Wellness Wednesday: Don’t Stresslax

It’s Wednesday, which means it’s time to discuss wellness.  Today’s topic: tips on recognizing and responding to anxiety.

I’ll cut straight to the chase: I recommend The Legal Burnout Solution: How to Identify and Manage Attorney AnxietyIt’s by Cynthia Sharp and Rebecca Howlett and appears in the latest report from the ABA’s Solo, Small Firm and General Practice Division.

I’ve mentioned Cynthia before.  I first encountered her through her work with The Sharper Lawyer. Later, I heard nothing but rave reviews for a presentation Cynthia did for the Bennington County Bar Association. Finally, I was honored that Cynthia referenced me in a post she did for the ABA Journal on how best to respond to negative online reviews.

A few years ago, Cynthia and Becky Howlett started The Legal Burnout Solution.  They’re doing good and important work.  Their piece in the GPSolo report shares great strategies on identifying and managing stress.  While I urge people to read the entire article, I’m going to highlight a paragraph that resonated with me.

I’ve often used this space to remind legal professionals to make time for interests outside the law. When Jennifer Emens-Butler was with the Vermont Bar Association, she did the same via her Pursuits of Happiness column in the VBA Journal. Well, now we can add Cynthia and Becky to the chorus — and we can introduce a new word to our lexicon!  Here’s one of their tips to manage anxiety:

  • “Have fun! On average, children laugh 300 times a day, whereas an adult generally laughs only 17 times per day. Often as attorneys, we over-prioritize our work and under-prioritize play, even to the point of ‘stresslaxing’ where we worry about what we ‘should be’ doing when we are trying to have fun. Consciously set aside time to do activities that bring you fulfillment and joy and make you laugh! Channel your inner child and do the things that brought you joy when you were younger—have a water balloon fight, go to an amusement park, play in the mud. Whatever the activity may be, give yourself permission to relax and play and just be in the moment. Laughter is medicine!”

They are so right! And I LOVE the term “stresslaxing.”

I’m terrible at practicing what I preach.  At countless CLEs and in numerous blog posts, I’ve urged legal professionals to consider not just time away from work, but time that they’re fully away from work.  For example, setting and honoring boundaries, or, making sure that vacation includes a vacation from devices.  Alas, not only do I rarely take time off, when I do, I reflexively, or perhaps compulsively, respond to work matters that, in a vacuum, I know can wait until I’m back. 

Why?  Because I constantly worry that I should be available and responding.  That’s stresslaxing. It’s not good and I know I’m not alone.

Instead, all of us should heed Cynthia and Becky’s advice:

Don’t stresslax! 

When making time for something outside the law, fully commit to enjoying it!  It is perfectly okay to do so and it is exactly what you are supposed to be doing when you’re there. Also, for you supervisors, strive to ensure that your employees know that it’s not only okay to be fully away, it’s healthy and it’s expected.

Previous Wellness Wednesday Posts

It’s healthy for legal employers to value employees as people.

In 2018, the Vermont Commission on the Well-Being of the Legal Profession published its State Action Plan.  As I blogged here and here, I’m a big fan of the recommendations made by the Commission’s Legal Employers Committee.  Among other things, the Committee stated:

  • “Legal employers, meaning all entities that employ lawyers, paralegals and legal assistants, can play a pivotal role in promoting and maintaining lawyer well-being.”

I agree 100%.  Which is one of the reasons that I’ve incorporated wellness and referred to the Committee’s recommendations for legal employers at nearly every CLE I’ve presented so far this month.  I will continue to do so, that’s how much of a fan I am of the Committee’s work.

Today, however, I’m here to share a new tip for legal employers: the more you value your employees as people instead of as revenue producers, the better for their well-being.

Says who?

Experts who asked the employees.  That’s who.

In 2020, the California Law Association (CLA) and the District of Columbia Bar Association (DC Bar) agreed to participate in a research project to study issues related to lawyers and their behavioral health.  Last Friday, the CLA announced the project’s most recent findings.  The findings are based on “research [that] examined the relationship between what lawyers think their employers value most about them, and the mental and physical health of those lawyers.”

To me, the key findings are both unsurprising and eye-opening.

As summarized by the CLA, the study

  • “found that lawyers who felt most valued for their professional talent/skill or overall human worth had the best mental and physical health. Lawyers who felt most valued for their billable hours, productivity, and responsiveness were a distant second in mental and physical health. Lawyers who did not feel valued by their employers or did not receive enough feedback to know what their employers value about them fared the worst in terms of mental and physical health. In addition, lawyers who felt most valued for their professional talent/skill or overall human worth were much less likely to report they were considering leaving the profession.”

Imagine that! Valuing your employees for their “human” worth is better for their well-being than valuing them as revenue-producers or not showing them that you value them at all!

(The findings appear in a report by the researchers that was originally published in Behavioral Sciences.1)

The researchers surveyed thousands of members of the CLA and DC Bar. Based on their responses, lawyers were broken into three groups.  Those groups, and each group’s percentage of the total were:

  • Feel valued for their talent, skill, humanity:                               62%
  • Feel valued for their productivity & financial worth:                28%
  • Don’t feel valued or receive no feedback as to value:                10%

And here’s how the researchers ranked each group’s behavioral health and risk of attrition from the profession:

  • Feel valued for their talent, skill, humanity:                               Best health, lowest risk
  • Feel valued for their productivity & financial worth:                Worse health, higher risk
  • Don’t feel valued or receive no feedback as to value:                Worst health, highest risk

For more details, check out this infographic.

According to the CLA, the “key takeaways for legal employers” are:

  • “Employers who can make their lawyers feel more valued for their skill or humanity may be able to improve lawyer well-being, reduce healthcare costs, and mitigate unwanted turnover.
  • Providing clear and regular feedback may reduce stress and improve mental health.
  • By targeting and seeking to improve maladaptive behaviors in their workplace, employers may be able to improve the stress levels and mental health of their lawyers.”

In other words, when employers make people feel valued as people, the people are healthier and less likely to leave. And while I’m no expert, my guess is that healthier employees who aren’t looking to leave make for better business.

Here’s to making people feel like people.

For additional tips on how to create a healthy work environment, check out the ABA Well-Being Toolkit for Lawyers and Legal Employers or, my favorite, the ABA Well-Being Toolkit in a Nutshell.

Wellness

1 Last year, and as part 1 of the same project that’s the subject of today’s post, the researchers released Stress, Drink, Leave: an examination of gender-specific risk factors that their findings on the factors that drive lawyers from the practice. As Bloomberg Law noted upon its release, the first report concluded that women were at a higher risk of leaving the profession for behavioral health reasons than men.

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Meet David Rocchio: The Move to Movies

Happy Wellness Wednesday!

When it comes to wellness, long-time readers likely are familiar with one of my more frequent refrains: legal professionals should make time to pursue interests outside the law.  Or, to borrow a phrase that Jennifer Emens-Butler coined when working for the VBA, “pursuits of happiness” are part of wellness.

I’m fortunate to be privy to the non-legal passions that many of you pursue.  Among the most popular, movies & film.  My friends – today’s post is for you!

This weekend marks the First Annual Vermont Film + Music Festival.  Produced by Stowe Story Labs, the Festival’s Film Program runs from Friday thru Sunday at the Stowe Cinema.  Here’s the trailer:

The Festival schedule is here. Not only is there something for everyone, but it’s also FREE!

Even better, David Rocchio, one of the founders of Stowe Story Labs, is a lawyer admitted to practice in Vermont.  Many years ago, Rocchio transitioned out of the law to pursue a long-held dream of working in film. In conjunction with the Festival, Rocchio was kind enough to agree to an interview, the latest in my series on members of the legal profession who pursue passions outside the law.  So, without further ado, I’m pleased to present the world print premiere of:

Meet David Rocchio: The Move to Movies

All typos and errors are mine.

Enjoy!

MK: David, let’s set the background.  You’re a lawyer!  I remember what I was doing when I first met you, but for the readers, share the outline of your career.

DR:  Going way, way back, I grew up in Warren, Vt., when it was a farm town with some skiers in it. I graduated from UVM in 1982 with a degree in political science and history, and my first job out of college was as a legislative aide to Jim Jeffords when he was Vermont’s lone Congressman. After three years in D.C., working for Congressman Jeffords and then Ralph Nader, which was one weird experience, I went to B.C. Law. When I graduated, I clerked for John Dooley and then went to Hale and Dorr in Boston, which I did for four years. Interesting, varied work with great people, but not how I wanted to spend my life. Jackie and I moved to Vermont and I told her then I wanted to be a writer, but it was a long turn to get there. When we moved back to Vermont in 1994, I worked as an assistant AG under Jeff Amestoy, focused on complex litigation and constitutional defense, which was terrific (and which was when I met you!). Howard Dean then hired me to be his Deputy Legal Counsel, and when Janet Ancel left, I was promoted to be Governor Dean’s legal counsel, and I served until the end of his term. That was my last job as an attorney, although for many years after I consulted on strategy, complex problem solving, and then corporate culture and cultural alignment, which I still do when I can because I love it.

MK:  An interesting and varied background! I did my first year of undergrad at BC and lived on Newton Campus. I don’t think I knew that’s where you want to law school.  I remember when you first started with the AGO – you handled the ACLU case against DOC. At the time, I was an AAG assigned to DOC.  I didn’t work on that case, but you helped me to learn a lot about how to be a lawyer.  If I’ve never thanked you for that, I apologize and, also, thank you!

DR:  You are welcome! I enjoyed the ACLU case because obviously it was wicked interesting, and Joe Winn was a joy to work with, and John Gorczyk was an incredible leader and client, but also because you were there! Always a joy working with you — at least to talk about the Sox if nothing else! And you had the tools and I was more than happy to talk with you about the cases. Just loved getting to know you and here we are nearly thirty years later!

MK: Yeah, the Sox. More on them in a bit.  So, your work for Governor Dean.  I’m intrigued in particular by two things. The first is the sort of role reversal in which the client provided the lawyer with some important advice.  The second being that the advice, albeit given long ago, is so consistent with what we talk about these days when we discuss attorney wellness and work-life balance.  Can you share your thoughts on the advice you received from Governor Dean and how, really, it was the start of a journey that you’re still on today?

DR: It wasn’t advice from the Governor, it was an order. The order was to take a six-week parental leave when our son Callum was born. At first, it was an offer, but when I said I didn’t think I could take the time, it quickly turned to, ‘you are not understanding me. You will take the time to be with your family.’ ‘Yes, sir,’ was the answer. And it was a wonderful time. Governor Dean was always focused on family wellness, and rightly so. That time with Callum was truly a joy. I don’t know if it made Callum a better human being, but it certainly made me one and I remember it almost minute to minute. And it helped me obliquely because I wrote the first draft of my first script with Cal sitting next to me in a bouncy seat. I cranked out a terrible first draft — which was 22 years ago almost to the day — and it turned into a pretty good script and almost got made — and might still one day. I should thank the Governor for that time, because it definitely lit a fuse with me. I always, from a very early age, wanted to write and make films but did not pursue it for dozens of reasons. The Governor took away all excuses. That fuse may be a long and slow burning one, but once lit it has not gone out.

MK:  What a great order by Governor Dean! I love that you mentioned your memories of the time with Callum.  I understand that, as lawyers, we have jobs to do.  But your story drives home a point I try to stress: wellness includes making time for what matters.  And family matters!  Ok, so, let’s backup.  You also mentioned your “first script” and a long-held interest in making films.  Tell us some more about that interest.  Who or what kindled/sparked the flame that lit the fuse?

DR:  My Dad.  He kindled my love of cinema, taking me past just liking being in the theater to thinking about story, about character, and what makes a film worthy of having been made. He was an English teacher, so lots of Socratic method on drives home from the Capitol Theater (back in its majestic art deco balconied-movie-palace version) to Warren. And he was not afraid to dig deep either. He took me to see The French Connection when it came out and, probably not a great idea, took me and a friend to see Deliverance for my 15th birthday. Not his best parenting decision. He started buying me books of scripts when I was very young. I remember reading Cool Hand Luke and The Hustler, which were two of his favorites, and he bought me a collection of Preston Sturges movies, which I still love and read now and then. And the movies are fantastic. By the time I was ready for college, I wanted to make films, but that path just was not available to me. I did make an awesome short for a class I took at UVM — and making that film remains one of my best memories from college — but I did not pursue it. The desire never dulled. Maybe my legal career was just deep research for projects to come. The challenge of making the turn mid-career, and with a growing family, is real but I couldn’t not do it.

MK: Did you know that I use Cool Hand Luke at CLEs?  In my experience, most disciplinary complaints are rooted in a lawyer’s failure to communicate reasonable expectations to the client at the outset of the representation. And speaking of The French Connection, your dad, and Gene Hackman’s later role in Hoosiers, I think I read somewhere that your dad was also a coach? Is that right?

DR:  Yes, my dad was a coach. He coached football for Montpelier High in the ‘60s and then coached football at Hanover High for years. He was also a Faulkner scholar and an English teacher and drama coach so had a pretty interesting and well-rounded run as a high school teacher in Vermont.  And my dad was the closest thing I had to film school. Beyond movie nights with Dad, I had no idea how to break into the industry. I did not go to film school and had no contacts in the industry. And it is a very closed industry, meaning it is relationship driven and the way to get work made is totally opaque — there is not one process or approach.

MK:  Interesting and well-rounded indeed!  I bet he taught or coached (whether on the grid iron or the stage) some future members of the Vermont bar!  Sounds like he was a wonderful mentor.  Something we could use more of the legal profession.  By the way, I don’t know anything about movies, film, or cinema, but I found a Preston Sturges quote that I love: “the most amazing thing about my career is that I had one.”  I can also relate to that!

DR:  Yes, that is a great quote. I think Preston Sturges felt really privileged to have done all he did.

MK: Here here!  Ok, back to you.  Your Dad lit the fuse, Governor Dean gave the order, you wrote your first script . . . what happened from there?

DR:         The first thing that happened with my work was that first script of mine actually did well. It started to come together as a project, but then as happens more than not it all fell apart.

So I kept writing. I wrote, produced, and directed a short film, and then another. As I developed my work, I had a simple test to determine whether I was crazy. Do the projects attract attention in the industry? Do they do well in contests and festivals? If yes, I’d keep going and if not I’d stop. They did well. I had a short film at Cannes, and it went to another very small but wonderful festival in Italy (Capalbio), and from there I was invited to markets for emerging filmmakers and did well in contests.

Just to make it easier to find like-minded souls, I started a filmmakers’ lab in Stowe in 2013 with a colleague I’d met at a workshop. That first year we had 16 New England based filmmakers. This became “Stowe Story Labs,” and by the third year we had hundreds of applicants and admitted 50 participants annually. We now work with about 200 emerging artists from around the world each year.

We run labs, retreats, ongoing mentoring programs, and online writing programs for TV and film. Participants come from all walks of life and backgrounds, and the common denominator is a good story and a collaborative nature to getting work made.

We are about to open our Tenth Annual Lab, and I continue to write and work to develop my own projects (and make short films).

The Tenth Lab will coincide with the 1st Vermont Film and Music Festival, which will bring all the elements together. Making new work, exhibiting it, and selling it into a complicated industry. Bringing the industry into Vermont I hope will incubate projects getting made here. That is an uphill battle in Vermont for lack of a film commission and tax credit program, but that’s a whole other conversation.

MK:       Wow! It seems that, in a sense, Stowe Story Labs is mentoring in action. Helping folks to learn the ropes and find their way in the business.  Is that a fair description?

DR:         The labs are 100% designed to mentor new talents. We look for people with great ideas and the capacity to work in this collaborative art. The point is to find voices that otherwise would not be heard, and we are good at doing that.

MK:       I read on the website that you “pitched” the idea of SSL.  Using the lingo, did you “pitch” it in the same sense that you and others are now “pitching” scripts?

DR:        I did ‘pitch’ the idea of the labs to David Pope, my colleague now for ten years, and it was a good pitch just like pitching a story. He adds a lot to what we do. David is very good at explaining and demystifying the complexity of story. He also gets writers to think deeply about what they are working on. I took a workshop with him at Cannes (which I did only because it was free if you had a film in the ‘short film corner’ and I had nothing but time) and we hit it off. We then met again at the Rotterdam International Film Festival (I was at the market and he runs the producers lab there) and I pitched him on the labs over Chinese food. He’s brought a lot to what we do, which is, as he puts it, ‘meaningful feedback in a supportive environment.’

MK:       By the way . . . Cannes!  To me, in film making, making it to Cannes means you’re among the best of the best? Or, at the very least, one of a select few.  Is it the legal equivalent of arguing before the U.S. Supreme Court?

DR:        Cannes was certainly the “E ticket” of festival admissions. I was so green at the time, I thought ‘I’ll send this to Cannes,’ since I knew it. Who knew what a big deal it would be to be there? Well, I guess a lot of people knew, but I did not. And it is a good film. It’s helped me advance my work. This is a long game, though, and the community of the labs makes the road a bit less daunting, and not maybe so lonely.

MK:       I love that last bit: forging a community to make the road both less lonely and daunting.  We need more of that in the law.  Especially now when, at least it seems to me, isolation and stress are driving people from the profession.  Ok – how can folks learn more about the Labs and the Vermont Film & Movie Festival?

DR:         The Festival will be terrific. It starts Friday night at Stowe Cinema at 7 PM with The Sound of Silence, which stars Peter Sarsgaard. It was produced by one of our mentors, Jonathan Duffy. Saturday and Sunday are a mix of fantastic films – docs and features – from the deep south, blocks of horror films (for those who can take it!) and short and narrative films from our alumni, and A League of Their Own, speaking of baseball, followed by a Q&A with one of our alumni who has been cast in the TV remake. The schedule is here and there’s a trailer here.

MK:      Sarsgaard is awesome! So, it seems like there’s something for everyone.  Is that the theme? Or is there a more specific theme?

DR:         The theme of the festival is ‘portraits of America’. We have chosen films showing the breadth of life in this country (with two outliers I’ll explain about below). Each film shows some aspect of the human condition and contains notes of hope or uplift.

A key element of this program is the Southern Voices strand, built in partnership with the Sidewalk Film Festival of Birmingham, Alabama. For several years we have run a narrative lab at the Sidewalk Film Festival, and we are pleased to be working with them to bring these films addressing issues such as

  • What does it mean to be ‘Southern’ in 21st Century America?
  • An examination of the efforts to bring America out of a dark past. (SNCC, Directed by Danny Lyon)
  • The struggle of high-level high school sports against the backdrop of a failing public school and all the curve-balls life throws us (Wrestle, Directed by Suzannah Hebert and Co-Directed by Lauren Belfer)
  • And just the struggles of being young in the South (Hale County This Morning, This Evening, Directed, Filmed, Edited, and Written by RaMell Ross)

And there are a dozen more ….

The two outliers are

  • Freddy Mercury: The Final Act, which is a documentary about Freddy Mercury’s struggle with aids and the groundbreaking tribute concert Queen staged in his memory. This doc was released this year. It was produced and directed by James Rogan, a Stowe Story Labs mentor (and my partner on my doc THE GUN SHOP). James and the film were nominated for a BAFTA this year and we just wanted to honor James — and Freddy — by screening it.
  • The Bootlegger, which was written by an alum and we helped develop the project. It is a Quebecois Film about a student returning to her reserve to carve a life, and chaos reigns …. Written by Daniel Watchorn

Both generally fit the theme of struggle and hope, but the stories are not based in America ….

There are also two blocks of short films, just because shorts are fun! One block features films by our alumni. The other features films from a wonderful festival called the HollyShorts Film Festival. On top of that, we are screening one block of horror shorts and a screening of The Babadook late Saturday night. The shorts are by the Nyx Horror Collective, which is a community of women writers over 40 digging deep into horror.

The entire schedule is here. And there’s music Saturday afternoon at the Alchemist (schedule is here). And the entire program is free!

MK:       Again, wow! There’s a theme, something for everyone, and it’s free! Ok.  A few final questions.  Having transitioned away from the law, do you have any thoughts or advice for members of the legal community who have similar thoughts? That is, folks who are thinking of doing something else, maybe following the dream that, like you, they had as a kid?  On the flip side, are there things you learned or skills you developed as a lawyer that helped you enter and grow in the film industry?

DR:         My thoughts on moving away from a career in law are complex. Law is a wonderful career and there is so much you can do with the degree. It is also a nice, predictable income, which film is not. For me, I took a long, slow turn away. In my mind it was like turning a large cargo ship; nothing abrupt about it and no way to turn it quickly.

Much of what I learned in my law practice is used both in my writing and the work with the labs: thinking logically, being analytical, really driving to comprehend material, seeing the way forward. Much is not useful. That same analytical thinking which helps push things forward is not a good space for creativity and pushing boundaries. For that you need to leave a lot of thoughts on process behind. For me, the best thing I did to make the move is to commit to it. I talked with my wife about the intent, I pushed some work out into the world, and slowly found myself being more of a writer than a lawyer, which was liberating for sure.

MK:       Not listening to the analytical brain can be a challenge when considering change. I get that.  What happened to the short you made your first year at UVM?  Any chance it’ll be remade by the Labs?

DR:        Ha!  I lost that film. It was a silent, black, and white cowboy movie we shot at the Webb Estate before it was restored. Was such a great experience making it and it came out great, but somehow it ended up lost.

MK:       Damn!  What about you?  What do you like to watch?  What are your all-time favorites?  And, speaking of “watching,” if memory serves, you don’t have a television. I seem to recall that you and Jackie would only watch tv once per year.  You’d go to Hanover to watch the Academy Awards . . . is that right?

DR:         You remember right! We did not have a TV for years. Now we have apple tv and stream, but still no channels. We do go each year to watch the Academy Awards at a hotel. It’s a long-standing tradition (but the show is not so good so we might stop!). My go-to movies are anything by Preston Sturges or Billy Wilder (or William Wyler — The Best Years of Our Lives is my favorite all time film). I love The Life Aquatic by Wes Anderson (and a few other Anderson films are top contenders). Another favorite is A League of Their Own, which we are screening at the Festival at 3 PM on Sunday, June 5th. The screening will be followed by an interview with an alum of our programs, Lea Robinson, who has been cast in the TV remake of the film, which will be a trans take on the thirty year old classic. Lea is both an outstanding writer and actor and we are thrilled they are part of our community.

I could write another twenty or so titles ….

MK:       There’s no crying in baseball!  Seriously though, great list.  Speaking of baseball, I cut the cord recently.  My package doesn’t include NESN. So, like you, I listen to the Sox on the radio.  Since we started this interview, they’ve lost a bunch of games to bad teams.

DR:         Yes, the Sox are driving me mad.

MK:       You should write a film about that: how mad our younger selves would be that our current selves let the Sox drive us mad even after winning 4 World Series.  Younger Us would’ve settled for ONE by now!

DR: Very good idea. I almost miss the dark days – when you could get a good seat for $10 and then move to a better one to watch Jim Rice hit into a double play. And you remind me to add Moneyball to my list of favorite films.

MK:       That made me laugh! A true Sox fan indeed. Thank you for doing this! It was great to catch-up. Good luck with Stowe Story Labs and the Festival!

DR:         Thank you! I hope people come out for the films and music. Anyone can reach out with any questions. Thanks again.

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The Wellbeing Week Wrap-up and my self-report of significant bread making violations.

Last week was Wellbeing Week in Law (WWIL). One of the goals was to encourage legal professionals to take action to improve their well-being. I’m here today to recognize the members of Vermont’s legal community who did exactly that.  And, sadly, I’m also here to self-report significant violations of the bread making code of conduct.

But first, I want to share a comment that, to me, perfectly captures the importance of tending to our own well-being.

Patty Turley is General Counsel for the Vermont State Colleges. I met Patty many years ago when we served together on the Board of Bar Examiners. Here’s part of Patty’s reply to the email I sent encouraging participation in WWIL:

  • “Hi Mike – This was such a good reminder for wellness!  It was a crazy busy week; they are all busy but this one was exceptionally crazy.   At first I thought: “It is such a busy week, I don’t have time to take this on.”  Then I decided to switch my thinking: “It is such a busy week, it is more important than ever to make time for wellness.”  It worked.  I often did 2-3 shorter activities (walks, yoga, strength-training, meditation, reading for pleasure) each day.”

Let me repeat Patty’s words:

  • “It is such a busy week, it is more important then ever to make time for wellness.”

Patty – you nailed it! Our new catchphrase should be “Busy? Then now’s the time to make time for wellness.”

Okay, turning to the bread.

During WWIL, Wednesday’s theme was Intellectual Wellbeing. The focus was on the importance of continually challenging ourselves to engage and grow intellectually. To mark the day, I shared this video of myself making bread.

The video ends before I sliced or tasted the bread. So, it fails to reveal that the final product was not fit for consumption. Therefore, this morning I recorded this video in which I self-report multiple violations of the culinary canons. In mitigation, and as this picture proves, my second attempt went much better than the first.

IMG_6838

Finally, here’s a list of the members of Vermont’s legal community who let me know that they participated in WWIL. If I forgot to include you, I apologize. Message me and I’ll update the list.

To wrap up Wellbeing Week in Law, here’s to hoping that our participation continues beyond the confines of the week itself.

Indeed, let’s make well-being a habit.

2022 Wellbeing Week in Law Participants

 

 

 

 

 

 

 

 

 

Five for Friday #253: Emotional Well-Being & The Kentucky Derby

Welcome to Friday and the 253rd #fiveforfriday legal ethics quiz!

It’s Well-Being Week in Law and today’s theme is “Emotional Well-Being: Feel Well.”  The organizers challenge us to learn to identify and manage our emotions to use them in a positive manner. In this video, and using a construct I used when coaching, I discuss emotional intelligence and:

  • accepting that we’ll experience negative emotions;
  • remembering W.I.N. when responding to those negative emotions;
  • winning our 3-feet of influence;
  • striving to be one of the 4 positives that others might need for their own well-being; and,
  • my Kentucky Derby picks.

The video references my blog post W.I.N. your 3-feet of influence. Finally, there’s still time to participate in Well-Being Week in Law.  For ideas, check out the participation guide. And, if interested, email me about your participation and I’ll include you in tomorrow’s blog post summarizing Vermont’s participation in the week’s well-being activities.

Have a great weekend!

Onto the quiz!

Kentucky Derby - Home | Facebook

Rules

  •  Open book, open search engine, text-a-friend.
  • Exception:  Question 5.  We try to play that one honest.
  • Unless stated otherwise, the Vermont Rules of Professional Conduct apply
  • Team entries welcome, creative team names even more welcome.
  • E-mail answers to michael.kennedy@vermont.gov
  • I’ll post the answers & Honor Roll on Monday
  • Please consider sharing the quiz with friends & colleagues
  • Share on social media.  Hashtag it – #fiveforfriday

 

Question 1

 At CLEs and in response to ethics inquiries, I often state “it’s broader than the privilege.”  When I do, which of the 7 Cs of Legal Ethics am I referring to?  The duty of _____________.

 Question 2

 Which appears in a different rule than the others?

  • A.  explain a matter to the extent reasonably necessary for the client to make informed decisions about the representation.
  • B.  is likely to be a necessary witness.
  • C. unless the testimony relates to an uncontested issue or to the nature and value of legal services rendered in the case.
  • D.  unless disqualification of the lawyer would work substantial hardship on the client.

Question 3

 When using the following phrases at a CLE, what am I discussing?

  • prohibited when representing the defendant in a criminal case.
  • prohibited in exchange for securing a divorce;
  • prohibited if based on the amount of spousal maintenance, spousal support, or property settlement in lieu thereof.
  • allowed in post-judgment divorce actions that involve collecting past due spousal maintenance.

Question 4

 In which of the situations below are the rules governing conflicts of interest stricter than the others?  When a lawyer:

  • A.  in private practice represents clients at a pro bono clinic sponsored by a court or non-profit.
  • B.  moves from private practice to government work.
  • C.  moves from government work to private practice.
  • D. transfers from one private firm to another private firm.

 Question 5

 I’m not positive how widespread the news is, but some of you might have learned that a draft Supreme Court opinion was leaked this week.  Discussing it during our bread debrief, the First Brother and I agreed that we were less surprised by the leak than we were that it hadn’t happened before.  Well, as it turns out, there has been at least one other instance in which a well-known Supreme Court opinion was leaked to the press prior to being released. Indeed, it involved not one, but two leaks.

First, shortly after the arguments, the Washington Post ran a story about the Court’s internal deliberations on the case. The story included a leaked memo that one justice had written to the others.  Seven months later, and a few hours before the Court announced its opinion, Time Magazine published the opinion and the details of the vote. The incident resulted in the then Chief Justice imposing a so-called “20 second rule,” a rule that a law clerk caught communicating with the media would be fired within 20 seconds.

What was the name of the case in which the opinion was leaked?

Bonus: who was the Chief Justice who imposed the 20-second rule?

Connect & Contribute

It’s Well-Being Week in Law. Today’s theme is social well-being.  The focus is on connecting with others within our communities. Doing so fosters a sense of belonging and provides us with a reliable support network, critical components of social well-being.

Many of us are part of communities both in our work and personal lives.  Examples include practice areas and interests that we have outside the law. There are many ways to contribute to those communities.  As this activity guide makes clear, it can be as easy as expressing gratitude or doing something nice for someone.

I’ve been encouraging members of the Vermont legal community to do ONE thing to participate in Well-Being Week in Law. Imagine the result if a lot of us chose a random act of kindness? Or to thank someone?

I’ll start.

Judge Colleen Brown: thank you for all you did for the Vermont bar during your tenure as United States Bankruptcy Judge. I’m especially grateful for your support for wellness related initiatives within the profession.  Happy retirement!

Karen Allen, fellow member of both the legal and running communities: thank you for letting me know about the random acts of kindness you recently decided to make part of your daily runs!

Sarah Katz: thank you for suggesting that we honor Well-Being Week in Law by going for a run from the office yesterday morning.  It was great!

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Finally, mom.  Thank you for the wave as I was filming today’s video from my deck.  And thank you for the mint plant that is on the deck.  I forgot to include it in today’s video but look forward to enjoying a few of its crushed leaves during the Kentucky Derby!

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For anyone interested in 8 more minutes of social well-being, in today’s video, I eulogize my external camera, steal an idea from one of my basketball players, share one of my favorite things about United States Bankruptcy Judge Colleen Brown, and urge us to reach out to the members of our community who no longer feel connected.

I Made Bread

Happy Hump Day!  I have big news to report.

First, my sense is that many in the Vermont legal community are participating in Well-Being Week in Law.  And now I have proof!  Congratulations to the folks at Dunkiel Saunders!  Yesterday, Melinda Siel let me know that, over lunch, the firm had a lively game of Viking Chess on the lawn and that they’re doing something related to wellness each day this week.  This makes Dunkiel Saunders the first Vermont firm or office to reach out to me to confirm participation!  True to my word, I’m here to launch them to internet fame! If you or your office/firm is participating, let me know.  I’ll post the entire list on Saturday.

And that’s not the only big news!

I am here to report that, yesterday, I made bread.  The official video chronicling the endeavor is here:

Now, I know what you’re asking yourself.  “Self, why is it big news that Mike made bread?”  Fear not my friends! I have the answer.

Today’s theme is Intellectual Well-Being.  Continuing to grow intellectually is an important component of our overall well-being. We should strive to grow both at work and in our personal lives.

For instance, at work, you might resolve to wade into a new area of law. Or, take a pro bono case in an area that you don’t typically practice. Remember, even if the area is new to you, the person you’ll help is far better off with your assistance than they would be if left to their own devices.

Similarly, in your personal life, stagnation doesn’t do much for well-being. We need new interests and challenges.  To that end, on this day during last year’s Well-Being Week in Law, I resolved to learn how to make bread.  It took me 364 days to get around to it, but I did it!  Many thanks to the First Brother for his assistance, and to Nicole Killoran and Heather Devine for supporting this project from the start and checking-in, both periodically and gently, on my, umm, “progress.”

That’s the news for today. If you’re interested participating in Well-Being Week in Law, here’s an activity guide.  Or, like Dunkiel Saunders and me, find your own thing.  After all, and as we know, well-being is personal.

As always, be well and may the 4th be with you.

Align

Welcome to Tuesday of 2022’s Well-Being Week in Law. Today’s focus is on spiritual well-being, with the key word being “Align.”  The organizers are challenging us to assess whether we are “cultivating a sense of meaning and purpose in work and life.”  One that allows us to align our work & personal lives with our values, goals, and interests.

My thoughts on the day are in the video below.  Or, you can access it here. For those who prefer to consume content via blog post, I’ve shared them below.

To me, it’s tough to assess whether you’re cultivating your values if you don’t know what your values are. So, the way I’m participating today is by taking the Values Activity Challenge. It’s an activity designed to assist people to identify their core values and think about ways to exemplify them every day.

Honestly, I was tempted by the awe walk and might build that into the run I’m going on as soon as I finish this post.  Typing of which, this post about awe, my dad, the Foo Fighters, and Nandi was one of this blog’s most read in 2021.

Last thoughts on Align & Spiritual Well-Being.

For those of you whose work lives align with your personal values, that’s fantastic and is a good sign for the spiritual component of your well-being.

For those of you who aren’t quite there yet, that’s okay. While your current position might not be the job you envisioned when you entered law school, there’s still meaning in it. Maybe not the meaning you’re seeking, but it has meaning to your clients and to your office. It also has meaning to Future You. What you do now will put Future You in a position to choose a next job that best aligns with your values. Future You will thank you for today’s efforts towards those values.

Finally, for those of you who aren’t concerned about finding meaning in work, that’s okay too! In the group discussion we had on Tuesday of last year’s Well-Being Week, I learned from other participants that it’s not uncommon not to seek meaning in work, so long as the job allows the person to pursue the values that are important to them in their non-work life. In a sense, the job’s meaning is that allows the person to find meaning elsewhere.

In short, well-being is personal.  Find what works for you.

Be well!

Stay Strong

Welcome to 2022 Well-Being Week in Law!

Today’s theme is “Stay Strong,” with the focus on the importance of our physical well-being. Here’s a video with some of my thoughts for the day.  It’s only 6 minutes and includes the story of how my fear of bees almost caused me to jump the railing and sprint away from the deck as I was setting up.

Don’t worry. I don’t ask people to run a 5K or hike the Long Trail. Rather, I encourage folks to find one thing to read, to listen or watch, or to do to improve their physical well-being. For ideas, check out this participation guide put out by the Institute for Well-Being Week in Law.  Or do your own thing! As the guide indicates, Well-Being Week in Law

  • is designed so that people and organizations can participate in any way that fits their goals and capacities. If you want to participate in multiple things every day, that’s great. But also feel free to select only a few things over the entire week that match your priorities.”

If you have an Apple Watch, Vermont lawyer Tammy Heffernan has offered to host a month-long challenge associated with well-being. Tammy set it up so that there are both team and individual challenges. Instructions on how to sign-up are at the end of this post.

Many of the guide’s suggestions can be completed in 20 minutes or less and no amount of participation is too “small” or “inconsequential.” For instance, here’s an article on how to improve well-being via better sleep habits.

Remember to include non-lawyer co-workers!

Oh! And don’t forget about prizes and fame. The Institute for Well-Being in the Law is offering a chance to win prizes by completing the 2022 Well-Being Week in Law Participation Survey.  Or, you can show your commitment to well-being by participating in the Social Media Challenge.  Finally, I will use my blog and Twitter account to mention any member of Vermont’s legal community who lets me know that they, their co-workers, or their office/firm participated, even if just barely, in Well-Being Week.

Be well!

APPLE WATCH TEAM CHALLENGE

”VT Attorney Well Being Team Challenge ”

First, download Challenges: https://challengesapp.app.link/download

Once you have the app, enter invite code: ‘cheu’ or tap on the link below to join:

https://sync.challenges.app/invite?eligibilitycode=cheu

APPLE WATCH INDIVIDUAL CHALLENGE

“VT Attorney Individual Challenge”

First, download Challenges: https://challengesapp.app.link/download

Once you have the app, enter invite code: ‘kfdk’ or tap on the link below to join:

https://sync.challenges.app/invite?eligibilitycode=kfdk

Consider participating in Well-Being Week in Law. Nothing is too small . . . and there are prizes!

Next week is Well-Being Week in Law. Conceived and promoted by the Institute for Well-Being in Law (IWIL), the event’s goals are “to raise awareness about mental health and to encourage action and innovation across the profession to improve well-being.”

I encourage you, your co-workers, and your colleagues to participate, even if only by doing something that might seem “small” or “inconsequential.”  Indeed, as we know too well, when it comes to improving the profession’s well-being, there is no step too small to help. For example, sending a “thank you” note. Surely, someone at your office has time (and reason) to express gratitude at some point next week!

Of course, Well-Being Week in Law features many additional activities and opportunities to promote well-being. Legal professionals can participate as individuals, with a friend/colleague/co-worker, or as an entire office/firm. There’s something for everyone!

And speaking of everyone, you lawyers, don’t forget to include your non-lawyer staff. They are much a part of the profession as lawyers!

Each day focuses on a different aspect of wellness:

Each Day

IWIL’s participation guide includes dozens of suggestions for each day, breaking the suggestions into things to read, things to watch or listen to, and things to do.  For instance, on Monday, legal professionals might

Or, for the legal professional who has an Apple Watch, Vermont lawyer Tammy Heffernan has offered to host a month-long challenge associated with well-being. Tammy set it up so that there are both team and individual challenges. Instructions on how to sign-up are at the end of this letter.

There are other ways to participate in Well-Being Week.

The event coincides with May being Mental Health Awareness Month. So, next week, you and your co-workers might consider the daily challenges in the 31-Day Mental Health Challenge.

In addition, I plan to host virtual discussions on Tuesday, Wednesday, Thursday, and Friday. The discussions will begin at noon and focus on the day’s theme. All are welcome. Each morning, I’ll post a link to join that day’s discussion on my blog. The videos I recorded last year provide a flavor of the discussions.

Again, the participation guide is chock full of ideas.

Finally, well-being is not “one size fits all.’  It’s personal. As the participation guide states:

Pick & Choose to Fit Your Needs

WWIL is designed so that people and organizations can participate in any way that fits their goals and capacities. If you want to participate in multiple things every day, that’s great. But also feel free to select only a few things over the entire week that match your priorities.

As I mentioned, there’s something for everyone. I encourage you to find what works for you and to encourage your colleague and co-workers to do the same.

Oh! One last thing. With participation comes reward(s)!

IWIL is offering legal professionals a chance to win prizes by completing the 2022 Well-Being Week in Law Participation Survey.  Or, you can show your commitment to well-being by participating in the Social Media Challenge.  Finally, I will use my blog and Twitter account to mention any member of Vermont’s legal community who lets me know that they, their co-workers, or their office/firm participated, even if just barely, in Well-Being Week.

Thank you for considering ways that you and your co-workers might participate in 2022 Well-Being Week in Law.

**********************************************************************

P.S. – thank you Tammy!

APPLE WATCH TEAM CHALLENGE

”VT Attorney Well Being Team Challenge ”

First, download Challenges: https://challengesapp.app.link/download

Once you have the app, enter invite code: ‘cheu’ or tap on the link below to join:

https://sync.challenges.app/invite?eligibilitycode=cheu

APPLE WATCH INDIVIDUAL CHALLENGE

“VT Attorney Individual Challenge”

First, download Challenges: https://challengesapp.app.link/download

Once you have the app, enter invite code: ‘kfdk’ or tap on the link below to join:

https://sync.challenges.app/invite?eligibilitycode=kfdk

Related Resources

Previous Wellness Wednesday Posts