Category Archives: competence

Presenting Minnesota CLE live webcast, Thursday, July 2 at 12 pm: Finding Your Rhythm – When to Do What

On Thursday, July 2, join me on Zoom for a Minnesota CLE live webcast, Finding Your Rhythm: When to Do Focused Work, Process Emails, Brainstorm Ideas, and Make Decisions.

Attorneys routinely keep too many things on their to-do list, feel overwhelmed with busyness, and prioritize other people’s requests over their truly important tasks. They are often told to manage their time better, multitask more, work smarter, or put in longer hours to get more done. But attempting to keep up with rising demands while neglecting to consider energy peaks and valleys create an unsustainable path to productivity. 

In this presentation, you will learn how to:

  • Work with your natural rhythm or internal body clock instead of burning yourself out or staying stuck  
  • Use your preferred sleep-wake cycle (circadian rhythm) and rest-activity cycle (ultradian rhythm) to plan your day
  • Choose the best times to perform high cognitive tasks, communicate with clients, spark insights, solve problems, and rest and recharge
  • Boost your energy level and reduce overwhelm by practicing simple daily habits 

Finding your rhythm will help you fulfill your ethical duties of diligence (Rule 1.3), competence (Rule 1.1) and communication (Rule 1.4).

This is a reprise of a webcast CLE that I presented back in December 2019, when most lawyers were commuting to the office instead of working from home or working remotely. In the midst of the pandemic shutdowns and restrictions, it’s especially important to find your rhythm and stay focused on what really matters. 

To register, click HERE

See you there,

Dyan Williams

U.S. Immigration & Legal Ethics Attorney
Author of The Incrementalist: A Simple Productivity System to Create Big Results in Small Steps, an e-book at http://leanpub.com/incrementalist

Co-Presenting Ethics CLE Session, on Sineneng-Smith Case, at 2020 Upper Midwest Immigration Law Virtual Conference, Friday, May 29

The State of Minnesota is about to complete its second week of transitioning from a stay-at-home order to a stay-safe order. More businesses can start to re-open to the public, with certain restrictions, as early as June 1 in the midst of COVID-19.

At the same time, protests over the death of George Floyd on Monday — while he was in Minneapolis Police custody — evolved into riots, looting and arson in the Minneapolis-St. Paul (Twin Cities) area this week. 

In times of chaos and uncertainty, it can be hard to stay grounded, maintain calm, move forward, and appreciate the now. But being fully present is what we must do to keep our center when there is much to fear and grieve. 

Pema Chödrön, Buddhist nun and author of When Things Fall Apart: Heart Advice for Difficult Times, writes: “The state of nowness is available in that moment of squeeze. In that awkward, ambiguous moment is our own wisdom mind. Right there in the uncertainty of everyday chaos is our own wisdom mind.”

Many businesses, including law firms, are operating remotely in some or all aspects during the pandemic. Although various events and conferences were canceled or postponed in response to the COVID-19 outbreak, others are continuing as planned, but virtually. 

On Friday, May 29, from 8 am to 5 pm, the 2020 Upper Midwest Immigration Law Conference will be presented via Zoom, instead of through the in-person event in Downtown Minneapolis that was originally planned. Organized by the Minnesota/Dakotas Chapter of the American Immigration Lawyers Association (AILA) and The Advocates for Human Rights for the Upper Midwest, this year’s virtual conference sessions will provide critical practice updates and Continuing Legal Education (CLE) credit to immigration attorneys.

This full-day, multi-track virtual CLE will give registered participants access to up to 6 live credit hours and to all sessions on-demand. Attendees may choose sessions individually among four different tracks — Employment, Humanitarian, Litigation and Fundamentals — and are not tied to any one category. 

I am scheduled to co-present with attorneys Alan Goldfarb and Eric Cooperstein at Session 4: “Ethics in Light of the Sineneng-Smith Case” (Employment track) from 2:15 to 3:15 pm. 

On May 7, the U.S. Supreme Court issued a 9-0 opinion in this case, which makes immigration lawyers vulnerable to being prosecuted for rendering candid advice to clients who are not in lawful status within the United States. 

Evelyn Sineneng-Smith was convicted of violating 8 U.S.C. § 1324(a)(1)(A)(iv), which imposes criminal penalties on any person who encourages or induces a person to come to, enter, or reside in the United States, in violation of the law. It does not distinguish between criminal offenses and immigration (civil) violations. 

Sineneng-Smith was an immigration consultant in San Jose, California. She assisted clients working without authorization in the United States to file applications for a labor certification program that once provided a path to adjust to lawful permanent resident status. She knew her clients could not meet the statutory application-filing deadline, but still charged each client over $6,000, netting more than $3.3 million.

The Ninth Circuit ruled that 8 U.S.C. § 1324(a)(1)(A)(iv) is unconstitutionally overbroad. On appeal, the U.S. Supreme Court held the Ninth Circuit abused its discretion when it decided this question because it was never raised by the defendant. The Court noted that instead of reviewing the case presented by the parties, the Ninth Circuit invited amici to brief and argue issues framed by the panel, including  “[W]hether the statute of conviction is overbroad . . . under the First Amendment.”

By vacating the decision and remanding the case to the Ninth Circuit, on procedural grounds, the U.S. Supreme Court did not address whether the statute is unconstitutional. This leaves lawyers with ethical dilemmas involving their duty to provide competent representation to clients and their duty to avoid the commission of a federal crime under the encouragement and inducement provision. The session on the Sineneng-Smith case will cover ethics concerns for immigration lawyers in light of the Supreme Court’s decision. 

For a description of the 2020 Upper Midwest Immigration Law Conference program, click here. Although the Early-Bird registration ($75 fee) ended on May 8, you can still register for the full price ($100 fee) up to May 29. To sign up, go to https://www.ailamndak.org/product/uppermidwest2020/

The Sineneng-Smith adds another layer of concern not just for attorneys, but also for persons who need candid advice on their options to gain, extend or change their U.S. immigration status. 

Stay well, stay connected,

Dyan Williams
Immigration & Legal Ethics Attorney 
Dyan Williams Law PLLC

Author of The Incrementalist: A Simple Productivity System to Create Big Results in Small Steps

Key Ethics Rules to Consider When Your Older Adult Client (or Potential Client) Has Diminished Capacity

Working with clients in various stages of Alzheimer’s or dementia, and with their families and caregivers, poses unique ethical issues for the attorney. Alzheimer’s is the most common cause of dementia, which involves memory loss and other cognitive impairment that affects daily life. When clients suffer from a mental impairment, this generally reduces their capacity to communicate with their lawyer, understand critical issues related to representation, and make informed decisions.

Here are key ethics rules to consider when your older adult client (or potential client) has diminished capacity:

Rule 1.1, Competence

A lawyer shall provide competent representation, i.e. legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.

Rule 1.1, Comment 2 states, “Perhaps the most fundamental legal skill consists of determining what kind of legal problems a situation may involve, a skill that necessarily transcends any particular specialized knowledge.”(emphasis added).

When working with a client with diminished capacity, lawyers not only need to know the nuts and bolt of their practice area. They also have to apply the legal standards of diminished capacity, which include ethical guidelines for assessing client capacity, as outlined in Rule 1.14, and standards of capacity for specific legal transactions.

A finding of incapacity could nullify or present obstacles in transactions such as wills, contracts and estate plans.

For example, at the time of making a will, the testator must understand the nature and extent of his property and the claims of others on his bounty, and be able to connect them sufficiently to form a rational plan for disposition of property. This is known as Testamentary Capacity.

When entering a contract, the person needs to understand the nature and effect of the act and the business being transacted. If the act of business being transacted is highly complicated, a higher level of understanding is usually needed. This is called Contractual Capacity.

Rule 1.2, Scope of Representation and Allocation of Authority Between Client and Lawyer

A lawyer has a duty to abide by the client’s decisions concerning the objectives or goals of representation and reasonably consult with the client about the means to accomplish such objectives. When a client lacks capacity to fully participate in the representation, this creates multiple ethical issues.

Rule 1.2, Comment 1 states the client has ultimate authority to determine the purpose and objectives of the representation. The means by which to accomplish objectives is generally left to counsel, after consultation with the client. Comment 2 adds that when there is a disagreement, counsel must attempt a mutually agreeable resolution. “If such efforts are unavailing and the lawyer has a fundamental disagreement with the client, the lawyer may withdraw from the representation. See Rule 1.16(b)(4).”

Rule 1.4, Communication

Rule 1.14(a)(1) states the lawyer shall promptly inform client of any decision or circumstance with respect to which client’s informed consent is required.

Rule 1.4(a)(2) requires the lawyer to reasonably consult with client about the means by which the client’s objectives are to be accomplished.

Rule 1.4(b) notes the lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding representation.

Comment 6 states, “Ordinarily, the information to be provided is that appropriate for a client who is a comprehending and responsible adult.” But “this standard may be impracticable” when the client suffers from diminished capacity.

In any event, the lawyer should confirm the client understands key elements of legal action and available options, and the client has made a choice and understands the consequences.

Rule 1.7, Conflict of Interest: Current Clients

The lawyer needs to watch out for conflicts of interest, particular in joint representation of married couples in wills and trusts formation, estate planning, contracts and other similar matters.

The lawyer shall not represent a client if representation involves a concurrent conflict of interest.

Concurrent conflict of interest exists if representation will be:

(1) directly adverse to another client, or

(2) materially limited by responsibilities to another client, former client, or a third person, or from lawyer’s own interests.

Comment 1 states that loyalty and independent judgment are essential in attorney-client relationship. Comment 2 explains that to resolve a conflict of interest problem, the attorney must clearly identify the client(s) and decide whether representation may continue and, if so, consult with affected client(s) and obtain informed consent in writing.

Rule 1.16, Declining or Terminating Representation

Rule 1.16(b)(1) states the attorney may withdraw from representing a client if it can be “accomplished without material adverse effect on the interests of the client.”

Rule 1.16(c) states the lawyer must comply with applicable law requiring notice to or permission of a tribunal when terminating representation. A tribunal may order the lawyer to continue representation despite good cause for termination.

Comment 1 explains the lawyer should not accept representation in a matter unless it can be performed competently, promptly, without improper conflict of interest and to completion. In effect, if the lawyer reasonably believes the person lacks capacity to make informed decisions, he may decline representation without necessarily seeking reasonable protective action.

Comment 6 adds that before representation is withdrawn, the lawyer should make special effort to help the client — with severely diminished capacity — consider the consequences of a discharge and may take reasonably necessary protective action as provided in Rule 1.14.

Rule 1.14, Client with Diminished Capacity

Rule 1.14(a) states the lawyer must maintain a normal client-lawyer relationship, as far as reasonably possible, even with the client has diminished capacity.

Comment 1 notes, “The normal client-lawyer relationship is based on the assumption that the client, when properly advised and assisted, is capable of making decisions about important matters.” It adds that when the client “suffers from a diminished mental capacity, however, maintaining the ordinary client-lawyer relationship may not be possible in all respects.”

Rule 1.14(b) allows the lawyer to take reasonable protection action when the lawyer reasonably believes the client has diminished capacity, is at risk of substantial physical, financial or other harm unless action is taken, and cannot adequately act in his/her own interest.

Comment 5 specifies that protective action includes consulting with family members; using a reconsideration period to permit clarification or improved circumstances; using durable powers of attorney; and consulting with support groups, professional services, adult-protective agencies, or other persons and entities available to protect the client.

In certain situations, the lawyer may seek guidance from an appropriate diagnostician. Protective action may involve seeking assistance from third parties in determining whether to seek the appointment of a guardian ad litem, conservator or guardian.

Rule 1.14(c) states the lawyer may reveal confidential information (protected by Rule 1.6) to the extent reasonably necessary to protect the client’s interest, when taking reasonably necessary protective action.

Comment 6 states, “In determining the extent of the client’s diminished capacity, the lawyer should consider and balance such factors as: 1) the client’s ability to articulate reasoning leading to a decision; 2) variability of state of mind and ability to appreciate consequences of a decision; the substantive fairness of a decision; and 3) the consistency of a decision with the known long-term commitments and values of the client.

Undue influence from a family member, caregiver or other third party should not be confused with diminished capacity, although the two are sometimes intertwined. Through manipulation or isolation, a stronger person might convince the weaker person to do something he would not otherwise do without the undue influence. This is a major factor for financial exploitation that the lawyer needs to consider when working with elderly clients with diminished capacity.

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Most lawyers – especially without special training — will find it very difficult to determine whether a client with diminished capacity can still make “adequately considered decisions.” Rule 1.14(b) subjects the lawyer to the standard of reasonableness and requires only that the lawyer “reasonably believes” the client has diminished capacity, which may be inferred from the circumstances.

As part of the normal attorney-client relationship, lawyers may not substitute their opinion or judgment for that of their clients, even when the client has diminished capacity due to mental impairment (e.g. Alzheimer’s or dementia). In appropriate situations, lawyers may consult with a medical or mental health diagnostician or other professional for help in evaluating a client’s capacity to act in his or her own interest. They may disclose only enough information reasonably necessary to take contemplated protective action in cases where the client is at risk of substantial harm.

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NOTE: On Monday, February 3, 2020, I will co-present the ethics session at Minnesota CLE’s live in-person seminar, A Lawyer’s Guide to Alzheimer’s and Dementia. Wills & Estate Planning attorney, Stuart Bear of Chestnut Cambronne P.A., and I will discuss Ethical Issues for Attorneys: How to Avoid the Pitfalls of Competency, Conflicts, and More.

To register or learn more, click HERE.  

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This article provides general information only. Do not consider it as legal advice for any individual case or situation.  

The author, Dyan Williams, is admitted to the Minnesota state bar and focuses on the Minnesota Rules of Professional Conduct, which are subject to change. Check your individual state rules of professional conduct, regulations, ethics opinions and case precedents, instead of relying on this article for specific guidance. 

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Finding Your Rhythm: When to Do What – Step 2 (Match Your Chronotype with the Task and Time of Day)

Doing the right kind of task at the right time of day is key to peak performance. At any given hour, your circadian rhythm affects your concentration, energy and mood level. Is your focus sharp or scattered? Are you alert or tired? Do you feel up or down? Your internal body clock largely affects how much sleep you need, your ideal wake up time and bedtime, and your mental acuity and emotional state throughout the day.

In his book, The Power of When, Dr. Michael Breus notes that your sleep chronotype affects the secretion of hormones, which are crucial for specific activities. Cortisol makes you more alert while melatonin makes you sleepy.

Dr. Breus distinguishes the sleep chronotypes into four categories: Lion (morning type), Wolf (nighttime type), Bear (middle of the road type) and Dolphin (difficult sleeper with often erratic sleep schedules). Meanwhile, in his book, When: The Scientific Secrets of Perfect Timing, author Daniel Pink uses the more familiar-sounding chronotype categories: Early-riser Lark; late-night Owl, and in-between Third Bird.

You achieve peak performance when you know your chronotype and match it with the task at hand and the time of day. In the related article, Finding Your Rhythm: When to Do What – Step 1, you can read more information on the different chronotypes and how to discover yours.

Three Categories of Tasks

Once you have determined your chronotype, your next step is to organize your tasks into categories. As described in Pink’s book, there are three:

Analytic Tasks

Analytic tasks involve heads-down work that demands high focus, mental sharpness and vigilance. Examples include learning and processing new information, doing legal research, analyzing documents and records, writing a legal brief, solving a difficult problem, making an important decision, actively participating in a strategic meeting, and presenting at a trial or hearing.

Insight Tasks

Insight tasks involve creative work that requires a wider focus, curiosity, imagination, and a good mood. Examples include outlining an article, brainstorming solutions, tackling novel problems with new ideas, asking better questions, and holding meetings to build relationships and rapport.

Administrative Tasks

Administrative tasks involve busy work or routine work that is fairly easy to complete and do not need a lot of brain power or heavy lifting. Examples are processing emails, making and returning telephone calls, responding to inquiries, updating case notes and progress reports, entering expenses, scheduling meetings, tidying up, and organizing files. Generally, these tasks can be automated, delegated or deferred with minor consequences.

Three Stages of the Day

On any given day, there are three stages where our energy peaks, dips and recovers. They are Peak-Trough-Recovery. Larks and Third Birds (most of us) experience our Peak in the morning, our Trough in the early-to mid-afternoon, and our Recovery in the early evening. Night Owls, however, experience a reverse pattern, i.e. Recovery in the morning, Trough in the early-to-mid-afternoon, and Peak in the late afternoon and into the evening.

When to Do What

For peak performance, you need to align your chronotype, task and time of day. The table below summarizes the best times of the time day to perform certain tasks, based on your chronotype:

Use your peak period to focus on deep, important work and analytic, cognitively-demanding tasks. When you’re in your recovery period, switch to insight, creativity-driven tasks. Avoid administrative work, like processing emails, and time-wasters like reading online news, at peak hours or recovery stages of the day.

How to Protect Peak Hours

Each day, you need to leverage your peak hours by reserving them for analytic, focused work or insight, creative-thinking work. There are two main things you can do protect your peak hours.

1. Prioritize your most important task (even when it’s not urgent) through time blocking. This involves setting an appointment (with yourself) to do a single, high-cognitive demand task or a batch or stack of similar, low-cognitive demand tasks in a specific time block.

A priority doesn’t always have to be handled first thing in the morning or at at the start of the work day. Just make sure you set an appropriate time to take care of it. Be sure to match the task with your energy level, personal circumstances, and external environment.

For example, do your deep work when your mental clarity and attention span are at its peak, you have the fewest interruptions, and you have access to a quiet workspace (or can at least choose your background noise).  Do your administrative tasks when your energy is low (e.g. afternoon or after lunch), you are more distraction-prone, and your workspace is noisier and more chaotic. 

High-cognitive tasks

In a time block, focus on a single high-cognitive task, like writing a legal brief. Refrain from multitasking — such as handling questions from your paralegal or responding to emails from clients — during this time block. To encourage focus, you can theme your days or theme the hour.

Theming your day could look like this: Monday – client communications; Tuesday – client work and assignments; Wednesday – internal meetings; Thursday – client work and assignments; Friday – brainstorming or solo thinking session.

Theming your hour could include: 9 to 10 am: client communications; 10 to 12 pm: client work and assignments (e.g. writing a legal brief); 1 to 2 pm: internal meetings; 3 to 4 pm: client work and assignments (e.g. editing a legal brief); 4:30 to 5:30 pm: brainstorming or solo thinking session.

Focusing on just one task is important because the human brain is a sequential processor: It cannot pay attention to more than one thing at a time. Multitasking is not possible when (1) at least one of the tasks requires focus or effort to complete, and (2) the tasks involve similar types of brain processing. Performing two or more tasks at one time can only be done by “switch tasking” (switch back and forth between two or more tasks). This leaves a cognitive residue that takes about 15 to 25 minutes to clear up so you can refocus on the initial task.

Low-cognitive tasks

When it comes to similar, low-level tasks that do not require much mental focus, you can use batch processing. This means performing then sequentially and quickly after each other in one time block. For example, you can return all your telephone calls or respond to email inquiries in one time block.

For routine or habitual, low-level tasks, you can use stacking. This means performing one task while the other operates in the background. Examples include walking with a colleague while you discuss a work issue during your lunch break; listening to an educational podcast while you commute to work; or playing classical music or ambient sounds of a cafe (like on Coffitivity or Hipstersound) while you update your case notes. Stacking is a great way to boost your mood when you’re dealing with mundane work. (SIDE NOTE: Stacking can also work very well with insight work.)

2. Schedule and take real breaks that allow you to fully detach from your work. Breaks may be solo (e.g. meditation, reading a calming book) or social (e.g. chatting with a colleague about the upcoming weekend; having lunch with a good friend). Getting outside is better than staying inside. Movement (e.g. walking, stretching, going to the gym) is also preferred to being stationary, especially if you have been working at your desk for hours.

In chronobiology, our ultradian rhythm is the wake-rest-activity cycle that repeats throughout a 24-hour day. This involves alternating periods of high-frequency brain activity (roughly 90 minutes) followed by lower-frequency brain activity (approximately 20 minutes). Take a 20-minute break for every 90 minutes of work to take advantage of the daily ultradian rhythm cycle.

The Pomodoro Technique is one way to concentrate on a task for a set period and take necessary breaks. First, you identify the task to do. Second, you set a timer (typically 25 minutes).  Third, you work on the task only until the timer goes off.  After the timer rings, you check off your task. And if you give in to interruptions and distractions (e.g. checking emails, getting a snack), you reset the timer. 

If you have fewer than four check marks, take a short break (5 minutes), then go to step 2. If you have at least four check marks, take a longer break (20 to 30 minutes), reset your checkmark count to zero, and do the steps all over again. 

Another way to take a good break is to have a Nappuccino or Nap a Latte, when you’re in the Trough. The steps are (a) Close your door, turn off your phone, and wear eye mask and ear plugs to help block light and sound; (b) Drink a cup of coffee or tea (100 to 110 mg of caffeine); (c) Nap for 10 to 20 minutes (set timer for 25 minutes).

Caffeine takes about 25 minutes to kick into the receptor sites of your brain, so by the time you wake up from your nap, you will not only feel refreshed but also energized. Be sure to wake up within 25 minutes because you want to avoid getting into deeper stages of sleep – unless you go for a full 90-minute sleep cycle.

Naps, however, are not ideal for everyone or for all chronotypes. If you suffer from insomnia or have trouble sleeping at night, you could make the problem worse with daytime naps.

How to Maximize Peak Hours

Maximizing your peak hours involves practicing habits that will help raise and sustain your energy levels. They include:

1. Limit your to-do list. Set boundaries and clarify expectations to reduce the interruptions and distractions. For example, inform your clients at the outset as to when they may expect to hear back from you in response to an inquiry. Is it within an hour, within 24 hours, or by end of business day? Do not give them your cell phone number if you do not want to be contacted whenever and however they please. If your boss or manager assigns you more work while you’re focusing on a major project, remind them of timelines and deadlines and discuss what actually takes priority.

2. Keep a consistent sleep schedule that aligns with your circadian rhythm. Dr. Breus notes that having the same wake up time and bedtime every day, including on weekends, is the single most important thing you can do for your circadian rhythm.

Here is his Bedtime Sleep Calculator to maximize sleep quality:

a. The average sleep cycle is 90 minutes long.

For Lions and Bears, a typical night of sleep includes 5 full sleep cycles, i.e. 90 x 5 = 450 minutes, or 7.5 hours. Dolphins and Wolves tend to get 4 full sleep cycles, i.e. 90 x 4 = 360 minutes, or 6 hours. Add an extra 20 minutes for Lions and Bears, and 40 minutes for Dolphins and Wolves to fall asleep.

b. Starting at your wake time, work back 7.5 hours to find your bedtime.

Ideal bedtime for Lions and Bears is calculated as follows:

90 minute sleep cycle x 5 cycles + 20 minutes to fall asleep = 470 minutes or 7.8 hours

Lions: up at 6:00 am – 470 minutes = 10:10 pm

Bears: up at 7:00 am – 470 minutes = 11:10 pm

Ideal bedtime for Wolves and Dolphins is calculated as follows:

90 minute sleep cycle x 4 cycles + 40 minutes to fall asleep = 400 minutes or 6.7 hours

Wolves: up at 7:00am – 400 minutes = 12:00 am

Dolphins: up at 6:30am – 400 minutes = 11:50 pm

3. Practice an energizing morning routine

Design a morning routine that works with your personal preferences and internal rhythm. Key ingredients you may incorporate into your morning rituals are:

Hydrate with water. When you wake up, drink 8 to 12 ounces of room temperature or lukewarm water.

Soak in bright light early in the morning, within first half hour of waking up. This lowers your melatonin level and provides vitamin D, which helps you sleep at night. Go outside and walk around the block or sit by a window to get direct sunlight in your face. Aim for at least 5 to 15 minutes and preferably 20 to 30 minute of sun exposure.

If you wake before sunrise or live in a place where there is little sunlight in certain seasons of the year, try using a bright light therapy lamp.

Have a high-protein rich and good-fats breakfast, such as a fruit smoothie, Greek yogurt, protein shake, or eggs/omelet with avocado.  Avoid carbohydrate-rich foods, which help produce serotonin and make you drowsy.

Get moving. Stretch, walk, run, dance, jump on the trampoline, or do a quick workout to wake up your body and boost your mental energy.

Take a cool shower. This stimulates blood flow, releases endorphins and triggers wakefulness. You could start with warm water and gradually turn down the water temperature. Still too much? Wash your face with cold water for similar effects.

4. Stick to a relaxing bedtime routine

Create a bedtime routine that allows you to wind down, relax and prime your mind and body for sleep. Key tips for nighttime rituals include:

Do not drink alcohol within 3 hours of bedtime. One alcohol beverage takes 1 hour to process, so give your body time to process it well before your bedtime. While alcohol might help you fall asleep more quickly, it prevents you from moving into deep sleep and reduces Rapid Eye Movement (REM) sleep, which are stages 3 and 4 of the sleep cycle.

Fast for at least 3 hours before bed, and preferably 4. Food tells your circadian rhythm to wake up and be alert. Have space between dinner and your bedtime for optimal functioning.

Practice relaxation methods, including meditation, gentle/restorative yoga, tai chi, stretching, or foam rolling (self massage).

Do light reading (few pages) or journaling (up to 2 to 5 minutes), but not on your computer or other electronic devices. Avoid blue light from screens at least 1 hour before bedtime because it hinders production of melatonin, the hormone needed for good sleep.

Get warm. Drink warm bedtime tea or water with lemon + honey. Take a lukewarm shower or bath, preferably 60 to 90 minutes before bedtime .

These self-care habits will help boost your energy levels, heighten alertness, and improve your mood. Peak performance results when you match your chronotype with the task and time of day and synch with your natural rhythm.

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For more information on the different chronotypes and how to determine yours, read the related article,  Finding Your Rhythm: When to Do What – Step 1 (Know Your Chronotype)

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This article provides general information only. Do not consider it as specific advice for any individual case or situation.  

Dyan Williams is a solo lawyer who practices U.S. Immigration Law and Legal Ethics. She is also a productivity coach for lawyers, consultants and other professionals who seek to reduce overwhelm and make time for what truly matters.  She is the author of The Incrementalist: A Simple Productivity System to Create Big Results in Small Steps, an e-book at http://leanpub.com/incrementalist.

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Finding your Rhythm: When to Do What – Step 1 (Know Your Chronotype)

To do focused work, generate ideas, respond to inquiries, and make decisions, you need to consider that not all times of the day are created equal. Biologically speaking, your concentration, energy and mood levels vary by the hour. Thus, the question of when you will work on a specific project is just as important as what steps you will take and how you will execute them to produce the desired results.

It is counter-productive to use your peak hours to deal with busy work instead of matters that require high-cognitive abilities or creative thinking. Yet like many other overwhelmed professionals, lawyers often fall into this trap. Despite putting in more time and neglecting to take restorative breaks, they often end their day with minor tasks done, but with no significant progress toward reaching their critical goals. While they might have replied to many emails and attended multiple meetings, the time-sensitive client matter is left untouched and the brilliant marketing idea is stuck on the some-day list.

Working out of synch with your natural rhythm often leads to emotional overwhelm, mental depletion, physical exhaustion and increased distractibility.  These factors impair your acquisition of knowledge and skills, fuel procrastination, and make it more difficult to convey bad news or timely communicate with clients. Ethical missteps are more likely to occur when you do not take your internal body clock into account.  

What is Your Circadian Rhythm?

Your circadian rhythm is an internal timing device that controls when you are most alert and when you are most tired. It is your brain’s sleep-wake cycle in a 24-hour period that determines your natural wake up time and bedtime. A group of about 20,000 nerve cells (neurons) – referred to as the suprachiasmatic nucleus (SCN) in the hypothalamus part of the brain (behind your eyes) – affects the secretion of hormones, like cortisol (which triggers your body to wake up) and melatonin (which tells your body to go to sleep), as well as your body temperature and blood pressure.  

What is Your Sleep Chronotype?

Your sleep chronotype is the behavioral manifestation of your circadian rhythm. It is genetically set and is linked to your Period 3 (PER3) or “clock” gene. In the field of chronobiology, Early Birds tend to have a longer version of the PER3 gene than Night Owls. They need more sleep and wake up and go to bed earlier.

4 Chronotype Classifications (Animals)

Dr. Michael J. Breus — a clinical psychologist with a  specialty in sleep disorders – notes there are four chronotype categories of sleep patterns and circadian rhythms. In his book, The Power of When, he distinguishes the chronotypes based on morning and evening preferences, and classifies them according to different animals whose sleep habits best reflect the characteristics.

Chronotypes are general guidelines for large populations; there are individual variations within each chronotype. Although you are genetically predisposed to a certain chronotype in adulthood (age 21 to 65),  this may change as you age, especially at 65 or older. In addition, workplace demands, social obligations, cultural norms and other external factors may require you to shift or reset your circadian rhythm.

The four chronotypes, as defined by Dr. Breus, are:

Lion (morning type, like the Early Bird)

  • 15% to 20% of population
  • Medium sleep drive (7 hours), naturally wake up before dawn
  • Wake up with lots of energy, with their peak energy in the early morning and morning, and little energy to spare in the evening
  • Adapt best to a 6 am wake up time & 10:10 pm bedtime for traditional office hours
  • Tend to be optimists, overactive achievers and go-getters,  and leaders, managers and CEOs
  • Have leadership qualities with introversion preference

Wolf (nighttime type, like the Night Owl)

  • 15% to 20% of population
  • Medium sleep drive (7 hours), naturally wake up late after mid-morning
  • Wake up with serious morning grogginess, with their peak energy in the middle of the day and evening
  • Adapt best to 7 am wake up time and 12 am bedtime for traditional office hours
  • Tend to be creative, pessimistic, risk-seeking and moody; often seen as lazy due to their being out of sych with society’s schedule
  • Are comfortable being alone or often socially introverted, but love a good party

Bear (middle of the road type)

  • 50% to 55% of population (often hybrids who lean toward being a Lion or a Wolf)
  • High sleep drive (8 hours), often hit the snooze button and wish they could stay in bed longer
  • Deep sleepers who like to rise with the sun and keep a solar schedule
  • Wake up in a haze, with their peak energy in the morning to mid-morning
  • Adapt best to a 7 am wake up time & 11:10 pm bedtime for traditional office hours
  • Tend to be fun, friendly and easy to talk to and have good people skills
  • Are team players and worker bees

Dolphin (difficult sleeper)

  • 10% of the population
  • Low sleep drive (6 hours), even though they often crave longer bouts of sleep
  • Light sleepers (often diagnosed or self-diagnosed as insomniacs who keep erratic sleep schedules and have trouble falling asleep and staying asleep)
  • Wake up feeling unrefreshed, with their peak energy in the mid-morning to early afternoon
  • Adapt best to a 6:30 am wake up time & 11:50 pm bedtime for traditional office hours
  • Tend to be anxious, irritable, and highly intelligent with Type A personality, including detail-oriented and perfectionistic
  • Prefer to work solo than in groups

Three Chronotype Classifications (Birds)

In his book, When: The Scientific Secrets of Perfect Timing, author Daniel Pink points out there is a strong biological underpinning for whether you are sharpest in the morning or in the evening. He describes the three chronotypes as:

Lark (morning person)

  • 15% to 20% of the population
  • Naturally wake up very early and go to bed very early
  • Wear out by the evening
  • Peak energy in the early morning

Owl (evening person)

  • 15% to 20% of the population
  • Naturally wake up late and go to bed late
  • Sluggish in the morning
  • Peak energy in the late afternoon and early evening

Third Bird (intermediate person)

  • 66% or 2/3 of population
  • Naturally wake up early and go to bed early
  • Peak in the early to mid-morning

Larks and owls are at two ends of the spectrum. Their melatonin and cortisol levels rise and fall at different times in the 24-hour cycle. For example, melatonin is still high for night owls if they wake at 6 to 7 am, while it dips for larks before that time.  

How to Find Out Your Chronotype

Paying attention to your own natural rhythm is important to know when you are at your peak each day. The ideal time to wake up, go to bed, and perform certain activities depends on your chronotype, i.e. whether you are a morning person, an evening person, or in between.

Here are four ways to find out your chronotype:

Take Power of When Quiz, created by Dr. Breus. Currently available at powerofwhenquiz.com, this is a short questionnaire that takes about two minutes to complete and provides a personalized choronotype.  By answering questions on your sleep drive, sleep timing and preference, you will learn whether you are a Lion, Dolphin, Bear or Wolf and how your chronotype impacts your daily life.

Calculate Midpoint of Sleep, as outlined in Pink’s book. On a free day, when you have no appointments, meetings or time-sensitive obligations (and are not sleep-deprived), when do you naturally go to sleep and wake up? What is the midpoint of your sleep cycle? For example, if you go to bed at 12 am and wake at 8 am, your midpoint is 4 am. If your midpoint is 3:30 am or earlier, you are a Lark. If it is 5:30 am or later, you are an Owl. If you midpoint is somewhere in the middle, you are a Third Bird.

Track your energy level every hour and note how you feel on a scale of 1 to 10. Also note the task or activity and the time of day. A 10 is when you are at your sharpest, fully present, and can more easily get into a flow state. The lower the score, the more you feel drained, scattered, and open to distractions. Chart your scores over time for a week or two. Look for patterns related to when you are hitting 10s, 1s and in between.

Complete scientifically verified survey, such as the Horne Östberg questionnaire, and Munich Chronotype questionnaire, which contains Likert-scale questions to assess your preferences in sleep and waking times, and the degree to which you are active and alert at certain times of the day.

Match Your Chronotype with the Task and Time of Day

The rises and dips in your circadian rhythm trigger changes in your mental alertness, emotional states and behaviors throughout the day. In addition to knowing your chronotype, you also need to sort your work into three types of categories: (1) analytic work that requires heads-down focus, (2) insight work that is open to possibilities, and (3) administrative work that is more routine.

You will produce the best results with the most ease if you do cognitively demanding tasks when you are at your peak (mornings for most people) and creative tasks when your mood boosts back up (early evening for most people). Save your busy work for when you are least productive, which is usually after lunch in the early afternoon, for most people.

* * *

For more information on how to match your chronotype with the task and time of day for peak performance, read the related article,  Finding Your Rhythm: When to Do What – Step 2 (Match Your Chronotype with the Task and Time of Day.

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This article provides general information only. Do not consider it as specific advice for any individual case or situation.  

Dyan Williams is a solo lawyer who practices U.S. Immigration Law and Legal Ethics. She is also a productivity coach for lawyers, consultants and other professionals who seek to reduce overwhelm and make time for what truly matters.  She is the author of The Incrementalist: A Simple Productivity System to Create Big Results in Small Steps, an e-book at http://leanpub.com/incrementalist.

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