Annual Conference Report-Ways to Cope in Practice Management - Litigation Committee newsletter article, April 2020
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Mike Fandel
Miller Nash Graham & Dunn, Seattle
24 September 2019
The session was chaired by John P Bang (Bae Kim & Lee, Seoul), who moderated a panel that included Christopher Tahbaz (Debevoise & Plimpton, New York), Frederick Acomb (Miller Canfield Paddock and Stone, Detroit), Anna Grischenkova (KIAP Attorneys at Law, Moscow) and Amit Garg (Singapore International).
John Bang introduced the topic by discussing the well-known stresses that accompanies our profession. Despite the prevalence of professional stress it is rare to find an organised effort to deal with it. Most work it out on their own by osmosis. That approach works for some but not for others. The panellists have discovered ways to deal with professional stress in their practices and will offer some insight into the techniques they have developed.
Chris Tahbaz began the discussion by addressing Big Law responses to lawyer mental health issues. He cited sobering statistics about the prevalence of mental pressures among lawyers and emphasised the need to develop systems to balance the external and internal pressures we all face so that good mental health can be maintained. He discussed three key building blocks noted by consultant Bill Mitchell: (1) protecting physiology (exercise, sleep, good habits etc); (2) making healthy choices; and (3) maintaining a positive mind-set.
Chris pointed out that, from a firm management perspective, enhancing employee mental health is not just a humanitarian exercise. It is also a matter of risk management. There is a high percentage of depression and anxiety in our profession and it is often ignored because of the social stigma associated with mental illness. But depression affects judgement in a way that those affected by it may not even realise, so promoting mental health can avoid costly professional mistakes.
Big firms have begun to make resources available to promote healthy ways of dealing with stress and anxiety. Best practices include encouraging people to talk about their stress, destigmatising mental illness, improving connectivity and collegiality, and training colleagues to look for warning signs. Some firms have launched branded wellness campaigns, deemphasised alcohol at social events, and appointed directors of wellbeing.
Fred Acomb followed Chris and related how he has learnt the value of meditation and mindfulness since joining a Buddhist temple. Meditation has helped he understand the impermanence of stressors we all face at work, making him a less reactive and more calm and composed lawyer. Fred took the audience through a brief meditation exercise, encouraging them to relax and clear their minds.
Anna Grischenkova then spoke of how she applies her interest in psychology to her litigation practice. Anna discussed three aspects of psychology that she relies on. The first is storytelling: storytelling triggers the brain to create memorable pictures, making impressions that stick with the listener. The second is the power of first impression: initial reactions are important because they often set the stage for how a judge or factfinder interprets evidence and arguments that follow. The third aspect she called the IKEA effect, which involves getting a judge to reach his or her own conclusion that supports your case. If the judge comes to the conclusion on his or her own those conclusions will be more enduring and significant. Anna admitted that her focus on psychology comes from a need to ‘control everything’, which she acknowledged may tend to enhance rather than relieve stress in her practice.
Finally, Amit Garg provided advice on dealing with stress as a testifying expert, including fear of forgetting, apprehension about cross-examination, and concern about mistakes. Amit’s main message was to ‘keep calm and know your stuff’. In preparation, emphasise what truly matters. Focus in key areas of disagreement and know your weak points. Always bear in mind your role in litigation: you’re there to help the tribunal. These issues and words of wisdom apply equally to lawyers.
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