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LAWYER ASSISTANCE PROGRAM Sweet Dreams B Y ROBYNN MORAITES Lawyers Weekly called me requesting a in one’s skills does not necessarily eliminate quick one-to-two sentence quote as to how I this problem. Highly successful and seasoned would advise a lawyer having difficulty with lawyers can have sleep disturbances surface sleeping. Finding myself unable to succinctly again when they are triggered by particular summarize what I know about lawyers and types of stress. sleep, a few paragraphs later, I realized I had There are four stages of sleep: non-REM the beginnings of this column for the Journal. (NREM) sleep (stages 1, 2, & 3) and REM I alerted Laura Mahr, of Conscious Legal sleep. Periods of wakefulness occur before and Minds, and asked her to coordinate her intermittently throughout the various sleep Pathways to Wellbeing column with this arti- stages or as one shifts sleeping position. The cle. So, in this edition of the Journal, we hope first sleep cycle takes about 90 minutes. After to provide some solid resources and tips for that, they average between 100 to 120 min- getting a good night’s sleep. utes. Typically, an individual will go through We all have heard suggestions about good four to five sleep cycles a night. sleep hygiene: limiting screen time in the Stage 3 is known as deep NREM sleep, hours before bed, going to sleep and waking and it is the most restorative stage of sleep up at regular times, etc. The Lawyers Weekly (“deep sleep”). Brain waves during deep sleep ing deep sleep. Researchers are discovering article contained some excellent suggestions are called delta waves due to the slow speed that during deep sleep the brain refreshes itself on this front. Following the mechanics and and large amplitude. Of all the sleep stages, by flushing out toxins and free radicals that are recommendations of good sleep hygiene cer- stage 3 is the most restorative and the sleep produced daily. People with autoimmune or tainly is important and helps foster an easier stage least likely to be affected by external neurological disorders that effect one’s ability ability to sleep. For most lawyers, however, the stimuli. It is difficult to awaken someone in to think clearly attest to the fact that good issue of inability to sleep usually centers stage 3 sleep. For anyone who has ever been a restorative sleep is essential. Often, symptoms around the inability to turn off one’s thinking: parent, stage 3 sleep is much higher in dura- are barely noticeable after a good night’s sleep, whether it be frantic or compulsive thinking tion for children and adolescents, hence their whereas symptoms flare the morning after a about a case, anxiety about possibly overlook- ability to literally sleep through anything. bad night’s sleep. We are biochemical crea- ing some as-yet-unknown-and-surely-missed Getting enough deep sleep reduces one’s tures, and researchers are only now beginning aspect of the case, having previously undis- overall sleep drive and sleep needs. This is why to understand the neurological and cognitive closed facts surface unexpectedly, suppressing if you take a short nap during the day, you’re impacts of restorative sleep, mindfulness, and anger at the unprofessional behavior of oppos- still able to fall asleep at night. But if you take meditation. ing counsel, hashing over procedural maneu- a nap long enough to fall into deep sleep, you As lawyers, our most valuable commodity vers, etc. The list goes on ad nauseum. Many have more difficulty falling asleep at night is our ability to think. We can attach a dozen of us equate this never ending, frantic cycle of because you reduced your need for sleep. adverbs to that last sentence. We need to think thoughts to a hamster running on a wheel. Conversely, not getting enough deep sleep cre- clearly, quickly, efficiently, correctly, strategi- Lawyers we work with at LAP often either ates a sense of fatigue and exhaustion during cally, etc. Deep sleep is essential for maintain- report an inability to fall asleep or falling the day. And if we are consistently waking in ing those crisp thinking skills. asleep easily enough but waking at three stages 1 or 2 and not able to fall back asleep, Many lawyers turn to substances for o’clock in the morning by the hamster run- we are obviously missing the critical restora- immediate sleep relief. Why? Because sub- ning on the wheel. These occurrences happen tive stage of deep sleep. stances work in the immediate short term. far more frequently to far more lawyers than The reason deep sleep is restorative is that Different substances, like alcohol, Ambien, anyone realizes. The first thing we tell lawyers our bodies are busy doing all kinds of clean up Xanax, opiates, even over the counter drugs is that they are not the only one experiencing and maintenance physiologically during this like Tylenol PM or Advil PM, are effective in this issue. It’s prevalent across the profession. It stage. During deep sleep, human growth hor- temporarily turning off thinking and allowing seems to settle down a bit the more experi- mone is released, restoring cellular tissue and or promoting sleep to varying degrees. Of enced a lawyer becomes in a certain practice muscles from the stresses of the day. The course, regular use of substances often results area, but experience and even true confidence immune system is also reset and restored dur- in collateral consequences ranging from ran- 28 FALL 2019 dom, bizarre blackout behavior, or mental and suggestion. And like TV, the key is to find have better focus during the workday, is to physical sluggishness the following morning, content that hits that sweet spot between bor- work out (hard) in the morning. We’re not to long-term addiction. Because our brains ing and engaging. There is a podcast called talking about a leisurely walk around the adapt over time to regular chemical changes Sleep with Me designed specifically to help block or a deep stretch yoga class. We’re talk- (called neuroplasticity), these substances all people fall asleep. The narrator takes a relative- ing about high intensity interval training. eventually lose their effectiveness, resulting in ly distracting or engaging topic—say, an old, Running. Spin class. Kickboxing. It needs to lawyers taking higher doses in an attempt to well-known episode of Star Trek—and then be something to get your heart rate up and obtain the effect felt in the earlier days of use. rambles on about it for an hour, speaking in keep it up for 45 minutes to an hour. Some do And often, we see lawyers using substances long, droning, winding sentences that circle not want to exercise in the morning but like Adderral or cocaine to counteract the back around on each other. An alert listener would rather exercise after work. That can sluggish thinking aftereffects of the substances would be driven mad within a few minutes of work; however, during high intensity interval used to promote sleep. Substances are not a listening. But for those seeking sleep, it is a training where we keep our heart rates up, cer- viable, long-term solution. perfect recipe. Many report falling asleep tain hormones and endorphins are released Because we cycle through the sleep stages, within the first ten minutes of the podcast. that can actually keep us awake. That’s why it’s we all encounter times where we are more eas- There are many podcasts that are not recommended to exercise in the morning. ily awoken by external stimuli or our own designed for this purpose, but may work just Body Scan thoughts. So the goal in maintaining a mini- as well if the host or guest has a soothing This is a technique that is often used in mally interrupted sleeping state is to minimize enough tone of voice. We’ve had lawyers meditation. It helps focus the mind and relax or standardize the external stimuli, and/or find describe very interesting and engaging pod- the body. When lying in bed, turn your atten- a way to distract and calm the thought casts that, once the content is familiar, work tion to the very top of your head. See if you process. wonders to help the person fall asleep. It is can notice any feeling in your scalp or the Some of the suggestions may seem coun- interesting enough to initially catch their weight of your head on your pillow. Move terintuitive. The strategies employed are as attention, but because they’ve listened to it so your attention to the front of your head to unique as the individuals who employ them. many times, they quickly drift off to sleep. your forehead. Tense your forehead muscles Take what you like and leave the rest. We’ve also had lawyers take their iPad to bed by raising your eye brows or furrowing your TV with them, and if the hamster wakes them at brow. Hold that tension for three to five sec- One of the most counterintuitive sugges- three in the morning, they hit play on that onds and then release and relax your forehead tions for those who have trouble falling asleep podcast again and fall back to sleep immedi- completely. Then move down to your cheeks is to watch TV (on a TV, not on your phone ately. It is recommended to use the same pod- and mouth. Do the same thing. Slowly move or iPad due to the screen light). The key, how- cast over and over again. down your whole body, noticing each muscle ever, is to watch something that is engaging Ambient Noise group, tensing the muscles of that area for enough to keep your mind occupied so that it For some lawyers even old TV shows or three to five seconds, and then releasing.

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