Lawsagna

Tip bit # 26: Stretch.

You are already stretching your mind extensively, but what about your body?  Does it feel stiff and strained, and craving for your attention?  If you spend many hours sitting in a chair and want to avoid back and neck pains, you need to maintain good posture and back support.  You can start working on both your mental and physical agility with these 16 Exercises to Help Correct Your Posture.  You will feel the extensions and flexions in your body as you do the poses, they are quite invigorating.  And check out Spine-health.com, which offers advice on how to practice good postures for standing, sitting in an office chair or driving. 

Affectionate writing reduces cholesterol

Don’t be afraid to express your affection in writing.  You may gain health benefits if you do so.  New research indicates that writing about affectionate feelings for family and close friends can reduce cholesterol. 

Abstract:
In two 5-week trials, healthy college students were randomly assigned either to experimental or control groups. Participants in the experimental groups wrote about their affection for significant friends, relatives, and/or romantic partners for 20 minutes on three separate occasions; on the same schedule, those in the control groups wrote about innocuous topics. Total cholesterol was assessed via capillary blood at the beginning of the trials and again at the end. Participants in the experimental groups experienced statistically significant reductions in total cholesterol. Control participants in the first study experienced a significant increase during the same period, whereas those in the second study did not. Cholesterol changes were largely unmoderated by linguistic features of the writing produced in the intervention. Potential therapeutic implications are discussed.

Floyd, K., Mikkelson, A. C., Hesse, C. & Pauley, P. M. (2007) Affectionate Writing Reduces Total Cholesterol: Two Randomized, Controlled Trials. Human Communication Research, 33(2), 119-142.

See PsyBlog for more discussion.

Fortune cookie

 

Riding the brain waves

Have you noticed how sometimes your thoughts flow freely, you feel smart and creative, and other times, your thinking feels strained and your mind is distracted?  Imagine that your thoughts are riding the waves – the brain waves, that is.  The nerve cells in your brain emit electrical impulses that can be measured by a device called an electroencephalograph (EEG).  The brain wave frequencies, measured in hertz or cycles per second (Hz), fall into four categories:  beta, alpha, theta and delta.  These brain wave patterns are associated with specific states of mind. 

Beta waves (15-30 Hz).  You ride beta waves in your normal wakeful state when you think, read, concentrate on a task or solve problems.  Your mind is fully engaged. 

Alpha waves (9-14 Hz).  You ride alpha waves when you are calm and relaxed.  Alpha waves are associated with creativity, sense of peace and well-being.  When you start meditating, you slow your brain wave pattern to alpha.

Theta waves (4-8 Hz).  You ride theta waves when you drift off to sleep or you are just about to wake up.  Theta waves indicate deep relaxation.  They often bring about vivid imagery, memories from the past, creative insights, inspiration.  Meditation that reaches the theta state opens the doors to heightened perception and intuitive breakthroughs. 

Delta waves (1-3 Hz).  You ride delta waves in your dreamless sleep.  It is the slowest of the brain wave patterns. 

Learning to influence your wave brain patterns through creative visualizations, meditation, music or hypnosis may allow you to achieve the desired state of mind whenever you need it for a specific task.  For example, if you are looking for creative inspiration or want to access memories from your subconscious, you may decide to go for a run to get into the "zone" and induce the slower alpha brain wave pattern.  To learn more about brain waves and various techniques to work on your brain, check out quide-to-self-help-techniques.com. 

Tongue in cheek: the art of presentation

Do you suffer from a “presentension”?  It is a condition that tends to manifest itself when you are about to give a speech in front of a group. When all eyes are on you, you begin feeling the warmth of their welcome literally, as if you were transported into a sauna, still in your business suit.  So you sweat a little…or a lot.  Then you mind goes blank.  We are not sure why it happens, but it may be a result of the telepathic abilities of your audience.  The information leaves your head and goes directly into theirs.  So there you are, standing in front of a bunch of people, and you have nothing to say.  They, on the other hand, already know everything that was part of your presentation.  So they watch you suffer and think:  “What new can you possibly tell us?”  Then just as you are about to open your mouth and ask” How are you today?” the air gets sucked out of your lungs and a big hot potato rolls up your throat, turning your mouth dry.   It’s really hard to give your speech if you have a “presentension” attack.  But have no fear.  You can find out the ways to alleviate the symptoms in Guy Kawasaki’s post “Speaking as a Performing Art” and its follow up “Bite Your Tongue: Eight More Ways To Improve Your Presentations.”  The tips are the result of his collaboration with Doug Lawrence, who is a professional singer and speech coach.  There are many similarities between speaking and singing, so learning about how singers control their performance can be beneficial to all of us.  Who knew that biting you tongue literally (and gently) could help your dry mouth:  “Opera singers use this all the time to release saliva which moistens your mouth.”

Tip Bit #25: Make a list of 5 things that you are excited about

If you need inspiration in your life, check out Pursue the Passion.  Here’s what the creators of the project say about it:

“Pursue the Passion started as a group of three recent college grads who embarked on cross country roadtrips to interview passionate professionals about their career paths. We created this site because we felt that others could benefit from these interviews, and use them to determine a direction to take their careers.”

In addition to great stories, I really like their series “5 Things I’m Excited About on a Friday.”   I think it’s a great way to fuel your passion and remind yourself how exciting you life is.  We all need it from time to time, and Friday just seems like a perfect day for this type of exercise.  The weekend is almost here, so dream a little, let your curiosity run free and find excitement in your life.  What are the 5 things you are excited about this Friday?   I’ll start:

1. I am so excited that I am close to launching my online training course.  It’s going to happen very soon (more on it later).
2. I am excited that the weather is promising to be wonderful this weekend, which means I get to spend more time outdoors, and I like that.
3. I am excited to start reading “The Art of the Start” by Guy Kawasaki that I just got from the library. 
4. I am excited my daughter learned how to stack building blocks.  She was really good at smashing my creations before, but now she can build tall towers on her own.  Silly things can make Mommy happy. 
5. I am excited about my exercise and meditation routine.  I hope I can stick to it.  I want to be able to meditate properly for at least 20 minutes.  Right now, my mind is still dashing from thought to thought and my back starts aching after sitting still for about 10 minutes.  It will get better, right?  Practice, practice, practice.   

Who is next? 

8 bar exam preparation myths busted

Myth #1:
You need to read all the relevant materials for the subject matter before you start doing the practice questions.

In reality, you want to start practicing as soon as possible. You won’t have time to read and memorize everything.  Practice questions are a tool to train yourself to recognize legal patterns, applicable legal standards and important buzz words.  Work with the text of the question: circle, underline, highlight the key words and phrases so that they would jump out at you when you take the exam. 

Myth #2:
The bar exam is about memorizing the black letter law.

The truth is that pure rote memorization won’t get you through.  The bar exam is also about the application of the black letter law, time-management, stress-management and endurance.  You need to work on all of these aspects to be ready.  Just like you can’t prepare for a marathon just by reading books about it, you can’t pass the bar exam just by reading outlines.  Simulate the real conditions of the bar exam as much as you can:  time yourself, do practice exams, submit your essay answers for review. 

Myth #3:
You don’t have to listen to all the lectures, after all, you already have your class handouts and outlines.

In realty, listening to the lectures can do more for you than just reading.  Good professors strive to make their presentations memorable.  I still remember some of my bar course professors because they were like a one-man or one-woman show.  It’s good to have the information explained to you in a variety of ways, and you get a chance to ask questions.   Also, the content of those handouts sometimes has to be updated, corrected or explained in further detail.  So, don’t skip on lectures.

Myth #4:
You are not supposed to have any social life when you study for the bar.

In reality, you need social support even more when you are under pressure.  Find time to connect with you family and friends.  Go to the movies, eat out, do something fun, or better yet, play sports together.  It will give your brain a chance to recharge and help you relieve stress. 

Myth #5:
When you study for the bar, you don’t have time to exercise or sleep a lot. 

The truth is that you don’t have time NOT to exercise or sleep.  You will burn out before the big day.  Exercise is good for your brain, it allows you to stay physically and mentally fit.  And please take those afternoon naps, they enable the brain to consolidate your memories, which is useful taken into account all the information that you need to remember. 

Myth #6:
You need to do your own outlines and flashcards to prepare.

If you have time to do your own flashcards, that’s great.  I didn’t.   I think, your time is better spent practicing.  You will have enough written materials to absorb if you are taking a bar prep course (and I hope you are).   

Myth #7:
You don’t need to worry about the essays as long as you do well on the MBE portion of the exam.

While the score allocations vary from state to state, most people will need both strong MBE scores and good essay grades.  So write out those essay answers. 

Myth #8:
You really step it up a few days before the exam.

Ah, good old cramming, it doesn’t work.  In reality, you want to cut your studying hours down right before the exam.  Take time to get yourself in a good, healthy place so that you can regain your freshness of mind, focus and clarity.   

Other myths:

“A law student failed his California bar exam because he stopped to assist a classmate who suffered a heart attack.”

“A law student left for a bathroom break and when she got back, she couldn't find her seat because the tables and chairs looked identical in the enormous room.”

“Suddenly a woman started galloping down the aisles, flailing her arms, yelling, “I am a covenant running with the land!”

True or false?  I have no idea. Check Urban Legends Reference Pages. Maybe, they know.

The Rule of Hopeful Hare

For those of you taking the bar exam. 

Question:
The Fox conveys the Foxacre “to the Hare with the hope that he wins the race with the Tortoise”.  Determine the interests conveyed and retained in this transaction. 

Answer:
The Hare has a fee simple absolute. 

Remember The Rule of Hopeful Hare:
Defeasible fees require a determinate durational language.  The words of mere desire, expectation or hope are not enough to create a defeasible fee. 

This rule of construction exists because courts disfavor restrictions of the use of land. 

Pure Text

PureText is a neat little tool that allows you to paste text to any application without the original formatting.  After you install PureText (it’s free), you can use its Windows hot-key to paste the text instead of the standard Ctrl-V hot-key.  Alternatively, you can click on the "PT" tray icon near the clock on your task bar to remove formatting from the text that is currently on the clipboard.  Easy and useful.  (Hat tip to Success from the Nest).

How to deal with difficult people

Most of your interactions, I am sure, are cordial, pleasant and productive.  But for those rare occasions when you come face-to-face with a difficult, negative, or annoying person, here’s a blueprint for your actions and reactions. 

First of all, how do you spot trouble?  Chuck Newton warns of the “Six Personality Types You Should Avoid.”  Meet The Loafer, The Weasel, The Bridegroom, The Psycho Killer, The Replicant, and The Future CEO.

What assumptions do you harbor when you develop your relationships with people?  Here’s a list of principles that will help you build better relationships from the Lifehack article “Other people are not broken…” by Adrian Savage.

How do you deal with negative people in a positive way?  Catherine Pratt offers some tips on “How To Deal With Negative People” at Life With Confidence.   Do you know the type who always criticizes everything?  I’ve heard of a good neutralizing phrase when you talk to those people.  Ask them:  “Do you have a better idea?”   While you are at Life With Confidence, also check out “How to Kill Fear When Dealing with Aggressive People” by Peter Murphy. 

Here’s a secret about annoying people.  They are annoying only so long as you let them annoy you.  Take that power away from them!  The Chief Happiness Officer Alexander Kjerulf tells you  “How not to let annoying people annoy you.”

How do you keep your cool?

Tip bit # 24: The Crock Pot Learning

The crock pot is a fine invention.  I don’t use it for many things, but boy, do I like the beef stew prepared in the crock pot.  You chop up the veggies and meat, add broth and tomatoes, and then the crock pot magic happens, and 8 hours later, or better yet, overnight, you have a delicious  dish full of flavors with meat melting in your mouth. 

Why am I talking about the crock pot today?  Because just like you have to trust the crock pot to do its magic, there are times when you have to trust the learning process to get you where you need to be.  A preparation for the bar exam is a case in point.  You do your best listening to the lectures, reading, taking notes, reviewing, practicing, and trust that the magic is going to work and you will pass.  At any given moment, there is a huge amount of information thrown at you.  You don’t want to control every little detail because it’s not possible.  What you want to do is to start doing practice questions right away and keep doing it.  You won’t feel as if you know the law enough, but that’s OK.  You have to trust the process.  Practice teaches your brain to recognize patterns that are tested on the bar exam.  Pattern recognition is central to your success, and you can’t learn it just by reading and memorizing.  If you have to choose between practicing and reading the long outline, practice and review the answers.  And when you feel overwhelmed and insecure of your knowledge, remind yourself to trust the process to do its magic, no matter how slow your progress may seem, it’s just like the crock pot.       

Law school is bad for your health

Law School Innovation blog alerts to this new study that attempts to explain the negative effects of legal education on law students.  Kennon M. Sheldon and Lawrence S. Krieger report in "Understanding the Negative Effects of Legal Education on Law Students: A Longitudinal Test of Self-Determination Theory" on the previous findings suggesting that “law school has a corrosive effect on the well-being, values, and motivation of students, ostensibly because of its problematic institutional culture.”  It sounds like the psychological distress frequently experienced by lawyers in practice may originate in law school.  Interestingly, this new study shows that student autonomy may lead to better well-being in the 3rd year, better grades, better bar exam results and more motivation on the job.  All the more reasons to be proactive and take control of your learning.

“Dinner with Dad: How I Found My Way Back to the Family Table” by Cameron Stracher

How can a busy lawyer reconnect with his family?  A shared meal was the answer for Cameron Stracher, who described his experience of having dinner at home five nights a week for a full year in his new book “Dinner with Dad.”   You can listen to the interview with the author in this episode of The Leonard Lopate Show or check out Cameron Stracher’s blog Dinner With Dad.

I grew up in a family with regular sit-down dinners, and I would love to continue the same tradition with my own family although we bump into the same problem that many families face:  my husband’s work hours make it difficult to have a family dinner at a reasonable hour.  But we don’t want to give up easily.  Dinner time is about meals that fuel your body and conversations that nourish your soul, and it’s worth a try.  What do you think?  What’s your favorite family activity that brings everybody together?    

Licensing of foreign-educated lawyers

I had a classmate in law school who first passed the New York bar exam and then entered the JD program.  Not your usual order.  He topped off his study with a license from one more state.   He was able to sit for the New York bar because he was already a licensed attorney in China. 

3,571 foreign-educated lawyers took the bar exam in the United States in 2005, according to the National Conference of Bar Examiners (NCBE).  Foreign attorneys may have more options in the future for limited practice in the U.S.  “U.S. States Review Licenses for Foreign Attorneys:  Temporary practice and 'legal consultant' status may be expanded,” reports Vesna Jaksic for Law.com: 

“Twenty-six states license foreign legal consultants, who are attorneys from other countries permitted to practice in a limited matter, such as only being allowed to advise on their home country's laws, instead of U.S. state or federal laws.”

Nine more states are currently considering the licensing of foreign legal consultants.  21 states are deciding whether they should permit foreign lawyers to practice temporarily.

On the other hand, the U.S. lawyers also actively seek to enter foreign legal markets.  To learn more about the efforts to liberalize trade in legal services, read “U.S. Pushes For Open Legal Markets At GATS Talks” by Julius Melnitzer in Inside Counsel:

“The United States exported $3.38 billion in legal advice in 2003, almost four times the $879 million it imported, according to the most recently available statistics from the U.S. Department of Commerce.”

The proponents of the exchange of legal services argue that “in today’s increasingly global market, lawyers need to follow their clients to the countries where they operate and give them advice on the laws of their home country and international law.”   There is also a wider benefit: “Liberalization promotes the spread of legal skills to places where those skills might be wanting….Liberalization also promotes economic development within the rule of law.”

On stress and memory

Here’s good news and bad news about stress and memory delivered by SharpBrains.  Bar candidates, listen in.  Short-term, acute stress can help you concentrate and remember things better.   That’s because the adrenal glands respond to the initial dose of stress by immediately releasing adrenalin, which can help your performance.  However, long-term stress has the opposite effect.  If the stress is severe or persistent, the adrenals release cortisol, which damages the neurons in the hippocampus, a part of the brain that is central to memory and learning.  Make sure you take this quick test to measure your stress levels.   

To find out more about how your brain responds to various stressful situations, check out Stress on the Brain  from The Franklin Institute Resources for Science Learning.

How do you manage your stress levels?  These 52 Proven Stress Reducers are a good place to start.   

Tip bit #23: Make a list of what you really need to learn.

Today’s tip is inspired by Stephen Downes’ list of “What You Really Need To Learn”.  He thinks it is important to learn:

• How to predict consequences
• How to read (and really understand)
• How to distinguish truth from fiction
• How to empathize
• How to be creative
• How to communicate clearly
• How to learn
• How to stay healthy
• How to value yourself
• How to live meaningfully

Many of the above skills are not taught in school and yet they seem to be essential if you want to have a good life and be successful in today’s world. 

So, what is in your list? 

National Pro Bono Opportunities Guide

Looking for opportunities to do good and gain legal experience?  Look no further than the National Pro Bono Opportunities Guide, a project jointly sponsored by the American Bar Association’s Standing Committee on Pro Bono and Public Service, the ABA Center for Pro Bono and Pro Bono Net.

The Guide lists various programs across the United States that need volunteer legal professionals. After you choose the state that interests you, you will be taken to the listing of the programs in that state.  The directory offers additional filters to narrow your search options by county, area of law, the population groups served and the volunteers’ desired level of experience. The last filter allows you to search projects for law students, transactional lawyers, mentors, paralegals and others.  You can also search by keywords. 

How to turn boring into fun

Let’s admit, sometimes we just have to do the boring stuff and there is no way around it.  Is there a way to sweeten the pill?  Try the following strategies to add excitement to your boring tasks.

1. Use fun tools, gadgets and accessories to do the task.  A nice pen, a sleek black Moleskine, a shiny techno-gadget can have surprising soul-soothing qualities and help to move you along.
2. Schedule some fun to reward yourself for completing the boring project and instead of focusing on how bored you are, visualize the fun part.  The anticipation of the reward is a great mood-booster in itself. 
3. Use the boring task as a procrastination method for something even less exciting.  When do you feel the urge to clean your house?  When you need to study for an exam or write a paper.  What is fun and what is boring is relative. 
4. Approach the boring with the beginner’s mind.  You don’t know that it’s boring.  Is there anything new to learn from this task?  Do it and pay attention as if you were doing it for the first time.  Question how you do things and why.  Have you noticed how kids can be fascinated with most ordinary things?  How they really study an object, poke and prod and test it?  Unleash your own curiosity.
5. Explain what you are doing to a child.  Their questions may force you to look at the situation from a different perspective.  They will make you wonder.
6. Talk to a person who enjoys doing what you consider boring.  Their passion and commitment can make the most ordinary thing look extraordinary.  Enthusiasm is infectious.
7. Role-play and pretend to be somebody who is really good at the task you are about to do.  What makes them so good at it?  Get into their mindset. 
8. Capture the contrast.  Pair up your boring task with an activity that you enjoy.  Brew some good coffee, turn on your favorite CD.  You will feel better.
9. Change the process.  Speed it up or slow it down.  Add a challenge.  Exaggerate or eliminate.  Do things differently. 
10. Fuel your competitive spirit.  Find somebody how has to do the same thing and turn the task into a competition. 
11. Change your physical environment.   If you task is portable, take it to a park, beach, coffee shop.   If you have to stay in the office or at home, change the lighting, turn on a water fountain, buy some flowers, put up a nice painting or poster on the wall.  Look for things that stimulate your senses:  smell good aromas, listen to soothing sounds, divert your eyes to take in beauty.
12. Create a story around your project.  Define your goal.  Find your direction.  Are you a struggling hero in conflict?  Are you bracing yourself for a big obstacle to overcome?  Write the script and make it exciting.
    
    How do you fight boredom?

Research resources for summer associates

It’s not all play for summer associates, after all. You will have to do some work, such as research and writing.  Here are a few sites to bookmark that will help you develop your research strategy.

LawyerExpress, “designed by a busy lawyer for busy lawyers,” brings you a lot of information in a convenient and customizable format:  Here’s how they define their objective:

“Our primary goal at LawyerExpress is to make the Internet worth your while. Toward that end, we've developed great tools to find the "20%" that would be valuable to attorneys. LawyerExpress transforms what can be an inefficient, unruly morass of information into a format that works smarter and faster for busy people.” 

Georgetown Law Library connects summer associates to various legal resources.  Check out their State Research Guides and Online Tutorials, covering research in statutes, cases, administrative law, secondary sources, and other areas.

Finally, here are tips on summer associate research strategies from the University of Missouri-Columbia School of Law Library.

Confusing legalese is a barrier to regulatory compliance

"When a filing is prescribed to be filed with more than one of the foregoing, the filing shall be deemed filed as of the day the last one actually receives the same."
Department of Justice regulation

Confusing legalese is a barrier to regulatory compliance, according to the experts on the use of plain language and representatives of small business who testified before the House Government Reform Committee's Subcommittee on Regulatory Affairs.  I can understand that.  It is difficult to comply if you don’t know what the regulators want from you.  The above excerpt from a regulation is just one of many examples of confusing and ambiguous legal writing highlighted in the hearing.

To find out more about the hearing, read  “Hearing Highlights Confusion Caused by "Legalese" in Regulation” from OMB Watch:

“There was also consensus that using plain, easily understood language could reduce the burden of regulations on both federal agencies and regulated communities.” 

Here is one possible way to rewrite the confusing sample above:
"We consider a filing to have occurred when all those who must receive the filing receive it."   (From Testimony by Annetta L. Cheek, Vice-Chair of the Center for Plain Language).

Tip bit #22: On managing expectations

Many problems can be avoided or resolved easier if you are good at managing people’s expectations.  We may want many things in work and life, but because we know that we can’t get them all, we are sensitive about things that we expect to get.  That’s our compromise, so to speak.  I may give up X, but I better get Y.  If you know how to lower or raise people’s expectations, you have an influence over their levels of happiness, satisfaction, appreciation.  I don’t suggest that you manipulate people by setting their expectations low on purpose.  I believe in honesty and respect when dealing with people.  After all, trust is essential in serving professions, such as law, but it is also fragile.  On the other hand, you should not promise what you can’t deliver.  But you already know that.  Let’s look at a few scenarios when managing expectations can save you a lot of trouble.   

Scenario 1 

You get an assignment from a partner.  You think you understand what the partner wants even though you are a bit fuzzy on a few points.  You think you will figure it out once you research the question more.  You don’t want to ask for clarifications now because you don’t want to look incompetent.  “What if I am supposed to know that?” your inner critic says in a reproaching kind of voice.  You go ahead and do your research.  One hundred billable hours later, as you are talking to the partner again, you are told that you answered a wrong question.

The lesson from Scenario 1 is that in order to manage expectations, you need to know what they are.  To be clear about your task or the process to be followed to solve the problem, ask questions and repeat the essence of what you heard in your own words to make sure you understood correctly.  Fire the inner critic.

Scenario 2

You get an assignment from your boss.  The task is clear.  As you go about your business, a few complications arise.  You think you can handle them on your own.  You don’t want to bother the boss with minor details.  The inner critic says, “The boss will never give me any serious work if I can’t handle this.”  Before you know it, two hundred billable hours later, the complications snowball into a major disaster. 

The lesson from Scenario 2 is that you must keep the channels of communication open.  Good bosses know how to stay on top of things without being a micromanager.  But if it’s not your boss, the burden is on you to make a call when something needs to be brought to her attention.  What you want to do is to have a plan ready how you would handle the situation.  That way, you are not complaining about a problem, you are offering a solution.  And fire the inner critic.

Scenario 3

You get an assignment with a deadline.  You need to coordinate with John Doe, who has an important role in the project.  No problem.  You think you will be ready in time with your part and so will John Doe.  Unfortunately, John Doe has a family emergency.  You think you can still finish on time when John Doe shows up in the office on Monday, so you don’t let anybody know that the deadline may be compromised and you don’t reschedule any meetings.  “They will kill the messenger,” admonishes the inner critic.  John Doe is not in the office on Monday. 

The lesson from Scenario 3 is that sometimes you have to deliver the bad news.  Nobody likes to miss a deadline, especially an important one.  But things happen, and if you keep communicating with your team and your clients, you may be able to renegotiate the deadline, which is better than missing it.  So, fire the inner critic.

Do you have your own scenario?