October 3, 2022

Volume XII, Number 276


October 03, 2022

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Creatively Correct Re: Incubation at the Workplace

My wife knows the tremendous burden I must bear.

The burden of constantly being right.

About everything.

All. The. Time.


It has happened again.

Recently, in the Texas Lawyer, I wrote about how unforced time for incubation was essential to creativity. Allowing the brain to do seemingly nothing is the ingredient without which insight or inspiration will not happen.

But law practice actually discourages down time and "incubation." So, I tried to come up with ways we can preserve the brain space we need to be effective, like:

  • Setting aside time to sit and be quiet

  • Exercising or taking a walk in the middle of the day to re-boot

  • Weaning yourself from your computer screens

  • Learning to say no, so that each project gets the incubation time it requires.

Little did I realize the power of the Appellate Record echo chamber. In rapid succession, several pieces appeared in the New York Times or on the BBC confirming just how right we were. Check out:

  • Brain, Interrupted in the Times about how toggling between devices and distractions is impairing and reshaping our cognitive function.

  • BBC Radio 4's program about Digital Detox and why we need to control our devices.

  • This piece from the Times about how a walk through green space can ease brain fatigue and focus the mind, even in kids with ADHD.

  • And THIS PIECE from the times about the potential link between inadequate sleep and behaviors that doctors label as ADHD.

Preserve that creative stuff between your ears. As Vice President Quayle rightly observed, "What a terrible thing to have lost one's mind. Or not to have a mind at all. How true that is."

Now, pardon me while I check my Facebook

Copyright © 2022, Hunton Andrews Kurth LLP. All Rights Reserved.National Law Review, Volume III, Number 131

About this Author

Kendall M. Gray, Antitrust Litigation Attorney, Andrews Kurth Law Firm

Kendall is a board certified civil appellate specialist who has represented clients in state and federal appellate courts such as the U.S. Supreme Court, the U.S. Courts of Appeal for the Fifth, Ninth, Tenth and Federal Circuits, the Supreme Court of Texas and many intermediate courts of appeal. His practice includes a variety of complex commercial, medical malpractice and toxic tort matters, as well as a particular focus in disputes involving employee benefits, managed care and ERISA. The disputes commonly require complex written and oral advocacy on such topics as ERISA preemption,...