How Wellness Affects a Lawyers Ethics Baton Rouge
How Wellness Affects a Lawyer’s Ethics Baton Rouge Bar Association Young Lawyers Section Health & Wellness Fair Robert E. Kleinpeter April 27, 2017
History Lesson
Honesty/Ethics in Professions Nurses Doctors Lawyers Car salespeople Congress 0% 10% 20% 30% 40% 50% Percentage Rating 60% 70% 80% 90%
The Science of Satisfaction § Neuroscience – new technology and the study of brain chemistry § Evolutionary Psychology – studies how the reproductive advantages and disadvantages of different emotional reactions to events shaped our development § Positive Psychology – cognitive and social psychology which explores how geography, relationships, and careers affect us
Positive Psychology § Designed to supplement, not replace, traditional psychological research § Focus is on health, not disease § Researches positive emotions and character traits
Why Lawyers are Unhappy § Pessimism § Low decision latitude § “Zero-sum game” nature of the job § Internal values are not aligned with work
Pessimism v. Optimism § The difference is “explanatory style” § A pessimist views bad events as pervasive, permanent, and uncontrollable § An optimist views bad events as local, temporary, and changeable § In all endeavors pessimism is a bad trait, except for law
Pessimism § Major risk factor for depression § Lawyers cannot easily turn off their pessimism (prudence) at home § Thinking like a lawyer is fundamentally negative – it’s critical, pessimistic, and depersonalized
Low Decision Latitude § Decision latitude refers to the number of choices one has § Occupations that involve little or no control are at risk for depression and poor physical health § High job demand with low decision latitude means more coronary disease and depression
Zero Sum and the Adversary System § The adversary system is a classic zero sum game § Lawyers are trained to be aggressive and compete in order to win at trial § Generating negative emotions in an adversary setting can create lawyer demoralization
Optimism § Learned optimism – you can employ a “disputing technique” § Identify catastrophic thoughts § Treat thoughts as if said by a third person whose mission is to make your life miserable § Marshal evidence against catastrophic thoughts
Remedies to Low Decision Latitude § Combination of high pressure and low decision latitude causes negative health effects § Try to increase personal control over work § More substantive training, mentoring, team involvement, client contact § Using signature strength of attorneys
The Adversary System § Reflects values of individual rights and natural justice § Promotes control by the parties § Lawyers preserve and enforce these rights and serve the public by doing so § Can lawyers participate in the adversary system without generating conflict on a personal level?
Moral Foundations - Positive 1. Care 2. Fairness 3. Authority 4. Sanctity 5. Loyalty Moral. Foundations. org
Moral Foundations - Negative 1. Harm 2. Cheating 3. Subversion 4. Degradation 5. Betrayal Moral. Foundations. org
Increasing Lawyers’ Satisfaction With Work § Find work that interests you § Align your work with your values § Balance your work and the rest of your life § Deepen workplace relationships § Savor the small pleasures
- Slides: 26