What’s Emotion Got to Do With It?

What’s emotion

got to do with it?

By Angélica Matías, Esq.

To be a lawyer, you have to be intelligent. Right? If you are a judge, you have probably demonstrated a high level of intelligence as well. What does it mean to be intelligent? Are we all intelligent in the same way? What is emotional intelligence? What role, if any, does emotional intelligence have in our performance as attorneys or judges?

I, by no means, claim to possess a definitive answer to these questions. After all, I only have a bachelor’s degree in psychology and a little over four decades on this planet. I do, however, declare myself a curious student of the matters of the brain and the mind.

Intelligence has been defined in many ways. A quick search of the dictionary defines it as: “Capacity for learning, reasoning, understanding, grasping truths.”i In 1983, psychologist Howard Gardner, who was born in Scranton, Pa., developed his theory of multiple intelligences, which included: verbal-linguistic, mathematical-logical, visual-spatial, intrapersonal, bodilykinesthetic, interpersonal, naturalist, and musical-rhythmic intelligences.

This theory of multiple intelligences can explain why some people are more adept at figuring out if a piece of furniture fits in a space, or why some of us are better at karaoke night than others. Lawyers will probably rank very highly on verbal-linguistic intelligence.

By 1995, psychologist Daniel Goleman became known for his theory of emotional intelligence, proposing yet another paradigm on how we define intelligence. The elements of emotional intelligence, or EQ, include: self-awareness, selfregulation, motivation, empathy, and social skills. In a later book, titled Working with Emotional Intelligence, Goleman proposes that in jobs that require analysis and skills to resolve complicated problems, like the legal profession, emotional intelligence plays a crucial role in determining the quality of performance.

We associate intelligence with something that happens in our brains. Are our brains distinguishable from our minds?

In 2011, psychiatrist Daniel J Siegel defined the mind, in contrast with the physical structure of the brain, as a relational process that regulates the flow of energy and information.ii If the mind is more than the brain, and the mind holds the key to our intelligence, then by Siegel’s definition, our intelligence nurtures itself everyday from that never-ending flow of energy and information of our daily lives.

If you are still reading, you may be wondering, what does any of this have to do with me? Or maybe, you have already figured it out. After all, you are a lawyer and an expert in figuring out stuff.

The nature of legal work or judicial function is essentially solving problems. We are given a set of rules (the law), and when provided with the problem (the controversy), we figure out what rule should be applied (case or statute) to bring about a solution (resolution/remedy). Emotions are not part of the equation. Although in the last decade, some law schools have started to offer courses dealing with well-being and even mindfulness. Most of us were probably not trained in the arts of dealing with emotions. We may even think that the farther away we are from bringing emotions into our jobs, the closest we will be to a fair and speedy resolution of a controversy.

Note that all controversies bring about some emotions. Although it may be clearer to see those emotions in full display in a family court case or a wrongful death case, by definition, where there are humans in conflict, there is emotion.

Lawyers in general, but judges more specifically, are expected to “put their emotions aside” while performing their job. They are also required to keep their emotions in check. These expectations have even been codified in our rules of conduct.iii Lawyers are expected to communicate with clients in a way that allows for informed consent. This is not always an easy task, especially when our clients are feeling stressed, sad, lonely or angry. The attorney may be experiencing his or her share of feelings as well. He or she may be feeling drained after a long day of work or frustrated about work or personal matters.

Judges are expected to handle their own emotions so they do not show from the bench. They have to be patient, to keep the decorum in a courtroom full of individuals who may be experiencing an emotional turmoil. They may have to arbitrate a debate that has become too heated between attorneys.iv All of that is expected of a person, an individual, a human, who is processing information and experiencing emotions, as every other human does.

Is there anything that we can do to improve in our capacities for self-awareness, self-regulation, motivation, empathy and social skills, which are the pillars of emotional intelligence? Yes. Jon Kabat-Zinn, professor of medicine emeritus at the University of Massachusetts, has brought the practice of mindfulness meditation to a prominent place in western neuroscience and psychology research. He defines mindfulness as the awareness that arises from paying attention, on purpose, in the present moment. Siegel has derived from mindfulness, his proposal in Mindsight. The latter invites to that intrapersonal intelligence, the ability of “seeing our mind.” Breathing is a key element of this meditative practice. An activity belonging to the autonomous systems on our body, becomes a human endeavor, when done purposely.

The ability to engage in active listening, to perceive nonverbal cues, to feel the exchange of energy, is in my opinion, underestimated and underutilized. Dedicating a few moments a day to be with our mind to breathe, to understand what we are thinking or feeling and why can help us grow our ability for empathy, understand our motivations, and improve our social skills.

Cultivating emotional intelligence, in the form of selfawareness, self-regulation, motivation, and empathy, is not only beneficial to better comply with ethical standards, it is also beneficial to promote well-being. Lawyers are problem solvers, or maybe problem gatherers. Listening to people’s problems every day, interacting with people, at what most of the time is a very difficult time in their lives, can be emotionally draining. Taking refuge in the abstractness of law, may seem like a good strategy. However, being present, actively listening, being aware not only of our own emotions, but empathetic to the emotions of others, may be the vitamin we need to perform optimally.

As Tina Turner wrote in the song that inspired the title of this article: “What’s love got to do with it? Who needs a heart when a heart can be broken?” We tend to protect ourselves from pain, from feeling certain emotions. In the case of lawyers and judges, that tendency is not only desired, but expected. However, eliminating emotions from legal work it’s all but an illusion, a fiat.

Ms. Matias is a staff attorney for the Reading Office of MidPenn Legal Services. The Opinions & Statements expressed in this article are the sole opinion of its author and do not reflect the Opinions, Policies, or Procedures of MidPenn Legal Services.

i “Intelligence”, definition from Word Reference Random House Unabridged Dictionary of American English 2022 ii Siegel, Daniel. Mindsight The New Science of Personal Transformation. Bantam Books (2011). iii Rule 1.1 Competence A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.Rule 1.4 Communication (a) A lawyer shall: (1) promptly inform the client of any decision or circumstance with respect to which the client's informed consent, is required; (2) reasonably consult with the client about the means by which the client's objectives are to be accomplished; (3) keep the client reasonably informed about the status of the matter; (4) promptly comply with reasonable requests for information; and (5) consult with the client about any relevant limitation on the lawyer's conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law. (b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.

Code of Judicial Conduct Rule 2.6. Ensuring the Right to Be Heard. (A) A judge shall accord to every person or entity who has a legal interest in a proceeding, or that person or entity's lawyer, the right to be heard according to law. 207 Pa. Code 33 Canon 2 Rule 2.8. Decorum, Demeanor, and Communication with Jurors. (A) A judge shall require order and decorum in proceedings before the court. (B) A judge shall be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, court staff, court officials, and others with whom the judge deals in an official capacity, and shall require similar conduct of lawyers, court staff, court officials, and others subject to the judge's direction and control. 207 Pa. Code 33 Canon 2. iv Maroney, Tery A. The emotionally intelligent judge 49 Court Review. 100 (2013) Vanderbilt University Law School available at https://scholarship.law.vanderbilt.edu/cgi/viewcontent. cgi?article=1854&context=faculty-publications.

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