Sightings from the Blogosphere

• Pages: 18-19
• Date: 01 July 2025
• Published date: 01 July 2025
• Subject Matter: Administrative & Public Law

Published i n Litigation News Volu me 50, Number 4 , Summer 2025. © 2 025 by the Americ an Bar Associa tion. Reprodu ced with permiss ion. All rights r eserved. Thi s information or any p ortion

thereof may not b e copied or dis seminated in a ny form or by any mea ns or stored in a n electroni c database or r etrieval syst em without the ex press writt en consent of th e American B ar Associa tion.

How to Beat Anxiety

Anxious ahead of trial or oral argument? Appellate

Advocacy Blog’s Adam Lamparello explains that while anxi-

ety is common among attorneys, it does not have to def‌ine

your advocacy. He suggests several practical approaches

for managing anxiety while delivering your best performance.

(1) Prepare until you cannot get it wrong: Know the case inside and

out, including its weaknesses, and practice in front of dierent people

with diverse perspectives. According to Lamparello, “Preparation transforms

fear into focus.” (2) Reframe your thoughts: Reject negative internal dialogue

rooted in fear and replace it with a story rooted in capability. (3) Focus on your client:

Anxiety thrives on self-focus, but remembering that advocacy is not about you will help

shift attention away from yourself and toward the purpose of your work. (4) Let go of ex-

ternal validation: Cultivate self-esteem through your character, relationships, and integrity so

that your self-worth does not depend on how others perceive you. (5) Control the narrative:

Take charge of how you show up, and choose to present as composed, capable, and conf‌i-

dent regardless of how you feel. (6) Slow everything down: Anxiety accelerates everything,

so purposely breathe deeply, pause before responding, and slow your speech so that your

mind catches up with your mouth. (7) Keep perspective: Anxiety can inf‌late the importance

of a moment, but remember that not every challenge is a crisis. (8) Acknowledge and ad-

dress anxiety: If your anxiety is persistent or severe, seek professional help through proven

methods like therapy, medication, and cognitive behavioral techniques. “With preparation,

perspective, and a deep connection to purpose,” Lamparello concludes, “you can turn anxi-

ety into clarity, humility, and strength.”

Legally Defensible DEI

Confused ab out what is and is not legal when it com es to

diversity, equity, and i nclusion practices? Referenci ng a

settlement by CB S Studios over allegati ons that it carri ed

illegal diversit y quotas with a policy of race and sex bal -

ancing, Jon H yman of Ohio Employer L aw Blog explains

that quotas and preferences based on pro tected char-

acteristics a re unlawful. However, employers can legally

improve representa tion of marginalized g roups in their

© Getty Image s

workplace. Title V II permits diversity eorts designed to

open opportunities to everyone. Employer s should think

of their hiring pro cess as a funnel, with the top being ev-

eryone who hea rs about the job, the middle bei ng those

who actually ap ply and are qualif‌ied, and the b ottom

being where hir ing decisions a re made. If, for examp le,

very few Black ca ndidates are entering the top of the fun -

nel despite bein g well-rep resented in the qualif‌ied work-

force, it might indi cate a recruiting blind spot. Accordin g

to Hyman, Title VI I allows employers to le gally address

this by widening the to p of the funnel. S olutions include

recruiting at histo rically Black c olleges and un iversities,

advertising in co mmunity publications, a nd partnerin g

with organization s that support c andidates of color. These

solutions do not g ive a hiring preferen ce based on race

but simply broad en access for more qualif‌ied pe ople of

all backgrounds to h ear about and compete for jobs. T he

goal, accordin g to Hyman, i s equal oppor tunity to enter

the funnel: “ When your hiring process invites ever yone

in, your talent p ool deepens, your decisio ns improve, and

your workplace get s stronger.”

SUMMER 2 025 • VOL. 50 NO. 4

18 | ABA LITIGATION SECTIO N

POSTED& NOTED

SIGHTINGS FROM TH E BLOGOSPHERE