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

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 According to Seligman

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 Care Fairness Authority Sanctity Loyalty MoralFoundations.org

Moral Foundations - Negative Harm Cheating Subversion Degradation Betrayal MoralFoundations.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