Psychology for Lawyers

understanding ourselves
emotional awareness


Preface

"Most people are in the dark about themselves, with no idea about their feelings and the consequences of them."

—Jolande Jacobi, Masks of the Soul 23 (Grand Rapids, Michigan: William B. Eerdmans Publ., 1976)(Ean Begg transl.)

"[L]earning 'to think like a lawyer' has traditionally favored cognition and ignored the powerful role of emotions in all human undertakings."

—Melissa L. Nelken, Andrea Kupfer Scneider & Jamil Mahaud, "If I'd Wanted to Teach About Feelings, I Wouldn't Have Become a Law Professor," in Christopher Honeyman, James Coben & Giuseppe De Palo (eds.), Venturing Beyond the Classroom (2010) [online text]

"Lawyers need emotional intelligence as much as they need the other skills that make them Good Lawyers. We are all simultaneously emotional and rational human beings, although some of us operate more comfortably at one extreme or the other. In order to do our work well, we must be in touch with what we are feeling—and why."

—Marjorie A. Silver, Love, Hate, and Other Emotional Interference in the Lawyer/Client Relationship, 6 Clinical L. Rev. 259, 259-260 (1999) [online text]

"The training that goes into learning to be a counselor often focuses on feelings: how we feel about the client we are trying to serve, how we feel about the choices the client is making, how we feel about the use of law to help the client implement these choices, how we feel abut the opposing lawyer, and how we feel about the law more generally and the life we have made for ourselves as lawyers. Counseling a client is influenced by what we bring to the relationship as well as what happens in face-to-face interactions. The past becomes the 'trigger' of certain (sometimes predictable) feelings. The past has as much to do with feelings as the present. The past makes some feelings common, some occasional, and some unlikely. And it is also true that our feelings, what we are actually experiencing at the moment, or the feelings we have in being with another person, make us the kind of person we are. Empathy, the ability to put yourself in the shoes of another, to understand how he feels, and openness to and awareness of your own feelings are fundamental and basic skills in counseling."

—Thomas L. Shaffer & James R. Elkins, Legal Interviewing and Counseling 10 (St. Paul, Minnesota: Thomson/West, 4th ed., 2005)

"When Jung says, 'a feeling is as indisputable a reality as the existence of an idea,' feeling types will say 'of course' and thinking types will learn this truth at their begrudging expense. Jung considered feeling, along with thinking, one of the two rational functions . . . . Both feeling and thinking weight, measure, ratio, evaluate. So surely, to invoke the popular cliché, to be out of touch with one's feelings is to be separated from a powerful internal guidance mechanism which offers a continuous commentary on the course of our lives and invites behaviors appropriate to those evaluations. But too often we continue to confuse feeling with emotion. Emotion is the raw, neurological discharge of energy when a stimulus occurs. That energy is immediately processed through the screen of the particular person's sensibility, that is, the complexes, culture, and extent of consciousness. What transpires after this screening is feeling, which is fraught not only with judgment but with a content as well. The content of a feeling is not only energy, that is emotion, but thought as well. That thought may be based on a false premise, a misreading of external reality, but it has its own self-referential character.

* * * *

The more the experience activates the primordial history we all carry, the more primitive, that is, the more unconscious and undifferentiated the thought which is embodied."

—James Hollis, The Archetypal Imagination 104 (College Station, Texas: Texas A&M Press, 2000)

Readings

Thomas L. Shaffer & Robert S. Redmount, The Worship of the Disembodied Brain: The Result is a Legal Education that Sanctifies Thinking Over Feeling, Technique Over Tenderness, 2 (2) Learning and the Law 9 (1975) [online text]

Robin Wellford Slocum, An Inconvenient Truth: The Need to Educate Emotionally Competent Lawyers [online text]

__________________, Educating Students About the Emotional Factors That Can Undermine Their Analytical Thinking [online text]

Randall Kiser, The Emotionally Attentive Lawyer: Balancing the Rule of Law with the Realities of Human Behavior, 15 Nev. L. Rev. 443 (2015) [online text]

  "The Magical Power of Feeling," in Gerry Spence, Win Your Case 25-33 (New York: St. Martin's Press, 2005)

John Welwood, "Befriending Emotion," in John Welwood (ed.), Awakening the Heart: East/West Approaches to Psychotherapy and the Healing Relationship 79-84 (Boulder, Colorado: Shambhala, 1983)

___________, Befriending Emotion: Self-Knowledge and Transformation, 11 (2) J. of Transpersonal Psychol. 141 (1979)] [online text]

"The Denial of Feelings," in Alexander Lowen, Narcissism: Denial of the True Self 47-77 (New York: Collier Books, 1985)

"Preface," to James Hillman, Emotion: A Comprehensive Phenomenology of Theories and Their Meanings for Therapy (Evanston, Illinois: Northwestern University Press, 1992) [online text]

Mark Solm, Thinking and Feeling: What's the Difference? [online text]

"What Is Emotion?" & "Hallmarks of the Emotional Mind" in Daniel Goldman, Emotional Intelligence: Why It Can Matter More Than IQ 289-296, 46-55, 291-296 (New York: Bantam Books, 1995)

"Know Thyself," Daniel Goldman, Emotional Intelligence: Why It Can Matter More Than IQ 46-55 (New York: Bantam Books, 1995)

Jordan Peterson, There is No Such Thing as EQ [online text]

Supplemental Readings (Emotions & Psychotherapy)

Leslie S. Greenberg & Jeremy D. Safran, Emotion in Psycholtherapy, 44 (1) American Psychologist 19 (1989) [online text]

L.S. Greenberg, Emotion-Focused Therapy, 11 (1-2) Clinical Psychol. & Psychotherapy 3 (2004) [online text]

____________, Emotion-focused Therapy: A Clinical Synthesis, 8 (1) J. Lifelong Learing in Psychiatry 32 (2010) [online text]

Michael R. Bridges, Activitating the Corrective Emotional Experience, 62 (5) J. Clinical Psychology: In Sessions 551 (2006) [online text]

Robert Plutchik, Emotions in the Practice of Psychotherapy: Clinical Implications of Affect Theories (Washington: D.C. American Psychological Ass'n, 2009) [online text]

Class Videos

Lawyers and the Realm of Feelings

Class Viewing 1: A Lawyer Talking about How We Are Taught That Emotions Have No Place in the Law [7:16 mins.] [Jill Breslau] [begin class presentation at 1:39 mins.] [what we do with emotion in legal education; we emphasize the rational with the suggestion that emotion has no place in the law; one result is that we lose touch with our own emotional landscape] [thinking like a lawyer is more like a worldview than a new tool in the toolkit] [Part I of Breslau's commentary will not be screened in class :: Pt1 [7:19 mins.]

Class Viewing 2: Lawyers and Emotional Intelligence [2:27 mins.] [Charles Halpern, a lawyer and law teacher]

Thinking about Emotions: Different Perspectives

Class Viewing 3: How Emotions Affect Our Cognitive Functioning [39:12 mins.] [Gabor Maté] [begin presentation at 1:53 mins. to 6:00 mins.; 27:41 mins. to 30:02 mins., 32:16 mins. to 35:44 mins.]

Class Viewing 4: Gabor Mate on Emotions, Stress, and Illness [20:17 mins.] [Gabor Maté] [begin presentation at 2:31 mins. to 7:53 mins.]

Class Viewing 5: What Role Do Emotions Play in Consciousness? [5:49 mins.] [Antonio Damasio] [Professor of Neuroscience, University of Southern California]

Class Viewing 6: The Importance of Emotion [6:14 mins.] [Allan Schore, UCLA] [". . . emotions tell us what is meaningful."]

Class Viewing 7: Making Emotion (How Emotions are Made) [2:57 mins.] [Lisa Feldman Barrett comments on the brain's work in creating emotions]

Class Viewing 8: Alan Watkins on Decision Making [3:24 mins.] [Alan Watkins is an Honorary Senior Lecturer in Neuroscience and Psychological Medicine at Imperial College, London and Affiliate Professor of Leadership at the European School of Management, London. He originally qualified as a physician, and a degree in psychology, and a PhD in immunology.]

Class Viewing 9: Alan Watkins: Being Brilliant Every Single Day [18:41 mins.] [end class presentation at 11:22 min.] Pt2 [26:14 mins.] [Pt2 will not be viewed in class] Being Brilliant or How to Crank Out Your A-Game Every Single Day [2:17 mins.] [end class presentation at 0:52 mins.] Revised Version [2:34 mins.]

Questioning Emotional Intelligence (Jordan Peterson)

Class Viewing 10: The Theory of Multiple Intelligences is Rubbish [4:05 mins.] [Jordan Peterson] [from Peterson's 2016 Personality and Its Transformations lectures] [questioning the idea of multiple intelligences, including emotional intelligence]

Reference (Lawyers & Feelings: Gerry Spence)

Creating a Relationship with the Jury
[1:24 mins.] [on being real; "I am who I am because I'm real"]

Spence on Feelings
[2:22 mins.] [begin at 0:36 mins.]

Gerry Spence: The Value of Fear
[5:19 mins.]

Decisions Are Made Based on How We Feel
[4:24 mins.] [Gerry Spence] [our decisions are made on the basis of how we feel; comment at 1:17 mins.]

Reference (Emotion) (Jordan Peterson)

Jordan Peterson Lecture: Freud
[1:14:39 mins.] [lecture in Peterson's 2015 course, Personality and Its Transformation] [class presentation begins at 40:26 mins. and ends at 45:06 mins.] [another possible end for the presentation is at 48:10 mins.] [tradition has overly focused on rationality, and in doing so, has tried to "clear out the emotions"; Peterson locates emotion in the context of rationality, and in the context of what we learn from Freud]

What Are Feelings?
[4:21 mins.]

Emotions and Why Anxiousness is Your Worst Enemy
[2:58 mins.]

No Goal, No Positive Emotion
[4:10 mins.]

Tools, Emotions and Meaning
[7:09 mins.]

Emotions and Why Anxiousness is Your Worst Energy
[2:58 mins.]

Belief Systems Regulate Emotions
[5:27 mins.]

Negative Emotion for Human Beings is More Powerful than Positive Emotion
[5:27 mins.]

Advice for Regulating Emotions
[4:48 mins.]

On Rationality and Emotion
[5:58 mins.]

Reference (Emotions)(Antonio Damasio)

How Our Brains Feel Emotion
[8:53 mins.]

When Emotions Make Better Decisions
[3:22 mins.]

What is the Self?
[13:47 mins.]

Self Comes to Mind
[4:44 mins.]

What Qualities Define the Self?
[3:06 mins.]

The Quest to Understand Consciousness
[18:42 mins.] [TED Talk]

The Brain: Creativity, Imagination, and Innovation
[48:44 mins.] [begins presentation with reflections "on knowing" (approximations of what is)]

Human Decisions
[1:29:06 mins.] [lecture begins at 4:36 mins.]

This Time With Feeling: David Brooks and Antonio Damasio
[1:05:35 mins.]

Reference (Emotion & Feeling: Antonio Damasco)

How Our Brains Feel Emotion
[8:52 mins.] [laying out the basis for distinguishing feeling and emotion]

Reference (Emotion & Psychotherapy)

Insight Into the Self
[4:46 mins.] [Matt Sanford] ["Emotions are the doorway."]

Where Emotional Issues Come From and What to Do About Them
[1:45 mins.]

Repressive Defenses
[3:43 mins.] [Jon Frederickson]

Will Meyerhofer: A Lawyer Turned Psychotherapist
[4:52 mins.] [end commentary at 1:02 mins.]

Human Emotions and Psychotherapy
[26:19 mins.] [Stefan Hofmann, Boston University]

Feeling Your Feelings in Therapy
[2:18 mins.]

Are Feelings Good or Bad?
[16:25 mins.] [Mark Sehl]

Susan Johnson on the Power of Emotion
[4:43 mins.] [explains why emotion should be the guiding force in how we interact with our clients in the consulting room]

Emotion and Health
[26:19 mins.] [Stefan Hofmann, Boston University]

Emotions: Layers of Shame
[9:32 mins.] [Brad Halifax]

Reference (Emotion-Focused Therapy)

Person Centered and Process Experiential Emotion Focused Therapy
[9:30 mins.] [Robert Elliott explaining Carl Rogers approach to psychotherapy, going on to explain his own approach, emotion focused therapy] Pt2 [9:52 mins.]

EFT Distinctive Features and Influence
[14:05 mins.] [Robert Elliott] Pt2 [14:37 mins.] Pt3 [11:37 mins.] Pt4 [9:23 mins.]

Les Greenberg on Emotionally Focused Therapy (EFT)
[8:04 mins.]

Leslie Greenberg on Emotion-Focused Therapy in 2016
[43:56 mins.]

EFT Training
[13:44 mins.] [Leslie Greenberg] Pt2 [10:33 mins.]

How Do You Change Emotions?
[1:57 mins.]

Reference (Emotional Intelligence)(Allan Schore)

On Therapeutic Alliance and Emotional Communication
[5:25 mins.]

Reference (Emotions & Mindfulness)

How Mindfulness Works to Overcome Painful Emotions
[2:43 mins.] [Steven Hayes]

Happiness Is an Empty Promise
[12:27 mins.] [Steven Hayes]

B. Alan Wallace: Cultivating Mental & Emotional Balance
[30:33 mins.]

Reference (Emotion)

Rachel Naomi Remen on The Life Force
[9:33 mins.] [commenting on anger] [Thinking Allowed with Jeffrey Mishlove]

Emotions at Work
[17:39 mins.] [Stéphanie Mitrano] [TED Talk] [on the two worlds of private and professional life]

Neuroscientist Joseph LeDoux on Anxiety and Fear
[14:12 mins.]

Anxious
[1:00:16 mins.] [presentation by Joseph LeDoux begins at 1:38 mins.]

Reference (Emotional Awareness)

Mindfulness: How to Call Off the Emotional Attack Dogs
[8:45 mins.] [Paul Ekman]

Outsmart Evolution and Master Your Emotions
[4:01 mins.] [Paul Ekman]

How We've Been Misled by Emotional Intelligence
[14:34 mins.] [Kris Girrell]

Self-Awareness and Emotional Intelligence
[7:33 mins.] [Linda J. Ferguson] Emotional Self-Regulation [10:16 mins.] Self-Motivation and Emotional Intelligence [6:49 mins.] Empathy and Emotional Intelligence [6:16 mins.] Strategies for Emotional Intelligence [9:02 mins.]

Lawyer Personality
[9:38 mins.] [discussion of relevance begins at 3:05 mins. into the video and ends at 6:18 mins.] [Susan Daicoff, author of Lawyer Know Thyself] [lawyers as "thinking types"|emotion and feeling|distressed lawyers|client dissatisfaction with lawyers
]

What is Emotional Intelligence?
[5:07 mins.]

Why Do Our Feelings So Much?
[6:21 mins.]

Measuring Emotional Literacy to Foresee Success
[20:16 mins.]

Are Emotions Contagious in the Workplace?
[15:18 mins.]

Leading with Emotional Intelligence in the Workplace
[3:37 mins.]

Emotional Intelligence at Work
[1:00:19 mins.] [Hendrie Weisinger]

Leveraging Emotional Intelligence in the Workplace
[1:10:41 mins.]

Emotions are Contagious: Spreading Emotional Intelligence
[21:49 mins.] [TED Talk]

How We've Been Misled by 'Emotional Intelligence
[14:34 mins.] [TED Talk]

The Emotional Life of Your Brain
[43:43 mins.] [Richard J. Davidson]

Marsha Linehan: Strategies for Emotion Regulation
[2:46 mins.] [Marsha Linehan is associated with Dialectical Behavior Therapy]

Todd Kashdan

The Upside of Your Dark Side
[7:25 mins.] [Todd Kashdan on negative emotions]

Positive Psychology: Handle Negative Emotions
[44:39 mins.] [podcast]

The Upside of Your Dark Side
[14:19 mins.] [audio | interview]

The Entrepreneurs Library
[46:02 mins.] [audio interview]

Psychology of Emotions

Emotions: An Introduction to Psychology
[1:00:08 mins.] [a lecture by John Gabrieli, in an MIT online, Introduction to Psychology course]

Emotions 1: Psychology 122--Motivation
[34:49 mins.]

Psychology 101: Theories of Emotions
[10:57 mins.]

Human Emotions and Their Disorders
[33:06 mins.] [Professor June Gruber, Yale University]

Steven Pinker: Emotion, Reason and Moral Progress
[21:22 mins.]

Emotional Intelligence: From Theory to Everyday Practice
[1:02:28 mins.] [Marc Brackett, Director of the Yale Center for Emotional Intelligence]

The Past, Present, and Future of Emotional Intelligence
[2:08:50 mins.] [a Marc Brackett presentation]

The Neuroscience of Emotion
[19:17 mins.] [Kerry Ressler]

Psychology of Emotions: Paul Ekman

Mastering Emotions [3:19 mins.] [Paul Ekman]

Mindfulness: How to Call Off the Emotional Attack Dogs
[8:45 mins.] [Psychologist Paul Ekman]

Paul Ekman on Emotions
[4:31 mins.]
Pt2 [7:35 mins.] Pt3 [7:39 mins.] Pt4 [7:18 mins.] Pt5 [5:52 mins.]

Paul Ekman: Outsmart Evolution and Master Your Emotions
[4:01 mins.]

Psychology of Emotions: Lisa Feldman Barrett

Ask How, Not Where (How Emotions are Made)
[2:11 mins.] [Lisa Feldman Barrett is author of the book How Emotions are Made: The Secret Life of the Brain]

Experts in Emotion: Lisa Feldman Barrett on What is an Emotion
[36:21 mins.]

Reference (Emotions | Jon Kabat-Zinn)

Emotional Intelligence and Awareness
[3:05 mins.] [Jon Kabat-Zinn]

Emotional Pain Is Worse
[11:29 mins.] [audio]

Embrace Negative Emotions
[14:42 mins.] [audio]

Reference (Mentalization)

What Is Mentalization?
[20:00 mins.] [Peter Fonagy] [Fonagy, along with Alan Bateman, developed the concept of mentalization] [another important figure associated with the concept of mentalization is Jon Allen]

What is Mentalizing & Why Do It
[10:59 mins.] [Jon G. Allen] [relates the concept to mindfulness]

Mentalization
[1:08:38 mins.] [Brandon Unruh] [extremely poor video]

Reference (Neuroscience & Emotions)(Jaak Panksepp)

The Science of Emotions: Jaak Panksepp
[17:39 mins.]

Ancestral Memories: Brain Affective Systems, Ancient Emotional Vocalizations, and the Sources of Our Communicative Urges [1:49:00 mins.] [Panksepp's presentation ends at 1:08:00 mins.]

From Psychiatric Ward to Understanding Happiness
[1:05:00 mins.] [Panksepp coined the term affective neuroscience] [Panksepp is author of The Archaeology of Mind: Neuroevolutionary Origins of Human Emotion]

Systems of Emotions: Jaak Panksepp Interview
[26:24 mins.] Pt2 [35:06 mins.] [2013] [The emotions are deep value systems of the brain.]

Affective Continuity? From Seeking to Play: Science, Therapeutics and Beyond
[1:35:44 mins.] Pt2 [1:11:03 mins.]

Reference (Neuroscience & Emotions)(Joseph Ledoux)

Rethinking Emotion
[30:03 mins.]

The Perplexing Relationship between Emotions and Consciousness
[25:26 mins.] [poor quality video]

The Emotional Brain
[53:57 mins.] [Joseph LeDoux's Templeton Lecture, 2011, University of Sydney]

Coming to Terms with Fear and Anxiety
[46:56 mins.] [2015]

Coming to Terms with Fear
[1:35:44 mins.] [presentation begins at 4:22 mins.; talking about fear and anxiety] [NYC-CBT Lecture, October 28, 2015, Weill Cornell Medical College]

Reference (Neuroscience & Emotions)

The Neuroscience of Emotion: Kerry Ressler
[19:17 mins.] [TED Talk]

Motivation to Pursue Dreams and Hopes: Understanding the Brain's Reward System
[1:27:09 mins.] [Sheri Johnson, Department of Psychology, University of California-Berkeley]

The Neuroscience of Social Emotion
[29:35 mins.] [Daniel Siegel]

Reference (Emotional Intelligence) (Daniel Goleman)

Goleman Introduces Emotional Intelligence
[5:31 mins.] [self-awareness and knowing what we are feeling]


Emotional Intelligence

[3:53 mins.] [Daniel Goleman interviewed; commenting on IQ and EI]

Ways to Boost Emotional Intelligence
[1:59 mins.]

Daniel Goleman Explains Emotional Intelligence
[26:36 mins.] [begin presentation at 0:26 mins.; and end in-class presentation at 5:46 mins.]

Emotional Intelligence or Behavioral Control?
[8:49 mins.] Pt2 [10:11 mins.]

Reference (Alan Watkins)

What Matters: Dr Alan Watkins on People and Talent
[3:37 mins.]

Why You Feel What You Feel
[20:18 mins.] [TED Talk]

Being Brilliant Every Day: #1 Secret To Personal Development
[24:35 mins.]

The Importance of Mental Health in Tech
[27:31 mins.]

Vertical Development
[9:45 mins.]

World Class Leadership Model
[15:34 mins.]

Presentation: 2016
[23:25 mins.]

Reference (Emotional Intelligence)(Mitchel Adler)

Healing with Self-Awareness and Mindbody Intelligence
[1:42 mins.] [Mitch Adler] [Mitchel Adler is a consultant, author, and psychotherapist; presentation at the UC Davis Executive Leadership Program]

Emotional Intelligence: How Good Leaders Become Great
[33:38 mins.] [begin class presentation at 4:22 mins.; end at 15:00 mins.]

Mitchel Adler Discussion with Brian Moffitt
[9:50 mins.] [four domains of emotional intelligence: self awareness, self management, social awareness and social skills] Extended Version of the Interview [28:33 mins.] [conversation begins at 2:04 mins.]

Emotional Intelligence and Success
[4:15 mins.]

Reference (Emotional Intelligence: Roger Reece)

Four Dimensions of Emotional Intelligence
[3:21 mins.]

Emotional Intelligence & Self-Awareness
[3:22 mins.]

Emotional Intelligence & Social Awareness
[2:15 mins.]

Emotional Intelligence and Un-Insultability
[4:20 mins.]

Emotional Intelligence: When Your Brain Sabotages Itself
[4:59 mins.]

Reference (Emotional Intelligence)
(Articles & Web Resources)

Emotional Intelligence and Personality as Predictors of Psychological Well-Being [in Law Students]
[Colin James, Miles Bore & Susanna Zito, 30 J. Psychoeducational Assessment 425 (2012)]

Seeing Things As We Are: Emotional Intelligence and Clinical Legal Education
[Colin James, University of Newcastle Legal Centre] [International J. Clin. Legal Educ.]

Law Student Well Being: Promoting Psychological Literacy and Self-Awareness Using Mindfulness and Emotional Intelligence [Colin James, 21 Legal Educ. Rev. 217 (2011)]

Think Like a (Mindful) Lawyer: Incorporating Mindfulness, Professional Identity, and Emotional Intelligence into the First Year Law Curriculum [Nathalie Martin, 36 U. Ark. Little Rock L. Rev. 413 (2014)]

Emotional Intelligence and Lawyers
[Psycholawlogy]

Tandem Emotional Intelligence and Protection Against [Lawyer] Depression
[Psycholawlogy]

Emotional Intelligence Is Really Imaginal Intelligence
[Jason Thompson, Queensland, Australia] [an archetypal psychology perspective]

Emotional Intelligence
[Rational Wiki]

C.C. Kelton, Clients Want Results, Lawyers Need Emotional Intelligence, 63 Cleveland St. L. Rev. 459 (2015).

Reference (Emotions)(Book)

Roger Fisher & Daniel Shapiro, Beyond Reason: Using Emotions as You Negotiate (New York: Viking, 2005)


Contact Professor Elkins