Last year Florida adopted the federal standard for evaluating motions for summary judgment. To prevail, the moving party must show “that there is no genuine dispute as to any material fact.” You’re probably asking what reference to the summary judgment standard has to do with mindfulness. Plenty! A popular shorthand for mindfulness is “non-judgmental awareness,”…

The Mental Health and Wellness of Florida Lawyers Committee met in Orlando Wednesday, which kicked off the first day of the 2023 Florida Bar Winter Meeting. At the top of the agenda was the potential renewal of The Florida Lawyers Helpline with provider CorpCare. The Bar’s Program Evaluation Committee recently recommended that the Bar renew…

Last month’s column, Perry Mason and the Present Moment, explored mindful listening, a topic we’ll again consider, this time with a nod to a popular holiday song, “Winter Wonderland.” The song opens with a reminder that can meaningfully influence the quality of our connection with others, our productivity, and our collective well-being. “Sleigh bells ring,…

This month’s column meanders like a river, flowing from television’s most popular trial attorney, to a largely forgotten courageous and mistreated state prosecutor, to the practice of mindful listening. A current running through this river is Native American Heritage Day, legislation signed into law by George Bush so designating the Friday following Thanksgiving. Televisions Most…

The “Never Contemplated” podcast recently put the wrap on its second season with an important message for Florida’s legal community regarding mental health and wellness. The podcast, which is put together by The Florida Bar’s Henry Latimer Center for Professionalism, provides a candid discussion with women judges from across the state featuring a wide variety…

Renowned University of Miami psychologist and brain researcher Dr. Amishi Jha has some good news for Florida lawyers. Contrary to popular myth, that constantly ringing cell phone and other electronic distractions aren’t putting a dent in anyone’s attention span or damaging anyone’s ability to concentrate. “Are attention spans shrinking because of modern technology? No, they…

In this month’s column, trial attorney Roger Feicht shares some of the ways the practice of mindfulness meaningfully influenced the course of a fiercely contested federal trial. He writes that “it is indisputable that a few simple mindfulness practices helped me perform at my highest level as a trial attorney.” Roger wrote of his experience…

The confidential Florida Lawyers Helpline is expanding services offered to Florida lawyers, the Mental Health and Wellness of Florida Lawyers Committee reported October 20 during the Bar’s Fall Meeting. CorpCare, which provides confidential, round-the-clock support as the vendor responsible for operating the Florida Lawyers Helpline (833-351-9355), recently upped the number of free therapy sessions available…

As the cleanup and recovery from Hurricane Ian continues, The Florida Bar Hurricane Information page includes important and timely updates on court closures and other resources for lawyers and consumers alike. “Unfortunately, Florida is no stranger to hurricanes,” said Bar President Gary Lesser and Communications Committee Chair Josh Chilson in an email last week to every…

Mindfulness practices and the law have a lot in common. Both are pathways for moving from confusion and conflict to clarity and calm. The former we tend to regard as an internal process; the latter we regard as external. Yet bringing greater clarity and calm into an environment (be it the courtroom, boardroom, or deposition)…

Stress in the legal community is well documented. Lawyers and judges work in an adversarial system with demanding schedules and heavy workloads that often contributes to increased stress. A survey conducted by the ABA last summer showed that more than 40% of lawyers reported their overall work-related stress had increased. In the same survey, when…

It is said that mindfulness practices are simple, but not easy. The same can be said about relaxation practices. The instructions are straightforward enough — for example, take a few slower, deeper breaths — but for a variety of fascinating reasons, they can be difficult to implement. Doing so, especially amid times of high stress,…

The study and practice of mindfulness draws on a variety of wisdom traditions spanning across the ages. One of the most well-respected and researched mindfulness training programs, Mindfulness-Based Stress Reduction (MBSR), is taught across the globe as teachers and students hail from hundreds of countries — from Canada to Australia, Brazil to Japan, and South Africa…

The Board of Governors has signed off on a favorable review of the Mental Health and Wellness of Florida Lawyers Committee that includes a recommendation to request a promotion budget for a signature achievement, the Florida Lawyers Helpline. At a May meeting in Tampa, the board voted unanimously to approve the review, which included a…

Did you notice the trees swaying in the breeze the last time you were outside? Did you observe the gentle movement of leaves and flowers? It’s certainly easy to get so caught up in our thoughts that we miss the beauty in our midst. If you can relate to this, the presence of trees and…

In today’s column we are going to reverse engineer a popular mindfulness practice known as Focused Attention. Doing so will help clarify what is meant by being present, a term familiar to many that can come across as too vague to be helpful. Afterall, what does it mean to be present? Aren’t we always present?…

In today’s column you’ll learn a gratitude practice called “Then and Now” that can be a meaningful way to bring moments of heartfelt appreciation into your day. As this practice may be new to you, slowly ease into it and practice at specially carved out times. Importantly, it offers you the opportunity to relate to…

If asked for the most direct route to practice mindfulness — the simplest instruction, the most bang for the buck — a pretty good answer would be “pay attention to the breath.” Most every guided mindfulness practice offers pointers and reminders for doing just this. For example, the common instruction “and should you notice your…

The New Year is offering many of us cool mornings, blue skies, and a bright sun that beckon us outdoors to take a walk. In previous columns we have explored the four primary mindfulness practices of focused attention, body scan, open monitoring, and connection that tend to be done sitting down. This month we consider…

Even though hurricane season is over, we can still expect a few holiday hurricanes. Things like rooms filled with the debris of hastily opened gifts — wrapping paper, ribbons, glitter, bubble wrap, and boxes strewn across the floor.  And you know what it’s like after the holiday meal — the empty glasses, dirty plates and…

This month I’d like to reacquaint you with one of the world’s leading authorities on the science of mindfulness. Dr. Amishi Jha is a cognitive neuroscientist who, back in 2018 contributed to this column by responding to a reader’s question on the influence of mindfulness practices on the brain. Her just released book, “Peak Mind:…

In today’s column we’ll explore a practice that traipses into the territory of mind wandering, yet more precisely meanders into the creative realm of daydreaming. A variant of a focused attention practice, we could refer to it as unfocused attention. Rather than directing attention to a fixed object, like the breath, we establish mind wandering…

Life is a balancing act. Meaningful engagement with work, family, friends, community, and ourselves can often be challenging given how we over-extend ourselves, underestimate how long things will take, and are continually presented with new requests and changing circumstances. Life is also a balancing act when interacting with people whose positions differ from our own….

Members of the legal profession are often motivated by a desire to help others and to alleviate their distress. So basic is this ethic that many lawyers work tirelessly, worry a great deal, and feel the weight of not just one client’s burdens, but many. And as much good as this does for our clients,…

It’s early morning and you’re on your way to meditate when you abruptly turn around and get back in bed. Or maybe it’s mid-day and a few minutes into your focused-attention mindfulness practice your monkey mind catapults you out of your seat to check for a text message. Perhaps it’s the end of the day…

One participant talked about her recent miscarriage. Another, contemplating becoming a mother, asked how other attendees balanced pursuing professional excellence with parenthood. The setting was a weekly group counseling session for women attorneys who are also mothers. It is the product of a partnership between the Bar’s Mental Health and Wellness of Florida Lawyers Committee…

This column frequently offers instructions and tips to engage in a variety of basic mindfulness practices. Today we look at a method of cultivating greater mindful awareness—advanced by a world-famous psychologist—that does not involve mindfulness meditation.  If you enjoy practicing mindfulness, the work of Ellen Langer will add to your appreciation of mindfulness. If it…

A reimagining of the practice of law in a way that helps lawyers improve their mental health and wellness will be a top priority of the Bar’s Mental Health and Wellness of Florida Lawyers Committee in the coming year. New committee Chair Karl Klein also wants committee members to attend an all-day mental-health first aid…

For Bar President Dori Foster-Morales, awareness grew following the December 2013 suicide of prominent Miami criminal defense attorney Richard Sharpstein. “He had the gift of gab, the best joke teller,” she said. “There was no way you thought that this guy suffers from mental health or depression issues. It was to me shocking that this…

My term as president began in the middle of a global pandemic that catapulted our familiar, traditional way of work into our makeshift home offices — for many of us — our kitchen tables. We went from frequent in-person interactions with co-workers and clients to only seeing each other through a tiled screen. Going into…

For the past 20 years, the legal profession has been taking note and exploring the potential role mindfulness practices can play in the law. Here in Florida, in the last three weeks alone, members of the Florida Bar’s Tax Law Section, Tampa’s Ferguson White Inns of Court, and the Southern District of Florida’s Bankruptcy Bar…

Ferd & Gladys Alpert Jewish Family Service (Alpert JFS) is taking the lead in Mental Health First Aid (MHFA), destigmatizing mental illness, and working to make mental health education as common as CPR training! The program is appropriate for everyone who has an interest in making a positive contribution to our community, but is particularly…

Even in the best of times, managing a judicial docket can be a stressful undertaking. Trials, hearings, motions, filings, not to mention addressing expectations from the parties, can be exhausting. The Bar’s Mental Health and Wellness of Florida Lawyers Committee is reaching out to about 1,000 of the state’s judges to remind them of resources…

You have probably brushed your teeth today, doing so for two reasons: fresh breath and maintaining healthy teeth and gums. Many tubes of toothpaste provide messages like: “regular brushing can help fight cavities and leave your breath feeling fresh.”  If practicing mindfulness were described in a similar way it might read something like, “regular practicing…

Reports of the spread of COVID-19 were everywhere but Florida and its court system were still open and functioning on Tuesday, March 3, last year when a mid-Florida attorney felt flu symptoms. It launched the attorney, who asked that her name not be used, on a more than year-long journey dealing with not only a…

The practice of law — and the living of life — is met from time to time with experiences that can generate fear based on present-moment threats to our wellbeing, and can set in motion a sense of anxiety and dread over troubling matters that potentially lay on the horizon. Both offer important signals to…

The imagery most frequently associated with Valentine’s Day is the heart.  We live at a time when an aching heart is palpable on a daily basis.  The pandemic, entering its second year, has taken a toll on relationships, on careers, and on our individual and collective wellbeing.  The political landscape has exacerbated relationships among family…

With the anxiety and stress caused by the COVID-19 pandemic, it is especially important for current and future Bar members to know what mental health and wellness resources are available. Florida Bar President Dori Foster-Morales spoke virtually to over 40 attorneys and law students February 1 and shared Florida Bar initiatives aimed at assisting current…

The rapid ascent of Zoom is reminiscent of Xerox and Google, two companies whose names became verbs. Unlike copying papers or conducting Internet searches, however, too much Zooming can wear us out, deplete us. Whereas Xerox involves copying data, and Google involves accessing data, Zoom turns us into data. As observer and observed, we move…

Mindfulness is about seeing things clearly. One might have thought 2020 would prove to be a good year for just that. But for many of us unexpected events, unimaginable grief and heartache, and the polarization of ideas and beliefs contributed to a great deal of confusion and despair. Some have been able to make lemonade…

Florida Lawyers Helpline eligibility will be expanded to include nearly 5,000 members of the Florida Registered Paralegal Program, the Board of Governors has decided. Budget Committee Chair Melissa VanSickle urged board members to approve a $3,600 budget amendment that would cover the cost of expanding eligibility for the final six months of FY 2020-2021. “It’s…

As we begin the holiday season, it’s vital we keep our  mental health and general well-being front and center and on the very top of our holiday to-do lists. Now more than ever, we must prioritize our mental and emotional states. For many of us, the number of guests at our Thanksgiving tables may be…

The practicing of mindfulness is fairly straightforward. You likely know a standard mindfulness practice that involves focusing attention on the sensations of the breath and when you notice mind wandering, returning attention to the breath. The instruction is simple, it’s easy to get started, the benefits are robust, and yet the practice can be challenging….

We live in exciting times. We live in challenging times. And some of the excitement and challenge arises because the future is, by its very nature, uncertain and uncertainty can be a source of anxiety and alarm that compromises wellbeing, workflow, and relationships.  The uncertainty surrounding the upcoming election along with the many health, economic,…

From the outset of my legal career I’ve witnessed the toll our profession can take on our mental health, even in the best of times. We often measure success in terms of billable hours or getting our name on the firm’s letterhead, but it’s past time to update this perspective. Professional success can and should…

People who practice mindfulness tend to fall into one of two camps.  There are those who are interested in finding calm and those who are interested in finding clarity. This is an overstatement, of course, and many land in both camps, but there tends to be a preference.  What is yours?  In this month’s column,…

YLD President Adam White says he is willing to compromise after the Board of Legal Specialization and Education rejected a division proposal to make mental health and wellness and bias elimination credits mandatory within the 33 CLE hours that Bar members must earn every three years. “We are not in any way taking an adverse…

You may have noticed the abundance of online programs and trainings associated with just about everything. . . including mindfulness. These include both multi-session trainings and short drop-in mindfulness practice sessions. This month’s column offers you some general information, insights, and tips for drawing upon these sessions in ways helpful to you. Meditating Alone The…

To assist with added stresses caused by the pandemic, all registrants for the August 2020 bar exam in Florida may now use the Florida Lawyers Helpline — a free confidential 24/7 service providing professional mental-health counseling. By calling 1-833-FL1-WELL (1-833-351-9355), exam registrants will speak with counselors who can also make referrals for up to three free…

In addition to COVID-19, Florida lawyers are facing another potential contagion — society’s skyrocketing anxiety. “There’s people losing their jobs, there’s riots, there’s an election, there’s all kinds of things going on, and it’s out of control,” said Miami attorney and mediator Patrick Russell. “As legal professionals, we’re dealing with agitated clients.” So the Alternative…

We lawyers are guardians of justice. Whatever our practice area, whatever “side” we are on, whatever our political or ideological leanings, we are stewards of the rule of law. Earlier this month, the Young Lawyer’s Division of the ABA initiated a five-part series titled, “Liberty & Justice … For All? Confronting Systemic Racism and Addressing…

One of the reasons for the legal profession’s interest in mindfulness is the popularization of scientific research examining changes in brain structure and function associated with meditation. Some of the most compelling findings from early work in this area came from monks who had meditated over the course of many years for upwards to 50,000…

A core component of many definitions of mindfulness and to many mindfulness practices is “attention.” You may have heard that mindfulness involves “paying attention on purpose” or been instructed to direct attention to the breath. Given how easy it is to become distracted, lose focus, and get lost in mind wandering, practices that can help…

With part of its mission to “preserve and protect the jury system,” the Trial Lawyers Section has every reason to feel uniquely targeted by COVID-19. Two months ago, the Florida Supreme Court suspended jury trials and ordered judges to use remote technology whenever possible to protect the public. “While our courts are open, the door’s…

The Florida Lawyers Helpline, the newest Florida Bar member benefit, is called a “help” line for an important reason, says one of the professionals who worked to create it. “It’s all about perception,” said Lisa Hardy, vice president of clinical operations for CorpCare Associates, Inc., the Atlanta-based provider. More than a traditional hotline, Florida Lawyers…

Each Monday during May’s Health & Wellness Month, Broward County Bar Association‘s Young Lawyers Section committed to bringing videos from young lawyers around the state with positive messages about what they’re doing to #LiveWell during the coronavirus crisis, as well as tips that members can use. But instead of one member at a time, the YLD is…

With surveys showing the COVID-19 pandemic taking a toll on the nation’s mental health, Florida Bar leaders are accelerating the launch of a confidential Florida Bar Mental Health Helpline. “It is clear that our members are facing, as is all of society, a crisis of epic proportions,” said President-elect Dori Foster-Morales. Beginning May 1, some…

Adding the stress of social distancing and the fear of an “invisible enemy” to an already high-pressure career, the COVID-19 pandemic is putting the mental health of Florida lawyers at increased risk, an expert warns. “We’re all pretty overwhelmed right now,” said South Carolina marriage and family therapist Amy Wood. “Having worked with attorneys for…

Dear Fellow Florida Bar Member: These are the most uncertain of times. While we all recall difficult times, none compare to the way in which this pandemic has impacted almost every aspect of our lives and will require true resilience and reliance on our support systems in equal measure. It is my prayer that you…

The practice of law is often in the service of justice. Justice for our clients, for a cause, for society. It may express itself in the outcomes of criminal matters, civil lawsuits, administrative rulings, and in the enactment and enforcement of laws and regulations. And while justice can take many forms, when realized it inevitably…

People who didn’t pass the bar exam on their first try do go on to become incredible lawyers, and it isn’t a measure of how successful you will be in life, according to Ethan Wall, co-chair of the Young Lawyers Division’s Mental Health and Wellness Committee. Dealing with failing the bar exam is the subject…

Florida Bar members would get free access to a confidential, 24-hour mental health helpline, possibly this summer, under a contract approved March 20 by the Executive Committee. The Executive Committee met via conference call to consider a host of agenda items from a Board of Governors meeting that was cancelled in the wake of the…

Concerns over contracting the coronavirus have led to health warnings to wash hands frequently and for at least 20 seconds. A popular mindfulness practice involves washing hands. As it is a short practice, it is termed an “informal practice,” to distinguish it from the more traditional “formal” periods of practice. This month we’ll explore the…

The Board of Governors is expected to consider establishing a Florida Bar mental-health helpline when it meets March 20, part of a continuing effort to address the health and well being of its members. The recommendation comes from the Standing Committee on Mental Health and Wellness of Florida Lawyers, which voted at the Bar’s Winter…

THE TJ REDDICK BAR ASSOCIATION recently heard from William “Bill” Mulligan, Florida Bar discipline counsel in Ft. Lauderdale, and Molly Paris, assistant director of Florida Lawyers Assistance, Inc., about how mental health can affect your practice. Mulligan discussed the Bar’s discipline process and how the failure to take care of your mental health can lead…

One of the great joys of teaching is when the student becomes the teacher. A few years ago, at a mindfulness in law conference, I found myself sitting next to Amanda Leipold, a former student who, a decade earlier, was among the first to enroll in Miami Law’s mindfulness class for 1L’s. The next semester,…

While serving nearly a decade as a prosecutor, Delray Beach attorney Danielle Dudai had a front-row seat to the dark side of human nature. Dudai brought more than 50 cases to trial, including convicting a South Florida rapper of human trafficking, before the work took a toll. “It can be really soul-crushing and soul-destroying to…

It is said that the practice of mindfulness is simple but not easy. This column is intended to help bridge this gap by shining a little light on “attention,” a building block to so many mindfulness practices. Don’t let the play on words in the title detract from the seriousness of its message: the ability…

A life in the law can be filled with conflict and challenges, both at work and home. Each has its charms and, at times, may be the more stable and supportive environment. As the practice of law is explicitly adversarial and most who enter the profession expect that it will be stressful, one may feel…

The Florida Bar campaign to destigmatize mental illness and promote health and wellness in the profession remains a top priority. That’s the message Bar leaders delivered to the Mental Health and Wellness of Florida Lawyers Committee at an October 17 meeting in Tampa. “This committee is important, super important,” President John Stewart told committee members…

As mindfulness has become more richly infused into the fabric of the legal profession, a shift is taking place from a primary focus on the lawyer and members of the legal profession to the broader relational context to include clients and parties to a dispute. Such a shift raises interesting and important questions about the…

Since I joined the bench as a county judge in the Ninth Judicial Circuit in 2005, it has been my mission to do my part to enhance the legal profession. Fortunately, there is not a lack of opportunities to participate in educating and mentoring legal practitioners, law students, and others. When the chair of The…

 For nearly two decades, Michael, a homeless man with mental-health issues, was a fixture at the same intersection in Sarasota. He regularly found himself at odds with the law. Sarasota County Judge Erika Quartermaine called him the “face of the homeless” in Sarasota. That was until Michael finally received the mental-health treatment he so…

The legal profession’s embrace of mindfulness took many by surprise. It still does. Today’s column takes a serious look at the role of mindfulness in the law and of the law’s connection to mindfulness. That mindfulness practices can help enhance concentration, refine the ability to detect mind wandering, and regulate emotions amid challenging experiences, helps…

The resolution of disputes often involves the mediation process. Many readers of this column will have participated in a mediation and a large number of attorneys and judges become certified mediators. The central role of mediator neutrality, and the challenge of maintaining both the appearance of neutrality and minimizing the influence of implicit and explicit…

This column offers readers information on mindfulness and related domains, drawn from the insights and experiences of lawyers and judges who have been studying and practicing both law and mindfulness for many years. Whereas 10 years ago the popularity of mindfulness was just beginning to seep into the legal landscape, it has since become regular…

There was a time, in recent memory, when yoga was unfamiliar to many and regarded as an esoteric practice not particularly relevant to one’s life. Today that has changed, a shift that speaks for itself. Some see parallels between yoga and meditation, and indeed, not only is meditation, and in particular mindfulness meditation, gaining in…

Applicants to The Florida Bar who are asked to have an evaluation for potential mental health or substance abuse problems will have that evaluation paid for by the Florida Board of Bar Examiners, under a new policy adopted effective March 21. According to a FBBE press release, the new policy continues the Bar Examiners’ policies…

The practice of law differs from many other high stress, high stakes professions in that it is adversarial by design. The battles waged, however, are not inherently personal, yet it can be all too easy to regard another’s words and deeds as personal attacks, which can interfere with the purposeful, focused, and effective charge one…

Lawyers and judges make decisions that have consequences. The decision-making process is a complex and fascinating one, and many factors can influence the quality of our decision making and our confidence and comfort with the decisions we make. Mindfulness practices have been found to be of benefit to the decision-making process in a variety of…

By Scott Rogers Special to the News The New Year is here, and with it important reminders of the challenge and promise of transitions. Whether it’s transitioning from the holiday season to the busy work week, from a well-intended New Year’s resolution to the practical realities of seeing it to fruition, or the daily balancing…

REPRESENTATIVES OF THE STUDENT Education & Admissions to the Bar Committee and the Bar’s Henry Latimer Center for Professionalism recently met with law students at the University of Florida to talk about the Bar’s efforts to promote health and wellness and lift the persistent cloud that clings to mental illness and listen to student’s concerns. From…

Mindfulness and motions for clarification and relief Special to the News The practice of mindfulness, like the practice of law, can take many forms. Today, we explore ways of practicing mindfulness that incorporate movement and do not depend on sitting still or sequestering oneself from the busyness of everyday life. This exploration is couched in…

Special to the News Lawyers and judges who are introduced to mindfulness, perhaps through a presentation, webinar, or article, or talking with a friend or colleague, often are interested in learning more. A popular mindfulness training program is Mindfulness-Based Stress Reduction, or “MBSR,” which is perhaps the most widely researched and delivered mindfulness program in…

    The Florida Bar is partnering with the Young Lawyers Division to designate the month of May as “Health and Wellness Month” for Florida lawyers. This comes on the heels of a year when the Bar has had an unprecedented level of focus and commitment to health and wellness issues. The Bar will be…

The Mindful Lawyer ‘You can’t change the waves but you can learn to surf’ Special to the News The law is, by its very nature, adversarial. We lawyers have chosen a profession that calls on us to move into situations riddled with conflict. And each time we do our job and move on to the…

When lawyers need help, let’s make sure they don’t fear getting it Florida Supreme Court Most lawyers work in stressful jobs. Mine often is. So are the jobs of most of my friends in the profession. It is no surprise, then, that stress-related disease hits attorneys at a much higher rate than other people. It…

Mindfulness ‘isn’t a bump-free ride’ Special to the News Mindfulness tends to reveal its benefits — whether it be moments of clarity and calm, being less overcome by impulses and feeling emotionally reactive, or experiencing greater focus and concentration — to those who set aside time to practice. And for many, these shifts in attention,…

The Mindful Lawyer Special to the News The Mindful Lawyer column first appeared in this year’s August 1 issue of the News, marking eight years since the publication initially reported on mindfulness and the law. Over the course of the past decade, interest in supporting the mental, physical, and emotional health and well-being of lawyers,…

For the third year in a row, The Florida Bar Young Lawyers Division has designated May its “Health and Wellness Month.” With every year that passes, the YLD increasingly sees indications that quality of life concerns have become more important than ever to young lawyers. President-elect Zack Zuroweste opined as to why this might be:…

May will mark The Florida Bar Young Lawyers Division’s second annual “Health and Wellness Month,” designed to bring awareness to the mental and physical issues that affect lawyers’ quality of life. This year, the YLD wants to raise awareness through several month-long programs that will help lawyers establish healthier habits and provide them with support…

Mindfulness Studies gains traction at UM Associate Editor S ome of the most popular and well-attended courses at the University of Miami School of Law aren’t part of the core curriculum or required for graduation. Instead, the classes are part of the primarily voluntary mindfulness program, only in its third year at the school. The…

To be an effective law student or lawyer, it is important to be able to focus on the task at hand. Obsessing about the past or worrying about the future can diminish that focus and dilute effectiveness. That’s one reason the University of Miami has decided to introduce law students to contemplative practices that provide…