pp4l banner
pp4l banner

book cover

 

If you'd like to feel younger and have more energy ...

If'd you'd like to be more focused and productive ...

If you'd like to dial down pain, worry, and stress ..

You can learn to Feel Better All the Time.

 
Lawyers Hallie N. Love and Nathalie Martin teamed up to write “Yoga for Lawyers: Mind-Body Techniques To Feel Better All the Time” published by the American Bar Association. 
Love, a therapist certified by the International Association of Yoga Therapists, is also licensed in Positive Psychology with former Harvard professor and NY Times bestselling author Dr. Tal Ben-Shahar. She practiced law for several years, and has helped thousands with yoga therapy for over 20 years. In her Positive Psychology for Lawyers courses, she uses techniques from the book as well as exercises from practical neuroscience, positive psychology, and iRest®.
The audios that Hallie authors afford practitioners Stress Reduction and Better Sleep.

Buy The Book

A progressive approach to resilience for lawyers addresses the “whole person.” This creates equilibrium in the body and mind. It boils down to creating a resilient brain, a resilient nervous system, and a resilient mindset, and it starts with the kind of core well being that optimizes the brain’s executive functioning, emotional regulation and impulse control, and reduces the brain’s ancient survival functions. It’s a sustainable homeostatic state...


Read the article...

Legal work is replete with stress. at’s a given, but what is not as well understood is that secondary traumatic stress, also known as vicarious trauma or compassion fatigue, is a high occupational risk for lawyers.
 


Read the Article ...

What is Secondary Trauma?

Consider immigration and civil rights attorneys, public defenders, prosecutors, juvenile justice attorneys and family law attorneys (just to name a few) who are barraged on a daily basis with stories of traumatic hardship or violence. Many attorneys, day in and day out, directly observe their clients’ pain, fear and terror as they listen to accounts of adversity and suffering. Many attorneys read stacks of heart wrenching reports of traumatic events, or view endless graphic evidence. The cumulative direct exposure to others’ trauma can result in emotional duress to the lawyers and judges and other legal personnel who work with traumatized populations.

When lawyers are continually called on to support their clients and listen to their traumatized clients’ feelings and experiences it is nearly unavoidable to not take in some emotional pain. Further, lawyers are obliged to control their reactions so they often maintain an image of toughness, or seek to appear unruffled as a stronghold of calm. They often feel a responsibility to fix their clients’ trauma, conceivably by winning, even when they have no control over the outcome. Imaginably they may feel guilt when the outcome is not positive. To make matters more difficult, lawyers’ high caseloads mean the exposure to trauma may never let up.

Under these conditions it’s not surprising that some lawyers empathize with, internalize, and to some degree, experience their clients’ feelings of fear, hopelessness, anger or rage. Secondary trauma can create within lawyers a state of psychological tension and preoccupation. Some may experience disturbing images from cases intruding into their thoughts or dreams, and they may experience intense emotions alongside these images. Another area of concern is that a lawyer, having been triggered by secondary trauma, may find him/herself re-experiencing personal past trauma memories.

Leading trauma, emotional intelligence, and resilience authorities agree that emotional residue from trauma gets lodged in the brain, body and nervous system. A brain response is the uncontrollable hair trigger for emotional hijacking. Body responses may be physical and emotional exhaustion, stomachaches, headaches, nausea, and a variety of physical illness. Nervous system responses may include feeling upset, on edge, or powerless and hopeless.

Secondary trauma can produce extreme imbalances in the autonomic nervous system, whereby one can get stuck in a neurochemical deluge of fight, flight, freeze, or shut-down physiology. Some nervous system symptoms of secondary trauma mimic post traumatic stress disorder. These common symptoms include: anxiety, feeling emotionally overwhelmed, depression, insomnia and other sleeping problems, concentration problems, memory problems, feeling numb, feeling agitated and prone to anger, or hyper-vigilant and viewing the world as inherently dangerous.

Further, attorneys may begin to question their own competence or efficacy. With lower self-esteem and PTSD-like symptoms producing problems in work and personal relationships they may further spiral downward and be at risk for self- medicating and substance abuse. And, of course, all these responses to trauma result in less productivity and less effective representation.

While it’s true that secondary trauma may be nearly unavoidable in some legal fields, it’s important to understand that it is a logical response to the job. It is also vital to recognize that using prevention strategies can help you cope with your feelings and support your nervous system to mitigate this trauma.

Those that chronically endure the effects of secondary trauma without fortifying themselves against its effects or treating it may experience debilitation that forces them to stop working or leave the field of law.

How Can Lawyers Prevent Secondary Trauma?

The types of tools for resilience training offered by the science of positive psychology can help prevent secondary trauma. “Resilience Training for Lawyers” will be the focus of a companion article in the Bar Bulletin Positive Psychology series, available in the near future. For now, here’s a brief overview of resilience:

Resilience is the process of adapting well in the face of adversity, trauma, tragedy, threats or significant sources of stress. It means, “bouncing back” from difficult experiences.

Resilience training focuses on developing awareness of thoughts, emotions, behaviors and physiological responses (usually with mindfulness training) so you can self-regulate and change those thoughts, emotions, behaviors and physiology to achieve a desired positive outcome. Other important aspects of building resilience include a strengths-based focus in order to be more engaged, overcome challenges, and create a life aligned with one’s values. Resilience is also significantly enhanced when one is able to cultivate close relationships, acquire the ability to look at situations from multiple perspectives, think creatively, develop optimism, and practice mind-body techniques that keep the autonomic nervous system in balance.

To prevent the long-term, deleterious effects from secondary trauma, it is advisable to conduct periodic self-assessments to determine if you are beginning to experience depletion, and to create an effective action plan.

Here are several effective preventative elements to incorporate into your life:

  • Resilience training
  • Self-care such as vacations, work breaks, exercise, healthy eating, quality sleep, hobbies or activities outside work and connection with friends and family;
  • Regular use of stress-reduction techniques such as yoga, meditation, mind fulness, breathing exercises, body sensation scans and deep nervous system relaxation to turn off the fight, fight, or freeze nervous system response;
  • Wherever possible have a reduced or diverse caseload, a holistic approach to work that includes overall life quality, and the ability to debrief with others who are knowledgeable and supportive of how you think and feel and how you are affected;
  • Professional assistance, when necessary, is an additional avenue to increase well- being and resilience.

Treatment

It is now well understood that trauma affects the nervous system and that residue from trauma continues to affect neurophysiology even after the traumatic event has passed. To move the absorbed trauma out of the body, trauma experts agree that body-based techniques are key strategies.

Here’s how trauma can get lodged in the body: people who have experienced trauma often have continued autonomic nervous system and hypothalamic-pituitary-adrenal activity from the initial trauma. This is because a traumatized individual’s brain doesn’t distinguish between past trauma and present peril. The brain continues to indicate danger, and individuals feel body sensations from the danger long after the initial traumatic occurrence. Some body sensations may feel frightening—for example, a knot in the belly, breath-limiting tension or heart-pounding in the chest, a constricted throat, pain or thick fog in the head, the need to fight, take flight or freeze. Individuals can also experience hypo-arousal where they numb out, shut down or dissociate. If frightening sensations aren’t given time and attention to move through the body and resolve or dissolve, individuals may continue to be traumatized.

Body-based therapy provides lawyers with safe, natural tools to manage and neutralize the physiological symptoms and body sensations related to trauma. Body-based therapies heal the fight flight-freeze-collapse nervous system response and create a feeling of safety in the body whereby individuals can attain a calm and peaceful mind, experience emotions in a healthy way, feel a sense of strength, control and efficacy, and thereby begin to alleviate the malady.

Traditional talk therapy can help with insights, but when one digs up memories and relives the event by retelling the story, it can reignite the agony without undoing the effects of dread, anger, powerlessness, or depression contained within the body. This is one reason that individuals with PTSD-like symptoms respond well to body-based therapies coupled with psychotherapy.

A three-year yoga and trauma study funded by the National Institutes of Health found that participation in trauma-informed yoga significantly reduced PTSD symptoms in women with treatment-resistant complex PTSD

Integrative Restoration® Yoga Nidra (iRest) is a proven body-based approach used by that the military, VA centers and countless other civilian organizations to overcome trauma. As iRest founder Richard Miller explains,

“It works directly by changing sensory, cognitive and emotional symptoms that keep PTSD in place. It’s shown to bring about deep relaxation while also producing healthy changes in the structure of your brain, stimulating healing and tissue repair, providing you self-care skills for changing negative emotions and thoughts into positive ones... to restore an inner sense of ease and well-being.”

What is Post Traumatic Growth?

People who endure psychological struggle following adversity often see positive growth afterward. As part of treatment for trauma, it’s valuable to be aware of post-traumatic growth as a possibility. is is because if all you know is post-traumatic stress disorder and you have some horrible occurrence where you think you’re going down a slippery slope, the symptoms will worsen. If instead, you understand that a typical response to trauma is resilience, that given time you may be stronger as a result of what you experienced, and that it’s also possible to experience growth, the downward spiral can be stopped.

Psychologist Richard Tedeschi, professor of psychology at the University of North Carolina, and Harvard psychologist Richard McNally, created a course taught to US Army soldiers on post-traumatic growth that begins with the wisdom that positive growth and personal transformation following trauma comes from a renewed appreciation of being alive, enhanced personal strength, acting on new possibilities, improved relationships, and spiritual deepening (“spiritual” meaning belonging to or serving something larger than the self).

Conclusion

In conclusion, enhancing resilience can help prevent secondary trauma, and body-based therapies can help heal secondary trauma. It is important to take care of yourself in order to not become a victim of secondary trauma. Secondary trauma can cause debilitating physical and emotional symptoms as well as functional impairment such as difficulty solving problems, increased errors, and low motivation or productivity that interferes with effective legal representation and negatively impacts the legal profession.

Remember, in order to effectively advocate for your client—you need to effectively care for yourself first

This article, third in an occasional positive psychology series, examines the consequences a lack of sleep plays in attorney professionalism and productivity, the bene ts of healthy sleep and tips for getting the best sleep possible.

Lawyers are among the most sleep-deprived professionals in the country, and have rates of depression, burnout, substance abuse, and suicide that are two to four times higher than the national average. 


Read the article ...

What is the correlation between sleep and attorney well-being?

Most of us are sleep deprived. In a high-pressure career with its grueling schedule, we are likely to sacrifice sleep to get ahead. But sleep is not an indulgence. Skipping it can seriously hurt cognition, health and well-being. A good versus bad night’s sleep is one of the biggest dfferentials you can have in your work and quality of life.

Lawyers’ well-being and success depend on optimal mental activity. The recent documentary “Sleepless in America” showed that sleep deprivation impairs decision-making, communication and memory by 20–50 percent; additionally there is a 40 percent de cit in the capacity of your brain to concentrate, focus, learn and retain.

There is a link between sleep and health. Sleep elevates mood, provides access to positive emotions and resiliency and pro- vides a buffer against daily stressors. Further, circadian neu- roscientist Russell Foster found that mental illness and sleep are not simply associated; they are physically linked within the brain. The correlation between sleep and physical health is also strong. Since lawyers are susceptible to stress-related illnesses, sleep, a potent stress-buster and immune-booster, is an important safeguard.

What role does sleep play in attorney professionalism?

Sleep studies show that individuals who work through the night have the same cognitive impairment as being legally drunk.Lawyers cannot be at their best professionally or ethically if they are intoxicated at work and similarly, being sleep deprived may put you at professional risk.

Sleep ties into the ability to make good decisions. Sleep science proves that when you lack sufficient sleep you have poor memory, increased impulsiveness and overall poor judgment, which puts you at risk for attorney misconduct.

Lawyers' success requires rational and civil behavior at all times, and sleep is key to emotional regulation. With a good night's sleep you have the resources to think and plan your responses rather than react in stress. Indeed, excessive emotional reactivity, irritability, moodiness and disinhibition are some of the first signs a person experiences from lack of sleep. These emotions and more severe ones like anger or hostility do not bode well for civility required in the Creed of Professionalism.

Alcohol abuse is a familiar problem in the legal profession. Sleep is positively related to self-control resources, which may aid in the prevention and treatment of addictions including alcohol and other substance abuse.

Not surprisingly, when there is such a build up of fatigue that you reach a threshold, you may spontaneously fall asleep due to a substance in the brain that drives the need to sleep. For lawyers, this can have embarrassing or even far-reaching repercussions. In a "sleeping lawyer" case, a complaint based on the constitutional right to an attorney, was filed against an attorney who fell asleep numerous times during his client's legal proceedings.

How much is enough sleep? What processes happen during sleep? How can lawyers achieve restful sleep?

Sleeping pills and alcohol don't solve the problem. The currently available sleeping drugs impair motor coordination, attention, and memory well into the following day, and alcohol does not provide real sleep. It is a biological mimic that sedates and impairs important neural processing (important for memory consolidation and memory recall) that happens during sleep. With alcohol you may fall asleep quicker, but it also interferes with deep restorative sleep, resulting in not feeling refreshed the next morning. Additionally, as the body begins to metabolize the alcohol, increased wakefulness often occurs.

The National Sleep Foundation recommends seven to nine hours of sleep per night for the average adult. When sleep is less than seven hours there is an escalation in obesity, diabetes, cancer, Alzheimer's disease, cardiovascular disease, depression and substance abuse, according to the top researchers in sleep science.

Further, according to a two-week sleep study by David Dinges, Ph.D., Professor of Psychology and Chief of the Sleep and Chro- nobiology Lab at the University of Pennsylvania, subjects who slept six hours per night were as impaired as individuals who (in a different study) tested at the cognitive equivalent of legal intoxication after being deprived of sleep for 24 consecutive hours. Another key finding was that sleep-deprived people are poor judges of their own sleep needs, i.e., people who slept four or six hours per night said the sleepiness did not affect them, when in fact their performance had "tanked."

Some crucial psychological and physiological processes that happen during sleep are:

Your brain reviews the day, processing memories and storing im- portant things in "files." This procedure results in waking refreshed with renewed resources to deal with daily stress. Without this process, you wake up with unresolved tensions and less resilience.

Important body maintenance during sleep related to digestion, cell repair and growth as well as functions related to blood sugar, blood pressure, metabolism, and immunity occur. Without this critical maintenance, the body is in stress mode and more sus- ceptible to diabetes, cardiovascular disease, obesity and cancer.

During sleep the brain clears out toxic chemicals that are byproducts of neural activity. A protein associated with Alzheimer's that researchers believe causes brain cell death accumulates in the brain, and clearance of that toxic substance is greater during sleep than wakefulness. This finding has led certain researchers hypothesize that the flushing out of this protein is one of the most important functions of sleep.

Components that help you transition into sleep:

  1. A biological timer in your brain counts the number of hours you have been awake, and the longer you are awake the sleepier you get.
  2. This timer needs to synchronize with the circadian rhythm clock in your brain which is reset every day with light. In bright light (including blue light from electronic devices) your body wakes up. In the absence of light, nerve cells at the backs of your eyes send signals to your brain to produce melatonin, which makes you feel sleepy.
  3. You need a calm mind. This is often the most challenging element for lawyers because we are so overwhelmed with deadlines and oppressive “to-do” lists that we have trouble shutting o our brains. Meditation and deep relaxation are o en the best answers to ipping the switch and falling asleep. Even if you fall asleep when your head hits the pillow (perhaps because the physical need for sleep is so overwhelming), without a calm mind, you may sleep for one to three hours, but then your mind breaks through and you wake up thinking or ruminating, and then have trouble getting back to sleep.
  4. It’s best to not take emotional issues, reoccurring thoughts and stress to bed. Daytime techniques such as positive psychology exercises or meditation (described in prior “Positive Psychology for Lawyers” articles published in the Bar Bulletin), or short naps (eight to 10 hours after waking and no more than 30 minutes long so as not to reset your “biological timer”) or “nap alternatives” such as iRest®, www.iRest.com (also described in a prior article) or restorative yoga may help you relax or resolve disturbing issues during the day so they don’t affect your sleep.

To help get restful sleep, make a habit of these "sleep hygiene" practices:

  • Keep your bedroom a haven for sleep, as dark as possible and slightly cool
  • Avoid blue light and reduce light exposure an hour before bed. The brain mistakes it for sunshine and time to wake up.
  • Don't drink caffeine late in the day.
  • Try to have a consistent sleep-wake schedule.
  • Try to have a consistent sleep-wake schedule.

Conclusion

Sleep science proves that sleep is not an option. Just as we need food, water, and air, su cient sleep and quality sleep are important. You may be a “work now, sleep later” kind of person or have an “I don’t have to sleep” mentality. However, you need to take sleep seriously.

Good sleep increases your concentration, attention, ethical decision-making, and mental and physical health. At the same time it reduces stress, hostility, impulsivity, and the tendency to drink and take drugs. You can’t cut corners on sleep and have it not a ect you. You benfit tremendously from those restorative hours in the dark.

Endnotes

  1. Williamson A, Feyer A. Moderate Sleep Deprivation Produces Impairments in Cognitive and Motor Performance Equivalent to Legally Prescribed Levels of Alcohol intoxication. Occup Environ Med. 2000 October; 57(10): 649-655
  2. www.scienceworldreport.com, July 2, 2015, “Sleep: Too Little May Cause Loss of Self Control”; also www.harvardbusinessreview.org, October 2006, “Sleep Deficit The Performance Killer”
  3. aasmnet.org, “Sleepless in America”, Documentary, American Academy of Sleep Medicine, December 2014
  4. aasmnet.org, “Sleepless in America”, Documentary, American Academy of Sleep Medicine, December 2014

About the Author

woman arms crossed
 
sidebar_2
 
sidebar_3
 
sidebar_4