Obiter Dicta Issue 5 - October 26, 2015 | Page 11

HEALTH WEEK Tuesday, October 27, 2015   11 The Whole-Brain Lawyer L grace yogaretnam › contributor aw s t udent s mus t learn to s teadfas tly defend client s’ interests and advance the public good, all while upholding the integrity of our legal system. Why must we do these things? Because we will take an oath, and in that oath, these twin obligations — to clients and society as a whole — are tantamount to one another, rather than conflicting. Professional integrity and competence then, require that we hold them in the same esteem. But there is a third duty, an unspoken duty we have to ourselves that requires equal stead. It is the discharge of this third duty that equips us with the skills we need to fulfill the totality of our professional responsibilities. That duty is to know and care for ourselves. But, That’s Not What We Teach Students There is an explicit and implicit curriculum in law school. The explicit curriculum involves training in legal research, persuasive writing, and oral argument. The implicit curriculum comes in the form of things that are not spoken about but tolerated — sleep deprivation, poor nutrition, a lack of physical activity, impersonal relationships, as well as the use of stimulants and depressants. The most powerful endorsement of self-abandoning responses to stress manifests, not in the expectation that students meet the demands of a legal education, but in the complete omission of wellbeing practices that support students in doing so, within the curriculum itself. As a result, crucial life learning about to how to handle stress and how to abide by ethics and values during stressful times is privatized as “up to the student” or pathologized as necessary “only for those who suffer,” rather than personalized in accord with the student’s psycho-spiritual beliefs and conceived of as the noble work it is. The unintended lessons then, are in selfabandonment when confronted with stress, suppressing conscience as a response to injury and shutting down awareness as a means of preserving the status quo — all of which have implications for the richness of our client advocacy and vibrancy of our mental health. ê The categories of right brain and left brain are signifiers - neither could truly operate without the other. The key is to view the set of characteristics conferred by each side as the fulfillment of the other, rather than impediments to the full expression of either. Law Schools Are Not Alone The entire liberal arts model of education has been pushed through an ideological funnel so jagged and narrow, that only professional training has spiraled out the other end. What’s missing is instruction in how to discover who you are, consciously choose the values and ethics you will live by, and be true to yourself in the midst of life experiences that will actively dissuade you from doing these three things. What’s missing is an education in how to be a whole human being. Where have the humanities gone? Last year, North Americans spent over forty billion dollars on personal g row t h p ro ducts and services. T h i s a stou nding statistic repr e s e n t s m a ny things — a ffluence and the commercialization of mentorship to start, but it also signifies a mass effort to privately acquire the life skills we do not learn as youth and must possess in order to thrive as adults. “...the art of lawyering involves solving one problem without creating another...” Why Educate for Humanity? In the absence of training in how to fulfill our obligations as legal professionals, and in the presence of competing pressures to abdicate nonfiduciary responsibilities, law students can begin to unconsciously situate client interest at the top of a hierarchy in which nothing else matters—be it professional ethics, the public good, or their own wellbeing. That’s a problem because creating sustainable value for our clients amidst the most dire economic, social, and environmental challenges the world has ever known, requires legal innovations that account for multi-stakeholder interests — not only in negotiations but in the form of new business models, technologies, products, services, and political arrangements. Lawyers without the capacity to draw on resources such as empathy, creativity, and emotional resilience, in addition to intellectual prowess, are unlikely to be the source of that innovation. In the language of economics, getting the prices right, such that they reflect the full social, environmental, and financial costs of production — is necessary to bring the best products to market. When prices are inaccurate, inferior products persist. Similarly, seeing things as they really are, rather than as we’d prefer they be or always assumed they were, is a necessary quality of mind for creating laws and legal practices that best serve society’s needs. This is not to say there is no demand for ruthlessly adversarial lawyering, only that there is also a demad for holistic approaches to conf Ɩ7B&W6