1. How Wellness Affects a Lawyer’s Ethics
Baton Rouge Bar Association
Young Lawyers Section Health & Wellness Fair
Robert E. Kleinpeter April 27, 2017

3. History Lesson

11. 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

12. Positive Psychology
Designed to supplement, not replace, traditional psychological research
Focus is on health, not disease
Researches positive emotions and character traits

13. 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

15. 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

16. 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

17. 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

19. 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

20. 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

21. 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

22. 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?

23. Moral Foundations - Positive
Care
Fairness
Authority
Sanctity
Loyalty
MoralFoundations.org

24. Moral Foundations - Negative
Harm
Cheating
Subversion
Degradation
Betrayal
MoralFoundations.org

25. 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