Flow and the Art of Lawyering: Part I
From time to time I read a book that really resonates with me. I happen to like most books I read (either I would make a terrible critic or I choose good books—likely the former) but when it comes to reading Mihaly Csikszentmihalyi’s Flow: The Psychology of Optimal Experience, I knew my next piece for Lawyerist would be about flow and the art of lawyering. (Bragging rights to the first person who correctly pronounces Csikszentmihaly’s last name in the comments.)
Flow, as Csikszentmihalyi defines it, is that elusive state of mind in which you are so focused that you lose yourself. There are no nagging worries, no thoughts about the past or the future. You are completely involved in the present activity. Often, this is an activity you really enjoy. Maybe it’s a sport or a hobby. If you’re “lucky,” it’s your work.
In the context of lawyering, perhaps you experience flow when you’re thinking on your feet in the courtroom, cross-examining a witness or rebutting opposing counsel’s arguments, or when you’re at your desk writing a trial memo or appellate brief. In fact, the art of lawyering is a wonderful challenge, in that it provides many opportunities to find flow in a variety of activities, from legal writing to negotiation to oral argument.
But, if you’re like most of us, moments of flow are few and far between. And, if you’re like me, you want to achieve flow more often. Read on to find out how you can achieve flow in everyday experience.
As Csikszentmihalyi writes, these are the five “essential steps” in achieving flow:
- Set an overall goal and several realistic subgoals
- Find a way to measure the progress you make in reaching your goals
- Concentrate on the activity and make finer and finer distinctions in the challenges involved
- Develop your skills so that you may rise to the opportunities
- When the activity gets boring, raise the stakes
Finding Flow is a Process, Not an Epiphany
You can change almost any activity into a flow-inducing experience. But achieving flow is elusive because of our wandering, chaotic minds. I have my bundle of human concerns: I worry whether I am on the right path as a writer who also happens to be a lawyer. (Will it lead to “success”?) I worry that the Great Recession will render me unemployed and penniless. I worry about the laundry and how I don’t want to fold it. I want to do the easy thing and go watch TV.
It’s a waste of my time and precious energy.
Eric Sonnenschein, a New York-based copywriter and fellow member of the Advertising Creatives group on LinkedIn, responded to a recent provocative post dissing copywriters as know-nothings who rarely add real value to the businesses who employ them.
Of course, copywriters counter-attacked, defending their profession en masse. And Sonnenschein wrote, “Are we really defending a profession widely considered as untrustworthy as law and car sales? Copywriters don’t need defending. The best are like great poets and story tellers; the worst are loud and annoying hucksters. And advertising is big-hearted enough to pay both.”
I won’t get into whether or not law is “big-hearted enough” to pay the best lawyers as well as the worst. But Sonnenschein makes a great point – it reminds me of Csikszentmihalyi’s flow.
I’ve practiced law and I write advertising, two challenging activities that society does not always look upon favorably. But why worry about it? Why defend it? Any challenging activity that you enjoy doesn’t need defending. The less time we spend worrying about what others think, the better. The less time we spend worrying about relative success or the choices we’ve made in life and the opportunities that have or have not presented themselves to us, the more time we can spend in a state of flow, actually enjoying the challenges we face.
As lawyers, we have a great opportunity to achieve flow in our lives.
Follow Csikszentmihalyi’s five steps and see if you can experience flow more often. (And stay tuned after the New Year for Part II, in which I apply Csikszentmihalyi’s five essential steps to achieving flow in the activity of legal writing.)