If anything, it has seemed that judges and their work have become even more the subject of late night chattering heads on television. The ratings service tells us that a substantial number of our fellow citizens rely on these sources for part of what they learn about the American court system. We could hope for better – and maybe even help supply more reliable material – but there's not much we can do to upgrade the quality of the talking heads.

What we can do is be thoughtful and steadfast in dispensing justice, especially at times when the judiciary is in somebody's bullseye. This is a sometimes lonely challenge. Judicial Balance searches for the best insights and advice about how judges might make their own personal and professional way through the judicial career. Our editor, Deidre Baxter Cheng, whose e-mail appears at the end of the issue, would be especially happy to receive ideas and items you might wish to contribute.

Randall T. Shepard,
Chief Justice of Indiana

A Civilized Future?

There are many articles about the decline of civility within our profession, but few address the lack of civility in broader society and the requisite impact on the legal world. Why has civility decreased? How can we recapture a culture of civility, and is such an aspiration realistic? Author Edward R. Slaughter, Jr., addresses these questions and refers to several comprehensive writings on the topic. He identifies polar perspectives regarding civility: the orthodox view, committed to a definable standard of conduct and morals; and the progressive view, where authority lies with the individual. Slaughter also notes that offensiveness as a “right” lacks tradition in our society; rather, it stems purely from desire. The article ends hopefully, reminding us that civility is a discipline of our desires and our impulses. It’s a matter of how we treat one another. Please see, “Civility – Its Urgent Necessity for a Civilized Future,” by Edward R. Slaughter, Jr. Virginia Lawyer, April 2007.

http://www.vsb.org/docs/valawyermagazine/vl0407_civility.pdf

Standard of Living

We live according to our values. Whether we are aware of each value reflected by our life, however, is another story. Author Betsy Black encourages us to define our “USP”—our unique set of values – to determine whether we reflect the standards we cherish. She poses three critical questions: What is important to you? What are your top three values? Do key moments and daily actions reflect those values? Black’s article is brief, but it pushes the reader to quickly assess the compatibility of daily life with his unique standard of living. The article closes with, “The more we know who we are, what we believe, and what we can deliver on, the more at peace and effective we can be.” Enough said. Please see, “Work-Life Balance: A Focus on Values Creates Value,” by Betsy Black. New Hampshire Bar News, May 18, 2007.

http://www.nhbar.org/publications/archives/display-news-issue.asp?id=3832

The Art of Apology

Apologizing is, at once, one of the simplest and most difficult things to do. It is particularly foreign to the legal profession, where such a gesture may be construed – or misconstrued – a number of ways. Yet, the power of apology must not be underrated. Research shows that candor in our actions, and an apology when appropriate, promote healthy dialogue and build trust. An effective apology acknowledges a wrong and accepts responsibility. Above all, it comes from a spirit of sincerity and humility. Sarah Kellogg’s article gives particular attention to the power of apology in the corporate world, in healthcare, and in the legal realm. Consider also the impact of apology within your family and among your colleagues. It may be just what your most important relationships need. Please see, “The Art and Power of the Apology,” by Sarah Kellogg. Washington Lawyer, June 2007.

http://www.dcbar.org/for_lawyers/resources/publications/washington_lawyer/june_2007/apology.cfm

An Open Heart

The way we react to life, particularly during times of trial, has an extraordinary impact on our physical and mental health. Don Carroll’s theory is that the more open-hearted we are, the better off we will be. Carroll examines people who transform with life’s challenges versus those who accommodate life as a way to survive short-term. Transformation involves a change of heart – a reordering of priorities and acceptance of who and where we are. Accommodation, on the other hand, denies who we are and the challenges with which we’re faced. Depression, workaholism, and forms of addiction frequently follow accommodation. Your body and your psyche will react to life’s trials; it’s up to you to make sure they do so in a healthy, positive way. Please see, “Accommodation or Transformation,” by Don Carroll. Alabama Lawyer, March 2007.

http://www.alabar.org/publications/pastissues/0107/accomodation_trans.pdf

A New Mission

Ideally, each of us will experience growth and develop greater wisdom throughout life. Yet, how do we find a new mission at age 50, 70, or even 90? Countless resources exist to answer this question, but writer David Corbett offers an abbreviated game plan. Largely from his recently published work, Portfolio Life: The New Path to Work, Purpose, and Passion After 50, this article suggests five ways to start down a path of fulfillment during retirement. Corbett’s first advice is to “get into neutral” – be still, decompress, and get ready to listen. Whether you’re preparing for retirement or feeling overwhelmed and reflective about your career, Corbett’s process can help you make significant decisions while staying true to yourself. Please see, “Five Ways to Find Your Purpose After Fifty,” by David Corbett. North Carolina State Bar Journal, Spring 2007.

http://www.ncbar.com/journal/archive/journal_12,1.pdf (scroll to pages 20 and 29).

Procrastination: Don’t Do It Despite Yourself

The insidious thing about procrastination is that it perpetuates itself. It is a habit that can control our lives and leave us in a constant state of stress. But habits can be broken. Margaret Spencer Dixon, attorney and time management consultant, offers nine techniques for overcoming procrastination. Certain techniques are particularly creative, such as “Drive yourself crazy by doing nothing”: arrange all your documents for writing, be ready to go, and then do nothing for seven minutes. Odds are, you’ll be itching to dive in when time is up. For the more conventional among us, Dixon reminds us to schedule catch-up days and to honor leisure time. If procrastination is your pitfall, please see, “Overcoming Procrastination: How To Get Things Done Despite Yourself,” by Margaret Spencer Dixon. Precedent, Spring 2007. Missouri Bar Association.

http://members.mobar.org/pdfs/precedent/may07/procrastination.pdf