown is an Associate Professor of Law at
Jonathan A. Beitner, JD, CPC In
Brooklyn Law School. She is the author of The
Progress
Introverted Lawyer and champions the power of
Jonathan Beitner is a practicing Senior Associate in quiet individuals to be impactful advocates, in their
a large law firm who is completing his professional authentic voices. Heidi illuminates the gifts that
coaching certification. He speaks and writes on introverted, shy, and socially anxious individuals offer
topics related to attorney well-being, including the legal profession, and seeks to help amplify their
mindfulness, fostering positivity/optimism, taking advocacy voices in an authentic manner Contact:
the anxiety out of networking, and breaking through [email protected].
procrastination. Contact: [email protected].

Lawyer Well-Being Tool Kit / 33

 WELL-BEING SPEAKERS & CONSULTANTS

Bree Buchanan, MSF, JD to reduce stress and enhance resilience. She co-
authored The Anxious Lawyer: An 8-Week Guide
Bree Buchanan is a Co-Chair of the National Task to a Joyful and Satisfying Law Practice Through
Force on Lawyer Well-Being, Chair of the ABA Mindfulness and Meditation. Contact: hello@
Commission on Lawyers Assistance Programs jeenacho.com.
(CoLAP), and Director of the Texas Lawyers
Assistance Program. Bree is a former litigator, law Judi Cohen, JD
professor, and lobbyist who now dedicates her life
to promotion of well-being in the legal profession. Judi Cohen is a Lecturer at Berkeley Law and the
Contact: [email protected]. founder of Warrior One LLC, a provider of continuing
legal education focused exclusively on mindfulness
Jeffrey H. Bunn, JD training for the legal mind. Warrior One offers in-
person trainings in-house and for firms, government,
Jeffrey Bunn, a retired long-time business litigator and public interest attorneys; and on-demand for
and mediator, is the owner of The Mindful Law individuals and licensed to law firms and legal
Coaching & Consulting Group. As part of his organizations. Contact: [email protected].
advocacy for incorporating meditation into the law
firm business model, he speaks about mindfulness Andrew Cohn, JD, MA
in the legal workplace, the business case for
Andrew Cohn, a professional coach, trainer, and
mindfulness, and measuring success of mindfulness
consultant, focuses on wellness and achievement,
practice. Contact: [email protected].
including clearer thinking, improved decision-making,
and alignment among project/work teams. He
Shannon Callahan, JD, CPC (pending)
uses a variety of tools and assessments, as well as
Shannon Callahan is a member of the Advisory principles of Aikido both on and off the mat. Contact:
Committee to the Lawyers Assistance Program [email protected].
Board Vice Chair of the Illinois Task Force on
Lawyer Well-being. She does individual and group Brian Cuban, JD
coaching; speaks on mindfulness through training
Brian Cuban is a practicing attorney, author, and
with Mindfulness Based Stress Reduction (MBSR);
addiction recovery advocate. The younger brother
and speaks on growth mindset, grit, self-compassion,
of Dallas Mavericks owner and entrepreneur Mark
resilience, goal-setting, and wellness. Contact:
Cuban, Brian has been in long-term recovery from
[email protected].
alcohol, cocaine, and bulimia since 2007. He is
Chelsy A. Castro, JD, MA MSW, LCSW the author of The Addicted Lawyer, Tales of The
Bar, Booze, Blow, & Redemption. Contact: brian@
Chelsy A. Castro is an attorney, psychotherapist, briancuban.com.
and author who speaks to lawyers, judges, and
law students on stress-management techniques, Sharon F. Danzger, CFA, CLU, ChFC,
success strategies for high-achievers under pressure, MAPP (pending)
mindfulness, substance abuse, mental health, and
wellbeing. Contact: [email protected]. Through corporate training programs and one-on-
one coaching, Sharon Danzger teaches individuals
Jeena Cho, JD to be more productive, healthier and happier. Using
evidence-based, practical strategies, clients are
Jeena Cho, a practicing lawyer, consults and speaks able to build daily habits that enable them to make
with lawyers about using mindfulness and meditation

Lawyer Well-Being Tool Kit / 34

 WELL-BEING SPEAKERS & CONSULTANTS

the best use of their time while reducing stress and related topics. Titles of past presentation include:
improving overall well-being. Sharon is the author Maintaining Peak Performance by Managing Energy
of Super Productive: 120 Strategies to Do More and & Stress Rather than Time; Developing Competence
Stress Less. Contact: [email protected]. with Interpersonal Conflicts; Working With Difficult
People; Stress is Not Your Enemy; Growing Beyond
Stewart I. Donaldson, PhD Perfectionism; and Forget About Balance – How
Stewart Donaldson is a Professor of Psychology About Work-Life Integration? He is the author of the
and Community & Global Health at Claremont ABA book Lawyers as Managers. Contact: elowitt@
Graduate University and the Executive Director of newactions.com.
the Claremont Evaluation Center (CEC). His focus
includes program evaluation, health promotion Tal Fagan, JD, CLC
and disease prevention, positive psychology, and Tal Fagin is a former practicing lawyer and certified
organizational development. Stewart and the CEC life coach. Her clients are successful people who,
can provide support to organizations interested in despite their many achievements, tend to feel
evaluating the effectiveness of well-being initiatives, perpetually dissatisfied. They often are looking for
including evaluation and statistical analysis services. “something more,” whether that be in their personal
Contact: [email protected]. relationships, careers, or health. Tal works together
with her clients to devise effective strategies for
Stacey Dougan, JD, LLM, MS, APC, NCC healthier, happier, more balanced living. Contact: tal@
Stacey Dougan is a lawyer-turned-therapist who talfusion.net.
helps attorneys and law students align their needs
and values with their personal and professional Jeffrey Fortgang, PhD
roles and responsibilities. As a writer, speaker, Jeffrey Fortgang is a licensed psychologist and
and consultant, Stacey also works with bar alcohol/drug counselor with a PhD in Clinical
associations, law firms, and law schools to promote Psychology who provides counseling services to
wellbeing in the legal profession. Contact: Stacey@ lawyers. He also speaks and writes on these topics
workbestconsulting.com. and is co-author of the ABA book The Full Weight of
the Law: How Legal Professionals Can Recognize and
Sean Doyle, JD, MAPP Rebound from Depression, which focuses on how
John “Sean” Doyle, J.D., MAPP, is General Counsel law students and lawyers can recognize, sometimes
for a broadband provider and has taught psychology avoid, and even rebound from depression. Contact:
at North Carolina State University for a decade. Sean [email protected].
works with lawyers on enhancing their effectiveness
and increasing their sense of meaning and joy. His Sarah Campbell Fowler, MAPP
book, Mud and Dreams, is a series of essays about Sarah Campbell Fowler is a presenter and coach
overcoming hardships and falling deeper in love with who uses her background in positive psychology and
life. Contact: www.JohnSeanDoyle.com, LiveFully@ resilience to help clients combat counterproductive
JohnSeanDoyle.com. thinking, manage stress, increase well-being, develop
leadership skills, and strengthen relationships. She
Andrew Elowitt, JD, MBA, PCC has developed a series of short videos focused
on resilience skills and positive psychology
Andrew Elowitt is a speaker, consultant, coach,
specifically for lawyers. Sarah earned a Master of
and author focusing on emotional, social and
Applied Positive Psychology from the University of
conversational intelligence; soft skills; and

Lawyer Well-Being Tool Kit / 35

 WELL-BEING SPEAKERS & CONSULTANTS

Pennsylvania and has completed her certification in assess, develop and strengthen these traits. She
Leadership Coaching from Georgetown University. is the author of the ABA book Grit, The Secret To
Contact: [email protected]. Advancement: Stories of Successful Women Lawyers.
Contact: [email protected].
Samantha Golkin, JD, LLM, MAPP
Samantha Golkin, a practicing lawyer, is a breast Michael Hoeppner
cancer survivor who regularly speaks on topics Michael Hoeppner is president of GK Training and
related to the connection between stress, rigorous Communications, which trains lawyers to access their
work environments, and health. Her focus is on how most genuine, authentic selves as communicators.
professionals can incorporate positive behaviors in He uses performance techniques and kinesthetic
a high-stress profession to improve well-being and learning tools to help clients transform their
positively affect overall health. Contact: sgolkin@ breathing, anxiety reflex, and stress response to
samanthagolkin.com. handle high-consequence communication situations
with grace and ease. Contact: Mhoeppner@gktandc.
Megan Grandinetti, JD com.
Megan Grandinetti is a certified health coach, yoga
teacher and (non-practicing) attorney. Megan works John F. Hollway, JD, MAPP (pending)
with her coaching clients on stress reduction, work- John Hollway is the Executive Director of the
life balance, career transition, and holistic health. Quattrone Center for the Fair Administration of
She often interweaves meditation, breath-work, and Justice at the University of Pennsylvania Law School.
other tools from her extensive yoga training into His focus is on creating psychologically safe spaces
her coaching sessions and speaking engagements. that facilitate difficult conversations and generate
Contact: [email protected]. open and honest dialogue about events that divide
people. His aim is to help management design
Terry Harrell, JD, LCSW, MAC, LCAC compassionate and fair responses that improve trust
Terry Harrell was appointed by 2017-2018 ABA and engagement. Contact: [email protected].
President Hilarie Bass as the Chair of the ABA
Working Group to Advance Well-Being in the Legal Peter Huang, JD, PhD
Profession. She also is a member of the National Peter Huang is a professor at University of Colorado
Task Force on Lawyer Well-Being and the Director of Law School. He speaks and writes on topics
the Indiana Judges and Lawyers Assistance Program. related to law and happiness, subjective well-being,
Terry combines her experience as therapist and a mindfulness, neuroscience, and psychology. Many
lawyer when speaking on topics such as lawyer of his papers are available online. Contact: peter.
well-being, resilience, and happiness. Contact: terry. [email protected].
[email protected].
Louisa Jewell, MAPP
Milana Hogan, EdD
Louisa Jewell is a speaker, author, and positive
Milana Hogan focuses on the non-cognitive traits— psychology expert who works with organizations
like grit, growth mindset orientation, and resilience— to promote well-being, confidence, and resilience.
that have been shown to be predictors of long-term, Louisa is the founder of the Canadian Positive
successful careers in the law, particularly for women Psychology Association and a professor at the
lawyers. She is one of the co-creators of the ABA University of Texas, Dallas. She is the author of
Commission on Women in the Profession’s Grit Wire Your Brain For Confidence: The Science of
Project, which offers practical tools for women to

Lawyer Well-Being Tool Kit / 36

 WELL-BEING SPEAKERS & CONSULTANTS

Conquering Self-Doubt. Contact: louisa@louisajewell. Recognized as a leading authority on the substance

com. use and mental health problems of lawyers, Patrick
is the founder of Krill Strategies behavioral health
Elizabeth Johnston, JD, MAPP consulting firm exclusively for the legal profession.
Elizabeth Johnson, a practicing lawyer, focuses on Patrick works with legal employers to help them
well-being for law students and big firm associates, understand and navigate addiction, mental health,
including topics such as motivation, congruency, and well-being issues. Contact: [email protected]
self-determination theory, and the pursuit of success
(versus happiness) generally. She strives to apply her Larry Krieger, JD
psychology education and her experience as a law Larry Krieger is a professor at Florida State University
firm associate to recommend how to mitigate the law school and researcher on topics related to law
psychological risks inherent in the profession and to student and lawyer well-being. He has led multiple
help others thrive as attorneys. Contact: edjohnst@ studies on lawyer/law student functioning and well-
gmail.com. being, including a 2016 study of over 6,000 lawyers
on happiness in the legal profession. Contact:
Andrew D. Kang, JD, LICSW [email protected].
Andrew Kang, a former practicing lawyer, is a
licensed therapist in Boston who specializes in Jon Krop, JD
working with lawyers and other professionals. He Jon Krop, the Founder of Mindfulness for Lawyers,
speaks on topics related to mental health, work/life helps legal professionals reduce stress, boost
balance, and substance abuse in the legal profession. performance, and cultivate resilience through
Contact: Boston Professionals Counseling, LLC. mindfulness, a simple mental practice derived from
Tracy L. Kepler, JD meditation and validated by modern science. Jon
has taught mindfulness at Harvard, the Pentagon,
Tracy Kepler is the Director of the ABA’s Center for and the world’s top law firms. He offers workshops,
Professional Responsibility. She has acted as an individualized coaching, and other services. Contact:
ABA liaison for the National Task Force on Lawyer [email protected]
Well-Being and Presidential Working Group on Well-
Being in the Legal Profession. Tracy speaks on the Paula Davis-Laack, JD, MAPP
relationship between well-being and professionalism
Paula Davis-Laack is the Founder and CEO of the
and competence. Contact: Tracy.Kepler@
Stress & Resilience Institute, a training and consulting
americanbar.org.
firm that partners with legal employers to teach
resilience skills to lawyers and key stakeholders so
Martha Knudson, JD, MAPP they can be more effective at leading in a changing
Martha Knudson brings expertise in the law, environment, managing stress and preventing
business, and positive psychology to her work with burnout, and building innovative, high-performing
individuals and organizations. She speaks on law and teams. Contact: [email protected].
well-being, work-life conflict, strengths-based stress
management, resilience, and building psychological Jennifer Leonard, JD
capital – the psychological strengths associated with
Jennifer Leonard is the Associate Dean for
higher performance, lower stress levels, and better
Professional Engagement and Director of the Center
well-being. Contact: [email protected].
on Professionalism at the University of Pennsylvania
Law School. She educates lawyers and law
Patrick Krill, JD, LLM, MA, LADC

Lawyer Well-Being Tool Kit / 37

 WELL-BEING SPEAKERS & CONSULTANTS

students about overcoming challenges created by and serves as an assistant instructor for the Master
lawyer culture that can harm their well-being and of Applied Positive Psychology graduate program at
performance. Jen’s work focuses on growth, the the University of Pennsylvania. In 2012, Cory spent
power of social connection, and the development of 6 months in silence practicing meditation in Asia and
the whole attorney. She founded thehappyjd.com, now integrates this work into professional settings in
which promotes well-being in the legal profession. a practical, evidence-based way. He’s been a regular
Contact: [email protected]. guest on the Dr. Oz show. Contact: cory.muscara@
gmail.com.
Stewart Levine, JD
Stewart Levine is a counselor, mediator, facilitator, Chris L. Newbold, JD
trainer, and author. He seeks to generate well-being Chris Newbold, a member of the Presidential Working
through education and training on collaboration Group on Well-Being in the Legal Profession, is the
and conflict resolution skills, emotional intelligence, Executive Vice President of ALPS, the largest direct
communication, and relationships. He is the author writer of lawyer’s professional liability insurance in the
of Getting to Resolution: Turning Conflict into country. He understands how attorney well-being
Collaboration and curated and edited the forthcoming weaves into the underwriting process for malpractice
ABA book titled The Best Lawyer You Can Be, which insurance carriers, and regularly facilitates large
provides tools and information to enable a successful groups intent on focusing on the well-being subject,
career and a happy life. Contact: ResolutionWorks@ with special emphasis on State-based task forces,
msn.com. working groups, bar association committees on
well-being and law firm retreats. Contact: cnewbold@
Caroline Adams Miller, MAPP alpsnet.com.
Caroline Miller is an author, speaker, coach, and
positive psychology expert who focuses especially on Elaine O’Brien, PhD, MAPP
well-being, goal-setting, and grit. She is the author of Elaine O’Brien holds a PhD in Kinesiology, the
Getting Grit and other books and is an adjunct faculty Psychology of Human Movement, and a U Penn
in the Wharton Business School Executive Education MAPP degree. She is Founder of Positive Fit Lab:
School at the University of Pennsylvania. Contact: Lifestyle Medicine. She consults, speaks, and
[email protected]. trains on the topics of positive health, performance,
vibrancy, physical activity, fitness enjoyment,
Ronda Muir, JD motivation & adherence strategies. Contact:
Ronda Muir, Principal of Law People Management, [email protected].
LLC, focuses on lawyer personalities and solutions
to people management challenges in the legal Jennifer Overall, JD
industry. She is the author of the ABA book Beyond Jennifer Overall is a former Biglaw attorney and a
Smart: Lawyering with Emotional Intelligence, Certified Presence-Based® Coach (an ICF accredited
which is a comprehensive guide to emotional coach training program) who works with lawyers and
intelligence in the practice of law. Contact: RMuir@ other professionals wrestling how to respond when
lawpeoplemanagement.com. they are feeling unfulfilled, frustrated, disengaged, or
burned out at work. Contact: [email protected].
Cory Muscara, MAPP
Cory Muscara is an international speaker and Gloria H.M. Park, PhD, MAPP
teacher on mindfulness meditation. He has taught Gloria Park is a consultant, coach, and trainer for
mindfulness-based leadership at Columbia University Perform Positive Consulting and Research Director at

Lawyer Well-Being Tool Kit / 38

 WELL-BEING SPEAKERS & CONSULTANTS

Wharton People Analytics. She applies the principles Becky Reichard, PhD
of sport and performance psychology to help
Becky Reichard, an Associate Professor at
individuals and organizations cultivate performance
Claremont Graduate University, focuses on all
excellence while also supporting well-being. She
aspects of leader development, assessment, and
has worked with athletes, performing artists, and
development readiness. Becky directs LeAD Labs,
various professionals in high stress environments
which is an applied research group focused on leader
teaching skills and strategies that unlock the potential
development. She teaches on topics like leader
for growth and achievement. Contact: Gloria@
development, positive leadership, psychological
performpositive.com.
capital, organizational behavior, and training and
development. Contact: [email protected].
Suzann Pileggi Pawelski, MAPP
Suzann Pileggi Pawelski is an author, speaker, and Aileen Reilly, JD, CPCC, ACC, ORSC-
well-being consultant specializing in the science Trained
of happiness and its effects on relationships and
Aileen Reilly is a relationship coach and also a former
health—an area critical for lawyer well-being,
felony prosecutor and Big Law white collar criminal
given work-life balance research showing that
attorney. Aileen works with professionals to improve
healthy marital relationships contribute to thriving
their most important relationships, both at home, with
in both domains. Suzann is the co-author of Happy
their spouses or partners, and at work, with their co-
Together: Using the Science of Positive Psychology
workers and clients. When relationships are good, life
to Build Love that Lasts, which she wrote with her
is good. Contact: [email protected].
husband, James Pawelski. Contact: suzieandjames@
buildhappytogether.com.
Karen Reivich, PhD
Jane Reardon, JD Karen Reivich is a leading expert in the fields of
resilience, depression prevention, and positive
Jayne Reardon is the Executive Director of the Illinois
psychology. She is the Director of Training Programs
Supreme Court Commission on Professionalism. She
for the Penn Positive Psychology Center. She is the
oversees programs and initiatives to increase the
lead instructor and curriculum developer for the Penn
civility and professionalism of attorneys and judges,
Resilience Programs, which delivers evidence-based
create inclusiveness in the profession, and promote
workshops to organizations on resilience and well-
increased service to the public. She also writes and
being. She is the co-author of The Resilience Factor.
speaks on professionalism topics, including ways
Contact: [email protected].
lawyers can better manage time, client expectations,
and stress. Contact: [email protected].
Richard C. Reuben, JD
Candice Reed, JD, MAPP Richard Reuben, a professor at University of
Missouri School of Law, has focused on creating an
Candice Reed, a former practicing lawyer, is a
infrastructure within the legal profession to support
speaker, professional coach, and legal staffing
mindfulness, yoga, and contemplative practices,
consultant. She focuses on topics such as
including founding the Mindfulness in Law Society
cultivating well-being and increasing workplace
and the Mindfulness Affinity Group of the Balance
engagement and satisfaction. Contact: creed@
Section of the Association of American Law Schools.
candicereedconsulting.com or creed@latitudelegal.
Reuben also teaches and researches mindfulness for
com.
students. Contact: [email protected].

Lawyer Well-Being Tool Kit / 39

 WELL-BEING SPEAKERS & CONSULTANTS

Larry Richard, JD, PhD Eva Selhub, MD

Larry Richard is a speaker and consultant focusing Eva Selhub is a Board Certified physician, speaker,
on offsetting lawyer negativity with positivity using scientist, coach, and consultant in the fields of stress
personality research, building psychological resilience and resilience. She is the author of several books,
in lawyers, and increasing psychological engagement including the forthcoming The Stress Management
in Millennials. Contact: drlarryrichard@lawyerbrain. Handbook (January 2019 release). She works with
com. clients, corporations, and scientific colleagues to
redefine the approach to health and wellness to a
Scott L. Rogers, MS, JD model that incorporates improving culture, managing
Scott Rogers founded and directs Miami Law’s stress, and working with the natural environment to
Mindfulness in Law Program, where he teaches achieve maximum resilience and optimal leadership.
Mindfulness in Law, Mindful Ethics, and Mindful Contact: [email protected].
Leadership, and co-founded the University’s
Mindfulness Research & Practice Initiative. He Jason T. Siegel, PhD
created Jurisight®, a CLE program to integrate Jason Siegel is a professor of psychology at
mindfulness, neuroscience, and the law. He is the Claremont Graduate University, the director of the
author of The Six Minute Solution: A Mindfulness Depression and Persuasion Research Lab, and the
Primer for Lawyers. Contact: [email protected]. co-director of the Institute for Health Psychology
& Prevention Science. His research focuses on
Diane Rosen, JD, MBA, MAPP the social psychology of health behavior change
Diane Rosen, a practicing lawyer, also facilitates and includes work on communication strategies to
training and education on engagement (from encourage help-seeking and avoiding boomerang
Millennials to transitioning senior partners), difficult effects. Contact: [email protected].
conversations, conflict resolution, positively-oriented
performance management, leading with strengths, Gulwinder S. Singh, JD
multigenerational leadership, relational mentoring, Gulwinder “Gullu” Singh is a corporate real estate
onboarding, goal-setting and the meaning of attorney who teaches mindfulness meditation to
wellbeing in the workplace. Contact: dianerosen105@ lawyers and others. He has significant training as a
gmail.com. teacher and practitioner and is deeply inspired to
share meditation as an antidote to stress; a way to
Joanne Clarfield Schaefer, LLB, AccFM, cope more effectively with the challenges of work
ACC, CAPP and life; and to inject more sanity, compassion and
Joanne Clarfield Schaefer has a coaching and wisdom into this world. Contact: [email protected].
consulting practice focused on building resilience and
developing practical stress management strategies Pat Snyder, JD, MAPP, ACC
and well-being initiatives. She is a former practicing Pat Snyder, a professional coach, focuses on
attorney, partner, and past head of Professional identifying and using character strengths in the
Development at a global law firm. She has a practice of law, integrating work and life, developing
Certificate in Positive Psychology and is a Certified self-compassion to increase the capacity for risk-
Coach. Contact: [email protected]. taking and success, developing a daily practice
of specific positive interventions, and navigating
transitions smoothly through an ending, limbo

Lawyer Well-Being Tool Kit / 40

 WELL-BEING SPEAKERS & CONSULTANTS

period and new beginning. Contact: Pat@ Diana Uchiyama, JD, PsyD
lawyercoachpatsnyder.com.
Diana Uchiyama is a licensed Clinical and Forensic
Alistair Southern, LLB (Hons), MSc Psychologist and a former criminal defense attorney.
(Psych) She speaks about and promotes wellness in the
legal profession, focusing on co-occurring disorders,
Alistair Southern is an executive performance coach
substance use, and mental health, utilizing a strength
and former Magic Circle solicitor from London,
based approach. Contact: [email protected].
England. He adopts an integrative approach to
professional well-being that incorporates insights and
Mary E. Vandenack, JD, RYT300, ACE
techniques from positive and cognitive psychology,
CFI
neuroscience, and learning theory to help lawyers
remain positive, focused and resilient in their work. Mary Vandenack practices and teaches yoga,
Contact: [email protected]. meditation, mindfulness, and pilates. Mary
trained with, among others, Tias Little and Prajna
Dasha Tcherniakovskaia, JD, LMHC Yoga at One Tree Yoga. She has comprehensive
contemporary and classical training in mind-body
Dasha Tcherniakovskaia, a formerly practicing lawyer,
work and teaches and speaks about mindfulness.
is a licensed therapist in Boston. She is in private
As a practicing lawyer by day, Mary focuses on
practice and also speaks on topics related to lawyer
helping lawyers find balance and wellness. Contact:
mental health. Contact: [email protected].
[email protected].
Dwayne A. Thomas, JD, MAPP
Sarah Weinstein, JD, MA
Dwayne Thomas is a practicing attorney who also
Sarah Weinstein, a former practicing lawyer, is an
speaks and consults on topics related to lawyer
executive consultant and psychotherapist who
success and well-being. Dwayne’s speaking
specializes in working with lawyers and other
engagements have focused on how beliefs
professionals. She formerly served as the External
that spread through cultural transmission can
Director of the Stanford Law School Wellness Project.
impact success, how to pass the bar exam or
Contact: [email protected].
any other test, and using research to improve the
success of diversity recruitment efforts. Contact:
Angela Wright, JD, LLM, LLB, MSc,
[email protected].
CoachPsych
Dan Tomasulo, PhD, MFA, MAPP Angela Wright, a former lawyer, is a consultant,
Dan Tomasulo is a core faculty member for the coach, and researcher. She works with lawyers and
Spirituality Mind Body Institute, Teachers College, law firms to develop the interpersonal skills, cultures
Columbia University, a licensed psychologist and and environments that drive peak performance and
psycho-dramatist, and a graduate from the Master support well-being, including enhancing Mental
of Applied Positive Psychology program at the Toughness, Psychological Capital, Engagement,
University of Pennsylvania. Named by Sharecare as a Motivation, Agility, Resilience, Complexity of Mind,
top ten online influencer on the topic of depression, Positive Leadership & Workplace Practices. Contact:
he was formerly a consultant for the Trial Lawyer’s [email protected].
College in Wyoming, and specializes in the use of
psychodrama, psychotherapy, and education to
enhance well-being. Contact: [email protected].
edu.

Lawyer Well-Being Tool Kit / 41

 WELL-BEING SPEAKERS & CONSULTANTS

Courtney Wylie, JD, CPC, ELI-MP, PhD

Admitted
Courtney Wylie, an experienced professional
development specialist in the legal profession, will
start a PhD program in positive psychology in the
fall of 2018. Her focus is on working with lawyers
using evidence-based strategies to create balance,
improve emotional intelligence, and prioritize self-care
to enhance health, happiness, and success. Contact:
[email protected].

Jeffrey Yip, PhD

Jeffrey Yip is an Assistant Professor of organizational
psychology at Claremont Graduate University. He
directs the Talent Science Lab, which is an applied
research group focused on talent management and
career development. Jeffrey’s research is in the areas
of leadership, mentoring, and career development. His
professional experience includes work in leadership
development with the Center for Creative Leadership.
Contact: [email protected].

Do You Have A Well-being

Speaker Or Consultant
To Recommend?
Please contact us:
[email protected]

Lawyer Well-Being Tool Kit / 42

ACTIVITY WORKBOOK

WHAT IS THE WORKBOOK? PERMISSION FOR USE

In the following pages, you’ll find Well-Being The authors of the Well-Being Worksheets
Worksheets that provide hands-on activities, retain all rights and ownership of their content
guidelines, reminders, and the like to help but provide permission to freely use and
boost well-being. The Worksheets can be used reproduce it for non-commercial purposes
by individual lawyers or collectively as part of so long as proper credit is given. No further
legal employers’ well-being initiatives. permission is needed from the authors to use
the material under these conditions.
TABLE OF WORKSHEETS

Worksheet Title Contributor

1 How to Be Happier? Make it a Priority Anne Brafford

2 Six Sources of Well-Being Paula Davis-Laack

3 Grow Your Gratitude Anne Brafford

4 Do Acts of Kindness Anne Brafford

5 Psychological Capital Martha Knudson

6 Reframe Stress & Adversity Paula Davis-Laack

7 Mindfulness Jon Krop

8 The Emotionally Intelligent Path to Well-Being Ronda Muir

9 Well-Being and Confidence Louisa Jewell

10 Use Your Strengths Anne Brafford

11 Capitalizing on Introverted Strengths Heidi Brown

12 Overcoming Public Speaking Anxiety Heidi Brown

13 Mind Your Marriage Aileen Reilly

14 Managers, Don’t Forget Your Own Well-Being Andrew Elowitt

15 Positive Leadership Anne Brafford

16 Physical Activity & Vibrancy Elaine O’Brien

17 Positive Golf Activities Elaine O’Brien

 WORKSHEET # 1

How To Be Happier? Make it a Priority

Contributed by: Anne Brafford, JD, MAPP, PhD In Progress
[email protected] | www.aspire.legal

W
hile genetics play a role in our patterns of They let us know, for example, when we need to
happiness, our biology doesn’t have to make important changes and often accompany early
be our destiny. Much about our genetic stages of growth activities. But if negative emotions
makeup is malleable. Also, our life circumstances and dominate our lives, our health and well-being will
factors within our voluntary control play a big role in suffer. Especially if you experience a high frequency
our level of happiness (Lyubomirsky et al., 2005). This of negative emotions as a regular part of your work
is good news. It means that even those born with a (as lawyers often do), you may need to consciously
genetic tendency for gloominess have an opportunity seek out good things to restore your equilibrium after
to take control over factors that can significantly something bad happens. No one said happiness
increase their well-being. didn’t require some work!

Happiness Is Worth The Effort

Most of us would like more happiness in our busy
lives, and science shows that it’s worth making
an effort. People with a Positive Emotional Style
(PES)—who tend toward positive emotions—are
more resilient, healthier, and happier. Among other
things, they have fewer symptoms of anxiety and
depression; live longer; have better immune systems,
cardiovascular health, and pulmonary functioning;
and have higher life and work satisfaction (Brafford,
2017). Science suggests that creating a personal
Happiness Plan can contribute to our health and
success. But be aware that pursuing happiness for its own
Prioritize Positivity sake can backfire and make us less happy. The best
strategy is to deliberately plan daily opportunities
When designing your own Happiness Plan, you’ll that can lead to naturally-occurring positive emotions
want to keep in mind that, for evolutionary reasons, (Datsu & King, 2016). Focus on the journey, not
bad is stronger than good: Negative emotions are the destination. The benefits are greater positive
much stronger than positive ones. We’re hardwired to emotions and well-being.
react more strongly to bad things. As a result, we’re
not likely to feel happy (and experience the related Choose High-Value Happiness Activities
beneficial effects) unless our positive emotions
Not all activities that trigger short-term positive
outweigh bad ones.
emotions contribute equally to our long-term
To feel happy, shoot for a ratio 3-5:1. In other words, happiness. Scarfing down an entire pizza with extra
try to offset every negative experience with three to cheese, for example, may give me a jolt of temporary
five positive ones. This is not to say that we should pleasure, but it’s unlikely to do much for my long-
strive to eliminate negative emotion (which would be term well-being. Activities that will give the biggest
impossible anyway!). Negative emotions are useful. boost to our health and happiness are those that
support our basic needs as continually-evolving

© Anne M. Brafford
Lawyer Well-Being Tool Kit / Page 45
 WORKSHEET # 1

human beings. The challenge will be to figure out significant within your own values system and/
how to include more activities that support these or that help us make progress toward goals or a
needs into your everyday life. It won’t happen by general purpose.
accident.
Plan & Track Your Progress
√ Connection & Belonging. We humans have
a fundamental need to connect and belong. It may seem counter-intuitive but, like anything worth
This includes supportive relationships as well doing, increasing happiness will take effort and
as a sense of belonging or fit with groups we planning. Below are suggested steps to get started
care about. A sizable body of inter-disciplinary on your Happiness Plan:
research shows that this need is powerful and 1. Learn Your Behavior Patterns. Much of our
pervasive. It can help or harm our cognitive behavior is so automatic that it occurs outside of
processes, emotional patterns, behaviors, and our awareness and as a matter of habit. To begin to
health and well-being. A poor sense of belonging change our patterns to boost well-being, we need to
and feelings of exclusion can trigger self- gain better awareness of them. A good way to do so
defeating behaviors like procrastination, lethargy, is to create an Activity and Mood Monitoring Chart.
and depression. For a week or more, complete an activity log (sort of
√ Mastery Activities. Our fundamental needs like your billable time log) on an hour-to-hour basis.
also include feeling confident in our ability to Write down brief statements of what you are doing
master new skills and to have an impact on our each hour (Addis & Martell, 2004).
environment. Continuous learning and a growing 2. Learn Associated Moods. Next, for each activity,
sense of mastery in activities that are significant write down a few words that describe how you felt
to us are keys to this source of well-being. during the activity. Words might include, for example,
√ Maximize Autonomy. A third fundamental need happy, joyful, passionate, angry, anxious, or sad.
is driven by a basic human desire to be “self- Rate each emotion on a scale of 1 to 10, with 10
creating” and under self-rule. It’s about feeling being the most intense (Addis & Martell, 2004).
authentic and like the author and architect of 3. Review What You Noticed. After you’ve created
our own behavior—that our behavior aligns your logs for a week, review them and identify
with our interests and values and is within our patterns. Did your moods vary or not? Are there
responsibility and control. common times of the day that are more difficult or
√ Help Others. Research also suggests that we easier for you? Are there situations that routinely
have a basic need to feel that we’re benefiting make you happy or are associated with negative
others or the common good. emotions? (Addis & Martell, 2004).

√ Do Something Meaningful. We often waste 4. Identify Behaviors That Have Positive/Negative

our scarce free time by mindlessly watching Impact. Next, review your logs and identify what
TV, paging through gossip magazines, reading activities or behaviors made you feel bad on a regular
click-bait on the Internet, or perusing social basis. Consider what alternatives you may have that
media. These don’t contribute much to our sense can make you feel better or improve the situation.
of meaningfulness in our lives or work--which Also identify activities and behaviors that regularly
research shows is powerfully related to health and boosted your mood. Consider why that was so and
happiness. Meaningful activities include those how you can increase those ingredients in your daily
that make us feel that we’re doing something schedule.

Lawyer Well-Being Tool Kit / 46

 WORKSHEET # 1

5. Create a Schedule of Mood-Boosting Activities. • How might you foster a greater sense of
After looking over the behaviors, activities, and meaningfulness in your work and non-work
alternatives from Step 4, create a daily log for life? What can you do to ensure that meaningful
the upcoming week in which you schedule do- activities are prioritized over mindless activities?
able activities that may help you avoid negative How can you help others feel a greater sense of
experiences and increase positive ones. Also try to meaning?
choose high-value happiness activities that are most
Start relatively small so that you can ensure early
likely to have the biggest positive impact:
wins that will fuel your motivation to keep at it. As you
pick up momentum, you can increase the difficulty of
your goals and begin designing realistically ideal days
that are filled with more positive experiences.

6. Adopt a Mindset of Curiosity. As you progress

through these steps, do so with an experimental
(not a judgmental) mindset. Notice how you feel and
whether your plan is working or not. No matter what
the outcome, you’re likely to learn something useful.
Keep trying new experiments to discover what works
best for you.

7. Periodically Measure Your Happiness. To test

• How can you connect more frequently with whether your Happiness Plan is working, consider
people who give you energy? How can you measuring your level of happiness with a validated
foster a greater sense of belonging inside of work scale. To get a base line, take a happiness survey
and in non-work activities? What can you do to before you launch your Happiness Plan. Then repeat
contribute to others’ sense of connection and the survey in six-week intervals and keep track of
belonging? your results. You might find your happiness levels
perking up!
• What can you do to support your need for
continual learning and mastery--both inside work One good measure to use is Subjective Well-Being,
and in non-work activities? How can you help which is discussed in the Assessments section of the
others do the same? Toolkit. It measures life satisfaction and your balance
of positive to negative emotions. It has been linked to
• How can you more effectively plan your schedule
many positive well-being consequences.
and activities so that you feel that they are more
aligned with your own interests and choices? If you’re experiencing depressive symptoms, you
How can you reduce feeling that you’re being might also decide to use a depression scale to track
“bossed around” by your schedule and others’ your progress--such as the CES-D Scale discussed
demands? How can you help support others’ in the Assessment section. The recommendation
autonomy? here to prioritize positivity is similar to what’s called
“behavioral activation.” This is a cognitive behavioral-
• What can you do each day or each week to
based strategy for overcoming depression and other
support others or the common good? How can
mental health difficulties that’s been used effectively
you highlight for others how their contributions
as part of self-help programs and in conjunction with
have helped you, clients, or others?
clinical therapy (Addis & Martell, 2004). The strategy

Lawyer Well-Being Tool Kit / 47

 WORKSHEET #1

involves identifying one’s values and scheduling

daily activities to better align with those values.
To learn how to take a structured approach to
behavioral activation, Drs. Michael Addis and
Christopher Martell’s award-winning workbook High-Quality Happiness Activities
Overcoming Depression One Step at a Time
guides readers through helpful exercises.

Conclusion Connection & Belonging

Supportive relationships and a sense of
As the above reflects, for many of us, making belonging or fit with groups we care about.
up our minds to be happier and healthier by
prioritizing positivity is likely to have the intended
results. Fellow lawyer Abraham Lincoln appears Mastery Activities
to have had it about right when he said, “Folks Continually learning, growing, and
are usually about as happy as they make up their gaining confidence in our ability to make
minds to be.” things happen.

Autonomy
References Feeling that our choices are self-authored
and aligned with our own preferences.
Addis, M. A., & Martell, C. (2004). Overcoming
The opposite of feeling controlled,
depression one step at a time: The new behavioral
forced, or guilt-driven.
activation approach to getting your life back. U.S.:
New Harbinger Publications, Inc
Helping Others
Brafford, A. (2017). Positive Professionals: Having a positive impact on others or the
Creating High-Performing Profitable Firms common good.
Through the Science of Engagement. Chicago, IL:
American Bar Association.
Meaningfulness
Datsu, J. D., & King, R. B. (2016). Prioritizing Feeling that our activities are significant
positivity optimizes positive emotions and life within our own values system.
satisfaction: A three-wave longitudinal study.
Personality and Individual Differences, 96, 111-
114.

Diener, E., Emmons, R. A., Larsen, R. J., & Griffin,

S. (1985). The Satisfaction with Life Scale. Journal
of Personality Assessment, 49, 71-75.

Lyubomirsky, S., Sheldon, K., & Schkade, D.

(2005). Pursuing happiness: The architecture
of sustainable change. Review of General
Psychology, 9, 111-131.

Lawyer Well-Being Tool Kit / 48

WORKSHEET # 2

6 Sources of Well-Being:
Create Your PERMA-H Formula
Contributed by: Paula Davis-Laack, JD, MAPP
www.pauladavislaack.com | [email protected]

P
ERMA is a theory of well-being developed MEANING: What contributes to your sense
by Dr. Martin E.P. Seligman and includes of meaning and purpose?
the following five dimensions: Positive
emotions, Engagement, Relationships, Meaning, VALUE: ______
and Achievement (also called Accomplishment).
According to Dr. Seligman, people thrive or flourish
when they prioritize all of these dimensions. While ACHIEVEMENT: What activity types drive
Dr. Seligman has not formally added “health” you? What does achievement mean to you?
to his theory, my colleagues and I think it is an
VALUE: ______
indispensable aspect of well-being.

HEALTH: Burnout prevention requires self-

Instructions For Part 1:
care. How do you re-charge your batteries
Answer the questions below and then assign a at work and outside work? What prevents
value for each category, for a total of 40 points (your you from fostering good self-care habits?
“PERMA-H Score”).
VALUE: _______

POSITIVE EMOTION: What positive

Instructions for Part 2:
emotions do you experience regularly?
What activities facilitate those emotions? Step 1. Create a PERMA-H Score that represents
how you feel when you’re at your best.
VALUE: _______

Step 2. Now create a second PERMA-H Score for

ENGAGEMENT: What activities cause you
how you feel on a typical day.
to lose track of time and make you feel like
you’re “in the zone?”

VALUE:________ Step 3. What are the similarities and differences?

RELATIONSHIPS: Who are the people at

work and home who most contribute to
your sense of well-being? Who makes you (The PERMA model was created by Dr. Martin E.P.
feel the most authentic? Seligman. Thanks to my colleague Gretchen Pisano for
introducing me to the concept of creating a formula. )
VALUE: __________

© Paula Davis-Laack
Lawyer Well-Being Tool Kit / 49
 WORKSHEET # 3

Grow Your Gratitude

Contributed by: Anne Brafford, JD, MAPP, PhD in Progress
[email protected] | www.aspire.legal

B
ecause how you think about yourself and Appreciative Art
everything around you is more important to
your happiness than your actual objective Engage in something artistic to express your
circumstances, increasing your attention to all the gratitude to another. Draw or paint a picture, make
good things in your life can significantly enhance your a collage, sculpt with clay, etc. Or write a poem, a
happiness. Multiple studies have shown the positive song, or a story. Studies indicate that art-creation
power of gratitude (e.g., Emmons & McCullough, boosts mood (Dalebroux, Goldstein, & Winner, 2008).
2003; Lyubomirsky, Sheldon et al., 2005; Sheldon Evidence suggests that art-making that depicted
& Lyubomirsky, 2006). People who are consistently something happy was more effective at improving
grateful are happier; more energetic; and less short-term mood than using art to vent negative
depressed, anxious, and envious (Lyubomirsky, emotions (Dalebroux et al., 2008).
2008).
Evidence also indicates that a variety of different
Three Good Things art-making activities (e.g., drawing, painting,
collage-making, clay work, etc.) may reduce anxiety
One well-tested activity is to take time once a week (Sandmire, Gorham, Rankin & Grimm, 2012). So,
to write down three or more things for which you’re engaging in an appreciative art activity may give you
grateful. Studies have shown that people who do benefits both from artistic engagement and from your
this activity for six weeks markedly increase their grateful thinking.
happiness (Lyubomirsky, Sheldon et al., 2005). But
it’s also important to vary your gratitude activities so
that you don’t get bored. The good effects can wear
off if you do the same activity all the time. Below is a
list of different gratitude activities for you to try. Pick
one day each week to do your gratitude activity—
e.g., Thankful Thursdays. And then pick an activity.
Try one for three or more weeks and then switch to
another.

Gratitude Journal
Once a week, think about everything—large and
small—for which you are thankful (e.g., got called
on in class and was prepared, roommate made a
delicious dinner, tulips are blooming). Think about
things you’re good at, advantages you’ve had,
people who care about you and have touched your
life. Then pick three to five things and write a brief
note about them. Try out a gratitude journal website
or smart phone app (e.g., My Gratitude Journal by
Happytapper), which will send you regular reminders.

© Anne M. Brafford
Lawyer Well-Being Tool Kit / 50
 WORKSHEET # 3

Gratitude Photo Collage References

Taking and sharing “selfies” is popular, but try this Dalebroux, A., Goldstein, T. R., & Winner, E. (2008).
too: For a week, keep a look-out for every-day things Short-term mood repair through art-making: Positive
for which you’re grateful (e.g., your dog, a warm emotion is more effective than venting. Motivation
garage in winter, dinner with friends, your baby sister) and Emotion, 32, 288-295.
and take photos of them. At the end of the week,
Emmons, R. A., & McCullough, M. E. (2003).
post them all on your favorite social networking
Counting blessings versus burdens: An experimental
website with fun notes. Research shows that
investigation of gratitude and subjective well-
sharing good things with others (the more the better)
being in daily life. Journal of Personality and Social
actually increases your enjoyment of them (Gable &
Psychology, 84, 377-389.
Reis, 2004; Gable & Gosnell, 2011). So share your
photos with friends and explain why they represent Gable, S. L., Reis, H. T., Impett, E., & Asher, E. R.
something for which you’re grateful. (2004). What do you do when things go right? The
intrapersonal and interpersonal benefits of sharing
Gratitude Letter
positive events. Journal of Personality and Social
Think about the people for whom you feel grateful—a Psychology, 87, 228-245.
family member, old friends, a special teacher or
Gable, S. L. & Gosnell, C. L. (2011). The positive
coach, a good boss. Write a letter expressing your
side of close relationships. In K. M. Sheldon, T. B.
gratitude and, if you can, visit that person and read
Kashdan, & M. F. Steger (Eds.), Designing positive
it aloud or call them on the phone. Describe in detail
psychology: Taking stock and moving forward (pp.
what they did for you and how they affected your
265-279). New York: Oxford University Press.
life. You might even write a letter to people who are
helpful everyday but whom you don’t know—e.g., Lyubomirsky, S., Sheldon, K., & Schkade, D. (2005).
postal carrier, garbage removers, bus drivers, Pursuing happiness: The architecture of sustainable
politicians, authors. You might also choose to write a change. Review of General Psychology, 9, 111-131.
letter but then not deliver it.
Sheldon, K. M., & Lyubomirsky, S. (2006). How to
One study showed that participants who spent 15 increase and sustain positive emotion: The effects
minutes writing gratitude letters once a week over of expressing gratitude and visualizing best possible
an eight-week period became happier during and selves. The Journal of Positive Psychology, 1, 73-82.
after the study (Lyubomirsky, 2008). Check out this
fun video from Soul Pancake showing real-life results
from the gratitude letter activity.

Gratitude Jar
Designate a jar or other container as the Gratitude
Jar and invite others to drop notes in whenever
someone does something helpful. Then read the
notes aloud once a week. Use this activity with your
roommates, classmates, family, team members, work
colleagues—any group that spends significant time
together.

Lawyer Well-Being Tool Kit / 51

 WORKSHEET # 4

Do Acts of Kindness
Contributed by: Anne Brafford, JD, MAPP, PhD in Progress
[email protected] | www.aspire.legal

S
cientific studies have shown that doing acts Be Mindful
of kindness for others is not just helpful to
Do your kindness activities mindfully. Put yourself in
them, it’s also good for your own well-being
the other persons’ shoes and consider the impact
(Lyubomirsky, et al., 2005). There are a number
of your actions on their lives (Lyubomirsky, 2007).
of ways to maximize your happiness from acts of
kindness: Do Secret Acts
Bursts of Kindness Remember that acts of
kindness are not all about
People typically get a bigger
receiving approval and
boost to their happiness when
admiration. Consider doing at
they do a bunch of smaller acts
least one act of kindness per
of kindness or one big act of
week anonymously. Giving
kindness all on one day rather
for kindness’ sake can reap
than spread out over a week
tremendous rewards.
(Lyubomirsky, et al., 2005). So
consider adopting “Friendly Be Authentic
Fridays” (or whatever day of the
week you like) to shower those Acts of kindnesses can be big or
around you with kindness. small. What is important is that
they be a part of your kindness
You Choose intention. You’ll want to design
activities that feel authentic for you.
Your acts of kindness should be things you choose
and not too disruptive to your life (Della Porta, 2012). 44 Acts of Kindness to Do for Your
Bosses, Colleagues, Staff, & Clients
Aim for Variety & Novelty
“No act of kindness, no matter how small, is ever
Variety is important. Shake it up so that you don’t get
wasted.” —Aesop
bored. You’re more likely to sustain the benefits of
doing acts of kindness when you vary your activities 1. Offer to help them with a difficult project or meet
(Lyubomirsky & Layous, 2013). Also, your acts of a tight deadline.
kindness should be new and outside of your routine
activities. 2. Tell them why you appreciate them.

Keep a Kindness Journal 3. Be a cheerleader for their ideas.

Record your planned acts of kindnesses and reflect 4. Share your expertise with them.
on the experience. There’s evidence that counting 5. Do great work that’s ready to go and requires
your own acts of kindness contributes to increases in little more from them.
happiness (Otake et al., 2006).
6. Send them flowers.

© Anne M. Brafford
Lawyer Well-Being Tool Kit / 52
 WORKSHEET # 4

7. Bring their favorite kind of coffee from their 29. Give them a “care package” when they’re
favorite coffee shop. preparing for trial, participating in a deal closing,
etc.
8. Assume their good intentions.
30. Send them greeting cards on holidays.
9. Make sure they know why their work matters and
how it benefits others. 31. Notice and note their progress on something
important to them.
10. Admit to them when you’re wrong.
32. Compliment a good presentation, high-quality
11. Invite them to lunch. meeting, contribution on a call.
12. Put your phone away when you’re with them. 33. When you open your inbox each day, make the
13. Tell them thank you. first email you write a compliment, note of support
or appreciation, or other positive jolt.
14. Cheer them up after disappointments.

15. Write, make, or buy something to provide

encouragement when they’re experiencing
difficulties.

16. Praise them to others.

17. Really be present and listen to them without

interrupting.

18. Learn something new about them.

19. Look for opportunities to make helpful

introductions.

20. Celebrate their accomplishments. 34. Sneak into their offices and leave them candy or
other treats.
21. Help them before they ask.
35. Get to know them as people, remember the
22. If they’re overwhelmed with personal or work
details, and follow up on them.
challenges, ask if you can help in some way.
36. Don’t gossip or talk negatively about them.
23. Forward articles that may interest them.
37. Make them laugh.
24. Allow them to help you.
38. Celebrate their birthdays by making them cards
25. Pass along useful information.
and a cake.
26. Buy them a book that you know they’ll love.
39. If they blog or publish online, read, comment,
27. Leave positive sticky notes on their computers. circulate, and encourage others to do the same.

28. Scout for reasons to compliment them. Shoot for 40. Create a spreadsheet that includes their likes
three people a day. (e.g., simple things like favorite candy, favorite
drink, favorite snack, etc.) and use it regularly.

Lawyer Well-Being Tool Kit / 53

 WORKSHEET # 4

41. Share credit with them. ideas about using those strengths at work.

42. Learn and use their names. • Discuss their goals and how you can support
them.
43. Start meetings by inviting them to share “what’s
going well”?

44. Be their “wing man.” Find out their strengths and References
accomplishments and share them with others
at conferences, meetings, networking events, Della Porta, M. D. (2013). Enhancing the effects of
retreats, etc. happiness-boosting activities: The role of autonomy
support in an experimental longitudinal intervention.
Pay Special Attention to Newcomers Dissertation Abstracts International: Section B: The
Sciences and Engineering, Order No. AAI3518646,
Getting started as a new lawyer or even starting at a Retrieved from http://search.proquest.com/
new place of work is stressful, so try to pay special docview/1426228539?accountid=14707.
attention to newcomers when doling at your acts of
kindness: Lyubomirsky, S. & Layous, K. (2013). How do simple
positive activities increase well-being? Current
• Invite them to networking events and “shepherd” Directions in Psychological Science, 22(1), 57-62.
them through.
Lyubomirsky, S., Sheldon, K. M., & Schkade, D.
• Recommend professional associations for them (2005). Pursuing happiness: The architecture of
to join. sustainable change. Review of General Psychology,
• Drop by their offices and say hello. 9, 111-131.

• Make introductions—to peers, staff, leaders, Lyubomirsky, S. (2007). The how of happiness: A
clients, insiders, etc. new approach to getting the life you want. New York:
Penguin Press.
• Invite them to attend hearings, meetings, etc. with
you. Otake, K., Shimai, S., Tanaka-Matsumi, J., Otsui,
K., Fredrickson, B. (2006). Happy people become
• Offer to observe them in a hearing, deposition, happier through kindness: A counting kindnesses
call, etc., and provide feedback. intervention. Journal of Happiness Studies, 7, 361-
375.
• Mentor them.

• Give guidance on developing their reputation.

• Help them learn the firm’s “political” ropes.

• Praise them to higher-ups and insiders.

• Leave a “welcome” greeting card signed by

everyone on the team/department/office.

• Tell them all the great reasons they were hired.

• Leave a note saying, “We’re glad you’re here!”

• Take a strengths assessment together and share

Lawyer Well-Being Tool Kit / 54

WORKSHEET # 5

Psychological Capital: Build Your

Mental Strength & Flexibility
Martha Knudson, JD, MAPP
www.linkedin.com/in/martha-knudson | [email protected]

P
sychological Capital (PsyCap) – the powerful This worksheet will help you build each PsyCap
combination of our resilience, optimism, capacity by having you work through a real-life
hope, and confidence – helps us to keep adversity. You will identify new ways to look at your
our competitive edge while managing the stress of issue and challenge basic assumptions you might
lawyering. Research links have about your ability to
high levels of PsyCap with
E • C O N FI D E N overcome it. Then, you will
better job performance, a
O P CE take an inventory of the
greater ability to overcome H resources you have to help
M•

obstacles, higher job you successfully resolve the

satisfaction, and elevated problem and use your critical
• O PTIMIS

well-being (Avey, Reichard, thinking skills to see if you’ve

Luthans, & Mhatre, 2011; overlooked anything. Finally,
Luthans, Youssef-Morgan, you will set a S.M.A.R.T.
& Avolio, 2015). goal, devise multiple ways to
reach it, and anticipate ways
CE

PsyCap can be thought to overcome any obstacles

N

of as positive mental to your success.

I E

strength and flexibility.

IL S

It can be developed by RE
building these four mental STEP 1:
capacities:
Describe a challenging
• Resilience: Being able to cope, sustain, and situation that is not going as well as you
bounce back to attain success when challenge would like.
strikes.

• Optimism: Having a positive expectation about STEP 2:

your ability to meet challenges and succeed now
and in the future. Reflect on your mindset.

• Hope: Having the ambition to persevere toward Take a minute to understand the nature of your
goals and, when necessary, to change direction mindset when the situation first occurred, and you
to reach goals in order to succeed. initially assessed the risk. How did you respond?
Were you energized and ready to rise to the
• Confidence (or Self-efficacy): Having the belief challenge? Or, were you overwhelmed? Defeated?
you can successfully take on and put in the Something else?
necessary effort to succeed at challenging tasks.

While each of these capacities individually

contributes to our positive mental strength, when
combined and used together they become stronger
than the sum of their parts.
© Martha Knudson
Lawyer Well-Being Tool Kit / 55
WORKSHEET # 5

STEP 3: STEP 6:
Frame the situation again in terms of its Identify multiple ways to goal
actual impact. accomplishment.
A. What is the real risk? Is this risk something in or A. Write down all the paths you can think of that
out of your control? What are your options? Is could realistically lead you to reaching your goal.
it possible your initial mindset colored your first
B. For each path make a list of the skills and
assessment?
resources you will need.
B. Are there any different ways to look at the
situation that will allow you more options or
STEP 7:
control over your success? [Note: if you get
stuck, it can help to get a colleague’s viewpoint. Identify and plan ways to overcome potential
They might see it differently than you.] obstacles.
A. List the obstacles that could get in the way of
STEP 4: each path you identified in Step 6.
Identify helpful skills and resources. [Note: B. List how you can deal with each of these
these can include your knowledge, work ethic, obstacles. Are there ways around them? Be
legal skills, colleague networks, ideas from others, specific.
finances, creativity, past experience, and the like.]

A. List the skills and resources you have used to STEP 8:

respond to the challenge.
Take time to visualize your success.
B. Are there other resources available you haven’t
considered? Set aside 10 minutes every day to think through the
steps of this worksheet and visualize your success.
Really get into it. See each step with as much
STEP 5: detail as possible. Imagine using your resources to
Set a goal that is directly related to navigate the different paths toward your goal with
you confidently getting around any obstacles in your
overcoming your challenge.
way. Then, visualize yourself reaching your goal and
A. Write down your goal using S.M.A.R.T. criteria – imagine celebrating your win!
Specific, Measurable, Attainable, Relevant, and
Timely. [Note: pick a goal you want to achieve
rather than avoid.] References
B. Break your goal into manageable small steps and Avey, J. B., Luthans, F., & Jensen, S. M. (2009).
list them in sequential order. Psychological Capital: A positive resource for
combating employee stress and turnover. Human
Resource Management, 48(5), 677-693.

Lawyer Well-Being Tool Kit / 56

WORKSHEET # 5

Avey, J. B., Reichard, R. J., Luthans, F., & Mhatre,

K. H. (2011). Meta-analysis of the impact of positive RESOURCES
psychological capital on employee attitudes,
Contributed by Anne Brafford
behaviors, and performance. Human Resource
Development Quarterly, 22(2), 127-152. Reading Recommendations
Knudson, M. (Publication pending). Psychological • Martha Knudson, Building Attorney
Capital & Lawyer Success, In S. Levine (Ed.), Resources: Helping New Lawyers Succeed
Through Psychological Capital
The Best Lawyer You Can Be (compilation of
chapters on lawyer well-being from multiple • Fred Luthans, Carolyn M. Youssef-Morgan,
authors), forthcoming Winter 2018. & Bruce J. Avolio, Psychological Capital and
Beyond
Knudson, M. (2015). Building attorney resources:
Helping new lawyers succeed through psychological • Martin Seligman, Learned Optimism
capital. Available from The University of
Pennsylvania Scholarly Commons database. • Karen Reivich & Andrew Shatte, The
Resilience Factor
Luthans, F., Youssef-Morgan, C. M., & Avolio, B. J.
(2015). Psychological capital and beyond. New York: • Shirzad Chamine, Positive Intelligence: Why
Oxford University Press. Only 20% of Teams and Individuals Achieve
Their True Potential
Maddux, J. E. (2009). Self-efficacy: The power of
believing you can. In S. J. Lopez & C. R. Snyder • Russ Harris & Steven Hayes, The Confidence
(Eds.), Oxford handbook of positive psychology, 2nd Gap: A Guide to Overcoming Fear & Self-
edition (pp. 335-343). New York: Oxford University Doubt
Press.
• Louisa Jewell, Wire Your Brain for
Rand, K. L., & Cheavens, J. S. (2009). Hope Theory. Confidence: The Science of Conquering Self-
In S. J. Lopez & C. R. Snyder (Eds.), Oxford Doubt
handbook of positive psychology, 2nd edition (pp.
• Katty Kay & Claire Shipman, The Confidence
323-333). New York: Oxford University Press.
Code: The Science and Art of Self-
Youssef, C. M., & Luthans, F. (2007). Positive Assurance--What Women Should Know
organizational behavior in the workplace: The
• Amy Cuddy, Presence: Bringing Your Boldest
impact of hope, optimism, and resilience. Journal of
Self To Your Biggest Challenges
Management, 33(5), 774-800.
• Carol S. Dweck, Mindset: The New
Psychology of Success

• Cary Cooper, Jill Flint-Taylor, & Michael

Pearn, Building Resilience for Success: A
Resources for Managers and Organization

Lawyer Well-Being Tool Kit / 57

 WORKSHEET # 6

Reframe Stress & Adversity

Contributed by: Paula Davis-Laack, JD, MAPP
www.pauladavislaack.com | [email protected]

L
awyers spend years learning, and then STEP 2: LIST…
practicing how to “think like a lawyer.”
Professionally, lawyers are responsible for The aspects of the situation you can control or
doing all of the due diligence in a matter, analyzing influence:
what could go wrong in a situation and steering their
_______________________________________________
clients away from negative impact. That’s important
when lawyers are engaged in the practice of law; _______________________________________________
however, when lawyers practice looking at issues
through such a pessimistic, rigid lens 12-14 hours _______________________________________________
a day, that thinking style becomes harder to turn _______________________________________________
off when it’s not needed. Ultimately, it can undercut
leadership capabilities, interactions with clients, ______________________________________________
colleagues, and family and cloud the way life is
______________________________________________
viewed generally.
______________________________________________
This skill will help you think more flexibly about
stressful situations. ______________________________________________

______________________________________________

The aspects of the situation you can’t control or

need to accept:

________________________________________________

________________________________________________

________________________________________________

________________________________________________

________________________________________________
STEP 1:
________________________________________________
Think of a situation you are struggling with or
frustrated about, and write it in the space below: ________________________________________________

_______________________________________________ ________________________________________________

_______________________________________________ ________________________________________________

_______________________________________________ ________________________________________________

_______________________________________________ ________________________________________________

© Paula Davis-Laack
Lawyer Well-Being Tool Kit / 58
 WORKSHEET # 6

The specific action steps you can take to make the

situation better: RESOURCES
________________________________________________ Contributed by Anne Brafford
________________________________________________ Book Recommendations
________________________________________________ • Martin Seligman, Learned Optimism
________________________________________________ • Karen Reivich & Andrew Shatte, The
_______________________________________________ Resilience Factor

________________________________________________ • Shirzad Chamine, Positive Intelligence: Why

Only 20% of Teams and Individuals Achieve
________________________________________________ Their True Potential

(Based on the work of Drs. Martin Seligman, Karen • Kelly McGonigal, The Upside of Stress
Reivich, & colleagues).
Videos

• Kelly McGonigal, How to make stress your

friend (www.TED.com)

Web Resources

• www.happify.com

• www.superbetter.com

• Mood Gym is a subscription-based online

application created by academics to teach
cognitive reframing—a key to mental health
and resilience.

Smart Phone Apps

• A growing number of smart phone apps

are available to teach cognitive reframing
and other psychological tools to manage
stress and reduce depression and anxiety.
Examples include Pacifica, Betterhelp, and
Ginger.io.

Lawyer Well-Being Tool Kit / 59

WORKSHEET # 7

Practice Mindfulness to Boost

Well-Being & Performance
Contributed by: Jon Krop, JD
www.mindfulnessforlawyers.com | [email protected]

M
editation has become enormously popular, instructions on meditation posture, see this video.
and with good reason: it’s great for you.
2. Find your anchor: Bring your attention to the
Research shows that meditation can reduce
sensation of air passing through your nostrils as you
stress and anxiety [1], increase resilience and well-
breathe. That sensation will help anchor you in the
being [2], develop emotional intelligence [3], boost
present moment.
focus [4], enhance cognitive flexibility [5], and
improve physical health [6]. 3. Rest attention on the anchor: Rest your attention
on the breath at the nostrils. Form the gentle intention
Meditation: Why & How
simply to observe the flow of sensation at that spot.
Here’s one way to understand meditation: It is the As you do this, there’s no need to deliberately control
practice of learning to stay in the present moment your breath. If the rhythm of your breath changes on
and out of our heads. We spend so much time its own, that’s fine.
wrapped up in worries, fears, plans, and memories.
4. When the attention wanders, notice that and
When we untangle ourselves from those mental
return: Eventually, you’ll get distracted. Not only is
stories and rest in the present moment, we discover
that okay, it’s supposed to happen. Just notice that
a refreshing calm and simplicity. The simple, present-
the attention has wandered and then gently escort
moment awareness we cultivate through meditation
it back to the breath at the nostrils — back to the
has a name you may have heard before: mindfulness.
present.
Here’s a simple, powerful meditation technique you
Some final thoughts on meditation:
can try (a video version available here):
Meditation is often soothing and enjoyable... but not
1. Sit down: Find a comfortable seated posture that
always. Like most things worth doing, meditation
lets you maintain a straight, unsupported spine. The
will sometimes challenge you. It can be agitating
simplest way is to sit in a chair, with both feet on the
or uncomfortable on occasion. It can even stir up
floor and your hands on your thighs. For detailed

© Jon Krop
Lawyer Well-Being Tool Kit / 60
 WORKSHEET # 7

difficult thoughts, emotions, or memories. These 2. Turn toward your body.

experiences are a normal part of the process and are
actually useful learning opportunities. I hope you’ll Turn your attention toward the sensations in your
embrace the challenge and growth it brings. body. Whatever comes up, just notice it: warmth,
pressure, itching, tickling, aching, etc. There’s no
One last tip: Meditating regularly is more important need to evaluate the sensations as “good” or “bad.”
than sitting for a long time. Even a few minutes a Itching is just itching. Coolness is just coolness.
day can bring real benefits. The Tibetan meditation
masters say, “Short sessions, many times.” If you notice sensations that seem related to anxiety,
those are particularly good to turn toward. You’re
Mindfulness & Anxiety developing the skill of observing those sensations
without resisting, condemning, or judging them.
Anxiety isn’t fun, but it’s totally normal — everyone
experiences it. Luckily, there are simple ways to This step can be as quick as one in-breath or out-
work with anxiety so that it’s less of a problem. To breath.
use these strategies effectively, it’s helpful first to
understand how anxiety arises and grows. 3. Rest your attention on your breath.

The root of anxiety is avoidance. We feed anxiety Pay attention to the sensation of air passing through
whenever we avoid uncomfortable feelings, your nostrils as you breathe. This is the same
thoughts, and situations [7]. Because anxiety is technique as the meditation practice we explored
itself uncomfortable, we avoid it when it appears, earlier.
which makes the anxiety worse, which triggers more Just like the previous step, this step needn’t take
avoidance, and so on. It’s a vicious circle. longer than one in-breath or one out-breath.
However, there’s good news: avoidance is a reflex we 4. Carry on with your life!
can unlearn. Through mindfulness practice, we can
experience discomfort without fighting or flinching The last step of the mindful pause is simply to re-
away. In doing so, we deprive anxiety of its fuel engage with the world, without hurry. Don’t lunge for
source. your phone or speed off to your next activity. Move at
a leisurely pace.
Here are some mindfulness practices that can help
when you’re feeling anxious: Floating Noting

The Mindful Pause Like the Mindful Pause, floating noting works by
helping you turn toward your present-moment
This technique takes about 30 seconds. You can do experience instead of avoiding it. However, it’s a bit
it sitting, standing, or lying down. Your eyes can be more comprehensive and less bite-sized. Once again,
open or closed. The practice is quick and discreet, so you don’t need to adopt a special posture or even
you can do it almost anywhere. It has four steps: find a quiet place. Here’s how you do it:
(Video version available here.) (Video version available here.)
1. Take a deep breath. • Let your attention float freely. As your attention
Take a slow inhale and exhale. Fill your lungs all the drifts, various sights, sounds, sensations, and
way, but really take your time doing it. thoughts may grab your attention and take center
stage in your awareness.

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• As this happens, just (1) notice whatever stands

out in awareness and (2) give it a light mental
label.

• To keep the labeling simple, we’ll use

categories: “seeing” for sights, “hearing” for
sounds, “feeling” for physical sensations, and
“thinking” for anything that arises in the mind.

• As new objects arise in awareness, just

continue noting whatever is most prominent.

Let’s say the sound of a passing car draws your

attention. You just label the experience “hearing.”
Then a thought arises — maybe something about a
client matter you’re working on. Instead of getting
caught up in the thought, you label it “thinking.”
The thought then triggers a hollow sensation in your References
stomach, which you label “feeling.”
1. Goyal, M., Singh, S., Sibinga, E. M., & Gould, N. F.,
Even difficult experiences become less overwhelming et al. (2014). Meditation programs for psychological
when you break them down in this way. An anxious stress and well-being: A systematic review and
sensation or a worried thought is less of a problem meta-analysis. JAMA internal medicine, 174(3),
when you just notice it, label it, and move on. 357-368; Chen, K. W., Berger, C. C., Manheimer,
E., Forde, D., Magidson, J., Dachman, L., & Lejuez,
Here are a few practice tips:
C. W. (2012). Meditative Therapies for Reducing
• Find a nice, steady rhythm for your noting. Anxiety: A Systematic Review and Meta-Analysis
Personally, I find that noting once every couple of Randomized Controlled Trials. Depression
of seconds feels good. I advise against noting and Anxiety, 29(7), 545–562; Hofmann, S. G.,
more quickly than that. Fast noting can produce Sawyer, A. T., Witt, A. A., & Oh, D. (2010). The
unpleasant side effects and is best done under a effect of mindfulness-based therapy on anxiety
teacher’s supervision. and depression: A meta-analytic review. Journal of
consulting and clinical psychology, 78(2), 169.
• If you’re somewhere private, you can note out
loud. It helps you stay focused and present. It can 2. Bajaj, B., & Pande, N. (2016). Mediating role
even bring you into a pleasant sort of “flow state.” of resilience in the impact of mindfulness on life
satisfaction and affect as indices of subjective well-
• If the same object stands out in your awareness being. Personality and Individual Differences, 93,
for a while, just keep noting it: “hearing… 63-67; Campos, D., Cebolla, A., Quero, S., Bretón-
hearing… hearing…” López, J., Botella, C., Soler, J. ... & Baños, R. M.
(2016). Meditation and happiness: Mindfulness
• If multiple objects stand out at once, and you
and self-compassion may mediate the meditation–
don’t know which one to label, just pick one.
happiness relationship. Personality and Individual
• If you have no idea what to label in a given Differences, 93, 80-85; Addley, E. (2015, May 29).
moment, you can just notice that uncertainty and Planet’s happiest human – and his app. Retrieved
label it “don’t know.” from http://www.theguardian.com/world/2015/

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may/29/planets-happiest-human-and-his-app; 7. Forsyth, J. P., & Eifert, G. H. (2007). The

Klimecki, O. M., Leiberg, S., Lamm, C., & Singer, T. Mindfulness & Acceptance Workbook for Anxiety:
(2012). Functional neural plasticity and associated A Guide to Breaking Free from Anxiety, Phobias &
changes in positive affect after compassion training. Worry Using Acceptance & Commitment Therapy
Cerebral cortex, bhs142. [Kindle]. Oakland, CA: New Harbinger Publications.

3. Bao, X., Xue, S., & Kong, F. (2015). Dispositional

mindfulness and perceived stress: The role of
emotional intelligence. Personality and Individual
Differences, 78, 48-52; Farb, N. A., Anderson, A.
K., Irving, J. A., & Segal, Z. V. (2014). Mindfulness
interventions and emotion regulation. Handbook of
RESOURCES
emotion regulation, 548-567; Mascaro, J. S., Rilling, Contributed by Anne Brafford
J. K., Negi, L. T., & Raison, C. L. (2013). Compassion
meditation enhances empathic accuracy and Book Recommendations
related neural activity. Social Cognitive and Affective
• Jeena Cho & Karen Gifford: The Anxious
Neuroscience, 8(1), 48–55.
Lawyer: An 8-Week Guide to a Happier,
4. Friese, M., Messner, C., & Schaffner, Y. (2012). Saner Law Practice Using Meditation
Mindfulness meditation counteracts self-control
• Rick Hanson, Buddha’s Brain
depletion. Consciousness and Cognition, 21(2),
1016–1022; Zeidan, F., Johnson, S. K., Diamond, B. • Daniel Goleman & Richard Davidson, Altered
J., David, Z., & Goolkasian, P. (2010). Mindfulness Traits: Science Reveal How Meditation
meditation improves cognition: Evidence of brief Changes Your Mind, Brain, & Body
mental training. Consciousness and Cognition, 19(2),
597–605. • Cal Newport: Deep Work

5. Colzato, L. S., Szapora, A., & Hommel, B. (2012). Videos

Meditate to create: the impact of focused-attention • Andy Puddicombe, All It Takes Is 10 Mindful
and open-monitoring training on convergent and Minutes (www.TED.com)
divergent thinking. Frontiers in psychology, 3, 116;
Greenberg, J., Reiner, K., & Meiran, N. (2012). “Mind Web Resources
the trap”: mindfulness practice reduces cognitive
• Mindfulness-Based Stress Reduction (MBSR)
rigidity. PloS one, 7(5), e36206.
is a well-established, meditation-based stress
6. Stahl, J. E., Dossett, M. L., LaJoie, A. S., management program developed by Prof.
Denninger, J. W., Mehta, D. H., Goldman, R., … Jon Kabat Zinn. MBSR resources are widely-
Benson, H. (2015). Relaxation Response and available and some can be found here.
Resiliency Training and Its Effect on Healthcare
Smart Phone Apps
Resource Utilization. PLoS ONE, 10(10), e0140212.
http://doi.org/10.1371/journal.pone.0140212; • Headspace: Among the most popular
Hughes, J. W., Fresco, D. M., Myerscough, R., meditation apps.
van Dulmen, M., Carlson, L. E., & Josephson, R.
(2013). Randomized Controlled Trial of Mindfulness- • 10% Happier: Meditation for Fidgety
based Stress Reduction for Prehypertension. Skeptics. A popular meditation app.
Psychosomatic Medicine, 75(8), 10.1097/
PSY.0b013e3182a34e5.

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The Emotionally Intelligent Path To Well-Being

Contributed by Ronda Muir, JD
[email protected] | Law People Management LLC

Raising Awareness of Emotions effort at raising your emotional awareness by

A
following some of these suggestions.
lack of awareness of emotions (our own and
others’) is on average the greatest emotional 3. Chart Your Emotions. The Yale Center for
intelligence (EI) deficit in lawyers. Emotional Emotional Intelligence recommends making a chart
awareness gives us the data we need to spot and on a regular basis of how you feel. The Yale Mood
then solve emotional problems which if unaddressed Meter app--which features a four-quadrant chart
can sabotage our productivity and our mental and with two axes: energy and pleasantness--can be
physical health. downloaded to easily record your
feelings.
Here are some suggestions
aimed at helping us gain You can set your phone to alarm
greater awareness of emotions. on whatever schedule you prefer—
Remember that changing an every hour, every meal, or once or
old habit or establishing a twice a day—and record where in
new one usually takes at least the four quadrants your mood at
three weeks of hard work, that moment fits, creating a visual
and sometimes longer, so map of your moods for that day,
don’t despair if you don’t see week, and month. The point is not
immediate results. Persistence to change or like your moods, but
will pay off. to faithfully become aware of what
you feel on those two dimensions.
1. Take an EI Assessment. A number of EI
assessments can give you good information about 4. Build Your Emotional Vocabulary. As you check
your personal strengths and challenges. The major in with your emotions, try to be more specific about
ones, such as the MSCEIT, EQi 2.0, and ECSI, take what you’re feeling so you can build a more extensive
approximately 40 minutes to complete, charge a fee, vocabulary. After placing the emotion within one of
and often include professional feedback to help you the four quadrants mentioned above, then identify its
understand your results. While there are plenty of free degree of intensity—slight to severe, and give that
assessments, and some may give you some useful feeling a more nuanced name, like melancholy or
information, for the most part they are not reliable annoyance instead of sadness, contentment or joy
indicators of your emotional intelligence. instead of pleasantness.

2. Profit from Performance and Client Reviews. 5. Pay Attention to Your Body. Paying attention
These are ideal venues to better understand how well to your body goes hand-in-hand with building your
others think you handle your own emotions and how vocabulary. Identifying the physical sensations that
well you read others’ emotional cues. Remember that go along with whatever you are feeling can help
perception is reality. Regardless of your intentions, distinguish emotions. Are you hot or cold, tense or
if others are misunderstanding your reactions or you relaxed? Do you have sensations in your head or
are misunderstanding theirs, it’s time for a concerted your chest? As an example, you might recognize

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that “This feels disturbing, a little hot and makes me 1. Ask. Here’s a low-tech suggestion: if you’re not
feel somewhat aggressive and energized but doesn’t sure what emotion another person is experiencing,
make me lose control. This might be the feeling of ask! You can say “it looks like you are [insert emotion
frustration.” here—angry, pleased, defiant, etc.]; is that correct?”
or you can simply ask what/how he or she is feeling.
6. Get a Coach, Mentor or EI Buddy. Coaching
and mentoring are two reliable, institutional, and 2. Train Yourself. Paul Ekman found we can
interactive methods that legal workplaces often improve our ability to recognize other’s emotions by
employ that can help raise your emotional awareness, systematically studying facial expressions and has
and which you can arrange even if your firm or produced a number of training programs to help train
department doesn’t offer them. how to read various facial cues in different settings.

Even if you don’t have access to, or the time/money/ 3. Take the Silent Route. Watching movies on mute
patience for, a mentoring or coaching relationship, (a good way to spend time on an airplane) is an
find a “high EI buddy”--preferably someone who excellent method to build your emotion reading skills.
knows your workplace and/or the players involved Try to understand the action by the facial expressions
or works in a similar environment and whose and body language—you can turn on the sound
interpersonal skills you admire--to see if he or she periodically to verify or redirect your take.
agrees on your take on your own emotions or your
reading of others’ emotional cues. The person could 4. Mimic Facial Expressions. Our mirror neurons
be your spouse, your relative, a friend, or a colleague. can convey to us the feelings of someone else by our
Ideally, this is someone who often sees things replicating their outward expressions. If contorting
differently than you do and also seems to move in your face in a meeting is a no-go, at least think
and out of difficult situations with aplomb. Describe consciously about their specific expressions in trying
a situation and ask for his or her assessment of what to understand what they feel.
the various players’ body language, words and tones 5. Play A Videogame. The GSL Studios game
might mean, and how best to proceed. Crystals of Kaydor could help your child or the child
7. Practice Mindfulness. Practicing mindfulness in you develop skill in reading nonverbal emotional
allows us to make enough room mentally to detach cues. In it, an advanced robot that crash lands on
from our emotions long enough to identify them. an alien planet helps the natives solve problems by
It also gives us a short “vacation” from the stress interpreting their body language and nonverbal cues.
of emotional turmoil so we can hopefully view our Raising Emotional Management
emotional landscape from a refreshed vantage point.
Learning to recognize emotional signals will give
8. Try a Screen Vacation. Research indicates that you a major leg up in the emotional management
putting away the devices for even a few days and trenches, where most problem solving resides. Once
interacting socially with others can significantly raise you register the emotions at play, you don’t want
your emotional perception skills. to automatically default to old emotional regulation
Learning to Register Others’ Emotions strategies—like suppression and rumination, which
are common to lawyers—that are not constructive
Although all the above suggestions can help fine- and can even be counterproductive.
tune your awareness of others’ emotions as well as
your own, these suggestions specifically help to more Here are some suggestions to improve how you
accurately read others’ emotional cues. manage your emotions.

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1. Take a Deep Breath. Daniel Goleman heralds the mindfulness allows us to learn how to slow ourselves
importance of signaling a slowdown to your brain down from automatically reacting and give ourselves
and your body by taking a deep oxygen-filled breath time to choose better responses.
before taking any important actions.
7. Download a Game or an App. The GLS Studios
2. Accept Your Thoughts and Emotions. game Tenacity focuses on learning self-regulation by
Acceptance does not mean resigning yourself to maintaining attention and calm when serene scenes
negativity but responding to your emotions with are bombarded with various distractions—a plane
an open attitude—letting yourself experience them flying by, animals running past. Stanford University’s
without jumping to behavioral conclusions, a danger Calming Technology Lab is developing devices that
for those of us high in a sense of urgency. This help you respond to strong emotions, such as a belt
acceptance can bring relief, but it won’t necessarily that can detect breathing and connects to an app
make you feel good. In fact, you may realize just how that helps calm you when you’re feeling emotionally
upset you really are. It is still a good place to start out of control.
in order to achieve better emotional and behavioral
management.

3. Count Yourself Down. It’s true what your mother

said—sometimes simply counting to ten works well
to clear your mind for a better emotional response.
It allows time for the rational brain to engage and
survey the situation. Consciously asking questions
or attempting to analyze the problem can also delay
and help redirect a habitual emotional response to a
more rationally engaged one.

4. Walk It Off. Taking a walk outdoors has been

demonstrated to improve mental functioning and
positive well-being, and is a particularly good
antidote to brooding, rumination, and depression.
But the walk has to be outside in a natural setting,
not on asphalt in an urban setting.
Legal Employers’ Checklist For Raising
5. Change Your Self-Talk. How we talk to ourselves Emotional Intelligence
can also help us manage our emotions. Telling
; Include emotional intelligence (EI)
ourselves repetitively our angry aggravations or
assessments either before or after hiring.
negative predictions will not help us make good
These can be full blown EI assessments or, what
emotional management decisions. Reframing our
is more likely at least in applications, questions
internal dialogue away from entrenched pessimism
that can elicit an applicant’s EI skills, like the
is a way to build a new response. Get in the habit
questions Dartmouth College’s Tufts School
of marshaling credible counterarguments against
of Business has added to its applications and
that internal voice predicting doom and gloom and
recommendations asking about a student’s
blaming it all on you.
ability to interact well with others in challenging
6. Practice Mindfulness Meditation. In addition circumstances. Assessments given after hiring
to helping us identify our emotions, practicing can help guide young lawyers to their most

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 WORKSHEET # 8

successful position and give them a base against

which to measure improvements.

; Offer well-educated mentors, coaches and/

or confidential counselors. To achieve their
best performance, lawyers need to be keenly
aware of how they come off to their clients and
colleagues and also how to handle professional
challenges. Well-educated mentors and/or
professional coaches and counselors who have
the confidence of their charges, can listen well
and can give honest but sensitive and confidential
advice will make valuable improvements in your
organization’s performance.

; Provide EI development as part of your

professional development programs. Emotional
intelligence is unquestionably trainable, and
lawyers--in a highly personal service industry
where they regularly face severe stress--can
benefit from better understanding their own and
others’ emotions. That understanding will improve
their client service skills and their personal
functioning.

; Add specific EI-related features to

performance reviews. Including discussions in
performance reviews of collegiality, collaboration
and teamwork helps spotlight their importance
and promotes developing those skills.

; Reward EI skills. Show that you go beyond

simple lip service to valuing EI skills by giving
recognition, promotions and bonuses to high
achievers.

References
Muir, R. (2017). Beyond smart: Lawyering with
Emotional Intelligence. Chicago, IL: American Bar
Association.

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Take Charge of Your Well-Being With Confidence

Contributed by: Louisa Jewell, MAPP Excerpt from Wire Your Brain for Confidence:
[email protected] | www.louisajewell.com The Science of Conquering Self-Doubt

I
s there something in your life you would really like past, you will quickly shift into believing you can do
to do next, but you are not feeling confident about it again. If you haven’t done exactly the same thing,
it, so you avoid it? Do you have something coming contemplate similar parts of the experience that you
up in your life that you are anxious about, and you mastered in the past. (For example, many years ago,
want to raise your level of confidence about it? Next I was asked to deliver my first ever keynote address.
time you are feeling particularly low in confidence I had already delivered numerous workshops, but
about something you need to undertake, ask yourself never a keynote. I was not feeling confident about it.
these questions. (Or ask a trusted colleague to ask
you them.) These questions are helpful when helping
others boost their confidence too.

First, recall a time when you were successful at

doing that particular thing in the past (or doing
something similar). Then ask yourself: What was key
to my success? What did I do then that made me
successful? How did I manage to do that? What is
one thing I did then that I am not doing now?

1. Considering what I am embarking on now, what is

already going well? What small successes have I
had so far?

2. How can I do more of what is already going well?

After asking myself the questions above, I realized
3. How have I managed to get this far? that I had actually mastered many keynote skills in
all my years of workshop delivery. Taking the leap to
4. What does that tell me about myself?
keynote deliveries no longer seemed as daunting.
5. What have I done in the past that might help me I worked on the gaps to improve my skills and my
now? confidence shot up again.)

6. What personal qualities and strengths do I have The other questions also get you thinking about
that will help me be successful? the progress you have already made with this
accomplishment, rather than your shortcomings. This
7. What ideas do I have for solving this? gets you thinking about everything that is already
8. Who can help me with this? working in your favor, and you will experience a
boost in confidence. Once you have asked yourself
9. Who would have a different perspective on this? the questions above and are feeling a shift in your
confidence, ask yourself this important question:
Take some time with these questions and try to
What is one small step I can take to get myself closer
recall your past experiences. When you realize you
to my goal? Commit to taking that step.
have done this same endeavor successfully in the

© Louisa Jewell
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 WORKSHEET # 10

Use Your Strengths

Contributed by: Anne Brafford, JD, MAPP, PhD in Progress
[email protected] | www.aspire.legal

T
o get started on this activity, you’ll first need to Character strengths are stable, universal personality
identify your strengths by taking the values in traits that show themselves in how you think, feel,
action (VIA) Survey. The VIA Survey measures and behave. They are considered to be the basic
24 character strengths. The results are simply a building blocks of human flourishing. They are not
rank order of your own strengths. Your results are fixed; they can be developed. Most people likely can
not compared to others. Also, the survey doesn’t enhance their capacity for expressing each of the 24
measure which strengths you value the most; it character strengths.
measures the strengths that you report as most often
“Signature strengths” are your top character
showing up in your actions and thoughts. It’s an
strengths that really resonate with you and feel like
effective way to identify your own strengths, which
they are at the core of who you are (Peterson, 2006).
you then can use to spur your thinking about how
to use those strengths more and in new ways to
improve your and others’ happiness.

The VIA is based on the VIA Classification, which

resulted from an extensive 3-year research project.
Researchers explored the best thinking from all over
the world on virtue and positive human qualities
in philosophy, virtue ethics, moral education,
psychology, and theology over the past 2500 years.

VIA Classifications
Six core themes emerged, which were found across Interpreting the VIA Report
religions, cultures, nations, and belief systems. These
“virtues” were subdivided into 24 universal character • The VIA report is about your strengths. It doesn’t
strengths: measure weaknesses or problems. So, lower
strengths still are strengths.
Wisdom: Creativity, curiosity, judgment/open-
mindedness, love of learning, & perspective • The VIA Survey measures your view of yourself,
not facts about your character. The results are
Courage: Bravery, perseverance, honesty
broad brushstrokes. So don’t sweat the details.
Justice: Teamwork, fairness, & leadership
Why Use Your Signature Strengths?
Humanity: Love, kindness, & social intelligence
Studies show that using your signature strengths
Temperance: Forgiveness, humility, prudence, & self- more or in new ways can improve well-being.
regulation
• Regularly using strengths is linked to work
Transcendence: Appreciation of beauty & satisfaction and engagement at work, lower
excellence, gratitude, hope, humor, spirituality, & zest turnover, greater psychological well-being, less
stress, goal achievement, and lower depression
levels as much as 6 months after participating

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 WORKSHEET # 10

in a strengths-based exercise (Biswas-Diener, Identify Your Signature Strengths

Kashdan, & Gurpal, 2012).
Next, you’ll identify your signature strengths, which
• Two of the most important predictors of employee are strengths that you easily recognize in yourself,
retention and satisfaction are: Reporting use regularly exercise, and celebrate. You feel that they
of your top strengths at work and that your describe the “real me.” You have a rapid learning
immediate supervisor recognizes your top curve and feel joy and enthusiasm when using them
strengths. (Peterson & Seligman, 2004; Seligman, 2011).
• Character strengths buffer people from • Review your top VIA strengths and ask the
the negative effects of vulnerabilities (e.g., following questions:
perfectionism and need for approval) and play an
important role in depression recovery. • Is this strength the real, authentic you? Does
it come naturally to you? Is it easy for you to
• As you learn more about your 24 strengths, you express?
can begin to develop your competence in using
them all in the right proportion that each situation • Do you feel more energized when you’re using
calls for. This can improve your interpersonal this strength?
effectiveness and other aspects of personal
• Would your family and friends be quick to identify
performance and sense of well-being (Biswas-
this strength in you?
Diener, Kashdan, & Gurpal, 2012).
• Do you use this strength frequently at home, at
Put Your Strengths into Action work, and in your social life?
Now that you’ve identified your character strengths
• What character strengths have you used in your
and know why it’s valuable to use them, it’s time to
past and current successes?
put them into action…
When you’re happiest, what strengths are you using?
Think of a specific time when you were at your best—
when you really were feeling and behaving at a high Reflecting on Your Strengths
level and you felt that you were being your authentic
self. Describe that time. • What was your initial reaction to your survey
results?
List Your Top Strengths
• Did anything from your survey results surprise
Now, list your top strength from your VIA survey you? If so, why?
report.
• What strengths can you identify in the story of
Strength 1: you at your best?

Strength 2: • Which one of your signature strengths seems

most evident in your every-day life right now?
Strength 3:
• What are examples of how you use that strength
Strength 4:
now?
Strength 5:

Strength 6:

Strength 7:

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Using Your Signature Strengths References

Our work doesn’t end with identifying our strengths. Biswas-Diener, R., Kashdan, T. B., & Gurpal, M.
Having strengths and values in the abstract is not (2011). A dynamic approach to psychological
enough to flourish. What we do makes the difference strength development and intervention. The Journal
(Peterson, 2006). According to Seligman (2002) of Positive Psychology, 6(2): 106-118.
and Peterson (2006), the regular use of signature
Lyubomirsky, S. (2007). The how of happiness: A
strengths—especially in service to others—cultivates
scientific approach to getting the life you want. New
well-being.
York: Penguin Press.
A good place to start is with a well-tested exercise in
Niemiec, R. M. (2013). VIA character strengths:
which you pick a signature strength and, for the next
Research and practice (The first 10 years). In H.
week, use it in a new way every day (Peterson, 2006;
H. Knoop & A. Delle Fave (Eds.), Well-being and
Seligman & Peterson, 2005).
cultures: Perspectives on positive psychology (pp.
The strengths of hope, zest, gratitude, curiosity, and 11-30). New York: Springer.
love, have the strongest link to life satisfaction (Park,
Park, N., Peterson, C., & Seligman, M. E. P. (2004).
Peterson, & Seligman, 2004). So you might consider
Strengths of character and well-being. Journal of
them as top targets if they are among your signature
Social and Clinical Psychology, 23(5), 603-619.
strengths.
Peterson, C. (2006). A primer in positive psychology.
For ideas on activities that incorporate your signature
New York: Oxford University Press.
strengths, take the Person-Activity Fit Diagnostic
test developed by Sonja Lyubomirsky (2008). You’ll Rashid, T. & Anjum, A. (2008). 340 Ways to Use VIA
likely find that such activities improve your well-being Character Strengths. Retrieved from http://www.
through engagement. viastrengths.org/Applications/Exercises/tabid/132/
Default.aspx.
Three Ways to Use Your Strengths
Seligman, M. (2002). Authentic happiness. New York:
What are three ways in which you can use your
Free Press.
signature strength more or in a new way in the next
three weeks to help you progress toward something Seligman, M.E.P. (2011). Flourish: A visionary new
important to you? For ideas, review 340 Ways to Use understanding of happiness and well-being. New
VIA Character Strengths (Rashid & Anjum, 2008), York: Free Press.
1. Seligman, M. E. P. & Peterson, C. (2005). Positive
psychology progress: Empirical validation of
interventions. Retrieved from http://www.ppc.sas.
2. upenn.edu/articleseligman.pdf.

3.

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Investigating & Capitalizing on Our

Introverted Strengths
Contributed by Professor Heidi K. Brown, Brooklyn Law School
[email protected]

“To be yourself in a world that is constantly trying to make you something else is the
greatest accomplishment.” -- Ralph Waldo Emerson

I
ntroverts and otherwise quiet advocates are • Data-gathering: Are you a good note-taker? How
well-poised to play an influential role in the legal do you capture the thoughts of others, and your
profession through their inherent capacities for own thoughts, while others are speaking?
active listening, analytical thinking, thoughtful writing,
empathy, and creative problem-solving (See The • Perceiving: Do you consider yourself a
Introverted Lawyer: A Seven-Step Journey Toward perceptive person? Do you notice details that
Authentically Empowered Advocacy, ABA 2017). your extroverted friends miss? Sights? Street
signs? Landmarks? Facial expressions? Smells?
If you are a naturally quiet lawyer, this activity can Tastes? Patterns? Textures? Sounds?
help identify your natural gifts. With enhanced self-
awareness, instead of trying to force extroversion • Researching: When you’re researching
to fit the “stereotypical gregarious lawyer” mold something or trying to figure out a problem, do
in our day-to-day lives, we can capitalize on our you dig deep? If you can’t easily find an answer,
inherent strengths in being authentically empowered are you comfortable changing tactics and trying
advocates. new research angles or sources?

• Listening: Are you a good listener? How do you • Creative thinking: Do you consider yourself a
listen? How do you physically position yourself? creative person? This does not necessarily mean
Where do you focus your attention? Do you artistic, but instead, being innovative in your
maintain eye contact? How do you demonstrate thinking. Do you come up with interesting or even
to the speaker that you are listening? wild ideas for solving problems?

• Deep thinking: Are you a deep thinker? Do you

find yourself wrestling with problems or concepts
to figure them out?

• Writing: Do you enjoy writing? What type of

writing? It doesn’t have to be legal writing. Think
about what genres of writing you enjoy: Text
messaging? Creative Facebook posting? Emails?
Poems? Songs? Letters?

• Choosy speech: Are you a person of few words?

Do you like finding the right word to express a
thought? Do you think about how to phrase your
ideas before relaying them aloud? When you
speak, are people sometimes surprised at how
good your ideas are?

© Heidi Brown
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 WORKSHEET # 11

• Negotiating: When you negotiate, do you prefer a Brown, Heidi K. The Introverted Lawyer: A Seven-
win-win effort, or a winner-takes-all competition? Step Journey Toward Authentically Empowered
Advocacy (ABA 2017) (the foregoing activity
• Tolerating silence: Are you comfortable with questions are found on pp. 64-66 of this book).
silence? Why or why not? With whom?
Brown, Heidi K. The “Silent but Gifted” Law Student:
• Modeling empathy: Do you consider yourself Transforming Anxious Public Speakers into Well-
an empathetic person? Are you able to listen to Rounded Advocates. The Journal of the Legal Writing
another person describe his or her experiences Institute 18 (2012): 291-337.
and understand that person’s reactions, feelings,
perceptions, and choices—even if they are Cain, Susan. Quiet: The Power of Introverts in a
different from your own? How do you convey World That Can’t Stop Talking. New York: Crown
to others that you understand their feelings or Publishing Group, 2012.
emotions?
Dembling, Sophia. Introverts in Love: The Quiet Way
Now, try to recall specific situations in which any of to Happily Ever After. New York: Penguin Group,
the foregoing inherent traits were beneficial in solving 2012.
a problem, resolving a conflict, achieving progress
Dembling, Sophia. The Introvert’s Way: Living a Quiet
in a stalled situation, or counseling another person
Life in a Noisy World. New York: Penguin Group,
through a difficult circumstance.
2012.
Trait: Scenario:
Helgoe, Laurie. Introvert Power: Why Your Inner Life
Trait: Scenario: Is Your Hidden Strength. Naperville, IL: Sourcebooks,
Inc., 2008.
Trait: Scenario:
Kahnweiler, Jennifer. Quiet Influence: The Introvert’s
Guide to Making a Difference. San Francisco: Berrett-
As introverts, many of us feel pressure to try to “act Koehler Publishers, 2013.
extroverted,” when in reality, it is our introverted Kahnweiler, Jennifer. The Introverted Leader: Building
assets that make us authentically powerful legal on Your Quiet Strength. San Francisco: Berrett-
advocates. Next time you are in an interactive Koehler Publishers, 2013.
lawyering scenario, consider how your introverted
strengths can power you through the experience in Kozak, Arnie, Ph.D. The Everything Guide to the
an authentic and fulfilling manner. Introvert Edge. Avon, MA: Adams Media, 2013.

Laney, Marti Olsen, Psy.D. The Introvert Advantage:

How to Thrive in an Extrovert World. New York:
References Workman Publishing, 2002.
www.theintrovertedlawyer.com

Brown, Heidi K. Empowering Law Students to

Overcome Extreme Public Speaking Anxiety:
Why “Just Be It” Works and “Just Do It” Doesn’t.
Duquesne Law Review 53, no. 1 (Winter 2015): 181-
214.

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WORKSHEET # 12

Overcoming Public Speaking Anxiety &

Amplifying Our Authentic Lawyer Voices
Contributed by Professor Heidi K. Brown, Brooklyn Law School
[email protected]

M
any lawyers experience public speaking make you feel? Agitated, annoyed, nervous, angry,
anxiety, even though the stereotypical numb? Now, try to think back to events in your past
gregarious advocate seems to be born with when you experienced similar feelings and heard
the gift of gab. Instead of comparable language.
getting down on ourselves Who was there? What
when we experience was happening? What
public speaking anxiety, or were their exact words,
forcing ourselves to “just language, or phrases?
do it!,” we can tap into our Make a list of those past
authentically empowered messages and their
voices through a bit of sources.
mental and physical
Now think about how much
reflection, and then a
time has passed since you
reframed mental and
originally received those
physical action plan. Try
messages. Do any of these
this activity to amplify your
past messages have any
advocacy voice in an authentic manner. No “faking it
relevance to your present life in the law? Can you
till we make it!” Let’s be our genuine impactful selves.
view the original messengers in a different light,
1. Envision The Scene perhaps with compassion, and realize their words
might have come from a place of their own fear, but
First, envision an interpersonal interaction, a have no relevance to your legal persona now? If you
command performance, or a public speaking can, label the messages as no longer useful, and
scenario in the legal context. Let’s be specific: Is it name the original sources as no longer relevant or
a courtroom scenario? A law office interaction? A influential in your legal persona.
meeting with opposing counsel? A conference call? A
negotiation? An argument or speech? 3. Physical Reflection
2. Mental Reflection Next, catalogue your body’s physical responses
when anticipating the performance-oriented event.
For some of us, when we anticipate nerve-wracking Try to notice both subtle and obvious changes in your
performance scenarios, we hear negative mental body and record each one, as if someone is snapping
messages that can rattle us, but often we don’t know photographs of each new physical response the
what to do with this information. In this activity, let’s instant it appears.
listen and transcribe, so we can eventually delete the
negative and re-craft some positive personal slogans. What part of your body do you feel or sense first?
When you first felt the emotional kick of stress or
First, what mental messages do you hear when you anxiety toward the interpersonal exchange, did your
anticipate the lawyering scenario? What are the exact physical body shift in any way? Were you sitting
words, language, or phrases you hear? Write them or standing? Did you subconsciously cross your
down. How do those words, language, or phrases legs? Fold your arms? Hunch or crouch lower?

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Grit your teeth? Clench your fists? Grip an object? • People seem surprised when I:
Avert eye contact? Did you feel anything different ______________________________.
internally? Did you gulp, take a deep breath, or lose
your breath? Is your heart beating faster? Does • My best day was when I:
your stomach hurt? Does your head ache? Are ______________________________.
you noticing any external clues? Are your hands or
• My ideal day is when I:
knees shaking? Are you blushing? Sweating? Do
______________________________.
you feel hot? Cold? Numb? When/if you speak,
does your voice sound different? Is your voice • People listen to me when I talk about:
shaking? Is it higher or lower pitched than usual? Are ______________________________.
you swallowing more? Or less? What else do you
physically feel or notice? • I bring something different to the table
because I: _____________________.
4. Mental Action
• I am not afraid to speak to others when:
Now that you have reflected on messages from
________.
the past that re-appear in the face of a future
performance-oriented event, contemplate a list of 5. Create 10 Positive Slogans
new personal taglines that can help you recalibrate
and take control of your thoughts. Consider these Now that you have reflected on the scenarios in your
prompts: life in which you feel most powerful, write out at least
10 positive personal slogans. If you need a prompt,
• I feel strongest and most like a rockstar or are not sure how to phrase them, try these:
when: _______________________________.
• I am a _______ person.
[Note: This could be weightlifting at the gym,
• I bring ____________ to the table.
playing the guitar, cooking, running, painting a
picture, rehabilitating an abused pit bull, whatever. • I care about _______________.
Be specific with the details. The point is to identify
an environment in your life where you feel almost • I deserve to be treated ________________.
invincible. We want to bring some of that swagger
• Perfection is boring; be _____________.
into the legal context.]
• Who cares if people can see [insert your least
• I am really good at: favorite visible physical response to stress]; I will
_______________________________. keep talking and it will go away.
[Note: This can be completely unrelated to law. Again, • Who cares if I don’t express myself perfectly; it
we are trying to identify aspects of ourselves that is more important in this moment for me to be
showcase our strengths. Then, we bring some of that _____________.
swagger into the legal context.]
• Not everyone needs to like me; _____________
• I feel really smart when I: likes me.
______________________________.
• This doesn’t have to go perfectly; my goal is to
• I feel really physically capable when I: get through the experience, while doing the best I
______________________________. can while I am learning, and reminding myself that
___________________________.

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• I do not need to be perfect at this; this is just energy out of you by projecting your voice to the
practice in ___________. person furthest away from where you sit or stand.

6. Physical Action • Blushing or Sweating: For some of us,

blushing or sweating are normal bodily reactions
Armed with new information about how your body
to anxiety. Because we cannot change this
instinctively responds to anxiety toward a public
instinctive reaction, we instead can embrace it.
speaking event, consider subtle changes to your
As author Erika Hillard says, “[t]o see a blush is to
physical stance and movement that can help channel
celebrate life’s living . . . fullness, ripeness, color,
your energy, blood, and oxygen flow in a productive
and flourishing life.” Let’s also make ourselves as
manner. How about these:
physically comfortable as possible; we can wear
• Stance and Posture: Do you have a favorite clothing that helps us breathe!
athlete? How does he or she stand when
7. Practice
preparing to move? Most athletes stand in a
balanced, open stance. Consider watching a Identify one low-stakes performance-oriented
helpful TED Talk by Professor Amy Cuddy about event in the lawyering context, to practice your new
“power poses”—standing in a powerful pose for a Mental and Physical Action Plans. It could be a team
few minutes before a performance event. meeting, a one-on-one meeting with a supervisor, or
a phone call with opposing counsel.
• Breath: Practice breathing to slow your heart
rate. 8. Develop a Pre-Game & Game-Day
Strategy
• Appendages: Open your arms and hands; let that
excess energy jump out of you, or direct it into a Brain Pre-Game: What substantive preparation is
podium or desk. necessary for your first exposure event?
• Eye Contact: Practice channeling excess energy Body Pre-Game: Can you visit the exposure event
out of you by projecting eye contact to various location? Will you be sitting or standing? Where?
individuals around the room. What adjustments can you make to your physical
stance and comportment to channel your energy,
• Voice Projection: Practice channeling excess
oxygen, and blood flow in a constructive manner?

Mind Pre-Game:
• Have you written out and reread your new
positive personal taglines?

• What can you do the night before the event to

minimize anxiety?

• What will you do the morning of the event to

minimize anxiety?

• What will you do a half hour before the event?

• What will you do right before you enter the room?

• Visualize the exposure event space. Imagine your

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entry into the room, and the chronological steps Brown, Heidi K. The Introverted Lawyer: A Seven-
leading up to the moment you begin speaking Step Journey Toward Authentically Empowered
Anticipate the potential influx of the negative Advocacy (ABA 2017) (the foregoing activity
thoughts and physical responses. Rehearse questions are found throughout the exercises in this
halting the negative soundtrack and replacing book).
it with your positive mental taglines. Envision
Breggin, Peter R., MD. Guilt, Shame, and Anxiety:
physically adjusting your stance, enhancing
Understanding and Overcoming Negative Emotions.
blood, oxygen, and energy flow.
Amherst, NY: Prometheus Books, 2014.
9. Apply Your Learning
Cho, Jeena, and Karen Gifford. The Anxious Lawyer:
• Step into the event with your new Mental and An 8-Week Guide to a Joyful and Satisfying Law
Physical Action Plans: Practice Through Mindfulness and Meditation.
Chicago: Ankerwycke Books, 2016.
• Consider doing a “power pose” for a few minutes
before the event Esposito, Janet E., MSW. In the Spotlight: Overcome
Your Fear of Public Speaking and Performing.
• Remind yourself that the natural mental and Bridgewater, CT: Strong Books, 2000.
physical manifestations of anxiety will naturally
re-appear…but we have a plan now! Fensholt, M. F. The Francis Effect: The Real Reason
You Hate Public Speaking and How to Get Over It.
• When the usual negative mental messages re- Ontario, CA: Oakmont Press, 2006.
appear, apply the fire-drill mantra of “stop, drop,
and roll”: Stop for a moment; greet the messages; Flowers, Steve, MFT. The Mindful Path Through
remember that they are no longer relevant now in Shyness. Oakland, CA: New Harbinger Publications,
your lawyering life; remind yourself of your NEW Inc., 2009.
mental messages;
Hilliard, Erika B., MSW, RSW. Living Fully with
• When the usual physical manifestations of anxiety Shyness and Social Anxiety. Philadelphia: Da Capo
re-appear: Stop for a moment; breathe deeply; Press, 2005.
adopt a balanced athlete’s stance (seated or
Markway, Barbara G., Ph.D., and Cheryl N. Carmin,
standing); send excess energy out of you and
Ph.D., C. Alec Pollard, Ph.D., and Teresa Flynn, Ph.D.
into a podium or desk or into the air; make eye
Dying of Embarrassment: Help for Social Anxiety &
contact; project your voice; remember that,
Phobia. Oakland, CA: New Harbinger Publications,
for some of us, blushing or sweating is just life
Inc., 1992.
surging through us!
Markway, Barbara G., Ph.D., and Gregory P.
10. Take Time To Reflect Markway, Ph.D. Painfully Shy: How to Overcome
After the event, reflect. What worked great? What Social Anxiety and Reclaim Your Life. New York:
techniques could use adjustments for next time? Thomas Dunne Books, 2001.

Naistadt, Ivy. Speak Without Fear. New York:

11. Celebrate! HarperCollins, 2004.
Congratulate yourself for an amazing effort! Rogers, Natalie H. The New Talk Power. Sterling, VA:
References Capital Books, Inc., 2000.

www.theintrovertedlawyer.com

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WORKSHEET # 13

Mind Your Marriage (& Similar Relationships)

Contributed by Aileen Reilly, JD, CPCC, ACC, ORSC-Trained
www.aileenreilly.com | [email protected]

A
s Esther Perel, noted psychotherapist, together as a couple. Two, in advance, think about
author and TED speaker says, “The quality how you want to show up for the date — energized?
of our relationships determines the quality tired? another thing “to do?” excited? curious? —
of our lives,” so it’s about time to start talking and then do that.
about attorneys and their marriages and partnered-
The following lists contains fun date night ideas,
relationships. Too often these most important
together with fun questions and conversation
relationships get sacrificed or pushed to the edge of
starters. The key is to have fun. Don’t make date
life while you are busy showing up 100% at work. It
night an evening to talk about “all the things” in your
doesn’t seem right that your clients and your firm and
relationship that need attention — kids, money, etc..
your practice group gets the best of you, while your
Schedule that for another time and place, and keep
spouse/partner and your family gets whatever is left
it out of the date night time. Date nights are for the
over, essentially “the scraps.”
two of you and for your relationship together. Your
relationship together is the “glue” for everything else
in your life. When your relationship is in a good place,
everything else flows so much better, including your
work.

Fun Date Night Ideas (That Don’t Involve

Alcohol):
• Cooking Class
• Hiking
• Art Gallery Walk
• Comedy Club
• Zip-Lining
• Live Theater
• Kayaking
So, what can you do about it? Start by being more
intentional about the time you do have in these • Live Music
relationships. Don’t spend date nights going to see a • Bowling
movie, where although you’re both entertained, there • Blankets and Star-Gazing
is no further emotional connection being formed, no • Late Night at the Museum
conversation whatsoever. Of course that’s okay every
• Long Walks
once and a while, but if you’re like most couples who
only have date nights once a month, it’s important • Rock Climbing
not to squander that time. • Trampoline Park
• Hotel Room
Be intentional. That means two things. One, put those
date nights on your calendar. Ideally, every week, • Dance Lessons
your relationship should have time put aside to grow • Arcade

© Aileen Reilly
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• Coffee Shop and Board Games

• Any Festival
RESOURCES
• Driving Range
• Mini-Golf Book Recommendations

• Biking • John Gottman, The Seven Principles For

• Random Open House Tours Making Marriage Work.
• Painting Class • Gary Chapman, The 5 Love Languages.
• Ice Skating • Harville Hendrix, Getting the Love You Want.
• Couples Massage • Amir Levine, Attached: The New Science of
• Indoor Sky Diving Adult Attachment.
• Marshall Rosenberg, Non-Violent
Communication.
Fun Conversation Starters:
• Byron Katie, Loving What Is.
• Ask Each Other 36 Questions on the Way To Love
• Kerry Patterson, Crucial Conversations.
• Download Gottman Card Decks (a smart phone
• Esther Perel, Mating in Captivity.
app) and ask each other questions.
• Laura Vanderkam, Off The Clock.
Go Home And Have Sex Apps For Your Phone

Needs no further explanation. Your physical rela- • Gottman Card Decks (Love Maps, Questions/
tionship is an integral part of your marriage/partner Conversations, Resources)
relationship. When a couple isn’t having sex or not • 36 Questions To Fall In Love
having sex as frequently as they once did, it’s of-
• Danielle LaPorte’s “Conversations”
ten the sign of an emotional disconnect between
the partners. Rather than ignoring the distance and Podcasts to Listen To
watching it grow across time, work to get closer.
• Where Should We Begin (Esther Perel)
Utilize the ideas above. And sometimes, you simply
need to have sex, so that you remember why you • Rise Together Podcast
like having sex to begin with. Sex begets sex. This is • Marriage Therapy Radio
good for your physical relationship, for your emotion-
• Relationship Advice
al relationship together, and for your own release of
hormones and stress-relief. • The Loveumentary
Follow on IG and FB

• @gottmaninstitute
• @estherperelofficialbetter
Email Newsletters
• The Marriage Minute
• Five Love Languages

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Managers, Don’t Forget Your Own Well-Being

Contributed by Andrew Elowitt, JD MBA PCC
[email protected] | http://newactions.com

S
tudies have shown that the demands and Your limitation is simply that you are but one person.
stress of legal practice take a toll on many No matter how smart, talented, and energetic
lawyers’ mental and physical health (Krill, you may be—you are still one person with a finite
Johnson, & Albert 2016). For many lawyers the amount of time in which to get everything done.
additional demands of being in a management Working harder and faster will only take you so far,
position exacerbate those stresses. As other and working longer hours may be an obstacle to
activities in this toolkit demonstrate, lawyers can your wellbeing. So what can you do to resolve this
build resilience and minimize the risk of burnout common leadership dilemma? By all means do the
by developing healthy personal habits, good first activity listed below and then you will be ready to
work-life integration, and competence in handling try one or more of the following ones.
interpersonal conflicts.

But even managers who are genuinely concerned

about the wellbeing of their firm members may
overlook or underestimate the importance of looking
out for their own physical and mental health. As a
firm leader your wellbeing is important not only to you
but to everyone else. If you’re sidelined by physical or
mental health problems, firm members who depend
on you for guidance and leadership may suffer as
well, not to mention the impact your problems may
have on your clients.

In many respects, your health and wellbeing is more

important than that of other firm members. As a
manager and leader, you need to set an example for
others by modeling behaviors that promote wellbeing.
Credibility suffers and cynicism grows when leaders
don’t walk their talk and follow their own advice. How
likely would you be to follow health advice from an
obese doctor who smokes and drinks excessively? Practices To Promote Firm Managers’
Well-being
At this point is should be rather obvious that whether
you’re a manager or not, you need to pay attention 1. Don’t Go It Alone! Your first activity may be the
to your own wellbeing. But you may well be asking least visible but it’s the most important. Schedule an
yourself, “How on earth am I going to do that with hour or two when you know you will have a minimum
the increased time pressures of being a manger?” of interruptions or distractions. It can be time in
It’s a great question and a real quandary. And though or outside of your office as long as you can do a
it may at first seem a bit counterintuitive, follow the big-think and deep-think. You will ask yourself and
advice of Dirty Harry Callahan from the classic movie hopefully answer four questions:
Magnum Force—”know your limitations!”

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 WORKSHEET # 14

• What support do I need as the manager of my save time but also make more money (Hubbard,
firm (or practice area head, or legal department 2016).
head)?
• Track your energy levels. There are times of day
• Who within the firm can provide me with that and days of the week when we are our most
support? focused and productive. When our energy levels
are low, it takes us longer to get things done. If
• Who outside of the firm can provide me with we can’t add hours to the clock, at least we can
support? use those hours more productively. By tracking
• How do I feel about asking for that support? your energy levels you will learn the best times
for you to approach items that require the most
Don’t skip the last question! If you’re like a lot of analytical skill and concentration. You may also
lawyers, you may be hesitant to acknowledge learn that caffeinating, though widely used, is not
you need support, let alone to ask for it. When the best or only practice for boosting your energy
compared to the general population, lawyers are levels. Paying attention to your sleep, nutrition,
far more autonomous and achievement oriented. exercise, and recreation are better and more
These personality traits lead many to assume that sustainable strategies (Schwartz & McCarthy
they should, without additional training or support, 2007).
be able to handle leadership and management
responsibilities on their own. They worry that their • Manage other’s expectations of you. Don’t forget
peers and firm members will perceive a request for the importance of also managing the expectations
support as a sign of (gasp) weakness or (double of you firm, partners, and family as to how much
gasp) incompetence. Nothing could be further from time you can and will devote to management
the truth. One of your top priorities as a manager are activities. These conversations can help
to set you and your firm up for success, so don’t be prevent strife and stress down the road. Initiate
shy in asking for support. discussions with your firm about adjustments to
your billable hours targets, client development
The following activities and practices will improve efforts, and compensation that reflect your added
the odds of you being an effective firm leader and contributions as a manager.
manager, while at the same time reducing your stress
and enhancing your wellbeing. 3. Clarify Your Authority. Make sure your
management authority is commensurate with your
2. Mind Your Time. Make sure you have time to responsibilities. There are few things more frustrating
manage and lead. Time is a finite resource and no than being given the responsibility to do something
matter how efficient you are management activities without also being given adequate resources and
take time. Running even faster on the hamster wheel authority to accomplish it. Your authority will of
is a poor strategy for improving your wellbeing. Try course vary depending on the nature and significance
these instead: of a decision. You can simplify your life and save
time by sharing the following guidelines with other
• Delegate more. Every day try to delegate at
firm members to clarify the boundaries of your power
least three client or administrative matters that
(Elowitt & Wassermann, 2017, pp. 210-215):
you usually would have handled yourself. For
guidelines on how and what to delegate, please √ Who is making the decision?
refer to Chapter 6 of Lawyers as Managers
(Elowitt & Wasserman, 2017, pp. 79-104). Studies • You, as the manager?
show that law firm partners that delegate not only • You with input from one or more individuals?

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• You with input from a group? 4. Commit to a Shared Vision. Make sure your firm
has a clear vision, direction, and business plan. You
• By group consensus?
may be wondering how doing this will enhance your
√ Once the “who” has been determined also pay wellbeing. Managing lawyers can be challenging and
attention to: stressful. It has often been likened to herding cats
(Richard, 2002, and Elowitt, 2018). It’s much easier
• Who will be giving input on the decision? to lead and manage when everyone is on the same
page about a firm’s values, direction, and plans to
• Whose approval (if any) is needed?
get there. Getting agreement and alignment up front
• Who must be notified on the decision and when? minimizes tensions and provides you with a game
plan you can follow. When your “cats” all have the
• Who will be implementing the decision? same goal, you will deal with fewer conflicts within
• Have those responsible for implementing been your firm.
given clear instructions, necessary resources, and 5. Develop Your Support System. Further develop
performance criteria? your support system by reaching outside your firm.
The burdens of management can feel heavy at times
and it can be difficult to look to someone within your
firm for support. The alternative is to look outside
where there are abundant resources:

• Law practice management coaches and

consultants can help you develop your skills and
work through especially tough challenges.

• Managing partner roundtables are in-person or

virtual groups of lawyers that meet on a regular
basis to discuss management matters, share best
practices, and offer mutual support.

• Bar associations offer CLE programs and

webinars on a wide range of management topics.
Attending them is a great way to benchmark
your management skills, meet people with
similar challenges, and discover the most useful
Once firm stakeholders are in agreement with you
law practice management blogs, websites,
about these guidelines, time is saved and wasteful
periodicals, and books.
firm politics are minimized. Conversations are
focused where they should be—on the merits of Any of these three resources will help keep you from
a decision rather than on personalities. Knowing feeling lonely and isolated at the top of your firm.
the limits of your authority will help you determine Several recent studies have shown that feelings of
whether your decision-making authority matches loneliness are especially prevalent among lawyers
your management responsibilities. If it does, great! and that they threaten our physical health and
And if it doesn’t, you can begin conversations to wellbeing (Rubino, 2018).
help bring them into congruence. Either way you
will minimize your chances of feeling powerless and
disengaged.

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References
Elowitt, A. (2018, May/June). Is Managing Lawyers
Like Herding Cats? Law Practice, 44(3), 34-39.

Elowitt, A., & Wasserman, M. W. (2017). Lawyers as

managers: How to be a champion for your firm and
employees. Chicago, IL: American Bar Association,
Law Practice Division.

Hubbard, T. N. (2016, November 12). Research:

Delegating More Can Increase Your Earnings.
Retrieved January 10, 2017, from https://hbr.
org/2016/08/research-delegating-more-can-increase-
your-earnings

Krill, P. R., Johnson, R., & Albert, L. (2016). The

Prevalence of Substance Use and Other Mental
Health Concerns Among American Attorneys. Journal
of Addiction Medicine,10(1), 46-52.

Richard, L. (2002). Herding cats: The lawyer

personality revealed. Altman Weil Report to Legal
Management, 29(11), 1-12. Retrieved from http://
www.managingpartnerforum.org/tasks/sites/mpf/
assets/image/MPF%20-%20WEBSITE%20-%20
ARTICLE%20-%20Herding%20Cats%20-%20
Richards1.pdf

Rubino, K. (2018, April 03). New Survey Proves

Lawyer Is The Loneliest Profession Of All. Retrieved
from https://abovethelaw.com/2018/04/new-survey-
proves-lawyer-is-the-loneliest-profession-of-all/

Schwartz, T., & McCarthy, C. (2007, October) Manage

Your Energy, Not Your Time. Harvard Business
Review. 85(10). 63-74.

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Positive Leadership:
Key Ingredients For Unleashing The Best In Others
Anne M. Brafford, JD, MAPP, PhD in Progress
[email protected] | www.aspire.legal

W
ouldn’t we all love to work in law firms √ Mastery (or “Competence”). Our fundamental
that bring out our best? And, as aspiring needs also include feeling confident in our ability
positive leaders, wouldn’t we all love to master new skills and to have an impact on our
to know the secrets to unleashing the best in environment. Continuous learning and a growing
others? Psychological science offers some helpful sense of mastery in activities that are significant to us
insights on these very questions. Of particular are keys to this source of well-being.
importance is a well-established and powerfully
predictive framework of human motivation called √ Helping Others (or “Benevolence”). Research also
“self-determination theory” (SDT), which forms the suggests that we have a basic need to feel that we’re
foundation of my book Positive Professionals. SDT benefiting others or the common good.
identifies key ingredients that contribute to optimal
performance, health, and happiness.

SDT proposes that we’re all naturally inclined

toward growth and happiness and that our
social surroundings facilitate or thwart our path
Ingredients For Thriving Firms
toward optimal functioning. Our continued growth
depends on whether our social conditions thwart
or help meet basic psychological needs: Connection & Belonging
Supportive relationships and a sense of
√ Autonomy. This need is driven by a basic belonging or fit with groups we care about.
human desire to be “self-creating” and under
self-rule. It’s about feeling authentic and like
the author and architect of our own behavior— Mastery Activities
that our behavior aligns with our interests and Continually learning, growing, and
values and is within our responsibility and gaining confidence in our ability to make
control. It is the opposite of feeling controlled, things happen.
bossed around, or guilted in to things.

√ Connection & Belonging (or “Relatedness”). Autonomy

We humans have a fundamental need to Feeling that our choices are self-authored
connect and belong. This includes supportive and aligned with our own preferences.
relationships as well as a sense of belonging The opposite of feeling controlled,
or fit with groups we care about. This need is forced, or guilt-driven.
powerful and pervasive. It can help or harm
our cognitive processes, emotional patterns,
Helping Others
behaviors, and health and well-being. Lack of
Having a positive impact on others or the
belonging and feelings of exclusion can trigger
common good.
self-defeating behaviors like procrastination
and depression.

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 WORKSHEET # 15

This may all sound fine and good but still leave you Autonomy at work typically takes the form of
wondering if it really applies to that special breed of discretion for work scheduling, decision-making,
people called lawyers. Recent research shows that it and work methods. All three forms of autonomy
absolutely does. significantly contribute to job satisfaction and
engagement, but decision-making autonomy leads
Researchers Larry Krieger (a law professor-turned- the pack. Below are some strategies for fostering a
researcher) and Dr. Kennon Sheldon (a highly culture that supports autonomy:
respected social scientist) conducted a large-scale
study of 6,000 lawyers working in a wide variety of
legal jobs. The study, titled What Makes Lawyers 1. Foster A Sense of Control
Happy?, asked what kinds of things in lawyers’ social Autonomy is closely related to the concept of
surroundings contributed to their happiness. control—which affects not only engagement but
also psychological health. Feeling in control of one’s
It found that SDT needs made a huge difference own work and schedule is a well-established factor
in lawyers’ lives. The relationships between lawyer contributing to mental health. Lack of control—
happiness and SDT needs was much larger than especially in the face of high demands—is a strong
other factors in the study. For example, the positive predictor of depression and burnout. A high level of
relationship between need-fulfillment and happiness responsibility with little control is a toxic combination
was three times as large as the relationship between that can destroy health and performance.
income and happiness. And whether lawyers
had achieved a high class rank during law school
(something that so many law students stress out
2. Optimize Independence
about) had a very small relationship with their current Among the best way to support autonomy is to allow
levels of happiness. as much independence and discretion as followers’
level of experience and competence allow. We should
Supporting The Autonomy Need allow people to figure things out for themselves,
make their own choices as much as possible, and not
All of the SDT needs are essential ingredients to hijack the project at the first sign of a wobble.
thriving workplace cultures. But we need to start
somewhere, and the autonomy need is a good 3. Give Flexibility in Time & Place of Work
place to start. (My book Positive Professionals offers
strategies for fulfilling all of the needs). Leaders, Flexibility in where and when followers’ do their work
colleagues, clients, and workplace policies and also helps meet their autonomy need. Technology
practices all can support or undermine our sense of has dramatically enhanced the potential for such
autonomy. flexibility, making telecommuting both feasible and
desirable because it provides greater autonomy and
Experiencing autonomy goes hand-in-hand with job satisfaction.
feeling respected, valued, and important. It is the
experience of choosing an activity freely because it Many firms still have not embraced the full potential
aligns with our own values, goals, and desires—it for flexibility, although some have formally adopted
aligns with who we are. It’s not synonymous with telecommuting policies. Some lawyers continue
individualism or detachment. In particular, it doesn’t to frown on the practice, having long relied on
mean that we must act independently from others’ “face time” in the office as a de facto measure
desires. Instead, it’s a need to act with a sense of of commitment and productivity. They worry that
choice and volition, even if doing so might mean associates will shirk their responsibilities if allowed to
complying with the wishes of others. work from home. In short, they don’t trust them.

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Recent research should help allay these concerns. avoid bossy- or coercive-sounding language,
A 2015 study that crossed industries found that give meaningful rationales for requests, and offer
telecommuting did not harm workers’ performance— opportunities for choice. For example, a junior lawyer
and, in fact, boosted it. They found that the might question the tight deadline given for a project
autonomy need was at the root of the effect. Workers but still act willingly and autonomously because the
felt grateful for the trust and autonomy granted to partner provided a meaningful rationale for it.
them by their organizations and so reciprocated
The opposite of an autonomy-orientated leadership
with greater energy that positively influenced their
style is a controlling one. Controlling leaders ignore
performance.
others’ needs, interests, and feelings. To motivate
followers, they use directives, threats, incentives, and
4. Frame Work-Related Communications to deadlines. In short, they’re bossy and rely on power
Respect Autonomy differentials to motivate. The result is extrinsic, low-
When making work-related requests, leaders respect quality motivation among followers and all the trouble
followers’ autonomy by using words of influence that flows from that.
rather than coercion. Dwight D. Eisenhower defined
motivation as “the art of getting people to do what Research has found that, no matter what your natural
you want them to do because they want to do it.” tendencies, you can learn to use a more autonomy-
This is precisely what leaders do when they tailor oriented style. Below are some fairly simple research-
work requests to respect autonomy. backed behaviors that you can adopt to start
championing autonomy right away:
To take Eisenhower’s advice, research shows that we
should show responsiveness to others’ perspectives,

Autonomy-Supportive Communications

Behavior Example
Use language that doesn’t sound “Can you please ___? It would be really
controlling or coercive. (Avoid bossiness.) helpful if you could ___.”

Take followers’ perspectives and “I’m sorry about this short turn-around t. I
acknowledge their feelings. know it’s a pain and I’m sorry about that.”

Give rationales for requests. “The client just asked for this by tomorrow.”

Tailor motivation strategies to account “I wouldn’t ask just anyone to do this, but
for followers’ interests, preferences, I know you can handle it. And the upside
work-related values, and to boost their is that it might give you a chance to take a
confidence in their abilities to be effective deposition.”
and master new skills.

Maximize followers’ sense of choice and “I know it’s getting late and it’s fine if you want
self-initiation. to go home and work there. What time do you
think is reason-able to get me a draft?”

Lawyer Well-Being Tool Kit / Page

 INTRODUCTION

5. Use Participatory Leadership

In participatory management styles, leaders invite RESOURCES
others’ suggestions, solicit input, and spur open
discussions for identifying new solutions. This Book Recommendations
type of leadership demonstrates that leaders value
• Anne Brafford, Positive Professionals:
others’ opinions, contributions, and talents. When
Creating High-Performing, Profitable Firms
people are involved in making decisions, they feel
Through The Science of Engagement
more autonomous when carrying them out. This
tactic boosts followers’ sense of meaningfulness • Liz Wiseman, Multipliers: How the Best
because they feel valued and that their opinions Leaders Make Everyone Smarter
matter. On the other hand, people who are left out
of decision-making have a higher risk of burnout. • Jane Dutton & Gretchen Spreitzer (Editors),
How to Be A Positive Leader

• Daniel Pink, Drive: The Surprising Truth About

What Motivates Us

• Michael Bungay Stanier, The Coaching Habit:

Say Less, Ask More, & Change The Way You
Lead Forever

• Paul J. Zak, Trust Factor: The Science of

Creating High-Performance Companies

• Bruce Avolio, Leaderhip Development in The

Balance
Won’t This Take More Time & Effort?
• John Mackey & Raj Sisodia, Conscious
It’s true that autonomy-oriented leadership often Capitalism: Liberating the Heroic Spirit of
requires investment of extra effort compared to Business
directive or controlling styles. It can be easier
to boss people around than inspire them. But
research indicates that it’s worth it. It will pay off
by enhancing motivation and engagement.

Autonomy-Support Checklist:
√ Foster a Sense of Control
√ Optimize Independence
√ Give Flexibility in Time & Place
√ Make Non-Controlling Requests
√ Use Participatory Leadership

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WORKSHEET # 16

Promoting Health, Vibrancy, &

Flourishing Lives
Contributed by Elaine O’Brien, PhD, MAPP, CPT
[email protected] | www.ElaineOBrienPhD.com

D
o you want to feel more healthy and energetic? Lifestyle Medicine
Don’t we all? Physical activity can help:
In Spring 2018, at the inaugural American College
• Engaging in physical activity helps build of Lifestyle Medicine Summit, leaders in health,
positive resources and promotes health, vibrancy, medicine, fitness, and well-being, joined forces. They
and flourishing lives (Mutrie & Faulkner, 2004). sough to define the empirical, fast-growing science
of Lifestyle Medicine. As defined, Lifestyle Medicine
• Physical activity, movement, and play are
directly encourages:
essential to our physical, social, emotional,
cognitive well-being and for our development at • Healthful eating of whole plant based foods
every age.
• Developing strategies to manage stress
• Epidemiological data and considerable research • Forming and maintaining positive relationships
indicate that physical activity is a major factor in
reducing the risk of disease and disability, and for • Improving your sleep
improving our well-being. • Cessation of smoking
• Increasing physical activity.
Call to Action
The rationale is that Lifestyle Medicine not only has
A “critical call to action” was made at the United
the power to prevent, treat, and reverse disease, but
Nations High-Level Meeting on Physical Activity
it may also contribute to real health care reform.
and Non-Communicable Diseases that I attended in
2011. This summit identified physical activity as “a
fast-growing public health problem contributing to a
variety of chronic diseases and health complications,
including obesity, heart disease, diabetes,
hypertension, cancer, depression and anxiety,
arthritis, and osteoporosis.” Three urgent, guiding
principles were articulated:

1. Exercise and physical activity are important to

health and the prevention and treatment of many
chronic diseases.

2. More should be done to address physical activity

and exercise in different settings, including at
home and at work.

3. Multi-organizational efforts to bring a greater

focus on physical activity and exercise across
settings are to be encouraged.

© Elaine O’Brien
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WORKSHEET # 16

Infusing Physical Activity and Promoting 2. Prioritize Activity. You action plan should
High Performance Living consider how you can prioritize physical activity in
your busy schedules. In the 1440 minutes of your
This worksheet offers strategies and information on day, give at least 30 minutes, 5-6 days per week
how you can become more positively self-determined to physical activity, especially aerobic fitness.
to infuse more physical activity, vibrant health, and
positive energy into your life. 3. Start Small and Progress. If you’ve been
inactive, find simple ways to get moving more
Our bodies are important to how we think, feel and well. Take the stairs and frequent short walks.
and behave. Vibrancy is a quality of harnessing Gradually increase your activity to 30 minutes
zest, enthusiasm, and vitality. A focus on the (non-consecutive minutes are ok), on most days
somatopsychic, how our body impacts our mind, For example, start by challenging yourself to
as well as the psychosomatic, raises our whole power walk for 20 minutes. As you progress,
experience of living. increase the intensity so that you’re working in
your target heart rate zone alternating with easy
and challenging intervals of walking--and, if you
“Our bodies are want, some running. Try this for 4 to 5 days per

important to how we
week for 8 weeks, alternating with a light, and
then a more challenging day. Note your progress,

think, feel, and behave.”

and aim to mark your feelings in a journal at least
once a week.

We have the ability every day to heighten our

proprioception: the amazing knowledge of our
body in space. With this, we positively impact
vibrant health, usually manifested in uplifted energy,
confidence, and enhanced performance (Teixeira,
2012). It also feels great.

Tips to Get Moving More and Well

Is there a way you can increase your motivation
to move well and more at home and at work?
Can you take your levels of physical activity and
fun in frequency, intensity, duration, creativity and 4. Straighten Up. As you get moving, remember
enjoyment. Here are some tips to help you get going: to “posture check” yourself. Think of lifting your
1. Set Goals. Create a strategy that will set you heart, opening up and increasing your postural
up for success. Write down an action plan that awareness: Crown of the head to the sky, tall
is simple, realistic, and optimistic. Tweak it as neck, rib cage lifted up, shoulders down and in,
needed and as you like. Some people like the abdominals in and up, hips in alignment, knees
SMART goal model: Systematic, Measurable, in line with hips and ankles, good, balanced
Action Oriented, Realistic, Timed. Think about foot placement. Then give yourself a big whole
and write your short term/long term goals. hearted forward and backward hug. It’s a great
stretch, feels good, and can prime your senses.

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WORKSHEET # 16

5. Learn to Love Change. Mixing up your routine to your body’s cue, and move with good form and
keeps it fun, reduces the risk of overuse injuries, safety first. Avoid the weekend warrior syndrome.
and boosts your skill levels. Practice Cross Don’t overdo it! Listen to your body, challenge
Training (not Cross Fit®), which incorporates yourself, and have fun.
a variety of activities (e.g., exercises, dance,
10. Aim For Exhilaration. Leave your training
sport, recreational moves). This activates different
session feeling great, wanting a little more. Feel
muscle groups, keeps training interesting, and
exhilarated, not exhausted.
helps reduce the risk of boredom.
11. Reward your Achievements. Savor your
successes. Find meaningful ways to celebrate
your accomplishments.

12. Get Out in Nature. The term “green exercise”

emerges from a growing body of research that
shows that interacting with nature can positively
affect our health and well-being, relieving stress,
and promoting lucidity and clearer concentration
(Archer, 2007). Breathing fresh air and being
6. Pick a Partner(s). Having trusted accountability exposed to the land, sky, and nature’s panoply of
buddies can boost adherence, motivation, and colors offers refreshing sensory stimulation. The
success, and research shows that being part of awe of our surroundings bolsters our appreciation
a group can positively impact health and well- of the beauty of nature. We can reenergize by
being (Putnam, 2000). Having social support can getting away from stress giving us time to reflect
offer us companionship, strength, and can give and gain clarity in thinking.
us a sense of purpose around our commitment
to train. Start a walking club at work, walk 13. Get Moved By Music. Being “moved” by music
with family members, and/or check your local is an ancient, global tradition. Music can enhance
community center, church, or park/recreation our performance, increase our motivation, boost
program for activities you might enjoy. our stamina, and reduce exercise recovery times.
What music moves you? Can you think of and
7. Break a Sweat. Incorporate aerobic movement play-list tunes from your peak years to boost your
--“the key to fitness” (Cooper, 1977)--to improve energy and your inclination to move? Music is
your physical, emotional, social, and neural health a great way to quickly enhance mood (O’Brien,
and protect you against non-communicable 2014; Langer, 2009).
diseases (Ratey, 2008; O’Brien, 2013).
14. Adopt a Play Mindset. To boost your motivation
8. Be Safe. Create a SAFE, effective training space, to move, think of play. What did you enjoy as a
even in your office, with a warm, welcoming child. Are any of those interesting, modifiable, or
atmosphere, encouraging positive connections viable now?
(O’Brien, 2015; Peterson, 2007).
15. Laugh! Bring humor, smiles, and laughs to your
9. No Pain, Just Gain. Create an exercise plan that training (O’Brien, 2013; Seligman, 2011).
promotes injury-free health. Even in moderation,
physical activity, exercise, and movement
enhance positive health and well-being. You do
NOT need to feel pain to get great benefits. Listen

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WORKSHEET # 16

Psychological Benefits of Exercise • Bicycling

The investment into daily activity boosts not only • Hiking

physical health but also psychological well-being. For • Skating
example, exercise:
• Skiing
• Acts as a relief from tension, depression, and • Surfing
fatigue. “It’s an ideal antidepressant” (Ornish,
• Basketball
2018). Tal Ben-Shahar has stated, “Not exercising
is like taking a depressant!” Important benefits of aerobic activity include:

• Helps create a sense of independence/self-care/ 1. Boosts Your Energy. An important benefit of

positive self-determination. aerobic activity is that it gives you more energy. As
your heart strengthens, it will pump more blood with
• Helps cultivate experiences of joy, self-worth, less work, and your resting pulse will drop, as your
mastery, possibility, and fulfillment. body’s amazing efficiency improves.
• Can result in experienes of “flow” (as defined by 2. Boosts Your Brain Power. A growing body of
Mihaly Csikszentmihalyi). research has demonstrated that aerobic exercise
• Fulfills a need to play and have fun. boosts our brain power, increasing brain derived
neurotropic factor, which is like Miracle Grow for your
• Inspires others by being a positive role model. brain’s synaptic connectivity. Ratey (2008) discusses
how aerobic exercise benefits the brain:
• Builds confidence and kinesthetic awareness.
• Generates new brain cells, which is called
• Creates change in values generally as well as
“neurogenesis”
positive feelings about your body.
• Strengthens between cell connections
• Boosts greater sexual appreciation (Ornish, 2018).
• Promotes neuroplasticity: restoring,
Health Benefits of Aerobic Activity repairing, and building resilience in the
brain.
“Aerobics is the key to fitness.”
– Dr. Ken Cooper Boosting our executive function is important because
it helps us plan, organize, and initiate action. It
Aerobic activity has special benefits. “Aerobics” helps us learn from mistakes and maintain focus,
means “with oxygen.” Aerobic exercise, in the and improve working memory. On the other hand,
presence of oxygen, trains the heart and lungs dysfunction in the executive function leads to a
(cardiopulmonary system), the brain, and all bodily disruption in the organization and control of behavior.
systems. Some examples of aerobic activities for Additionally, aerobic exercise in the middle years has
you to incorporate include: been shown to greatly reduce the risk of cognitive
disorders later in life (Aamodt & Wang, 2007).
• Brisk walking (100 steps/minute)
• Dancing In short, aerobic exercise makes us smarter daily and
for the long haul, while also making us look better,
• Running
feel better, do better, and boost our mood.
• Water Fitness/Swimming
• Cross Country Skiing

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Fitting In More Physical Fitness Everyday consciously regulate, maintain, and establish
better, more consistent performance.
The many benefits of physical activity should have
us all feeling inspired to get moving. But how do we Green and Green (1977) studied autonomic
fit it into our busy schedules? Most of us are sitting function control. Their findings demonstrated
way too much. Changing this will take time and how, with training, individuals can alter their:
perseverance, but it will be worth the effort.
• Brain waves
Creating more ways to incorporate physical activity
into your work day is a good place to start. Below • Heart rate
are some strategies for doing so:
• Respiration
• Standing or walking meetings • Blood pressure
• Treadmill or standing desks • Body temperature
• Energy breaks during meetings • Other bodily processes generally associate
with the autonomic nervous system.
• Exercises at your desk like seated push ups,
seated jumping jacks, knee raises

• Joining forces to train together with colleagues

in meaningful activities. You can Race for the
Arts, Walk for the Cure, and find ways to be a
positive role model.

• Have an office mini Dance Break – take turns

picking music and coming up with cool moves.

For more ideas and encouragement, check the

Exercise is Medicine website.

Relaxation Training
Relaxation Training is a practice used to increase
While being more physically active is essential for calmness or otherwise reduce pain, anxiety,
our health, so is calming the high physiological stress or anger. Because we are often faced with
arousal that our stressful work often generates. many demands, and a deluge of overstimulation,
“Arousal” generally is not a bad thing, but here are some tools to help you breathe and relax:
arousal that triggers our stress response can Easy Belly Breath for Calming, Reorganizing,
be harmful if not “shut off.” “Arousal” is simply and Energizing. Sit in a comfortable spot. Close
the physiological and psychological state your eyes. Imagine your belly is the ocean, and your
of being awake. It is also the stimulation of breath, the waves. As the waves roll in, breathe in,
our sensory organs. Arousal is important in and as the waves roll out, breathe out. Allow your
regulating consciousness, attention, alertness, breath to be natural and easy, flowing effortlessly
and information processing. Arousal can be like the waves onto the beach. Enjoy becoming more
learned and with intention, and practice, we can relaxed, nurtured, peaceful, and clear.

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Methods of Breathing: All breaths start with a deep Positive Embodiment: Care for Your Body,
exhalation; then breathe in through the nose, and Heart and Mind
out through the mouth. All breaths are executed
with excellent posture, form, with your eyes open or “Embodiment” is a field of study dedicated to
closed, honoring the self and others. exploring and understanding the subjective
experience of the body. Embodiment has to do with
1. Complete breath/diaphragmatic breathing: things like our proprioception: awareness of our
Place one hand on your abdomen, and the other body in space, and our comportment: how we carry
on your upper chest. Slowly, and while visualizing ourselves, mentally and physically, during the day.
the lungs as 3 chambers, breathe in, and fill your
belly, chest cavity, and then the top of your lungs The hope is that this worksheet will inspire you to find
(by your collarbone, expanding the shoulders) ways to elevate your well-being for a lifetime. Taking
with air. Exhale and repeat. moments for self care and reflection are important.
So is appreciation for your self. Here are questions
2. Rhythmic breathing, & sigh of exhalation: around physical activity, embodiment, and vibrancy
Breathe in for a count of 4, hold the breath for a to consider in lovingly tending for your body, heart,
count of 7, and exhale audibly for a count of 8. and mind:
Relax and repeat.

3. 1:2 ratio: Breathe in and out fully. Breathe in for Appreciative Questions and Reflections on Your
a count of 4, out for a count of 8. With practice Body and Vibrancy:
you can change the count to 5:10, or 6:12. 1. What aspects of my body can I notice or
4. 5-to-1 count: Say and visualize the number “5: as appreciate that I may take for granted?
you take in a full deep breath in and out. Mentally 2. When do I tend to have the most energy, or feel
count and visualize the number “4,” saying to best during the day?
yourself, “I am more relaxed than I was at 5.”
Continue the countdown until you get to “1,” and 3. How can I incorporate more of this good energy
are totally relaxed. into each day?

5. Concentration Breathing: Breath of Thanks: 4. Think back to an experience when you really felt
Breathe in for 7 counts, hold for 7 counts, and good physically. What was going on during this
exhale out for 7 counts. Relax and repeat. peak time? What can I apply in my life now?

Incorporating Calming Activities at Work. Taking 5. Imagine optimal health. How does it feel? How
moments to engage in beneficial breathing is one can I create that?
way to incorporate more calming, relaxation activities
6. How might I infuse more passion and zest into my
into our work days. Others include:
life today?
• Siesta pods for a little necessary and beneficial
rest time.

• Mats for prayer, rest, or meditation Resources and References

• Availability of good, clean, fresh, (plant based) Want an Energy Boost; Making Positive Psychology
food Work: Podcast with Elaine O’Brien and Michelle
McQuaid:
• Flex, time, and shorter or variable hours

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WORKSHEET # 16

https://www.michellemcquaid.com/podcast/want-
energy-boost-podcast-elaine-obrien/
RESOURCES
Redefining True Health Care: Inaugural Summit
on Happiness Science in Health https:// Contributed by Anne Brafford
positivepsychologynews.com/news/elaine-
Book Recommendations
obrien/2018051038438
• Tom Rath, Eat, Move, Sleep
O’Brien, E. (2014). Positive fitness, movement, and
mindful breathing. In M. Snyder, Positive Health: • Tom Rath, Are You Fully Charged? The 3
Flourishing Lives, Well-Being in Doctors, (pp. 47-74). Keys to Energizing Your Work and Life
Bloomington, IN: Balboa Press.
• John Ratey, Spark: The Revolutionary New
O’Brien, E. (2016). Move2Love and Vibrancy: Science of Exercise and the Brain
Community Dance/Fitness. Women & Therapy, 39(1-
2), 171-185. Abstract. • John Ratey, Go Wild: Eat Fat, Run Free, Be
Social, and Follow Evolution’s Other Rules for
Mutrie, N., & Faulkner, G. (2004). Physical activity: Total Health and Well-being
Positive psychology in motion. In P. A. Linley, & S.
Joseph (Eds.), Positive psychology in practice (pp. • Eva Selhub & Alan Logan, Your Brain on
146-164). Hoboken, NJ: John Wiley & Sons. Nature: The Science of Nature’s Influence on
Your Health, Happiness, & Vitality
Hefferon, K., & Mutrie, N. (2012). Physical activity
as a “stellar” positive intervention. In E. O. Acevedo • David Carless & Kitrina Douglas, Sport and
(Ed.), The Oxford handbook of exercise psychology Physical Activity for Mental Health
(pp. 117-130). New York: Oxford University Press. • Wallace Nichols, Blue Mind: The Surprising
International Positive Psychology Association The Science That Shows How Being Near, In,
Chronicle of Advances in Positive Health and Well- On, or Under Water Can Make You Happier,
Being. https://www.ippanetwork.org/divisions/ Healthier, More Connected, and Better at
healthdivision/health-and-wellness-division- What You Do
publication/ • Mihaly Czikszentmihalyi, Flow: The
Aamodt, S., & Wang, S. (2007, November 8). Psychology of Optimal Experience
Exercise on the brain. New York Times. Videos
Levitin, D. J. (2008). The world in six songs: How the • Wendy Suzuki, The Brain Changing Benefits
musical brain created human nature. New York: The of Exercise, TED Talk
Penguin Group.

Dr Ding Ding et al, The economic burden of

physical inactivity: a global analysis of major non-
communicable diseases, The Lancet (2016). DOI:
10.1016/S0140-6736(16)30383-X.

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Fit Fore Golf: Dr. Elaine’s PGA, Positive Golf Activities

Contributed by Elaine O’Brien, PhD, MAPP, CPT
[email protected] | www.ElaineOBrienPhD.com

A
key strategy to help increase our daily physical times a day to reduce your risk of low back pain.
activity is to increase the physical challenge of
5. The Plank. This is a slightly advanced, simple,
activities that we’re already doing. Golf is one
but effective bodyweight exercise. Holding the
such activity that many lawyers already enjoy.
body (light as a feather) and stiff as a board
First, golf can be an aerobic activity if you play a develops strength primarily in the core—the
fast game and without a golf cart. Adding a golf muscles that connect the upper and lower body—
conditioning program is another great way to help as well as the shoulders, arms, and glutes. There
raise your fitness level. It also can improve your game are variations on this, and like other exercises and
and add yardage to your drive. To get started, below skills, it’s good to build progression.
are some stretching and strengthening moves to help
you improve your health, stability, and vitality and
also improve your game:

1. Dorsi flex: This is a simple toe tap that can

improve flexibility. It stretches the gastrocnemius
(calf) and strengthens the tibialis anterior (shin
area). This simple, but effective stretch helps us
with balance, flexibility and injury prevention. It’s
easy to do at the office, at home, or at play. Do 12
toe taps, each foot, 3-4 times per day.
6. Push-ups: Wall push ups can do these anywhere
2. Calf stretch: Put your feet parallel in a stride and boost chest and arm strength.
position with one foot in front of the other. Lower
your back heel to the floor, and hold the stretch, 7. Squat: Targeting the legs and gluteals, squats are
static (not bouncing) for 15-20 seconds. Then an excellent way to warm up your core, especially
switch. Repeat throughout the day to increase prior to stretching, and power up your energy and
your flexibility. strength.

3. Quadricep Stretch: Bend your leg gently at the In a golf swing, 33 major muscles are activated.
knee with your foot towards your buttock until Also, the nature of golf is that is a highly repetitive
you can feel a gentle stretch on the front of the activity, often at a relatively high level. Because golf
thigh. To increase the stretch, tilt your hips slightly involves core flexion and rotation in the swing, and
backwards. Hold for 20-30 seconds and repeat 3 bending over and over again and again to pick up the
times. Do this at least 3 times a day. ball (up to 200 times/game), there tend to be higher
incidences of chronic low back pain among golfers.
4. Seated Hamstring Stretch: Bring your hands Light rhythmic strength training, and stretching can
behind the back upper thigh, (not behind the help reduce the risk of aches and pains. It’s a good
fragile kneecap, but the belly of the hamstring idea to speak with your golf pro or a kinesiologist
muscle); extend your leg, and lift it up, alternately about ways you can improve your swing, and your
pointing and flexing the feet. Hold for 20-30 biomechanics.
seconds, and repeat 3 times. Do this at least 3

Lawyer Well-Being Tool Kit / Page

WELL-BEING PARTNERS APPENDIX

Lawyer Assistance Program Contacts By State

T
o make it easy to contact your local Lawyer Connecticut
Assistance Program (LAP), below is a list of Lawyers Concerned for Lawyers – Connecticut, Inc.
Directors or other leaders of the state LAPs Beth D. Griffin
whom you can contact for support with your well- [email protected]
being initiatives.

Alabama Delaware
Delaware Lawyers Assistance Program
Alabama Lawyer Assistance Program
Carol P. Waldhauser
Robert B. Thornhill
[email protected]
[email protected]

Alaska District of Columbia

DC Bar Lawyer Assistance Program
Alaska Lawyers’ Assistance Committee
Denise Perme
Deborah O’Regan
[email protected]
[email protected]

Arizona Florida
Florida Lawyers Assistance, Inc.
Arizona Member Assistance Program
Judith R. Rushlow
Roberta L. Tepper
[email protected]
[email protected]

Arkansas Georgia
Georgia Lawyer Assistance Program
Arkansas Judges & Lawyers Assistance Program
Jeff Kuester
Andre Lewis
[email protected]
[email protected]

California Hawaii
Hawaii Attorneys & Judges Assistance Program
California Lawyer Assistance Program
Liam Deeley
Michelle Harmon
[email protected]
[email protected]

California -The Other Bar

Idaho
Idaho Lawyer Assistance Program
David Mann
Ben Seymour
[email protected]
[email protected]
Colorado
Colorado Lawyer Assistance Program
Illinois
Illinois Lawyers’ Assistance Program
Sarah Myers
Robin M. Belleau
[email protected]
[email protected]

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 WELL-BEING PARTNERS APPENDIX

Indiana Minnesota
Indiana Judges and Lawyers Assistance Program Minnesota Lawyers Concerned for Lawyers
Terry L. Harrell Joan Bibelhausen
[email protected] [email protected]

Iowa Mississippi
Iowa Lawyers Assistance Program Mississippi Lawyers & Judges Assistance Program
Hugh G. Grady Chip Glaze
[email protected] [email protected]

Kansas Missouri
Kansas Lawyers Assistance Program Missouri Lawyers’ Assistance Program
Anne McDonald Anne Chambers
[email protected] [email protected]

Kentucky Montana
Kentucky Lawyer Assistance Program Montana Lawyer Assistance Program
Yvette Hourigan Michael E. Larson
[email protected] [email protected]

Louisiana Nebraska
Louisiana Judges & Lawyers Assistance Program Inc. Nebraska Lawyers Assistance Program
Joseph (Buddy) E. Stockwell III Christopher Aupperle
[email protected] [email protected]

Maine Nevada
Maine Assistance Program for Lawyers & Judges Nevada Lawyers Concerned for Lawyers
William Nugent Kristine M. Kuzemka
[email protected] [email protected]

Maryland New Hampshire

Maryland Lawyer Assistance Program New Hampshire Lawyers Assistance Program
James P. Quinn Terri M. Harrington
[email protected] [email protected]

Massachusetts New Jersey

Massachusetts Lawyers Concerned for Lawyers, Inc. New Jersey Lawyers Assistance Program
Anna Levine William John Kane
[email protected] [email protected]

Michigan New Meixco

Michigan Lawyers & Judges Assistance Program New Mexico Lawyers & Judges Assistance Program
Tish Vincent Pamela Moore
[email protected] [email protected]

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 WELL-BEING PARTNERS APPENDIX

New York Pennsylvania

Nassau County Bar Association Lawyer Assistance Lawyers Concerned for Lawyers of Pennsylvania, Inc.
Program Laurie J. Besden
Elizabeth Eckhardt [email protected]
[email protected]
Rhode Island
New York City Lawyer Assistance Program Rhode Island Lawyers Helping Lawyers Committee
Eileen Travis Nicholas Trott Long
[email protected] [email protected]

New York State Lawyer and Judges Assistance South Carolina

Program South Carolina Lawyers Helping Lawyers
[email protected] J. Robert Turnbull, Jr.
[email protected]
North Carolina
North Carolina Lawyer Assistance Program South Dakota
Robynn Moraites South Dakota Lawyers Concerned for Lawyers
[email protected] Rebecca Porter
[email protected]
BarCARES of North Carolina
Jacquelyn L. Terrell Tennessee
[email protected] Tennessee Lawyers Assistance Program
Ted Rice
North Dakota [email protected]
North Dakota Lawyer Assistance Program
Diane M. Wehrman Texas
[email protected] Texas Lawyers’ Assistance Program
Bree Buchanan
Ohio [email protected]
Ohio Lawyers Assistance Program, Inc.
Scott R. Mote Utah
[email protected] Utah Lawyers Helping Lawyers
Brook Millard
Oklahoma [email protected]
Oklahoma Lawyers Helping Lawyers
Deanna Harris Vermont
[email protected] Vermont Lawyer Assistance Program
Joshua L. Simonds
Oregon [email protected]
Oregon Attorney Assistance Program
Barbara S. Fishleder
[email protected]

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 WELL-BEING PARTNERS APPENDIX

Virginia
Virginia Lawyers Helping Lawyers
Tim Carroll
[email protected]

Washington
Washington Member Wellness Program
Dan Crystal
[email protected]

West Virginia
West Virginia Judicial & Lawyer Assistance Program
Robert E. Albury, Jr.
[email protected]

Wisconsin
Wisconsin Lawyers Assistance Program
Mary Spranger
[email protected]

Wyoming
Wyoming Lawyer Assistance Program
John B. Speight
[email protected]

Thanks very much to Sarah Smith, Associate Counsel

for the American Bar Association’s Center for
Professional Responsibility, for compiling this list.

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