Category: Wellness

Categories : Wellness

Be the Best You

On By sdcountybar

By Joan R. M. Bullock

In the March/April issue I wrote the article, “Today’s Lawyer,” focusing on the solo and small firm practitioner. I noted how the DIY economy, fueled by commoditization of legal solutions from digital platforms, threatens the practices of solo and small firm lawyers. A similar commoditization — developing reusable templates for bread-and-butter legal work — functioned well for the small firm practitioner. The practitioner profited from being able to charge a reasonable fee based upon the value of the legal solution proffered even though the actual time taken to provide the legal solution was shortened through the repeated use of the template. In fact, the small firm practitioner could expand the practice by utilizing interns, new lawyers and paralegals to complete and review the template for client matters with a resultant growth in revenue and profits for the firm’s bottom line. Digital platforms such as LegalZoom, Rocket Lawyer, Nolo, LawDepot and even the Google search engine, however, took this commoditization of legal solutions one step further—making a form of the template accessible to the lay market, permitting these platforms to profit from the volume of those seeking access as well as from the subsequent queries that come from the lay market utilizing those templates.

The increasing competitive nature of small firm practice and the growing encroachment of digital platforms in the legal services market have resulted in seasoned practices being reluctant to bring on novice attorneys who cannot contribute to the bottom line early on. Law schools have stepped up to this challenge and are providing more skills and experiential training in the curriculum. But is this enough?

About a month ago I got an update on LinkedIn regarding an article entitled “How a Thomas Jefferson Grad Came to be in Charge of the Ivy League Alums.” The author, Frederick Shelton, President and CEO of the Legal Business & Marketing Consulting firm of Shelton & Steele, wrote about the “Rainmaker’s Reward” and the utility of street smarts. It’s no secret that those who are able to make it rain are prized in a firm. Lawyers who can bring in new business are highly valued, even if they do little of the work that they bring in and even if they give little face time in the office. They add directly to the firm’s bottom line and therefore are given deference. This deference extends to how much time they need to spend in the office and how much client work they need do. Rainmakers have options. A firm not willing to give this deference will soon find that the revenue generated by the rainmakers will leave with those rainmakers to more accommodating firms. This is the “Rainmaker’s Reward” and it is control over the lawyer’s professional destiny and personal life.

Many lawyers, however, are uncomfortable seeing themselves as rainmakers. It looks too much like selling. They’d rather do the work. After all, that’s what law practice is all about. Unfortunately, those who do the work can be easily replaced—by smarter lawyers, less expensive lawyers or other professionals, or even technology. For example, even in the “olden days” tax law was complicated, with many tax returns completed by lawyers. Over the years, tax lawyers lost tax return clients to accounting firms; accounting firms lost many of these clients to volume-based businesses like H&R Block; volume-based businesses lost clients to software companies that catered directly to individual taxpayers. Now, for the simplest returns, the IRS allows individual taxpayers to complete their return from the IRS website without having to purchase the software. The now pervasive use of technology to assist in completing the tax return has converted a manual, calculator with pencil-and-paper approach by a professional, to a gathering of documents, fill-in-the-box approach by the consumer. Taxpayers’ ease in utilizing technology, coupled with software that replaces the judgment of a professional in determining the significance of the taxpayers’ information has, to a large extent, demystified the tax return process.

With more of the lawyer’s work being replaced by technology, it is critical that the lawyer develop a level of street smarts along with embracing the skills of a rainmaker. The sitting at the desk waiting for a prospective client or a supervising attorney to ring your phone or stop by your office and provide you with work is no longer a viable option. Street smarts is the creative edge needed to see and exploit gaps for competitive entry and differentiation. In this regard, the successful lawyer creates his or her own path for job security. A great example of this is TJSL alumna Candace Moon, who was profiled in the June 2018 issue of the ABA Journal. She created her entry into the practice of law by discerning and exploiting the gap in the craft beer industry.

Ultimately, lawyers want to have a sense of fulfillment, to believe that they are making a meaningful difference in the world and impacting their clients in a positive way. This can only happen if first, lawyers have control over their personal and professional lives. Accordingly, teaching law students today must include life skill lessons. We’ve heard it before: “In the event of loss of cabin pressure … place the oxygen mask on yourself first before assisting others.” Life happens to everyone. Lawyers take care of and counsel others best when they are in a good place by having first taken care of themselves. Be the best you for your clients and your firm. Take care of yourself — first. Read More

Categories : WellnessTags : 2 Comments

From Before to After: How I Shed Denial About My Health and Nearly 140 Pounds

On By sdcountybar

By Ray Estolano

I always used to argue, in true defense attorney fashion, that I was a healthy fat man.

Yes, my weight had ballooned up to 360 pounds since college. But, it was an athletic 360 pounds. I still worked out like I did in college and could last for an hour on the elliptical machine, so clearly I was still in good shape. What did it matter that the buttons from my tight dress shirts occasionally went flying when I sat down?

My family was alarmed at my weight gain and would try to prod me to lose weight. My wife tried being patient, kind and understanding — suggesting a salad when I would prefer a hamburger. My big brother Carlos decided on ridicule as a better course of action. He used to say that my Tomlinson jersey of #21 should really be #42! I had a number of “serious” conversations about my weight with friends and family.

Nothing really swayed me from my irrational belief that I was a healthy fat man. I would work out occasionally, but mostly ignored my weight. I never joined an organized weight loss program. When two of my closest friends underwent weight loss surgery, it gave me pause, but I told myself I would never do something like that. It was desperation to go under the knife, right? Still, occasionally I would look at old pictures of college and wonder.

Finally, my body started to have the final word. I began to find that I was tired all the time and started to feel sleepy even while driving. People would report that I would stop breathing when I was sleeping. I’d already suspected that I had sleep apnea from what an earlier doctor told me, but I went to be tested.

In 2012, when I took my sleep study for sleep apnea, my results were so grave that I got a personal call from the physician telling me to buy a CPAP machine immediately. A CPAP machine is a mask that you wear when sleeping which is connected by piping to an airflow machine. It keeps your throat from closing while you are asleep. My wife likens it to a Darth Vader mask. But aside from wearing a mask at night, I told myself that I was still a healthy fat man. I finished a 50-mile bike ride from Rosarito to Ensenada later that year to prove it.

Then came a court hearing in Department 6 in South Bay. I was looking at the wall calendar for a date and the images were blurring. I looked down at my phone’s calendar and couldn’t read it. My blurry vision lasted all week. By the time I made it to the urgent care later that week, it turned out that my blood sugar was so high that I had to argue with the doctor to not be hospitalized.

A few months after this, I’d been able to stabilize my diabetes through pills and a strict low GI diet, but somehow I could no longer fool myself into thinking I was healthy. I finally went to see my doctor, Dr. Sharma, to ask her about “going under the knife.” I was ready.

Instead, Dr. Sharma looked at me patiently and smiled. Then she asked me if I’d participated in an organized weight loss program before. I had to admit that I never had. It seemed to never work for any of my friends, so ….

“We have this wonderful program called positive choice that has had great results with my patients,” she said. I didn’t know it at the time, but the program would change my life.

The program was administered through Kaiser and was a medically monitored weight loss program using shakes as a replacement for food. For close to six months, all I had to eat were these awful tasting shakes. A friend in the group described them as dust with artificial flavoring. Once a week, we would meet to talk about our weight loss issues in a guided discussion. Sometimes, I think the conversations were harder than sticking to the diet, but I persevered in both.

I ended up losing close to a 140 pounds through the program. It felt strange to look at the mirror and see the man that I’d been a decade earlier. I went from a size 54 long suit to a size 46 long. My feet actually shrunk from a size 12 wide to an 11.5 regular. More importantly, my health was transformed. I no longer require medicine for diabetes or a breathing device for my sleep apnea.

It hasn’t been a completely easy journey. I think I’ll always have to be careful with my weight. I could easily regain the weight without proper discipline. But, I feel a long ways from the man who had claimed to be a healthy fat man. Now, I’m just a man who strives to be healthy.

Ray Estolano (estolano@gmail.com) is a solo practitioner.

This article was originally published in the Jul/Aug 2017 issue of 

San Diego Lawyer Read More

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From Medication to Meditation

On By sdcountybar

By Rick Waite

Two double vodkas on the rocks every night before dinner. To relax after a hard day at the office, I told myself. And then perhaps a glass of red wine with my meal. The burn in my throat turned into a dull buzz in my head and then I was numb. Self-medicating the anxiety, stress and anger away. It never interfered with my work. If I was in trial or had a big hearing the next day I never drank. But the rest of the time … Then, one day, I was done. What happened? I resumed my meditation practice after a break of 39 years.

I started meditating during my freshman year at Harvard in 1971. Maharishi Mahesh Yogi, guru to the Beatles, had turned the world on to Transcendental Meditation (TM). I received my mantra and began my meditation practice but I was overwhelmed by events during my freshman year and my meditation practice fell away in short order.

In 2010 I decided I needed to do something to cope with the stress of my law practice and my life generally. I heard that if you had ever received TM training you could go back for a refresher course. No charge. I called the Encinitas Transcendental Meditation center and asked if that was correct. The woman on the phone confirmed this.

“What’s your name?” she asked.

I told her.

She checked her database. “I’m sorry. I don’t see your name. Where and when did you receive your training?”

“Cambridge, Massachusetts. 1971,” I replied.

“Oh,” she said with a laugh. “Our records don’t go back that far. You can join us.”

I went to the TM training and committed that I would do it right this time. The TM way. Twenty minutes in the morning.

Twenty minutes in the afternoon. A couple of months after I started meditating every day I was halfway through dinner one night when I realized that I hadn’t had a drink. And I had no desire for one. That’s odd, I thought. The second day — same thing. No desire to drink. Maybe I’ll stop drinking for a week, I thought. The third day I decided I was done drinking. Forever. I poured the remains of my half gallon of vodka down the drain. The date: Sept. 8, 2010. I haven’t had a drink since. No 12-step program (of which I am a big fan). No cravings. No withdrawal. I just stopped. I am no scientist. But it seems to me that there is some correlation between my starting to meditate again and my decision to stop drinking. What do you think?

The benefits of meditation are now well known. In 1968 the Maharishi approached Harvard Medical School and asked that it research the benefits of TM. He claimed that the practice reduced blood pressure. The response was initially no but the Maharishi persisted. When he agreed to accept the outcome, whatever it might be, Dr. Herbert Benson, a cardiologist at Harvard Medical School, agreed to study the effects of meditation.

The Maharishi was right. Dr. Benson’s research demonstrated that meditation induces a state of deep relaxation which engages the parasympathetic nervous system by releasing chemicals in the brain that reduce blood pressure, metabolism, breathing and heart rate, and increase blood flow to the brain. Dr. Benson determined that 60 percent of all visits to healthcare providers are related to stress, which cause or exacerbate a number of medical conditions. His research showed that meditation can help with health problems associated with chronic stress such as fibromyalgia, gastrointestinal ailments, insomnia, hypertension, anxiety, headaches and chronic back pain. Dr. Benson published his research in the hugely influential book, The Relaxation Response. Dr. Benson’s research has been replicated by many other studies since its publication in 1975.

In his new book Tools of Titans: The Tactics, Routines and Habits of Billionaires, Icons and World Class Performers, Tim Ferris recounts when the Dalai Lama was asked how long it takes to have a life changing experience after starting a meditation practice. “About 50 hours,” he said.
That’s about how long it took me to have my epiphany and stop drinking after I established my daily meditation practice. Ferris also states that of all the world class performers he interviewed for his book, 80 percent meditate. If meditation works for 80 percent of billionaires, icons, world class performers and the Dalai Lama, it might work for you. If you are interested in starting a meditation practice contact me and I will help you. Pro bono. Good luck.

Rick Waite (rwaite@keenlaw.com) is an attorney with Keeney Waite & Stevens.

This article was originally published in the May/June 2017 issue of 

San Diego Lawyer Read More

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Open Dialogue: Opening Up About Traumatic Cases and Secondary Drama

On By sdcountybar

By Christine Pangan, featuring Agustin Peña and Michelle Ryle.

When working with clients/victims in traumatic situations, how do you prevent yourself from experiencing secondary trauma? Michelle Ryle works in the City Attorney’s Domestic Violence and Sex Crimes unit in central San Diego. Agustin Peña from the District Attorney’s Office in East County has worked on felony robberies and assaults. Here they share their experiences and strategies in maintaining balance.

What cases keep you up at night?

Agustin (AP): I think what keeps me up at night are cases that involve suspects and defendants that are just a genuine, true risk to the community. If I make a mistake or something happens, I don’t want the community to suffer for that. Those kinds of circumstances where the community is at risk [when they are] going about their lives — that’s what weighs me down, my biggest fear.

Michelle (MR): One case in particular kept me up after the verdict. It was a long history of domestic violence spanning [multiple counties]. Every single time in those prior cases, she had recanted. And when she came here [to San Diego], he finally got her bad enough with a VCR across the face splitting her lip, knocking one of her teeth out. She wanted to cooperate, sever the relationship, and she tried to get custody of her son because she didn’t want their son to be like him. The jury acquitted. They thought she hit herself in the face to try to get custody. They didn’t believe him, but they didn’t believe her. It’s one of those domestic violence cases where the victim is finally breaking the relationship, I’m worried that the jury is going to give somebody a pass.

Do you experience vicarious/secondary trauma as a result of the cases you handle?

MR: I did when I first came back from maternity leave. It was a neglect case, and seeing the baby [footage] really affected me. Before it would have been upsetting, but it got to the point where when I was done issuing the case, I had to go take a walk and I went home for lunch that day just to go see my son. Seeing the video of the child in just an awful state of neglect and only 6 months old shook me really hard.

AP: I’m always appalled and horrified by the things that people do especially in minors’ cases and juveniles, that they start so young with committing these really, really heinous crimes. Given that I’ve been exposed to a lot growing up and I’ve seen a lot of this stuff firsthand, there isn’t too much that’s going to shock me. But on the flip side, I really feel for the victims because I’ve seen this or I’ve been through this myself. I understand completely what they’re going through and I’m able to empathize.

What strategies do you employ to keep balance?

MR: Definitely talking to co-workers. Lunch is a decompress time. Finding humor in things. Making time for myself. When I can, I go to yoga at lunch or I go for a walk. Making a point that work stays at work; I don’t take it home anymore.

AP: I echo that. I think having some professional support system where you can exchange thoughts, impressions and perspectives on individual cases; talking it out can be therapeutic but also helps professional development. There really has to be some kind of physical component to this — Michelle mentioned yoga. I work out. I run, hike, whatever you can do to acquire the physical component. I think the physical, the emotional, the intellectual — it’s all interrelated and you have to address each one of them.

I’ve started to get better at understanding that the work is going to be there tomorrow. A lot of us, especially in the first few years, will work 10, 12, 14 hours or so just grinding away, and it’s hard to pull away from the desk when you see that your inbox is full. If it’s not pressing, if it’s not urgent, there’s got to be a cutoff time.

MR: Even if you take a break at 5:30 and you go get dinner, you go to the gym, and you come back to the office. Walking away from the desk was huge. It’s cleansing just to step away.
What advice have you received from coworkers in how to deal with emotionally difficult cases?
MR: The biggest piece of advice I got was to stop taking things home. Because home is not where work is. Home is not where things go bump in the night. It’s important to our family as well to be wholly present there so when you walk through the door at home, that is a safe place. Everybody has gone through that period where they have work-life imbalance. You can’t do it, it’s not healthy, it’s not right — life is short.

AP: I have received very similar advice basically saying, “Look, take time off.” Even if you don’t go anywhere, just the fact that you can address your own needs within your life, family and so forth, where you don’t think about work and the cases so much. That’s going to free you up a little bit, and allow you to see those graphic pictures, see those graphic videos and work on those serious cases… so you don’t compromise your own mental health.

Your advice?

MR: If [a] particular case is affecting you, or it’s wearing on you, talk to somebody else. We’ve all been there, we know what you’re going through, somebody’s been in that exact same position. And exercise — do something to get your heart rate up, to get your endorphin flow. Go for a walk. You have to take care of you and make time for yourself every day. Even if it’s just 10 minutes, go do something for yourself.

AP: The key is balance and it isn’t so much understanding the fact that you need balance, it’s understanding when you as an individual need balance, when you need to step away, knowing what your limitations are, knowing at what point your body is telling you [that] you need to step away for a little bit. Because we’re in this for the long haul. You want to pace yourself. You have to take this opportunity to not compromise your own mental health or your body —take care of it because ultimately it’s going to affect your professional performance.

MR: Yeah and the way I think of it, it’s not just our job. Life is riddled with bad news. You turn on the news, you see what’s happening with Syria. If you get worn down with every single bad thing you come across, you’re just going to go through life depressed. It’s finding the joys, the little things in life, treasured moments, balance, time for yourself, time for your family and your friends.

Christine Pangan is co-editor of San Diego Lawyer and an attorney at law. 

This article was originally published in the 

July/August 2017 issue of  Read More

Categories : WellnessTags :

Why Wellness

On By sdcountybar

We asked a few SDCBA members how and why they make wellness a priority. Here’s what they said:

Susan Hack, Runner, Higgs Fletcher & Mack LLP

My dad died of a massive heart attack two weeks after my 9th birthday. He was 44. I appreciated “bad heart genes” throughout my life but it never hit me until I was approaching my 44th birthday. Around that time, I decided that I needed to take more stock in my health, surely fueled by my dad’s premature death. And like any Type A, competitive person, I embraced fitness to the extreme and still do. I started running again and found “indoor cycling.”
Our profession is stressful enough. Whether your passion is swimming, running, surfing, spinning, walking, golfing, yoga, or meditating, just do it!

Jeffrey Chine, Triathlete, Allen Matkins Leck Gamble Mallory & Natsis LLP

Exercise is a priority because it helps me maintain a balance given the stresses of daily law practice. I find it most important at those times when I’m busiest, when, ironically, it is hardest to find the time for a swim or jog or bike ride. It takes dedication to drop work for an hour or two — but I’m always glad I made the time.

Conor Hulburt, Surfer, SDCBA Wetsuits, The McClellan Law Firm

I am active to get out of my head and into my body.  When I’m hiking down the Ho Chi Minh trail or paddling for a wave, I’m not thinking about work, responsibilities, who I am, what I did yesterday or need to do tomorrow.  I’m focused on not slipping or falling off my board. Activity helps me refocus on the present, and the more I focus on the present, the more I feel part of something bigger and the more grateful I am to be alive.
There is a great quote by Aristotle: “Happiness is a state
of activity.”

Pauline Villanueva, Yoga Instructor, Solo Practitioner

“You’re a lawyer? But you seem so mellow and not stressed!” These words from one of my yoga instructors have always stuck with me. I take an odd pride in knowing I don’t fit into the attorney stereotype, despite working as a solo practitioner in criminal defense. Much of this stems from practicing and teaching yoga. Yoga has taught me not only to feel good in my body, but to find a certain peace of mind. Thanks to yoga, I’ve learned to breathe and stay calm throughout difficult situations. It is the perfect complement to an often demanding law practice.

Joshua Bonnici, Bicyclist, Bonnici Law Group, APC

All day I deal with questions, malfunctioning printers and phone calls. My mind is constantly bouncing between managing my office, my employees, settling cases and marketing for new ones.
So in order to clear my head, I ride my bike. A lot. I’ve ridden my bike(s) just over 1,700 miles this year (including 40 miles this morning before coming into the office). On the bike, I’m able to clear my head, and just think about the upcoming hill, my pedal cadence, or when to eat my protein bar. I’m able to quiet my mind and channel all my power to my legs churning mile after mile. That way, when I get off the bike, my mind is refreshed, my body is flushed, and I’m ready to hit the office once again.

This article was originally published in the 

July/August 2017 issue of  Read More

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Stress Be Banished: How local attorneys find peace among the chaos

On By sdcountybar

By Aleida Wahn

With a hard right hook, a punishing bike ride, the playing of a treasured musical instrument or the exhilaration of the open ocean, stress is magically banished. Hardworking attorneys reveal their go-to formulas for de-stressing during taxing trial days and intense lawyering.

Meredith Levin is a certified family law specialist and knows the deep satisfaction of helping clients through the most difficult period of their lives. Emotions run high in the family court arena, and not from clients alone. Meredith has had to remind more than one opposing counsel that “we are not the ones divorcing.” When stress and frustration rule the day, Meredith turns to boxing. “Boxing is an incredible workout where you burn calories while you learn the sweet science of the sport. Feeling strong can do wonders for your confidence, inside the courtroom and in engaging with opposing counsel. Hitting a bag with my beloved gloves allows me to deal with whatever may be bothering me that day. The act of punching is cathartic, plain and simple. When I am done with my workout, I feel more relaxed and energetic and the best version of myself, so I can help my clients. I would encourage anyone to try boxing. I promise you will feel great and be able to brag about your mean right hook.”

Keith Greer is a trial attorney through and through, moving from one trial to the next, seemingly without taking a breath. Keith confronts the stress from trial head-on through a razor-sharp focus on winning, and with the unwavering strength bestowed from his wife. “I’ve learned that the key to success is being completely focused and 100 percent committed to winning, regardless of the odds against you. That means there is no time for rest or relaxation during trial. I lost 20 pounds during the recent six-week Rebecca Zahau wrongful death case. During the intensity of a trial, my wife is always an enduring anchor of support. Our connection is unbreakable, and her presence calms me in any situation. After a trial is over, I escape with her to open waters behind the wheel of my boat to clear my head and recharge.”

Peter Liss runs a criminal defense practice representing adults and juveniles. As a former Legal Aid Society attorney and Deputy Public Defender, he has hundreds of trials under his belt, including intense death penalty work. When stress hits, he turns to his bike and friendship. “Through my spin class I met a UCSD scientist and doctor, Albert La Spada, who needed a biking partner. Al designed a grueling ride with hills and switchbacks from Carmel Valley to Rancho Santa Fe. Al was recently named the founding director of Duke’s Center for Neurodegeneration & Neurotherapeutics, yet his example of true humility and focus on family have taught me lifelong lessons. I find after a weekend of riding and spinning and not thinking too much about law, I am able to focus on my work with renewed energy.”

Brian White is a certified criminal law specialist and criminal trial lawyer. To him, making music offers priceless gifts. “Lawyers spend a lot of time using the left side of their brains. As a trial lawyer, I constantly need to find creative ways of persuasion. Playing music — guitar and blues harp — is a great way for me to get out of my lawyer head and access the creative side of my brain. Trial work involves a lot of thinking, but with music, you can’t overthink your playing. The less you think and the more you feel, the easier it is to be in the moment and the better you sound. When you play with other musicians, you communicate with another language. For me playing guitar and blues harp is a perfect way to release stress and transport myself away from the logical lawyer mind.”

Liz Bumer is without stop in the courtroom on criminal and civil cases. Although her expertise may span many fields from criminal matters to civil rights, personal injury and employment cases, she is forever steadfast in her devotion to surfing. “When I am not working, I enjoy being outdoors. My favorite activity is surfing. When I’m not surfing, I paddle with an outrigger canoe club on Mission Bay or paddle a stand-up paddleboard. I especially enjoy road trips to compete in surfing contests or outrigger canoe races. These activities enrich my life and get me out of the office environment. I am grateful for the opportunity to work in the legal field and to be able to surf. I am humbled by both.”

Wendy Patrick has spent decades in the courtroom as a career prosecutor, while also balancing media commentating and international speaking. “One thing I have learned over the years from the trial lawyers I admire is the necessity of balancing stress with satisfaction. I balance my trial schedule with faith and music, definitely in that order. I spend many Friday afternoons dashing from the courtroom to the concert hall to perform with the La Jolla Symphony, and Sunday mornings I perform with my church worship band. During holidays and special events, I have the good fortune to play my electric violin with a rock band comprised of a talented group of fellow prosecutors and defense attorneys. Speaking and teaching internationally does not break my routine. Here I am on a borrowed violin performing with the Handong International Law School worship band in Pohang, South Korea, where I was honored to teach a course on combating human trafficking.”

Aleida Wahn is an attorney at law.

This article originally appeared in the 

July/August 2018 issue of San Diego Lawyer. Read More

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Intermittent Fasting: The basics of intermittent fasting and how busy lawyers can make it work

On By sdcountybar

By Hali Anderson

A wise woman once told me the secret to weight loss: Move more, eat less. Four words. Simple, right?

For me, the “moving more” is the easy part. I get up early at least three times per week to hit a 5 a.m. gym class. I get in my exercise and I’m able to make it home in time to help my kids get ready for the day. I also walk my dogs once per day. Move more — check.

Now, for the eating less part … . If you are anything like me, the thought of counting calories after you have spent your whole day counting billable hours is somewhat daunting. Once I am at the office, the last thing I want to do is stress about how many calories are in the chicken Caesar wrap I just ordered or, worse yet, worrying about how little my dinner will have to be in light of said wrap. For me, counting calories is time-consuming and demoralizing. Unless you are always doing your own meal preparation or you are ordering foods with no seasoning, you never know exactly what ingredients or how many calories you are consuming. But, considering that weight loss is said to be “80 percent diet, 20 percent exercise,” does that mean all hope is lost? Is there any way to ensure I am eating less such that it can result in weight loss without having to resort to the dreaded calorie counting?

Fear not. Intermittent fasting is here. Now, I’m sure some of you are already skeptical because of the word “fasting.” “I cannot starve myself,” you are thinking. But, here is the great news — intermittent fasting is much easier than you think. So, what is it?

I like to think of intermittent fasting as an “eating pattern,” not an “eating plan.” It does not say anything about which foods you should eat, but rather when you should eat them. The most popular eating pattern is called the 16:8, which means you fast for 16 hours of your day and eat during the other eight hours. “Sixteen hours without eating?!,” you gasp! Yes, but for many of those hours, you will be sleeping. So, let’s take a typical eating pattern of someone who is doing the 16:8 schedule. Many people opt for an eating window of noon to 8 p.m., which basically means you are skipping breakfast. You eat your regular lunch as well as your dinner. After 8 p.m., you stick to liquids. As a general rule of thumb, if you drink something with less than 50 calories, then your body will remain in the fasted state. So, your coffee with a splash of milk or cream is just fine. Tea should be no problem either. If you’re really hungry, try some vegetable or chicken broth.

The next question is whether you can eat whatever you want during your eight-hour window. And the answer to that is, no, not if you are trying to lose weight. You are still trying to eat less so if you end up eating more in your eight-hour window than you would otherwise eat, you’ll still end up in the same boat. The way I like to think of it is that you are really just shifting your daily food consumption into an eight-hour window, which now means you can spend less time fretting over the calorie intake of every little bite. Whereas before you may have had 600 calories by the time lunch hits, you are now at zero.

You can also choose a different time window that works for your schedule. For example, if you think you will get hungry earlier, you can eat from 11 a.m.-7 p.m. Or, maybe you are a late eater or you know you have late dinner plans so you might want to eat from 2-10 p.m. Any eight-hour window works. But, aren’t you still counting calories? Perhaps. That is up to you. What you at least know is that you are taking in one meal less than you would typically consume so you are cutting out those calories, whatever that amount might be. Note, this is the key: eating less.

The 16:8 is just one eating pattern. There are also a few other popular methods:

  • The 5:2: Eat normally five days of the week, while restricting calories to 500-600 on two days of the week
  • Eat-Stop-Eat: Do a 24-hour fast, once or twice a week
  • Alternate-Day Fasting: Fast every other day
  • Spontaneous Meal Skipping: Skip meals when convenient

    • Read More

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    A Daily Morning Routine Will Start Your Day Right

    On By sdcountybar

    By Monty McIntyre

    The Problem: 

    Lawyers know that the law is a “jealous mistress.” It demands lots of our time and attention and includes constant deadlines set by others. This can cause stress. The Internet and Social Media have made life even more stressful with constant input 24/7 and demands for an immediate response from our clients and others.

    Most people these days go to sleep with their phones next to their bed and are awakened throughout the night by texts, emails, etc. The first thing they do when they wake up is go to their phone to start reading and responding to their messages.

    There are two big problems with this approach. First, you let others determine how your day begins. Second, you let others and their agendas control and determine your agenda for the day.

    There is a better way. You just need to develop a daily morning routine where you determine how your day begins and you set your agenda for the day.

    My Morning Routine:

    There is no right or wrong way to set your morning routine. The key is to set it and stick to it. If you do you will be amazed by the benefits you get from it.

    To give you an example, here is my daily morning routine.

    The Night Before

    My morning routine starts the night before. Every night between 6 and 7 pm I take my phone into my home office and set it on my desk to recharge overnight. I don’t look at the phone for the rest of that night and until after I have finished my morning routine the following day.

    Wake Up, Go Outside, Look at the Sky and Give Thanks

    I’m an early riser and I wake up every day at 5 a.m. I get up, put on some clothes, and walk outside into the backyard. I look up to see what display the sky has for me that morning. Every morning is different and every morning is a masterpiece. Sometimes a clear sky with brilliant stars and the moon. Other mornings clouds with stars and the moon. Some mornings there will be low clouds covering the entire sky. The first thing I do is notice what the sky looks like.

    Next, I give thanks for the new day. I say “Good morning God, good morning moon, good morning stars, good morning earth. Thank you for the gift of this new day. Thank you for the blessing of this new day. Help me make the most of this new day.” You can give thanks anyway you want to. The words are less important than truly being thankful for the gift of the new day.

    Meditate

    I then go inside the house to a quiet place and meditate for 15 minutes. There are many benefits of meditation. I won’t discuss those here, but I will outline a process you can use. I close my eyes and focus my awareness on my breathing. When I first started meditating I counted my breath. There are many ways to do this. You can count every inhale breath, or every exhale breath, etc. You can count up to 10, and then back down to 1, and back up again. When you meditate thoughts will come into your brain. When they come just release them. If you are counting breaths and you lose count, go back to 1. Don’t worry about the thoughts entering your mind. This will happen. Just start over.

    Intentions

    After I meditate I quietly say my intentions for the day. The concept of intentions is that what you focus on you will tend to attract. It is similar to goal setting but somewhat different. Here is how I start my daily intentions: “I am intending, creating and enjoying a life full of all the good things that my heart truly desires: love, joy, happiness, peace, health, balance, wholeness….”

    Read a Digital Paper

    I read the digital copy of the New York Times each morning. The benefit of reading a digital paper is that I focus on what I want to read, not on what others want to tell me. This is another way to control the start of your day.

    Plan My Day

    I next create my agenda for the day. I create a list of a few key things that I need to accomplish this day. Further down on the list I include other items that I can work on after I complete my key tasks. I also include on the list the names of any people that I need to contact that day.

    Start to Work

    I only begin to work, including looking at emails, etc., after I have finished my morning routine.

    Your Morning Routine:

    There is no right or wrong way to create your own morning routine. You just need to set it and stick to it. I hope you develop and start your own morning routine today.You will enjoy a wonderful start to each day, and will regain control of your agenda instead of letting others control it.

    There is no better time to start than now!

    Do well and be well.™

    Monty McIntyre is an Arbitrator & Referee with ADR Services, Inc. Read More

    Categories : WellnessTags : 2 Comments

    Self-Care for Lawyers: The Benefits of Building One Self-Care Habit at a Time

    On By sdcountybar

    By Rick Waite

    The big changes started about 10 years ago, when I started surfing every day at 6 a.m. instead of getting on the freeway to go to work. Soon I started journaling every day, a practice I started at Harvard my freshman year and engaged in sporadically over the years, usually during times of crisis. Next, I began meditating again. I had learned how to meditate at the Cambridge Transcendental Meditation Center my freshman year and then promptly stopped. A few days after renewing my meditation practice, I quit drinking. Cold turkey. No cravings. No 12-step program. I just stopped.

    Shortly after my decision to stop drinking I had an epiphany. My life’s purpose is to help as many people as profoundly as possible. This has been my path ever since. It is why I am writing this article on self-care for lawyers. Self-care for you.

    Surfing, being in the water, in nature, paddling, riding the wave, sitting quietly waiting for the next wave — all these things nurture my body and my soul. A few times, very rarely, I have had transcendent moments surfing when I was one with the wave, the ocean and everything in it.

    Journaling feeds my mind and my soul. It helps me process conversations, events, thoughts and feelings. It gives me a fresh perspective. It is reflective. I have frequent “aha” moments. Writing is often inspiring and enlightening. A welcome side effect is that journaling every day inspires me to live a life worth writing about.

    Meditation also feeds my mind and my soul. It has been the most transformative of my daily self-care practices. I have regular transcendent experiences meditating. I often have creative downloads from God, the Source, the Divine, the collective unconscious, my own subconscious, whatever you want to call it. The inspiration to write this article came to me in a meditation. The idea of sharing the gift of meditation with lawyers through the San Diego County Bar Association on Wellness Wednesdays came to me in a meditation. The idea to have a post-surf Saturday morning meditation circle with my surfing tribe came to me in a meditation.

    It is well-known that meditation can offer quick relief from the stress and anxiety that we lawyers face every day. With a daily meditation practice, the benefits are much greater. For many people, establishing a daily meditation practice brings them to a fairly constant state of equanimity, an evenness of mind, calmness and composure that cannot be shaken by events of the day, no matter how stressful.

    These are my self-care practices. For you, it might be music, swimming, dance, painting, yoga, tai chi, knitting, prayer, cycling, running or rowing. The important thing is to choose something that works for you, that nurtures your body, mind or soul, and that you do every day or almost daily.

    If you do not yet have a daily self-care practice, experiment until you find the activity that you like to perform that puts you into that altered state called flow. Whatever you choose, it should be easy, rewarding and something that you can and will do every day.

    When you have found that self-care practice, make it a habit. To make it habitual, follow these four simple steps that were articulated by William James, the great 19th-century father of American psychology.

    1. Start immediately. Seize the first opportunity to act on the goal or resolution.
    2. Launch yourself with zeal. In other words, give it your best.
    3. Practice the new habit daily until it is engrained in you.
    4. Never permit an exception to occur. If you do slip, don’t beat yourself up. Start again.

    It takes 21 days to begin to form a new habit and 90 days to confirm it. In 120 days the new habit is who you are.

    If you follow these steps with a self-care practice that you enjoy and make the practice a part of your daily routine, it will change your life for the better.

    It is probably best not to try to establish more than one self-care practice at a time. Start with one. After you have firmly established that daily practice, add another if you wish. And then another. I chose a crash course in self-care and it took me about three years to firmly establish all three daily practices of journaling, surfing and meditation.

    I urge you to give it a try. If something doesn’t work, try something else until you have found something that is healthy and that nurtures you every day. You will be far better for it. Good luck.

    Rick Waite is an attorney with Keeney Waite & Stevens.

    Join a mindful meditation workshop led by Rick Waite at the Bar Center on the second Wednesday of every month. Go to www.sdcba.org/meditation to register.

    This article was originally published in the

    July/August 2018 issue of Read More