Lawsagna

Fortune Cookie

Things are never as good or as bad as they seem.

"Connecticut Lemon Law Gives Consumers a Choice" by Sergei Lemberg

Sergei Lemberg, a Connecticut lemon law attorney,  is sitting in the guest blogger’s chair today.

Connecticut was the first state in the nation to enact a lemon law that gives consumers recourse when they’ve discovered they’ve purchased a defective vehicle. That was over 25 years ago, but the law is still working hard to protect the people of Connecticut.  There are generally two avenues for prosecuting lemon law claims: CT state-run lemon law arbitration program and the courts. Consumers may choose their venue.

Late last spring, we were surprised when, after we filed a routine lemon law complaint in court, Volkswagen responded with a motion to strike down our claim. The manufacturer held the view that Connecticut’s lemon law only allows consumers to take action through the state Attorney General’s arbitration program – not directly to court.

The court ruled that, when the legislature amended Connecticut lemon law and directed the Connecticut Department of Consumer Protection to launch an arbitration program, their intent was not to preclude people from their private right of action.

It goes without saying that we agreed with the judge’s ruling, but the affirmation reinforced that consumers can choose between the court system and the arbitration program when manufacturers won’t step up and buy back or replace defective vehicles.

Personal productivity and mind body connection

In our fast-paced world, maintaining focused energy is one of the biggest personal productivity challenges.  Much of the energy drain happens due to the sense of mental overwhelm and frequent information overload.  This sense of overwhelm and inability to cope effectively with the daily flow of information, interactions, and distractions is a significant cause of stress and decrease in productivity for many people.

What stops you from having focused mental energy right now?  Here's a list of common energy drainers and stressors.  Do you see anything that applies to you? 

•    Lack of focus
•    Mental clutter;
•    Mindless distractions;
•    Fear of uncertainty;
•    Pessimistic attitude;
•    Self-criticism;
•    Unrealistic expectations or beliefs;
•    Information overload;
•    Perfectionism;
•    Low self-esteem;
•    Procrastination;
•    Negative self-talk;
•    Overwhelming negative emotions;
•    Resistance;
•    Misalignment between your life purpose and everyday actions;
•    Poor diet;
•    Insufficient physical activity;
•    Lack of sleep;
•    Toxic home or work environment;
•    Lack of social support.

Now, picture the power of the focused energy and how it could transform your life.  Imagine what it feels like to be so absorbed by the task that nothing else matters.  Certain practices enable us to maintain clear focus and add more energy to our days.  Here’s what you can do to boost your energy and personal productivity. 

1. Stop multitasking to avoid the "sprinkler effect."
   If you are easily distracted by thoughts buzzing in your head as you are trying to concentrate on a project, you are not alone.  Mental noise and distractions create energy leaks.  I call it the "sprinkler effect."  Just like the sprinkler cuts through the stream of water dispersing it, distractions dissipate our energy.  Our focus and perception diminish when it happens.  Think of all the distractions throughout your typical day:  a phone rings, an urgent email pops up, somebody interrupts your train of thought, etc.  A common response is to multitask, but multitasking doesn't work.  Our brains cannot do parallel processing if it requires conscious awareness. Multitasking is really a rapid task switching.  The more complex and unfamiliar the tasks are, the longer it is going to take to switch between them.  Multitasking causes the sprinkler effect. 
2. Pay attention:  awareness = mental "White Space."
   We can experience more focused energy if we practice mindfulness and give our full attention to the present moment.  As we cultivate awareness, we gain the state of clarity, or the mental "white space."  In art and design, the concept of "white space" refers to the absence, or nothingness, that makes the content stand out.  White space creates balance.  Similarly, when we are truly present and aware, our perception is heightened.  We notice things we wouldn't otherwise.  We experience more insights.  We respond to situations as they arise without stress or worry generated by mental clutter.
3. Chop up your projects and your work days into chunks.
   Create a sequence of specific, measurable steps to complete your current project.  Set milestones and deadlines to keep track of your progress.  Then, divide your work day into chunks of uninterrupted time when you can focus on your scheduled tasks and eliminate distractions.       
4. Verbalize distractions:  pour your disruptive thoughts onto paper.
   When you feel bogged down by persistent, negative thoughts, write them all down and set the time when you will review the list.  Writing thoughts down decreases their negative influence on the mind.  When your scheduled time comes, review the list and determine which thoughts actually deserve your time and energy.  Develop a habit of verbalizing your fears, doubts, and concerns.
5. Practice WOW: "Witness Ordinary Wonders."
   Present is the only thing that we ever experience, but how much time do we spend projecting our present fears and beliefs into the future or holding on to the constructs from the past that don't serve us well?
   
   It takes practice to be present, but it can be done with any activity, no matter what it is and how small it may seem.  This is about your mental attitude, and not the attribute of the activity itself.  Here's what you do:
   
   Each day, take time to choose an ordinary thing from your surroundings or a simple activity that you normally do almost on auto-pilot.  Approach it as if you have never seen or done it before – with the beginner's mind.  Think of a child who has not learned a label of your chosen item or action and is trying to figure it out.  What new aspects of this familiar object or activity do you notice?  What piques your curiosity?
6. Befriend your emotions, even the negative ones.
   It's natural and human to experience the whole range of emotions.  What's important is how we process those emotions in our minds and our bodies.  There are constructive ways to deal with negative emotions.  You don't want to bottle them up because you will end up with emotional and energetic imbalances.  Instead, you want to let yourself experience the emotion, just be with it for some time and observe.  Recognizing negative emotions, labeling them, and paying attention to the physiological responses these emotions produce in your body may help to counteract their effect.
7. Don't resist, accept:  stewing is worse than doing.
   Do you ever feel so overwhelmed and exhausted by all of the things you need to do that you can only complain and procrastinate instead of taking action?  All this time, you are building resistance.  Many people can relate to this experience.  Resisting and complaining sap your energy.  Whenever you feel the build-up of resistance, you want to stop and think about how you can move from resistance to acceptance.  My earlier post on 5 ways to procrastinate with purpose can help you prepare for action. 
8. Get excited!
   Don't wait for the next holiday to start a celebration.  Make a list of five things that you are excited about today.  What brings you joy when you just think about it?  We all should have something to celebrate each day.  This is a good exercise to do in the morning to begin your day on a positive note.
   
   Next, list five things that you are grateful for or people you would like to thank.  Notice any shifts in your emotional state once you have competed the exercise. Expressing gratitude for things that go well is a sure way to cultivate positive emotions.  Positive psychology studies have linked feelings of gratitude to emotional well-being.
9. Have a clear vision.
   When Michelangelo was asked how he created the sculpture of David out of the block of marble, he said:  "I simply chipped away everything that wasn't David."  You can chip away at marble, but you won't create David unless you have a clear vision. Know what your "David" is. 
10. Eliminate inconsistent goals:  don't try to be in two places at the same time.
    Prioritize and eliminate inconsistent goals.  The goals we set often compete for our time, effort, and resources.  It’s important to know the priority of your goals and check for conflicting objectives.  You may be as passionate about visiting Italy as you are about visiting Brazil, but you can't be in two places at the same time.  You must choose.
11. Use the three "Energize-Rs" to supercharge your days:  rhythms, rituals, and routines.
    Paying attention to the changes in your energy patterns throughout the day is a first step towards bringing more energy into your life.  You can do it with the help of the three "Energize-Rs":  Rhythms, Rituals, and Routines.  Here's the link to my post on these three powerful "Energize-Rs."
    
12. Embrace uncertainty, just like you would do in a casino.
    How comfortable are you with uncertainty?  What stops some people from pursuing their dreams and their mission is fear of the unknown.  Interestingly, uncertainty can actually add to our motivation.
    
    Do you ever wonder how people can spend hours pulling a lever of a slot machine?  It is the uncertainty of the reward that keeps them interested.  The anticipation of uncertain rewards has been linked to the increased production of the neuromodulator dopamine, which is responsible for a focused attention and more pleasurable experience.  Imagine what would happen if you were to get a regular salary for pulling the same lever but no chance of a random win. You’d be bored to death very soon.  The uncertainty of the reward keeps the excitement alive.
13. Practice bodily awareness: think on your feet.
    We all have bodily-kinesthetic intelligence that enables us to learn through movement.  Our body can also guide us in making decisions if we are attuned to our physiological responses.  When you are evaluating your options, listen to your body.  If your breathing is full and open, your muscles are relaxed, and you sense pleasant spaciousness in the chest or head, you may be moving in the right direction.  On the other hand, if your muscles become tense, especially in the shoulder and neck area, you have a "pit" in the stomach, or your attention is scattered, your body may be telling you that something is amiss. 
14. Don't let toxic words poison your body.
    Avoid negative conversations as you eat because the chemicals your brain sends through your body in response to the negative emotions or stress affect your digestion, and you need nutrients for sustainable physical energy.  Don't let toxic words poison your body and block your energy flow. 
15. Open an account at the Bliss Bank.
    Start feeding healthy, energizing images to your mind and you will feel more energized yourself.  Consider opening an account at the "Bliss Bank."  The Bliss Bank is a collection of small things that can cheer you up quickly.  It can be pictures of your kids or your pets, a souvenir from your favorite place, a song or an image.  Your Bliss Bank should be easily accessible at home, in your office, and your car so that you could draw from it whenever you felt sad, stressed out, or simply needed to recharge.
16. Use the power of visualizations: if you don't like what your eyeballs see, use your mind's eye to create whatever you want.
    The images we create in our mind's eye can be as real to our brain as the ones we see with our eyeballs.  Athletes use the power of visualizations and mental rehearsal to train, and so can we to boost our energy.  What could you imagine right now that would help you feel energized?
17. Tune up:  listen to music and healing sounds.
    Music elevates dopamine levels, those "feel good" molecules.  If you think of it, music delivers many of the benefits that people often try to get from food:  stress relief, comfort, energy, pleasure, etc.  So, let's start using music and movement to bring more energy, joy, and vibrance into our lives.
    
    Ayurveda, a system of medical knowledge that originated in India more than 5,000 years ago, explains healing sounds as rhythms and vibrations found in nature that resonate with our bodies.  Spending more time outdoors and listening to natural sounds of wind, waves, leaves, and birds can have a harmonizing effect on your body and mind.
18. Embrace your "wild" side: spend more time in nature.
    We’ve all probably experienced the peace and clarity that nature can bring about.  We don’t need to go far to have the benefits.  Take your pressing problem for a walk in the park.  If you enjoy gardening, remind yourself of the need to love and nurture yourself as you water and nurture your plants. 
19. Hang out with people who can lighten up the room.
    Sometimes, all we need to do to get energized is to talk to certain people. 

• Who are those people with vibrant, positive energy in your life?
• How can you limit your interactions with people who drain you? 
• How can you strengthen your support system?
  
  Taking personal responsibility for your energy also has an effect of attracting more people with positive energy into your life.  Do you know people who can lighten up the room with their presence?  Everybody wants to be around them.  With little practice and conscious choices, you can be that person.

What are your best personal energy management practices?

Working/Learning Carnival

Michele Martin of The Bamboo Project Blog is hosting the September edition of the Working/Learning Carnival today.  The topic is how to stay motivated for learning.   Check it out.  You can find the information about the Working/Learning Carnival and its past editions here.

Orientation Series: 21 Steps to Becoming a Better Learner Step 21: Inspired Learning

Learning seems to be more on people's minds in September because kids go back to school.  My daughter, Alexis, who is 2.5 years old went to her playschool for the first time last week.  She wasn't very happy at first even though she is there only for three hours a few days a week, but things are getting better.  This is a good time to remember that although it may have been a while since our own school days, learning never stops.  Moreover, certain things in life we have to learn despite or, maybe, because of our resistance and kicking and screaming.  This brings me to the topic of today’s post – inspired learning.

Even when we are done with formal education, we still live out our personal learning curriculum every day.  This learning is not about getting good grades or impressing others, but rather about our continuously improving and growing. It's about directed personal development that is the hallmark of a rich and vibrant life. How do we decide what to learn?  How do we keep track of what we are learning?  Here are a few things to consider in designing a personal learning curriculum.

Seeking learning that matters.  There is usually a gap between information and transformation, knowledge acquisition and action, intent and impact.  Possible causes for such a gap are the lack of relevancy, inertia, and wavering attention.  For the learning to stick and matter, it needs to be personal, meaningful, and inspiring.  The following three questions may help us close the gap.  As you consider what you should be learning, go ahead and ask:

1. What's in it for me?
2. What's in it for those who I love and care about?
3. What's in it for those I serve?

Inspired learning enables us to improve our own lives and lives of others.

Reflecting on our learning.   Awareness of how we learn every day is the first step to gaining more control over our personal learning curriculum.  The learning goals we set for ourselves are driven by the outcomes we want to achieve in work and life.  When we make a conscious decision to learn something, the progression towards our goals is easier to track.  But it's not the whole picture of learning.  The challenge is to become aware of what we learn unintentionally. For example, children model their behavior after parents, including negative patterns because they don't have yet the capacity to decide what's good for them and what's not so good.  Adults can also learn undesirable habits without much thought.  Mindfulness is the antidote for unintentional learning.  Awareness can also help us to focus attention on positive learning that sometimes goes unnoticed.  The following questions are good for detecting unintentional learning that have happened during the day:

1. What could I have done better?  This question gives us a chance to reflect on our actions and improve on them so that we can do better next time.  We unlearn negative behavior patterns by replacing them with better alternatives.  
2. What triggered strong negative emotions in me today?  As much as we like to attribute our negative reactions to the behavior of others, these reactions are opportunities to examine our own perceptions and mindset. If we get frustrated because the traffic light turns red, the problem is not the light. If left unresolved, these negative patterns may grow stronger if we are exposed to the trigger again, and as a result, we unintentionally learn to react in an undesirable way.
3. What should I do more of?  This question helps to reinforce what's working well for us.  As they say, energy flows where attention goes.  
4. What assumptions and beliefs undermined my achievements today?  Unchecked assumptions may lead to misunderstandings, poor decision-making, and repeated mistakes.  They keep us stuck in the old paradigms. This question aims to break rigid thinking patters that we may have learned unintentionally and open our mind to new perspectives.    
5. What assumptions and beliefs supported my progress?  We want to nurture these beliefs because they are the foundation of our future successes.  

Being mindful of learning as it happens.   The practice of reflection may lead us to a new level of awareness:  we may be able to monitor our learning as it occurs and adjust our course of actions as needed instead of reflecting on things only after they happened.  We are able to gain the state of clarity that I like to describe as the mental "white space."  In art and design, the concept of "white space" refers to the absence, or nothingness, that makes the content stand out.  White space creates balance.  Similarly, when we are truly present and aware, our perception is heightened.  We notice things we wouldn't otherwise.  We experience more insights.  We respond to situations as they arise without stress or worry generated by mental clutter.  This is learning in the moment, with the mind open to all relevant cues our environment has to offer.  

Expanding our information channels.  Information is inside and all around us.  How do we decide what to notice and act upon?  We are used to relying on our critical thinking and cognitive abilities to process and filter information.  This limits our learning to what we can observe through our senses and get to know through thinking.  Recognize that we can access information through a variety of channels:  text, images, people, experiences, dreams, intuition, feelings, emotions, etc.  Some of these channels are rarely used, if at all.  If we only stick to the preferred ways to receive and process information, we may develop a tunnel vision.  The challenge is to learn how to use different information channels and integrate them for the optimum decision-making.  For example, if you are a logical/analytical type, try using your intuition more often or notice your emotional and physiological responses once you've made a decision.  

Emptying the mind-cup.  You may have heard the Zen parable about a cup of tea.  A university professor came to visit a Zen master to inquire about Zen.
The Zen master served tea.   He poured the cup full and kept on pouring.  The professor watched the overflow in bewilderment and then protested: "It is overfull. No more will go in!"  The Zen master said, "Like this cup, your mind is full of your own opinions and preconceptions. How can I show you Zen unless you first empty your cup?"

There is learning, and then there is knowing that comes from learning less rather than more.  Information overload doesn't make us wiser.  Sometimes, we need to quiet our mind to have a true insight.  Try incorporating practices that help you gain clarity and heighten perception, such as meditation, guided visualizations, longer walks in nature, or simply naps.  You may discover that you are able to concentrate better, notice more, and respond creatively to challenges as they arise.     

Creating flow.  In his book “Finding Flow,” Mihaly Csikszentmihalyi talks about how to achieve the state of complete engagement, "being in the zone," or "flow."  It is a very joyful state when we are completely immersed in the experience, free of fears and doubts, and we often lose the track of time.  According to the author, the conditions that make the "flow" more likely to occur include:

• clear and compatible goals,
• immediate feedback, and
• a fine match between the skills and the challenge to avoid anxiety when the challenge is too high or boredom when  it is to low compared to the level of skills.  

The state of flow is characterized by clear focus, involvement, and control – all important attributes of inspired learning.  Csikszentmihalyi writes, "Thus the flow experience acts as a magnet for learning – that is, for developing new levels of challenges and skills." 

Recognizing serendipitous learning opportunities.   As much as we'd like to control our personal learning curriculum, it is important to embrace some element of uncertainty when it comes to learning and be open to important lessons as they come.  Indulge your curiosity and trust your instincts to take you to the learning path you need to follow in the moment.  

What does inspired learning mean to you?   Please share...

Orientation Series:  21 Steps to Becoming a Better Learner:
Step 1:  Setting your learning objectives
Step 2:  Taking an inventory of your skills
Step 3:  Taking an Inventory of Your Learning Tools
Step 4:  Finding opportunities for cognitive apprenticeship
Step 5:   Determining the "IIQ" of what you read
Step 6:  Choosing helpful books for law students
Step 7:  “The Three 'P's of Performance” in Action
Step 8:  Tapping into your social networks
Step 9:  Identifying your learning barriers
Step 10:  Finding your sources of motivation
Step 11:  Managing your energy
Step 12:  Focusing on how you think
Step 13:  Mastering informal learning and professional development
Step 14:  Asking Good Questions
Step 15:  Condensing your knowledge
Step 16:  Memorizing
Step 17:  Becoming a reflective learner
Step 18:  Establishing rhythms, rituals, and routines
Step 19:  Learning holistically
Step 20:  Learning to learn

Dancing around the world (video)

A friend sent me the link to this video.   It made me smile.  Are you ready to dance?

Where the Hell is Matt? (2008) from Matthew Harding on Vimeo.

Constructive thinking during meditation

Many people find it difficult to quiet their minds when they meditate.  Some erroneously assume that they are supposed to eliminate thinking altogether.  The article "Thoughts on Thinking" by Edward Espe Brown, a Zen priest and author, offers tips on how to engage your thinking constructively when you meditate. 

Rather than eliminate thinking, you could say that one of the basic skills to develop in meditation is to be able to hold and sustain contradictory thoughts—calming the impulse to eliminate the opposition. One obvious example has to do with sitting still. You want to sit still, so can you have the thought to move and go on sitting still? Or do you have to do what the thought says?

The first strategy is to focus your thinking on posture and breathing.  For example, your thinking may enable you to count the breaths or keep your spine straight. 

The second strategy is to give your thinking a task.  For example, you can ponder Koans to break traditional thinking patterns or take mental notes of what's going on, such as "thinking," "judging," "labeling," "feeling happy," etc. 

The third strategy is to ask your thinking to leave you alone for now and promise to check back later.  The author recounts the advice he received from a speech consultant when he had trouble expressing himself at meetings:

"Tell me what you wanted to say," she prompted.

"I can't." When she wondered why not, I explained: "My thinking won't let me. It says it won't be good enough."

She offered some instructions: "Ask your thinking to go into the room next door while you talk, and promise that you will check back with it when you are done."

"It won't go."

"There's a television there."

"It doesn't believe I'll check back."

"Promise."

"It still won't go," I lamented.

"Close the door! Force it shut!" she insisted.

Finally, I told her what I had wanted to say at the meeting. "Now, let's ask your thinking what it thought," she said. My thinking was pleased and relieved to be consulted: "That was rather good," it told me. But my speech consultant wasn't finished. "And now let's ask your thinking if it has any suggestions for improvement?"

My thinking was so pleased and politely responded, "You might have tried this or emphasized that a little more."

This was a fundamental shift from the more habitual approach of simply telling my thinking to go away and not "bother" me. Here, I asked my thinking to be quiet so as to closely observe what was happening—and then tell me about it.

You can read the full article "Thoughts on Thinking" by Edward Espe Brown here.

The Complete Lawyer focuses on "The Brave New World Of Associates"

The current issue of The Compete Lawyer is dedicated to associates.  There are plenty of insightful offerings from professional development to lifestyle to productivity and networking, so check it out. 

"Q-tools: An approach for discovery and knowledge work" by Dave Gray

In the world of rapid information flow, asking the right questions is often more important than knowing the answers.  Dave Gray offers an interesting paradigm of questions to help us process information:

A prism is a question that divides information into smaller groups. The purpose of a prism is to break down information into categories or subgroups…

A razor is a question that divides information into two categories, based on relevance. The purpose of a razor is to define a boundary which can be used to sort any incoming information, and determine whether it lies inside our outside the boundary…

A generator is a question that has a potentially unlimited number of answers. The purpose of a generator is to explore new or unknown territory and to find knowledge that may be hidden and make it explicit…

A peeler is a single question that, when repeated, drives attention to deeper and deeper levels, like the peeling of an onion. The purpose of a peeler is to penetrate beyond superficial levels in order to get to the heart of the matter…

A flanker is a question that seeks patterns or ideas that are similar. The purpose of a flanker is to think laterally and find an analogous situation that may help you think about things differently…

A splicer is a question that combines information, or sets, into groups. The purpose of a splicer is to find larger categories and simplify collections of information…

A pointer is a question that has a well-defined or broadly agreed-upon answer, or set of answers. The purpose of a pointer is to gather specific information…

Check out the full article for the visual representations of the question types and specific examples of their use.