Posted by Arnie Herz on December 28, 2004
In the wake of the election-fueled lawyer bashing, it's great to find articles like this one celebrating practitioners who regularly give of themselves to better their communities. The pro bono efforts of the New York attorneys cited here are impressive. Like others, I believe that such volunteerism can't be mandated. But law schools and firms can, and should, sponsor educational forums on the many upsides of pro bono work. When I was a third year law student, I was very inspired by a school-sponsored program in which fellow students discussed their public interest work. So much so, that I quickly sought volunteer opportunities when I started as a Biglaw associate. And it's something I continue to enjoy today as pro bono outside counsel to an international humanitarian organization. I suppose that's why I'm a big believer in the old adage: If you plant a seed, it will grow.
Posted by Arnie Herz on December 23, 2004
With 2005 on the horizon and this blog's half-birthday just celebrated, I decided to update some of legal sanity's back pages and links. The new content, including a revamped "about the blog" page, reflects the evolution of my business in the last year. While continuing to provide legal services to corporate and individual consumers, I've spent a good amount of time and thought growing a diversified mediation practice that I find very rewarding. With a nice assist from legal sanity, my speaking and consulting career has also grown. This work revolves around a series of programs on remaking the everyday practice of law to achieve optimal outcomes, personal and professional success and work-life balance. The new blog material is up so, please, take a look. Your constructive feedback is always welcome. I wish everyone Happy Holidays.
Posted by Arnie Herz on December 21, 2004
Over at My Shingle, Carolyn Elefant introduces her latest column on growing and maintaining a solo law practice. The article sets out some common reasons why lawyers shun the solo career they really want. Nimbly navigating these potential roadblocks in turn, Elefant makes a convincing argument for making your dream solo enterprise a reality. I particularly like the closing paragraph, so I'll reiterate it here: "So, if you've been dreaming of starting your own law practice, let 2005 be the year you overcome what's been holding you back. I guarantee that when the year draws to a close, the only thing that you'll regret about the endeavor is not having done it sooner." Having moved from Biglaw practice through a small partnership and onto my current solo gig, I can say first hand that she's absolutely right. Solo work isn't for everyone and it certainly has its ups and downs. But it was always in my blood and I've never been happier professionally as I am now.
Posted by Arnie Herz on December 18, 2004
My friend Steven Keeva has written yet another insightful article on navigating the waters of lawyer life. This piece continues a conversation about why lawyers are usually "terrific at fighting and negotiating on behalf of their clients," but fare poorly "when it comes to taking care of their own needs." Keeva suggests some reasons for this apparent paradox: Personal concerns don't rank highly on the lawyer's "urgency scale;" neither law schools nor the practicing bar address the importance of self-care; lawyers tend to lose "a sense of context" in their own lives; the billable hour is a disincentive to taking personal time; and, being analytical by nature, lawyers aren't in touch with their feelings and needs. At this contemplative time of year, it would be great if each of us could come up with a few ways to really improve our self-care in 2005.
Posted by Arnie Herz on December 17, 2004
Earlier this week I attended another meeting of Flex-Time Lawyers LLC, the subject of this prior post. In my Web meanderings I also happened upon this article on building work-life balance through "flexible work options." The piece confirms information I've conveyed before. Although many lawyers like the idea of flexible work arrangements and an increasing number of firms are offering such opportunities, relatively few practitioners are exercising the option. Indeed, a 2003 survey by the National Association of Law Placement (NALP) showed that the "proportion of attorneys actually working part time [] was only 4.1 percent. That compares to 13 percent in 2002 in other professions, such as engineering and medicine, according to the U.S. Bureau of Labor Statistics." According to the piece, among other reasons, lawyers shun flex time work for fear of: receiving less challenging assignments; being slowed on or even removed from the partnership track; or becoming victims of -schedule creep, "in which [they] end up working full-time hours for part-time pay."
Posted by Arnie Herz on December 15, 2004
I've previously discussed the support network available to help lawyers dealing with alcohol and substance abuse, depression, stress and more. I know that the efficacy of any of these programs hinges on getting people to access them. But, I was genuinely surprised by this article's revelation that the Lawyer Assistance Programs (LAPs) in the attorney-laden part of New York where I work and live are vastly underutilized. Considering the cause of the problem, one program coordinator suggested that lawyers know about their offerings but are too prideful or arrogant to seek help. Yet another "regretfully called the available help the 'best kept secret' of the bar group." Leaders of my local bar association recently met to discuss ways to encourage more lawyers-in-need to seek assistance. I'll start by getting the word out here. Many bar groups have LAPs or lawyer assistance committees to help you through work-life challenges. Cases are kept confidential. The ABA's Commission on Lawyer Assistance Programs keeps a comprehensive listing of programs by state here.
Posted by Arnie Herz on December 13, 2004
Here's an article showing that, even in the dog-eat-dog legal world, a spoon full of sugar can help that medicine go down. It describes how the 450-lawyer firm Blank Rome "has banished boredom from its legal education curriculum" by adopting the motto "Fun and Games Can be Serious Business in a Law Firm." In one of its programs, associates and partners get together to play a board game called Anatomy of a Matter. In what seems to be a legal twist on Monopoly and Stratego, "players meet potential clients, snag business, work on matters, calculate profits and see how their efforts affect the firm's growth." This program and others sponsored by the firm derive from "adult learning theory, organizational psychology and educational programming." But the real-world takeaway for lawyers and staff alike is a boost in communication, interpersonal and other skills vital to their own and their firm's success in the law.
Posted by Arnie Herz on December 11, 2004
We all had ringside seats for some unbridled lawyer bashing during the recent presidential campaign. This article discusses the downward spiraling of "the lawyer in pop culture" from demigod to degenerate. According to the piece, today's negative film and TV portrayals of lawyers "are just symptoms of the precipitous drop in the public's perception of the legal profession over the past 25 years." The writer gives us some food for thought at the end of the piece: What will happen to the legal profession if the pernicious celluloid lawyer becomes so indelible in the public mind that consumers, jurors and others can't separate fiction from fact in dealing with real world practitioners?
Posted by Arnie Herz on December 8, 2004
I've drawn parallels between the legal and medical professions before. I'm doing it again. This New York Times article discusses what doctors call the "hand on the doorknob" phenomenon - the tendency for patients to stifle important information until they're halfway out the door of the doctor's office. Considering the cause of this phenomenon, the writer - a doctor - opines that perhaps "the formality of the standard doctor-patient visit precludes revealing such personal, vulnerable details." She goes on to state, "Maybe only when patients are fully dressed and standing upright, somewhat removed from the medical setting, if only by a few feet, do they regain enough humanity and strength to reveal such things." I do think that the fast pace and sterility of the typical medical visit has a chilling effect on these kinds of "personal" patient revelations. But the problem also exists because many doctors fail to take the time to look beyond the physical form in front of them to address the thinking and feeling person behind. The same holds true for the many lawyers who assess their clients' issues solely in terms of black letter rights and responsibilities. Overlooking or simply disregarding the large role that emotions, relationships, hopes and dreams can play in legal matters, they often misdiagnose the case and leave their clients wholly underserved.
Posted by Arnie Herz on December 6, 2004
The ABA's Young Lawyer Division (YLD) has unveiled a new member service project called Unlock Your Potential. The project "will focus on the various career paths available to young lawyers and will provide programming designed to highlight various career options." This year, the project addresses the ins and outs of creating a law practice so young practitioners can weigh whether solo work is right for them. The aptly named Hanging Out Your Shingle program launches at the ABA Midyear Meeting in Salt Lake City with a keynote talk by Jay Foonberg, author of How to Start and Build a Law Practice. You can learn more about the project and February 2005 meeting here (pdf).
Posted by Arnie Herz on December 3, 2004
A rousing two thumbs up for this innovation in lawyer life support. According to this article, the New York City office of Kirkpatrick & Lockhart has blazed a trail of sorts by hiring a "director of professional and personal life integration" to help its "lawyers successfully balance work, family responsibilities and other life and career changes." The firm sees this position as keyed to more than just good PR. It's "a way to safeguard the firm's investment in new associates, especially women and minorities." I think it's a terrific idea that hopefully will spark a trend in the legal industry. Even firms lacking a budget line for such a full-time post would benefit from hiring a part-time consultant or training existing HR or legal staff to provide this valuable support system.
Posted by Arnie Herz on December 2, 2004
Joy London, a knowledge and training manager with Allen & Overy and author of Excited Utterances, has an article on lawyer blogging in this month's Legal IT. I like her overview of the boons of being part of this blossoming cyber community. She really hits the mark by highlighting how blogs have made sharing information and ideas on all aspects of the law a largely stress-free and tech-lite endeavor. I'm flattered and delighted that she's included legal sanity in a roundup of her favorite U.S. blawgs.
Posted by Arnie Herz on December 1, 2004
I previously discussed the role of emotions in lawyering here and here. This article considers the same topic, opening with two interesting questions: "Should we allow our emotions to infiltrate our work lives?" and "Is it appropriate to counsel clients passionately?" According to the author, traditional law firms grab the baton from law schools in advocating "that emotional decisions potentially interfere with the problem-solving process" lawyers engage in every day. In heeding the call to emotionally distance themselves from their clients' problems, however, lawyers pay a steep price. The disconnect can cause "disproportionate levels of stress, substance abuse and depression." It also "may also hamper a lawyer's ability to recognize emotional influences in the adversarial process, limiting their negotiation skills or methods of resolution." The author believes that the current rise in female and minority clients and lawyers may "broaden the parameters of acceptable expressions of emotions and feelings." When compassion is an accepted counterpart to "analytical thought process," the piece concludes, we might see more effective and satisfied lawyers.
