Category Archives: JUDICIAL PHILOSOPHY, RESOURCES & SAFETY

JUDICIAL & LEGAL WRITING – The Number One Rule for Improvement = CUTTING (25-10)

Dear Colleaques,

Attached is our newest Martine Law Training Update, titled: “JUDICIAL & LEGAL WRITING: The Number One Rule for Improvement = CUTTING.”

There are many books and articles dedicated to improving legal writing. Unfortunately, in many of these materials, you need an English degree to understand anything past the first paragraph. There is, however, a simple way to dramatically improve any style of legal writing that has nothing to do with dangling participles or misuse of pronouns, etc. Cutting unnecessary words is key to improving your writing.

Judges, attorneys, and other legal practitioners say the same thing about written legal submissions: they are too long. Most “legal writing” resources respond with lectures on grammar, style guides, and terminology that nobody has time to wade through. This Training Update takes a different approach. It focuses on one simple rule that will immediately improve every brief, motion, and email you write: cut unnecessary words.

Drawing on my experience reading thousands of briefs, motions, and emails from attorneys, I walk through concrete, before-and-after examples showing how to turn a bloated paragraph into something short, clear, and persuasive. The Update then breaks legal writing down into three practical levels—the sentence, the paragraph, and the final product—and gives you specific, easy-to-use techniques for each.

If you want your next submission to be easier for a judge to read, understand, and rule on, I encourage you to take a few minutes to read the full Training Update and share it with your colleagues and staff. A modest investment of time now will pay off in every brief you file going forward.


You can read or download the 3-page update here:
📄 Click here for Training Update 25-10: Judicial & Legal Writing


Martine Law Training Updates will continue to focus on key areas of litigation, including Criminal and Family Law, Evidence and Procedure, and Trial Advocacy. With a subscriber base of nearly 4,000 attorneys, judges, and legal professionals, these updates reflect our firm’s commitment to the belief that Legal Education is the Heart of the Judiciary. 

Warm regards,
Alan F. Pendleton
Of Counsel, Martine Law Firm
Director of Mentorship and Education
Former District Court Judge

Minnesota Judicial Training & Education Website

The Power of Gratitude: Transforming the Lives of Attorneys and Judges

Dear Colleagues,

Training Updates are designed to be short, concise, easy-to-read judicial tips that every judge and attorney should know. Because the majority of our 3500+ subscriber base consists of attorneys and judges, these training updates will continue to focus on key areas of litigation, particularly Criminal and Family Law, Rules of Evidence and Procedure, and Trial Advocacy.

However, from time to time, it is important to focus on topics that speak to the personal side of legal practice — especially the importance of maintaining a healthy work-life balance. That is the focus of this week’s update.

In the high-stress world of criminal and family law, we are constantly surrounded by conflict, urgency, and emotional strain. Whether you’re in the courtroom, the office, or supporting attorneys behind the scenes, the pressure never lets up — and the toll it takes is real. Burnout, fatigue, and compassion depletion are not just risks — they are common outcomes in our profession.

This Martine Law Training Update focuses on a concept that is often overlooked in legal circles but backed by solid science: gratitude. Far from being a soft or sentimental idea, gratitude is one of the most effective, research-supported tools we have to reduce stress, improve resilience, and restore a sense of balance in both our personal and professional lives.

Gratitude literally rewires the brain. It sharpens your thinking, strengthens your relationships, and helps you respond to stress with more clarity and control. For attorneys, judges, paralegals, and legal staff, practicing gratitude is not just beneficial — it’s essential for long-term sustainability in a high-stakes practice environment.

This update offers a fresh, science-backed approach to managing the emotional toll of litigation, something every criminal and family law professional can benefit from.

You can read or download the full update here:
📄 Click here for Training Update 25-8 – The Power of Gratitude


If you find this update helpful, please consider forwarding it to colleagues or staff who may benefit from it. And if you haven’t already, visit the Minnesota Judicial Training and Education Website to subscribe and receive future updates directly.

Special thanks to Martine Law Paralegals Autumn Amick and Brian Louis for generously contributing their insight and expertise to this update.


Martine Law Training Updates will continue to focus on key areas of litigation, including Criminal and Family Law, Evidence and Procedure, and Trial Advocacy. With a subscriber base exceeding 3,500 attorneys, judges, and legal professionals, these updates reflect our firm’s commitment to the belief that legal education is the soul of the judiciary.

Warm regards,
Alan F. Pendleton
Of Counsel, Martine Law Firm
Director of Mentorship and Education
Former District Court Judge
alan@xmartinelaw.com

A JUDGE’S SOLILOQUY ON JUDGING (2024-4)

In 2002, retired Judge Bernard Boland wrote this article for “Bench & Bar” on ten judicial aspirations for new judges. It has helped shape many judicial practices over the years, including my own. Hopefully, it will do the same for you.

Now in my 20th year as a judge, I was recently asked, along with many others, to jot down some of the things I would like to tell newly appointed judges. It occurs to me that most of my musings also apply to the practice of law and to practicing lawyers, who, to paraphrase our 16th President, could also find useful the free advice that is too often a judge’s stock in trade.

Click here for a print ready copy of Training Update 2024-4

The Power of Gratitude: Transforming the lives and Practices of Attorneys (and Judges)

In the demanding and high-stress world of legal practice, attorneys and judges face unique challenges that can significantly impact their mental, emotional, and physical well-being. The pressures of heavy workloads, long hours, and the high stakes involved in legal matters contribute to elevated stress levels, burnout, and mental health issues within the profession.

Problems Facing Attorneys: Alarming Statistics and Issues

The legal profession is fraught with significant mental health challenges. Studies indicate that attorneys experience higher rates of depression, anxiety, and substance abuse compared to the general population. According to a study published in the Journal of Addiction Medicine, 28% of licensed, employed attorneys struggle with depression, and 19% exhibit symptoms of anxiety. The suicide rate among lawyers is also notably higher than average, with some studies suggesting it is six times the national rate. Moreover, around 21% of attorneys are problem drinkers, and 20% struggle with substance abuse issues.

These addictive and mental health issues are compounded by physical problems such as cardiovascular issues, obesity, and musculoskeletal disorders, often stemming from long hours, prolonged stress, and a sedentary lifestyle.

However, amidst these challenges, an often overlooked but powerful tool can help attorneys manage their stresses and improve their overall quality of life: Gratitude!

Understanding The Power of Gratitude

Gratitude is more than just a fleeting feeling of thankfulness. It is a profound and sustained appreciation for the positive aspects of life. Cultivating gratitude involves recognizing and acknowledging the good in one’s life, regardless of the challenges. This recognition can shift focus from what is lacking or problematic to what is positive and fulfilling, fostering a more balanced and optimistic outlook.

The Science Behind Gratitude

One of the main features of gratitude is that it can help you feel more connected, relaxed, and optimistic. When you express gratitude, some pretty amazing things happen inside your brain. For example, neurotransmitters and brain chemicals like dopamine, beta endorphins, and the love drug oxytocin are released.  All of this causes you to experience greater well-being, higher self-esteem, and a general sense that everything is going to be OK despite the issues at play at that moment. When you express genuine gratitude, your system is more resilient and robust. 

Numerous studies have demonstrated the benefits of gratitude on mental and physical health. Research indicates that genuine gratitude can lead to lower levels of stress and depression, improved sleep quality, enhanced emotional resilience, and better overall well-being (Emmons & Stern, 2013; Wood et al., 2010). The neurological basis for these benefits lies in gratitude’s ability to activate areas of the brain associated with dopamine and serotonin, the “feel-good” neurotransmitters, promoting a sense of happiness and contentment (Zahn, R., Garrido, G., Moll, J., & Grafman, J. (2009).

Prevalence of Gratitude Across Cultures and Spiritual Traditions

Whether you are into science or not, at the surface level, gratitude can be viewed as a simple tool for successful living. At its core, though, gratitude is really an approach to life, or stated more boldly, it is a way of life. All spiritual traditions include gratitude among their highest virtues. For example, here is a quote attributed to Gautama Buddha:

“Let us rise up and be thankful, for if we did not learn a lot today, at least we learned a little, and if we did not learn a little, at least we did not get sick, and if we got sick, at least we did not die; so, let us all be thankful.”

Gratitude and the Practice of Law

Intense pressures and a high-stakes environment characterize the legal profession. Attorneys often juggle multiple cases, work long hours, and face the weight of clients’ expectations and the adversarial nature of legal disputes. Being in the proper mental state is central to all successful attorneys. Gratitude opens the heart and mind, putting you in a position of patience and acceptance.  Patience, as in methodical step-by-step trial preparation, and acceptance, as in the ability to accept a trial verdict or judicial decision that you did not want, are both paramount in the life of a legal practitioner.

How Gratitude Can Enhance Your Life and Legal Practice – Five Examples:  

  1. Reducing Stress and Enhancing Mental Health: Gratitude reduces stress and improves the well-being of attorneys (Emmons & Stern, 2013). Noting that a grateful attitude shifts focus from stress to positives.
  2. Improving Emotional Resilience: Gratitude boosts resilience and reduces depression (Seligman et al., 2005). It also helps attorneys better handle professional challenges.
  3. Enhancing Relationships: Expressing gratitude to colleagues and clients fosters a positive work environment and teamwork (Algoe, Haidt, & Gable, 2008). Regular appreciation builds a supportive workplace.
  4. Boosting Professional Satisfaction: Gratitude increases job satisfaction and commitment (Waters, 2012). Focusing on the positives can reignite attorneys’ passion for their work.
  5. Enhancing Client Relationships: Gratitude strengthens client relationships, boosting satisfaction and loyalty. Simple thank-you notes build trust and encourage referrals.

An Easy Choice

Every day, when you wake up, you have a fundamentally important choice to make between two possible daily mindsets:

  1. A mindset where you are grateful for the opportunity to excel in a challenging field and happy just to be involved or
  2. A mindset of struggling and griping about every inch of gained ground, never satisfied with the outcome.

When you read those two choices, no one would consciously pick the second one. Nevertheless, when the bell rings and your day begins, many attorneys and judges allow themselves to revert to an adversarial mental state (choice #2). Besides the negative effect on the quality of your life, a non-grateful daily attitude also profoundly impacts how you are perceived by others, including your friends and colleagues. Of course, most of you already know which attorneys and judges fall into that second category. Do not be one of them.

Start Small – Expressing Thanks

Beginning with small, manageable steps, such as expressing gratitude to colleagues, clients, and support staff, can strengthen professional relationships and create a positive work environment. Simple gestures, such as saying thank you or sending a note of appreciation, can go a long way in fostering goodwill and collaboration. You will benefit from those small acts of kindness as much or more than your staff and colleagues.

Final Thoughts

In the high-stress, high-stakes world of legal practice, the power of gratitude offers a simple yet profound way for attorneys to enhance their well-being and professional effectiveness. By reducing stress, improving mental health, fostering emotional resilience, and strengthening relationships, gratitude can transform attorneys’ lives and improve the quality of their legal practice.

As you return to work following the July 4th holiday, take some time to give thanks for your many blessings, regardless of where you live or practice. Then, make a concerted effort to carry that grateful attitude with you to the courthouse or wherever else you work. You will be pleasantly surprised by how such a small change in approach can make your journey more enjoyable and productive for both yourself and those around you!

Happy July 4th

Alan F. Pendleton, Attorney (former district court judge); afpendleton@gmail.com; Minnesota Judicial Training and Education Blog; Linkedin.com

References:

  • Zahn, R., Garrido, G., Moll, J., & Grafman, J. (2009). Individual differences in posterior cortical volume and grateful disposition. Social Cognitive and Affective Neuroscience, 4(3), 238-247.
  • Emmons, R. A., & Stern, R. (2013). Gratitude as a psychotherapeutic intervention. Journal of Clinical Psychology, 69(8), 846-855.
  • O’Leary, K., Dockray, S., & McHugh Power, J. (2017). The effects of two novel gratitude and mindfulness interventions on well-being. The Journal of Alternative and Complementary Medicine, 23(5), 430-432.
  • Cregg, D. R., & Cheavens, J. S. (2021). Gratitude interventions: Effective self-help? A meta-analysis of the impact on symptoms of depression and anxiety. Journal of Happiness Studies, 22(1), 413-445.
  • Algoe, S. B., Kurtz, L. E., & Hilaire, N. M. (2016). Putting the “you” in “thank you”: Examining other-praising behavior as the active relational ingredient in expressed gratitude. Social Psychological and Personality Science, 7(7), 658-666.
  • Lanham, M., Rye, M., Rimsky, L., & Weill, S. (2018). How gratitude relates to burnout and job satisfaction in mental health professionals. Journal of Mental Health Counseling, 40(1), 68-85.
  • Lambert, N. M., Clark, M. S., Durtschi, J., Fincham, F. D., & Graham, S. M. (2016). Benefits of expressing gratitude: Expressing gratitude to a partner changes one’s view of the relationship. Psychological Science, 21(4), 574-580.

Three Rules For Attorneys To Live By

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