PracticingLawSucks.com

Sleep ! What's that?

How long can (or will) this continue?

That's the question asked by many lawyers, particularly young lawyers, who (a) work 60-70-80 hours a week, (b) are constantly under stress, and (c) feel their body deteriorating as a result of their work routine.

Eventually, over time the body breaks down mentally, physically and emotionally according Jeremy Megroz, the owner of a Pizza restaurant in Irvine, California.

An article written by Blythe Bernhard appearing in the Orange County (California) Register newspaper on August 31, 2006 asks the question "Are workaholics putting themselves at serious risk when it come to health?"  Although many lawyers do not consider themselves to be "workaholics," their work habits are similar to those of workaholics.

It is interesting to note that, according to Berhhard, the average U.S. lifespan of 77.9 years lags behind 20 other countries.  And, a study at the University of California at Irvine indicated that working overtime is a risk factor for high blood pressure, which can lead to heart attacks, strokes and kidney disease.  Other studies have linked job stress to cardiovascular, sleep and mental disorders.

This article goes on to state that people who work more than 50 hours a week are nearly 30% more likely to report having high blood pressure than people who work less than full time.

Dr. Gerald Maguire of the University of California at Irvine says "It's not just the long hours, it's the lack of sleep.  We know that sleep deprivation can lead to mood disorders."

So, what's the antidote if you "must" work long hours?  Well, at least (a) take frequent short breaks by walking around the block, or around the office, or even around your desk; (b) get some real exercise - - go to the gym as frequently as you can; (c) combine some exercise with fun - - by playing a sport such as basketball, tennis, golf, and such, when you can; and, (d) relax in spurts - - by listening to music or doing some non-work related reading.  And, of course, get as much sleep as you can.  Nothing replaces actually getting sleep.

But then there are those who actually love to work long and hard.  The above-cited article quotes a gentleman who worked 80-hour weeks and loved it.  This gentleman stated "The more stress, the better I liked it."   Can you believe that?

We "want a life," revisited

One of our earliest posts (with the caption "Prospective Lawyers Tell Big Firms They 'Want A Life," posted in June 2007) cited a Wall Street Journal article that wrote about students from some of the nation's top law schools asking some prestige law firms to sign on to principles espousing a saner work environment for lawyers.

Now comes another article appearing the in Los Angeles Times on March 18, 2008 written by Molly Selvin, stating that some Stanford Law School students are also bent on taming the notorious workaholic culture of their future profession.

It indicates, as most of us already know, that young associates at many firms rarely see the inside of a courtroom and get little feedback on their performance, not to mention their lifetime of weekends and evenings in the office.

The article states that the Stanford students got law students at Yale and Harvard to join them in an organization "which is aimed at forcing law firms to change the way they hire and promote young lawyers."

The article states that some law firms are taking notice and, as a result, are building in more flexibility for young parents.  Other firms are pairing associates with mentors to help new hires.  And, a few firms are even modifying or abandoning the sacred billable hour in favor of a compensation scheme that eases the pressure on associates, even if it means senior partners earn less.  Can you believe that???

Experts say that this new focus is long overdue.  Overwhelmed and unhappy lawyers have long been the focus of legal writers - - as well as the focus of this blog.

But, according to Stanford law professor Michele Landis Dauber, there is little sympathy at most big firms for workaholic lawyers given the high starting salaries for new grads and annual per-partner profits of more than $1 million.

According to Professor Dauber, to keep profits growing, "law firms can either put more hamsters in the wheel or increase the number of hours the hamsters are running."  She states that associates at many major firms are currently expected to bill 2,200 to 2,500 hours a year, compared with an average of 1,700 hours in 1980.  And, when you add in work time lawyers cannot bill, many lawyers are toiling 60-70 hours every week.

Professor Dauber further states that such a crushing schedule requires sacrificing everything for the chance to become partner, even though the odds of making partner become slimmer.  She laments, "The hamsters (particularly, the female hamsters) are leaving the cage or getting flung from the wheel."

The "Senior Associate"

Becoming an "Associate" in a firm is a learning experience.

As one climbs the "associate ladder" towards Partnership, one develops considerable experience, skill and savvy - - or, at least, we hope so.

Tracy Evans Moyer wrote a great article that appeared in the Los Angeles Daily Journal (legal) newspaper on December 17, 2007.  She wrote that the role of a "Senior Associate" changes from that of a task-based attorney to one having management, marketing and decision-making skills.  This is what she says she learned as her role changed to that of Senior Associate:

1. FORESIGHT IS KEY: Foresight is critical when you have greater responsibility and discretion. For example, preparing a thorough case strategy early on and amending it periodically can be the difference between a good result and a great result.
2. EXTEND PROFESSIONAL COURTESIES: Extending professional courtesies to adversaries creates goodwill and an invaluable "chip" you can exchange for something you really need later.
3. BE A PROBLEM SOLVER: Because Partners who rely on you are incredibly busy, take the initiative to answer questions on your own.
4. TEACH "JUNIORS:" A primary goal should be assigning projects that will foster growth and learning to junior associates.
5. AVOID OFFENSE: Be politically savvy to manage those with more experience than you.
6. SEPARATE THE PERSONAL FROM THE PROFESSIONAL: The dynamic of a friendship changes when one must supervise and/or evaluate one's friends.  When having to do so, separating the personal from the  professional is key to minimizing resentment.
7. PRESERVE YOUR REPUTATION: Do no succumb to activities that will damage your reputation, as it is incredibly difficult to repair.
8. TRUST YOUR INSTINCTS: During your years of experience, you have developed skills and instincts which you need to call on and rely on from time to time.
9. EXERCISE HUMILITY: ...particularly when you are dealing with your supervisor.  It is important not to bruise the ego of a supervisor.
10. CONTINUE TO LEARN: It is easy to become complacent as a senior associate, particularly as you gain experience.  Fight this urge.  Every assignment is a learning experience.  Continue to learn from them.

Are you a walking "pressure cooker" ready to explode?

A PRESSURE COOKER, for those of you who have never seen a real one in action, is (according to Wikipedia): A metal vessel in which food, along with some amount of water, is sealed and placed on a heat source (e.g. a stove). When the water reaches the boiling point at atmospheric pressure, it begins to boil; but, since the produced steam cannot escape, the pressure rises causing the internal boiling point to raise. Once the pressure increases to the designed amount above air pressure, a relief valve opens, releasing steam and preventing the pressure from rising any further. The main advantage of a pressure cooker is that it cooks foods much faster compared to other methods. The main disadvantage of a pressure cooker is that if the pressure relief valve gets stuck or does not work properly, the pressure cooker will explode LIKE A BOMB.

Does that sound like the definition of any lawyers you know, or, worse yet, does that sound like YOU - - ready to explode?

The key element of importance to the pressure cooker is the PRESSURE RELIEF VALVE.  When that valve opens (allowing the internal steam to escape and the pressure to subside) the food is cooked and ALL IS WELL !

We lawyers, who are typically under tremendous pressures (e.g. time pressures; client pressures; court pressures; billing pressures; commitment pressures; etc, etc) also need a "PRESSURE RELIEF VALVE" of sorts.

We need something in our personal lives that allows us to reduce the pressures that we endure in our weekly (if not daily) routine.  The old saying "All work and no play makes Jack (or Jill) a dull boy (or girl) is so true.  But, worse yet, we might settle for being "dull;" but we certainly do not want that heart attack, stroke, case of ulcers, or an early death, that may be just around the corner for many of us if we do not ramp down our personal "pressure relieve valves" with something like exercise, short weekend vacations, an evening out with that someone special, or just plain walks.  If we don't, we will be like those (real) pressure cookers whose pressure relief values gets stuck and the entire cooker explodes.

We have all seen too many of our colleagues "explode" (or get seriously sick, or even die) when they have not backed off a notch or two.