When you go on a family vacation, the people you live with have the opportunity to learn more about you and how you are feeling. And so it was in Oregon a few weeks ago, that my wife noticed my anxiety level. And when she noticed it, I began to notice it, also. And after I noticed, I began looking for the source. I’m not sure that I’ve found it. But I think I have a few leads.

For one thing, I have been devouring too much election coverage — way too much of it. So, I decided to do the one thing about the election that I could actually control. I voted. With that done, the media’s coverage was fairly irrelevant to me. With my vote already cast, no infomation could possibly influence it. So, I went the next step. I unsubscribed from the New York Times and deleted the app from my devices. When I woke up the next morning, I reached for the iPad to click the app. It was no longer there. Then I noticed that there was more of it on Facebook. So, away went went the app on my phone and iPad. Then there was Twitter. Away it went.

I happened upon a TED Talk by Cal Newport. He encourages his listeners to quit social media. I had his book on my shelf and re-read the chapter on quitting social media. Then I took stock.

I tried to weigh the benefits of it. I could not think of a single case I have ever brought in by being on Facebook or Twitter. I also could not think of a single case I had won because of it. Then I tried to imagine the time I have devoted to them over the years. So, then I took a radical step. I deactivated Instagram, Facebook, and Twitter. Those services have beeen gone now for two days. Before that, I had not logged in for about a week. If anyone has noticed my absence, they haven’t told me. The people who have needed to talk to me, have seemed to find me.

When I am writing a brief and I hit a rough spot, I find myself reaching for the phone for that quick hit of dopamine. And I realize it is not there. And I almost immediately let out a relaxing breath.

Something else I have done. I have installed an extension on Chrome called Inbox Pause. This nifty service allows me to pause incoming mail everywhere until I log back in and unpause it. I pull in emails every day or two and process it all at once. When the email is paused, it is not available on my phone. I put more thought into emails when I return them. Or I pick up the phone and respond. When I am tempted to seek answer to a question by email, I know that there will be a delay. So, I am either okay with it or I call the person. I find myself having more meaningful interactions. If someone has noticed my new email habit, they haven’t said anything. I have found that email is sometimes an exercise in avoidance. It can be a place to avoid a topic that should be tackled at a higher bandwidth.

Here is something else I have discovered. I find emails that seem urgent. Then as I scan my inbox or call the person back, they say, “never mind. It resolved itself.” Or “never mind. I found the answer.”

Yesterday and today, I sat to write a brief. I found myself in a state of enjoyment. When I’ve reached from email, Facebook, or Twitter, they have not been there. “Oh, yeah,” I have thought to myself before getting back to work.

I need to hang out with my family more. They are very good at noticing things.

 

p.s.

I don’t consider the writing of this blog to be social media. It’s long form and offers the opportunity to reflect.

The American Bar Association has released a formal ethics opinion regarding how far attorneys may go in monitoring social media postings of jurors.

Attorneys or their representatives may monitor any activity that is publicly available, but they may not “friend” a juror in an effort to monitor their private social media postings. Nor may attorneys use a third person to friend jurors.

Further, when lawyers find evidence of juror misconduct, there are certain times when the lawyer must report it to the Court and other times when he is not:

The final question the new ABA ethics opinion addresses is what a lawyer should do if he discovers misconduct by a juror during his Internet review. “Jurors have discussed trial issues on ESM [electronic social media], solicited access to witnesses and litigants on ESM, not revealed relevant ESM connections during jury selection, and conducted personal research on the trial issues using the Internet,” the opinion notes.
Under Rule 3.3(b), a lawyer has an obligation to inform the court when the juror’s conduct is fraudulent or criminal. But if the lawyer learns of juror conduct that violates court instructions to the jury but does not rise to the level of criminal or fraudulent conduct, it is not clear if he is obligated to inform the court, the opinion says. For example, “innocuous postings” about jury service, such as the food served at lunch, may violate the jury instructions but fall short of criminal contempt.

If, by virtue of monitoring the juror’s social media postings, the juror is alerted, the lawyer has not contacted the juror. Rather, the social media service provider has initiated the contact.
Continue Reading New ABA Guidelines on Monitoring Jurors Via Social Media