It's Not All About the Dollars Three Different Approaches to Incorporating Wellness Into Your Daily Life, 1119 SCBJ, SC Lawyer, November 2019, #54

• Author: By Jeff Ross, Shanna Stephens and Erin Dean
• Position: Vol. 31 Issue 3 Pg. 54

It's Not All About the Dollars Three Different Approaches to Incorporating Wellness Into Your Daily Life

Vol. 31 Issue 3 Pg. 54

South Carolina BAR Journal

November, 2019

By Jeff Ross, Shanna Stephens and Erin Dean

"What are you up to this weekend?"

"I'm going to a spin class and an early morning turtle patrol." "I'm going to run a marathon." "I'm going to sit on the floor and think about nothing."

This conversation was the impetus for this article. After reading it, we are confident you can identify who said what as you explore our different approaches to achieving a life-work balance in the challenging "lawyering" world we live in!

Lawyers, according to them, are some of the busiest people in the world. I know, I am one. Like my co-authors, I practice primarily in insurance defense and have been doing so for 15 years. Over that time, our rules have changed such that we are now required to mediate everything before we can go to trial. There is a saying about mediations. They are like an inert gas: they will expand to fill the time that you allot them. Curiously, practicing law is the same way. As lawyers, we all know that sometimes taking time to spend with family or friends or other leisurely activities can be very difficult, even though, in theory, these are things we like to do. How then do we make time to exercise when oftentimes it can be viewed as a chore or something that we don't necessarily like to do? I will not go into the benefits of physical exercise here. We all know the benefits of it both physically and mentally. There are thousands and likely millions of articles written about this subject and moving forward I'm going to assume you know the benefits. The issue for many people seems to be that their career and their family has expanded to fill all the time in the day and there's no time left for exercise. If viewed as a chore, it will always get pushed to the bottom of the stack. There will never be time for it. Therefore, we have to reevaluate our position on exercise if we realistically expect to routinely make it part of our daily schedule.

I tried gym, work, sleep repeat, but couldn't make that work. Likewise, I tried run, work, sleep, repeat, or sleep, work, run, repeat or any combination of the above, but doing the same thing every day didn't work for me. It felt like I was just going through the motions and couldn't find a target to shoot for that kept me interested. I kept switching and trying new things until I found something that worked. A few years back I started doing triathlons. A triathlon is a race that starts with an open water swim, followed immediately by a bike ride, and then a run. It is one event that consists of three sports. The timer starts when you enter the water and stops when you cross the finish line after the run.

There are some slight variations of this general theme, but there are basically four different types of triathlons and the difference between them boils down to the length of the race in miles. The shortest triathlon is called a sprint triathlon followed next by an Olympic triathlon, a half iron distance triathlon, and finally the longest being a full iron distance triathlon. The latter two are often commonly referred to as a half Ironman, or Ironman 70.3 and a Full Ironman^[1] or Ironman 140.6. The numbers reflect the distance of the race in miles. Roughly speaking, each of the four types of races is twice the length of the one before it. So, roughly speaking, a sprint triathlon is a 600-700-meter swim, a 12-mile bike ride, followed by a 5k run. A full Ironman™ is a 2.4-mile ocean swim, a 112-mile bike ride, followed by a full marathon-a 26.2-mile run.

Yikes! First, let's clear the air. The people that participate in the triathlons, even the full iron distance races are not all super athletes. In fact, only a very small percentage of participants are professionals. By way of illustration, there was a Half Ironman™ on May 11, 2019, in Panama City. There were 1,908 athletes, but only 37 were pros. Of the 37 pros that entered the race, 13 did not finish^[2]. Likewise, about six months earlier, on October 14, 2018 there was a Full Ironman 140.6 in Louisville, Kentucky with 3,090 participants. There were only 51 pros. Only 23 of them finished^[3]. The rest of the athletes are just people, male and female, ages 18-80 plus, and they come in all shapes and sizes. The races are held all over the world, and because of this, I am using them as excuses or justifications to travel.

The first triathlon I ever did was a sprint triathlon held at the James Island County Park in Charleston, South Carolina. I knew that I could do any of the events on their own but putting them all together back-to-back seemed interesting. Honestly, I didn't have a lot of doubt about finishing, but my lack of attention to my fitness level for a number of years was a bit eye opening as I slowly finished the run. After a couple of more sprints, it was time to tackle an Olympic, which I did and after that I decided to try a half Ironman™. For the first time, I had some doubts about being able to complete the race. Haines City, Florida is the race I chose. Frankly, it was not a good choice for a first half iron distance race. It was brutally hot, and unbeknownst to me, the run course was exceptionally hilly. Yes, Florida and hilly. A couple of the hills were steep enough that I didn't have the strength to run them. While I didn't have the will to run them either, the decision to walk them was the right one, because I struggled to complete that course and using any additional energy to run those hills likely would not have left enough to finish the race. I did a couple more half iron distance races that year, which became progressively easier, setting the stage for my first full Ironman™ 140.6 in Cambridge, Maryland.

I came out of the water from the 2.4-mile ocean swim in the time I expected, changed clothes and got on the bike for 112 miles, the whole time hoping that I didn't have an equipment malfunction -flat tire, broken chain, etc. I finished the bike grinning ear-to-ear because I knew I had enough time that if I had to, I could walk the marathon and finish the race. The run course was arranged such that you passed the finish line six times before you were able to run down the shoot to the finish line. My initial reaction to the multi-looped run was negative, but on race day, I loved it. Each time you ran by the finish line you could hear the race official announcing the finishers. The motivational factor of hearing each racer's name as he or she crossed the finish line was unbelievable, "John Smith, you ARE an Ironman!", "Jane Doe, you ARE an Ironman!" Several hours later, "Jeff Ross, you ARE an Ironman!" The sense of accomplishment crossing the finish line is like nothing in the world. No words can describe it.

Starting at the Haines City 70.3, the satisfaction of finishing the race became a real motivator to make time to work out. Finishing an Ironman is a real, tangible, sense of accomplishment that can only be realized if you prepare for it. The beauty of preparing for a three-sport race, is if one day, you don't feel like running, you can always switch it up and go for a swim or a ride. However, if you want to cross the finish line, you have to put the time in during the week. No longer are my workouts at the bottom of my list. I make time for them because I want to. Finishing an Ironman™ was a bucket list item for me, a once in a lifetime event, or so I thought. I have talked with many people who somewhat skeptically can understand doing one Ironman as a bucket list item. But immediately thereafter, they ask why I keep doing them. My sarcastic response is always the same, "If you ever cross the finish line, you'll know." But the reality is, I keep doing them because they provide the motivation to make time to exercise on a regular basis.

A triathlon may not be for everyone, but if you are going to find/ make time to work out, or exercise on a regular basis, you either have to be incredibly disciplined, or you have to want to do so and finding a goal that forces you to do so may be the answer.

Make the time to keep it, and you "fresh"

In 2015, I woke up one day and decided enough was enough. It was time to stop playing Russian roulette with my health. As an aside, I could write a whole article about how I allowed my health to get derailed, but I won’t. The past is the past. This article is about how we get on track, stay on track, and the results that nurture our personal and professional lives. Plus, I’m positive a large majority of you would not be surprised by what I was allowing to interfere with my health being my number one priority… work and family obligations. We all have our reasons, i.e., “excuses,” as to why we may let our physical health take a backseat on our never-ending “to do list.” As we all know, lawyers are excellent at explaining away certain situations. It’s what we so often get paid to do. Call it a professional hazard. When it comes to verbally and mentally defending our own inactivity and poor health, that specific skillset can be a well-oiled machine.

Before I “woke up,” I wasn’t even 40 years old and officially started to feel tired. As my grandfather said, “My get up and go got up and went.” I wanted to feel 22 again. Who doesn’t? Now, I do (well, most days).

When I first decided to take back my health, I, like so many, just knew I could do it on my own. After all, I played sports in high school and college. I knew how to work out. I didn’t need anyone to tell me otherwise. However, after my “awakening,” I quickly realized I needed help. If I tackled this beast on my own, it would take forever. I wanted to lose 80 pounds “stat.” How could I make that happen? After doing some research, I decided the best way to reverse time was to swallow my ego and get help from professionals. I did that by taking the plunge and signing up for MUSC’s Healthy Charleston Challenge (“HCC”) in September 2015.

HCC, in a nutshell, is similar to The Biggest Loser television show. You are assigned to a team and personal trainer, exercise with your team five to six days a week, weigh-in weekly, learn proper nutrition and how to change food habits, log your food consumption, and cheer on your fellow teammates for 10 weeks. Teams and individuals are ranked each week based on percentage of pounds lost, with winners at the end of the program. It’s a friendly competition that ends with most participants feeling that they’ve won something, even if they aren’t on the winning team. What I won was knowledge, motivation, and a remarkable new source of energy.

I am no different than much of our profession when it comes to being a bit competitive. You don’t successfully get through college, law school, take the bar exam, and practice law without having to compete for something at some point in your life. I knew if competition was involved, I would take it seriously. I did. I jumped into HCC with both feet and haven’t looked back.

Simple key concepts I learned in HCC four years ago have kept me pushing forward on my never-ending health and fitness journey. None of the concepts are rocket science. In fact, they are common-sense. However, implementing and maintaining those concepts is where it can be tricky.

First and foremost, you must make time for yourself. You owe it to you. No one is going to do it for you. If you are currently struggling in this regard, what is stopping you? Really ask yourself that question and be honest. Once you have your answer, start taking steps to change whatever it is in your life that is coming between you and your daily exercise.

A general guideline, as established by the U.S. Department of Health and Human Services, is that healthy adults should get 150 to 300 minutes a week of moderate aerobic activity, which equates to five days of 30-60 minutes each. ^[4] You can work, sleep, run errands, and spend time with your family the other 23 hours a day. One hour. How many minutes or hours a day do we spend surfing the net, checking our social media, etc.? According to an article published by Digital Information World, discussing a survey by GlobalWebIndex, the average person spends over two hours a day checking social media alone.^[5] That does not even account for other “net surfing.” If you are one of these average social media and net surfers, just cut your surfing time in half and you automatically have a free hour for exercise. For an eye-opening video and commentary on this topic, watch the visual lecture by Dr. Mike Evans titled 23 and ½ hours: What is the single best thing we can do for our health? During his lecture, Dr. Evans discusses research indicating that 30 minutes of moderate exercise a day can reduce the progression of dementia and Alzheimer’s in up to 50% of patients; reduce anxiety in 48% of patients; and can reduce depression in 30-47% of patients.^[6]

Look at your weekly and daily schedule and determine when you can exercise. Make it a routine and stick to it. Once that routine is executed long enough, it eventually becomes a habit. For me, I know I will never exercise at night. I am too tired after work to do much of anything except make dinner, run an errand, and maybe walk the dogs. Facing that truth about myself makes the decision tough, yet easy at the same time. That means my alarm clock goes off at 5 a.m. or 6 a.m. depending on the day. On a rare occasion, it’s even gone off in the “4s” if I am training for a specific race or goal and have work travel that day.

In the beginning, your loved ones may not understand and/ or be hesitant to the change in your schedule. Once they see the increase in your energy, mood, focus, and stress management, they will hopefully learn to respect the change, even encourage the change. Maybe they’ll even join you and make it a family affair. When my schedule was turned upside down in 2015, my husband was supportive, yet would admit he was a tad annoyed from time to time if he was being honest. However, when he started to see the difference in my health – physical, mental, and emotional – he quickly “got on-board.”

The second key concept I learned is that accountability systems really do work, at least for those of us that need and want to be held accountable. If you need to be held accountable so that explanations and excuses do not continue to wreak havoc on your health, find an accountability group. Join a gym or workout group. Buy a class package. Pay for a personal trainer. Join a run club, or a master’s swim club. Sign up for anything where others are going to expect you. Having a little skin in the game seems to help some stay focused and feel accountable. HCC was just what I needed on the accountability front, as I had a whole team expecting to see me bright and early.

I am now lucky enough to mentor HCC teams at MUSC and help others on their own fitness voyage. I’ve met a diverse group of fierce and determined people who have been brave enough to realize they needed help and weren’t afraid to ask for it, several lawyers included. The struggle of being ft affects all walks of life, all socio-economic levels, and all professions. We know lawyers are some of the busiest professionals (at least we like to think so), but I find we are also some of the most adaptable and determined. If we set our minds to making time to improve our health and open ourselves to being held accountable, we succeed.

“Keeping it fresh” was the third most important concept I took away from HCC. If you’re like me, you get bored doing the same thing day after day. When it comes to keeping my exercise program rewarding, I believe variety is the spice of life. To prevent boredom, I try to keep my week full of varying activity. A normal work week includes a circuit-style class three days a week, one spin class, one morning of swimming laps, and/ or one morning of running stairs at Bee Street garage. On the weekends, I try to hit a yoga class for stretching and flexibility and go on a long run or bike ride. I also try to vacation somewhere new that requires exercise, or at least has a multitude of options. In November 2018, we hiked the Grand Canyon and are now looking forward to our next big physical adventure. If you are a travel junkie, planning a physical feat somewhere exotic may be just what you need.

One last tip on how to keep your exercise regime fresh is to set very specific goals. If you are the type of person that is goal-oriented (aren’t we all?), this is key. Set a goal, outline how you will accomplish it, and start chipping away. Train for something specific. In doing so, track your improvements and results. Buy yourself a smart watch and geek out on your statistics if that keeps you motivated.

Keeping your health journey fresh isn’t just about trying new exercise classes. Try new things with not only your exercise, but also your food. Don’t get in a rut eating the same meal over and over. Experiment and try new recipes, new vegetables, and new spices/herbs. Educate yourself on nutrition and how to properly fuel your body. There are so many diets out there, some fad and some not, so do your research and figure out what works best for you.

I personally adopted clean eating as part of my HCC journey. While I may splurge from time to time, I typically eat as clean as possible. There are hundreds, if not thousands, of articles online discussing clean eating. If you are not sure where to start, and how to better fuel your body, hire an expert. Licensed dieticians and/ or personal trainers with nutrition experience are great resources and starting points. A few of the most popular sayings around the gym are "you can't outrun your fork" and "physical fitness is 20% exercise and 80% nutrition." From personal experience, 1110% believe it. Our health should be our number one investment. Don't you agree? Don't be afraid to spend money furthering your knowledge about exercise and nutrition.

Implementing these three simple key concepts the last four years has resulted in a positive snowball effect. Exercise and proper nutrition have resulted in more energy. More energy has led to better focus at work. Better focus at work has led to more productive workdays. More productive workdays have led to less stress. Less stress has made my work life happier, which has absolutely spilled over into my personal life. Isn't that what we all want and deserve? Our careers should be serving our personal lives, not the other way around. Find a sustainable plan that works for you, fits into your life, and is ready for the long-haul. It's not as difficult as it sounds. You can do it and remember, "You don't have to be great to start, but you have to start to be great" (Zig Ziglar).

Mind control

I am an insurance defense lawyer by trade and have been for the past 27 years. I live in an idyllic small Southern town where the pace of life is somewhat slower than those of my counterparts living in the more urban settings in South Carolina. However, the practice of law creates its own pace despite what is happening outside my office window, and I began to look for ways to manage the day-to-day stress that was making my life (and to be honest, me) unpleasant. My journey to yoga and meditation started in approximately 2011.

A new yoga studio opened in my town and offered an introductory membership. I had grown up in the era of Jane Fonda and aerobics, had belonged to The Firm (gym) in law school and jumped on the spinning band wagon when it hit my town. I was no stranger to physical fitness and continued to seek out the next trendy activity that would keep me in good physical shape, so I joined the studio. There are many types of yoga: hatha, vinyasa, power, and even goat yoga to name a few. My original studio became a Baptiste Power Yoga affiliated studio which was a very physical practice conducted typically for 90 minutes in a room heated up to 90 degrees. It was a good sweat, and the teachers talked about "wringing out the toxins" in your body, which was definitely appealing at that point in my life. But in addition to the physical release provided by the practice, there was something new for me: a mental release as well. In Baptiste, the teachers discuss calming your monkey mind as you concentrate on linking your breath to the postures (and not falling over). It was 90 solid minutes without the perpetual "to do" list spinning through my head and I was hooked!

There are 36 million active 'yogis' in America.^[7] Research by the Centers for Disease Control and Prevention, published in their journal Preventing Chronic Disease, showed that yoga practices in the workplace can improve the well-being of employees and in turn increase productivity^[8] According to a study conducted by Yoga Journal and Yoga Alliance, the top five reasons for starting yoga are flexibility, stress relief, general fitness, improved overall health, and physical fitness.^[9] The study goes on to indicate that 86% of practitioners self-report having a strong sense of mental clarity, 73% report being physically strong and 79% give back to their communities.^[10] While different for every person, I find that when I dedicate myself to three or four yoga classes a week, I am better able to manage tasks, I am more inclined to respond to daily challenges (or a particularly difficult client or opposing counsel) rather than reacting and that I am better able to manage my sleep.

As a Type A personality with a nifty perfectionist mindset, I initially "tackled" yoga like any other project or pastime. I threw myself into it and made a list of yoga goals for myself (must do wheel by X date, must do headstand by Y, etc.), completely missing the whole point of yoga. There is no competition in yoga. As the ancient guru Sri K Pattabhi Jois says, "Do your Practice and All is coming." For the first time in my life, I began to realize the practice was the goal-not achieving Instagram-worthy poses. Every time you step onto the mat, your practice will be different. Sometimes better, sometimes not. The important thing is to just show up. Another lesson that I have learned since practicing yoga is that what your neighbor is doing on their mat is of no consequence as to how you show up on yours. As Theodore Roosevelt said, "Comparison is the thief of joy." This was a hard one for me to learn in my early years of practice. However, over time, if you start to concentrate on what you are doing versus what anyone else may be doing on their mat, the urge to "compare" dissipates naturally. In my personal practice, I find the lack of competition while on my mat comes as a relief and frees up space in my head for more productive thoughts.

We live in a culture, and a profession, where we wear our "busyness" as a badge of honor. If we are not working 50+ hours a week, are we even lawyers? How can one fit an hour and a half (or even an hour) practice into an already bursting-at-the-seams life? It is simple. You just do. If you cannot manage a 90-minute practice, then do 60; if not 60, then 45; if not 45, then 30, etc. Additionally, my practice has changed and evolved over time. These days I am more likely to take a gentle, yin or restorative yoga class than a power class because that is what I need at this point in my life. But again, that is what my individual needs are, and yours will be different. My husband t ells people I practice “international yoga” because I have incorporated attending yoga retreats in different countries into my practice as well. In order to do so, and to keep my law practice alive, I scope out the retreats I want to attend at least six to nine months in advance and get them on the calendar. I then request protection well in advance from the various courts in which I practice, which is the only way to guarantee the ability to go. I typically attend about two per year for a week to 10 days at a time. Fortunately, or unfortunately, I do receive and respond to emails while I am away-typically twice a day depending on time zone changes. I do use an out of office email and for the most part, clients and opposing counsel are respectful of the time away. Again, I think the key is to let them know well in advance of your plans to be away and limited availability of communication.

So, now that you are ready to join the yoga bandwagon, what are your options to do so? I recommend starting with a beginner series at your local studio. This type of class will teach you the basics not only of the asana (the physical poses) but the yogic philosophy as well. While yoga is an individual practice unique to your own set of conditions, nothing beats finding a like-minded community to share your journey and to keep you accountable (I know I am more inclined to make it to a yoga class when I have told a friend I would meet them there). There are many styles of yoga to choose from, a virtual yoga buffet so to speak, so be sure to test out different types of studios to find one that is in synch with not only the type of class you are seeking but a welcoming, comfortable, stress-free environment (dare I say vibe) that suits your needs as well.

If you are not able to attend a class in your local studio or attend a retreat in a far-away land, there are great options available over the internet to bring a little (or a lot) of yoga into your life. Streaming services such as Yogaglo (www.glo.com) or Gaia (www.gaia.com) offer very reasonable monthly fees and have a variety of instructors and types of class. Even You Tube has varying types and lengths of classes for free.

For those that are unsure or unwilling to experiment with yoga, the quest for stress relief and mental clarity is also aided by a meditation practice, which literally requires nothing more than a willingness to sit without external distraction for any amount of time. I think meditation is largely misunderstood by the population at large. Many perceive meditation as the act of “having no thoughts” and become frustrated when their active mind will not turn off. I was introduced to meditation at the end of certain yoga classes where we received a guided meditation for anywhere from 10 minutes to 20 minutes at a time. I, too, originally thought I needed to stop my thoughts and to sit still and not move during the experience. As I kept reading about the benefits of meditation (you have all probably seen “Before and After Photos: A Month of Meditation” by photographer Peter Seidler found at sham-bhalatimes.org), I knew it was yet another tool in stress management that would help improve the quality of my life so I began to research various methods to find the one that ft me best. I signed up for the 10 free sessions at headspace. com and listened to Australian Buddhist Monk, Andy Puddicombe, explain the various techniques of meditation. The easiest technique for me was to simply count my breaths. One as you inhale, two as you exhale, three as you inhale, four as you exhale, etc. up to a count of 10 and then start over. The most important thing I have learned is that you cannot stop your thoughts, you can simply note “thinking” and then refer yourself back to your breath count. On the Headspace app, you can choose the length of time that you meditate (from two minutes to 30), and the site provides informative graphics and animations that help you train your mind to get the maximum benefit from meditation. The site also offers a paid subscription program which includes hundreds of meditations on everything from stress to sleep. There are multiple meditation apps online to include Calm and Muse, and many are free. For me personally, I try to start the day with a quick 10-minute meditation and end with a 20-minute guided meditation as I fall asleep. I am not always successful in getting in my meditation on a daily basis but definitely can feel the stress, frustration, impatience and anxiety build up if I go for many days at a time without it.

If you are ready to get out of your own head and to enjoy some periods of mental clarity, I highly recommend developing a consistent yoga and/or meditation practice. Though I cannot promise spiritual enlightenment with each down dog you do, I can confirm that yoga and meditation are certainly worthy pathways to healthy stress relief and an improved quality of life. Should you have any specific questions about either yoga or meditation, please do not hesitate to reach out. My last piece of advice is that you MUST block time out on your calendar for self-care. If not, burn out is inevitable. If you plan in advance, you can maintain both a thriving law practice and a joyful and fulfilling life!

Jeff Ross is a partner at Ross, Cangelosi & Associates, LLC in Mount Pleasant.

Shanna M. Stephens is a civil defense lawyer with Anderson Reynolds & Stephens, LLC in Charleston. She is an active member of the Folly Beach Turtle Watch Program and enjoys taking circuit style exercise classes, running, spinning and appreciating the beautiful Lowcountry outdoors.

Erin Dean is a civil defense attorney with Tupper, Grimsley, Dean & Canaday, PA in Beaufort. She began her wellness journey in 2011.

---

Notes:

[1] ^[1] Ironman is trademarked, so races that are not sponsored by Ironman are referred to as half and full iron distance races.

[2] ^[2] See https://www.ironman.com/triathlon/ events/americas/ironman-70.3/gulf-coast/ results.aspx?p=72&race=gulfcoast70.3&r d=20190511&so=grank&ps=20#axzz5tD-vzQJdZ.

[3] ^[3] See https://www.ironman.com/triathlon/ events/americas/ironman/louisville/results.aspx?rd=20181014#axzz5tDvzQJdZ

[4] ^[4] See U.S. Department of Health & Human Services, Physical Activity Guidelines for Americans, 2^nd Edition (2018), https://health. gov/paguidelines/second-edition/pdf/Physical_Activity_Guidelines_2nd_edition.pdf.

[5] ^[5] See Saima Salim, How much time do you spend on social media? Research says 142 minutes per day, Digital Information World (January 4, 2019), https://www.digitalin-formationworld.com/2019/01/how-much-time-do-people-spend-social-media-info-graphic.html.

[6] ^[6] See https://www.youtube.com/watch?v=all-aInS6HIGo.

[7] ^[7] Wei, M. (2016) New

survey reveals the rapid rise of yoga-and why some people still haven’t tried it. Available from: https://www.health. harvard.edcu/blog/new-survey-reveals-the-rapid-rise-of-yoga-and-why-some-people-still-haven’t-tried-i201603079179.

[8] ^[8] Kachan, D. et.al. (2017) Prevalence of Mindfulness Practices in the U.S. Workforce: National Health Interview Survey. Available from: https://www.cdc.gov/pcd/is-sues/2017/16_0034.htm.

[9] ^[9] Yoga Journal & Yoga Alliance. (2016) 2016 Yoga in America Study Conducted by Yoga Journal and Yoga Alliance Reveals Growth and Benefits of the Practice. Available from: http://media.yogajournal.com/wp-content/ up-loads/2016YIAS-Release-Final.pdf.

[10] ^[10] See Endnote IX.

---