This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Law Practice

Aug. 14, 2020

How attorneys can mind their well-being during the COVID pandemic

Unfortunately, the one hour of MCLE on competence that we are required to complete every three years does little to prepare us for the long-term, sustained levels of stress that we are experiencing.

Fernando Flores

Law Offices of Amy Oppenheimer

Fernando is an attorney, workplace investigator, and high-performance coach. He conducts impartial investigations of employment complaints of alleged harassment, discrimination, retaliation, bullying, and other workplace misconduct. Fernando also conducts workplace trainings and coaching in English and Spanish. Prior to joining the Law Offices of Amy Oppenheimer, Fernando worked as a litigator and trial and appellate lawyer for the California labor commissioner. In addition, Fernando brings expertise in stress-management and emotional intelligence through his wellness business called Health and Wellness University.

As a trial and appellate attorney for more than a decade, I was well acquainted with -- and even thrived on -- the pressures of the job. High-stakes litigation and trial preparation came before caring for my own physical, mental and emotional well-being. I recall skipping meals and staying up late in preparation for court appearances. From my hundreds of hours of high-performance coaching, I know this is true for most attorneys.

My disregard for my own health changed when two family members died of heart disease within a short period of time. Those losses led me to turn the mirror on myself and closely examine habits that were hampering my well-being. Self-reflection was not easy, but it was life changing.

I realized that I lacked the tools to manage stress effectively: I did not exercise consistently, I went to happy hours almost on a weekly basis, I did not eat healthy foods, and I was not sleeping well. I saw how these habits were negatively affecting my health, and I wanted to turn things around. I needed to make a change.

At the time, I was a very successful attorney, advocating for my clients to achieve their desired litigation goals. But when I began to study my health habits, I learned that my greatest levels of service to my clients stemmed directly from my ability to nourish, rest, center and replenish myself. And I found that when I took care of myself, I represented my clients more powerfully. I showed up with more energy, focus and compassion.

When I started my health and wellness journey, I did not realize the compound effect that small steps would have over a long period of time. I decided to commit to my own well-being. I worked on improving my health habits -- one habit at a time, one day at a time.

Fast-forward four years: The pandemic has created stressors bigger than any of us have ever faced. We are dealing with pressing concerns over our own health and fear that our parents or health-compromised loved ones will contract COVID-19, as well as other smaller, practical issues: (1) lacking a professional work area; (2) working longer hours and burning out from long hours of technology usage; and (3) balancing new family duties with work.

Unfortunately, the one hour of MCLE on competence that we are required to complete every three years does little to prepare us for the long-term, sustained levels of stress that we are experiencing. Some efforts have been made to address mental health in our profession, but in my view, more needs to be done.

I thought I was alone in wanting to make a shift but soon found that almost every attorney with whom I spoke experienced some form of detachment from themselves or their work. Stressors have only intensified in the past few months. Because all of us can benefit almost immediately from what I have learned, I am sharing some practical tools from my own wellness journey to help you manage stress and avoid occupational burnout.

First, start with awareness. Stress is a daily part of our lives. But recognizing the difference between short-term stress and chronic stress is an important first step in well-being. Not all stress is equal. Short-term stress is perfectly fine and can even help you accomplish a task. Unmanaged long-term stress , on the other hand, is a drain on your health, your work and your relationships.

Here is the interesting thing about chronic stress: It announces itself. You can feel chronic stress if you pay attention to what your body is telling you. Whether through headaches, back pain, neck pain or wrist pain, chronic stress has a physical component -- a sort of "check engine" light, if you will. If our car's engine light flashes, we take care of it fairly promptly, but we rarely give our bodies the same maintenance. In fact, although your body may be telling you to pull into a rest stop, most people react to stress by trying to work even more hours to get more done.

Try this four-step process instead: (1) Write down the issue/problem that is causing you stress. (2) Write down three potential solutions to the problem. (3) Select one of the potential solutions and break it down into steps. (4) Ask yourself, "What one step can I take today or tomorrow to move that solution forward?" Exercise helps in managing stress, but with our work, we have to notice the root stressor and manage that inner dialogue and conversation. Rather, attorneys tend to ruminate over the stressors. When a problem arises in one of our clients' cases, we will not stop thinking about it, often without successfully resolving it. This four-step process can help you move into a space of action.

Second, practice gratitude. It can be incredibly easy right now to forget how privileged and lucky we truly are. Less than 30% of the working population can earn an income while working from home. If you have family members that you can talk to, connect with and embrace, this can provide a strong source of gratitude. For example, I spend five to ten minutes every morning thinking of 30 to 40 things I am grateful for in my life. I challenge you to try that for the next 30 days. From the comfort of your bed, as soon as you wake up, sit up, close your eyes, and let the first 10 to 15 things you think about be things that you are grateful for in your life.

Third, unplug. About 85% of the population in the U.S. checks their phone within 15 minutes of waking up. Join the other 15% and take just 15 to 30 minutes at the start of the day to focus on your own well-being, to exercise or meditate or to just sit quietly before you tune in to a screen. For those of you who are taking care of small children, you can have them join you in this space of peace and serenity, regardless of their age. Children feel their parents' energy. Even if you only have 10 to 20 minutes with your children in the morning, build a short breathing or exercise practice, as it can help you connect with them, and yourself, in a more powerful way.

Fourth, be mindful of your ergonomics. Making the switch to working from home was not easy for many people. But it is important that we not injure ourselves by sitting in an unhealthy posture hour after hour, day after day. It is important that we adjust our work area and take breaks as necessary so that we do not injure ourselves. A good starting point is UC Berkeley's Be Well At Work ergonomic tips. If you want a more thorough program, you can also try Balancing the Bar, which focuses on ergonomics exercise.

Finally, be compassionate toward yourself. We are all doing the best work we can while living through an unprecedented time in our lives. If you have not been as focused, productive, effective or efficient as you are normally, that is OK. But also know that feeling exhausted and drained does not have to be the norm, even during a pandemic. Do the best work you can with the mental, emotional and spiritual energy that you can muster. But do not forget, at the end of the day, to take some credit and be proud of what you accomplished that day, even if it was just one thing. We tend to be our biggest bullies, and blaming, shaming, guilting and judging ourselves is a big step away from well-being right now. Remember that you deserve the greatest levels of health and well-being for yourself, for the many people you help, and for the people you love. 

#359064


Submit your own column for publication to Diana Bosetti


For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390

Send a letter to the editor:

Email: letters@dailyjournal.com