June 22nd, 2019

Connection (Eye Contact)

Eye contact leads to meaningful connection. Begin with an accepting and understanding heart,  making eye contact.  

In a jury trial I start with eye contact before speaking. I stay with a juror  (three to five seconds) then go to the next juror who invites eye contact.

When talking and listening I keep eye contact until completing a thought. I go to the next juror who invites connection; I engage with eye contact discussion. This allows me to connect. 

Try making eye contact in all conversation group and individual. It shows the person you have connected with you care.

    June 1st, 2019

    Wu Chi-The Second Position

    The first time Master Yang Jun instructed us on standing like a tree I had little appreciation for what I was about to do. “If you want to learn the real thing, stand still without moving with your hands in front of you as in holding a beach ball.” (Master Yang Jun). When I tried this with Master Yang I was amazed at the difficulty. Standing still in this position is tougher than most physical exertion over a similar length of time.

    With practice I learned what is happening inside my body as I stand still for at least five minutes. Slowly I began to recognize the internal power of my body through the simple exercise of standing still.

    When I stand like a tree I get in touch with my natural field of energy. Like a tree I take strength from the earth, from the air, and from the space that surrounds me.  I am nourished by everything around me as I stand in mediation.

      August 3rd, 2019

      Truthful Feelings

      actor-prepares-cover-200x305-2 I discovered Stanislavaki years ago reading an article in Litigation Magazine titled “Stanislavski in the Courtroom.The article introduced me to the great acting instructor and how his “Method Acting” is applicable to the courtroom. This led me to study Stanislavski.

      From studying  Stanislavaki’s “method” I see how it applies to trials, particularly jury trials. It also applies to sincerity and the elimination of a fake persona. It applies to  getting in touch with emotions and living at a higher level.

      Stanislavski’s first rule is truthfulness, meaning  honesty at all times. Do away with phoniness, pretense, and the desire to act in a way to please others. Truthful expression comes from the heart. With honest expression there is no doubt. Honest expression results in sincerity in voice, facial expression, and body language. The listener picks this up.

      Truth, which is usually simple and straightforward, is inviting to the listener. When truth embraces our whole being it has a way of sinking deeper and deeper into the mind of the listener to the point it reaches the subconscious mind. This invokes positive emotions in the listener. This creates an unconsciousness bond between speaker and listener.

      The opposite occurs when an agenda, pretense, or phoniness is involved- a rehearsed from the mind alone message. Here tone of voice, facial expression and body language tell the listener this is a surface message, a message calculated to convince, and it is not the truth. A gut reaction against the message occurs, as it is processed as “phony.”

        June 22nd, 2019

        eye contact

          May 10th, 2019

          Flow Naturally

          1325269988_columbia_river

          Constantin Stanislavski teaches to be true to our feelings. We trust our feelings without trying  to manipulate  them, which brings “false action.”

           In a trial we stay away from testimony or argument directed at arousing a feeling for its own sake. Following this rule prevents artificiality. Testimony and argument stand on its own. We must never seek to add emotion in a calculated way.  As taught by Stanislavski all true  feelings and emotions are the result of the internalization of the feeling of the experience.

          It is proper to think of the previous experience when preparing for  testimony or argument. This is the way to associate the past feeling with the present testimony or fact. When testifying or arguing,  let the result produce itself rather than consciously trying to bring the feeling to the fore front- like trying to push the river.

          This may seem like a subtle distinction, but it is significant.  Thus for testimony use the feeling at the time of the experience when preparing to testify. For argument use a past similar experience and reaction when preparing for the argument.

          At the time of testimony or argument, never consciously try to invoke feeling. Rather just testify or argue and allow the feeling to rise to the surface  on its own; it will rise and flow with the testimony or argument without  trying to invoke the emotion and feeling. This is because true emotion and feeling  reproduces itself.

            March 17th, 2019

            Lesson from Marcus Aurelius

            From Sextus Marcus Aurelius learned:

            Kindness.

            Gravity without airs.

            The ability to get along with everyone.

            The ability to investigate and analyze, with understanding and logic, the principles we ought to live by.

            Not to display anger and to be free of passion yet full of love.

            To praise without bombast; to display expertise without pretense.

            Marcus Aurelius, Meditations

              February 25th, 2019

              Tai Chi and Golf

              In about 2005 to improve my golf game I started to study Tai Chi from Master Yang Jun at Yang Family Tai Chi. I have been a student ever since. As well as the Long Form I study Push Hands. Below is an edited version (footnotes omitted but source cited) of an article I wrote for Yang Family Tai Chi on “The Ten Essentials” of Tai Chi and Golf.

              As students of Tai Chi, we recognize the importance of dedication to form. Physical technique and mental focus are fundamental to proper form. We spend countless hours developing technique and focus in slow motion. Slow motion movement demands discipline, as faults become readily apparent. In Tai Chi, we strive to execute even the smallest technique exactly. As we practice the form continuously we work part by part connecting the parts, our mind becomes focused as skill and control improve. We strive to reach the point where we have physically and mentally internalized the form, and have quality repetition.


              In golf, there are “certain actions that must take place during the act of hitting if the ball is to be struck with accuracy and power.” (Bobby Jones). The haphazard uninformed player may occasionally hit a decent shot but he cannot “hope to compete with the man whose sound swing carries him time after time into…[sound] position.” Id. The player with the sound swing – like the sound Tai Chi student- is the player who through countless hours masters movements that result in repeating proper form. It “is utterly impossible to play good golf without a swing that will repeat.” Id. The repeating swing is mastered through the repetition of fundamentals in form that are right because they produce quality shots under all kinds of pressure. Id.


              As with Tai Chi, proper golf form requires specific moves done in a balanced, relaxed, and focused way. The essentials of Tai Chi are the same as the essentials of golf. Through practice and application of Tai Chi essentials, we reach a higher level of physical and mental form. An analysis of The Ten Essentials of Tai Chi reveals fundamentals that, if practiced, will lead to good Tai Chi form and good Golf form.

              Light Energy at Top of Head. This first essential requires the head to be upright and straight. There must be no “strength” used so the neck and back remain relaxed and natural. This allows for the conscious intent to be natural and lively. Likewise, in golf the head must be erect with a feeling of naturalness. This feeling allows the golf player to be uninhibited. Tiger Woods stresses good posture. “One of the most important aspects of good posture is to hold your chin high at address.” With his back fairly straight and a bit of flex in his knees Tiger’s body is “prepared to move freely in any direction…” (Tiger Woods).

              Sink Chest Raise Back. In Tai Chi, this means the chi (life energy) needs to stay in the back rather than flow into the chest which will cause top heaviness. Sinking the chest allows the chi to flow into the spine which creates strength in the spine. This also prevents the upper body from feeling heavy which results in poor form. In golf, for good form we also must eliminate any feeling of top-heaviness. Ben Hogan teaches that proper golf posture lies with the back being naturally erect. “Your upper trunk should feel like it’s an elevator dropping down a floor – the club head descends as your trunk descends.” This, as in Tai Chi, allows for movement and power to occur from the foundation of the feet.

              Relax the Waist. In Tai Chi “the waist is the ruler of the body.” When the waist is relaxed the feet have power, and our foundation is stable. Movement of the waist leads to necessary change from full to empty. A relaxed waist allows for the transfer of power. According to Bobby Jones, the most important movement in golf is “to start the downswing by beginning the unwinding of the hips [waist].” As in Tai Chi, there can be no power or accuracy in golf unless a relaxed waist leads the downswing.

              Distinguish Insubstantial from Substantial. In Tai Chi, the practitioner must be able to distinguish movement and weight transfer from left to right (called empty and full). When we can distinguish empty and full our turning movement becomes light, nimble and almost without effort. When we transfer weight we must stay within the foundation of our stance. Failure to distinguish weight transfer and stay within our foundation leads to an unsteady stance. In golf we must shift from our target side during the backswing to our non-target side before initiating the downswing when we shift back to our target side. When we shift our weight no part of the torso moves beyond the feet. This can only be done by distinguishing between insubstantial (moving away from the ball) to substantial (moving back and through the ball). As in Tai Chi, when we do this our swing is almost without effort.

              Sink Shoulders Drop Elbows. Sinking the shoulders means relaxing the shoulders. They are allowed to hang down. Dropping the elbows means relaxing the elbows downward. This principle is also fundamental to the proper golf swing. This is what Ben Hogan is talking about when he says the upper trunk needs to have the feeling of dropping downward. Master Yang Jun continually teaches to “keep elbows down.” This essential fundamental is the same in the proper golf swing. The elbows must be down at the initiation of the swing. Hogan teaches the elbows must point to the hips which means to be down at address. The elbows must continue to remain down throughout the swing so the swing stays “connected.” This means the arms do not fly away from the body but are led by the body as they are in proper Tai Chi form.

              Use Consciousness not Strength. Here we come to the higher level of both the Tai Chi form and the golf swing. This “means we must rely exclusively on mind and not on strength.” (Yang Jun). Superior Tai Chi form and golf form demands the body be loose and open to avoid “the slightest bit of crude force.” Id. Only by being soft are we able to obtain hardness. “No one can do it for you. You have to do it for yourself. It’s a matter of being in touch with yourself mentally, physically and emotionally.” Id. This is easier said than done. This fundamental is mastered by those at the highest level of Tai Chi and golf. It is the ability to move in the Tai Chi form and in the golf swing with fluidity – a natural uninhibited movement done without trying to aggressively hit the ball.

              Unity of Upper and Lower Body. “The root is in the feet; it is issued through the legs, controlled by the waist and expressed in the hands.” Id. In Tai Chi and in golf, rooted feet provide a firm foundation which is necessary for stability allowing movement to initiate from the feet and progress upward.

              The Unity of Internal and External. Here we learn in Tai Chi “[t]he spirit is the leader and the body is at its command.” Id. Thus, when the inner and outer are unified as one we have connection without interruption. This stands for the proposition that in proper Tai Chi form both the mind and the body are unified. The same is true for proper golf form. Percy Bloomer, a British golf professional, instructor, writes good golf form has both physical and mental components: “[W]e never act purely psychologically or purely physically … every act is carried out in psychophysical unison.” When this unison is properly functioning there is “conscious control” – a balance between mind and body – which is what is necessary for proper golf form and proper Tai Chi form.

              Continuity Without Interruption. This fundamental continues to emphasize the mind. In Tai Chi, proper form requires the mind to be present to control the urge to use strength in an external clumsy way. Proper form requires there be no interruption. We must be “complete and continuous, circular and unending.” In golf, this fundamental means proper form requires “Rhythm.” As stated by Percy Boomer, rhythm is “flowing motion.” It is the continuous movement coordinated by mind and muscle to do the right form at the right time. As in Tai Chi, Boomer teaches slow continuous movement beats force every time. Boomer explains to be rhythmic we must use our mind to control the urge to hit too soon at the ball (called hitting from the top) As in Tai Chi, this early urge to use excess force results in clumsy non-rhythmic form. Continuity without interruption is thus required to achieve the rhythm necessary for proper form in the golf swing.

              Seek Stillness in Movement. This fundamental recognizes that in Tai Chi there is movement but it is a movement in a slow, evenly paced form. Here Tai Chi is contrasted from the outward martial art forms such as Karate. Golf like Tai Chi is a slow moving sport. It is unlike rapid sports that rely on bursts of energy. Superior golf form demands a controlled even pace throughout the “round of golf.” As Tiger Woods says, “my creative mind is my greatest weapon.” Slow paced focused movement in Tai Chi leads to good form. In golf good form requires having a natural rhythm and routine, and focusing solely on what needs to be accomplished. We do this by seeking stillness in movement.


              I continue to practice and develop in the Tai Chi form and in the Golf form. I work on form accepting the results. The greatest pleasure is the pursuit of the best possible form. This continued pursuit – the means – is a life long quest. The result – the end – will take care of itself. As for golf the pursuit of the best form is enhanced through the application of The Tai Chi Ten Essentials.

                January 19th, 2019

                Wu Wei

                “Literally, Wu Wei means ‘without doing, causing or making.’ But practically speaking it means without meddlesome, combative, or egotistical effort. … Wu Wei  means no going against the nature of things. …

                When we learn to work with our Inner Nature, and with the natural laws operating around us, we reach the level of Wu Wei.

                Then we work with the natural order of things and operate on the principle of minimal effort. Since the natural world follows this principle, it does not make mistakes.”

                Benjamin Hoff, The Tao Of Poo(1982).

                  January 8th, 2019

                  New Year’s Resolution-Connection

                  con·nec·tion  (k-nkshn)

                  n.

                  1.

                  a. The act of connecting.
                  b. The state of being connected.
                  2. One that connects.
                  3. An association or relationship: There appeared to be a connection to the group.
                  4. Reference or relation to something else; context: With this connection we can work for justice.

                  For my New Year’s Resolution I am working on “connection'” as in connecting with others. Connection is accomplished by listening in the moment.

                  To successfully listen I clear my mind to facilitate openness to things as they are. To connect by listening I give up preconceived ideas and opinions. I listen and observe the way of the speaker.

                  I accept the speaker without emphasis on good or bad. I feel things as they are with the speaker. I find common ground through the humanness of the situation.

                    December 10th, 2018

                    Stanislavski on Adaptation

                    Every trial lawyer knows a trial takes a life of its own with unexpected twits and turns. Preparation is essential, yet to succeed the lawyer must keep readjusting so the jury accepts and feels the changing circumstances and emotions. This ability which actors and trial lawyers must have is called “Adaptation.” Constantin Stanislavski, An Actor Prepares (1936)(Routledge -Translated by Elizabeth Reynolds Hapgood).

                    In trial we must “adapt” to circumstances, to time, and to witnesses.  “Adaptation” means the inner and outer ways we use to adjust to the variety of witnesses, court rulings, surprises and breakdown of plans that occur in any trial. As taught by Stanislavski the key to successful adaptation is to be true to our inner feelings. We do this by trusting our inner sense of our theme.

                    According to Stanislavski, adaptations are made consciously and unconsciously. Conscious adaptation occurs when things do not go as planned. In preparing for trial we plan on the order of witnesses and when and how documentary evidence will be introduced. With planned preparation we go forward as planned unless something happens to prevent the plan. For example when a witness is unavailable, conscious adaptation is necessary to continue the trial without a gap. A different witness is called or a DVD witness is played. When this is done it is important to “practice law like a duck.” On the surface the jury sees an unfazed, cool, calm and collected lawyer continuing the case uninterrupted. Below the surface the lawyer is furiously paddling to stay afloat.

                    Unconscious adaptation is what Stanislavsi concerns himself with. The highest level a trial lawyer reaches is during unconscious adaptation. Unconscious adaptation is not planned. It occurs during direct and cross examination as we “are in unending contact” with the witness. To reach this level we must trust our preparation. We must be a connected and focused with the witness. We must allow our  emotions to emerge in our voice and reaction to the testimony. “The only approach is through intuition and the subconscious.” Id. Our response is then “created naturally, spontaneously, unconsciously, at the very moment when emotions are at their height.” Id. In trusting our unconscious adaptation we make “an ineradicable impression… on the memories of the [jury].” Id.

                    The only way we can reach this level is through an internalization of the facts before trial. An internalization so deep it is in our subconscious at an emotional level. This allows us to forget who we are, forget about the possibility of failure, live in the trial moment and project our unconscious reaction which will unprepared, natural and powerful.