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Way of the Warrior Lawyer:
Achieving Mental Focus in the Era of Strategic Competition[1]
At any moment, I can recall in precise detail the first airstrike I advised on at the Combined Air and Space Operations Center. The people, the place, the emotion. The near-illegible notes I scribbled in blue ink on a piece of scrap paper. The muffled voice of a pilot calling out observations. The smell of burnt popcorn from a nearby microwave. Even now—almost eight years later—I feel the anxiety of that moment tingling on the back of my neck.
Nine months and more than 270 airstrikes later, I left the deployment with a renewed understanding of the role of judge advocates. And yet, I am embarrassed to say, I do not remember much detail beyond that first airstrike. I certainly remember the people and key events. But if you ask me to describe any moment with specificity, I will struggle to put details together.
Important work became mired in the day-to-day commotion of life as a judge advocate. This article explores how judge advocates can embrace the warrior ethos by managing their minds to ensure successful, focused execution of our mission while simultaneously maintaining our mental wellbeing.[2]
Introduction – Life of the Warrior Lawyer
Set a five-minute timer as you sit at your desk mid-workday. Begin to count. Count the chimes as emails arrive to your inbox and the dings that alert you to new instant messages. Listen for the buzzes of your cell phone(s) as text messages come in. You might hear your desk phone’s ring or the now-familiar jingle from an unexpected Microsoft Teams call. Just five minutes of counting and it becomes readily apparent: the workplace of a judge advocate[3] is full of distractions that pull the mind away from important priorities or prevent us from being mentally and emotionally present.
This ecosystem of distractions is no surprise. Judge advocates (and our civilian attorney and paralegal teammates) are at the ready to provide full spectrum legal support—from advising a commander on the appropriate level of punishment for a military justice action, to shaping rules of engagement for a disaster recovery operation; from ensuring the rights of a client are upheld during a court-martial proceeding, to negotiating settlement of a claim for wrongful labor practice.[4] The sound and timely advice of judge advocates is in demand from the junior most Airmen & Guardians to our senior most leaders at all levels of decision making—tactical, operational, and strategic.
Distractions
Distractions of the physical world pale in comparison to distractions of the mind. Sit in silence for five minutes and count the number of times your mind wanders. Thoughts and emotions arise, pulling your attention to memories, worries, or the next task of the day. Unlike distractions of the physical world, the mind cannot be muted or switched to do-not-disturb mode. Managing these internal and external distractions often leads to feelings of anxiety and stress, which makes it difficult to maintain the focus needed to execute our mission.[5] Distractions of the mind inhibit the warrior ethos.
Given these realities, how can judge advocates manage their minds to ensure successful execution of our mission while simultaneously maintaining our mental wellbeing?
Mindfulness Practice – The Warrior Lawyer Trips but Does Not Fall
By intentionally cultivating greater mental awareness, judge advocates can enhance our ability to execute our major legal functions.[6]
Mindfulness, at its core, is having awareness of the present moment to view external and internal distractions in an observational and nonjudgmental way.[7] By being present in the moment (rather than consumed by distraction), we can cultivate greater attentiveness and intentionality in our actions. In contrast, when we succumb to distractions, we may be prone to make mistakes, miss important details, or react impulsively to stress. In and of itself, mindfulness is not about eliminating distractions but, instead, training the mind to recognize distraction and creating an opportunity to navigate back to the present.[8]
Mindfulness is not about eliminating distractions but, instead, training the mind to recognize distraction.
I am hard on myself. I make a mistake and my mind spirals incessantly, replaying the mistake over and over, and oscillating among feelings of guilt, shame, and regret. I become preoccupied with what others might think about me. My mindfulness practice helps me pause the mental spiral to look at my thoughts and feelings more objectively. Easier said than done, but the more I practice mindfulness, the more effective I am at pulling away from the distractions my mind creates. Just as a child learns to trip but not fall, mindfulness practice allows us to catch ourselves before a disruption (external or internal) has become all consuming.
While it can take many forms, one of the most well-known and effective forms of mindfulness practice is meditation.
Mindfulness Meditation – Breath as an Anchor for the Warrior Lawyer
Mindfulness meditation is the exercise of using an anchor as a reference point to move the mind away from distraction and bring it to the present moment.[9] The anchor can take many forms, such as the physical sensation of the breath or a mantra repeated in the mind. The anchor can be used in a simple moment of mindfulness, such as taking a deep breath before presenting at an important commander’s update meeting, or part of an extended meditation session where the anchor is used repeatedly to recognize when the mind has been distracted. Meditation sessions are where the real work of mindfulness happens—where we do the repetitions that strengthen the metaphorical muscles of the mind.[10]
I sat for my first guided meditation session during my initial semester as an LL.M. student. I had joined a group of students to examine the role of mindfulness practice in the development of lawyers, under the supportive guidance of Professor Elizabeth Emens and Caroline Voldstad Daniell. During the first few minutes of our initial meeting, I realized I had little understanding of mindfulness, and I felt awkward and confused when told to close my eyes and focus on my breath. In time, I experienced the growth and challenge that using the breath as an anchor can bring. Seven years later it is difficult to imagine my professional and personal lives without mindfulness practice.
Breath-based meditation is a basic practice that focuses on the sensation of the breath as it enters and exits the body.[11] This form of meditation is usually done while sitting in a chair or on a cushion with the back straight and the eyes closed or in a soft gaze.[12] Throughout the session, the mind will inevitably (and wildly) wander. The intention of the practice is to recognize when the mind has wandered and gently bring focus back to the breath.[13] Regularly exercising this mental muscle produces physiological changes to the mind, enabling greater awareness outside the seated practice to recognize when the mind wanders[14] (e.g., when meeting with an unscheduled legal assistance client the day before a litigated court-martial).
Meditation sessions can be conducted using a guide to narrate the process. Most mornings I complete a 10-minute guided meditation from an application (app)[15] on my phone right before I put on my boots. It is a simple and accessible way to practice mindfulness, it helps set a tone for my day ahead, and it builds my mental resilience.
Resilience of the Warrior Lawyer – Understanding Our Layered Identity
Judge advocates have a layered identity: that of a military officer and that of a lawyer. Both professional realms independently suffer from high rates of depression, anxiety, and substance abuse.[16] In a survey of American lawyers, the American Bar Association Commission on Lawyer Assistance Programs found that 20.6 percent of respondents had problematic drinking behavior (ranging from hazardous drinking to possible alcohol abuse or dependence) and 11.5 percent of respondents reported suicidal thoughts at some point in their career.[17] A similar study of the U.S. armed forces found that 33.2 percent of military member respondents had problematic drinking behavior.[18] In a separate study, researchers found that 13.9 percent of military respondents had made a suicidal ideation within their lifetime.[19] The Department of Defense’s Preventing Suicide in the U.S. Military report details a multitude of factors (e.g., lack of downtime; frequent moves; structure of the promotion system) that are significant stressors in military life.[20]
Despite this evidence, I often assume judge advocates (including myself) are somehow unaffected by these attributes of our layered identity. As legal advisors, our attention is directed to supporting communities outside our own (e.g., commanders, defendants, victims, legal assistance clients). We think of others first and take for granted the attention and support needed within ourselves and our judge advocate community. We are caregivers—caregivers in the law—and, like other caregivers, can easily fail to recognize our own burnout.[21]
Routine behaviors may seem innocuous at first but can accumulate over time and contribute to reduced motivation, increased stress, and diminished job satisfaction.
While substance abuse and suicide represent challenges on the extreme end of mental wellbeing, there are everyday mental patterns that, if left unattended, might hinder judge advocates from performing optimally. These routine behaviors may seem innocuous at first but can accumulate over time and contribute to reduced motivation, increased stress, and diminished job satisfaction. By recognizing and addressing these seemingly minor factors, judge advocates can promote mental resilience and enhance our ability to fulfill our critical responsibilities.
There have been times where I feel like I am on autopilot at work due to the cumulative effect of my reaction to the day-to-day challenges of being a judge advocate. I feel frustrated because I cannot help a legal assistance client find immediate relief to their concern. I feel intimidated by an ethics issue that requires searching for a needle in the haystack of the Joint Ethics Regulation. I feel pressure from a commander who is not satisfied by my legal advice. I feel weariness from the repeated task of resubmitting my travel voucher. Sometimes all I can do is disconnect from these feelings and move mindlessly from one fire to the next.
Mindfulness practice, including meditation, is the antidote to workplace autopilot.[22] Instead of numbing myself to the frustration, intimidation, pressure, and weariness of my day, I work to move my mind to the present moment and consider these feelings with an observational and nonjudgmental attitude. Building this mental resilience not only allows me to recognize, understand, and manage my own emotions but helps me navigate the emotions of others as well.
Emotional Intelligence – The Sword and Shield of the Warrior Lawyer
The Air Force values emotional intelligence in its leaders. Emotional intelligence recently became one of ten leadership qualities by which all Airmen and Guardians are assessed.[23] Raters evaluate emotional intelligence based on how well an individual “exercises self-awareness, manages their own emotions; demonstrates an understanding of others’ emotions, and appropriately manages relationships.”[24] The Air Force needs judge advocates who are not only technically skilled as lawyers but also have the ability to effectively communicate, empathize, and connect with their clients, coworkers, and commanders.[25]
I have attended several Air Force leadership seminars that clearly explain the qualities of a leader with emotional intelligence. However, I have yet to hear a thorough and satisfactory explanation that effectively illustrates how to develop emotional intelligence as a leader. I want to make the case that mindfulness is the missing piece of the puzzle—a transformative practice that can enhance emotional intelligence and empower leaders to navigate the complexities of their roles with greater self-awareness and resilience.
Emotional intelligence hinges on a leader’s ability to have awareness, and being present in the moment is essential to cultivating that awareness. Mindfulness practice fosters self-reflection and introspection, allowing leaders to better understand the impact of their emotional state on decision-making, communication, and relationships.
The simple act of taking a deep breath during the heat of a stressful event in the workplace has the effect of allowing a leader to pause, gain clarity, and provide a measured response. Engaging in regular sessions of breath-based meditation can enable more consistent emotional regulation.[26] For example, the more regularly I practice mindfulness meditation, the easier it is for me to receive feedback without feeling overwhelmed or defensive.[27]
Mindfulness practice also enhances a leader’s ability to recognize and understand the emotions of others, which is key for judge advocates. By being fully present and attuned in our interactions, we can listen deeply, understand better, and respond with greater clarity. From clients, to coworkers, to commanders—this empathetic connection fosters trust, strengthens relationships (thereby improving office morale), and promotes collaboration and teamwork.
Winning the Battles of the Warrior Lawyer’s Mind
Mindfulness meditation can empower judge advocates to win battles of the mind by fostering beginner's mind and recognizing moral injury.
Fostering Beginner’s Mind
Mindfulness meditation helps develop curiosity and openness, allowing judge advocates to see old issues from new perspectives. This state of “beginners mind” allows us to approach situations with increased creativity and flexibility,[28] enhancing our ability to find innovative solutions to problems presented by clients and commanders. For the seasoned prosecutor game-planning a closing argument, the legal assistance attorney drafting their seventh will of the week, or the field support contracts advisor reviewing yet another termination for default, beginners mind allows judge advocates to approach familiar legal issues with a fresh set of eyes.
Recognizing Moral Injury
Whether working to defend a client accused of sexually abusing a child or advising on an airstrike likely to result in civilian deaths,[29] judge advocates are exposed to issues that may cut against our own deeply held moral beliefs.[30] Our own teammates have emphasized the importance of recognizing that judge advocates may be susceptible to vicarious trauma.[31] Additionally, some of us may experience compassion fatigue. By using mindfulness meditation to cultivate an attuned understanding of our own wellbeing, judge advocates can better identify internal struggles that may contribute to moral injury.
Conclusion
Looking back on my experience, I hope those months of relentless work at the Combined Air and Space Operations Center were accomplished with the focus that advising at the tip of the spear requires. The dings and buzzes of our workplace cannot be ignored, nor will the distractions of our minds magically disappear. Yet, our national security mission demands that judge advocates be mentally and emotionally present to effectively “bring the strategic to the tactical and back.”[32] Mindfulness practice will ensure our important work is done with attentiveness and care.
I expect some readers will approach this article with skepticism, perhaps even rolling their eyes at the title. Seven years ago, I would have done the same. However, mindfulness meditation has transformed my practice as a judge advocate. Through mindfulness meditation, I have better equipped myself to understand more clearly, advise more confidently, and engage with emotional intelligence. This is the warrior ethos.
As leaders, lawyers, and warriors, we need to utilize every tool available to optimize our performance. Consider adding mindfulness meditation to your arsenal.
About the Author
Lieutenant Colonel Micah E. Elggren
(B.A., University of Utah, Salt Lake City, Utah; M.P.P., The George Washington University, Washington, D.C.; J.D., The George Washington University, Washington, D.C.; LL.M., Columbia Law School, New York City, New York) is the Staff Judge Advocate for Minot Air Force Base, North Dakota.
Edited by: Major Alexxa Pritchett and Major Laura Wheat
Layout by: Thomasa Huffstutler
Endnotes
[1] Dan Millman’s
Way of the Peaceful Warrior is a story of hardship, resilience, and the human mind. “The warrior uses the sword of meditation with skill and understanding. With it, he cuts the mind to ribbons, slashing through thoughts to reveal their lack of substance.”
Dan Millman, Way of the Peaceful Warrior: A Book That Changes Lives 194 (New World Library 2006).
[2] Thank you to Major Michell A. Greenidge, Deputy Chief, Biomedical Science Corps & Enlisted Medical Career Manager, Randolph Air Force Base, Texas for the opportunity to consult her as a subject matter expert. Additionally, thank you to Major Brian M. Shust, Chief, Acquisition Integrity Branch, Contract Law Field Support Center, Joint Base Andrews, Maryland for the feedback, insight, and encouragement.
[3] I write from the perspective of a judge advocate—it is the perspective I know. No doubt our paralegal and civilian teammates have similar experiences.
[4] See Air Force Judge Advocate General’s Corps, JAG Corps Flight Plan 2023: Bridging the Strategic to the Tactical and Back, March 2023.
[6] See JAG Corps Flight Plan 2023, supra note 4.
[7] See Joseph Goldstein, Say What You Mean: A Mindful Approach to Nonviolent Communication 24–27 (2018). While mindfulness has roots in Buddhist practice, modern forms of mindfulness are accessible to people from any background and focus less on direct connections to Buddhism.
See Jon Kabat-Zinn, Wherever You Go, There You Are: Mindfulness Meditation in Everyday Life 3–4, 6 (Hyperion, 2005).
[8] See Dan Harris, “Appendix: Instructions” in 10% Happier Revised Edition: How I Tamed the Voice in My Head, Reduced Stress Without Losing My Edge, and Found Self-Help That Actually Works—A True Story (rev. ed., Dey Street Books 2019) [hereinafter 10% Happier].
[9] See Goldstein,
supra note 7, at 32–35; “Appendix: Instructions” in 10% Happier,
supra note 8;
Thich Nhat Hanh, Peace is Every Step: The Path of Mindfulness in Everyday Life 8–9 (Bantam Books, 1992).
[10] See Hanh,
supra note 9, at 11.
[11] Sharon Salzberg, Real Happiness at Work: Meditations for Accomplishment, Achievement, and Peace 54 (2013).
[13] See Goldstein,
supra note 7, at 34; “Appendix: Instructions” in 10%
Happier,
supra note 8.
[14] See Matthieu Ricard et al.,
Neuroscience Reveals the Secrets of Meditation’s Benefits, Scientific American, Nov. 2014,
https://www.scientificamerican.com/article/neuroscience-reveals-the-secrets-of-meditation-s-benefits; Gretchen Reynolds,
How Meditation Changes the Mind and Body, N.Y.
Times, Feb. 18, 2016,
https://archive.nytimes.com/well.blogs.nytimes.com/2016/02/18/contemplation-therapy; Kimberly Hepner et al.,
The Impact of Mindfulness Meditation Programs on Performance-Related Outcomes, RAND
Corporation, RR-A1522-1 (2022), pp. 32–34, 53–54, available at
https://www.rand.org/pubs/research_reports/RRA1522-1.html.
But see Bret Stetka,
Where's the Proof That Mindfulness Meditation Works?,
Scientific America, Oct. 11, 2017,
https://www.scientificamerican.com/article/wheres-the-proof-that-mindfulness-meditation-works1/.
[17] Patrick R. Krill, Ryan Johnson, & Linda Albert, The Prevalence of Substance Use and Other Mental Health Concerns Among American Attorneys, 10 J.
of Addiction Med. 46–51 (2016); see also Rosa Flores & Rose Marie Arce, Why are Lawyers Killing Themselves?, CNN, 20 Jan. 2014,
http://www.cnn.com/2014/01/19/us/lawyer-suicides (“Lawyers ranked fourth [in data for suicides by profession] when the proportion of suicides in that profession is compared to suicides in all other occupations in the study population (adjusted for age).”).
[19] Nock,
supra note 16, at 514, 516, 521.
[21] See Salzberg,
supra note 11, at 120–22.
[26] See “Balance: Emotional Intelligence” in
Salzberg,
supra note 11.
[30] See Salzberg,
supra note 11, at 181–83.
[31] Major Daria Awusah,
Combating Vicarious Trauma,
The JAG Reporter, Jun. 24, 2023,
https://www.jagreporter.af.mil/Post/Article-View-Post/Article/3056485/combating-vicarious-trauma; Colonel Andrea Hall et al.,
2021 Spring Symposium, Secondary Trauma in the Legal Profession,
Wake Forest L. Rev., Feb. 12, 2021,
http://www.wakeforestlawreview.com/2021-spring-symposium/.
[32] See JAG Corps Flight Plan 2023,
supra note 3.