Civility and Professionalismin the Practice of Law

Robert E. Kleinpeter February 9, 2014

American Association for Justice

History Lesson

Nurses

Doctors

Nursing Home Operators

Lawyers

Lobbyists

0% 10% 20% 30% 40% 50% 60% 70% 80% 90%

Honesty/Ethics in Professions

Percentage Rating

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

The Science of Satisfaction

Designed to supplement, not replace, traditional psychological research

Focus is on health, not disease

Researches positive emotions and character traits

Positive Psychology

Pessimism

Low decision latitude

“Zero-sum game” nature of the job

Internal values are not aligned with work

Why Lawyers are Unhappy

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

Pessimism v. Optimism

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

Pessimism

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

Low Decision Latitude

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

Zero Sum and the Adversary System

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

Optimism

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

Remedies to Low Decision Latitude

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?

The Adversary System

Wisdom

Courage

Humanity

Justice

Temperance

Transcendence

Values in Action

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

Increasing Lawyers’ SatisfactionWith Work