The University of St. Thomas

December, 2010

New Empirical Findings on Happiness Relevant to the Practice of Law

Published on: Wednesday, December 29th, 2010

(c) Neil Hamilton, Professor, School of Law, and Director, Holloran Center
Emily Semo, University of St Thomas School of Law, Class of 2012
[published Dec. 20, 2010 in MN Lawyer]

Fields from neuroscience to psychology have recently been grappling with the question – what makes us happy? The answer to this question provides important information for each practicing lawyer. Can we better understand what makes our clients happy? Can we better understand how to help our law firm colleagues and staff be happy? Can we better understand how we can be happy?

Definitions
In this literature, the definition of happiness itself is elusive, ranging from present pleasure to life-long fulfillment and satisfaction. In general, there are four main approaches to defining and studying the concept of happiness. The neuroscience field focuses its research on transient happiness, using definitions that range from “pleasure to exhilaration to euphoria.” Much of the social science research investigates a definition of intermediate happiness, such as “contentment or satisfaction.” Third, a subset of social-science scholars focus on life-long happiness, including “self-realization” and reflections on what it means “to have lived life well.” A fourth approach uses the broader term “wellbeing.” In their new book, Wellbeing, The Five Essential Elements (2010), Tom Rath and Jim Harter propose that wellbeing includes our general, daily happiness levels as well as our levels of short-term and long-term satisfaction with our career, social relationships, financial situations, physical health, and community relationships.

In her recent book, Exploring Happiness (2010), Sissela Bok notes that definitions of happiness used in theory and empirical research vary widely, and the chosen definitions in any given instance function “as Rorschach tests or sorts – of personality, traits, hopes, and biases.” In short, we define happiness from our own personal experiences, revealing much about our own value system by how we choose to frame the concept. For example, Monson and Hamilton’s empirical research does show movement over a career in understandings of professional identity from more self-interested conceptions to more other-directed conceptions (available at http://ssrn.com/abstract=1581528). We could not, however, find empirical research on whether people at different life or developmental stages define happiness or wellbeing differently. It makes intuitive sense that as a person gains both life experience and maturity of judgment, the person’s definition of happiness may change.

Important Threshold Questions
While research regarding happiness or wellbeing must be carefully analyzed to determine what trait or quality is actually being measured, general patterns can be seen in the research and used to help us improve the happiness and wellbeing of clients and colleagues and ourselves. An important threshold question is how much of our happiness is genetically determined? Psychology researcher Sonja Lyubomirsky of the University of California-Riverside suggests that our general happiness levels are determined 50 percent by genetics and 10 percent by circumstances outside our control, hence 40 percent of our happiness is within our own control. This statistic does not define happiness in any more specific terms. In short, we can significantly influence our level of happiness over the course of our life, if we can figure out how to do so. A second threshold question is how much does income affect happiness? A 2006 study conducted by Princeton professor Daniel Kahneman asked respondents the global question: “Taken all together, how would you say things are these days – would you say that you are very happy, pretty happy, or not too happy?” Those who earned more than $90,000/year were almost twice as likely to respond that they are “very happy” than those who made less than $20,000. However, there was little to no difference between the highest income earners and those who earned between $50,000 and $89,999 annually.

If we look at clients and lawyers who make more than $50,000/year, how do we help increase their happiness and wellbeing? In this essay, we are going to focus on one common theme in this developing empirical literature: service to others contributes to happiness and wellbeing.

Service to Others as a Major Contributor
A number of empirical studies emphasize a correlation between service to others and increasing happiness and wellbeing. Clinical Law Professor Larry Krieger of Florida State University College of Law has focused his research on wellbeing and personal motivation. He highlights 20 years of empirical research showing that when our actions are motivated by intrinsic values, such as “close relationships with others, pro-social/helping outcomes, and community involvement,” we experience “satisfaction and wellbeing.” Additionally, a well-known longitudinal study of happiness conducted by Harvard University studied members of the class of 1941 over their entire life spans at regular intervals. The study recorded various physical and psychological factors for each participant as well as self-reported levels of wellbeing and happiness. The study has shown that the use of adaptations such as altruism and suppression of self-serving impulses is one of the major factors predicting healthy physical and psychological wellbeing. Moreover, the study found that the ability to maintain “warm connections” to other people is strongly predictive of healthy late-life adjustment. These findings suggest that an ability to move beyond self-serving objectives and impulses to a commitment to genuinely connect with and help others can increase our physical and psychological wellbeing.

In Exploring Happiness, Sissela Bok further explores this correlation between altruistic behavior and both increased subjective wellbeing and increased neurological activity in the pleasure centers of our brains. She highlights a 2001 study conducted by Peggy Thoits and Lyndi Hewitt of Vanderbilt University that found a correlation between performing volunteer work and increases in “life satisfaction” and “happiness.” Moreover, experiments in the field of neuroscience have found that participants’ brain activity indicative of pleasurable responses was higher when they were instructed to think of giving money to a charitable organization than when they were instructed to think about keeping it for themselves.

In their recent book, The Happy Lawyer (2010), Nancy Levit and Douglas O. Linder present corroborating empirical research regarding lawyer happiness and suggest that a focus on improving the lives of others may help increase levels of happiness among lawyers. They note a 2007 study performed by the National Opinion Research Center at the University of Chicago that compared the general happiness levels of people within 198 occupations and professions. Respondents were asked: “Taken all together, how would you say things are these days—would you say you are very happy, pretty happy, or not too happy?” The results showed that the clergy ranked at the top of the list as the profession with the happiest members, while roofers ranked as the unhappiest. Lawyers came in only slightly above average. Levit and Linder hypothesize that the clergy rank as the happiest profession because their work involves them in “deep and meaningful ways in the lives of others,” sustaining and invigorating the profession’s members personally and professionally.

Using These Findings in the Practice of Law
We can use the empirical findings that service to others increase levels of self-reported happiness, long-term life satisfaction, wellbeing, and pleasurable biological responses to better relate to our clients and colleagues and improve our own wellbeing. For example, in 2005, the Legal Underground blog asked lawyers to comment regarding what they enjoy about their work. Many responses indicated that lawyers enjoy counseling clients, building trust with clients, solving problems for clients, helping the vulnerable, and affecting their communities in a positive way. We suspect that a brief conversation with any of your colleagues in any field of law would yield similar responses.

The work that we are most satisfied with is that which involves us in helping and improving others’ lives. Moreover, not only does a commitment to serving others and other-directedness lead to higher levels of wellbeing, Hamilton and Monson also find it is empirically correlated with increased levels of effectiveness in lawyers as evaluated by clients and senior lawyers (available at http://ssrn.com/abstract=1495824). As lawyers with counseling skills, we can help our clients and colleagues appreciate the significance of the empirical data suggesting the correlation between service to others and happiness and wellbeing. Active listening, storytelling and framing questions to help clients and colleagues understand and consider intermediate and long-term happiness and wellbeing and service to others are excellent counseling strategies. If we can work to increase our clients’ and colleagues’ levels of happiness and wellbeing, we can work toward increasing our own levels as well.

Energizing the Community to Build a More Ethical Future

Published on: Thursday, December 16th, 2010

A Summary of the MN Ethics Forum: Partnering for Youth
By Robyn Brown, Class of 2012,
University of St Thomas School of Law
Holloran Student Fellow

Leaders inspired, challenges embraced, and networking opportunities abounded at “MN Ethics Initiative Forum: Partnering for Youth,” held on Friday, November 12. Sponsored by the Holloran Center for Ethical Leadership in the Professions and the Center for Ethical Business Cultures with a host of partnering organizations, the dynamic forum brought together an engaging panel of accomplished leaders committed to partnership for the development of ethical youth to speak to an audience of 200 high school students, diverse businesspeople, community leaders, educators, and other concerned citizens who came to join the conversation, reflect, ask questions, and further consider how they can each play a role in shaping the future of our state’s youth.

By the end of the forum, an energetic combination of enthusiasm, ideas, and opportunities had spread contagiously among the participants. In my opinion, the outcome of this forum has the potential to ripple throughout the state for years to come, as leaders of today take steps of collaboration to make a difference for the leaders of tomorrow.

Professor Hank Shea, former Assistant U.S. Attorney and Senior Distinguished Fellow at the Holloran Center, opened the forum with a call to action, reminding attendees of the critical nature of this endeavor. Shea also asserted that well-intentioned efforts by individual persons or sole organizations do not provide an adequate solution to this crisis. He explained why a more comprehensive solution is needed to address unethical conduct in society, and encouraged forum attendees that together they could still shape the future.

What Went Wrong?

Building on Shea’s momentum, Mark Sheffert, Founder, Chairman, and CEO of Manchester Companies, Inc., affirmed the importance of ethics. Sheffert highlighted the alarming rate at which fraud schemes have been investigated by law enforcement and exposed by the media in recent years. The complicit actions and inactions stemming from greed, corruption, and failed leadership have left many in our society asking, “What went wrong?”

According to Sheffert, Americans began worshiping the idols of greed and power, and consumerism took hold of our culture. Leaders, he said, must take responsibility to use the opportunities they are granted to influence the world for good. Leaders must be courageous in confronting unethical behavior, and guide our youth. In Sheffert’s opinion, by teaching the next generations how to make right decisions from an early age, leaders can help transform the conscience of society.

Connections, Collaborations, and Questions

Ron James, CEO of the Center for Ethical Business Cultures, moderated the panel of local leaders and educators who brought insights from business, nonprofit, and educational spheres: Joe Cavanaugh, Founder & CEO of Youth Frontiers; Becky Roloff, CEO of the YWCA of Minneapolis; Dr. Reatha Clark King, recipient of the 2010 “Outstanding Director” Lifetime Achievement Award by Twin Cities Business; and Dr. Karen Rusthoven, nationally recognized educator.

The panelists briefly discussed their connections to the forum and their passion for fostering ethical leadership among youth, then delved into describing what their organizations do to foster ethical growth. Cavanaugh explained that Youth Frontiers engages the community with students through daylong high-energy, interactive retreats which urge the kids to explore, discuss, and reflect on their values. Rusthoven said “it’s doable” to teach peace and ethics daily, and such learning takes place at the school she directs, Community of Peace Academy. Roloff then described Beacons Minneapolis, a partnership of four organizations which works with ten challenged schools in the area to provide positive, community-building alternatives for children after school.

When asked how they collaborate to maximize these endeavors, Rusthoven shared her philosophy that “good attracts good” – people want to help if they are attracted to the work and mission. The Community of Peace Academy has worked extensively with a variety of partners, including area colleges, Youth Frontiers, faith-based organizations, Habitat for Humanity, Admission Possible, and programs such as Responsive Classroom and Peacebuilders. Cavanaugh stressed the importance of knowing what you do well as an organization, then connecting with other organizations that focus on and excel at competencies you lack. King pointed to the importance of closing the gap between “paper values” and what people actually practice. She emphasized that leaders have power to initiate change, and that courage, not technical skills, is the critical factor.

Attendees were given the chance to ask the panelists questions, and the first question focused on how to navigate interactions with groups that are not practicing the values they espouse. Cavanaugh agreed that competitive, ego-driven agendas can complicate and frustrate this important work, and Roloff advised that “it’s important who you let your organization affiliate with.” She reminded leaders that they can choose not to affiliate if they don’t trust the other leader or team.

The next question addressed the inherent complexities of teaching universal values that transcend religious, racial, and cultural differences. Rusthoven shared that one key is hiring people who are passionate about being role models. Rusthoven believes that educators should focus on modeling “unconditional positive regard for all,” believing that many values such as courage, hope, and honesty transcend differences.

Cavanaugh pointed to arrogance as the fundamental problem that leads to refusing to compromise or clearly see the truth in the other (i.e., the “other” refers to those whose differences tend to marginalize and discount their worth or fundamental humanity). Cavanaugh stated that it is a highly relevant issue in society, and within organizations. To overcome arrogance, intolerance, or insensitivity to differences, educators need to bring students together, face to face, and focus on the common good, rather than self-interest or self-righteousness. Through this process, people can begin to listen to multiple perspectives on political and moral issues. “We don’t all have to be friends, but we don’t all have to be enemies,” said Cavanaugh.

King pointed out that society today is plagued by the apathetic and jaded attitude of “Why bother?” She said a coalition of community leaders is needed to get people to care about ethics in all their endeavors. Peer influence, such as calling attention to “bad apples,” has great potential to affect change. Rusthoven stressed the importance of hiring ethical people and intentionally building a culture of ethics among the staff, not just the students. One way to inspire ethical conduct in employees, she elaborated, is by modeling ethical behavior as an organization.
Models of Success

Part of the forum was dedicated to highlighting a few examples of innovative models of partnering for youth. Jim Overocker, Chair of the Eagan Rotary Ethics Program, described how the Rotary Club of Eagan has collaborated with the University of St. Thomas and Eagan High School for twenty years, providing daylong immersion workshops on ethical behavior. The challenging and thought-provoking program includes presentations, small group discussion, and an interactive hypothetical scenario. The program has will be expanding to more area high schools in the future.

Sally Koering Zimney spoke about the Responsibility Retreat, a dynamic new program offered by Youth Frontiers that challenges high school juniors to reflect on their role as leaders and explores how they can take responsibility for creating a culture of respect within their school. The retreat includes small and large group activities, discussions, presentations, and processing time, and culminates in a challenge to commit to take action.

Chuck Ericksen, Community Education Director for North St. Paul-Maplewood-Oakdale and Mahtomedi School Districts, then shared about a community-based initiative called Youth Voice in the Media. Guided by the principles that hands-on experiences, and opportunities for reflection on these experiences, have great potential to shape one’s ethical and moral character, and that meaningful relationships with adult role models are a powerful force in promoting ethical/moral conduct, the project seeks to promote, facilitate, and demonstrate a set of ethics education learning processes and best practices in schools and communities. By mentoring, helping students gain access to media outlets and forums, and providing them with resources to produce communications across the community, young leaders can inspire others of all ages by using their untapped vision, energy, and creativity to speak to people’s values and dreams.

While these innovative examples certainly sparked new ideas and possibilities, attendees also had opportunities to connect with other leaders and community attendees during a special networking time after lunch. The forum was bursting with possibilities, and it will be exciting to see these connections develop and bear fruit in the coming months and years.

Challenges and Opportunities

Although much of the forum was highly motivating and encouraging, the panelists also spent time examining the realistic challenges facing their collective aspirations to inspire youth. Rusthoven asserted, “Character education is not a program that can fix problems on its own.” A paradigm shift is needed, and multifaceted approaches must be sought after. King said people need to be convinced that their involvement matters – even if that means encouraging others to do something as simple as showing up to support a youth event. She also stressed the importance of adding more youth to the conversation on ethical development. Cavanaugh emphasized the need for increased reflection on how our behavior impacts others. Mistakes are made when people and organizations move too fast, so leaders need to slow down. Leaders must engage in regular “thoughtful thinking” and take time to stop and care about others.

Roloff summed it all up well. She said it’s her goal to live in such a way that when she wakes up and puts her feet on the floor in the morning, that the devil will say, “Oh crap, she’s up again!” May we all, likewise, embrace our individual and collective duty to chase away the cloud of darkness that threatens our youth, and may we all take a spirited role in reflecting the growing brightness of a future restored.

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The Holloran Center for Ethical Leadership in the Professions and the Center for Ethical Business Cultures wish to extend a special thanks to Sara T. Paul and the many others whose dedicated efforts enabled this program to come to fruition. This is only the beginning. If you are interested in becoming involved in the MN Ethics Initiative, visit www.stthomas.edu/ethicalleadership or www.partneringforyouth.org