NCSB Journal Spring 2026

Inquiry #5: Same facts as Inquiry #3. May Lawyer enforce the provision described in Inquiry #3 against Client by civil action for damages, ter mination of services, claim of offset for unearned fees, or other remedy available at law or in equity?

to review the law to determine if a non-dis paragement clause can be included in the written fee agreement as a condition of employment of the lawyer. Lawyers must fol low the law; failure to follow the above-refer enced law in this scenario would be prejudi cial to the administration of justice in viola tion of Rule 8.4(d). If the law prohibits the use of language in a fee agreement to prevent clients from posting comments about the lawyer and her services, the lawyer cannot

include a non-disparagement clause in the written fee agreement. Inquiry #4: May Lawyer condition her representation of Client upon Client’s execution of a repre sentation agreement containing this provi sion?

Opinion #5:

Opinion #4:

No. See Opinion #3. n

No. See Opinion #3.

Pathways to Well-being

timelines, Jordan works mindfully and steadily and stays strategic and organized rather than overwhelmed, saving time and avoiding costly mistakes. Mind-body regulation practices: Between calls, Jordan stands, stretches, and takes three slow breaths to reset, allowing the muscu loskeletal system a chance to ease up. Connection with body systems: Jordan takes a 20-minute, phone-free lunch break and eats looking out the break room window at the sky. Before getting on a video confer ence, Jordan softens tight abdominal areas to optimize digestion while more easily focusing on client matters after fueling up. Nervous system regulating practices: Jordan downregulates in the car on the commute home, singing along to a favorite playlist and then savors making dinner with the family. Later that night, Jordan sets a timer to stay focused and contain the time spent responding to end of day emails. Before bed, Jordan takes one final self-regulation pause, letting out a long sigh before turning out the lights and getting a restful night’s sleep. Net effect: Jordan’s workload did not change, but Jordan’s productivity, profession alism, and physiological health all improved. Instead of staying in prolonged upregulation throughout the day, Jordan’s small breaks make recovery and sleep much easier. Learning Together The most rewarding part of teaching this first-of-its-kind course was connecting with the lawyers and judges who showed up with the interest to learn the concepts and the cu riosity to practice the skills as a group. Their participation demonstrated that nervous sys tem regulation is a learnable, evidence-based

skill set—one that allows us to do good work while feeling good doing it. As one participant reflected, “These practices really work! My mind did not want to believe it, but I always felt better, more calm, and connected after each session.” Another shared, “It was incred ibly helpful to take the time to figure out how the body and mind can work together to keep me calm and focused to do my job effectively.” In a field known for stress and its toll on well being, these skills offer a path toward becoming “active operators of our own legal practice.” My hope is that with intention and time, they foster improved health, longer careers, and greater satisfaction in our work. n Laura Mahr is a North Carolina and Oregon lawyer and the founder of Conscious Legal Minds LLC, providing well-being consulting, training, and resilience coaching for attorneys and law of fices nationwide. Laura brings lived experience and compassion to thousands of lawyers, judges, and support staff each year in her writing, coach ing, and CLE trainings. Her work is informed by 13 years of practice as a civil sexual assault at torney, 30 years as a teacher and student of mind fulness and yoga, and ten years studying neuro biology and neuropsychology with clinical pioneers. If you would like to learn more about how to bring The Science of Steady to your firm or organization or how to reclaim your health through nervous system regulation, contact Laura at www.consciouslegalminds.com. Endnote 1. Window of Tolerance is a concept grounded in research on autonomic regulation and trauma responses popu larized through the work of Dr. Dan Siegel, clinical professor of psychiatry at the UCLA School of Medi cine.

stress; example: stretching, shaking out tension, or taking a few slow breaths between calls to restore focus. Connection with body systems —incor porating guided meditations to support stress affected systems; example: performing a brief body scan and consciously softening tight ar eas. Nervous system regulating practices —uti lizing intentional stress recovery tools to down or upregulate when stress arises; example: paus ing after a contentious call for three deep breaths to reset before the next task. By applying skills gleaned from these frame works while practicing law or adjudicating cases, lawyers and judges can become “active operators of their own nervous system” and utilize the skills to counteract the long term physical toll of chronic stress by integrating short practices into their day. Applying Frameworks to Workday What if Jordan, in the above example, had learned and applied these skills while navigat ing an otherwise “upregulated” day? Imagine this: Jordan starts the morning present with kids as they get ready for school before responding to overnight emails. Somatic intelligence: Reading the urgent threads, Jordan notices signs of tension and pauses for a slow exhale before responding, keeping communication clear instead of reac tive. The day shifts into drafts, revisions, and back-to-back calls. Expanded Window of Tolerance: During an intense midday negotiation that compresses

SPRING 2026

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