A Mindful Lawyer
63 min
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A Mindful Lawyer

An interview with Jon Krop

CLE Credit
AZ ›· Professional Responsibility
1 cr
CA ›· Wellness Competence
1 cr
CT ›· Ethics and Professionalism
1 cr
IL ›· Mental Health and Substance Abuse
1 cr
NY ›· Ethics and Professionalism
1 cr

The legal profession is known for high stakes and high stress, and the toll on lawyers' health and performance is well documented. Mindfulness, a form of attention training drawn from contemplative traditions and studied extensively by modern researchers, offers lawyers a practical way to respond to stress more skillfully, whether in a courtroom, at a negotiating table, or between calls.

In this TalksOnLaw interview, recorded in 2020, Joel Cohen speaks with Jon Krop, founder of Mindfulness for Lawyers and a former litigator and federal appellate clerk, about why legal work is so stressful, what mindfulness is and is not, and how busy lawyers can build it into the workday.

Why Lawyers Are Stressed

Krop explains the difference between motivating "eustress" and harmful distress, and why chronic stress impairs judgment, attention to detail, and self-control as well as health. Drawing on Dr. Martin Seligman's work, he describes three features of legal practice that contribute to lawyer unhappiness: low decision latitude, the trained habit of spotting what can go wrong, and the zero-sum nature of the adversary system. He cautions that stress is not only an individual problem and that legal employers share responsibility for the cultures they create.

What Mindfulness Is and What the Research Shows

Krop defines mindfulness as moment-to-moment awareness of present experience, explains why it is not "anti-thinking," and describes how practice creates space between an emotion and the response to it. He discusses research on stress, anxiety, and blood pressure, studies by Dr. Sara Lazar and Dr. Richard Davidson on changes in the brain, and why even modest daily practice produces measurable benefits.

Practices for a Lawyer's Day

Krop guides a short breath-awareness exercise and explains why noticing a wandering mind and returning is the practice itself. He covers formal practice of just a few minutes a day, "short sessions many times," mindful walking, driving mindfully, a labeling technique for acute stress that avoids both suppression and rumination, and a "mindful mini pause" that can be used during a call or meeting. The conversation also addresses alcohol use in the profession, mindfulness in law schools, and steps firms are taking toward broader well-being programs.

What to Know Now

More jurisdictions now treat lawyer well-being as part of mandatory continuing legal education. Minnesota began requiring at least one credit in mental health and substance use in each reporting cycle starting July 1, 2024, and states such as California, Nevada, and South Carolina already require credit in related areas. The ABA's Model Rule for Minimum Continuing Legal Education recommends one hour of mental health and substance use programming every three years, and the ABA's Well-Being Pledge for legal employers remains the profession's main framework for the kind of firm-wide programs discussed in this interview. Lawyers seeking confidential help can contact their state's Lawyer Assistance Program.

Additional Resources

FROM JON KROP

 

RESEARCH

 

PROFESSION RESOURCES

 

MORE FROM TALKSONLAW

About Jon Krop

“High levels of stress aren’t just bad for your health, but they’re bad for your performance.”

Jon Krop is the founder of Mindfulness for Lawyers. Krop has taught mindfulness and well-being at more than 60 top law firms, Fortune 100 companies, public defender’s offices, state courts, and government agencies including the Pentagon, as well as at Harvard, Yale, Stanford, New York University, and the University of Pennsylvania. After graduating from Harvard Law School, he clerked on the U.S. Court of Appeals for the Ninth Circuit and worked as a litigator at firms in Los Angeles and New York City. Through Mindfulness for Lawyers, Krop helps individuals reduce stress and improve their well-being through online programs and initiatives and in-person workshops. He has practiced mindfulness since 2006, including a seven-month silent meditation retreat in 2014. His seminars are targeted for lawyers and rest on the idea of being “designed for lawyers by a lawyer” and are specifically tailored to help lawyers lessen anxiety, ameliorate mental health as a whole, have greater emotional resilience, increased productivity, and countless other benefits.