The Mindful LawyeR®

Institute for Mindfulness Studies

Mindfulness Memo

To:      You

From:  Institute for Mindfulness Studies

Re:      The Motion for An Extension of Thyme

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Question Presented

Whether mindfulness practices can help provide greater clarity of mind, focus, and ease in dealing with procrastination and time deadlines.

Answer

Thoughts like “I don’t have enough time,” or “I’ll never get this done in time” have both a factual quality and a “fear-based” quality.  While it can sometimes be the case that poor planning or circumstances result in a genuine rush, more often than not, the perception of “not enough time” is a conditioned thought that arises and, when believed, creates a “false” sense of crises that undermines performance.  The Motion for an Extension of Thyme is one method of effectively dealing with the source of procrastination and worry, bringing about a more effective use of time -- and, often, more time.

Discussion

A popular court filing is the motion for an extension of time.  It probably comes as no surprise to you that the procrastination that many lawyers experience continues unabated and perhaps even intensifies throughout their careers.  And so, a subset of all “Motions for an Extension of Time” -- couched in terms of the need to review recently discovered documents, or owing to a family illness, or some such -- are in actuality a pretext for what is more properly termed the “Motion to Excuse My Poor Planning and Procrastination.”

In this month’s Mindfulness Memo, we’ll explore a simple mindfulness exercise that can begin to shift this habit, that is, to catch the procrastinating mind in the act and do something different, which can help break the habit and start the process of generating a different – and more productive – response to stressful situations.

In practice, the road to a motion for extension of time begins with the best of intentions. You’ve received opposing counsel’s motion for summary judgment and have 45 days to respond.  You place it on your calendar and tell yourself that you will begin to work on it promptly to avoid a last minute rush.  The thought itself feels good. 

But, you find it challenging to focus on a far-away deadline. You’ll work on it tomorrow, you tell yourself.  Then, as the deadline draws near, a subtle anxiety creeps in each time thoughts turn to the assignment, and you find yourself distracting yourself with other discretionary work and unnecessary chit chat. Projects pile up and you begin to generate excuses.  You’re pleased at how reasonable they sound.

At this point you start calling in favors from, of all people, opposing counsel, who is likely to agree to your extension or some variation of it.  After all, once you file your response, the clock starts ticking down for the deadline to file a reply.  Even if the motion is opposed, you will likely marshal your powers of persuasion and find a way to convince the judge that the demands of your busy practice and the needs of your client counsel in favor of a short extension in the interests of justice.

Immediately upon realizing that, one way or another, your deadline has been extended, a wave of relief washes over you. It’s like forgetting to do your homework and then learning that school was canceled due to the weather. It’s an old, familiar, comforting feeling.  But here’s the rub:  Because the relief you experience is so pleasant, your procrastinating and counterproductive habits are reinforced. And so the cycle is primed to repeat itself again and again.

The good news is that research in neuroscience is finding that the brain changes in response to experience.  Repeat unproductive habits and you build and strengthen their neural pathways.  But, introduce something different, especially at the moment you start down the old familiar route, and different pathways we be forged. As you do this more and more, the old roads wash away and the new ones are paved.

Here is an exercise that you may find helpful when you’re sitting at your desk, intent on working, and your mind begins to wander.  Rather than allow yourself to get pulled off track where you’ll eventually be wishing you had more time, and may begin to feel overly stressed, give yourself an Extension of Thyme.

On your next visit to the grocery store, visit the produce section and buy a pack of fresh thyme, or a thyme plant.  Keep a sprig, or an extension, nearby.  You can use one as a bookmark in a case book.  You can leave some on your desk or in your car.  Each time you begin to feel your mind pulling you in another direction, reach out and pick up the thyme. Look at it and notice the intricate detail.  Then close your eyes, bring it to your nose, and smell its pungent aroma.  Allow this moment to cue awareness of your breathing, slowly inhaling and exhaling. Sink into this sensory experience.  As you do, the chatter in your mind will begin to subside.  After a few breaths, open your eyes and, with awareness that you’ve got “thyme on your hands,” smile.  Everything will be okay.

This simple sensory exercise can help tone down subtle agitation and clear your mind. Over time you may find you are more productive and less likely to become sidetracked or distracted when you set your mind to a specific task or project.  This practice will pay big dividends both professionally and personally throughout your life.

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