Wyzga On Words

What Do I Mean When I Say "Power, Passion & Precision"?

 

Power.

            Passion.

                            Precision.

For decades now I have repeated my "3P Mantra" when speaking and teaching communication skills, story skills, and platform skills.  I use the "3P Mantra" on my office voice mail.

Power means coaching yourself to practice like you play.  The team plays to win.  The team practices to win.  You play to win - so practice like you play - with power.   A coach at my gym was training a member to get ready for her first tri-athlon.  It was the coach who kept reminding the trainee that she was getting ready for a race, a competition, to beat other people - not just taking a bike ride or a swim.  She took the advice and came in 4th in her class.

Passion means having life.  Does your case story come alive?  Or are you putting lipstick on a corpse?  Do you have a sense of affection for your work, for your client, for this case?  When my clients express exhaustion I always ask them, "For what do you have affection?  How do we marshall that for the task at hand?"

Precision means that state of being exact.  To be exact you must consider all the ways to get it right. To get it right you must develop the right story, right facts, right issues, right language, and right mindset. It can't be wrong when it's right.

Power.

            Passion.

                            Precision.

Green Reduces Stress.

 

Environmental psychology researches the value of open space on humans.  Apparently, a stroll in the out-of-doors or just looking at green spaces helps reduce our stress level as well as supplying  much-needed time for exercise, solitude, contemplation, reflection, perspective, a break from the daily, noise-driven routine, and the like.

Check out GardenVisit.com to get away for a week or a moment.

And summer being the time of fresh produce plenty, visit pick-your-own places at Pick-Your-Own.org. As children and gardeners can attest, there's a special joy in getting our hands dirty.

Advice To Navy Seals In Training - And For The Rest Of Us.

U.S. Navy SEALs (Sea, Air and Land Team) take on the tasks of war focusing on forward operations and combat support.

What I want to know is: How do they endure the grueling mental and physical workouts that weed one brother from another?  Click here to see some photos of U.S. Navy SEALs in training.

Here's a clue: some advice from Joe Maguire (Deputy Commander U.S. Special Operations in Pacific Command-COMPAC) sent to me on April 24th, 2011 when I was ready to call it quits:

"First, never give in to the pressure of the moment.  Whenever you're hurting just hang in there.  Finish the day.  If you're still feeling bad, think about it long and hard before you quit.

Second, take it one day at a time.  One evolution at a time.  Don't let your thoughts run away with you.  Don't start planning to bail out because you're worried about the future and how much you can take.  Don't look ahead to the pain.  Just get through the task and know success is ahead." 

Yes, I'm a U.S. Navy Nurse; but I'm no SEAL.  I'm no SEAL; but I'm still standing.  Taking it one evolution at a time, I fall down 7 and get up 8.

It's Never Too Late To Start Heading In The Right Direction.

What does Beethoven have to do with friendship and compass headings? 

My friend, Stephanie West Allen, sent me a post she wrote in 2002.  It's a wonderful story about the importance of friends who turn us in the right direction.  I call this direction "True North" on my personal compass heading.  I am gravitating toward it with the help of faith, family and friends.

For me, the heart of Allen's blog post is the series of questions she posed which may also be a help to you.  Excerpt.

"Some Questions for You

What gift inside of you is so strong that it must triumph over any adversity (or shyness or inactivity or busy-ness) and  come out for others to enjoy? Are you still holding it in, sapping creative energy by squelching it? What will it take for this ability, this genius, to flow out of you on a stream of inspiration?

We all have our genius with which we can make our world and that of others a more beautiful place. Part of being a member of the brotherhood of man is sharing our gifts with each other. What will bring your tear of joy?

And one more question, who in your life gently turns you around when you are facing in the wrong direction so you can see your standing ovation?"

What are your answers? 

And what other questions does this writing prompt as you turn and head in the direction of your True North?

Samuarai Lawyer And The Book Of Wind.

Patrick Trudell writing as Zen Lawyer Seattle ([email protected]) posted "Lessons from Musashi - The Book of Wind" on 24 February 2012.  This post was preceded by “Lessons from Musashi-The Book of Water, Lessons from Musashi - The Book of Earth, and Lessons from Musashi - The Book of Fire.

For those of you who followed this blog's posts entitled Samuarai Lawyers (Part 1, Part 2, and Part 3) you know that Eric Wagner, a longtime friend who is also a fellow lawyer and life observer in Canada, commented on the Book of Water post.  Wagner spent a number of years living in Japan and practicing Aikido. 

I asked him for his thoughts on the Book of Wind post.  Why?  Because I am fascinated by the practice of law as between these two lawyers living in adjacent countries.  Things are not so same-same as we might think.  I am curious to know what others think and how they practice.

Excerpts from Zen Lawyer Seattle will appear indented and italicized as befits quoting from a source.  Wagner's comments follow each excerpt.

"In his Fourth Book, The Book of Wind, Musashi concludes by stressing the traits of a warrior. Applied to the trial lawyer these traits are:

Lack of Pretense. The trial lawyer is without pretense. The trial lawyer is engaged in a career long quest to develop his spirit in the proper manner. Musashi’s, Book of Five Rings (Translated by Stephen Kaufman, Hanish 10th Dan) (1994) at 83-84.  His commitment is to his cause rather than to himself. The trial lawyer “does not go around telling everyone he is a great [trial lawyer]. He permits his actions to govern others’ responses.” Id. at 92."

Lack of pretense -- I agree.  Lawyers should not be pretentious. 

"Study Others-Be Yourself. Musashi teaches the importance of understanding the “reasons and philosophies of other systems” to benefit from our own. “Without comparison you have no reference point with which to judge for yourself and decide how to properly develop your own self.” Id. at 84. We should study other trial masters to reinforce our understanding of ourself. In this way we constantly reevaluate ourself.  Remember though to be yourself. When we change our methodology because of others we lose ourself. “Eventually you are going to have to come back to your natural state. So why leave it in the first place?” Id. at 96."

Study others and be yourself -- I agree.  It is especially important to study witnesses and judges so we can understand what they are thinking, despite the masks they may try to erect.  With our own witnesses, we have to realize that no matter what we do interms of preparation, they will "revert to type" after a while.  It is better to go with the "type" from the get go than to fight against it. 

"The Big Picture. Always take the broader view of the situation. “Do not concentrate on details. Keep only one thing in mind: that thing is to beat your enemy. In this way your spirit will continue to grow and you will always be conscious of your surroundings and the situations that appear.” Id. at 95. When we are aware of all possible outcomes we “may not even have to do battle because of superior intelligence based on perception and intuition. It is possible to win a fight without ever having to go into combat.” Id at 93. This occurs when the trial lawyer knows the strengths and weaknesses of her case and is known by the opposition to try her cases."

The big picture -- We get back to my earlier-stated objections to seeing the other lawyer as the enemy.  However, (at least in the context of civil litigation) if we see the conflict between the parties as the enemy, then things improve and we understand the proper way to focus on the situation.  The advice not to focus on details is a recipe for disaster, since that is often where the strengths and weaknesses of a case lie.  Try doing a fraud claim without questioning every detail!  I prefer to say that one should be aware of the details, but do not get bogged down in them so that one is distracted from the main goals.  Try this visual -- the guy running point on a patrol is so concerned with trip wires that he keeps looking at the ground and fails to see the enemy patrol standing in the middle of the trail in front of him!

"Quickness over Speed. Trials are competitions. In any competition rhythm and timing are essential. Musashi recognizes this and stress quickness over speed. “Quickness gets inside of speed and enables you to control the situation… . When you advance, … advance quickly and get immediately to the point. Your speed is dependent on the speed of your [opponent]. … [A]djust yourself  accordingly and do not think in terms of being faster and slower. … [I]f you are constantly moving fast you will have no time to maintain your poise and timing.” Id. at 97. “Always move naturally and calmly… .” Id. at 98. Quickness in trial happens when we focus on the present as in the words and body language of the jury in jury selection and the witness during testimony. Rather then concentrating on prepared notes live in the moment of the trial."

 Quickness over speed -- Again, I agree.  However, we should add to this what one of my sensei said.  "To be fast, go slow."  By this, he meant to take the time to do things perfectly and in a smooth, fluid manner rather than rushing around and doing things that need to be corrected.

 

"Trial Lawyer as Warrior. In today’s legal climate the Jerry Spence metaphor of the trial lawyer as a warrior is apropos. Insurance companies rely on lawyers unwilling to try their cases. Insurance companies base low offers on this reliance. In Musashi’s time it took a warrior to get justice for the weak. In today’s economic climate it takes a lawyer willing to file his case and prosecute it through a jury trial to get justice for the injured. When the insurance company sees such a lawyer they often pay fair value “because they would prefer to fight someone else.”

Comments on insurance lawyers -- As a defence lawyer, I must say that I have almost never been given unreasonable instructions.  If anything, the insurers have been willing to pay what I feel are dubious claims when the cost of defending them is too high.  We do take the personalities of plaintiff counsel into consideration, but I have never backed off of a trial because of who was on the other side.  I have backed off of settlement, though, when counsel is known for advancing untenable positions.  I have worked hard to build a reputation as someone who is always thoroughly prepared and who does not take "wing and a prayer" positions.  If I say or do something, it is because I believe in it.  My offers are not unreasonably low or unreasonably high, since such offers serve only to inflame the situation.  When I encounter counsel who are similarly minded, we have in virtually every case been able to reach a negotiated resolution. 

What do you think?

How do you practice?

What do you want others to know about the way in which you practice?

Really, Now! Who Has Time To Write Poetry?

I am reading "The One-Straw Revolution" by Masanobu Fukuoka.  Michael Pollan calls this little book,

"One of the founding documents of the alternative food movement, and indispensable to anyone hoping to understand the future of food and agriculture."

Why would I read such a book? I want to feed people organic apples and the foods one can make with apples.  We can always use a good apple, grown right - and a nice slice of pie.

In one chapter Mr. Fukuoka reflects on how the times have changed.  Not just for farmers but for all of us. In the act of cleaning his village shrine he uncovered bit of haiku written by villagers time out of mind.  Then, he notes, even farmers had time to write poetry.  But no more - we are hurried.

This seems true for all of us.  Even for me when I catch myself (again) eating a meal in front of the computer screen instead of appreciating what I prepared perhaps sitting in the sun.

It can be different, even if only incrementally. We just need to step out of the cave:

From Out the Cave
    by Joyce Sutphen

When you have been
at war with yourself
for so many years that
you have forgotten why,
when you have been driving
for hours and only
gradually begin to realize
that you have lost the way,
when you have cut
hastily into the fabric,
when you have signed

papers in distraction,
when it has been centuries
since you watched the sun set
or the rain fall, and the clouds,
drifting overhead, pass as flat
as anything on a postcard;
when, in the midst of these
everyday nightmares, you
understand that you could
wake up,
you could turn
and go back
to the last thing you
remember doing
with your whole heart:
that passionate kiss,
the brilliant drop of love
rolling along the tongue of a green leaf,
then you wake,
you stumble from your cave,
blinking in the sun,
naming every shadow
as it slips.  [from Straight Out of View. © Beacon Press, 1995]

Samuarai Lawyer In Three Parts. Part 2.

Patrick Trudell writing as Zen Lawyer Seattle ([email protected]) posted “Lessons from Musashi-The Book of Water” on 24 January 2012. This post was preceded by Lessons from Musashi - The Book of Earth, and followed by Lessons from Musashi - The Book of Fire.

On January 24th I was speaking with Eric Wagner, a longtime friend who is also a fellow lawyer and life observer in Canada.  I knew he had spent a number of years living in Japan and practicing Aikido.  I asked him for his thoughts on the Book of Water post.  He was generous with his comments. So much so that his remarks will cover three days and conclude with an article relevant to this topic recently posted in the Law Society of British Columbia's monthly publication called The Advocate.

Excerpts from Zen Lawyer Seattle will appear indented and italicized as befits quoting from a source.  Wagner's comments follow each excerpt.

Part 2.

Purpose. “The martial arts [and trials] are not a game… . You must mean it when you strike… . If you do not, you will certainly get hurt. The only reason to draw your sword is to cut down the enemy.” Id. ad 31. The warrior/trial lawyer must “go straight to the heart of the matter… .” Id. at 33. Musashi teaches the main purpose of the warrior is to defeat the enemy. “Do not be side-tracked by the appearance of the enemy or yourself. Do not be conscious of the particular technique you will use. This causes hesitation. …” Id. “Your attack must be filled with conviction and purpose. In this way you defeat the enemy regardless of his abilities.” Id. Your attitude will be recognized by your opponent and he will prefer to fight someone else. Id.

As for “purpose” – it is not correct to say that the only reason to draw the sword is to cut down the enemy.  Sometimes, it is done in order to see the “enemy’s” reaction and show a willingness to cut, so as to help with settlement.  That is why setting mediation for a date just before one would start ramping up for trial is often much better than having mediation when no trial has been set.  He says not to be conscious of the technique you will use.  This is accurate in swordwork or any combat art.  However, in law, one must be extremely conscious of the arguments and other techniques to be used.  At the same time, though, one must avoid locking into a particular argument so as to blind oneself to developments in the case. 

One of the very first Iaido moves one learns is to draw the sword in a horizontal motion in front of the other person’s eyes.  The main intention is not to cut, but to cause the other person to blink,  hesitate, or move in a particular way, thus setting the stage for the next move.  Japanese castles are often designed so that one entrance/exit appears strong and important, so as to attract an attack, while a less obvious portal somewhere else allows troops to come forth and flank the attackers.  The parallel in law is that sometimes, one makes an argument without there being a true intention for that argument to carry the day.  It may be meant to create an environment where another argument  or negotiation strategy will succeed.

Here’s an old Japanese story.  One fellow bragged about the sharpness of his sword.  He threw up a silk scarf into the air and as it fell, it cut itself in two.  Another fellow put his sword into a stream and the leaves cut themselves as they passed over the sword.  The third fellow (why is it always the third guy in these stories?) put his sword into the same stream and the leaves went around, unharmed.  My preference is to develop the skills and stand like the sword in the water, so that conflict itself falls away rather than destroying anything.   That is the teaching we get from Aikido.

If you haven’t tried Aikido, you may want to walk into a dojo and see if it holds anything for you.

Part 3 will conclude on Monday.

 

Samuarai Lawyer In Three Parts. Part 1.

 

Patrick Trudell writing as Zen Lawyer Seattle ([email protected]) posted “Lessons from Musashi-The Book of Water” on 24 January 2012. This post was preceded by Lessons from Musashi - The Book of Earth, and followed by Lessons from Musashi - The Book of Fire.

On January 24th I was speaking with Eric Wagner, a longtime friend who is also a fellow lawyer and life observer in Canada.  I knew he had spent a number of years living in Japan and practicing Aikido.  I asked him for his thoughts on the Book of Water post.  He was generous with his comments. So much so that his remarks will cover three days and conclude with an article relevant to this topic recently posted in the Law Society of British Columbia's monthly publication called The Advocate.

Wagner's preference on this matter would be to say that Trudell's “metaphor” goes off track in some important ways, while giving some valuable teaching in others.  His remarks are not to be considered a full frontal attack on the man and his ideas, but rather a gentle reminder that he seems to be venturing off course sometimes.  If Trudell truly understands Japanese martial arts, the approach will be familiar and appreciated, since it is what practitioners like Wagner do in training.

Excerpts from Zen Lawyer Seattle will appear indented and italicized as befits quoting from a source.  Wagner's comments follow each excerpt.

 

 In  Musashi’s second book, The Book of Water, we continue to develop the warrior/trial lawyer metaphor.

When I first started practicing, I thought it was appropriate to read Musashi the way this lawyer seems to.  After all, I was a warrior/lawyer going forth to do battle for the forces of good (my paying clients).   This, however, now seems to be incorrect.

Musashi was writing for and about samurai in feudal Japan.  These were folks who were duty bound to follow their lords’ and superiors’ orders without question.   The challenge was to develop the skills to carry out those orders without going crazy in the process.   Some people say that the appeal of zen and its emphasis on stillness and quiet were in response to the need to deal with the voices of all the people the samurai killed and were about to kill.  Samurai really had no discretion.

I have a great deal of respect for the samurai, but I refuse to make them out to be anything other than what they were.  While there is a tendency among some people to romanticize samurai, they were killers above all else.  Unquestioning and effective killers.  That does not change just because they may also have been able to recite poetry or do calligraphy.

Modern day lawyers, on the other hand, are tasked with developing and exercising discretion at every turn.  We are not just blindly following orders.  We have to recommend and evaluate courses of action.  Sometimes we must refuse to do as our clients say.  It is not at all like what the samurai were doing.

Viewing oneself as a samurai / lawyer bound to destroy “the enemy” on the other side would seem to make one overly combative as a lawyer.  Negotiating a settlement with such a lawyer would be difficult at best.  Such a view also fails to take account of the fact that there is often a need to have a continuing relationship with that person on the other side.  Separated and divorced parents need to work with one another where the kids are concerned.  People in the business community will continue to cross paths and a reputation as a ruthless and eager litigator will poison the well pretty quickly. 

 

Appearance. “The manner in which a warrior carries himself is of utmost importance both physically and mentally.” Musashi’s, Book of five Rings (Translated by Stephen Kaufman, Hanshi 10th Dan 1994) at 26. The appearance of a warrior / trial lawyer should be “quiet and strong and seem to be doing nothing.” Id. The lawyer neither appears to be tense nor in disarray. The lawyer simply appears. When it is necessary to present the lawyer does so with complete resolve, confident, “neither overbearing in attitude nor with false humility.” Id.

If I as a lawyer “seem to be doing nothing,” it will not go well for me with a client who is paying me fees to do something.

 

The Opposition. “A small man can beat a much larger man and one man can beat many men.” Id. at 27.  Never allow yourself to be intimidated by the size of the opposition. Never show the enemy “false bravado.” Id. at 30. Never “prejudge a view according to what you think things should be, but instead look at all things equally and in this way you will be able to discern what can hurt you and what cannot.” Id. at 29. Steadfastness of purpose is a key requirement because if you lack this you will easily be led into false security and be easily defeated. Id.

As for not prejudging – that is bang on.  It is much better to approach a matter in a neutral manner, as should a judge, than with a view overly slanted in favour of one party or the other.  This helps one to see the entire picture much better.  Doing this requires discipline and experience, which is along the samurai lines but also along the lines of pretty much any discipline, whether it be flower arranging or playing the violin.

Part 2 continues tomorrow.

Tell Me About Unity & Strength.

THE BUNDLE OF STICKS

A CERTAIN Father had a family of Sons, who were forever quarreling among themselves. No words he could say did the least good, so he cast about in his mind for some very striking example that should make them see that discord would lead them to misfortune.

One day when the quarreling had been much more violent than usual and each of the Sons was moping in a surly manner, he asked one of them to bring him a bundle of sticks. Then handing the bundle to each of his Sons in turn he told them to try to break it. But although each one tried his best, none was able to do so.

The Father then untied the bundle and gave the sticks to his Sons to break one by one. This they did very easily.

"My Sons," said the Father, "do you not see how certain it is that if you agree with each other and help each other, it will be impossible for your enemies to injure you? But if you are divided among yourselves, you will be no stronger than a single stick in that bundle."

In unity is strength.

TIP:    

1. Some days you have to go back to the basics to "get it."
2. Nothing is more basic than a story.
3. For each problem there is always one elegant solution; often you will find it in a story.

 

Winter Is Dark For A Reason.

Winter Is the Best Time

    by David Budbill

Winter is the best time
to find out who you are.

Quiet, contemplation time,
away from the rushing world,

cold time, dark time, holed-up
pulled-in time and space

to see that inner landscape,
that place hidden and within.

"Winter Is the Best Time" by David Budbill, from While We've Still Got Feet. © Copper Canyon Press, 2005.  Other poems by Budbill.