BY DON KEENAN
Mark Alexander, a young, talented, passionate lawyer from North Georgia recently invited me to give a talk to their chapter of the American Inn of Court. After the talk, Mark and several of us went to dinner. Mark, who is always striving to be better, asked me, “How do you find the time to come up with so many new ideas?” My response was simple, “Just like breathing and eating, I have to find my private time. Without it I would die.”
Another passionate, talented lawyer, Neil Anthony, a co-counsel with me on a multiple day care center molestation case in south Florida just this week attended our Premises Liability mentoring group at my cottage in Seaside. At dinner, the night before our 12-hour workshop, Neil asked me a similar question: “Don, learning the Reptile takes a lot of private thinking time, where do you find the time?”
When Neil’s group left, eight of the finest Nursing Home lawyers from all over the US arrived for yet another 14-hour workshop.
I am finalizing this blog the day after the last workshop. Today, I only have two things to do: finish this blog and think. Yes, a whole day of solitary thinking. No emails, no phone calls — just walking on the beach, a stogie or two in my tower and when the sun goes down, a little scotch to help the cerebral profusion in my Irish brain.
To answer both Mark and Neil’s questions, the simple truth is: I make the time. So let’s examine some ways to get private time:
THE INNER CIRCLE EXAMPLE:
Saying you need private time is easier said than done; however, it is absolutely essential to being a good trial lawyer. When I was in my early 30s I was privileged to be inducted into the Inner Circle of Advocates (www.InnerCircleofAdvocates.org) and looked forward to the first convention where I knew we would be focused exclusively on trial techniques and cutting edge strategy. While those topics were discussed, I was shocked when I saw the agenda and it contained speakers on meditation and yoga. As a young lawyer I thought this was a total waste of time but yet our founder, Richard Grand, dogmatically has insisted from the beginning that mental health be a key ingredient in all of our seminars. Over the last 25 + years I have come to believe that it’s the private time that Inner Circle members create for themselves that brings about the brilliance that we see from their works.
THE SPENCE EXAMPLE:
Many know that when Gerry Spence turned his back on the evil of defense practice, closing his Wyoming law office, he packed up his truck and went to San Francisco to spend a good amount of time painting. In Gerry’s autobiography he recounts that it was this private time that gave him the revelation and his sense of being such that he returned to Wyoming to devote his life to the little people, which has helped him produce his legendary results. (My recollection of Gerry’s story is from memory, so if I’ve gotten anything wrong, I apologize.)
Take Gerry’s 15-year-old Trial Lawyer College (www.TrialLawyerCollege.com) located in a part of Wyoming you can’t find on the map. Lawyers who have been privileged to attend the intense sessions will tell you that the internet and cell phones don’t work at the ranch. I’m sure that’s in Gerry’s master plan because it would be easy to get internet connections. Lawyers can go about two miles away up in the mountain ranges to an area which is called “Cell Phone Hill” where you can go and, weather permitting, you may or may not get a signal.
I also noticed that all of the buildings at the ranch are located a five to ten minute walk from each other. This, I suspect, is also deliberate because the walking from the barn where most of the sessions are conducted is a good 5-10 minute walk to the mess hall. During one of these walks, I noted that while there may be 30 or 40 people walking in the same direction, some were often walking alone taking time to themselves, just thinking, pondering the draining events of the day. Of course there are plenty of activities that provide alone time in that beautiful setting. Whether you want private time or not — you are forced to have it.
There must be time to reflect on the emotional and intense sessions that occur. Often I would see Gerry sitting or walking alone and while every fiber in me wanted to go over and talk with him, I respected his need for private time and so did everyone else. Private time is a key ingredient to the magic that occurs at the ranch. Although I was there for a short period of time there were several general discussions on the very topic of, “How I can create private time just for me and the need to do it.” Jude Basile, the passionate new President, lectured on this very subject and is committed to ensuring that the topic is fully discussed.
Show me a great trial lawyer and I’ll show you someone who has mastered the ability to create private time in their lives just to think and reflect and strategize and make sense of things. Without that private time all you are is a machine — a defense lawyer.
I believe that daily distractions and the speed at which we must operate today create a great difficulty in carving out private time but we must make the effort to create it anyway.
SOME PERSONAL EXAMPLES:
Let me tell you some of the things that I do that mandate that I get that precious private time.
First, after I wake up in the morning I immediately grab a cup of coffee and get back in bed sitting upright, no TV, no music and for the next 30 or 40 minutes I have silence. During this time I am able to think, visualize my day, create my goals.
Years ago, we built a cigar room at my office, complete with English leather chairs, a wooden Indian and all the trappings. By choice the room has no phone and the rule in the office is when I’m in the cigar room I am not to be interrupted for any reason. While this is not the healthiest way to get private time, I have found over the years that my stogie time relaxes me such that I can create my cerebral oasis so that I can just think.
I have a nice beach house on the water and a mountain cabin on a high ridge in the mountains, both of which are islands of solitude and private time.
While I can fly my plane to the beach and it gets me there in 30 or 40 minutes, I would much rather make the five-hour drive because it provides me time just to think. I replay events, conferences, and trials and it helps me to get a greater understanding of the essence.
Most days end with some private time shared with a glass or two of single malt scotch. Being Irish, my mind can reach a certain calm that permits deep thought.
THE POWER OF THE ARTISTIC EXPRESSION:
I have also noticed that many great trial lawyers have strong artistic outlets. I have just mentioned that Gerry Spence painted for some time in San Francisco and still does to this day. Bob Montgomery collected art and would spend hours just simply looking and reflecting on the paintings that he collected.
There is something about creating things that also creates a solitary, singular experience that will give rise to powerful private time to think. I am the world’s worst sculptor, but do it with regularity and it brings me great peace. Although I am Irish and write poetry, it’s God-awful and upon completion of a poem I immediately burn it so no one can ever read it.
With the young lawyers in my office I strongly advise each of them to find an artistic outlet of some form, whether they’re good at it or not doesn’t matter. I have found over time that many of them at some point in their life did have a strong interest in some form of artistic creation but with the press of education and a new career, they abandoned it. I mandate that they reconnect and use it for private time.
EXTREME EXAMPLES:
Now at the risk of being turned in by some of you to the mental health authorities, let me tell you some of the other things that I do. First, I like to dance on either the deck at my mountain cabin or the tower deck at my beach house, often naked (not a good visual I know) and best done in the rain. I have no rhythm but I greatly enjoy it and it frees my soul.
When is the last time as an adult you blew bubbles? I have a jar of bubbles at my beach house, mountain cabin and even in my automobile. If I am stuck in bumper-to-bumper traffic in Atlanta, which is often, I will simply grab my bubbles and blow away. Perhaps it’s reptilian, but blowing bubbles returns me to my youth, and I can tell you that whatever stress and distractions you have confronted during your day they will immediately evaporate after a couple of minutes of blowing bubbles.
Please note that the common theme in the above suggestions recognizes that the internet and smart phone are the evil to creating private time. So your first step in obtaining private time is to create 2 hour blocks of time either daily or every other day to be “no cell and internet zones.” As surprising as it may sound, the world as you know it will not explode or disappear within those 2 hour periods. My war on the internet began years ago when out of sheer frustration I threw my Blackberry into the toilet. I knew it would be a hard fought war when I heard my Blackberry continue to vibrate underwater. I learned in time, however, the war can be won.
Hopefully I have given you a salad bar of ideas of ways to create private time. If you concentrate you will come up with a bunch better than mine, but know that creating private time will the greatest gift you can give yourself.
BOTTOMLINE: Don’t underestimate the power and yes, the need of personal PRIVATE TIME.
Don,
I practise in Scotland, but very many of your insights resonate and in particular this post.
You may have heard that over here they are proposing a new health drink, made of honey, yoghourt and malt whisky.
The honey gives you energy, the yoghourt gives you stamina… and the whisky gives you ideas.
Don, I agree with all you’ve stated except that you should know that Irish single malt whiskey is distilled three time Scotch only twice. Dean
Don, many thanks for this thoughtful reminder. It is private time like this that gives us great ideas, like your last blog on those aging photographs which I plan on using in every wrongful death case in my office.
As you know, I am a 2002 graduate of TLC and a member of the Staff. All of the volunteer members of our Staff spend a week at the Ranch every May. Indeed, I am headed out there next weekend. I have always treasured the quiet, solo time that I spend there, but this week — because of your Blog and your imprimatur — will be especially mindful of its value for my Soul, which is, of course, the repository of Creation and creativity.
Great post, Don. I agree totally with your thoughts. My private time is very simple. Every morning my chocolate cocker, Dexter and I walk a couple of miles in the country where we live outside Lawrence, Kansas. It gives me the private time to think about the day upcoming. Then in the evening, we repeat the walk and I think about how the day went and often will then make notes, mental or written, about what I could have done better. It also keeps my weight down and it doesn’t cost a dime. I am 71 years old and have no plans to retire and even have applied for the September session at Gerry Spence’s trial college. We are never too old to quit learning. When I think how the practice of law has evolved since I first started 45 years ago, I wonder how we ever made a living.
Well, I’m gonna try dancing on my deck naked AT NIGHT!! LOL I can see how that will get me out of the box. I find some private time taking Bikram Yoga 3-4 times a week, and walking the dog each morning. I took some improv classes and that really helped my creativity. Often in the evening while walking our dog my daughter will ask me to make limericks with her – its not really my private time, but its a creative moment. Also, I think I got this from either Gerry or Josh, but I take cases I’m working on and make them into fairy tales or stories to tell my daughter at night. This is really fun, because I can be creative, using animals or monsters instead of people as the bad guys. Then sometimes I’ll set them up so she can ask questions or help make the ending. Next, maybe we’ll try making limericks about my cases!
Great blog! My wife is also my head paralegal and office manager, and I am often trying to get this concept over to her. I had her read Don’s blog – not totally sure we convinced her, but it helped. (As with most busy litigation offices, she is constantly juggling things, and often needs my help, although I have two other attys working for me).
I’m also a 2005 grad of TLC, and agree with Don’s comments completly. I don’t know that I had ever really articulated the concept in my head tho, until I read this.
This may sound a little strange, but the first time I heard this concept discussed is when I was a young civil trial lawyer with the Justice Dept’s Tax Division Refund Litigation section, many, many moons ago. That was a great job – they only hired lawyers out of the top 5% of their class, and only lawyers with that “trial lawyers personality” – and that was after about 5 interviews. So all of us were basically renegades – real smart (excluding me) and aggresive renegades, but renegades.
We started right in trying major cases almost immediately – I was 6 months out of school (back then you could take the GA bar afer just two years of law school, so I was already licensed) and trying multi-million dollar jury cases involving complex tax issues against big firm lawyers with 30 years of experience – and winning! A couple of years in that job and you had every large law firm in the country trying to recruit you, so we had a 4 year commitment. Also, unlike many gov offices, it was a very collegial environment (possibly at least in part since 90% of us were just there for the 4 years, so there was no “inter-office” personal competition).
A senior attorney from another division (I seem to recall a Deputy Asst AG from the Civil Division) had walked thru our office area one day and saw one of our attys with his feet up on his desk and his hands behind his back, and his hands behind his head, deep in thought (or possibly just goofing off). He (the senior atty) mentioned it to our section chief (who later became the Asst AG of the Tax Division), an incredible lawyer named Mike Baum. Mike replied, “Well some of our lawyers do their best work when they are just thinking.”
And Mike, god rest his soul, and Don (and Gerry) are right. Maybe if you do nothiing but real estate closings or foreclosues, you don’t need it. But what we do is (or absolutely should be) creative as hell – my observation is the most successful of us basically LIVE “outside the box.” I really appreciate Don’s post, since now I will try my best to be sure I have that “private” time.
Chuck Pekor
Atlanta, GA
Don–many thanks for your helpful blogs- they are distributed to the lawyers in the firm–having been a plaintiff’s trial lawyer for 56 years, I am well aware of the lack of “ponder” time in the environment of the modern law practice–I take a 15 minute walk each morning in order to think about my cases–good blog and should be taken seriously. Lee Beck
Thanks Don. Like my grandmother used to say “nuff said”. I try to get to that zone of quiet time every morning to read, meditate for at least an hour, then I am ready for the day. Funny you mentioned Gerry Spence’s TLC in Wyoming. It is a great place isn’t it? My wife and I spent a weekend there last June for a regional. We took some great pictures driving up from the airport. I saved all the photos and show them when I can, but the ones most find interesting are the ones of the snow in the mountains. For the life of me I had never seen snow in June before and was told that there might even be snow there in July. That was fantastic. Also, we found that area where cell phones are use. Unfortunately driving up to that point I wrecked our rental car. My wife suggested to be careful but I had to get there and then hurry back to the ranch. Well the wreck took care of that error. We never made the call and had a major repair bill, as I didn’t turn it into the insurance company. I should have just stayed at the ranch and really I don’t remember who I was going to call anyway. Live and learn. Next time no phones or even any attempts to communicate with the outside world. The TLC experience is something that changed my life forever, and we have a regional TLC group that incidentally will meet next weekend while some of our regulars group members, who are TLC alum, will be there at the ranch the same time. I truly cherish my quiet time. It is like the writer Wilber Rideau said (after spending a lifetime in prison after being convicted by a county sheriff) “I wake up in heaven every day. I rise early because I don’t want to miss a thing.” Sorry for the ramble.
John Stapleton
My private time is my running–5-6 hours per week. I run by myself on country roads where there is little traffic. In my area there are really beautiful horse farms. My only conservations are with the horses or cows who have heard many openings and closing and always vote my way. I cherish this private time.
Dick
I totally agree. Private time is mandatory. I’ve found that it is not until I get out of the office and away from the daily office responsibilities that I can even begin to think through the details of my case. It’s almost like the brain refuses to have the conversation, until I get away from all of the distractions. I find that if I don’t get away to think that it is almost impossible to think creatively and/or to identify and think through possible problems in the case regardless of how obvious they can be. To paraphrase James Allen in his book, As a Man Thinketh…”The mind guides our footsteps as we progress along the pathway.”
Don,
You are absolutely correct that alone time is necessary to reflect on what we do. If we don’t truly know ourselves, and constantly re-evaluate and adjust our way of approaching things, we lose that vital connection to our core self that provides, in my humble opinion, all of the creative energy and ideas that we must draw on to do this work from one case to the next. With no two cases the same, we must be creative enough to adapt to the client and challenges each case brings. I had the good fortune of being at the ranch with you this last summer and learned this valuable lesson both indirectly and directly. Towards the end of the Racnch experience, Gerry did have us all get up at 5 AM and sent us all out to find a private place to sit and meditate on who and what we are. That was one of the highlights of the ranch for me, as this was the day I resolved that I would never again fear anything the defense can throw at me. Respect it yes, but fear it no. Meditating like this while driving, in the shower, hiking or whatever is always the best source of new ideas for me to use in trial. With so many ideas, trials are becoming laboratories, and it is a blast tossing unexpected stuff at the defense and watch them panic or lose focus. The subconscious is an amazing generator of ideas if we give it time to do its work.
I want to also add a huge thanks for all the great ideas and wisdom you gave us at the ranch-not just in the big barn, but outside while you were devouring your favorite stogie under the deck (it was too early for the scotch…). Those ideas are still resonating when I spend time alone thinking about cases and how to part insurance compsnies from their filthy lucre…..Scott Blair
Don:
All right, I decided to give it a whirl.
I did nothing. Absolutely nothing. Just sat there. Quiet. Peaceful. I just let my mind go where it wanted. And . . . it led back to work. But not in the normal way. Naturally, since it was this Blogpost that made me decide to take the private time, my mind wandered first to this Blogpost.
Then I started thinking about the other books in what I consider THE Series – Reptile, Rules, and Damages. My mind rolled to voir dire and a case I am just in the beginning stages of – my first full on case that I am taking from the beginning with THE Series.
The issue that my mind eventually focused on was whether the use of analogies in voir dire would be helpful or harmful. I am guessing that Ball would say “no, prime the jury with neutral questions directly related to the case and save analogies for closing as it would be too early advocacy”. However, I am wondering if this has been tested/focus grouped?
An analogy does not have to be advocacy. It could ask the juror to put him/herself into a hypothetical situation completely unrelated to the case at hand and how they would respond. “How would you react?” “Tell me more.” I would think it might have the potential to uncover hidden bias, the depth of the bias, etc.
Anyway, I ended up pondering various analogies that might be useful in cases I am working on. And that’s where things ended when I finished my first intentional “private time”. Just thought I would share.
This will be a terrific blog, will you be interested in doing an interview regarding how you developed it? If so e-mail me!