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New ISBA committee promotes healthy living for lawyers

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Attorney Michael Gabovitch said he generally works from 8 a.m. to 7 p.m. Monday through Friday, plus a few hours on the weekend. The busy father of four doesn’t have much free time, but he’s found a way to make time for fitness.

Gabovitch used to exercise in the evenings. But because his office at Katz & Korin in downtown Indianapolis is just a few blocks from the fitness center in the OneAmerica Tower, he found that he could make better use of his time exercising during the day.
 

gabovitch-michael-mug.jpg Gabovitch

“Whenever I find I have an ability to sneak out for a little while, I head over there,” he said.

Gabovitch is among a handful of attorneys who use the equipment in the downtown gym. And incoming Indiana State Bar Association president C. Erik Chickedantz would like to see more lawyers finding time to get away from their desks.

Chickedantz has spearheaded the bar’s new Wellness Committee in an effort to promote a healthy lifestyle for attorneys.

“The idea behind this is not to tell judges and lawyers how they ought to live their lives,” he said. “But being a lawyer, being a judge is, for a number of reasons, a high-stress environment. High stress over a period of time has a lot of byproducts, and most of them are bad.”

To each his own

Mark Waterfill works in the OneAmerica building at Benesch Friedlander Coplan & Aronoff.

Three to four days a week, he puts in 30 or 45 minutes on the gym’s treadmill or elliptical trainer.
 

waterfill-mark-15col.jpg Mark Waterfill, partner at Benesch Friedlander Coplan & Aronoff, takes a late-afternoon break to exercise in the OneAmerica Tower fitness center. (IL Photo/ Perry Reichanadter)

“I’m not the picture of a fitness person – I’m a low-impact fitness person,” he said. “My doctor recommended, rather than trying to go on some kind of strict diet, to just try to make sure that I exercise at least 30 minutes a day, five days a week.”

The Centers for Disease Control and Prevention recommends adults get at least 2 hours and 30 minutes of moderate-intensity aerobic activity every week – and that could be walking briskly, riding a bike or pushing a lawn mower – along with muscle strengthening. Body-weight exercises like push ups and sit ups can be part of a weekly muscle-strengthening program. And while the CDC recommendations may sound overwhelming, breaking up exercise into 10-minute increments may make it more manageable.

Collateral benefits

In addition to feeling physically healthier, Gabovitch sees other benefits to regular exercise.

“Even more so than the physical benefit is just the mental benefits of knowing you’re doing something for yourself – getting exhausted and sweatinfitness-time.gifg is just therapeutic, and I think it helps keep you sharp not only physically, but mentally,” he said.

Taking time away from the office to exercise allows him to be alone with his thoughts, Gabovitch explained, while not having to worry about incoming calls or other matters.

“That time that I’m working out during the day is one of the few times during the day where I’m really by myself,” he said.

Chickedantz, who was a runner when he was younger but now gets much of his exercise through golf and trips to the gym, also understands the mental benefits of exercise.

“Google ‘regular exercise’ and ‘stress,’ and you’ll find that it helps reduce stress in most people,” he said. “It’s not rocket science.”

Chickedantz said that he admires the Indiana Supreme Court Judges and Lawyers Assistance Program. Attorneys who run afoul of codes of conduct and end up in JLAP support programs could possibly have avoided those problems by being better to their bodies – exercising, eating properly, drinking alcohol only in moderation and giving up smoking.

“(JLAP) gets involved when the horse has bolted out of the barn,” Chickedantz said. “So last year, we thought, let’s think of doing something proactive.” JLAP executive director Terry Harrell is a member of the Wellness Committee.

Chickedantz said that the Wellness Committee is still a work in progress, but it has developed a wellness plan law firms can adopt.

Wellness in the workplace

Stephanie Smithey, an attorney for Ogletree Deakins Nash Smoak & Stewart, often helps companies craft wellness plans, and it’s a practice that’s caught on in recent years, she said.

“In the early 90s, nobody ever talked about wellness plans,” she said. “After the 90s, you started hearing about this as a concept, and little by little, employers started initiating this in the workplace.”
 

smithey-stephanie-mug.jpg Smithey

Smithey, co-author of the Indiana Employer’s Guide to Workplace Wellness, said any company that is considering developing a formal workplace wellness plan – one that ties employee health to reduced health care premiums – should seek the input of an attorney familiar with that area of law. But plans that are not directly tied to insurer discounts are relatively easy to put together, she said.

“Let’s say you’re a law firm, and you want to have an annual wellness fair – that can be a very informal program,” she said. “There are going to be very few hoops to jump through.” But she said that if an employer were to offer a health insurance discount to someone who tests within a healthy blood pressure range, that would introduce a “whole range of laws” that employers would need to carefully consider.

Neither Gabovitch nor Waterfill work at firms with wellness plans, they said, although Gabovitch said he’s developing a proposal for such a plan to be implemented next year.

What’s next

The Wellness Committee kicked off events at the ISBA’s annual meeting this year with a 5K run/walk. About 40 people attended, and Chickedantz said, “We’re hopeful that a couple years from now, we may have hundreds.”
healthy-eating.gif
The committee will look at ways to partner with other similar events that already have a robust following, like the Susan G. Komen For the Cure race.

Creating and organizing new fitness events is a lot of work, and Indianapolis already has quite a few of those, Chickedantz said. “So our idea was to try to be a small-time collaborator with those events and try to get as many lawyers, judges, law students involved, and at least have a presence.”

Chickedantz said the committee is also working to develop wellness committees in Indiana’s four law schools because law students also encounter a lot of stress in their academic pursuits.

Waterfill said that lawyers, for their own well being, must learn how to break away from their work.

“We get so wrapped up in our work that, a lot of times, it’s hard to make yourself do that,” he said.

Chickedantz agrees that simply making a commitment to get moving can have a profound positive impact on personal health. For example, he said that regardless of anyone’s political views, people would be hard-pressed to disagree with the principles of First Lady Michelle Obama’s “Let’s Move!” campaign, which aims to curb childhood obesity by advocating for healthier eating and increased physical activity.

“If the whole society would pick up on that idea – and this is a big overgeneralization – the healthcare problems that we’ve got today, 30 or 40 years from now, would go away if people across the board would focus on wellness,” he said. “The best health insurance policy as far as I’m concerned is to not get sick, stay healthy.”•

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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