This post discusses law and spirituality.
I begin by discussing my encounter with the realities of human suffering early on in my career.
I then call for the legal profession to consider the profound human and spiritual questions raised by the practice of law. Ignoring these questions is dangerous.
This post is part of a longer chapter in an American Bar Association book, Best Lawyer You Can Be: A Guide to Physical, Mental, Emotional, and Spiritual Wellness (2018), by Stewart Levine.
My hat is off to my long-time friend and colleague Stewart Levine for creating such a book, and persuading the American Bar Association to publish it. It is long overdue.
This is the first part of the chapter.
A second installment discusses strategies for dealing with the trauma of litigation and lawyering.
Please sign in here to receive additional excerpts as they come out.
Lawyering as a Spiritual Path, The Importance of Balance and Reflection
Chapter 2 in The Best Lawyer You Can Be: A Guide to Physical, Mental, Emotional, and Spiritual Wellness, (American Bar Assn, 2018) by Stewart Levine
Many years ago, I represented a man with multiple sclerosis in a disability-related case against a public entity. Even with his faltering voice and body, this man emanated dignity, strength and kindness. When I lost his case, I laid my head down on my desk and cried.
In a classic example of overconfidence,[i] I had not anticipated the loss. My tears were the result of having my hopes for him, and, implicitly myself, shattered.
In retrospect, I see this case as an early inkling that in the course of my career, I would confront human suffering, evil, and many other difficult facets of life. It would sometimes be quite painful.
In this chapter, I share some of my thoughts on this challenge, and how to deal with it.
Working with Human Nature: A Lawyer’s Difficult Task
It is well known that many lawyers are unhappy. Many drink. Many kill themselves.[ii]
It is certainly true that each individual’s psychological problems contribute to these tragic statistics. However, the crisis in the profession also arises out of a spiritual problem — one that relates directly to what we do as lawyers.
By “spiritual problem” I mean (1) a fundamental human dilemma, (2) that cannot be resolved solely by psychological means (3) but may be worked through or transcended through spiritual or reflective practices, perhaps in conjunction with psychological strategies.
The Crisis in the Profession as a Spiritual Crisis
Just as some in the medical profession have begun to question why their profession has historically avoided questions related to physicians’ encounters with death,[iii] it is time for the legal profession to recognize that lawyering calls into question our relationship to suffering, to each other, to life.
Like physicians who must deal with illness and death every day, lawyers routinely deal with human greed, ego and selfishness. Then, there is our own selfishness and our own egotism — perhaps the most painful parts of this dilemma. When a lawyer continually strives to “win” while others lose, human goodness and human connectedness can fade into oblivion. A person may gain the world but lose his soul.
[i] I have spoken and written extensively on overconfidence, and other issues of “face,” self-esteem and self-identity in conflict resolution. For example, see my article, “The Psychology of Mediation: Issues of Self and Identity and the IDR Cycle,” 10(2) Pepperdine Dispute Resolution Law Journal 183 (2010), and my article, The Psychology and Neurobiology of Mediation, 17(2) Cardozo Journal of Conflict Resolution 363 (2016). For a full list of publications, see http://www.elizabethbader.com/publications-list/
[ii] See Rosa Flores and Rosa Marie Arce, “Why are lawyers killing themselves?” http://www.cnn.com/2014/01/19/us/lawyer-suicides/ (January 20, 2014).
[iii] See Altul Gawande, What doctors don’t learn about death and dying, on Ideas.Ted.com, available at http://ideas.ted.com/death-and-the-missing-piece-of-medical-school/ October 31, 2014.
I was looking forward to reading what you had to say but then the text stopped abruptly without advancing anything. I have signed up for the excerpts as they come through and hope there will be a great deal more to consider and think through. As a lawyer I work with Restorative Justice, specialist mediation in family law and therapeutic jurisprudence which are areas which can address the human aspects of practicing law. As for the rest of law itself, one is hide bound to follow a set of technical rules to arrive at the outcome. These rules require you not to judge anyone or anything. I presume your continuing text will address how lawyers can manage this aspect of their work?
Thank you for visitng Lyn!. Here are two posts which deal with judgment. If you feel open to it, I would love to have your own sharing(s) on this crucial issue.
http://www.elizabethbader.com/elizabethbadersblog/the-superego-in-spirituality-and-conflict-resolution/
http://www.elizabethbader.com/elizabethbadersblog/superego-inner-critic-mediation/
Elizabeth
Dear Elizabeth, thanks for posting this. I just ordered a copy of the Levine book from interlibrary loan. Lawyers face an existential crisis because we face it in our culture and because lawyers as fixers are supposed to be able to do something about it. But what about healing? I think there is some space for that, but where to create it for our clients and for ourselves and this system of ours? Very little of our system is about finding or restoring wholeness and it is relegated to “remedies”. Looking forward to reading more!
Thanks Barb… I love this point of yours: “Lawyers face an existential crisis because we face it in our culture and because lawyers as fixers are supposed to be able to do something about it.” Re: healing, what a complicated issue that can be. I do think we can heal but only if we are willing to face the realities of the situation, and our role in it, and if we have the inner resources to do it. That’s a tall order….Elizabeth
This explains so much, for me, about your journey. Lovely that Stu is still a part of your life! Go Bard, go Bader.
So lovely to hear from you Barbara… Much love to you… E
PS: The Stewart in question is a longtime friend, but not someone we would have known years ago…But your good wishes for me are the important thing… I am so touched…
Brilliant! Thank you Elizabeth. I have sensed this dynamic, but not had the impulse or capacity to articulate it. Now, after reading it, it seems profoundly important and I’m really glad you named it.
Thank you so much Deborah! I really appreciate the encouragement. I am afraid that even some of the more advanced in the legal profession are not quite ready for this type of approach. Nice, though, that the ABA has published it…
Of course, this basic dynamic is applicable outside law, as for example, with your profession as well…I do think lawyers may be more resistant to this kind of thinking. On another note, I wonder what these lovely sounds are on your website? Please let me know here or at elizabeth@elizabethbader.com…
just recorded chimes and bells! Thank you!
xo
Lovely Deborah!