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OPTIMISTIC LAWYERS..........MEET JUMBO SHRIMP
Some twenty-five years ago, University
of Pennsylvania psychologist Martin Seligman was wondering why certain
people were stupendously successful life insurance salesman and
others washed out of the field within weeks. He and his colleagues
had devised a test that revealed a person’s “explanatory style”
for the positive and adverse events in their lives - did they tend
to be optimistic or pessimistic. He found a startling correlation
between the optimistic style and success.
Admissions officers at America’s universities have
devised formulae which can predict with some accuracy an undergraduate’s
predicted GPA, derived from high school academic achievement, SAT
scores and other markers. Yet, some students perform well above
their predicted level. Seligman found that these people strongly
favored an optimistic explanatory style to life’s events.
Prior to the 1988 Olympic games, Seligman performed
an interesting experiment with world class swimmers, including Matt
Biondi, a multiple gold medal winner in the Seoul Games. He had
these athletes swim their event all out, but their coach would report
a false, and much slower, time to them. Their high level of performance
and expectations, resulted in these times being significant disappointments
for the swimmers. Shortly thereafter, they were asked to swim the
same event again. Those with pessimistic styles swam poorly, their
times slower still. The optimists, however, including Biondi, swam
a faster time than their earlier split.
Resilience and the ability to persevere through
adversity are among the hallmarks of this optimistic explanatory
style. Seligman, in part, describes the absence of pessimism as
demonstrating optimism. When faced with an adverse event, the Pessimist
is apt to draw three conclusions from the experience: Personalization
(this is a personal failure, reflecting something negative about
me); Pervasiveness (the failure will affect everything I do) and
Permanence (this situation will never change).
By contrast, the Pessimist will see positive events
as External (luck or someone else’s doing); Situational (it happened
this time for particular reason) and Temporary (success was based
on circumstances which will pass).
For example, let’s say we go to a networking event
and we fail to make any new connections, leaving the event feeling
deflated for an evening wasted. A Pessimist may automatically slip
into such thoughts as: “I’m not very interesting.” (Personalization)
“I am not going to be able to market myself. I can’t build a practice.”
(Pervasive) “I will never make partner.” or “I’ll always struggle
in my practice.” (Permanent)
Permitted to continue unchecked and unexamined,
these habits of thinking render it’s subjects at higher risk of
depression.
The optimistic style, by contrast, tends to see
the adverse events as external, situational and transitory. “This
wasn’t my favorite kind of crowd. I worked hard today - was tired
and off my game tonight. I can recall when I’ve circulated well
in the past. I actually hate the Annual State Bar Highland Games
Costume Dinner. I feel stupid in kilts.” ...........you get the
idea.
Seligman has been studying, and writing provocatively,
about “Learned Optimism” for over 25 years. Almost invariably, whenever
Seligman investigates achievement which far outstretches conventional
measures of aptitude or skill, it is the heavy reliance upon the
optimistic explanatory style which characterizes the high achiever.
So, in 1987, he wondered how his theories would
hold up in the law school environment. He went to University of
Virginia Law School and administered an instrument which tended
to reflect the individual’s explanatory style (the ASQ, or Attributional
Style Questionnaire) to 97% of the incoming first year class. Three
years later, he, Jason Satterfield and John Monahan reviewed the
career law school achievement of these people. Expecting to find
that the optimists garnered the top grades and were sitting on the
Law Review Editorial Board, they were nonplussed to find that it
was the Pessimists who were atop the heap.
In fact, of all the groups which Seligman and his
colleagues have studied in the past twenty-plus years, only the
law students were high achievers who also failed to score high marks
in optimism.
As noted by Seligman in the recently published
study of positive psychology, Authentic Happiness,
“Pessimism is seen as a plus among lawyers, because
seeing troubles as pervasive and permanent is a component of what
the law profession deems prudence. A prudent perspective enables
a good lawyer to see every conceivable snare and catastrophe that
might occur in any transaction. The ability to anticipate the whole
range of problems and betrayals that non-lawyers are blind to is
highly adaptive for the practicing lawyer...and if you don’t have
this prudence to begin with, law school will seek to teach it to
you. Unfortunately, though, a trait that makes you good at your
profession does not always make you a happy human being.”
Seligman provides a number of exercises in his
earlier work Learned Optimism, “to help lawyers who see the worst
in every setting to be more discriminating in the other corners
of their lives.”
While this professional habit of “prudent thought”
may be more prevalent in transactional than in litigation attorneys,
there is arguably an ingrained professional skepticism which permeates
our lives. This skepticism tends to view an optimistic habit of
thought as entirely too “pie in the sky,” rendering us vulnerable
to the hazards of the real world. Yet, Seligman counsels a “flexible”
optimism, which is neither sappy nor unrealistic. It is a process
which challenges our pervasive and eroding negative beliefs by teaching
a method of conscious and thoughtful disputation of these beliefs.
Take a moment, the next time you trip or fail at a task (great or
small) and monitor your internal monologue. What are your immediate
thoughts? What do you say to yourself about yourself in those first
moments? If these thoughts tend toward the pessimistic, what do
you do with them? Do you ruminate on them for a time - or do you
shelve them, banishing them from your consciousness? In either case,
you allow habitual pessimistic thinking (which, remember, is qualitatively
different from simple “glass is half empty” thinking) to go unchallenged.
There is a growing body of research which suggests
that optimistic thinkers resist disease, live longer and are more
successful in meeting life’s challenges. It is now clear, for example,
that the optimistic attributional style is strongly associated with
exceptional athletic achievement (golfers take heed). It is also
a habit of thought which, for most, does not come naturally but
can be achieved through conscious attention. The two works by Seligman
are excellent entrees into this field of thought. (You can actually
test your own attributional style on his website, authentichappiness.com.)
If Seligman is right, and lawyers do have a propensity to pessimism
and we work to reverse this habit, the optimistic lawyer will not
be the oxymoron suggested at the head of this column, but, rather
a common experience in this wonderful profession of bright and gifted
people.
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