Obiter Dicta Issue 5 - October 26, 2015 | Page 22

HEALTH WEEK 22  Obiter Dicta Whole-brain » continued from page 21 which stress can be a motivator and for which the sympathetic nervous system (fight or flight mode) must be activated. However, there are other tasks, for which the parasympathetic nervous system (rest and digest) must be employed. What the world needs are lawyers who can move freely between those states, and do so at will, amidst the urgency of their work. Three Problems, One Solution I use the term life skills because the professional skills that result in ethical lawyering, along with a lasting competitive advantage, are the same personal skills which produce abiding wellbeing. Those skills include: the capacity for objectivity, or having a sense of self apart from our life experiences and reactions thereto; wisdom, or the ability to see options amidst obstacles and the capacity to discern which of the two to honour at any particular time; resilience, or being able to heal from trauma; commitment, or the talent of persevering in the face of hardship; and finally, being connected to something greater than ourselves—whether that’s community, nature, or the divine. This type of life learning, whatever form of culturally appropriate tools it comes to you in— traditional knowledge, scripture, therapy, or continued education — is both the greatest gift we can give ourselves and a human need as basic as food and water. Severing such lessons from the pedagogy of law is a misstep. It is injurious to steward students into a service profession, without a conversation about the importance of fulfilling the responsibilities they have to themselves, not in lieu of meeting their professional obligations, but so that they are best equipped to do so. Ethical Lawyering Classes: Necessary But Insufficient Ethics are a product of the ideologies within which we find a home. Yet, ways of knowing rooted exclusively in left brained faculties, such as reason, only approximate a partial understanding of reality and thus, a partial value offering to our clients. We depend on right brain faculties to give meaning to our logic. It is the knowing born of empathy or the lack thereof, alongside our own sense of emotional abundance or scarcity, that shapes our operational beliefs around what’s fair and good, or unfair and undesirable. Operational beliefs are the beliefs that influence the choices we make when we think no one is watching. The narrower our perspectives, the more skewed our beliefs become. Partial perspectives, whether we are conscious of them or not, and whether rooted exclusively in left or right bra in faculties, lead to scenarios wherein irrational choices can be rationalized over and over again, until they result in the implosion of the very entities they seek to serve. This holds true whether those choices have to do with how we approach client advocacy, professional ethics, or stress. A few years ago, when questioned about the ethics of advising the United States government on how to torture prisoners without violating anti-torture laws, a deputy Attorney General famously suggested the task did not pose any ethical dilemmas because “legal opinions have never caused anyone any injury.” This statement can only be understood as cognitive dissonance, and cognitive dissonance is not a moral designation; it is an abdication of responsibility for the impact of our choices on others and the true character of our life’s work, as well as a tacit endorsement of the morality our decisions as lawyers imbue the world with. This is precisely the sort of thinking that leaves fifteen year old Omar Khadr in Guantanamo Bay, places Aboriginal children in residential schools, and mortgages away the ecological future of our nation. Of course, educating for life skills does not guarantee students will make the best choices at all times, only that they will be better equipped to do so than they are now. The Laws We Aren’t Learning In Indigenous legal traditions, laws are passed down as instructions in how to live a good life. I offer this example in contrast to common law traditions, wherein the separation of spirituality and state has had the unintended consequence of removing questions about who we are, what we want out of life, and how to be human from public discourse—  q uestions each of us must answer, whether we do so through the lens of faith, agnosticism, or atheism. The direct result of failing to ask and answer these questions, both as professionals and as a polity, is decay—a moral, political, social, and environmental erosion that leads to reduced functionality, an increase in dysfunction, and collapse. This unconscious erosion begins with a rupture in our relationship with ourselves, spreads to all our other relationships from there, and from those relationships back to us. Changing how we treat each other and how we If you have the ambition. Some people have long known what they want out of a career. They look beyond their present and focus on their future: a future with international scope, global clients and limitless possibilities. If you are that person, you’ve just found where your future lies. Law around the world nortonrosefulbright.com » see whole-brain, page 24