THE ATTORNEY WELL-BEING ISSUE
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FEBRUARY 2019
THE ATTORNEY
WELL-BEING ISSUE
■■ 12 STEPS TO A HEALTHIER, ■■ TRAIN YOUR BRAIN: RESILIENCE
HAPPIER LAW FIRM TOOLS FOR LAWYERS
■■ BEATING THE WINTER BLUES ■■ WHY EXERCISE FOR LAWYERS MATTERS
ALSO IN THIS ISSUE:
TASK FORCE ON LAWYER WELL-BEING LAUNCHED
CANDIDATES SOUGHT FOR 2019 BAR ELECTIONS
Advanced Trial
Advocacy Program
SAVE THE DATE: JUNE 3-7, 2019
A Complete Experience Hands-On Learning Dedicated Instructors
The Advanced Trial Advocacy Participants will use the skills learned An outstanding group of highly-
Program covers all aspects of the to demonstrate proper trial advocacy accomplished Montana trial lawyers
trial process from jury selection to through role-playing scenarios that and judges will demonstrate skills
closing arguments in both lecture and test each portion of the trial process. and critique your performance
practice environments. throughout the program.
Confirmed Advanced Trial Advocacy Program Faculty for 2019 include:
Hon. Amy Eddy Hon. Mike Menahan Tony Gallagher Hon. Mike Moses
Flathead County Broadwater and Federal Defenders of Yellowstone County
District Judge Lewis & Clark County Montana District Judge
District Judge
This program is recommended for any lawyer wishing to improve skills with
witnesses and courtroom argument whether in trial, deposition, or hearing.
www.umt.edu/law-ata | Blewett School of Law | Missoula, Montana
UPCOMING LAW SCHOOL EVENTS:
United States Court of Appeals for March 14-16..... On Campus Interviews
Veterans Claims Coming to Montana March 20.......... U.S. Court of Appeals for
Veterans Claims Hearing
April 3.............. Browning Lecture in Law
April 5.............. Montana Supreme Court
CAVC Oral Argument: March 20, 2019 | 9:00 a.m. Hearing
Please make your plans to visit Missoula, Montana, for an upcoming April 11............ IP Day in Montana
oral argument before the United States Court of Appeals for Veterans April 15-19....... Indian Law Week
Claims (CAVC), taking place at the Blewett School of Law. May 11............. Law School Graduation
June 3-7........... Advanced Trial Advocacy
Veterans Law CLE: March 20 - 21, 2019
June 3 -
The Blewett School of Law is offering continuing legal education August 2.......... Summer American Indian &
(CLE) programming in the afternoon following the oral argument, Indigenous Law Program
as well as the following day. August 15-16... Public Service Academy
October 3-4..... Public Land Law Conference
More details on all law school events are available at umt.edu/law. October 5........ UM Homecoming
2 MONTANALAWYER WWW.MONTANABAR.ORG
FEBRUARY
2019
VOL. 44 ISS. 4
REGULAR FEATURE ARTICLES
FEATURES
4 PRESIDENT’S MESSAGE
EXECUTIVE DIRECTOR'S
5 MESSAGE
6 YOU SHOULD KNOW
7 MEMBER NEWS
14
12 COURT NEWS
23 LEGAL JARGON
24 MONTANA NEWS
THE ATTORNEY
27 CLE
23
WELL-BEING ISSUE
28 IN MEMORIAM
30 JOBS/CLASSIFIEDS
ON THE COVER
14 12 STEPS TO A HEALTHIER, HAPPIER LAW FIRM
17 WHY EXERCISE FOR LAWYERS MATTERS
18 TRAIN YOUR BRAIN: RESILIENCE TOOLS FOR LAWYERS
20 BEATING THE WINTER BLUES
5 TIPS TO KEEP YOUR
23
WRITING TIGHT
“Style Lessons in Clarity
Bars across the U.S., including and Grace” can help make
Montana’s, have long taken lawyer you a pro with prose.
well-being seriously, but recent studies
on substance abuse and mental health UM LAW SCHOOL
struggles in the profession have renewed TO HOST INTERNATIONAL
focus on the issue. The State Bar of COMPETITION
Montana recently launched a task force
24
on lawyer well-being (see page 6). Selection comes after UM
This issue also includes articles on how team’s success under long-
focusing on how lawyers can keep their time coach Klaus Sitte
bodies and minds sharp. .
3 MONTANALAWYER WWW.MONTANABAR.ORG
PRESIDENT’S MESSAGE
Keep striving for fragile
goal of equal justice
The numbers 3-7-77 are on the patch mean “You the Powerful.”
that Montana Highway Patrol troopers Equal justice is a fragile concept, as
wear on their uniforms. While the exact anyone who has tried to balance a scale
meaning of the numbers is unclear, it knows. Any minor change in weight on
is certainly related to the early days of one side or other creates a dangerous
justice in Montana when vigilantes were, imbalance. Put too much weight on one ERIC NORD
for many, the only system of law and side and you get totalitarianism. Put
order. One of the most widely accepted too much weight on the other side and
theories of the number is that it repre- you get anarchy or mob rule. Between
sents the dimensions of a grave (three these two extremes our judicial system
feet wide by seven feet deep by 77 inches seeks to impart “equal justice” with the
Montana lawyers and
long).1 understanding that the scales weigh the judges strive in various
While this period of Montana “jus- strength of every case’s support and ways to promote equal
tice” may be romanticized by some, it opposition. justice in our state. As
certainly had its drawbacks. Whether Montana lawyers and judges strive in we go about our daily
you were the suspect of a crime unjustly various ways to promote equal justice in lives, let us keep our
accused by the mob who wanted to lynch our state. On a day-to-day basis, lawyers
hearts and minds open
you, or the victim of a crime perpetrated represent opposing parties who present
by a well-connected “popular” criminal, their differing viewpoints and let the to additional ways
vigilante justice had its problems. The judge or jury decide who is right. Many that we can serve this
only option to vigilante justice in many attorneys offer their services pro bono to primary goal of our
places was the so-called miners’ courts assist the indigent in letting their voices profession.
where justice could be very democratic be heard. Judges patiently explain to pro
because, in certain instances, virtually se litigants the vagaries of the system and
everyone in the camp got to vote on the how to present their cases.
guilt or innocence of the suspect (and Seeking to create a broader im-
maybe even multiple times). As one pact, the Montana Justice Foundation
observer at the time put it: provides grants and other assistance to
Another powerful incentive to programs that promote equal justice in
wrong-doing is the absolute our society. With the generous dona-
nullity of the civil law in such tions of Montana lawyers like you, the
cases. No matter what may be the Montana Justice Foundation awarded
proof, if the criminal is well liked $649,100 this year to 20 outstanding
in the community ‘Not Guilty’ is nonprofit organizations committed to
almost certain to be the verdict, helping Montanans address their legal
despite the efforts of the judge and needs, including $563,000 to Montana
prosecutor.2 Legal Services Association – MJF’s larg-
est grant cycle in nearly a decade. It also
We like to think that we are a long provides a Loan Repayment Assistance
way from those arcane days of justice, Program for law school graduates
and that our current system needs no dedicated to providing legal aid to
refinement. For those of limited means low-income individuals and families in
seeking access to justice, however, a dif- Montana. Endnotes
fering opinion could be offered. When The Bar supports and commends
one does not have the means to an at- all who work for equal justice in our 1 For more history see https://www.
montanatrooper.com/3-7-77/ or https://
torney, or the ability to understand the society. As we go about our daily lives, en.wikipedia.org/wiki/3-7-77
vagaries of the system, justice is an unre- let us keep our hearts and minds open
alized concept. “We the People” become to additional ways that we can serve this 2 Vigilantes of Montana, Thomas Dimsdale,
just empty words and are understood to 1865 quoted from https://en.wikipedia.org/
primary goal of our profession. wiki/Montana_Vigilantes
4 MONTANALAWYER WWW.MONTANABAR.ORG
EXECUTIVE DIRECTOR’S MESSAGE
Focus shift: What can we learn
from healthy, satisfied attorneys?
Pick up any bar journal in America The evidence suggests that at least
and you will surely find an article on part of the problem begins in law school.
attorney wellness and well-being. The Far from the profession simply attract-
topic is, of necessity, a timely one. ing “type A” personalities predisposed
In the years since the 2016 land- to these challenges (or so the conven-
mark study from the American Bar tional wisdom claims) the reality is that
Association and the Hazelden Betty most enter law school with a psycholog- JOHN MUDD
Ford Foundation concluded that over- ical profile similar to the general public,
whelming numbers of lawyers were yet leave with 20 to 40 percent having
suffering from depression, anxiety and psychological dysfunction. Stress among “mindfulness” conjure up unwelcome
substance abuse, the impetus to take law students is reported at 96 percent in and perhaps unwanted images of yoga
action has gained renewed traction. In some studies, compared with 70 percent sessions and suggest an absence of the
2017, the American Bar Association for medical students and 43 percent in “mental toughness” necessary to prac-
National Task Force on Lawyer Well- graduate students. tice law.
Being released its own conclusions and But the alarming statistics alone do This real debate is playing out in
recommendations stating: “to be a good not explain the challenges practicing at- jurisdictions wrestling with certification
lawyer, one has to be a healthy lawyer.” torneys face. Why are so many attorneys of continuing legal education programs
The reasons behind the stark number unhappy? How do we fix a problem that aimed at lawyer well-being and designed
in the Hazelden study – between 21-36 the ABA concluded is reaching epi- to tackle the crisis. In a profession
percent of lawyers are problem drink- demic proportions and ultimately affects predicated upon an understanding of
ers, 28 percent suffer from depression, the quality of legal services delivered to the rules and regulations, we do tend to
19 percent anxiety and 23 percent stress clients? And how can we as a profession focus our efforts by studying past prob-
– are varied, but most of lawyers can overcome some of our own biases about lems (the “case-method” in law school)
make an educated guess. The stress of these issues, a factor clearly singled out and professional regulations.
daily practice, the uncertainty inher- as problematic in the ABA studies? However, in the area of wellness
ent in litigation, the 24-hour nature of For some, attorney wellness topics and lawyer success, I’d suggest that is a
modern American life, a general lack such as resilience training, development little like trying to learn how to become
of control over one’s schedule, business of “grit,” examination of secondary trau- a winning NASCAR driver by reading
pressures, difficult opposing counsel, cli- ma issues (particularly for prosecutors speed limit statutes and auto-accident
ents in conflict with unrealistic expecta- and criminal defense attorneys,) aware- case law. Statutes and failures teach us
tions, the list goes on. The demands on ness of addiction and mental health risk what not to do, but they do little to teach
the modern lawyer run the gamut, and factors and warning signs, are a wel- us what to do.
some of these challenges always have come addition to their practice toolkit.
been inherent to the practice of law. For others, the notions of “wellness” and See FOCUS, page 21
Advertising rates and subscrip- STATE BAR OFFICERS BOARD OF TRUSTEES Christopher Gray,
tion information are available upon Ryan Hennen, Kalispell Bozeman
request or at www.montanabar.org/ President
Eric Nord, Billings Elizabeth Brennan, Alanah Griffith,
page/MTLawyer.
Missoula Big Sky
President-Elect Brian C. Smith, Missoula
Statements and expressions of Shane P. Coleman,
The official magazine of the State Juli Pierce, Billings
opinion appearing herein are those David Steele, Missoula Billings
Bar of Montana published every of the advertisers or authors and do Secretary-Treasurer Kaylan Minor, Dillon Ben T. Sather, Billings
month except January and July by not necessarily reflect the views of the Jason Holden, Eli Patten, Billings
Channing Hartelius,
the State Bar of Montana, 33 S. Last State Bar of Montana. Great Falls Great Falls ABA DELEGATES
Chance Gulch, Suite 1B, P.O. Box 577,
Montana Lawyer Staff Immediate Paul Haffeman, Great Damon L. Gannett,
Helena MT 59624. 406-442-7660; Fax
Publisher | John Mudd Past President Falls Billings (Montana
406-442-7763. Delegate)
Editor | Joe Menden Leslie Halligan, Kent Sipe, Roundup
406-447-2200; fax: 442-7763 Missoula Shane Vannatta,
Montana Lawyer Subscriptions are Kate Ellis, Helena
email: editor@montanabar.org Missoula (State Bar
a benefit of State Bar membership. Chair of the Board J. Stuart Segrest,
Delegate)
Subscriptions for nonmembers are Postmaster: Send address changes Kate Ellis, Helena Helena
Eli Patten, Billings
available for $50 per year. to Montana Lawyer, P.O. Box 577, Mike Talia, Helena
(Delegate at Large)
Helena MT 59624.
5 MONTANALAWYER WWW.MONTANABAR.ORG
YOU SHOULD KNOW
Bar launches Montana Task Force on Lawyer Well-Being
The State Bar of Montana has an-
nounced the launch of a task force to ad- Bar’s new SOLACE program to offer support in times
dress mental health and substance abuse of need to members of the Montana legal community
problems among those working in the
legal profession. The State Bar of Montana has helping, please email solace@
The Montana Task Force on Lawyer started a new program to allow montanabar.org.
Well-Being will provide guidelines to members of the legal profession The first SOLACE program
implement recommendations from a na- in Montana to support each other was developed in 2002 by the
tional report in order to improve support in times of dire need or personal Louisiana State Bar Association.
mechanisms for people in the legal pro- disaster. The ABA Journal reports that
fession. The task force hopes to deliver a SOLACE (Support of Lawyers/ there are now formal programs
report to the bar’s Board of Trustees for Legal Personnel—All Concern in about 25 states. State bars
its Sept. 19 meeting in Billings. Encouraged) is a network of legal with programs include Colorado,
The Montana task force is modeled professionals willing to provide Minnesota, Nebraska, South
on the ABA’s National Task Force on critical assistance in various Dakota and Wyoming.
Lawyer Well-Being, whose 2017 report forms to others who have suf- The concept is simple: Lawyers
renewed focus on the problems of sub- fered deaths or other catastrophic who know of a colleague, judge,
stance abuse and mental health disorders
illnesses, sickness or injury. The law student, or court or law office
among lawyers. The ABA task force
bar’s Board of Trustees approved employee in need may submit a
was in response to a 2016 study, which
the program at its Feb. 8 meeting. request for assistance. Requests
found that between 21 and 36 percent of
practicing lawyers are problem drinkers, The State Bar is looking for will be screened and then directed
while lawyers suffer from depression, volunteers to help launch the
anxiety and stress at rates of 28 percent, program in Montana. If you have See SOLACE, page 13
19 percent and 23 percent, respectively. questions or are interested in
“The pressures we face in the legal
profession are no secret, but it is clear stakeholders in the profession to take, as Juli Pierce, State Bar of Montana
that more must be done to address this well as specific steps for judges, regula- president-elect; Chief Disciplinary
epidemic,” said the Honorable Leslie tors of the profession, legal employers, Counsel Mike Cotter; Mike Larson,
Halligan, immediate past president of law schools, bar associations and Lawyer Lawyers Assistance Program coordinator;
the State Bar of Montana and a member Assistance Programs. Dean Paul Kirgis of the Blewett School
of the Montana task force. “Lives and Building on suggestions of a 2018 of Law; Chris Newbold, executive
careers are at risk when substance abuse working group, invited members of the vice president of ALPS and a member
and mental health problems go un- Montana task force are Montana Supreme of the ABA’s National Task Force on
checked, and clients are at risk when their Court Justice James Jeremiah Shea, task Lawyer Well-Being; Annie Goodwin,
lawyers are troubled.” force chair; retired Justice Patricia Cotter; Commission on Character and Fitness
The comprehensive ABA task force the Honorable Leslie Halligan, State Bar chair, and Hannah Cail, chair of the state
included recommendations for all of Montana immediate past president; bar’s New Lawyers’ Section.
Bar election candidates sought
The State Bar of Montana election season is under way,
AREA H
and the bar is now accepting Nominating Petitions from
AR
EA
interested candidates for positions up for election.
F
AR
AREA E
The following positions are up for election: Trustees
EA
from Area E, Area F, and Area H (maps at left show the
counties included in each Area); Secretary-Treasurer; and
F
President-Elect.
The Nominating Petition can be found on page 29, and
an electronic version is available at www.montanabar.
org. The deadline to return nominating petitions with
AREA H the required signatures is April 8.
The bar will conduct voting electronically for the first
AE time this year. Members will receive voting instructions
ARE prior to balloting in May.
6 MONTANALAWYER WWW.MONTANABAR.ORG
MEMBER NEWS
CAREER MOVES constitutional freedoms.
Milanovich has litigated constitutional issues for nearly 15
years in over 20 states nationwide, including judicial candidate
speech regulations, political committee requirements, campaign
finance restrictions, religious liberty, false
speech, compelled speech, privacy, and
due process infringement. She is admit-
ted to the Montana and Indiana state bars
and their respective federal district courts,
nearly all federal appellate circuit courts,
and the U.S. Supreme Court. She has
Shaules Ball Tunning authored or co-authored numerous law
review articles on First Amendment and
other constitutional issues.
Moulton Bellingham announces new She is a first generation American Milanovich
associate, 2 new shareholders and great-granddaughter of recipients of
The Righteous Among the Nations award
Moulton Bellingham PC is pleased to announce that for their courageous aid to Jews during World War II. She is a
Keturah Shaules has joined the firm as an associate attorney, graduate of Calvin College and Valparaiso University School of
and Afton Ball and Adam Tunning have become shareholders Law. She has lived in Montana since 2012.
in the firm. Milanovich Law can be reached at 406-589-6856, aymilanov-
Shaules practices in the areas of commercial and busi- ich@milanovichlaw.com, and www.milanovichlaw.com.
ness transactions, bankruptcy, civil litigation, estate planning
and administration, as well as real estate. She is a member of
the State Bar of Montana, and is licensed to practice in both
Montana state and federal courts.
Shaules was born in Billings and grew up on her fam-
ily’s ranch north of Roundup. She later moved to Absarokee,
where she graduated as co-valedictorian. She earned her un-
dergraduate degree in psychology at Rocky Mountain College
in 2015, and she subsequently earned her Juris Doctorate
degree at the University of Montana in May of 2018.
Ball primarily practices in civil litigation with an emphasis Roberts Duerk Burns
in employment law, discrimination claims, Title IX compli-
ance, business defense, and farm and ranch disputes. She Knight Nicastro welcomes Roberts, Duerk
also advises and assists clients with employment questions,
and Burns to firm’s Missoula office
agricultural related issues, and other real property disputes
including conflicts related to homeowners’ associations and Knight Nicastro has welcomed three new attorneys to the
covenants. She has drafted and/or reviewed employee hand- firm’s Missoula office, including a former senior general at-
books, termination and severance agreements, agriculture torney for BNSF Railway and a former assistant United States
leases, and other documents related to her practice areas. attorney. James Roberts joins the firm as a member, Adam
Tunning primarily practices in employment law, insur- Duerk joins as a senior attorney and Benjamin Burns joins as
ance defense, commercial litigation, and general transactions. an associate.
He has represented a diverse group of organizations in litiga- Roberts brings extensive experience in civil litigation, pri-
marily railroad litigation and insurance defense, and substantial
tion, including oil and gas companies, banks, governmental
jury trial experience. He joins the firm from BNSF Railway
entities, and insurers, in both contract and tort actions. He is
Company where he served as Senior General Attorney and
also experienced defending employers from discrimination General Director, Claims, where he was responsible for the
and wrongful discharge claims. He negotiates and mediates investigation, management and resolution of casualty events.
disputes on behalf of his clients and has tried cases in both Additionally, he oversaw BNSF’s casualty litigation, includ-
Montana state and federal courts. ing FELA, grade crossing and third-party claims. Roberts has
served as the National Association of Railroad Trial Counsel’s
Milanovich opens new constitutional regional vice president and as a member of NARTC’s Executive
litigation, election law firm in Butte Committee and Trial College.
He received his Juris Doctor from the University of
Anita Y. Milanovich is pleased to announce the opening of Montana School of Law and an undergraduate degree from
Milanovich Law, PLLC, in Butte. The firm is a national practice Montana State University.
of constitutional litigation and election law compliance, serv- Duerk is a practiced trial lawyer, having tried cases to ver-
ing both Montanans and others across the country protecting dict before juries in state and federal courts, for both plaintiffs
7 MONTANALAWYER WWW.MONTANABAR.ORG
Is pleased to announce the following Partners in the firm:
Partner - Brett P. Clark - Partner - Samuel J. Frederick Partner - Jeffrey M. Roth -
Brett practices in the firm’s Sam practices in the firm’s Jeff practices in the firm’s
Helena, MT office. His practice Bozeman, MT office. His Missoula, MT office. His practice
focuses on commercial litiga- practice focuses on technology focuses on commercial litigation
tion and professional liability and intellectual property. Sam as well as healthcare, employ-
defense. Brett received his J.D. received his J.D. in 2002 and ment, and construction litigation.
in 2006 and joined Crowley joined Crowley Fleck in 2016 Jeff received his J.D. in 2005 and
Fleck in 2014 after practicing in after practicing in Michigan. joined Crowley Fleck in 2017
Minnesota. after working in private practice
in Montana.
Partner - Gregory G. Schultz - Partner - Dave Whisenand -
Greg practices in the firm’s Dave practices in the firm’s
Missoula, MT office. His prac- Bozeman, MT office. His prac-
tice focuses on real property, tice focuses on defending
with an emphasis in land titles, healthcare providers against
and real property secured lend- claims of medial negligence.
ing. Greg received his J.D. in Dave received his J.D. and
1984 and joined Crowley Fleck joined Crowley Fleck in 2012.
in 2017 after practicing in
Arizona, Kansas, and Montana.
The firm also welcomes the following Associates:
Associate - Jennie L. Associate - Dylan Associate - Andrew J. Associate - Jacob M.
Boulerice - J ennie pr ac- Crouse - Dylan pr actic- Cziok - Dr ew pr actices in Dillon - J acob pr actices
tices in the firm’s es in the firm’s Billings, the firm’s Helena, MT in the firm’s Billings,
Bozeman, MT office. Her MT office. His practice office. His practice focuses MT office. His practice
practice focuses on com- focuses on creditors’ on tort litigation and immi- focuses on energy and
mercial transactions, tax, rights and bankruptcy. gration law. Drew received mineral projects transac-
trusts, and estates. Jennie Dylan received his J.D. his J.D. in 2014 and joined tions, water law, and
received her J.D. and and joined Crowley Crowley Fleck in 2018 after natural resources litiga-
joined Crowley Fleck in Fleck in 2018. working for the U.S. tion. Jacob received his
2018. Department of Homeland J.D. and joined Crowley
Security. Fleck in 2018.
Associate - Shelby Associate - Meaghan Associate - Caleb K. Associate - Tom
Ryann Dolezal - Shelby A. Geraghty - Kaywood - Caleb pr actic- Harrington - Tom
practices in the firm’s Meaghan practices in the es in the firm’s Billings, practices in the firm’s
Billings, MT office. Her firm’s Bozeman, MT MT office. His practice Missoula, MT office.
practice focuses on labor office. Her practice focuses on federal tax, His practice focuses on
and employment law. focuses on defending estate planning, and com- employment and labor,
Shelby received her J.D. medical negligence mercial transactions. Prior with an emphasis on
in 2017 and joined claims. Prior to her to his legal career, Caleb workers’ compensation.
Crowley Fleck in 2018. legal career, Meaghan served in the U.S. Army. He Tom received his J.D. in
was a registered nurse. received his J.D. and joined 2000 and joined Crowley
She received her J.D. Crowley Fleck in 2018. Fleck in 2018 after
and joined Crowley working in private prac-
Fleck in 2018. tice and a non-legal
position in the medical
device industry.
The firm also welcomes the following additional new Partner, Senior Counsel and Associates:
Partner—Lisa Six (Williston, ND)
Senior Counsel— Nick Healey (Cheyenne, WY), Dallas Lain (Cheyenne, WY), Gregory Tschider (Bismarck, ND) and Timothy Woznick (Cheyenne, WY)
Associates—Zachary Eiken (Bismarck, ND), Casey Terrell (Sheridan, WY)
www.crowleyfleck.com
8 MONTANALAWYER WWW.MONTANABAR.ORG
MEMBER NEWS
and defendants. Prior to joining Knight Nicastro, he served as
an assistant United States attorney, a special assistant United HAVE NEWS TO SHARE?
States attorney, and a special attorney to the U.S. attorney
general. During these appointments he prosecuted complex The Montana Lawyer welcomes news about
environmental and criminal fraud cases, as well as defending Montana legal professionals including new jobs,
civil actions brought against the U.S. under the Federal Tort honors, publications, and other accomplishments.
Claims Act. Please send member news and photo submis-
He received his Juris Doctor from the University of sions to editor@montanabar.org. Email or call 406-
Montana School of Law, and his Bachelor of Arts from Earlham 447-2200 with questions.
College in Indiana.
Burns’ practice focuses on civil and commercial litigation, sits on the council for the Water Law Section of the State Bar of
transportation law, torts, construction law, insurance defense Montana. You can contact her at 406-443-2211 or rmeredith@
and insurance coverage litigation. He has clients in a wide doneylaw.com.
variety of complex legal matters and has tried multiple jury
trials and bench trials to verdict. He received his Juris Doctor
from the University of Miami School of Law and his Bachelor Stacey & Funyak welcomes Alex J. Stacey
of Science from Montana State University.
The Law Firm of Stacey & Funyak in
Terrazas Henkel welcomes Delans to firm Billings is pleased to announce that Alex J.
Stacey has joined the firm as an associate
Kathryn Delans has joined the team of attorneys at Terrazas attorney.
Henkel, P.C. in Missoula. Alex Stacey grew up in Billings
Delans’ practice consists of Domestic Relations and Family and graduated as a valedictorian from
Law, Personal Injury, Criminal Defense, Billings West High School in 2011. He
Insurance, Probate, Real Estate and Real earned his Bachelor of Arts in politi-
Property, and Employment with 75 per- cal science with highest honors in 2015
cent of her practice devoted to litigation. from the University of San Diego and
Delans graduated from the University of went on to earn a Juris Doctorate degree
Montana School of Law in 2017 follow- Stacey
from the University of Notre Dame Law
ing her Bachelor of Science Degree in School in South Bend, Indiana, in May of
Criminal Justice from the University of 2018. While at Notre Dame, he participated on the Journal of
Central Florida in Orlando, Florida. Legislation, earned a Dean’s Award for excellence in Intensive
Prior to her legal career, Delans
Delans worked with the critical care unit as a
child protective investigator for Lee County
in Florida, where she investigated extreme cases of domestic
violence, drug abuse/manufacturing, homicides, and severe MEDIATION
MEDIATION – –It’sIt’sa lifelong
a lifelong study
study
child abuse. She volunteers for Soft Landing in Missoula and
MEDIATION
and – It’s a lifelong study
anda aspecialty
specialtyallallallitsits
itsown.
has given her time and expertise to the clients at the Missoula
Self-Help Law Center.
and a specialty own.
own.
Contact Delans at Terrazas Henkel, P.C., 406-541-2550. Dominic
Dominic(Dee)
(Dee)Carestia
Carestia
Meredith joins Doney Crowley in Helena Dominic (Dee) Carestia
Attorney/Mediator/Arbitrator
Attorney/Mediator/Arbitrator
Doney Crowley P.C. is pleased to announce that Rachel Attorney/Mediator/Arbitrator
Graduate, Attorney Mediator’s
Graduate, Attorney Mediator’s
Kinkie Meredith has joined the firm at its Helena office. Institute, 1996
Graduate, Attorney Mediator’s
Institute, 1996
Meredith’s practice serves clients Advanced
Institute,AMI
1996Mediation
Advanced AMI Mediation
across the state in all aspects of water Training,
Advanced 1997 AMI Mediation
Training,
Graduate AMI1997
Mediation Training, 1998
rights adjudication and permitting, real Training,
Graduate 1997
AMI Mediation Training, 1998
property, natural resource, and agricul- Over 3,000
Graduate settled
AMI mediations
Mediation since 1996
Training, 1998
Over
98.6% 3,000
success settled mediations
rate onmediations
mediated casessince 19961996
since
ture law. She was born and raised on a Over 3,000 settled since 1996
98.6%
Member, success rate
Nationalrate on mediated
Association cases since 1996
of Distinguished
cattle ranch in Paradise Valley, Montana, 98.6% success on mediated cases since 1996
Member,
Neutrals National Association of Distinguished
and has been practicing law since 2010. Member, National Association of Distinguished
Neutrals
Creating and implementing innovative mediation
She holds a Bachelor of Science in Forest Neutrals
and Range Resource Management from Creating and implementing
techniques and methods since innovative mediation
1996 .mediation
..
Creating and implementing
techniques and methodsinnovative
since 1996 ...
the University of Montana, Missoula, and
techniquesstill setting
and the
methods pace!
since 1996 . . .
Meredith and graduated from the University of and
Dominic (Dee) Carestia
still setting the pace!
and |still
P.O.setting
Box 104,
theWise River, MT 59762
pace!
Montana School of Law. Dominic
1221 (Dee) Carestia
Jerry Creek Road| P.O. Box 104,
| Phone: Wise River, MT 59762
406-832-3317
Dominic (Dee)
1221 Carestia
Jerry Creek | Road
P.O. Box
| 104, Wise
Phone: River, MT 59762
406-832-3317
In her spare time, Meredith serves on the board for the Email: fishhook@smtel.com
1221 Jerry Creek| Road
Teresa’s
| Email: 406-832-3317
Phone: tcare37@gmail.com
Montana Outfitters and Guides Association Education Email: fishhook@smtel.com | Teresa’s Email: tcare37@gmail.com
Email: fishhook@smtel.com | Teresa’s Email: tcare37@gmail.com
Institute, volunteers with Big Hearts under the Big Sky, and
9 MONTANALAWYER WWW.MONTANABAR.ORG
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10 MONTANALAWYER WWW.MONTANABAR.ORGMEMBER NEWS
Trial Advocacy and made the Dean’s List worked as a teacher’s assistant for the consumers in Montana and throughout
for his spring 2018 semester. Legal Research and Writing Program. the United States. He ran for Congress
Prior to joining Stacey & Funyak, Upon graduating law school in 2016, in 2018.
he interned prior to the start of law he returned to the Missoula Valley where Cook is a 2009 graduate of the
school with Justice Michael Wheat of he worked as an associate attorney at University of Montana and clerked for
the Montana Supreme Court as well as Datsopoulos, MacDonald & Lind and at the Honorable Sam Haddon following
with the Honorable Susan P. Watters Cotner Law. In January of 2019, Lance graduation. He was previously a partner
of the United States District Court, joined E.J. Guza & Associates where his at Ragain & Cook PC. Cook helps people
Billings Division after his first year of law practice focuses on general civil litigation, who have been physically, emotion-
school. He is admitted to practice law in business law, commercial and business ally and financially injured stand up to
all Montana state courts and before the transactions, entity formation, construc- wrongdoers, insurance companies and
U.S. District Courts for the District of tion law, and family law. As the son of a corporations to level the playing field.
Montana after successfully passing the small business owner, he enjoys serv- He has recovered millions of dollars for
July 2018 Montana Bar exam. ing and protecting the interests of local Montanans against corporations and
Stacey will be involved in the firm’s businesses. insurance companies.
general civil litigation practice including Carl is admitted to practice in Randy Bishop and Gene Jarussi are Of
plaintiff’s and defense litigation. He can Montana District Courts, the Montana Counsel to the firm and lend their collec-
be contacted at astacey@staceyfunyak. Supreme Court and the U.S. District tive experience in trial practice.
com or 406-259-4545. Court, District of Montana. They can be reached at HEENAN &
When he is not serving his clients, you COOK, 1631 Zimmerman Trail, Billings,
Carl joins Guza & Associates can find him spending time with family MT 59102; 406-839-9091; www.law
as associate attorney on Flathead Lake, skiing powder at Big montana.com.
Sky, or enjoying a beer with friends in
E.J. Guza & Associates has announced downtown Bozeman.
that Lance Carl has joined the firm as an HONORS
associate attorney.
Carl grew up in Missoula. He first ABOTA gives national
attended the University of Washington
recognition to Bishop
where he participated in the decathlon for
the UW track and L. Randall Bishop is a co-recipient of
field team. During the ABOTA Foundation’s Professional
his junior year,
Education Award. This national rec-
he transferred to
ognition is given to an individual who
The University of
Montana where he has demonstrated
Heenan Cook
played two seasons commitment to
with the Montana Heenan and Cook open the Professional
Grizzlies football new firm in Billings Education
team and gradu- programs of
Carl ated with degrees in John Heenan and Joe Cook are proud the ABOTA
economics and po- to announce the formation of HEENAN Foundation by
litical science. Also as an undergraduate, & COOK PLLC. making a major
Carl interned with the Missoula law firm Heenan is a 2003 graduate of the contribution to a
Datsopoulos, MacDonald & Lind where University of Montana and clerked for Bishop special program
his passion for law began, ultimately the Honorable Richard Cebull following through planning,
leading him to attend the University of graduation. He was previously a partner participation or special effort. The
Oregon School of Law. at Bishop, Heenan & Davies. Heenan
2018 award was in recognition of work
During law school, Carl was a mem- practices consumer law and has served
ber of the Moot Court Board and was as lead counsel or co-lead counsel on undertaken by Bishop and Randy J. Cox
the senior staff editor for the Journal of several successful consumer class actions, in connection with ABOTA’s Masters in
Environmental Law & Litigation. He also recovering over $50 million on behalf of Trial program.
11 MONTANALAWYER WWW.MONTANABAR.ORGCOURT NEWS
Governor appoints Shane Vannatta Supreme Court
as 4th Judicial District Court judge to hear ex-lawyer’s
Missoula attorney Shane Vannatta appeal of conviction
has been appointed to a newly created
4th Judicial District judge position.
for wife’s murder
Gov. Steve Bullock appointed Argument set for Bozeman on
Vannatta to the position on Feb. 12. May 1; court also schedules
Vannatta becomes the fifth judge
in the district, which encompasses April 5 argument in Missoula
Missoula and Mineral counties. The The Montana Supreme Court
position was one of three created by the has announced that it will hear
2017 Montana Legislature, along with oral argument in Bozeman in a
two positions in the 3rd Judicial District former Montana lawyer’s appeal
(Yellowstone County), to address high of his conviction for the 1999
caseloads. killing of his wife.
The appointment concludes a pro- Brian Laird, now 50, was
cess that saw nine people apply with the convicted in 2016 and is serv-
ing a 100-year sentence for the
Judicial Nomination Commission in
killing of Kathryn Laird. Bryan
October. After accepting public com- and Kathryn had been married
ment, the commission interviewed Shane Vannatta
for five months when Kathryn’s
applicants, and forwarded the nomina- He has been the ABA delegate for the body was found floating in the
tions of Vannatta and four others to the State Bar of Montana since December Bighorn River. The case was
governor. 2012 and continues to serve on the featured on NBC’s “Dateline”
Vannatta is a shareholder attorney Professionalism Committee. program.
with Worden Thane P.C. in Missoula, Vannatta was among nine people Brian Laird says the district
where he has worked since graduat- who applied for the position with the court was wrong to conclude
ing law school in 1993. He served as Judicial Nomination Commission. that he was not prejudiced by
State Bar of Montana president in He is a graduate of Bainville Public the 15-year gap between the
2011-2012 and has served as chair of High School and received his Bachelor death and filing of charges. He
the bar’s New Lawyers’ Section (1995- of Arts with High Honors in political claims the state took advantage
of weaknesses to the defense
1996), Professionalism Committee, science and Juris Doctorate with Honors
caused by the deaths of critical
Board of Trustees (2008-2010) and Past from the University of Montana School
witnesses and lost evidence.
Presidents Committee (2013-2014). of Law. Laird also claims the state did
not present sufficient evidence
to convict and that the state was
21st Judicial District judge applicants sought wrong to admit statements by
the deceased pathologist and to
The Judicial Nomination Commission comment period on the applicants from
allow what the defense called a
is accepting applications for a 21st Wednesday, March 13, through Monday,
misleading autopsy photo to be
Judicial District judge opening. The 21st April 15. presented to the jury.
Judicial District covers Ravalli County. The commission will forward the The argument is scheduled
The Hon. Jeffrey H. Langton an- names of three to five nominees to Gov. for Wednesday, May 1, in con-
nounced in November that he is retiring Steve Bullock for appointment after re- junction with the 18th Judicial
on April 30 after 25 years on the bench. viewing the applications, receiving public District’s Law Day activities.
Langton, 65, is currently the longest serv- comment, and interviewing the appli- It will be held in the Strand
ing district judge in Montana. cants if necessary. The position is subject Union Building, Ballroom A, on
The deadline for submitting ap- to election in 2020, and the successful the Montana State University
plications is 5 p.m. on Monday, March candidate will serve for the remainder of campus. There will be an intro-
11. The commission will announce the Judge Langton’s term, which expires in duction at 9:30 a.m., with the
names of the applicants thereafter. The January 2023. The annual salary for the argument starting at 10 a.m.
The court will also hear an
commission will accept applications from position is $132,567.
argument in Missoula on Friday,
any lawyer in good standing who has the The application form is available
April 5, in conjunction with the
qualifications set forth by law for holding at courts.mt.gov/courts/supreme/boards/
the position of district court judge. jud_nom. Applications must be submit- See ARGUMENT, page 13
There will be a public ted electronically and in hard copy.
12 MONTANALAWYER WWW.MONTANABAR.ORGCOURT NEWS
11th Judicial District implements e-filing effective March 15
All lawyers have until May limited to, DC, ON, DJ, DR, DV and DI All lawyers admitted to practice in
cases. The Montana Supreme Court has Montana, or those appearing, pro hac
1 to become registered adopted rules governing access to and vice, have until May 1, to become regis-
users of e-filing system use of the electronic filing system. See In tered users of the electronic filing system
Re Temporary Electronic Filing Rules, and begin using the electronic filing
The 11th Judicial District Court will AF 14-0745, filed Oct. 3, 2017. system. Upon application to the District
be implementing an electronic filing sys- Consistent with Temporary Court Administrator, waivers for use of
tem effective March 15 for all case types Electronic Filing Rule 2(b), use of the the system may be granted for compel-
capable of being electronically filed. The electronic filing system for all lawyers ling and extenuating circumstances.
district covers Flathead County. admitted to practice in Montana, or Instructions on becoming a regis-
The court issued an order on Feb. 8 those appearing pro hac vice, is manda- tered user and accessing the electronic
implementing e-filing. Cases that are tory in all DC, DN, DJ, DR, DV and DI filing system are available at https:/ /
generally capable of being electronically cases, subject to Temporary Electronic courts.mt.gov/courts/efile.
filed include, but are not necessarily Filing Rule 6(a).
ARGUMENT from page 12 SOLACE from page 6 the mortgage company
and avoided the pending
Blewett School of Law’s Law Day foreclosure.
activities. through a volunteer email net-
work, and members may help with ■■ A young paralegal single
The Missoula argument, in
Kalispell v. Salsgiver, will be at the contributions of clothing, housing, mother diagnosed with
University of Montana’s Dennison transportation, medical commu- terminal cancer wanted to
Theater, with an introduction at 9 nity contacts, and myriad of other take her two small children
a.m. and the argument at 9:30 a.m. possible solutions depending on to Disney World before she
Thomas Salsgiver appeals his the situation. died. Several attorneys made
conviction for partner or fam- Stories of those in other states it happen by donating fre-
ily member assault, claiming that who have been helped are numer- quent flyer miles, use of a
the municipal court’s and district ous and inspiring. Here are a few: condo, and gift cards.
court’s orders waiving his right to ■■ A Georgia lawyer who was ■■ A lawyer needed a liver trans-
a jury trial violate Sixth and 14th dealing with a serious illness plant but couldn’t survive the
Amendment protections. Salsgiver and recovering from brain long drive to the hospital.
also argues that certain provisions surgery faced foreclosure Another lawyer with a pilot’s
in the sentencing agreement to pay
on her home. Several bar license provided free air
fines are unsupported by statutory
members negotiated with transportation.
authority.
Be there in
Billings
2019 annual meeting
september 11-14, 2019
13 MONTANALAWYER WWW.MONTANABAR.ORGTHE WELL-BEING ISSUE
12 Step Plan
to a Healthier, Happier Law Firm
By Amy L. Greywitt
It is no secret that lawyers are working to change the employee satisfaction and
have a reputation for unhealthy culture of the legal practice into retention, as well as reduced
lifestyles. This includes being one that is healthier and hap- health 1insurance costs. There
sedentary, staring at a screen pier. There are myriad benefits almost certainly is room for
all day, exhibiting high stress to focusing on promoting health improvement in the health, well-
levels, over-caffeinating, eating and wellness in a law firm en- ness, and mindfulness at your
unhealthy foods, and, in some vironment. Studies show that law firm or workplace.
cases, even abusing alcohol or a workplace wellness program Here is a list of 12 ideas that
drugs to unwind. leads to fewer absences, in- you—yes, you—can initiate in
Forward-thinking law firms creased productivity, improved your workplace.
14 MONTANALAWYER WWW.MONTANABAR.ORG1. For m a 3. S ac k th e S o d a 5. W al k & Wor k
Bring in beneficial Share a treadmill desk.
beverages. If your Although law firms may not be
law firm provides on board to pay for treadmill
Committee beverages or has
vending machines,
desks for employees, it is a
much easier sell to convince a
If your law firm does not have swap out some or firm to implement one or two
a health and wellness commit- all of the soda op- shared treadmill desks in a
tee, start one. Employees need tions for sparkling visitor office or cubicle where
to have an outlet to express water and un- attorneys or staff can go to
concerns and ideas related sweetened iced tea. dock their computers and work
to improving their health and Ensure that non- while walking. For logistical
wellness, and this is where dairy options such purposes, it helps to include
everything starts. Ask your as almond or soy the treadmill desk in the firm’s
firm’s management committee milk are available room reservation system so
for a budget. Take a survey of for employees with lactose that employees can
the changes that you and your sensitivity, or for those who reserve it in ad-
employees would like to see in simply prefer to eat a plant- vance, e.g., to
your firm’s culture and ben- based diet. walk dur-
efits. You may have to start ing long
small, but over time, change is
possible. 4. Mind your confer-
ence calls
posture or tedious
document
Evaluate the ergonomic op- reviews.
tions to employees. Find out
if your firm can subsidize
standing desks, or, at the very
least, provide
2. Smart information
to employees 6. S tr i k e a Pose
Snacks to streamline
the process Start a weekly or monthly yoga
Take a look at the nutrition to obtain program. Many firms are now
available to employees dur- a standing offering yoga classes during
ing the workday. Food is what desk. The the workday. Several compa-
fuels the body and mind to do ability to nies, such as Office Yoga, spe-
its best work. Make sure qual- switch between sitting and cialize in workplace yoga class-
ity fuel is available to yourself standing throughout the day es. Book a trial class, reserve
and your colleagues. If your improves circulation and a conference room, clear the
law firm provides food, snacks, posture and thwarts back pain tables, and gauge interest. If
or beverages, take a look at the often associated with being people like it (which they most
options and see what can be sedentary and slumping over a likely will), lobby for the
made healthier. For example, keyboard. Line up a specialist firm to fund the
swap out the cookies, chips, or on an annual or more frequent program. Yoga
candy in the kitchen cabinet basis to conduct ergonomic increases
for nuts, protein bars, and, if assessments with employees strength and flex-
possible, fresh fruit or yogurt to ensure proper positioning of ibility, reduces
in the fridge. If your firm of- the keyboard and mouse, desk stress, and is an
fers donuts or pastries in the height, and chair settings to awesome way to
morning, see if the options avoid carpal tunnel syndrome, unwind after a
can be varied to include fruit, back pain, and a host of other stressful day.
oatmeal, fresh squeezed juices, problems stemming from poor
or smoothies. ergonomics.
15 MONTANALAWYER WWW.MONTANABAR.ORGTHE WELL-BEING ISSUE
7. Step it up, firm- wide 10. R u n / W al k E v e n ts
Implement a firm-wide walking challenge. One of Register a firm team
the best ways to get people moving and active is for a walking or run-
to create a friendly competition. There are several ning event for a good
vendors that provide platforms for employees cause. Pick some-
within an organization to track steps, form thing accessible with
teams, and compete with one anoth- various options for
er to log the most steps. Most of distance and inten-
these platforms now auto- sity so that your
matically sync with all kinds colleagues newer
of step-tracking devices to fitness feel wel-
and watches, including come to participate.
apps that employees can The added benefit of
download for free on a choosing an event for
smartphone, so the cost to the firm need not nec- a cause that you or
essarily include purchasing pedometers. Run the one of your colleagues
program for six to eight weeks and give out incen- is passionate about
tives for those logging the highest number of steps will help incentivize
or demonstrating the most improvement. participation.
8. Make it a g ro up effo r t 11. B u d g e t f o r h e al t h
Enjoy exercise with col-
Ask for an employee budget
leagues. Rather than
for fitness activities or
hitting happy hour to
negotiate subsidized
consume alcohol and
membership op-
unhealthy food, gather
tions with local
your colleagues for a run,
gyms for mem-
or join a class at a group
bers of your
fitness studio.
organization.
Even if it is a
small amount of
savings, humans
9. Find yo ur z en are hardwired to
take and use money
given to them for a
Focus on mindfulness with a meditation program. particular purpose,
Starting a monthly meditation program is a great rather than lose it.
first step to improving mindfulness in the The idea of getting
workplace. Bring folks in your firm to- a small monthly or
gether once a month for a short medi- annual subsidy for fitness
tation session. Taking time to quiet expenses—use it or lose it—
the mind and focus on one’s breath- may be just enough to persuade
ing over time helps attorneys and folks to get active. This approach may
staff to respond to stressful work- be preferable to a subsidized gym mem-
place situations with equanimity. bership simply because different types of
You can simply gather and follow fitness activities (e.g., yoga, rock climb-
guided meditation videos available ing) resonate with everyone.
for free online, or you can check out
Unplug Meditation or YogaGlo for a very affordable
monthly subscription to guided meditation videos. More FIRM Page 22
16 MONTANALAWYER WWW.MONTANABAR.ORGTHE WELL-BEING ISSUE
WHY
SHOULD
YOU
WORK
OUT?
Exercise can be especially helpful for lawyers
by preventing burnout and improving cognition
By Brent Kupfer In a recent study, the American Bar as “GABA”) and serotonin. The former
Association and Hazelden recently ex- relaxes you, and the latter makes you
We intuitively know that we should amined these problems (stress, depres- happy. Together, they combat stress,
exercise, yet few of us can articulate sion, anxiety, and overconsumption anxiety, and depression. And the effect
the reasons why. Certainly, there are of alcohol). The results were, to put it of exercise on depression is especially
many benefits, but this article focuses mildly, not good: 28 percent of the test profound. According to Mark Hyman,
on two that are particularly relevant to subjects experienced symptoms of de- M.D., “exercise beats or equals Prozac or
the legal profession: (1) Exercise staves pression; 23 percent experienced stress; psychotherapy as an antidepressant in
off burnout; and (2) exercise improves and 19 percent experienced anxiety. As head-to-head studies.”
cognitive functions. Bonus: for those for alcohol consumption, 20.6 percent This does not mean that exercise is
who are struggling to get moving, see of the test subjects “screen[ed] positive the sole cure to the above ailments. Each
the motivational tips included at the end for hazardous, harmful, and potentially case is unique, and you should exhaust
of this article. alcohol-dependent drinking.” The latter all healthy alternatives that you and your
finding is especially troublesome be- doctor see fit. But it is a great start and
Burnout cause, as this study concludes, “[m]ental can have a tremendous impact on your
It’s no surprise that lawyers suf- health concerns often co-occur with al- longevity in this field.
fer from chronic pressure. The stakes cohol use disorders …, and [this] study
are high, the deadlines are imminent, reveal[ed] significantly higher levels of Cognitive Functions
and the work is never-ending. These depression, anxiety, and stress among The practice of law is a battle of wits.
extrinsic factors can manifest as stress, those screening positive for problematic To compete, you need to maximize your
depression, and anxiety; they can culmi- alcohol use.” brain’s potential. Exercise will help you
nate in burnout — this is true even for But there is hope. Exercise is a do this.
the most hardened among us. Making formidable counter to the stresses of In addition to the neurochemicals
matters worse, some only exacerbate the law. When you exercise, your body listed above, exercise releases dopamine
problem with ever larger doses of alco- produces potent neurochemicals that and acetylcholine. Dopamine, a pleasure
hol. The good news is there’s a healthy regulate your mood and make you feel chemical, increases focus and attention.
alternative: Exercise, a proven relaxant good. Two examples include gamma-
that helps to regulate your mood. aminobutyric acid (colloquially known More WORKOUT Page 22
17 MONTANALAWYER WWW.MONTANABAR.ORGTHE WELL-BEING ISSUE
Train Your
Brain:
Resilience
Tools for
Lawyers
Lawyers can benefit from training used by American soldiers
By Fairuz Abdullah and Annabrooke morning, or getting anxious when your triggered by a situation, and allow you
Temple boss is short with you. to respond thoughtfully, with control.
D
There is hope! You can make new Real-Time Resilience (RTR) trainings
o you remember the movie pathways in your brain, resulting in dif- have been adopted and employed by the
Groundhog Day? Bill Murray’s ferent, more positive and productive re- U.S. Army as part of its Comprehensive
character wakes up each morn- sponses. To do so, you have to be aware Soldier Fitness program since 2009.
ing to his alarm clock playing “I of your emotions and your triggers first. What works for soldiers and their
Got You Babe” and he realizes, Is self-awareness not your strong families, works for lawyers and law stu-
with dread, that he is about to re-live suit? Try noting your emotions in your dents too. The three RTR interventions
Feb. 2, again. Have you ever had that calendar (emojis are fine) Irritated we use most with the law students and
feeling—when you know what’s about during a meeting? Elated after a pre- attorneys we counsel, with our private
to happen: you know you shouldn’t sentation? Write it all down. This will coaching clients, and with our families,
respond with anger, or sarcasm, or by help you identify tricky situations. Then are the ABCs, Thinking Traps, and
withdrawing from the situation (insert you’ll be ready to employ some tools Detecting Icebergs. A fourth technique,
your go-to response to stress here), but to break the Groundhog Day cycle and not part of RTR but also effective, is the
you feel powerless to stop yourself? start creating some new, and healthier, mantra.
You’re only human. It happens to patterns.
all of us. Your typical response is your Drs. Karen Reivich and Martin Know Your ABCs
brain’s well-worn path of least resis- Seligman, leaders in positive psychology A stands for Action. B stands for
tance. Unless you have the insight and at the University of Pennsylvania, have your Belief about the action. C stands for
tools with which to change your default designed day-saving interventions called the Consequence—and here’s the key: C
response, you will likely keep doing the Real-Time Resilience. These interven- results from your beliefs about the ac-
same thing, whether it’s losing patience tions are actions that you can take every tion, not the action itself.
with your child for being slow in the time you notice yourself about to be Let’s say your colleague fails to
18 MONTANALAWYER WWW.MONTANABAR.ORGYou can also read
