Practicing Law Sucks

Are you an EARLY MORNING person or a LATE NIGHT person?

Do you like to stay up late at night (possibly ALL night), or do you prefer getting up in the wee hours of the morning when the roosters crow?  There is a big difference - - as those of you who are one or the other know.

Late night people have no difficulty staying wide awake after midnight.  They relish their time alone and working undisturbed.  On the other hand, early morning people have no difficulty waking up (and getting quality work done) when most others are still sound asleep.

According to an article written by Melinda Beck that appeared in the Wall Street Journal on March 4, 2008, studies have shown that "night owls" are more creative, more flexible, and more caffeinated; whereas, "early morning people" are healthier, more conscientious and more emotionally stable.  The latter group are "not much fun at parties, but they run the world."

The problem arises when circumstances force one type of person to switch to become the other type. For example, when an early morning person gets a new job that is a Night Job; or, a late night person's company switches them to an early morning schedule. 

In extreme cases, night owls who stay up late, and need to sleep even later, are said to have "Delayed-Sleep Phase Disorder."  Extreme morning larks, who wake up before dawn and struggle to stay up past 8:00 p.m. have "Advanced-Sleep Phase Disorder."

Each extreme type either find careers that can accommodate them, or struggle to conform and often live sleep-deprived. 

It appears that each extreme has a different chronotype that is partly genetic and partly due to environment cues.

Apparently, whole industries exist to help shift-workers adjust to working odd schedules.  There are sleep clinics that help people with circadian rhythm disorders get back in sync.

Light seems to be a key factor in the body's circadian clock, which is centered in a tiny cluster of neurons behind the optic nerve.  These neurons receive light signals from the retina and, in turn, send signals to the pineal gland, which regulates melatonin - - the hormone what makes us sleep.  Darkness triggers the release of melatonin, while light suppresses it.

Natural light appears to be the most powerful, but artificial light in the evening also delays melatonin and slows down the circadian clock.

So a key part of one's sleep pattern may involve regulating light.  So, night owls might want to start dimming the surrounding lights in the evening hours to help them go to sleep at an earlier hour. Also, they should give up coffee after 6:00 p.m., and cut out alcohol- - which can disrupt sleep.  And, a cool, dark, quite place to sleep, free of cell phones, BlackBerries, text messaging, TV's, etc. helps one get an earlier, better night's sleep.

Experts say that the human body needs approximately seven to eight hours of sleep a night to maintain optimal alert levels during the day.  The idea that many people need just four or five hours of sleep a night appears to be a myth.

Sleep deprivation has been shown to impair memory, weaken the immune system, slow metabolism and spur insulin resistance, a precursor to diabetes.

So, we lawyers, who often brag about our "all nighters" in the office, had better wise up if we want to be in it for the "long haul."

Being "business-like" !

We continually hear comments like, "Law School taught me how to be a good lawyer, but I did not learn how to run a practice;" or, "Help, I'm a good lawyer, but a lousy business-person;" or, " I had no idea whatsoever that you had to know some business principles to be successful as a lawyer."

Few Law Schools teach lawyers how to run a law practice.  This may not present a major problem if the lawyer is in a medium or large-size firm; but, it is disastrous if the lawyer is "out on their own."

A solo practitioner soon learns that there is more to being a successful lawyer than knowing "the law."  Hopefully, they are a quick learner.  If not, their lack of business experience may prove quite costly.

But, there is hope (or help) out there !

There are:

• Colleagues, who might be more than willing to convey the benefit of their experience (and failures);
• Courses and classes, such as those that are given by the Small Business Administration; and,
• Some local Bar Associations that periodically conduct programs to teach business skills that are not taught in law schools.

But, some Law Schools (although, not many) do address the problem.  One for example was the City University of New York School of Law that conducted a business incubator program.  The program was aimed at helping and encouraging new lawyers to go into private practice on their own in communities where there are few lawyers, and where people cannot afford to pay substantial sums for legal services.

The program lasted 18 months, and offered training by experienced practitioners in building a law practice by drumming up business, keeping books and records, and hiring and firing - - things that all solo and small-firm lawyers need to know to survive.

If your local Law School does not offer similar business training, perhaps you could encourage them to do so. 

Why can't we all just get along?

Hooray for the San Diego (California) Bar Association!!!

As reported in the Los Angeles Daily Journal Newspaper on February 4, 2008, the San Diego Bar wants lawyers to act "nicer" to each other - - and to the Judges, as well.

That Bar Association launched a campaign to promote better behavior in the Courtroom, because they note that society in general has become less civil. The author of that article, Pat Broderick, states that the legal market place is becoming increasingly competitive and media images of warrior lawyers are stoking copycat rudeness in the profession.

ANY LAWYER, WHO STICKS THEIR HEAD OUT FROM UNDER THEIR PILLOW IN THE MORNING, CAN TELL YOU AS MUCH.

Broderick states that there has been a general sense, for a number of years, particularly in civil discovery, that there has been an increase in game playing.

The San Diego Bar has "tweaked" its code of conduct for the first time in twenty years.  And then, to go a step further, that bar showed its members a video of what really is civility and professionalism, and how it plays out in real life.

It was noted that when one lawyer refuses to extend a courtesy to another lawyer, that refusal can lead to the opposing lawyer to refuse reciprocal courtesies, which creates a heated adversarial climate that continues to spiral.

Kenneth So, Presiding Judge of the San Diego County Superior Court, stated, "As a general observation, lawyers many not be as civil today as they were 25 years ago."  That's no surprise to those of us mature lawyers who practice in major cities.

We all would prefer trying a case against a lawyer who is a consummate professional, rather than deal with a jerk who is lacking in civility.

Several of the causes may be that the legal profession has become much more competitive over the years, and there are a great deal more lawyers.  Also, judicial reality television and legal dramas may be negatively influencing both lawyers' behavior and what clients expect of their counsel.

But, in the end, it is up to each of us to establish the proper civil atmosphere both in and out of court. And, in court, for the Judges to create and enforce an atmosphere that will foster pride and respect in and for our profession.

You can't trust your Lawyer...

Apparently, you can't trust your lawyer...if you live in the State of Massachusetts.

In December 2007, a new directive by the Massachusetts State Insurance Commissioner went into effect directing insurance companies doing business in that State to notify consumers when settlement checks of at least $5,000 have been sent to their lawyers.

This new rule was meant to prevent a lawyer from stealing settlement money from their client, often after the lawyer resolved a legal claim without their client's knowledge or forging the client's signature on a settlement check.  Fortunately, these types of lawyers are few in number - - but enough to give the Insurance Commissioner concern, and the profession a bad image.

Apparently, you can't trust your lawyer...if you live in the States of Connecticut and Rhode Island, either, because those States have similar laws.

Opponents to the new Massachusetts ruling argued that having such a ruling gives the public the unfair perception that many lawyers are dishonest; however, they were out numbered.

What is the old saying about, "A few bad apples..." ?