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Law and The Good Life / NOV 2024
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After you purchase this electronic publication, it will be downloaded to your ICLEF Online Account. After logging in to your ICLEF Online Account simply click on the "My Account" tab to access the materials.
Note: All ICLEF Publications are protected under © copyright laws of the United States and may not be disseminated, by or through any means, without prior written approval of the Indiana Continuing Legal Education Forum (ICLEF), 230 East Ohio Street, Suite 300, Indianapolis, Indiana 46204 // ph: (317) 637-9102 // fax: (317) 633-8780 // e-mail: iclef@iclef.org
___________________________________________________________________________________________________ From the creators of one of our highest rated seminars, "The Calling and the Legal Profession", ICLEF is proud to announce...
LAW AND THE GOOD LIFE
The question of what it means to live a good life is as old as Moses and Socrates. But in the last few years, the question has become of particular interest to the legal profession for the simple reason that, by many measures, the lives of many lawyers fall so short of the ideal. Problem drinking, depression, anxiety, loneliness, suicide – all occur at much higher levels among lawyers than among the general public, and for many, these are just the most obvious symptoms of deeper, more fundamental problems. In response, the American Bar Association has endorsed efforts to improve the profession through a new body of thought that attempts to use the methods of science to understand what it means to live well. The result has been the “lawyer well-being movement”, which advocates for changes in the profession to enable lawyers to enjoy well-being. The lawyer well-being movement is laudable for its recognition that something has gone wrong in the legal profession, but it is probably inadequate to the task of improving the lives of lawyers. Well-being cannot be engineered to occur; it always requires something more, which is not within our control. However, in the traditions of the legal profession can be found wisdom about the kinds of people we should become to enjoy a good life in the law. Vestiges of these traditions can be found in the Rules of Professional Conduct that govern the profession today. What are those traditions? How do they relate to well-being? How can a lawyer live a good life today?
AGENDA
9:00 A.M. Introduction – Lawyer Well-Being and A Good Life In The Law In 2018, the American Bar Association recognized that something was wrong with the legal profession and endorsed the lawyer well-being movement as a solution. Relying upon research in the social sciences concerning well-being in the general population, the movement defines lawyer well-being as a continuous process in which lawyers strive for thriving in six dimensions of their lives: intellectual, spiritual, physical, social, emotional and occupational. The movement, however, fails to account for the elusive nature of well-being and ignores the importance of formation for the flourishing of lawyers. Traditionally, professionals have undergone a process of formation through which they were formed to enjoy a good life in the law. The wisdom of this tradition can inform approaches to well-being today.
(Note: In addition to a review of the concept of lawyer well-being, the introduction will cover the Oath of Attorneys set forth in Rule 22 of the Indiana Rules for Admission to the Bar and Discipline of Attorneys and Section 33-43-1-3 of the Indiana Code.)
9:30 A.M. The Rules as A Path to Resonance & Well-Being Some would like to incorporate well-being into the Rules of Professional Conduct. Well-being, however, requires vital, “resonant” relationships with people, things and transcendent ideals. These kinds of relationships cannot be mandated through rules. Nonetheless, the Rules, viewed from the proper perspective, contain wisdom that can help lawyers flourish. What is this wisdom? How can the Rules be understood to aid lawyer well-being?
(Note: This presentation discuss Hoffman’s Rules, a precursor to the Model Rules of Professional Conduct; and Rules 1.1, 1.3, 1.5, 1.9, 1.8, 1.15, 3.1, 3.3, 3.7, 4.2 and 4.3 of the Indiana Rules of Professional Conduct.)
10:20 A.M. Break (15 minutes: 10:20 – 10:35)
10:35 A.M. Well-Being & Social Relationships It is difficult or impossible for lawyers to function effectively if they are depressed, addicted to alcohol or drugs, or simply burned out from over work, lack of connection with clients and colleagues, or a diminished sense of effectiveness. Yet there is more to promoting emotional health than simply getting more rest and reducing stress. Lawyers also need to build relationships with clients and colleagues, identify the aspects of the profession that they find most meaningful, and wherever possible, organize their work in ways that promote emotional well-being. What practical approaches can lawyers adopt to achieve such ends?
(Note: This presentation will include a discussion of Rule 12 of Rules for Admission to the Bar, which specifies that evidence of mental or emotional instability or evidence of drug or alcohol dependency may be considered in determining good moral character and fitness to practice law.)
11:25 A.M. Money & The Good Life of the Lawyer According to the traditional ideals of the profession, a lawyer’s primary purpose was to serve his community and nation. Earning money was said to be only incidental. For many today, it would be difficult to assert this ideal with a straight face. The law is a $1 trillion dollar global industry in which law firms tout their profitability, and performing services without compensation is the primary indicator that a lawyer is serving society. What is the role of money and the competition of the marketplace in the good life of a lawyer?
(Note: This presentation will include discussion of Rules 1.5(a), 6.1, 7.1, 7.2, 7.3, 7.4 and 7.5 of the Indiana Rules of Professional Conduct as well as concepts of professionalism and the ABA’s historical role in promoting the profitability of providing legal services.)
12:15 P.M. Break for Lunch (Box Lunch Provided to In-Person Attendees)
1:15 P.M. Well-Being & The Transcendent The practice of law is not merely a technical endeavor. It also raises questions about purpose in work and life, human relationships and community, and the pursuit of human flourishing. It raises questions about the truth. To quote Dostoyevsky, “A man who lies to himself, and believes his own lies, becomes unable to recognize truth, either in himself or in anyone else, and he ends up losing respect for himself and for others. When he has no respect for anyone, he can no longer love, and in him, he yields to his impulses, indulges in the lowest form of pleasure, and behaves in the end like an animal in satisfying his vices. And it all comes from lying — to others and to yourself.” What can lawyers do to avoid lapsing into cynicism and develop a sense of calling to serve a larger purpose, develop better relationships, and contribute to the lives of others?
(Note: This presentation will include a discussion of Rules 21 and 22 of Rules for Admission to the Bar, which specify that applicants take a solemn oath prior to their admission to the Bar, which concludes with the phrase, “So help me God.”)
2:05 P.M. The Lonely Lawyer According to a 2018 survey, the practice of law is the loneliest of occupations, with lawyers agreeing at the highest rates with statements like “I have nobody to talk to,” “I feel left out,” and “It is difficult for me to make friends.” The traditional antidote to loneliness is friendship. Aristotle classified friendships based on the nature of their bond. Some are based on the usefulness of the friend; some friendships depend on the pleasure the friend provides; others rest on the friend’s good character. In tension with this tradition is Christianity, which has been understood to require us to act as a friend to everyone – including our enemies. The Rules of Professional Conduct limit the nature of the relationship a lawyer can have with a client and suggest the kind of relationship a lawyer should have with others inside and outside the profession. How might these rules and other traditions of the profession affect the nature of a lawyer’s relationships with clients, other lawyers and those outside the law who can ameliorate the pain of loneliness?
(Note: This presentation will include discussion of paragraphs (7) and (12) of the Preamble, Paragraph 16 of the Scope, Rules 1.7, 1.8(a), 1.8(c), 1.8(e), 1.8(j) and 8.3(a) of the Indiana Rules of Professional Conduct.)
2:55 P.M. Break 3:10 P.M. Well-Being & Physical Health
Recent research has revealed a number of domains that contribute to physical
health, which not only reduce the risk of premature mortality and extend life
but also promote greater health and vitality. This session will review the latest
findings in each of these areas, including weight control, healthy diet, exercise, and techniques for controlling stress, outlining disease-preventing and health-building habits that lawyers can cultivate at work and home.
(Note: This presentation will include a discussion of Rule 12 of Rules for Admission to the Bar, which specifies that applicants must possess the necessary fitness to practice law, including physical fitness, and Rule 1.16, which states that a lawyer shall not represent a client if a physical condition impairs the lawyer’s ability to do so.)
4:00 P.M. The Haunted Lawyer Lawyers today are haunted. Today’s approach to law has separated lawyers from the traditions that connect them with enduring ideals. A more balanced approach is needed to sustain American practices and institutions and recognize the significance and satisfactions of being a member of the legal profession.
(Note: This presentation will include discussion of Rule 6.1 of the Indiana Rules of Professional Conduct.)
4:30 P.M. Adjourn
Presenters
Mark Mutz is a lawyer, consultant and entrepreneur. His career has included private practice with a large law firm, acting as general counsel to two healthcare companies and service as an officer of a think tank. As a consultant, he plans, manages and leads transactions that involve a mix of legal, financial and relationship issues. His undergraduate degree is from Northwestern University and his law degree is from Yale Law School. He has served on the Boards of numerous for-profit and charitable organizations.
Richard Gunderman is Chancellor’s Professor of Radiology, Pediatrics, Medical Education, Philosophy, Liberal Arts, Philanthropy, and Medical Humanities and Health Studies at Indiana University, where he also serves as Bicentennial Professor and John A Campbell Professor of Radiology. An alumnus of Wabash College, he received his MD and PhD from the University of Chicago. He is a 10-time recipient of the Indiana University Trustees Teaching Award and has won numerous awards for scholarship and character, including the Gold Medal of the Association of University Radiologists. He is the author of over 800 articles and 15 books.
What Past Attendees Said About This Program...
- Very interesting...could have used this kind of instruction when I started practicing (i.e., 1978)! – Cynthia, LaPorte, IN
- Exceeded expectations – Charles, Ballwin, MO
- Phenomenal! – Jason, Maitland, FL
- Informative and Compelling – Felicia, Indianapolis, IN
- This was fantastic. I am going to recommend to all my partners… - Jon, Mishawaka, IN
- Best CLE ever – anonymous
To receive CLE credit for an ICLEF On-Demand or a LIVE WEBCAST seminar, you must watch the program in its entirety. ICLEF is unable to award partial CLE credit for viewing ICLEF On-Demand or LIVE WEBCAST seminars. You will have 30 days from the date-of-purchase to complete your ICLEF distance learning seminar. If you are unable to complete the LIVE WEBCAST seminar on the scheduled date of the seminar, ICLEF will place a copy of the ON DEMAND version of the program in your ICLEF Online Account three (3) to five (5) business days after the LIVE WEBCAST concludes. Please call or email ICLEF should you have further questions (317) 637-9102 or iclef@iclef.org
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