Author Archives: attorneymediate

FEED MY SHEEP: A Pandemic Tale

Being in quarantine is difficult for everyone, but it’s particularly difficult when you are a family lawyer doing it alone. You have nobody to decompress with or hug after long hours of working on stressful cases on a computer. If you decide to go off of social media because of the tone of the rhetoric there, and you don’t have cable tv, there is even more isolation.  Days are spent triaging highly anxious family law clients and nights are spent asking yourself weighty questions.

You read an article that says you will discover who your friends really are by the ones who reach out to say “are you ok?” and realize that while you think you have many friendships, if that is the criteria, only maybe one or two of those friendships are very deep. You rarely or don’t ever hear from “friends” and maybe only one asks if you are ok.  It seems like you are the one checking in on people but other than your children nobody is checking in on you.

Most of the people that are calling you want something. Your legal expertise, your help in filing for unemployment, your take on how they can survive the pandemic, your interpretation of a custody order in light of social distancing. All the people you’ve helped, guided, loved on and taken care of over the years are preoccupied.  They assume you are strong and must be ok.  Some who you reach out to texting “I hope you are safe and doing well” don’t even take time to respond.  You remember what you’ve done to help those people over the years and wonder what it is that made them so detached they couldn’t even take a quick moment to send back a thumbs-up emoticon.

At night with a dog sleeping at your feet and the “pink moon” glaring through the window you start asking yourself big questions.

What has my life been about up until now?

  If I catch the virus and die, what is my legacy? (After all, at age 62 I am in the “endangered species” category.)

 Who and what did I let drive my life in ways that were not, in retrospect, beneficial and may have even de-railed me?

 What did I miss along the way?

 IF I live through this how will I show up differently post-pandemic?

I started seeing a terrific new therapist before the virus hit, because I was so miserable in the practice of law. He helped me see that I’d been suffering for many, many years and for the first time (because he was a former attorney himself) someone “got” the suffering I’d been feeling for years.  We began to dissect it with the intention of figuring out what I would do with my “last act” of life and how, and if, the law would a part of it.

But then the pandemic hit.

Suddenly I am faced with having this weighty reflection front and center as I navigate 10 hour days of client matters every day while trying to pay attention to what is going on with the virus, whether I have to Clorox my groceries, and whether my 84 year old mother and 60 year old brother with advanced MS are safe in their homes. What was previously a stressful job now has become even more mentally taxing.  But what I know from previous life devastation is I have to somehow navigate staying present and awake for all there is to learn.

As I ponder the “suffering in the law” question amidst all of this, I’ve come to a clear realization. It isn’t the clients, even the most demanding ones, who cause the suffering.  They are actually the bright spot.  It’s the other lawyers. It’s the value system of the practice of law. It’s the idea that more money is made by lawyers the more parties are fighting and litigating.  It’s that it’s all about winning, including thinking it’s a big victory to take a child away from a parent or to get a vocational expert to say a lifetime stay at home parent should all of a sudden be making $50,000 and therefore minimizing the amount the other parent has to pay to support their children.  It’s mentally stressful hearing sad stories in a system of deadlines and rules of engagement that make people’s life traumas the source of ego gratifying wins and competitive gamesmanship. The idea of family justice seems so bizarre and illogical.

I’ve loved my clients and loved on them for over 35 years. I’ve sat with them for hours hearing their hearts, encouraging them to find their highest selves, helping them find new footing in the new normal of their lives during and after legal interventions. I’ve had many profound experiences sitting side by side with people who were bleeding emotionally and watching their lives fall apart. As I was helping them, my clients were my own spiritual guides as I found new pieces of myself in them, and new understanding of suffering and transformation.  I’ve sometimes floated home from the office whispering to myself about what a privilege and honor it is to do such important work for my clients.

But back to the suffering as a lawyer. After confiding  to mentors and confidantes I was encouraged by one mentor about 7 years ago to write about it, and to start sharing the message of change in my profession. This is where my path might have gotten off course (but as is always the case, that diversion brought me back home).  I proceeded to spend years writing and imploring lawyers to reclaim the beauty of our profession as a healing profession. I wrote “The Compassionate Lawyer” in 2014. I’ve been on the speaking circuit explaining to lawyers that they needed to do things differently. I’ve spoken with passion and a sense of urgency.

Most who have heard me figuratively patted me on the head and said, “Good little Kimmy.”  They’ve dismissed my message and just keep doing things the same way. Why would they change? It’s a good gig, even if studies show a large number of lawyers feel their line of work has adversely impacted their mental health. Plus, any sense of changing to be more collaborative, loving, compassionate and kind is largely viewed as a sense of weakness, frailty, not being a “real” lawyer. And it’s no secret you end up billing fewer hours for cooperation than for combat.

I’ve given speeches at the law schools imploring faculty to offer coursework on topics like collaboration and emotional intelligence  and to place emphasis on being a “whole person” above emphasis on things like class rank. That message has gone over with a thud. Those subjects aren’t on the bar exam after all and bar passage rate is one of the components of measurement by US News and World Reports.  Yes, legal education hasn’t changed in decades and now it is held hostage by a magazine that nobody reads.  So lawyers are continually turned out in the same competitive paradigm that is part of the dysfunction of the profession.  Some studies show that incoming law students change their whole world view. When they enter law school most do so to “help people.” During the three years, law students change their goals to wanting to be the exemplar student,  to complete law school with a high class ranking to ensure a shoe-in at a lucrative job in “Big Law” and to make a name for themselves.

At night with shutters open in the light of the beautiful pink moon, laying in my bed during the quarantine, I put my hands over my heart and comfort my wounded self. What in the world were you thinking when you took on this crusade?  What in the world made you think that you could be the champion of change?  And what now?

Trying to mentor young lawyers to practice in a new way, by approaching and recruiting those who I thought could share the vision, only added more suffering.  I realize that while I thought they shared my dream and mission, for most of them, that wasn’t it at all.  It was instead that my dream and passion for the cause was contagious to them. I got them excited because I was so excited. They weren’t really excited on their own.  When the money starts coming the vision gets lost because the old way is a good gig.  Frustration, heartache, kicking myself for the time invested, the giving, giving, giving of myself to those I thought would help multiply the change. Suffering from those fractured relationships in the law that hurt worse than other personal and family heartaches.

Also, in that pink moon a ray of light through the clouds illuminated another pandemic induced realization. In my crusade I’d lost something.  The connection with my clients. Yes, it’s always there to a degree but the “mission” became paramount to the delicacy of the client’s hearts. My own mind and heart have been split in two these past years.  I’m still “feeling with” the clients but doing so while a big part of my heart has been dedicated to my agenda of legal reform. The “movement”  has permeated a big part of my body, mind and spirit that only have finite resources.  The personal satisfaction of the  legal reform mission is much less gratifying than the profound joy the work with the clients  in the trenches has given me.  If anything, “the mission” has fed my ego and made me more driven to be “seen and heard” and stolen a big chunk of my humility, stillness and center.  And then last night, a bold ray of moonlight pierced through the clouds with such brightness it was startling, and a bible verse came to the forefront.  “Feed my sheep.”

“Feed my sheep” is what Jesus said to the disciples when they were trying to convince him how much they loved him, and he was telling them how to prove it.  (John 21:15-17) That verse, at that moment, answered one of my big questions.

How will I show up in the world post pandemic?

Before the onset, I had been focused on a legacy of being an instrument of change in the legal profession.  While I know I have been making a difference in the lives of my clients, I’ve thought that individual impact was “too small” of a mission. I remember a friend who had a business with an important message, and she shared that she’d been convinced she would “reach millions.” Somehow that went into my subconscious and I thought of all the good that could be done in the world by lawyers, sitting with the most vulnerable in our society, if my message of compassion in the law would reach millions.  A few sheep surely weren’t the same caliber of importance.

Laying alone in the middle of a pandemic brings clarity about how inconsequential you are in the scheme of things at the end of the day.  And yet there it was; “Feed my sheep.”

I go to the dog park this morning shortly after sunrise like I do every pandemic day. As usual, nobody is there that early but my dog and me, and this morning I’m thinking about “feed my sheep” and asking for more clarity of what it means.

As I pull into the parking lot, NPR is interviewing Andrea Bocelli who will sing day after tomorrow at a cathedral in Milan, where there will be no audience. He says that having no audience is beautiful because to him it is not a concert, it is a prayer.  The interviewer asks his wife if it will seem odd that he won’t be in front of a packed house and she says no. She tells of how at times, on Sundays, he does church with a few people who are very sick or dying. There may be only five people bedridden and Andrea Bocelli sings just for them. She tells that it is beautiful because they all view his singing as a prayer offering for the healing of the few people that are there.

I start to sob as he proceeds to sing Ave Maria, alone in my car in full pandemic loneliness as his music feeds me, and my dog licks the tears as they come down my cheeks.

I’ve realized that each intervention with each client I meet makes a monumental impact. It’s not just me impacting them, but them impacting me. Meeting someone on the path of suffering and helping them navigate that part of their journey, is the highest calling I have on my life.

There are politicians and special interest groups clamoring for healthcare reform, change in our government, big systemic changes like I was preaching. And those things are worthy, and necessary.   Yet there is also a nurse sitting with  one person dying of the virus who can’t be near family and would be alone without that one nurse.  That moment is a crucial transformative moment for both of them.  Calling someone in quarantine to check on them when they are suffering is a huge transformative moment for both people.  Sending a thumbs up emoticon during a pandemic to someone who is reaching out to ask how you are, can trigger a transformative reconciliation.

Meanwhile, the pandemic has dropped bombs on the law. Big Law is disintegrating before our eyes, with associates and staff being downsized all across the country. Lawyers who are client centric are surviving (and dare I say, thriving) during the transition and other firms of  billing machines are panicking.  Law schools have had to scramble to move to online instruction and now discussion of pass/fail grading, doing away with bar exams and equipping lawyers to be more client centric are part of the zoom discussion.

What will be left standing?

Of course, there is a part of me that wants to roll out my publications and say, “I told you so” and reinvigorate the crusade. This time in my mind’s eye I’m carrying a flag out front of the pack leading through the rubble of singed yellow legal pads on the ground to higher ground.  But what I know now, is if I do that, I will be lost again.  And my current round of suffering will be for naught.  You see, the practice of law has been dysfunctional for years and apparently, I wasn’t the only one who noticed it.  The change is taking care of itself through the path of COVID 19, which lawyers would call force majeure or “act of God.”  It’s not just the law that will change dramatically after this extraordinary phase of life.  It’s most every business, system, government.

But what about us as individuals? Will we change? And how will we show up post-pandemic?

For me, never again will I minimize a small word of encouragement, a hug with a suffering person, sharing the heart stories and sitting beside (or across the screen from) a client while we navigate their life through change. It may be a change caused by a legal intervention or, as happened this week,  a pandemic that makes them realize they want to learn skills to better communicate with their co-parent. Either way, I’ll be paying rapt attention to what is happening with the people I will serve.

I will go forward and embrace my new role, which is the role that I’ve had all along but took for granted.  But first, I’ll be watching the Andrea Bocelli Easter concert live streamed. And I’ll cry tears that contain many profound emotions while he sings as I sit alone in quarantine on Easter Sunday. Through his concert that’s really a prayer, I’ll proclaim once and for all that I am enough, if I simply choose to be the change I want to see in the law.

shallow focus photography of white sheep on green grass

Photo by Kat Jayne on Pexels.com

 

 

 

 

Tagged , , , , ,

With Thanks to My Coparent- on the Anniversary of His Death

“Love never fails.”-1 Corinthians 13:8

Today my children and I remember and honor their father, Bill McCandless, who died a year ago today. It’s been a challenging year in so many ways.

Some of the most important and gratifying work I do is as a parenting coordinator working with high conflict co-parents who are stuck being immersed in their hurt. They cannot see clearly to find healing and forgiveness with their coparent. I love working with those couples because I was one of those high conflict wounded people, after Bill and I divorced in 2003 following 18 years of marriage and having three children.

Through God’s grace and a firm commitment to find healing and forgiveness no matter how long it took, we overcame those difficult days and were friends, celebrating many events in our children’s lives together for several years before he died. One of my greatest blessings was that I was able to hold his hand and tell him I loved him and thank him for our beautiful children as he was dying.

Since his death, our first grandchild has been born. The baby’s mother has a photo of Bill (her dad) on her fireplace and I have sat many days in the rocking chair at the home of my daughter and her husband in the quiet, rocking baby Liam. While I rock I often look at the picture on the fireplace, recognizing that the one person who perfectly understands that love I have for Liam would have been Bill.

While Liam is well loved by many, no other person, friend, loved one, grandparent, aunt or step parent on Earth will see him quite like I do…. but for Bill…. because our own child who we created together gave birth to Liam. I’ve been sharing this insight with the high conflict couples I work with in parenting coordination for the past year, and often tell them about Bill’s death and my experience. I sometimes ask them to look across the table into the eyes of their coparent with the possibility that what I am saying could make sense for them someday. That the person they are at war with will one day share an understanding of a love that neither of them can describe to anyone, but that both of them will inherently “get.” Often there are tears from all three of us and on some rare occasions there is a small breakthrough to a healing path.

It’s funny because throughout the past year as I grieved, I was able to forget..literally…the issues that divided us all those years ago, the drama that we created in our hurt of high conflict, and the sadness that swept through our family during those “lost” years. Instead, the memories that came to mind often were those of when we were young and newly married, and the times we sat rocking our own children with awe and wonder at the precious lives we had created with God. So many times through the past year I rocked in the quiet and looked at that picture on the fireplace whispering through tears, “Look Bill! Look at our precious grandchild!”

I’ve seen miracles in high conflict parents in my work. A small number of them transform completely. Some agree to a silent truce. Some continue to work hard and I still hold out hope for their finding peace or transformation. Others I have “fired” telling them I suspect they are getting a secondary gain of some sort from keeping the conflict alive, and draining my life energy in what is grueling and emotional work.

Are you one of those high conflict co-parents? Are you someone who doesn’t even speak to your coparent? Today is a new day. We are on the threshold of a new year. You can choose forgiveness and healing or maybe a truce. Or maybe you will choose some gesture that is a small step towards whatever life transformation that is unique to you and your circumstances.

One thing I know for sure: Your coparent is one of your greatest life’s teachers.

Thank you Bill for all you taught me.
May your memory be eternal.

Finishing Well

I was asked to contribute a lesson for the book “50 Lessons for Women Lawyers-From Women Lawyers,” by Nora Riva Bergman, which is available soon on Amazon.  Here is my contribution:

In a few  months I’ll be 62 years old. Actress Jane Fonda recently announced she is in her “last act” and although I hopefully have many more years of life, the finish line in my life as a lawyer is more clearly in view.

I want to chart an intentional path for my last act, living mindfully and finishing strong. As I begin the process, I’m struck with paralysis. Where do I want to go? A good starting point might be to reflect on where I’ve been.

I was the youngest in my law school class of 1981, graduating at age 23 and entering full time law practice at age 24.  I’ve had many legal jobs: in-house counsel, associate at firms of varying sizes, solo practitioner and even senior partner at small law firms I’ve formed.  I’d gone to law school to “help people.”  I was a kind and compassionate problem solver, a good listener, and a lover of people from the time I was a little girl.

I launched from law school in one of the early waves of females deployed into the profession. Our role was clear; act like a man.  After all we’d been told that we were taking a spot rightfully belonging to a man with a family to support.

“Mr. Durant died right here at his desk,” I was told by an associate at my first law firm job as he pointed to an office with an empty desk. It was as though Mr. Durant was a warrior who died in battle saving the world.  I got the message.

I dove in as the only female in the firm’s litigation section, charting my course as a workaholic, billing hours like a trooper. I silenced my inner voice and went full speed ahead, learning to be tough. Law school and the lawyers mentoring me convinced me that compassion was a weakness and aggression was a strength.

In my private life I paired with a man also constrained by his job, traveling for business  five days a week. We married and had three children. What was wrong with me? I loved my babies but I was obsessed with being a lawyer.  I heard a new term called “work-life balance” so  I joined the part time work committee of the local bar association. The all -female committee soon disbanded with the summary finding that for women lawyers,”part time” meant shoving all your full -time work into fewer hours and getting paid less.

I navigated as best I could with no women mentors to guide me.  I’d race to little league baseball games, editing documents in the stands while waiting for my son to bat so I could wave and give a thumb’s up, and then race back to the office. I tried to be nurturing but I never took off my lawyer hat, often telling my children to “toughen up” instead of acquiescing to the sorrow of childhood bumps and bruises.   Nannies were enlisted to help assuage working mother guilt. I’d try to mother my children when I came home exhausted from the office.

My marriage began to deteriorate so I stopped practicing law and tried staying home. I was an outcast among the other mothers.  Their conversations were boring and their obsession with their children seemed unhealthy to me. I prepared spreadsheets for class cupcake volunteers and felt incompetent in my new role. I became depressed and like an addict who needed a fix, I yearned for the office.

At the same time, my lawyer father became ill at age 65 and came into my home for hospice care as he was dying. Towards the end he would hallucinate often saying he saw dead lawyer colleagues in the room.  I wondered why the lawyers would show up to him instead of cosmic visits from loving relatives or his golfing buddies.

My father died and I was divorced. Even though I wasn’t working I was “imputed” with the income of a lawyer in the divorce. After all wasn’t that who I was? I had to recreate myself and start making money quickly and the most logical step was to reclaim my lawyer-self.  When I went back to inhabit her skin, I noticed she was different. She was weary, having sustained a whirlwind of life, tragedy, and brokenness.

I set up a law practice focusing on family law and mediation. I’d experienced devastation similar to what my clients were facing. I encouraged clients to find healing, forgiveness and compassion and decided to claim those things for myself.  I still fought for client’s rights and equity, but I did it with dignity, calmness and compassion for all.

I felt more authentic as a person and a lawyer. I began to write. I transported my brother diagnosed at that time with cancer to his chemotherapy appointments. I watched the IV drip, drip, drip of the drug infusing him with life. The writing did the same for me. Each moment in the chair typing was life-giving, healing, rebuilding, and renewing myself.

I wrote and self-published “The Compassionate Lawyer” in 2014 and started speaking to lawyers about compassion in the practice. I mentored several lawyers and helped three women lawyers start their own firms.  I encouraged lawyers to be compassionate problem solvers and for women lawyers to realize we should celebrate our unique gifts and skills as women.

I continue to practice, write and teach about what I’ve discovered.  Earlier this week I saw a woman lawyer in her first few months of practice aggressively tell off a male lawyer on the phone and then hang up only to burst into tears. ”I’m such a wimp for crying!” she declared.

I told her that being tough and aggressive is uncomfortable for many women. We can do it, probably even more biting than men, but is it really who we are? The crying was undoubtedly from the adrenaline but it was also a warning sign of living outside her authenticity. It hurt to watch her minimize her body’s warning and I tried to tell her so, encouraging her to use compassion and dignity instead.   I’m guessing it fell on deaf ears as it would have to me at her age when I ‘d set out to “make my mark” as a lawyer. But at least she is getting a message I was never told.

In my last act, I see a woman enjoying life, available to her three children for long talks instead of saying “I’ll call you after this meeting.”  She is a compassionate, kind person to all she encounters. She practices law in an authentic way that is uniquely hers, until she decides it’s time to stop. That woman will die as far away from her desk as she can get.

From the moment she walked into the doors of law school her identity as “woman” and “lawyer” were permanently fused together. She’s learned many lessons as a woman lawyer. She will claim her journey without regret but with gratitude for the wisdom she’s gained.  And most importantly, she’ll  live out her last act with compassion for herself.

 

 

 

Tagged , , , , , , , , , , ,

For Such a Time as This

DanielleDoll

For I know the plans I have for you,” declares the Lord, “plans to prosper you and not to harm you, plans to give you hope and a future.”- Jeremiah 29:11

 My daughter Danielle is a middle school teacher at a school in California where her students are largely refugees, and the student body speaks many languages and dialects. Danielle is so smack dab in the bullseye of her life purpose that I am grateful every day that she has the gift of doing what she is meant to do and that she figured it out at such a young age.
 As a baby, Danielle had a horrible case of colic that caused many sleepless nights for her father and me.
The only thing that helped when Danielle was sobbing with colic was when we took her favorite doll, a plush African American doll with colorful ribbons in her hair, and held the doll in front of her face. Danielle would stare at the doll and quiet down almost immediately. We called the doll “Melanie.”
Today she texted me photos from her classroom. She had taken a life long collection of toys (including an elaborate set of beanie babies with the TY tags on them) to her kids, and distributed them to the students, giving them extras to take home to their siblings. In one of the pictures my heart skipped a beat. There was a young girl holding Melanie and smiling brightly.
My first instinct was- how could she have given away one of her most precious dolls, one that she’s had for thirty years? I wanted to be supportive but with a tinge of sadness texted back “Is that Melanie?”
“Yes” she texted back, “and the young girl holding her and smiling is from Haiti where her home was destroyed and her mother died. She fell in love with Melanie and said she has never in her life owned a doll who looked like her.”
What I’ve come to realize is my daughter is my teacher too. Despite my having raised her in Scottsdale in a world of excess, she let go of attachments to “things” and gave away the toys and dolls she had saved “for such at time as this.”
I, on the other hand, still hold on to things that need to be given away or released, material and otherwise.
I am telling myself a story now about Danielle and Melanie thirty years ago. When she was a baby and unable to talk, Danielle looked mesmerized at Melanie and quieted because God was talking to her in secret places. He was telling her “I know the plans I have for you” and showing her a glimpse of her future, and her purpose.
I love you Danielle. And to Melanie I say goodbye, and Godspeed.  I’m praying for blessings for the new little girl who met you today, and who loves you. I hope that you are an instrument of  God’s special messages to her as well.
Tagged , , , ,

Struggling With a Setback? Bounce Back!

Relax I'm just practicing my bouncing back skills

From the time I was a little girl I struggled with perfectionism.

I suppose it started as a result of the attention I got when I did something extraordinarily well.  “Wow, that is great! You are really something!”  Hearing those accolades gave me a higher sense of self worth.

I remember bringing home one of the few “B” grades I ever got in high school. “What? No straight A’s?” my father said in sarcastic jest; yet to me it was a devastating reminder that I had fallen short of the perfect 4.0 that semester.

Excelling and doing our best becomes perfectionism when the need to achieve becomes compulsive.  Over time, I realized doing things perfectly was my dysfunctional coping mechanism for stress, anxiety, and loneliness. Everything became black and white; it was either perfect or not.   Because you can’t always be perfect I would become dissatisfied with myself and work harder, do more, over-function like a pro.

My wake up call came when I failed the bar exam the first time I took it, just out of law school.  That glaring imperfection, in public for all to see, caused me to feel shame and unworthiness.  Because I hadn’t really ever failed before I wasn’t’ sure how to handle it.

As lawyers, failure doesn’t sit well with us. If we lose a trial, or don’t prevail on an appeal, or are unhappy with our performance, we might agonize and rehash the circumstances for days on end.  For some of us such failure or imperfection can set us back and cause depression or worse.The anecdote to perfection is that we have to learn to fail, and most importantly to have resiliency, or the ability to bounce back.

Resiliency is a lost art in America. The failure to have healthy bounce back is becoming worse because many of us are raising our children, to get the trophy. In our quest for imparting self esteem we shower our children with indiscriminate praise and tell them that they are special, amazing, extraordinary and well, you know, perfect!

 A recent report from the Yale Center for Emotional Intelligence highlights the fact that today’s teens are unskilled at resiliency.  In fact, a 2013 survey of college students shows that more than half suffer from overwhelming anxiety and a third experience intense depression during the school year.  Business leaders are concerned this will adversely impact the United States’ ability to compete globally if those students are tomorrow’s leaders.   This report and others asks whether we might be emphasizing the wrong things in our kids. At what point do emotional management and non cognitive skills have to be as important as intelligence and being in accelerated academic classes?

Does resiliency seem to be a problem for you or your children? If so, how do you become resilient and teach your children do the same?

  1. When things don’t go your way, or you suffer disappointment, become aware of your emotions without letting them hijack you. You can’t escape strong emotional feelings but you can courageously face them.  Don’t push them away (that actually makes them stronger) but instead acknowledge that you are suffering. “I’m disappointed with my job performance review. Wow, it’s really painful to hear what my boss said about me. I have knots in my stomach right now.”

 

  1. Recognize that the feelings will pass if you don’t give them power. Replaying our victim stories and getting carried away with the drama will only keep you stuck. When the bad version of what happened comes into your head, switch instead to kindness, self care or nurturing of yourself. “I’m upset about that review of the article I wrote, I think I will take a hot soak in an Epsom salt tub and then read that book I have wanted to start reading.”  Self care can remove you from the intensity of the disappointment.

 

  1. Talk to yourself like a friend, or mentor. “You worked so hard on that proposal, I know you are disappointed it wasn’t accepted for the conference. But don’t give up!  You have an important message and there will be other opportunities.”  When we talk to ourselves it’s often the voice of our inner critic.  Recognize that voice, and switch to the inner mentor/friend.

 

  1. Recognize that others have had similar failures and disappointments, and have come back with strength. The bar association is full of lawyers who have contributed to a better society, after having  failed the bar exam the first time. Famous authors have drawers full of rejection letters. Actresses have been turned down for parts and gone on to win academy awards.  Nobody is perfect.  Reminding ourselves that we are not alone in our suffering helps us recover.

 

  1. Practice hope and optimism. There is such a thing as learned helplessness.  And the opposite is leaned optimism.  Positive psychology tools actually do work. Visualizing what you want and moving towards it, instead of lingering on what doesn’t work does have an impact. Counselors and life coaches are good resources to teach these skills.

 

  1. Take steps towards the positive path you have visualized. Staying stuck in quicksand and hiding under the covers only works temporarily. Taking one small step towards “digging out” is progress and leads to the next small step and so on.  Having accountability partners around you to encourage and support your efforts is helpful.

Often we are packing shame or disappointment and think that sharing with others is an embarassment  or even a burden. Chances are there are people in your circle who would be glad to help you bounce back if given the chance.  Staying in your own bubble of negativity and disappointment not only keeps you from having resilience, it can drag down the loved ones who have to live with you in your negative state.

Resilience isn’t easy. But it’s necessary to lead a full and productive life and becomes easier with practice. Since that bar failure over thirty years ago I have gone on to lead a productive and fulfilling life as a lawyer, with many triumphs and other disappointments along the way.  I found my life’s passion in serving as a mediator in legal disputes. I wonder what might have happened if I had let that defining moment defeat me.

And remember, nobody’s perfect.

 

Let perseverance finish its work so that you may be mature and complete, not lacking anything.”- James 1:4

 

 

 

 

 

Tagged , , , , , , ,

Easter Lamb

Anastasis-Icon-finalΧριστός ανέστη εκ νεκρών, θανάτω θάνατον πατήσας, και τοις εν τοις μνήμασι ζωήν χαρισάμενος.—Christ is Risen, the song sung by Greek Orthodox at Pascha (Easter).

It is “Greek” Easter. I’m home alone, and the lamb is in the oven. Scents of  Greek seasoning waft throughout every nook and cranny of my small townhouse. As I do every year, I wonder if any of my children will continue the Greek traditions that I have established. The traditions were not present during my own upbringing until I took the initiative to embrace them when my now adult children were toddlers.

I recall the Easter lamb I cooked the year my father died and remember where we  were in the kitchen as I took it out of the oven. He was sitting at the kitchen table with his ever present smile and a line of oxygen under his nose, attached to a portable oxygen tank. He was delighted that he would have Easter lamb, and it made me happy to make him happy. A few weeks later he would be moved into my own home to be monitored by me and his hospice nurses as he lived his last months. I’d had reservations about moving him in, as my children were adolescents and I wanted to shield them from the ugliness of death. But my Greek Orthodox priest convinced me it would be fine. “In Greece the cycle of life is very natural. Papou dies downstairs and a baby is born upstairs,” he’d said and he’d been right.   I think back for a moment to the poignant goodbye around my father’s bedside with my mother, my children and me kissing him as he took his last breaths.

Dad’s mother, my grandmother Josephine, taught me to cook the lamb “the Greek way” which was interesting because she was full blooded Polish. Devoted to my grandfather and all things that made him happy, she was a better Greek cook than many of the full blooded Greeks I’ve known. I absolutely adored her and her kitchen always smelled like mine does now and I look at my hands working and in my heart’s eye I see her hands on tope of mine, guiding them.

Earlier in the week there’d been talk of my mother baking a ham this year, and a “we don’t want to inconvenience you” disingenuous pitch from those who will eat the lamb, greek style green beans, potatoes and salad with ample crumbled feta cheese. We go through this dance each year when we all know how the menu will pan out. Besides, my mother is not Greek and Easter to her side of the family means bunnies and bonnets. To Greeks, Pascha is the most important day of the year, the culmination of weeks of fasting and repentance and realigning ourselves to God and His mercy.

I check the lamb to see how it is coming along knowing that it will turn out perfectly as it always does. Although I don’t enjoy cooking as a rule, the traditional Easter dinner reminds me that I am an excellent cook and I wonder why I never dabble in it except on Pascha. There was a time I did enjoy cooking more, and as I tend to everything to synchronize the timing of the dishes I remember back to my short marriage to FP and the meals we would enjoy preparing together.

Although part Greek himself, FP wasn’t trained in Greek religious food preparation and I loved teaching him to make his first loaf of prosfora, the blessed bread we use as the body of Christ for communion. I watched him press the etched seal into the top of the fluffy powdery loaf we’d made, with the seal given to me by the 83 year old Greek Orthodox woman who had taught me when I was a young mother. “Pray for me every time you use this,” she’d said when she gifted me my first prosfora seal and I do pray for Marie every time, releasing the seal to observe the intricate religious design passed down for generations on the top of the holy bread.

FP had also never made the koliva, the memorial wheat that is traditionally used at memorial services for the dead. I taught him to make it in the first year we were married, before my father’s memorial service.  FP and I had boiled the wheat berries and set them out on a pristeen white cloth to dry the night before the memorial, knowing we’d be mixing them early the next morning with the nuts, raisins, powdered sugar and the delicate pomegranate seeds that represent the blood of Christ. I’d left to run an errand and when I’d returned I saw FP had placed a vigil light next to the drying wheat berries along with a photo of my dad, and a photo of his own deceased grandmother. It touched me that he had made such a special memorial and I’d felt the presence of the Greek ancestors in our respective families joined together.

Later I would teach FP’s youngest daughter from his first marriage to make prosfora and I’d give her a seal asking her to pray for me each time she uses it. I’d also taught her to make koliva and I added the memorial shrine layout to the tradition as though it had always been a part.

As I put the finishing touches on the Easter lamb meal and set the table for the hungry family that will soon arrive, I feel tears welling up and an ache in my heart that is painful at the core. Perhaps it’s brought on by the fatigue I feel from being at long services throughout Greek Orthodox Holy Week. Maybe I didn’t get enough sleep after midnight resurrection service. There is a deep mourning for my ancestors who always come to mind as the lamb bakes, and a clear and present sense of momentarily missing my ex husband despite our divorce being over six years prior, his remarriage, and a healing balm of forgiveness that has washed away the drama that separated us.

Rather than stuff down the emotion, I let the tears flow, and hum the tune “Christos Anesti,” –Christ is Risen, the traditional Greek song that we will sing victoriously in the upcoming weeks. Then I do what I strive to do each day, each hour, each minute. I turn my life over to the Resurrected Savior and surrender to His lead for this moment in time. For just this very moment, I trust through Him, that everything is as it should be.

Tagged , , , , , , , , , ,

O Death Where Is Thy Sting?

HybridGuardianAngel2” Therefore we do not lose heart. Though outwardly we are wasting away, yet inwardly we are being renewed day by day. For our light and momentary troubles are achieving for us an eternal glory that far outweighs them all. So we fix our eyes not on what is seen, but on what is unseen, since what is seen is temporary, but what is unseen is eternal.”-     2 Corinthians 4:16-18

Today will be difficult  so I am writing. It’s my drug of choice in times of strong emotion and particularly soothing right now with a cup of hot green tea at hand, in the quiet of the earliest morning before sunrise.

Later today we will bury Harrison. His obituary says: “He passed peacefully in the arms of his family after a beautiful and unforgettable hour. His life was a brief gift to all that loved him and he will never be forgotten.” Harrison was the newborn son of my nephew Patrick and his partner Diana.

When Patrick was born 28 years ago, my brother (his father) and sister-in-law let me come into the delivery room with them. Patrick came forth after the normal struggle of childbirth and we laughed that he was a “conehead” because his pointy head had been squished in the birth canal during his entrance.

Patrick grew up to be a fine man. I served as Patrick’s godmother as he entered the Greek Orthodox faith through baptism and chrismation.  He became a church altar boy and made the family proud with his sweet and gentle demeanor.  I still see the faces of Patrick and my son Clint in altar boy robes as they flanked the casket of my father at his memorial service,  tears streaming down their young boy faces in the light of the candles they held.

Patrick and Diana made a family with Diana’s young daughter Mya, and their son Lincoln who will be 2 this year. They were delighted to learn Diana was pregnant again but their joy soon turned to shock and sorrow when they learned their infant had Trisomy 18, a life threatening genetic disorder that causes devastating medical issues and often death.  Undeterred, they named their in utero baby boy and we all became acquainted with Harrison.

From the moment they named him,  Harrison became a person.  A person who was a member of our family, and for whom we began to pray and worry.  Patrick and Diana started a gofundme account to help with the inevitable medical expenses and the cost of  sole provider Patrick’s projected absence from his job as a chef near their home in Northern Iowa. Their page kept us all posted on Harrison’s developments.

From the beginning the young parents were committed to seeing Harrison all the way through his birth. Abortion was mentioned by well meaning relatives, but they were champions of life from the get go. After all, this was not just a fetus; it was Harrison. As a pro choice individual I have to admit, Harrison brought me to a new understanding of life and I am more conflicted than before about this delicate issue.

Harrison’s parents sought the best medical treatment for his imminent arrival. They were connected to a hospital well versed in Trisomy 18 and the doctors were strong partners in their quest to spare no effort in helping Harrison. The ultrasound confirmed abnormalities would be life threatening once he breathed his first breath. They were encouraged with small bits of hopefulness such as the determination that despite other challenges, his heart was strong and mighty.

Spiritual support came forth. A Greek Orthodox monk friend saw Patrick’s Facebook post  and rallied the monks at his monastery. “We are praying for Patrick, Diana, Mya, Lincoln and Harrison each specifically and by name,” he reported.  Graciously they also volunteered a burial plot at the monastery for Harrison should it be needed.  Being covered in prayer, the family felt supported in ways beyond the reach of a gofundme page.

At 33 weeks, “Harrison took things into his own hands,” stated Patrick’s Facebook post and Diana went into labor.  An unusually fierce snowstorm had struck and they were unable to make it to the hospital that was awaiting Harrison’s arrival. Instead a nearby hospital would have to do, and Diana gracefully demanded a C-Section when the staff who were not as familiar with Harrison’s medical condition tried to get her to have a vaginal birth.  Harrison’s siblings Maya and Lincoln were along too since the grandmothers could not make it through the storm in time to babysit while mom and dad went to the hospital.

The obituary had it right.Harrison lived an hour.  He was surrounded by his family. His medical conditions were too substantial to sustain life.  Even the more elaborate hospital couldn’t have helped.  A professional photographer came in to take his baby pictures. He was wrapped in a blanket and stocking cap, showing only his perfectly formed, beautiful angelic face.  When Patrick sent me the picture all I could say was “There’s Harrison!” as though I had known him my whole life.

“I don’t want to say goodbye to him,” Patrick texted yesterday when he and Diana were on their way to the mortuary to see their son for the last time. Harrison is coming home to be buried in the same cemetery as my father.  To conserve funds, Patrick will drive his son in his tiny casket from the mortuary three hours to the grave site in West Des Moines. “I’m leaving soon to get my boy,” he texted me moments ago.  He is bringing his son home.  Harrison will be buried in the “Garden of the Innocent” not far from the mausoleum where my dad rests, and amidst other babies who have died.

Later today, our immediate family will gather at the gravesite, along with our monk friend and our Greek Orthodox priest. On St. Patrick’s Day we will bury Patrick’s son, our beloved Harrison. He is every bit as cherished a member of our family as the old grandparents we have buried before him. It’s hard to explain how one can feel so connected to a spirit who only passed through so briefly. It’s something I have never experienced before in my life, and has been quite unexpected. I like to envision my father holding his great grandson Harrison in his arms with a big smile, like I saw him hold my three adult children when they were infants.

Harrison’s  innocence, his courage, his radiance, the devotion of his parents, his reminder to all of us that life is fragile and every moment matters, and his valiant struggle to breathe in this beautiful gift of life for even only an hour has profoundly changed us.  Godspeed my great nephew.

We love you Harrison.

O Lord Who watches over children in the present life and in the world to come because of their simplicity and innocence of mind, abundantly satisfying them with a place in Abraham’s bosom, bringing them to live in radiantly shining places where the spirits of the righteous dwell: receive in peace the soul of Your little servant Harrison, for You Yourself have said, “Let the little children come to Me, for of such is the Kingdom of Heaven.” Amen.

Tagged , , , , , , ,

Give Me Rest

Businesswoman doing yoga“Come to me all who are weary and burdened and I will give you rest.”- Matthew 11:28

I have always been a “good worker.”  My mother often bragged about how she loved to work, crediting her father as the role model of a strong work ethic.  My mother never rested, and neither did her father. Interestingly when they both retired they spent most of their time sitting in a chair,  not doing much of anything.

As I grew up, I also became a hard worker.  I was always accomplishing things, taking on projects, raising my hand to lead a task. As a lawyer, overwork is a badge of honor. Billing hours, staying late at the office and coming in on weekends often garners you a partnership. When I entered the practice in the 1980’s it was particularly important to work hard and show up often because  women were just starting to be accepted into the previously male dominated profession.

Where is the line between hard work, perseverance and being a “workaholic?” One source suggests that if you answer “often” or “always” to the following you might be in danger of being a workaholic:

1. You think of how you can free up more time to work.

2. You spend much more time working than initially intended.

3. You work in order to reduce feelings of guilt, anxiety, helplessness and/or depression.

4. You have been told by others to cut down on work without listening to them.

5. You become stressed if you are prohibited from working.

6. You deprioritize hobbies, leisure activities, and/or exercise because of your work.

7. You work so much that it has negatively influenced your health.

Unfortunately, after examining this list,  it’s clear I may struggle with  workaholism.

One of the anecdotes for overworking is rest.  Without it we can suffer burnout.  Even God rested on the seventh day.  Rest may not come easy for those of us who are constantly working.  As lawyers even when we are “off the clock” we carry our client’s burdens in our heads, and we may be worrying about the next court deadline in the back of our mind. Even when we are with family, we may have our mind back at the office. We may not even know how to rest.

I love the Scripture verse at the top of the page. When God says “come to me” what might that look like for this weary lawyer?

I’ve noticed it doesn’t take a vast amount of time to make me feel refreshed. When I have even a bit of solitude (preferably with God, reading my bible, journaling prayers to him, or just taking a walk in nature talking to him ) I feel instantly restored. And the power of that rest endures for hours.  Even during the day at the office when I close my door and read a scripture or a page from a Christian devotional, the break restores me.

For those without a spiritual practice, even  taking short breaks away from the desk or computer throughout the day can bring relief. A friend of mine sets her computer at the office to go off every few hours as a reminder to just breathe, pause, look away from work and dream for a minute.

One of the best steps I have taken is to remove my work email from my phone, so I am not constantly being pulled back into work during leisure time. I set limits on times to return emails and while I thought it would be stressful to let go of constant connection it has actually been freeing.

I’ve also blocked time on my calendar for a lunch break every day, and also for time to write at a local coffee shop on Friday mornings.  It’s tempting to fill the time when I see it blocked off but the more I actually take the time the better I feel. Even if I don’t take the whole lunch break I know it is “downtime” without clients coming in or other expectations.I’ve also been experimenting with setting a firm stop time for work, no matter what.

Like all boundaries, the ones I am setting are easy to set but not easy to hold.  It takes real commitment, and it’s important to enlist the others in the office to help you stay accountable. I meet a friend for the Friday writing who also holds me accountable. My law partner is supportive of my goals to stop overwork and is quick to remind me it’s time to leave if I am lingering.

I’ve also found it helpful to take a Sabbath.   Many Christians feel that Sunday is the Sabbath but this is just our Western tradition because we go to church then.  Christians don’t go to church on Sunday because it’s the Sabbath, it’s because Christ rose from the dead on Sunday and we are celebrating the resurrection.

The true Sabbath is Saturday, just as it was when Christ was alive. In the Jewish tradition the day begins at Sundown, so Friday night at sundown begins the Sabbath which then ends on Saturday at nightfall. The Jews still keep this tradition called “Shabbat.”

In Greek Orthodox tradition we have Vespers service on Saturday night just after sundown, as the beginning of the liturgical day.  It is my very favorite Orthodox service, and even now if I don’t attend Vespers I love going to Protestant church on Saturday night because I am in such a rhythm of beginning a day dedicated to God at sundown.  It makes me let down from the week, focus on God and relax, and I sleep like a baby.

There are many who would argue that to be “true” to the Bible and God’s commandment we have to honor the Sabbath on Saturday. I like to think that God doesn’t want us to be legalistic, particularly when we have taken the time to dedicate a Sabbath, and that he is just grateful to have our attention and to have us rest on any day we choose.

Taking these steps has helped me begin to pay attention to what I feel is an unhealthy pattern of prioritizing work. As I continue to explore this tendency I have self compassion,  remembering my overwork has been a coping mechanism in the past for me in some way. I want to choose a healthier  lifestyle and know that letting go of overwork, like all self improvement endeavors, is a journey.

Tagged , , , , , , ,

Women of Wisdom

Women of Wisdom

This blog was originally published in December, 2012.It is sent out with love to women struggling with their first Christmas post-divorce. You are not alone. 

The experts will tell you that you need a full year to recover from divorce. This is based partially on the fact that you have to go through all of the holidays once without your former spouse. Christmas was already a difficult time for me since my dad died a week before Christmas during my first marriage after I’d taken care of him as a hospice patient in my home for months.  I remember putting him in a wheelchair from his bed in the guest room and wheeling him in to watch my children decorate the Christmas tree.  After divorcing FP in October, the first post-divorce Christmas came quickly and I had to find a way to cope.

Wanting to put on a brave face, I decided to gather up my women friends and have a party.  I sent out an email: “At this holiday time you always hear about the wise men but what about the wise women?  I am inviting the wisest women I know to a ‘Women of Wisdom’ gathering at my home.  My two daughters will be in attendance.  Please come with two gifts for them: your best piece of wisdom and the one song they need on their iPod.” Continue reading

Tagged , , , , , ,

When We Go High And They Go Low: What Happens To A Family?

ch-6-dove-and-serpant “I am sending you out like sheep among wolves. Therefore, be as shrewd as snakes and as innocent as doves.”-the words of Jesus in Matthew 10:16

I used to be a take-no- prisoners litigator leading families to the arena (court) to shed blood, exploiting every conflict I could to “win” the case. I lived this mindset in my own divorce, spending years in blame and unforgiveness. Both circumstances took a toll on my life and my soul.

Somehow I “woke up.”  I chose to  forgive the father of my children and myself.  I redesigned my law practice and became a peacemaker. I healed my life in mind, body and spirit and wrote a book encouraging other lawyers to do the same.

Now when clients come to my office we set goals for them and for their case.   Suffering from betrayal, loss of love and loneliness, clients suggest goals of blame, revenge, hurt and pain.   I redirect them, having a frank conversation with them about “the long game.”

The long game recognizes families are entwined for life, raising children post divorce.  EVERYTHING THEY DO IN THE DIVORCE  SETS A PATH FOR THE REST OF THEIR LIVES.  As their lawyer, I  leave a legacy with my intervention. My client is either buoyed for dignity, forgiveness, respect and calmness or left to pick up the rubble of the destruction I leave behind.

Choices in the divorce must be suited for the long game.  We discuss future family gatherings with the children and grandchildren such as graduations, weddings, and funerals. We envision the cost of the choice to blame, emphasize petty differences, or disparage their co-parent.  Even if we have serious issues (substance abuse, domestic abuse, and other important issues that endanger children) we  proceed with transparency, integrity and dignity for all, while firmly and wisely protecting the children.  Clients insistent on “going low” are referred to another  lawyer.  As a result of this choice of practice, I sleep well and see lives transformed in my office every day.

In one case,  my sad client whose wife had filed for divorce joined me in  discussing the long game.(I represent equal numbers of men and women). He embraced the approach noting that he and the child’s mother were both good people and good parents. They’d both been there for  prenatal care, and child’s dental and medical appointments. They’d both transported child to daycare, shared day to day parenting responsibilities and effectively made many joint decisions.

I called the lawyer on the other side to discuss the case.

“What are the problems with my guy having shared care?” I asked him, beginning to negotiate settlement.

“Nothing” he assured me.  “My client is a first time anxious mom, wanting primary care. There is nothing wrong with your guy.”

We were optimistic about settlement when we went to mediation.

“They report nothing that would preclude shared parenting other than mom is anxious,” the mediator said in our private caucus, then adding “mom’s lawyer is strongly advocating against settlement.”

I wondered if the lawyer had abandoned seeking compromise and simply decided they would “earn their keep” by supporting mom’s anxiety based position. We were headed for temporary hearing.

In my jurisdiction temporary matters  are decided on sworn affidavits.  No testimony, no clients, and 10 minutes to plead the case across the desk to a judge with no court reporter. Affidavits  are exchanged a moment before walking in to see the judge making the process “trial by ambush.”

My client and I prepared affidavits that supported our request for shared custody with coparenting from two good parents.  My client’s parents signed affidavits supporting both parents and describing a future where the mother would continue to be welcome. We buyoed the long game.

“My wife asked me not to read the affidavits she and her lawyer prepared for the hearing until tomorrow and she is moving in with her parents over the weekend, ” my client stated as we met at the courthouse.

“Search your soul and tell me what you have forgotten until now;  what’s the worst thing she can say and be brutally honest,” I asked my client as my anxiety spiked.  No porn, no drugs, no mistress, no tax fraud, no domestic abuse.  My puzzled client came up empty.

Outside the courtroom I handed opposing counsel our affidavits. “No surprises. High integrity on what we’ve said all along. Two good parents, history of calm waters.”   My adversary shoved affidavits in my hand while looking down at his feet and shuffling towards the courtroom door.

Wife’s affidavit magnified every petty disagreement since the child’s conception describing my client as a “bully” giving wife emotional distress. Wife’s mother substantiated with an affidavit saying the same.  Wife’s father noticeably did not join in.

My client held back tears. “We took the high road and she attacked despite what they have said all along. I feel betrayed again.  I want a pound of flesh!  What good did it do me to be high integrity?”

I left my law clerk to calm the client while I went in to argue my 10 minutes.  The other attorney animatedly described  my client to the judge as a bully, oppressive, mean to his wife.  I calmly argued  the facts; pre-natal care, child’s doctors appointments, daycare pickup,  joint decisions. I  pointed out wife’s affidavit was “she saids” while our evidence proved differently.

The judge granted wife primary physical care minimizing dad’s contact.   “I will never trust her ever again, as long as I live,” my client said as we left the courthouse.

Thanking me for my work, my client said he had believed in the high road and the long game until he was blown up in battle. We agreed I’d transition him to a gladiator colleague equipped with depositions designed to embarrass his wife, highlight her after-discovered boyfriend (although fault is not relevant under the law), and engage in other aggressive tactics of war to win the final hearing.  War that cost thousands of dollars of the child’s college savings money.

For a moment I second guessed my strategy. Did I just get out-lawyered? Did  my adversary’s choice to lie about the case and hold back the evidence until the end make him the better lawyer?  That lawyer now holds a permanent spot  on my “untrustworthy” list where he’ll stay long after we both forget the two clients we represented that day.

When that moment passes  I ‘m grateful that I provided my client and his family a chance  for healing, dignity and respect.  I dream of difficult conversations  at the mediation that would have allowed for problem solving  without venomous affidavits and court intervention. I pray for the family involved and for my young opposing counsel who may not see the toll such situations leave on the world, on a family and on his own soul over time.

And I ask, who “won?”

 

 

 

Tagged , , , , , , , , , , , , , , ,
%d bloggers like this: