Category Archives: Peacemaker attorney

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?”

 

 

 

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Working with a Coach

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“The illiterate of the 21st century will not be those who cannot read and write, but those who cannot learn, unlearn and relearn.”-Alvin Toffler

One of the most important relationships in my life has been working with my life coach.  I began working with Paul when I was struggling with finding a sense of purpose. Was I really meant to be a lawyer?  Or had I missed the mark for my destiny and just followed in the path opened by my lawyer-father?

Having taken a course from Paul based on his workbook The Extraordinary Power of A My  Focused Life: A workbook for leaders who want to finish well  I’d answered the question about my purpose. Yes, I was meant to be a lawyer. But that was only the first part of the answer. Once I’d confirmed my purpose what should I do next?

An epiphany came that I needed to write a book, and to write articles and blogs about compassion and spirituality issues, particularly for lawyers.  The idea of writing a book was daunting and since I’d have to do it while simultaneously working in my busy law practice, I was sure it would never happen.  So, I hired Paul to coach me. The Compassionate Lawyer was published in 2014 and I am editing a second book now.

I wonder now how I ever got along without a coach. Being thrilled with the impact coaching had on me,  I took coaching training and have worked for the past few years in serving as a coach to others. Most of my  coaching clients are lawyers and law students but I also coach divorcing people in how to find a lawyer and navigate the legal system in their divorce.  My coaching practice is growing and it’s one of the favorite things I do.

What is coaching?  Coaches listen intently to their clients, asking questions so the person being coached will be able to think more deeply. The client is then able to find solutions in a way that makes them feel empowered to take action.  Unlike a mentor who gives advice, the coach controls the urge to tell people what to do and instead uses questions to draw out thoughts and ideas.  In my coaching relationships we “do life together” in intentional scheduled conversations. Every conversation produces insights, discoveries and action steps.

Who can be a coach? As a lawyer I am a professional problem solver and as a “seasoned” lawyer I can draw from years of skills training and life experiences. That being said, I found  the coaching skills training to be some of the most transformative training I have ever taken.  It literally changed the way I operate in most all of my relationships. I found when I took to having conversations with my adult children from the coaching vantage point instead of as the intrusive mother, our relationships grew. While many people say they are a coach, it’s like saying you are a mediator. Anyone can label themselves this or a that, but without skills training they can be dangerous.  The coaching title isn’t regulated so beware.

How is a coaching relationship structured? The structure and cost of each coaching relationship is different. Some of the people I coach meet with me once a month (in person or virtually) and send me weekly accountability emails. Some only structure meetings with no contact in between. Some have a defined term; with others we just check in regularly to see if the relationship is still fruitful.   I have worked with my own coach for years meeting monthly, moving to biweekly coaching meetings during times of focused productivity or unexpected lethargy.  I sent weekly accountability emails to him for years. Now I’ve moved to an occasional email between in person sessions.  I cried and floundered during my first meetings and now come prepared with focused agenda items and action plans including a diagnosis of what I think went wrong for things that have not come to fruition. Each coach charges either an hourly or session rate, which may vary depending on circumstances.

What makes a good coaching relationship?  The productivity goals are secondary for me, and the best byproduct of my work with Paul is how he points out areas of my personal growth and increased focus.  For others who hire a coach, it may be all about finished work product.  Each coaching relationship takes on it’s own personality.  Some young lawyers I coach are in their own solo practices and enjoy having a more experienced lawyer helping them think through things.  Other lawyers have productivity goals. Law students often need someone to help them with stress management and overcoming perfectionism. Experienced lawyers are often looking for more meaning in a stagnant law practice.   While a lot of people leave the law during those times of restlessness, I am a proponent of helping lawyers stay in the law while finding ways to practice more authentically. My divorcing coaching clients are intimidated with the legal system, and want an experienced guide to walk alongside them that isn’t their own lawyer.

Why do I love being a coach? Every day in my legal practice I have to “fix” problems for my clients. As a coach, I don’t have to “fix” anyone or anything. I just have to hold space for people to feel safe enough to unearth what is inside of them. Being a coach inspires me to do better work in all my relationships, business and personal. For me, having a coach is like having another family member who is unconditionally in your corner even in your imperfections.  I’ve had plenty of meetings with Paul bemoaning how I “botched things” and asking him to help me process how I would regroup. And when I received the Drake alumna of the year award  Paul and his wife Leslie were there with me at he head table clapping and smiling. I feel the same sense of pride over the people I coach as I see them moving their lives forward in meaning and purpose, fully awake.

Is coaching for you? Let’s explore that question with no cost or obligation to “sign up.” I love connecting,  whether we end up working together or not.  Email me: kim@compassionlegal.com

 

 

 

 

 

 

Choosing Prayer as a Spiritual Practice

images-2Everywhere I turn I’m hearing about meditation. There are meditation retreats, podcasts, books and people pitching its benefits. I’m noticing a divide beginning: either you meditate or you don’t. Some with other traditional spiritual practices incorrectly dismiss meditation as being affiliated with a specific religion, usually Buddhism.

I studied Transcendental Meditation in the 1970’s with meditators who set up shop in a big musty house near the Drake University campus. I was in high school and my ultra hip boyfriend at the time convinced me to take the training. We were each assigned a mantra, and we started a mediation practice that didn’t endure. I’m not convinced I really understood the premise as a teenager, pursuing the practice mostly to prove to my boyfriend that I was “avant garde.”

I have had a beautiful spiritual practice that has endured for me, and it’s PRAYER, based on my Christian faith.

I learned to pray as a child in the Methodist church Sunday school classroom, praying simple table grace and prayers before bed. At age 12, my family returned to the Greek Orthodox Church and I was exposed to long, poetic prayers in both Greek and English. The prayers of the church were drafted for us by saints and holy people, and we were taught it was safest to pray those specific prayers so that you were sure to approach God with reverence.

For years I’ve loved Orthodox prayer especially because it requires my full attention and the prayers are all encompassing. As a young wife and mother I set up a home altar facing east with incense, a candle (representing the light of Christ) religious icons and my prayer book and would pray as the sun came up knowing that the sunrise offers promise and is a masterpiece of God. Praying first thing in the morning grounds me, keeps my mind clear, makes me have a better day. I’ve even traveled to local monasteries to be among the prayer warriors.

The Greek Orthodox use prostrations during prayer. We may simply bend down and sweep the back of our hand to the floor before doing the sign of the cross across our bodies. During the spiritual boot camp of Lent, we get on the floor on all fours and bend our bodies down, praying a special prayer  asking God to help us make powerful transformative changes in our lives. We are encouraged to pray at sunrise, sunset and “the hours” marking times of events such as the hour the Holy Spirit descended at Pentecost and the hour Christ was nailed to the cross.

I’ve recently broadened my prayer life with influence from Protestant literature. I read  “Let Prayer Change Your Life,” a book that encourages journaling your prayers; nirvana for someone who loves to write. Once I began the journaling practice my heart opened up immeasurably and my prayers became more personal. In times of distress my prayers seem as powerful as those of the psalmists. I now use my Orthodox prayers along with prayers that I journal.

I love reading in the Bible about  Jesus’ prayer life: “Jesus often withdrew to lonely places and prayed.”– Luke 5:16

In the New Testament the action would be heating up and the disciples would basically say, “Hey where did Jesus go?” Low and behold they would figure out he was off praying somewhere. He wasn’t a fan of theatrical public prayer even calling out the “holy people” as hypocrites in Matthew 6:5 because they love to pray standing in the synagogues and on the street corners to be seen by others.”

Instead, Jesus instructed us But when you pray, go into your room, close the door and pray to your Father, who is unseen. Then your Father, who sees what is done in secret, will reward you.” – Matthew 6:6

Prayer is very personal. I choose to believe that God is just grateful that we are trying to make a divine connection, in any way that is authentic to us. Author Anne Lamott defines prayer as “anything you say to God from your heart.” She wrote a book distilling most prayer to the words “Help, Thanks, Wow.”

As a lawyer and mediator (careful, meditate and mediate can get confusing!) I enjoy praying for clients. On rare occasions I do this with them, but most often it is done silently after they leave my office or before we enter into court or mediation. In Praying for Strangers” the author decided to find a person in her path every day and to offer to pray for them. She chronicles the stories of the people she touched through this practice and the conclusion is an obvious one: we can all use prayer.

Prayer and meditation aren’t mutually exclusive. If there were a “mantra”  from the Bible it would come from Philippians 4:8:  “Finally, brothers and sisters, whatever is true, whatever is noble, whatever is right, whatever is pure, whatever is lovely, whatever is admirable—if anything is excellent or praiseworthy—think about (or in some translations, MEDITATE ON) such things.”  For me that means watching the news less, and meditating on these things more.

The Bible also gives us meditation direction in Joshua 1:8 “Keep this Book of the Law always on your lips; meditate on it day and night, so that you may be careful to do everything written in it. Then you will be prosperous and successful.”  Just as many meditators focus on the breath, those who use the Bible focus on specific verses sometimes reading them over a few times, slowly emphasizing different words. Through prayer we add the next step, asking God “What does this say to me?” “How do I apply this to my life?” “What are you equipping me to do through this passage?”

Like meditation, prayer doesn’t come easily and to receive the full benefit it must be a consistent practice. Praying to God in the car or  when you think of it is great but that type of “prayer on the run” might be similar to meditation on on the run. When my prayer life is disciplined and rich I have much more clarity, serenity and focus.

I’m convinced meditation and prayer can live in tandem in my spiritual life and I’m choosing not to get bogged down in semantics. Recently I gathered  a group of lawyer colleagues to meet weekly and study  “The Anxious Lawyer” ,  a book for lawyers that provides instruction on how to meditate.

A solid spiritual practice can bring richness to our lives. Whether it is solitude, nature, prayer, meditation, creativity or something else, we can each choose a method that resonates with us.

A Divorce Lawyer’s Caution to Stay at Home Parents

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After more than 30 years as a family law attorney, I still worry about some clients as they leave my office with their divorce decrees in hand. Some are still swimming in emotion. Some have tragedy on the horizon as they walk into new relationships before they are fully healed. The clients I worry most about are those who have been stay at home parents for long periods of time during the marriage. Those clients often face the most difficult emotional and financial “hits.”

No family expects divorce, but if one parent is planning to be a stay –at-home parent there are important things to consider to avoid devastating consequences if it does happen. (Although I am beginning to see men as the stay at home in recent years, I am using “her” as the gender for the stay at home parent).

I cant’ tell you the number of times I hear, “I told her to get a job and she wouldn’t,” while the other parent responds, “He may have mentioned my going back to work but he also liked not having to deal with the house and children as well as his job. Plus there was the high cost of child care.”

To avoid crisis if divorce erupts here’s what I recommend to stay-at-home parents:

  1. Have a detailed plan. Develop a plan that includes how long a parent will stay out of the workforce before one parent moves forward with staying home with children. Smart couples have a deadline for the stay at home to return to the workforce that is re-evaluated in a focused discussion each year. Discussions about all aspects of the stay at home arrangement should take place in person, at designated times and not just in passing when emotions are running high. I like to say that all discussions should be “kitchen table” discussions when the kids are not around.
  1. Enlist a third party to assist you with the plan. Get help from a family lawyer, financial planner, counselor or family mediator at the outset, and also when tensions erupt. Difficult conversations are easy to avoid. A calm third party can facilitate a discussion that results in a clear understanding and agreement. These experienced professionals also know the impact of staying home with the children and can assist with a list of things to consider that couples overlook.
  1. Prioritize finances for both parents. Despite our fluid roles, I still see that one spouse typically handles the finances. The other spouse often delegates that task and then never pays attention.  Smart couples meet monthly to review detailed family finances. I encounter numerous divorces where one party thought there was plenty of money when it turns out the family was living on credit cards. “I tried to tell him/her we were spending too much,” is a phrase heard often in my office.
  1. Be clear that alimony won’t support your lifestyle. Stay- at- home parents often believe if they divorce the income earner will absolutely be obligated to support the parent who stayed home. This is simply false. Alimony laws are in a state of flux in many states. In the vast majority of cases the stay at home will have a short time to receive a small amount of “rehabilitative” alimony and then they are expected to get to work. There is only so much money to go around and in most families it is impossible to support two separate households on one income.
  1. Keep your skills and contacts sharp. Don’t completely unplug from the work world while staying home. Take an online course or courses, and keep your skills current. When I took time off from my law practice while my children were small I hired a sitter for a few hours and attended bar association meetings and seminars. I never said I was “offline” in my work; I simply didn’t discuss my caseload (which was virtually non-existent for a time). Once I re-entered nobody knew that I hadn’t been practicing law all along and I was able to get up to speed quickly.
  2. Fund retirements for both parents. A good financial planner can advise on how the stay  at home can save for retirement. Although all retirement earned during the marriage is usually divisible to both parties in divorce, the emotional attachment to retirement accounts by the working spouse causes conflict in many cases. Retirement funds set up for each party help diffuse emotion at the negotiation table if divorce ever comes up.
  3. Stay connected in your marriage. Child rearing years are difficult on even the strongest marriages. One spouse in the business world and one at home all day can create a gap in interests and experiences that over time can erode connection. Prioritize time as a couple and take fights seriously as a warning sign. Working on your marriage may seem like the last thing you want to do amidst the exhaustion of all your obligations, but it will be the greatest investment you will ever make.
  4. If you do face divorce, explore collaborative law.  If you have to divorce there are respectful processes that work to move both parties forward in a dignified manner.  Consult with a family lawyer  to see if you and your spouse are candidates for collaborative divorce.

Kimberly Stamatelos is a mediator and family law attorney in West Des Moines, Iowa with Stamatelos & Tollakson. She is the author of the book “The Compassionate Lawyer” available on Amazon.

 

 

Our Lawyer Legacy, What Gets In The Way?

“ All external expectations, all pride, all fear of embarrassment or failure-these things just fall away in the face of death, leaving only what is truly important.”- Steve Jobs

It’s a long day as I take my brother to cancer treatment. I sit with him as he surrenders to chemotherapy dripping into his veins, hoping that he’ll be cured.

Across town in hospice, a fellow lawyer is saying goodbye. He’s practiced law for over 40 years.

Not surprisingly, I begin to reflect on my own mortality and significance. Does my life really matter? Am I doing what I was meant to do? What will I be remembered for?

In Living Forward  the authors define legacy as “the spiritual, intellectual, relational, vocational and social capital we pass on.” As a lawyer, what gets in the way of leaving a lasting legacy ?

  1. Ego. Much of our identity is tied up in our label as “lawyer.” We joke about the reputation of lawyers but deep down we feel our title brings prestige and worthiness. My dad used to say, “People say they hate lawyers but they usually love their own lawyer.”

When we tie up our entire identity in the work we do, it limits our impact and influence in other areas of our lives. Can we let down from the public lawyer persona to be authentic? Do we keep aspects of ourselves “on the down low” because we worry if people really knew us it could be bad for business?

Question: Are you doing things that look good on paper, on the bottom line or at the firm, but that are draining you emotionally? Is there something that your heart yearns to do, but your are too afraid to undertake?

  1. Scarcity Mentality. Lawyers live in the constant shadow of the billable hour. From the moment you hit the door in the morning every minute literally counts. Time spent outside your billable events leaves more time to make up in the office. When we plan vacation we frontload hours so we aren’t so far behind when we get back, and field emails on vacation before our family awakens to go to the beach. A part of us is never far away from a timesheet.

We may believe if we don’t take every client that comes our way now, cases might not come tomorrow. We take cases without discernment and end up doing unpaid work as a result of retainers running out or a judge who won’t let us withdraw. Then we become self deprecating and frustrated for having taken the case in the first place.

Question: Do you leave your dreams at the doorstep because you feel it’s about survival instead of destiny?

  1. Constant immersion in toxicity. Every day we deal with clients with grave wounds, both physical and emotional. We handle the circumstances around life’s most devastating events. We are expected to “rescue” our clients from disasters they have often created themselves, so we think about these negative fact patterns over and over even on our supposed “off” time.

This constant immersion into the darkness of life leaves us little time to dream, reflect or connect with our interior life. A life’s desire can be lost in the fog, recast in our mind as nothing more than a whim, or tucked away as “too risky.” The failure to unplug for even short periods from the office, returning email or calls and churning cases in our heads means we are never fully present for our loved ones and the beauty of life.

Question: When is the last time you unplugged, and spent time totally away from work, for even a short period time? Are you exercising self care?

  1. Personal and financial insecurity. When we have been successful lawyers we risk prestige and prosperity by branching out. What will everyone think? How can we give up the golden handcuffs? A lawyer friend chucked his law practice and opened a gourmet spice store in a trendy part of my hometown. Lawyers flocked to his store because it was extraordinary, but also to study him as an example of uncommon courage and authenticity. Sadly, the lawyer died unexpectedly at age 46, only a short time after the store had opened.

Lawyers are often the caretakers of less productive friends or family members, sometimes even supporting others who have not made good choices with their lives or finances. They look to us as “having it all” and don’t hesitate to ask for handouts or help.

Question: What would it take to set boundaries with your money? Are the things that you acquire from wealth blocking you from taking risks to fulfill your heart’s desire? Are there people you are enabling by “helping” financially?

  1. Lack of transition planning. In my first law firm job over thirty years ago the partners took me by the macabre office of the named senior partner pointing to a dusty wooden desk telling me that is where he had dropped dead. Was that supposed to inspire me?

New lawyers claim the older lawyers aren’t moving over to make room. I recently suggested that a young lawyer ask an older lawyer to coffee, to get hints on how that lawyer had built the type of practice the young lawyer aspired to create. The older lawyer did not offer any advice and the impression was that the older lawyer was “hoarding” the work for himself.

It can be a blow to our ego when clients we introduce to younger lawyers decide to transition their work to that younger lawyer excluding us. Thoughtful transition and passing the baton can play in to insecurities and make us question our relevance.

Question: Are you sharing your wisdom and experience with younger lawyers? Are you encouraging a younger lawyer who is struggling?

As lawyers we owe it to ourselves to ask these questions at all stages of the practice, not just as we move into the final chapters of our professional careers.

Are you on target for your legacy?

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I love to coach lawyers! If you are interested in hiring me as a coach contact me: kim@compassionlegal.com

 

Catching the Emotional Virus

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“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

9787f890e1d1f8abc8c09826b868568dInvested 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.

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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!

 

JEH Portrait
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.

Story Catching

 

butterfly net

The butterfly net on my fourth floor windowsill .

At Stamatelos & Tollakson, we love the way our law and mediation office is decorated, and one item in particular carries a special meaning. A butterfly net is perched on my fourth floor windowsill. It represents the fact that as compassionate peacemaking attorneys we are story catchers.

Each family has a story, an emotionally laden narrative, unleashed once we’ve invited a client into the sacred, safe space of our inner office. Catching the story is our most important job whether the story is rich with detail or spewing with venom; whether spilling out unfettered once the storyteller opens their lips or coaxed out in slow, staccato pieces through the guidance of our gentle questions.

As we listen, we are figuratively sitting in the dark using our mental butterfly net to sweep in grief, shame, fear, guilt and the details that created them, ultimately dumping out the contents of the net on the conference table for deep examination. Side by side with the client we dissect the narrative, looking for nuggets of understanding and clues for what we might do to move them through divorce using creative problem solving to begin healing their lives and families.

After listening to thousands of stories and navigating the legal system to keep families out of court, here’s what we know about the stories we hear.

1.Divorcing people must choose a compassionate listener. Lawyers are busy people and they are constantly carrying lots of information in their heads. Unless they are intentional and focused, they may not be mindfully present during the story delivery. Compassionate lawyers are easily recognizable. They are the ones that make eye contact, listen with only limited and thoughtful interruption, and empathize with a client’s story. They aren’t the ones that listen sporadically, write down lots of notes and then respond to a story by quoting fees.

2. Failing to get out the entire story short circuits healing, and courtrooms are unhealthy places to tell one’s divorce story. Judges are scrutinizing the stories determining whom and what to believe. Lawyers are listening with an objection in mind, pouncing on pieces of the story that shed a bad light on their client. A judge’s ruling can keep one or more parties stuck in the old story, with more wounding added to an already devastating circumstance.

In mediation or at a collaborative divorce table, alongside their compassionate peacemaking lawyer, clients comfortably share their stories while having empathy, intensive listening and empowerment applied as first aid. This provides our clients relief from their suffering, allowing them to see the possibility of opening to a new post-divorce story.

3. Divorcing parties must let go of pieces of the story that no longer serve them. Divorce client’s stories have common underlying themes: betrayal, struggle, disconnection, abandonment, loss, and grief. Each party is often actively choosing to be the victim or victor in their stories, often identifying the other party as the sole perpetrator. When clients stay “stuck” in their victim story it becomes a tape on automatic replay in their head fueling their heart sickness and sadness. Victim stories and attacking the other spouse can play well in court, where the stories are memorialized in a legal transcript that marks the victim indelibly in perpetuity.

Good lawyers know that clients who stay stuck in their grievance story block pillars of healing like forgiveness and letting go of blame. We are not the heroes of the story, riding in to “fix” our clients’ problems. Instead we are the wise and caring guides who walk alongside them pointing out the path to the future with one hand, our other arm around their shoulders supporting and empowering them when they become weak on the journey. Along the way we are offering them peaceful methods of resolving the divorce and healing their lives.

4. Children of divorce have their stories written by hurting parents. Is it really fair to ask a child to choose one parent over another? As a parent, is “winning” custody of a child making a better story for that child? Most children love and crave time with both parents. Compassionate lawyers unearth the source of fear and worry about a child’s time in the other parent’s care. Through calm and non-accusatory dialogue, expectations can be clarified and communication skills can be strengthened.

5. Clients’ stories are interwoven into other divorce stories. Plot twists happen to our clients when new paramours come on the scene, co-mingling pieces of their own divorce stories. Each adult and each child brings their own wounds or healing from the divorce to the new family dynamic. If brought in early, problem solving lawyers can coach clients before blended family conflict escalates to the point of courtroom intervention. These lawyers can also be resources for therapists, coaches and other professionals to assist families with the complicated transitions.

6. The client is the hero of the story. Peacemaking processes for divorce such as mediation and collaborative law allow the client to write a healthier closing chapter of their marriage. In these processes parties don’t ever see a courtroom, typically spend less money and use specially trained lawyers who are committed to peace for families. Instead of telling the story, the client can live the story, not letting the divorce be the crescendo of their existence. Living intentionally, the client can choose a life of significance and wholeness post divorce, making the most of who they are and what they have, and making a difference in their lives and those of their children, day by day.

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Hope, With a Smile

IMG_0684When I passed the bar exam in 1982, I became the second practicing lawyer in my family. My father, a 1958 graduate of Drake University Law School was the first, and he taught me how to be a lawyer. In 1987 I took my first training as a mediator.   I trained my father and other seasoned attorneys in the process, feeling haughty that I taught dad a new skill.

Fourteen years after Dad’s death,  it is abundantly clear that Dad taught ME how to mediate.

My father grew up in a part of the city of West Des Moines, (known previously as Valley Junction,) where everyone knew him as “Danny.” He had a small law office in a remodeled house, and  as a young girl I would earn money answering the phone and noticing all of the interesting people who came to see Dad.  His clients were all colors, genders, and socioeconomic backgrounds and they included flamboyant “nightclub people” who were in the crowd around his parent’s bar and steak house. Several spoke broken English. Dad once told me one of the things he loved about being a lawyer was that “you never know what’s going to walk in the door.” Whoever walked in got to see Danny, always with a smile on his face, and they never felt rushed to leave or like the billable hour clock was ticking loudly. As they passed my receptionist’s desk people always left the office with a lighter step than when they had come in.

When I was a little girl, Dad  served as “justice of the peace” performing marriages.  People would come to be married at our family home  and my two brothers and I would watch the wedding from the top of the stairs. I now see that many of the people who came to be married were unconventional couples for the times; interracial couples, hugely pregnant women, people who were obviously poor, people who were stressed and unhappy at the occasion. My father smiled and treated them all with respect and he let my brothers and me throw rice as the couple drove out our curving driveway.

Dad’s friends were the bankers, the insurance men, doctors, and other lawyers, but it didn’t matter if he was talking to a businessman in a starched shirt or a worker with dirt and grime on his clothes, he treated every person the same. He gave them respect, listened, joked with them, and of course flashed them that ever present smile. My dad was the first person people went to when there was any trouble not just legal trouble. Be it their house, their finances, their spouse, their children or their state of mind, people knew they could count on Danny to help.  Whether it was calling his friend the banker to see about a loan for them, sending them to his doctor friend to for a physical, even paying their utility bill out of his own pocket if their lights were shut off, my dad gave them each something that they lacked before they talked to him: hope.

Often on Sundays after we worshiped at the Greek Orthodox church, Dad would take us to the nursing home to visit the elderly Greeks and old Valley Junction folks, to say hello and let them know they were being remembered. I mostly hated those visits because I was a kid and I wanted to be doing something else. But I was stuck going, so I watched my dad interact with the people during our visit, sometimes listening to the same story week after week. I watched how tender he was with them, having all the time in the world to hear them, letting them know they mattered, and administering that same medicine to everyone: hope with a smile.

Dad always looked professional. Every day my mother laid out a suit, shirt and tie for him to wear. He always looked like a stylish Perry Mason. When people came to his office they saw a man who looked like he had wisdom and authority. He made you feel better just sitting across the desk from him. He looked like a lawyer should look.

My father did lots of free or reduced fee legal work. In addition to working through the Volunteer Lawyer’s Program, he helped people have access to justice through his office. When he died we found many clients on the books with hundreds of dollars of bills that they were paying off at $25 per month. I never saw my dad turn a client away.

Dad wasn’t perfect but he also handled his imperfections with class. An active member of gambler’s anonymous, he donated time to assist fellow gamblers with their recovery. He told his own story without shame, knowing that his testimony would help others who suffered with the addiction. Showing them that a smart successful lawyer faced his struggles head on, set an example for others to find their own courage.

When I first introduced my dad to the concept of mediation he said “This is how we resolved cases in the old days. The other lawyer and I would sit down and drink a scotch and when we were done talking the case would be settled. And we always kept our word.” I snickered wondering how he could have such a lack of insight. In mediation you had to ask certain questions, do risk analysis with the parties, employ skillful negotiation strategies. You had to write out a full mediation agreement. What did he know?

Turns out he knew a lot. After mediating for 29 years I have come full circle. I can’t tell you the last time I asked the magical five questions, did “the two number technique” or employed any particular mediation trickery. The most important thing  I do now is meet people with a smile on my face. I try to listen attentively to them as though we have all the time in the world. I empathize with them and give respect no matter  who they are or what I hear. I don’t worry about whether the case settles or not, or if I can claim a sterling settlement record. I act as a problem solver, exploring ideas to help resolve matters and providing options to the parties and their attorneys.

I sometimes have to translate legal ease to the clients when their own attorneys miss the fact that the client is too stressed to follow big words.  I help parties dig deep to find their highest selves and come up with an agreement that works for them. I don’t coerce them to sign something in the pressure of the moment.Inspired by Dad’s vulnerability in sharing his own story, when appropriate  I  share my own life experiences to let the people in mediation know they are not alone in navigating life’s struggles.

No matter what, as a mediator, I try to remember what every good lawyer knows. Hurting people look to us for help. In addition to our legal knowledge we can dispense respect, wisdom, empathy, and courage. And most importantly, the medicine developed by Danny.  Hope, with a smile.

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