Practicing Law Sucks

Working from Home

The word is now official -- your firm is going to downsize -- not in the number of lawyers or staff, but in the amount of office space.

...and YOU have been requested to now work, at least three days a week, from HOME.

The question (you ponder) is: Is this a punishment or a blessing?

Regardless, this certainly is going to be a major change for you; particularly, since you are accustomed to spending the major portion of your life in your office at the firm's location.

There has been a great deal written on the subject of "Working at Home."  Some can make the transition; some cannot.  Most have no choice - - they MUST adapt !

A good article written by Elizabeth Garone on the topic appeared in the Wall Street Journal on April 29, 2008.  Ms. Garone gives several pointers for making working at home:

1) You must prepare yourself psychologically.  You must continually keep in mind that working at home is still a "job" - - it is not a vacation. It helps to keep this in mind if you were to establish a "real office" at home. Working from a soft coach in front of the TV will not do.

2) Take your time at home (and yourself) seriously.  It helps to dress appropriately.  Ms. Garone says that how you dress does influence how you feel and how you interact with others (from your home).  Also, you need to create a work structure for yourself and take it seriously along with a schedule that you need to follow.  It is suggested that you act as if you have simply relocated you office to another building.

3) Avoid isolation. It is easy to feel isolated from the world and, particularly, from the other lawyers who are still working back at the (real) office. To avoid this, meet a colleague for lunch, exercise at a health club, continue to go to meetings, and the like.

4) Keep your contacts.  Just because you are not in the (real) office does not mean that you cannot do most of the things that you would otherwise do.  From a practical matter, others (other than the members of your firm) will not know that you are not continually in your office unless you tell them.  And, what difference would it make to them, anyway?

5) Look at the positive side of it.  Change can be exciting.  It can offer new possibilities.  You may, without knowing it, be the envy of many of your colleagues back at the office who have not been given this opportunity.  Just think, they are under constant scrutiny (by others in the firm); you are not.

The Lawyer's Lament

It's a beautiful day today!  Your cases are going well!  You are not caught up (you never are), but you feel "on top of your game"  - - that is, until you get a call from your firm's best client (Mr. "X").

Mr. X, who is typically mild mannered, is screaming over the telephone.  He is madder than hell - - at his neighbor. He tells you that he has had "the last straw."

He tells you that he wants you to file a lawsuit against his neighbor.  He tells you that the cost and expense of the suit are of no concern - - "do what you have to do, regardless of the cost."

There is one problem, however, that YOU know of - - the suit is frivolous - - or, at best, not worth your time and the cost.

What do you do?

Do you risk irritating (or losing) your firm's best client?

Do you proceed, as instructed (particularly when Mr. X says, "name your retainer, I'll mail it to you later today")?

At the very least, you are going to lose some sleep over the matter - - if not actually, literally.

Medication - the Last Straw

As indicated in a previous post on this Blog, a John Hopkins University study indicated that lawyers suffered the highest rate of depression among workers in 104 different occupations.  Furthermore, a University of Washington study found that 19% of lawyers suffered depression as compared to only 3-9% in the general population.

Depression is sometimes defined as long-term sadness that inhibits daily life.

The medical experts say that if your sadness lasts more than two weeks (one sign of clinical depression), you should consult your doctor and you may require medication.  However, if your foul mood is SHORT-term, possibly due to having just had an appointment with your "client from hell," or having been chewed out in court by a judge known for their brow-beating style, the latest research (as reported in the February 2008 edition of BEST LIFE magazine) suggests that you try the following NON-medical solutions.

1) MIND YOUR CARBS.  Refined carbohydrates (white bread, sugar, pasta) digest quickly, triggering a spike in serotonin levels.  When those levels crash, so does your mood.  Whole grains and legumes (complex carbs) on the other hand, keep serotonin levels high.

2) EAT MORE FISH.  People who consume high levels of omega-3 fatty acids (in foods such as salmon and flaxseed) have more gray matter in the sections of the brain that are linked to emotional regulation than those who don't eat enough of this nutrient.  It is suggested that one try to get two servings a week, or 1,000 milligrams of fish-oil capsules daily.

3) RELAX.  It appears that people who meditate exhibit more electrical activity in the left frontal cortex - - an area of the brain associated with happiness.  One can apparently reap the same benefit if one sits down, closes their eyes, and relaxes for ten minutes.  But, telling most lawyers to "relax" may be like telling a fish to fly (other than a "flying fish," that is).

4) LIGHTEN UP (in the Winter).  It apparently helps people to stay positive during the Winter season if they spend 30 minutes a day in front of a 10,000-lux light box (which mimics sunlight and signals the body to produce serotonin)  - which seems to cheer them up one week faster than those who pop Prozac.

5) ...and, another, but difficult suggestion for many lawyers...GO TO BED AN HOUR EARLIER.  Night owls tend to be more depressed than early birds, according to a study at Stanford University.  One or two late nights won't get you down, but stringing them together into weeks can change your disposition for the gloomier (acording to Carol Ash, Medical Director of the New Jersey Sleep for Life Center).  It is recommended that one get at least six hours of uninterrupted sleep a night and establish a regular sleep schedule (including weekends).

Of course, all of the above are easier said than done.

...but, as the old saying goes, "A word to the wise..."

Know Thy Client

Supreme Court Justice Antonin Scalia, in the book that he co-authored entitled, "Making Your Case: The Art of Persuading Judges," encourages lawyers to learn as much as they can about the judge who will be deciding their case.

He suggests that the lawyer learn as much as they can from the type of cases and clients the judge had when the judge was a lawyer to the judge's favorite restaurants.

In other words, it is not enough that the lawyer know the law, or how to apply the law to the case at hand.  The lawyer should also know about the judge who will be deciding the case.

So, doesn't it seem a logical extension of this suggestion that the lawyer should also want to know as much about their CLIENT as possible - - preferably BEFORE the prospective client becomes an actual client?

The initial focus of too many lawyers is on (a) the case, and (b) the fee - - not necessarily in that order; but, not on the client, itself.

We think the preferred priority of focus should be on (a) the client, (b) the case, and then (c) the fee.

Many lawyers learn this lesson the "hard way."

Life can be wonderful !

It seems that lawyers, as a group, more than any other occupation, get totally engrossed in their work to the exclusion of most everything else.  Perhaps due to the nature of the work that lawyers perform, and the circumstances that surround their work, most everything else goes by the wayside - - family, relationships, health, community, fun - - everything but work.

Without going into why that is, most lawyers know one or more colleagues who are good examples of the foregoing statement.  Thank goodness that does not apply to the majority of lawyers but, unfortunately, it applies to too many lawyers.

A front page lead article in the May 2008 California State Bar Journal with the heading "Depression takes a heavy toll on lawyers," mentions a Johns Hopkins University study showing lawyers suffering the highest rate of depression among workers in 104 different occupations.  And, a University of Washington study found that 19% of lawyers suffered depression compared to only 3-9% in the general population.

Many of us learn too late, often as a result of having suffered a traumatic circumstance (e.g. a divorce, heart attack, ulcers, loss of a loved one, etc) that there is more to life than winning the office award for having spent the most time in the office or racking up the most billable hours.

Jan Vaughn Mock, a partner in the San Francisco office of Nossaman Guthner Knox & Elliott, writes in the May 19, 2008 Los Angeles Daily Journal (Legal) Newspaper that it took a broken leg in a ski accident to teach her that lesson.  She wrote, "ill-health sometimes teaches that there is nothing more important than life itself - with all its ups and downs - and the people in it." She further stated, "There is so much love and kinship and support and gratitude around us each day as lawyers, but rarely do we take the time to truly see it unless we are forced to."  She concluded, "Don't let it take an accident, or illness or disease, to remind you of what surrounds you each day - there is little else in life but the love and laughter we enjoy from our family and friends - don't fret so much over the billable hours, the originations, the collections - must we be reminded that, in the big scheme of things, these are among the least important things of all - we are blessed to be paid for doing what we love, it's a reward, and nothing more; but there are far greater rewards in life; keep it in perspective."

Michael Josephson, in a Commentary entitled "Live Backwards," asks the question: "If you died tomorrow, what would people say about you?  Would it make you proud of the way you lived and the choices you made?  If you want to know how to live your life, think about what you'd like people to say about you after you die - - and live backwards."

Josephson believes that thinking about the legacy we want to leave can help us keep our priorities straight. That when the end is near, it's not likely any of us will say, "I wish I'd spent more time at the office."