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.

 

 

 

Struggling With a Setback? Bounce Back!

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.”

 

2. 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.

 

3. 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.

 

4. 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.

 

5. 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.

 

6. 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

 

 

 

 

 

Easter Lamb

Χριστός 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.

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.”

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

 “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?”

 

 

 

Barrister Barista

 “Be kind. Everyone you meet is fighting a hard battle.”-Philo of Alexandria
In my love affair with perfectly foamed lattes, I’ve spent many happy days at Starbucks. When the children were small, my friend Laura and I would meet there every single day. I would have a latte, usually with nonfat milk, except when I went through my soy phase. Laura would have an Americana with room for cream.

The Phoenix area has a million Starbuck’s, so we would call each other (before texting was available) to coordinate which location was convenient for our meeting, based on our schedules. “I’m picking up the triplets at school early for a dental appointment,” she might say.

“I will be at the church, can we meet half way in between?” I’d respond, and for several years we accommodated each other without the slightest amount of stress.

“I need to go first today,” one of us would say once we sat down with our coffees. We poured out stressors and anxiety becoming each other’s amateur therapists. People are in disbelief that we only missed a handful of days over the course of several years, before I moved back to Iowa.

Our daily meetings grounded me during years where I was lonely because of a traveling husband, unsure  how to raise kids, and yearning for my lawyer world during a period as stay at home mom. Laura could validate my feelings, tell me the kid’s coughs needed Robitussin and being a lawyer herself, explore the injustices of the OJ Simpson case based on an analysis of the evidence.
I supplied similar support to her as she raised triplets with her busy emergency room physician husband. By the time we finished our coffee and dashed to our respective mom mobiles to get back to our duties we were poised to face life with a fresh approach.

At our favorite Starbucks, Carl was the manager. Because we were regulars, it was like meeting another friend when he was working. When he transferred locations we moved our rendezvous to his new store whenever possible.

When I was divorced from my children’s father, I was in between jobs, having given up my status as VP of a California based mediation firm to try to save a failing marriage. Post-divorce I was left having to regroup to get a job in Scottsdale, and doors were not opening.

One day at coffee, I made a spontaneous inquiry of Carl. “Carl, would you ever hire me?”

Carl was puzzled knowing I was a lawyer, but also knowing Starbucks provided medical health benefits, which I needed. The next thing I knew I was handed a green apron and a post at a new Starbucks Carl was managing in a stylish part of Scottsdale.

The people I worked with had no clue I was a lawyer. I tried to keep that fact underground, partly from embarrassment that I was underemployed, and also to avoid getting asked for legal advice. I was just “Kim,” and  I didn’t feel like I was being judged. Secretly I was “Kim, the lawyer who struggles to steam milk.”

My twenty-something coworker Maggie became my guide to the Starbuck’s world. Keeping up with a busy caffeine -seeking crowd, was not easy. Some customers were rude and impatient, some downright hateful, others were pleasant. Those who said hello, asked how I was getting along as the “newbie,” and called me by name were a joy. I was working hard, on my feet, trying to live up to Carl’s rigorous standards for a clean store, going home tired at the end of my shift, particularly on days when it had started at 5 a.m.

If I would gripe to Maggie she never engaged, but instead was always upbeat, expressing gratitude for her job. Maggie would often excuse herself abruptly for a bathroom break. I became curious as to why she would leave her work station so suddenly. Eventually I asked a coworker.

“Maggie has cancer,” he told me. “She is going through chemotherapy and leaves her post to get sick. She has to work to keep the insurance. Poor thing should be home in bed.”

I was shocked. Here I had been a prissy Scottsdale lawyer/mom who had thought I was so noble working at Starbucks. Right beside me was Maggie, struggling to survive. I eventually asked Maggie if there was anything I could do to help her. She seemed disappointed that her secret was out, and basically said “Thanks so much but I am fine. I enjoy working with you.” That was it.

The next morning when it was still dark, as I went in to open the store I saw Maggie getting off the bus. For the first time in my life, I was unable to know what to do to help someone. I decided the best thing I could do to honor her was to watch her humility up close and to learn to do something about my own ego based on her example.

A few mornings later a particularly obnoxious business woman came to the counter enraged, oblivious to the line packed tightly out the door. “You are out of cream!” she squealed. “Perhaps “you people” don’t know what it is like to be a busy executive needing to keep on your schedule! We get delayed by something that you should be taking care of!”

My initial instinct was to lash back saying: “I will have you know I am a lawyer and I doubt YOU are qualified to argue before the Supreme Court!” At the same time, I saw Maggie down the counter from me, smiling and selecting a pastry for a customer.

“I am so sorry ma’am, let me get you that cream right away,” I said instead, grabbing the decanter and filling it up. “I am sorry you were inconvenienced and I hope you have a wonderful day.”

Somehow I was able to channel what I’d learned from Maggie. And strangely, in the turn of a moment, I really did want the woman  to have a wonderful day. For all I  knew she was in a struggle of her own, unable to handle it with Maggie’s grace.

Eventually I left Starbucks and Arizona, resuming my law and mediation practice in Iowa. Leaving Laura’s friendship was devastating. I visit Arizona often and we always “do coffee” daily while I am there.

I ‘ve gone back to the Starbucks where I worked. It’s been totally remodeled. Carl is gone to stores unknown. Maggie is not there. I wonder if she is even alive.

Now, when I walk into a Starbucks  I take a  moment to look the barista in the eye, smile, make small talk and even call them by name. I do the same with the clerk at the grocery store and the cashier at the gas station. I know from my work at Starbucks that a little kindness makes all the difference.

And all of our lives, matter.

This post was originally published in 2013.  My son Clint, age 23, has started working part time as a barista at Starbucks so it reminded me of this post.  Welcome to the barista family son!

Catching the Emotional Virus

“Peace begins with a smile.”-Mother Teresa

I believe that each of us navigates life with an ever-present stream of malaise that runs inside of us. Sometimes it’s a low trickle, and other times it rushes as a result of life’s storms that fill it to capacity.

I’m working hard to navigate internal rushing waters at the Phoenix airport, returning to Iowa after a week long Arizona visit. I’m leaving behind in Scottsdale my three children and best girlfriend and her husband. My children’s father is here as well, and we’ve spent the past week as an emotionally healthy post divorce family having some quality time together, reminiscing about a past that was simultaneously painful and exhilarating. Our time has included the seriousness of my former husband’s diagnosis with a terminal disease that is ravaging his body.

My gate to Des Moines is full of sleepy passengers, some eating gross burritos and thick crust pizza from the food stands near our gate, even though it’s only 8AM. Most are tired, flat affects, biding time before being smushed into a small plane with luggage and their souvenir cactus in a box.

I decide to grab a nonfat chai latte but Starbucks is too far of a hike, so I find my place in the reasonably short line at a nondescript coffee kiosk. I let out a deep sigh as the wellspring of emotions continues to bubble up.

I look ahead  in line to see which coffee cashier will serve me, and am immediately drawn energetically to “left cashier.” A 40-something striking African American woman with a big beautiful smile and bright eyes, she beams with light greeting each weary traveler with a vibrant “Good morning!” and pleasant small talk while making direct eye contact. “Right cashier”on the other side of the kiosk has a low grade smile and is not nearly as exuberant.

I try to jockey into position so I can end up with left cashier. I want to suck in her emotional state because I feel immediate internal calming just from studying her from my place in line.

This phenomenon of reacting to another’s emotion has been proven scientifically. It’s “emotional contagion” and studies at Yale and elsewhere confirm that every encounter we have produces an invisible impact of emotions that transmit between us. Our emotions have the power to nourish others or produce toxicity.

It’s thanks to our brain mechanisms including the amygdala and the basal areas of the brain stem that regulate reflex and automatic response. Once the physiology kicks in the path is open for the emotions to flow. My low energy crowd at the gate was bringing me down and left cashier’s glow zapped my brain into receiving a whole different emotional path.

Studies in emotional contagion prove that both good and bad feelings spread, although the research is mixed on which are more contaigous. Objective measures show those impacted by the virus of good emotions register higher in cooperation, fairness, collaboration and overall group performance. I have seen this in my work as a professional mediator, watching upbeat emotion and a positive outlook in the private meeting rooms result in more settlements.

We’ve all experienced the brain circuitry of emotional contagion; think about when someone smiles and we smile back without even thinking about it. When I train mediators, I assign the students to  make eye contact and smile at every person they encounter,  from the grocery clerk to their children and spouse,  after they leave our training day. Debriefing confirms the emotional contagion process is real, and the trainees are exhilarated by the exercise. Past trainees often tell me they still practice the exercise.

A New York study  confirms that emotions are highly contagious in our most emotionally laden relationship: marriage. Humans react most severely to negative emotions including pain, sadness, and fear. Thus, one spouse’s depression is likely to trigger a similar depression in the other spouse. This begs the question of whether a spouse who sets an intention to consistently exude positivity can counteract one who’s consistently sad.

Some of us are more susceptible to emotional contagion than others, and a good indicator is how much your mood changes when you are around strong emotion.  I identify as a happy, optimistic person but also I am an empath. Empaths are people who are hyper-sensitively tuned in to others’ emotions such that we sometimes take them in without even realizing it, often causing strong emotional swings. I’ve learned to be vigilant putting up a mental shield to negative emotions, which can be difficult in my work as a family lawyer and mediator. I also try to consistently emote positive, healthy emotions to supercharge the atmosphere around hurting clients. If I am not rested or I’m “hangry” (that ugly state of being hungry, low blood sugar and grouchy) I easily take in the low energy emotions of those around me.

Despite my attempted maneuvering, I end up in right cashier’s line. I make direct eye contact and smile: “Hi, I’m Kim how are you today?” and she smiles back saying she is doing well. I find out she is Michelle and we have a light hearted smiling exchange as she rings me up, making direct eye contact, and tells me to have a wonderful safe journey. I’m hopeful that the virus now permeates the entire coffee kiosk line and maybe even the whole airport. I sip my warm latte, noticing the malaise river is back within it’s shores. I pull my shoulders back triggering erect posture and walk purposefully to my gate. I board the plane to Iowa, off to do the work I know I am called to do.

If you are interested in coaching or mediation training contact me: kim@compassionlegal.com

 

 

 

 

The Lawyer as Peacemaker

“It is not enough to win a war; it is more important to organize the peace.”
― Aristotle

Invested in the grievance stories magnified by their lawyers, family law clients often become repeat customers. Whether through initial actions, modifications or contempt proceedings, family law practice can be steady business for the lawyer, but often leaves festering wounds for the families we represent.

Hard fought family cases can also hurt family lawyers. Our suffering clients call us non stop, email us long diatribes, even show up at our office unannounced and agitated. Fueling the fire by delivering scathing interrogatories or through biting cross-examination can wear on an advocate’s mind, body and spirit.

In response, family lawyers are starting to expand their practices to focus on peacemaking. What makes a lawyer a peacemaker?

1. They practice law with connection and authenticity. Peacemakers don’t think it makes them less of a lawyer because they refuse to heap more hurt on hurting people, especially when children are involved. They genuinely care about the well being of their clients, their colleagues and themselves and believe that peaceful problem solving approaches are healthier for everyone.

2. They use proactive early intervention. Peacemakers recognize that the parties will still have to work together even after the legal intervention, so they set a tone of healing instead of aggression from the outset of a case. Whether through mediation, collaborative law, or simply meeting with the other lawyer to discuss the case, peacemakers agree to customize a strategy that works for both clients. They look for ways to streamline the legal process instead of letting it be driven only by court deadlines.

3. They use an interdisciplinary approach to conflict. Family lawyers are expected to be lawyer, counselor, financial advisor, parenting coach, communication expert, real estate analyzer and retirement guru. Peacemakers recognize the best use of the lawyers’ time is for legal advice, drafting and interfacing with the judge. They involve specialists including therapists, child development experts, financial advisors, realtors, and social workers to assist in developing a comprehensive plan for the family. Adding these experts mean the family has a highly specialized team often providing lower overall cost for comprehensive decision making. Lawyers focus on what they do best, and minimize the stress of trying to solve all the client’s problems themselves.

4. They encourage clients to “do the right thing.” Peacemakers don’t consider it a “win” to have someone pay as little child support as possible, if it means children aren’t financially supported at the other parent’s house. They don’t automatically fight to minimize a healthy and loving parent’s time with their children, at the request of a heartbroken client. These lawyers use words like “healing” and “forgiveness” and may set up infrastructures to improve trust and teamwork between parents. They help clients write a new forward focused story of life transformation that identifies the client as the hero, not the victim of the story.

5. They model emotional intelligence. Active listening, compassion and empathy are key skills used by peacemaking lawyers. “Patience is the greatest attribute of a peacemaker,” says Dick Calkins, a longtime advocate of peacemaking law. These lawyers don’t thrive on depositions with blistering accusatory questions so their clients can see their lawyer hurt their partner. Instead, they work together respectfully and cooperatively, modeling behavior families will need in order to heal. That may include producing documents voluntarily upon request and using calm reasoned discussion instead of threats.

6. They take the long view and encourage clients to do the same. Author of the ABA bestselling book “Lawyers as Peacemakers” J. Kim Wright puts it this way: “The upheaval of divorce can be very emotional and uncomfortable. It is easy to succumb to the emotions of the moment and strike out, do some damage, hurt you because you hurt me. Reacting provides short-term satisfaction and guarantees long-term conflict.

Peacemaking focuses on the long view, aligning with long-term values and goals. What relationship do these parents want to have in five, ten, twenty years? Who goes to the first day of school? Who will celebrate the team championship with your daughter? Will you dance at your son’s wedding or boycott because your ex will be there? The long view isn’t easy, but it is the path that focuses on the well-being of your child, not the emotions of the moment.”

7. They are creative in their approach to conflict. Each case is viewed as a unique set of circumstances requiring a customized approach of creative problem solving. Lawyers are creative people, but in traditional practice they aren’t encouraged to “think outside the box.” Peacemakers unleash creative thinking without feeling intimidated in putting forth a unique idea that isn’t borrowed from the standard stipulation template.

Often, the biggest impediment for peacemaking lawyers is the other lawyer. If opposing counsel makes aggressive moves or promotes themes of “fight to win,” or “let’s let the judge decide,” it frustrates peacemaking opportunities. Being a peacemaker doesn’t mean you sing kum-by-ah and get eaten alive in litigation. It means you see the peacemaking approach as a higher calling because it results in much healthier outcomes and is more satisfying to your clients and your own soul.

A baby lawyer fully trained in peacemaking skills recently told me, “I hope for the day when a client calls asking to destroy the other side in litigation and a lawyer says, “I’m sorry, I don’t engage in that type of law, it’s not healthy for families.”

And then, they call the next person on the list and that lawyer says, “I’m sorry I don’t engage in that type of law it’s not healthy for families.” And then each lawyer down the list says the same thing so that clients understand that peacemaking and healing families is what it means to be a family lawyer.”

I may not see that total shift in the practice of family law during my lifetime. But I truly believe he will.

The Poetry of Practice- Guest Blog

John Hardy is a recent graduate of Drake University Law School, and he just finished taking the Iowa Bar Examination.  He is joining Stamatelos & Tollakson once admitted to the bar. This is his first blog, and we are honored to have a lawyer of his caliber in our firm. Welcome John!

 

A lawyer is a poet. Language is the medium of the law, and word choice matters. It matters when legislators draft the law, it matters in front of a factfinder, and it matters when a lawyer is counseling a client. Legal writing has a tradition and history, just like poetry, with technical formal requirements and stylistic conventions. A good attorney, like a good poet, is a master of the language and knows what to say and what not to say. But linguistics are only part of the job. As with poetry, being an excellent attorney also requires a deep understanding of the human condition. A good lawyer has a focused mind and an open heart, and when the two work in tandem, the practice can be a work of art.

The Human Element

The human element is the intangible needs of the parties to a legal matter and other people who are affected by it. For the most part, clients call on a lawyer when their lives are in crisis, sometimes they may even be at their rock-bottom. In order to truly serve their clients, lawyers must recognize the emotional and relational needs of their client, which means they must look beyond the facts and the law. Clients may be unable to wholly engage in the process or articulate their ultimate goals until they believe that their lawyer has invested the time and attention required to know who they are, what they’re dealing with, and, sometimes, how they are feeling. The best lawyers know that some fights are not worth fighting, even if they are winnable. A client may prefer to move on with their life and save their money.

Nuts and Bolts

It goes without saying that a successful attorney will cross every “t.” If a statute of limitations runs or the attorney fails to preserve an error, it will be of little solace that the attorney is a good listener. The primary function of the attorney is often to serve as the voice of the client within the system. In this role, attorneys’ primary function is to know the law and play by the rules on behalf of their clients. When people need a professional shoulder to cry on, they hire a therapist, not a lawyer. Of course, the lawyer may end up wearing both hats, but there is no substitute for diligent attention to the legal details. If the lawyer is an architect, designing solutions for the client, the legal nuts and bolts are the bedrock and foundation. Empathy is the interior design. If the house collapses, instantly the color scheme does not matter. Solid legal work sets the table for the client to thrive in the future.

The Poetry of Practice

The work of the best lawyers combines diligent legal work with a genuine concern for the well-being of the client. Here, everyone’s needs are met. Even the best lawyers with the best arguments can lose a case, or fall short of their client’s desired outcome. In a poetic practice, a skillful lawyer weaves together high-quality legal work, attention to the human element of the matter, and the lawyer’s own personal touch. Different attorneys can have vastly different life experiences, and their undergraduate studies can cover the spectrum from history and politics to music, art, and religion. Good lawyers draw upon their whole life experience to relate with the client as a human, and provide customized legal services to their client with wisdom.

Clients may come to the initial consultation thinking that they want to take the other party to the cleaners. The best lawyers will dig around underneath that to find out if the client understands the implications of that position, including the budget, and whether the client really wants that. Clients may have been coached by friends, family members, or anyone else, and they may have lost sight of what they really want. In a divorce with kids, for example, they may believe they want the house and six nights a week with the kids. But, in reality, maybe the mortgage payment is not affordable once the client is flying solo, and the spouse is a great parent. Maybe the client truly wants the kids to have a great relationship with both parents, and it isn’t worth fighting to reduce the spouse’s time.

Good lawyers can draw from their own experience, both as an individual and as an attorney who has been down the road before with other clients. Good lawyers can help a client to zoom out and take a holistic view of their situation and their family. Maybe the health and well-being of their children depends on having good access to both parents. And maybe there is enough money to go around and set up both parties for success, post-divorce. And maybe the long-term well-being of the children depends on seeing their parents setting a good example of mature, compassionate conflict resolution that the children can follow as they grow up.

These thoughts were inspired by a recent presentation to the Compassionate Lawyer Society at Drake University Law School by District Associate Judge Colin Witt. He opened with the reading of a poem: The House by the Side of the Road by Sam Walter Foss. The poem itself was the touchstone for concepts within his presentation, but also the choice to open with a poem, at all, served as a meaningful glimpse into who Judge Witt is, as a person. He emphasized the importance of focusing on human element in his role on the bench. This can serve as a reminder to the practicing attorney that providing excellent service to the client requires a keen understanding of the human condition. This, in turn, requires intentional and zealous self-care, so that the attorney is well-rested, healthy, and available to fully commit to listening to the client and advising and advocating for the client with integrity.