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Posted by Arnie Herz on February 4, 2010
The other day, I was on the phone listening to a caller I didn’t know talk about a banking service I didn’t need.
As my mind wandered to my long todo list, I started losing patience and getting annoyed with the caller and the person who had made the introduction. I decided to cut the conversation short by thanking the caller and extending an invitation to a fundraiser I was hosting to support relief efforts in Haiti.
Suddenly, everything changed.
The caller, Jefferson Crowther, responded to the invitation by telling me about his life commitment to The Welles Remy Crowther Charitable Trust, which he formed in memory of his son, who was his “closest friend in the world.” For the next 30 minutes, I listened with rapt attention as Jefferson shared the story of Welles’ extraordinary heroism on September 11, 2001.
A 24-year-old equity trader, Welles was working at the World Trade Center as the horrific events of the day started to unfold. Instead of fleeing the building, he spent the last hour of his life saving others. As chronicled in the New York Times, his courageous acts were characteristic of a man dedicated to being the best person he could be and helping others do the same.
I’m sharing this with you for two reasons.
First, it’s just one more reminder of the importance of truly getting to know people. Because of my own busy-ness and impatience (among other not-so-good qualities), I had quickly sized up Jefferson as someone who was irrelevant to me and my work in the law. Of course, he proved to be an immense inspiration. But, beyond that, he helped me reconnect with myself as a human being and a lawyer who wants to serve people in meaningful ways.
Second, I’m sharing this because the Red Bandanna Skate, an annual hockey fundraiser held in Welles’ memory, is coming up on March 20, 2010. It runs from 5-7 pm at Sport-O-Rama Ice Rinks in Monsey, NY. Proceeds from this event go to wonderful causes. Your contributions will mean a lot to Jefferson and the many people who will benefit from your generosity.
Posted by Arnie Herz on January 22, 2010
In my last post, I mentioned that I was participating in a Haitian earthquake relief fundraiser organized by my brother, Steven Herz, and his team at New York’s If Management.
On only 48 hours notice, over 200 people attended the event last night and raised more than $3,500 for relief work being done through the nonprofit Esperanza International Foundation. NBC News correspondent Jenna Wolfe spoke poignantly about her experiences covering the disaster. She left us with a deep impression that the images we see every day can’t possibly capture the real human toll and devastation in Haiti.
The evening’s tremendous success is a tribute to the generosity of many. It also evidences the importance and power of building and nurturing a vibrant business network. My brother has always been a skilled networker. But, much more than that, he’s always channeled this talent to benefit and uplift others.
If you’re interested, you can learn more about Esperanza’s Haitian disaster relief initiatives here and can make an online donation here.
Posted by Arnie Herz on June 8, 2009
Lately, when I’ve been out and about for business and socially, I’ve noticed that conversations often turn to the topic of happiness – what true happiness is; what makes us happy; what makes us unhappy (and variations on these themes). The topic also seems to be winding its way through the commercial space, where you’ll find sentimental/upbeat ads like this one from Allsate and this from Target. I suppose this all makes a lot of sense. When we’re challenged in our lives – physically, emotionally, financially, spiritually – we start asking the “big questions” about meaning and fulfillment.
In its first incarnation, this blog focused quite a bit on the malaise plaguing the legal profession and people who inhabit it. As part of my investigation into the problem and search for solutions, I read and commented on the rocky road to lawyer happiness. In one of the more recent posts on the subject, I mentioned the important work attorney Daniel Lukasik is doing through his website, Lawyers with Depression.
Part of decoding happiness in any given population is getting an honest accounting of what might put that milestone out of reach. Daniel offers us that candid insight via his website and new companion blog. You can gain additional insight from lawyer Timothy A. Tosta’s article on Overcoming Stickiness, this post on lawyer burnout and this article offering help for attorneys in crisis.
Posted by Arnie Herz on May 27, 2009
A couple of months ago, I wrote a post around this question: What inspires you in the law and in life?
I’m very drawn to the topic, and exploration, of inspiration. In these uncertain times, discovering what inspires us can be both grounding and uplifting.
Over at her blog, Build a Solo Practice @ SPU, Susan Cartier Liebel tells us about the lifelong inspiration she’s gained from her mom’s aversion to the words “I Can’t." We can also find inspiration in great design and natural beauty.
Some times, when we’re feeling particularly challenged professionally or personally, inspiration comes in the form of another human being; a friend, colleague or total stranger who gives us a sense of hope or much-needed perspective on the possibility life holds. My mother recently sent me a video story about golf enthusiast D.J. Gregory.
Born with cerebral palsy, the 30-year-old, against all odds, walked every hole of every 2008 PGA tournament. In all, he traveled through 44 tournaments, 180 rounds, 3256 holes and over 900 miles on foot. I was so inspired by his story and believe you will be, too. Watch the video. It's well worth the 12 minutes.
Posted by Arnie Herz on May 13, 2009
No. It’s not a typo. Although I practice both, this post is about meditation, not mediation.
Meditation has been a regular part of my life for over 20 years. It’s helped me weather many a flurry personally and professionally. It’s also given me a mental focus and flexibility that makes me a better advocate for my clients. I’ve written a couple of articles on meditation basics. You’ll find other helpful insights in this Michigan Bar Journal article (pdf) and this piece from The New York Law Journal (featuring …… me).
If you’re in the NYC area this Sunday, May 17, 2009, I’m giving a meditation workshop with my good friend, Eileen Feinman at Yoga Life in Port Washington, NY. The venue is close to the LIRR train station and all major highways and there’s plenty of parking. Port Washington is a beautiful waterside town with lots of great restaurants and shopping. For more information, you can contact me or call Yoga Life at 516.767.9642.
Posted by Arnie Herz on April 14, 2009
Authentic. Transparent. Human.
These three words come up again and again in conversations about creating and sustaining business relationships in the current marketplace. For lawyers, this really isn’t about a new way of relating to our clients, prospects and colleagues. It’s about getting back to our roots as service providers and connecting with the people behind the legal matters we take on. The practice of law has always been about helping people solve problems, overcome challenges and meet goals. But, somewhere along the way, the legal profession (with the help of law schools) lost sight of its human nature.
Over the years, I’ve posted on the importance of bringing ourselves back to our work so we can authentically relate to our clients and others:
In his new book, Fuel the Spark: 5 Guiding Values for Success in Law & Life, Colorado attorney Kevin Houchin shares practical wisdom on cultivating an authentic life in the law. Legal Sanity Co-producer Lori Herz asked Kevin for his thoughts on (re)designing the lawyer-client relationship for a better client experience.
LH: You set out five guiding values in your book: Accept; Show Up; Pay Attention; Many irons In The Fire; and Stewardship. They’re all relevant to cultivating a meaningful life in, and outside of, the law. But, I’d like to focus on the first one – Accept. In the chapter on this guidepost, you write something that I find particularly compelling:
“There are many things about the legal profession you must simply accept because you cannot change them. But there are also many things you can change because you control your outlook, your goals, and your choices. To maintain balance in your practice and your life, you must first identify what you are willing to accept and what you are willing to accept the responsibility for changing.”
How do you think this pertains to the way lawyers can connect with clients and others in everyday practice?
KH: The possibilities here are as endless as the combinations of lawyers, clients and matters.The first level of this value aims to help us think about the types of cases we take on and what that means to society. For instance, I don't accept criminal or divorce cases. Accordingly, since I don't accept personal responsibility for changing those situations for those clients, I have accepted to let those situations exist as they are - hoping other attorneys will accept the responsibility to take the necessary steps to help society.
At the next level, we can choose how we will interact with our clients, but it's important that we don't judge either our clients or ourselves too harshly. Each client is different, some are very business-like and don't want a lot of small talk, especially if they think the "clock is running.” Others simply want someone to listen to their full story and empathize, even if we could jump in with the answer after only a few minutes. I talk a little bit about this in the section discussing my theory that to receive respect from our clients and peers, we must first surrender our instinct to judge.
LH: Yes, in that section you encourage us to identify what we must surrender in order to receive the changes we want in our law practice. As an example of this surrender-to-receive dynamic, you write:
“When you surrender judgment, you automatically open up to the possibility that the other person is worthy of respect. In turn, that makes it easier for the other person to open up to the possibility that you are worthy of respect.”
I really like this couplet. I call this “mutuality” in business relationships – a genuine kind of give and take. Is this what you’re getting at?
KH: "Mutuality." I like that word. I hadn't thought of it exactly that way, but it works. To some extent, we have to put ourselves emotionally in the trenches with our client's immediate challenge. When they know that we are with them emotionally, as well as physically and intellectually, something changes. The trust deepens. As I discussed before, I don't take on criminal cases because I don't know if I could let myself be that open to the client in those situations. That's just me. The important thing is to know yourself well enough that you do your best to only take on cases where you are able to form this kind of emotional bond with your client. It helps you be a better lawyer, and on a practical note, it will shorten the time it takes to get paid for your work because the client knows you're not just helping them for the money.
LH: To surrender our judgment in the lawyer-client relationship, we need to really listen to our clients and not talk over and around them with a deaf ear. This syncs with another of your guiding values – Pay Attention. You write:
“We sometimes deal with clients during very difficult times in their lives, so paying attention to how they are saying something may allow you to alleviate some discomfort, heal some harm, remove some shame, and get to the bottom of the problem.”
Can you share a personal experience with this?
KH: The simplest thing happens fairly often in my office because I'm a true solo and do not have a receptionist. The phone will ring in the middle of a meeting and my client might look at me with some surprise that I don't move to answer it. This gives me a chance to let them know that I'm paying attention to them in the moment. Take it a step farther and you're squarely in the active-listening techniques. In those active listening situations, you find the chance to make the emotional connection. Showing that you have personally made the same mistake the client made in a situation, letting them know they aren't stupid, or that others have done the same thing pretty often removes their shame and fear and helps you start solving the problem. The next step of paying attention is watching for ways to help your clients when they're not in the room - referrals or becoming a fan of their product on Facebook are good examples. Following them on Twitter is another. Basically, becoming their friend instead of just their attorney will go a long way toward helping you be a better lawyer. It will also bring you more business and help you reach your own personal goals for success.
LH: Kevin, thanks for sharing your thoughts on client service and helping us cultivate legal sanity. We wish you all the best with your new book.
Posted by Arnie Herz on March 12, 2009
Many of the lawyers I talk to share that, at some point on their legal career path, they’ve realized that they’re uninspired by their work. For some, this realization has led to a job or career change. For others, it’s the start of long-term discontent.
Recently, my daughter showed me an assignment from career week at her middle school. She had explored some career options and settled on a couple that really appealed to her. Both were in what I refer to as healing professions. When I asked why she chose them, she replied that she was inspired by the prospect of helping people understand, and feel good about, themselves.
That night, I found myself thinking a lot about inspiration - how crucially important it is to our success and happiness in and outside the law. Coincidently (or not), I was checking my RSS feeds and came across a captivating post at Garr Reynolds’ Presentation Zen. It was about the presentation that oceanographer Sylvie Earle gave at this year’s TED Conference.
Earle is an engaging speaker, to be sure. But, watching her talk, what’s most palpable and moving for me is how inspired she is by her work exploring and protecting the earth’s oceans. I find her inspiration contagious.
Posted by Arnie Herz on February 26, 2009
When we are no longer able to change a situation, we are challenged to change ourselves.
~Victor Frankl
I’ve always been drawn to this quote. When faced with hard times and uncertainty, I think it’s human nature to look around us and think: “If I could just change this [job, relationship, assignment … you fill in the blank] things would be better and I’d be happy.” There’s a real lure to focus on the external circumstances of our lives when we’re feeling off kilter. And, truth be told, sometimes, changing those circumstances offers real relief. But, there’s bound to be another challenging situation to face and then another and another.
That’s where the meaning of Frankl’s quote lies for me. Eventually, in looking to change our external situation, we come to see that the change really starts with (and within) us – with shifts in our attitude, understanding, perspective and self-perception.
Almost a year ago, I stopped blogging here at legal sanity. It wasn’t a premeditated decision. It happened pretty organically in response to the increasing demands of business and life. Once I stopped blogging, I figured that I’d just devote the freed up time to addressing and alleviating some of these work-life demands. As you might guess, things didn’t go exactly as planned. Especially with the economic and market downturns, the demands I was experiencing remained just as demanding.
In the midst of all this, I realized that I missed posting and engaging with the community of bloggers.
So, on a recent afternoon, I sat down at my computer, went to legal sanity and spent some time in the archives. I noted the topics that still held interest and excitement for me and ones that felt tired and weighty. I also asked myself some questions about the direction of my training and development business and the book project I’m involved in. Broadening my focus, I thought about all the new and seasoned lawyers who, like me, are trying to achieve in a particularly challenging profession in particularly challenging times. How could I best support them? What information would they find meaningful, relevant, practical and timely?
After some time, I came away with a new vision and roadmap for this blog. While it will have the same look and voice, the content will focus on mentoring and coaching lawyers to embrace change and get unstuck so you can work smart and live fully. Drawing from different fields and disciplines, I’ll present motivating and inspiring articles, interviews with experts and other material to help you build your knowledge, skills and confidence as a firm or solo practitioner.
All of the archived content will remain on site, as will the original content categories. I’ve added some new categories to organize the fresh posts. They are:
- Business relationships
- Career strategy
- Managing + marketing yourself
As in the past, legal sanity continues to be part of a group of offerings. There will be a companion monthly e-newsletter and complementary training and development opportunities presented through an updated legal sanity programs. Also, as always, you’re essential to what’s happening at legal sanity. This is an open forum and an ongoing dialogue. The blog comments are activated and you’re welcome to email me with any questions and ideas you have for posts and newsletter content.
I’m very happy about these changes and look forward to recreating legal sanity with you.
Posted by Arnie Herz on March 31, 2008
A few weeks back, I wrote about the importance of
creating a connection culture in the law . One of the best ways for law firms to create connecting points for their lawyers is to gain insight into points of disconnection. As I’ve previously noted, two frequently cited
causes of lawyer disconnect are the competitive nature of the business and long working hours.
According to a post from
Chris Bailey at the always-interesting
Bailey Workplay blog, another major cause is
invisibility. Bailey attributes this problem to incompetent leadership. Specifically, he asserts that managers can do a lot of damage when they ignore employees. Ignoring actions, in turn, can take different forms, including:
- Not acknowledging contributions
- Not recognizing expertise
- Not seeing the individual worth
As this
post from Matt Homann suggests, anxiety can also promote lawyer disconnection. Homann points to a Harvard Business article that tells us
How to Deal with Anxious People. The piece leads with an anatomical fact: When we’re anxious, our minds constrict and we’re more apt to cut off our rationality and act impulsively. Consequently, law firm leaders looking to alleviate anxiety – and the disconnection it can foster – need to talk
to or
with anxious lawyers rather than
at or
over them.
The article goes on to instruct that the best way to navigate these challenging talks is to observe the anxious person’s body language. People who feel that they’re being talked over will “leave the conversation at the earliest opportunity.” When they’re talked at, people tend to tuck their chin down or stick it out to show that they’re intimidated or ticked off, respectively. By contrast, when you talk to an anxious person, they’ll “nod from the neck up.” Similarly, someone who senses that they’re being talked with will usually relax their shoulders and neck, “as if you've told them: ‘It'll be okay. We can work this out.’”
Posted by Arnie Herz on January 30, 2008
In the last several years, I’ve logged a lot of online and offline hours learning, thinking and teaching about
work-life synergy for lawyers (pdf). Although different issues converge under this umbrella, one topic that garners a lot of attention is flexible work options. It’s something I’ve addressed in posts on:
About a month ago, I came across a boston.com article on
workplace trends for 2008. In it, columnist Maggie Jackson declares: “Fluidity is in. Piecemeal flexing is out.” She’s referring to a movement in corporate America to retrain the focus away from flexible work programs and towards the more fluid “Mass Career Customization" (MCC).
Championed by
Cathleen Benko of Deloitte & Touche, MCC presumes that, today, more and more employees want to tailor their careers by “periodically adjusting their work pace, job setting and schedule, workload, and company role.”
After reading the article, I went over to Deloitte’s website and continued my MCC studies through a podcast that explores how
MCC is not just a women’s initiative. Given the emergence of a
dual-centric workforce, career customization serves the needs of men and women alike. I also vetted this series of in-house articles on
Building a Lattice Organization. (The MCC model can be visualized as a career
lattice - with numerous paths leading to different kinds of success – as opposed to a career
ladder.)
In the wake of this education, I started considering the ways MCC might play out in the legal profession. Law firms aren't known for being early adopters of new workplace trends. That’s why it was so interesting to read a recent New York Times article – aptly titled
Who’s Cuddly Now? Law Firms – that profiles a new proposal to bring customized career tracks to the law.
The proposal, called FACTS, is the brainchild of work-life consultant
Deborah Epstein Henry. Henry doesn’t propose that firms do away with the billable hour. Rather, she suggests that they move from a liner to a more fluid billable hour model that recognizes how lawyers’ work-life needs may change at different stages of their careers. The acronym FACTS reflects the variety of work hour modes that Henry envisions:
To learn more about the FACTS, you can read
Henry’s article outlining her methodology (pdf). Those of you in the New York area can join in the conversation when Henry presents her program on Monday, March 3, 2008. To learn more about the program and register for it, visit
Flex-Time Lawyers.
Posted by Arnie Herz on January 24, 2008
It’s probably no mere coincidence that at a time of
political challenge and
economic uncertainty in the United States, there’s been a flurry of coverage on the subject of …
happiness.
For some time now, I’ve been intrigued by the science and study of happiness, as evidenced in this post on
the road to lawyer happiness and this one that puts l
awyer happiness under the microscope.
So, I eagerly read a pair of recent
Christian Science Monitor articles on the subject.
The first piece - titled
Actually, Happiness Isn’t Within - challenges the “firmly held and particularly American belief that happiness” is an internal quality; a state of being, or wellbeing, that we cultivate from the inside out. Citing new findings by social scientists, the article asserts that our happiness is a byproduct of external factors. Topping the list of those outside influences “is the quantity and the quality of our relationships.” (Journalist Penelope Trunk echoes this point in a post that offers a few tests for discerning
what we need to be happier.)
Given this new happiness formula and the amount of time most of us spend on-the-job, it stands to reason that our happiness must be strongly linked to the quality of our work environment and business relationships. If we’re routinely unhappy doing what we do for a living, it’s a sure sign that these external components are unhealthy and stacked against us.
This is the underlying message of
Alexander Kjerulf’s CSM commentary on
cultivating happiness at work.
According to Kjerulf, it’s the norm for U.S. workers to be dissatisfied with their jobs. That’s because managers and employees alike fail to make workplace happiness a priority. This isn’t a
gosh, well, I guess that’s too bad fact of life. As Kjerulf puts it: “Hating your job is not an inconvenience, it's a serious problem. It can cause stress and depression. Ultimately, it can kill you.”
Lawyers should be acutely aware of the seriousness of this issue. As
Sue Shellenbarger (pdf) writes in an article on
Lawyers Opening Up About Depression, studies have found that about “19% of lawyers suffer depression at any given time, compared with 6.7% of the population as a whole.” While some might question the exact correlation between career stresses and depression, it seems that it’s
well accepted that the “practice of law, with constant conflict and billing pressures, can take a toll.”
Attorney
Daniel Lukasik contacted me last week to let me know about a
website he’s launched to support himself and other lawyers who are living and coping with the day-to-day realities of depression. I checked it out and it presents as a terrific and much-needed resource.
For another perspective on lawyers and depression,
Stephanie West Allen points us to a new book exploring the “benefits of negative emotions” and “how we might view depression in a more constructive way.”
Posted by Arnie Herz on January 10, 2008
Kevin O’Keefe and
Carolyn Elefant , among other bloggers, recently posted about this
New York Times piece on the diminishing lure of the law. I read the article when it first ran and liked it a lot. But, the news it imparted was not earth shattering by any stretch.
For years, theorists, academics and others have been decoding and commenting on the root causes of lawyer discontent and attrition. When
legal sanity launched in 2004, one of its
main objectives was to highlight their work and related efforts to remedy an ailing legal profession. Since then, coverage here has included posts on:
Threading through the broader conversation about life in the law today – and echoed in the New York Times article - is the realization that the legal profession is out of step with larger social-cultural-generational shifts towards creative personal and business pursuits. You can sample some of the discussion on the new “Creative Age” through these posts:
The lingering question for law firms and practitioners alike is
how to bring more creativity to the everyday practice of law. The first step, of course, is to acknowledge the creativity deficit and the problems deriving from it. From there, firms could take it to the people and ask their lawyers what kind of creative outlets and opportunities they’d like to have on the job. Beyond getting this direct input, firms could demonstrate their commitment to creativity through policy and marketing initiatives.
For some inspiration, firms can look to resources like this article on
creativity and success (emphasizing the “simple and wonderful truth that all people have the capacity to be creative”) and this terrific
marketing-lateral recruiting campaign from Chicago’s Ungaretti & Harris.
Posted by Arnie Herz on December 31, 2007
My friend and business associate
Keith Ferrazzi emailed me about his goals for 2008. He shared his belief that, “to be a successful goal-getter,” we need to take a few preliminary steps.
First, we have to define our goals. Keith believes that goals usually fall into one of seven categories (he calls them the “seven aspects” of our “personal success wheel”):
Step two is to make sure that the goals we define are SMART, which stands for:
The third step in Keith’s goal-getting approach is a crucial one. We need to get some positive reinforcement by asking three friends to be our “accountability buddies.” The idea is to create a vibrant support network so that no one has to go it alone and everyone stays accountable.
To help us take these steps, Keith and his team have created an application called
Goal Post that’s housed at
Facebook, the social networking site. According to Keith, Goal Post is “an easy and visual way to set your goals, choose your accountability buddies and keep track of your progress.”
If 2007 found you questioning your job or career path, you can find some guidance and inspiration for the coming year in
Curt Rosengren’s new book,
101 Ways to Get Wild About Work.
I was fortunate enough to receive and review an advance copy of the book. Curt offers a lot of practical insight and action points for reenergizing our current work or reorienting towards a different job or career that rewards us on many levels – financial, emotional, intellectual and spiritual. There’s a hefty helping of material here. But, Curt makes it very easy to consume by breaking it down into bite-sized tips, ideas and inspirational perspectives.
I wish you all a happy, healthy and meaningful 2008.
Posted by Arnie Herz on November 28, 2007
The other night, my kids turned on one of the made-for-T.V. movies that abound this time of year. It featured siblings who live in a beautiful home filled with all the latest toys and gadgets. Despite the material bounty around them, these T.V. sisters were enormously unhappy because they lived with a disinterested dad and an ogress of a step-mom.
On the one hand, this was a predictable and contrived storyline. On the other hand, it carried an important message: it's the people, and not the things, around us that usually determine our longer-term happiness and fulfillment.
This was the message underlying a post I wrote on
toxic law firms. It also runs through this
Be Excellent synopsis of a
Gallup survey that explored how the employee-manager relationship affects employee engagement.
This same message came to mind when I read a recent New York Times article titled:
For Lawyers, Perks to Fit a Lifestyle (also vetted by Gerry Riskin at
Amazing Firms, Amazing Practices). Noting that associates are “routinely jumping ship to go elsewhere,” the piece describes the material perks some firms are offering to “create a workplace that caters to their young recruits’ wants and needs, while freeing them to bill 60 hours or more a week.”
Among the perks cited are:
All these offerings can reduce stress and overwhelm to some degree. But, I wonder if they make any real difference in firms where associates work long, grueling hours for abrasive partners who give them little to no acknowledgment or constructive feedback.
Posted by Arnie Herz on October 18, 2007
Work and life have kept me out of the blogging groove of late. Vetting the feeds and alerts I use to keep pace in the blogosphere, I found several great posts and articles revolving around the theme of
the workplace.
Here’s a roundup of my favorites:
Addressing the popular topics of employee attrition and retention, a
CareerJournal.com article offers
Six Reasons Top Performers Seek Out Greener Pastures. The first reason cited is a lack of rewards for good behavior. This is not about some childish need. People – mature, intelligent, responsible adult people – want to be visible and acknowledged for their efforts; especially when those efforts “promote the success of the whole company.” As the article suggests, giving monetary rewards like bonuses are just one of a number of ways that firms can recognize and honor their stellar performers.
As much as some top performers need to be honored, others need to be reeled in or shown the door. That’s the message conveyed in this
lawjobs.com piece about
firms with strict no-jerks rules. Recognizing the deleterious effect that bullies and abusive egomaniacs can have on the work environment, some law firms are “reforming their hiring and firing policies to follow one simple guiding tenet: no jerks allowed.” Notably, rule breakers aren’t excused because they bill a lot of hours or generate substantial business. The damage they do to morale and their firm’s business bottom line far outweighs any of their personal contributions to the practice.
If given the choice, most of us would prefer to work in a jerk-free environment. According to a survey profiled in another CareerJournal.com piece, we’d also like to have
creative outlets on the job. Although 88% of the survey participants responded that they have creative personalities, only 63% deemed their job a creative position. Tacitly acknowledging this “creativity gap,” 22% of the respondents said that they would leave their job for more creative, but lower-paying work. According to one quoted source, the kind of workplace creativity people likely have in mind is “an aspect of the job that allows [them] to express their personalities or challenge their intellects.”
Our drive for creative outlet in the workplace mirrors larger cultural and economic movements towards
valuing creativity . These trends have been chronicled by economist
Richard Florida in his seminal book,
The Rise of the Creative Class, and in writer
Dan Pink’s excellent book,
A Whole New Mind.
On a final and more personal note,
Curt Rosengren profiles my e-book on cultivating work-life synergy at his new blog,
The M.A.P. Maker. Curt offers insights and commentary on creating a life of meaning, abundance and passion (hence, M.A.P.). I encourage you to add his blog to your feeds. Thanks, Curt, for the acknowledgement and another thanks to
Judy Martin for bringing my work to Curt’s attention.
Posted by Arnie Herz on September 28, 2007
"We want employees to have an experience that revitalizes them and changes their thinking – that brings them back with brand-new ideas and perspectives. If they're not growing as people, we're not growing as a company."
When you read and re-read this quote, what does it trigger for you? What kind of business leader do you attribute it to? Most likely, you can envision the statement coming from the top tier of a progressive, worker-centric company like
Apple or
Yahoo.
But, these words were spoken by lawyer
Lee S. Rosen, CEO of the
Rosen Law Firm. Rosen is one of the employers featured in a recent
Christian Science Monitor article on
the benefits of employee sabbaticals.
Borrowing a custom from academia, some corporate employers are offering these paid and unpaid time outs as part of their employee recruitment and retention efforts.
Rosen encourages his employees to use the time to “do something that’s
meaningful to them” (the link is mine). Lisa Angel, a Rosen lawyer who’s profiled in the piece, says that she “needed a change from the rigors and emotions” of her work in divorce law. She spent her 3-month sabbatical traveling solo in China and Southeast Asia. The time away, she asserts, changed her “perspective about the balance of work and life and “enabled her to continue practicing law.”
Offering sabbaticals is one way that law firms can foster a culture of meaning and nurturing. Complementary avenues of cultural change in the legal profession will be explored at Touro Law Center’s upcoming conference on
Law as a Healing Profession.
The conference takes place on November 4-5, 2007 at Touro’s campus in Central Islip, New York. I will be there as a keynote speaker and panelist. To see the roster of other presenters and for more information, you can
view the event brochure here (pdf).
Posted by Arnie Herz on March 16, 2007
One of the inroads to creating work-life synergy in the law (pdf) is flextime work. I’ve covered this topic before, particularly in connection to the challenges faced by women lawyers. Lately, I’ve come across a number of articles and other commentary on the feasibility of these alternative work arrangements. Here’s a sampling of them for you:
• How to Ask About Flexible Hours
• Women Executives Discuss Flex Schedules
• Flexibility As a Key Talent Management Strategy (via the Job Blog)
I think these pieces team well with this set of compelling articles and posts on women engaging life in and out of the full-time paid workforce.
• The Job Without Benefits
• Don’t tell me about admirable moms
• Hiding behind data about extreme jobs
• This One’s For All Of You Neglectful Moms
Through Lisa Solomon at Legal Research and Writing Pro, I learned of an interesting new effort called Ms. JD. Still in beta version, this is an online community started by a group of female law students concerned about “the rates at which women opt out of the legal profession, the lack of representation of women in the highest courts and echelons of the legal community, and the role of gender in the progression of many women’s legal careers.”
In addition to providing a cyber forum for dialoguing and networking, Ms. JD will formally launch at Legally Female, a national conference to be held at Yale Law School on March 31, 2007. You’ll find registration information here .
Endnote: After writing this post, I checked my feeds and saw that Carolyn Elefant of My Shingle published a post today on work-life balance that mentions Ms. JD and asks readers: “Have you found the elusive work life balance or do you feel that you're burning the candle at both ends?”
Posted by Arnie Herz on February 28, 2007
I went off the blog track for a bit to be with my family during the kids’ school break. In that time, I was invited to give programs on work-life synergy at the University of Michigan (my undergrad alma mater) and on business relationships at Harvard Law School and New York Law School. The latter two programs are geared towards helping students navigate the often challenging transition from academia to life as practitioners.
I’m excited about this opportunity because law students are very interested in exploring the idea that work can be financially rewarding and meaningful. As I’ve noted before, meaningful work and work relationships are energetically filling rather than depleting. They uplift us and gives us a sense of wellbeing and contentment.
These bright and motivated students likely know the statistics on lawyer attrition. But, they may not be aware of the steps some firms are taking to address this problem through lawyer engagement and experience management.
This law.com article on upward reviews sheds light on one of these initiatives. Upward reviews give associates an opportunity to “provide input on the management and leadership performance of partners with whom they regularly work.” In turn, partners learn how they can “improve their management skills and retain top talent.” It’s a win-win proposition.
Dan Hull adds to this conversation at his blog, What About Clients? He suggests that everyone – firms, clients and lawyers – benefits when firms compel junior associates to regularly share their thought processes with the senior attorneys they work with.
Posted by Arnie Herz on February 20, 2007
I've covered the topic of happiness here from a few different angles:
Over at his always-engaging (and nicely redesigned) blog bailey workplay, Chris Bailey points to a BBC article titled Why are Dutch children so happy? The piece investigates what earned the Netherlands the top spot on a roster of 21 industrialized countries featured in a recent UNICEF Child Wellbeing Report (pdf).
One factor cited is the Dutch parent-child relationship. Apparently, parents in the Netherlands are “very open and communicative” and “go out of their way to please” their children. So much so, that “there can be a lack of balance between the happiness of the child and that of the parent."
Reflecting on the article’s findings about happy Dutch kids, Bailey asks: “How much is our own happiness tied to having things go our way? Can there be happiness in our challenges and struggles?”
Cluing us in on how he’d answer his own questions, Bailey says: “Ask whether the pain of quitting your job might not be the first step toward finding your own soulful work. Remember that happiness sometimes means taking the hard and painful path.”
I think that there’s something to Bailey’s struggle-happiness connection. It often takes a jolt for us to see that we’ve been stagnant and unhappy in our work life and elsewhere. When that jolt comes – in the form of unexpected bad news, a business defeat or a financial downturn -- we realize that we’ve been stuck and need to make (and struggle through) a change for our own happiness and wellbeing.
Posted by Arnie Herz on February 2, 2007
What lawyers say and do while handling a legal issue often doesn’t reflect how they really feel about the matter or the client behind it.
Aligning all three aspects of practicing law – our words, feelings and actions – can be a tall order. Even when we “walk our talk” as tough negotiators or savvy client advisors, our emotions might not support this public persona. As much as we try to keep our feelings out of the mix, over time, this misfit tends to compromise our comfort and contentment with work.
My own desire for greater fit compelled me to start my own law firm and learning programs venture. This blog is also an avenue for exploring ways to connect words, feelings and actions. I’ve discussed that nexus in posts on ensuring law firm-associate fit and choosing fit over prestige; and I’ve alluded to the role it plays in spurring or curbing lawyer discontent and depletion.
Another opportunity for aligning words, feelings and actions recently knocked on my door.
Like so many other people, I’m committed to making a positive contribution to the world. I talk and think a lot about what I can do to act on my sincere intention. I’ve driven an Audi for years. It’s a great looking car. When I’m at the wheel, I feel important, hip and successful. With my lease term nearing an end, I started looking into my options.
Driving around town, I kept seeing hybrid cars. The bulb went on. After doing some research, I calculated that I’d save about 250 gallons of gas a year if I traded my Audi for a Toyota Prius. Taking this opportunity to reduce the size of my eco-footprint, I bought the Prius two days ago.
I’m very happy I did. I had a wonderful purchasing experience and it’s a great car all around (I’ll do a follow-up post on the customer-centric service model that’s made me an evangelist of Joni and the sales team at Penn Toyota in New York). Buying the Prius made sense on many fronts. But, most importantly, it’s given me a chance to edit my personal storyline to better align my words, feelings and actions.
Posted by Arnie Herz on January 29, 2007
Although there’s little likelihood of anyone confusing the practice of law with the adrenaline-infused, on-the-edge activities highlighted in
X Games coverage; it’s well-known that Americans can take just about anything to an extreme, including our work habits.
A little while back, I looked at the topic of
lawyer depletion as it relates to the problem of
over-work in the legal profession. The post included a few different takes on
forfeiting vacations in favor of more time on-the-job.
Refreshing the issue for us is a new article by lawyer and writer Michael P. Maslanka titled:
A Plea for Sanity: How GCs Can Help Stop the Culture of Extreme Work. In it, Maslanka notes that “there's no return on investment on exhausted employees” and chronicles the fallout from work-induced sleep deprivation. Among other remedial initiatives, Maslanka discusses mandatory vacations and training GCs (read
firm leaders) to decipher the telltale signs of “an extreme worker” who needs an intervention.
But, it’s not only the extremists who need to understand the value of downtime. All of us benefit from a healthy life outside the law. Then, of course, there are the hybrid activities that join the worlds of work and leisure time.
Last night, my wife (and
legal sanity co-producer), Lori, and I attended the NYC pre-launch party for
BlawgWorld 2007, a
TechnoLawyer publication that we contributed to along with a number of other law bloggers.
Among the folks we met and chatted with were hosts
Neil Squillante and Sara Skiff; and attendees
Tom Collins;
Allison Shields;
Josh Fruchter;
Bruce Marcus;
Bruce MacEwen;
the Wired GC;
Matt Homann;
Walter Olson;
Ron Friedman; and
Tom Mighell (in order of connecting as we made our way from the front to the back of the restaurant). It was a lot of fun.
Posted by Arnie Herz on January 18, 2007
Following up on my last post on
work-life issues in the law, I came across a couple of new resources you can mine for insight into this important topic. The first is
Lisa Haneberg’s “fireside chat” with
Passion Catalyst Curt Rosengren. In this half-hour podcast (part of Haneberg’s terrific, ongoing series) the two discuss how we can “spend more of our work hours in ways that enliven our passions.” Understanding and exploring this
work-passion connection is key to deciphering what fills and depletes us in the everyday practice of law.
Next on the resource roster is another podcast, this one from
David Maister. In it, Maister talks about the importance of developing our
friendship skills - which he considers prerequisite to
earning and deserving others’ trust. Trust is the foundation of any genuine and enduring relationship – including the lawyer-client relationship. Career success and satisfaction typically grow as we cultivate the ability to regularly build and sustain trust-based business relationships.
To round out these work-life offerings, on January 23, 2007, I’m giving a free 90-minute teleseminar on
XE Factor: Creating Work-Life Synergy. The program is hosted by
Lisa Solomon’s Legal Research and Writing Pro. I hope you’ll join me. You can register and get additional information
here.
Posted by Arnie Herz on January 4, 2007
New Year’s resolutions have a definite allure. But, they’re often so grand and sweeping that we fail to keep them and then feel really guilty about it.
Why should we limit ourselves to making resolutions one day a year?
After all, each day offers us an unspoiled opportunity to reflect on our personal pursuits and our work. If there’s something we want to change, we have at least 365 distinct chances to set our intention to do so. We also have at least 365 chances to take our intentions from the realm of possibility to reality.
A while back, I wrote a post on how we handle change. In it, I mentioned a very interesting Fast Company article by Alan Deutschman called Change or Die. The article contends that we aren’t wired to change via appeals to our intellect alone. We need to be convinced of the need for change on an emotional level.
Just in time for our new year of baby steps to change, Deutschman has expanded his article into a new book titled Change or Die: The Three Keys to Change at Work and in Life. Fast Company offers us a glimpse at the book’s premise and content in this piece called Three Keys to Change. One of the book’s key offerings is a new model for compelling change based on three new “Rs” – “relate, repeat, and reframe.”
You may have noticed some changes around here of late. Posting has been light and sporadic. No worries, it’s all for good reason.
I’ve been busy traveling for my training + development business (now called Legal Sanity Learning Programs). I’m also putting the finishing touches on an eGuide to one of my favorite topics, work-life synergy for lawyers. The Guide is initially being offered as a companion to my upcoming, free teleseminar on the same subject.
I’ll resume a more frequent and regular post schedule next week. Until then, here’s to a year of positive changes for us all!
Posted by Arnie Herz on October 13, 2006
Just a post-on-the-fly here as I make my way home to watch the New York Mets in playoff action. I’m a lifelong Mets fan and now I’m thrilled to share my passion with my kids. Our time watching the games and building our baseball card collection connects us in a meaningful way. It de-stresses me after my work day and recharges my personal energy stores.
There’s much cyber commentary on recognizing and relieving workplace stressors. Ultimately, it’s up to each of us to find and walk our personal path to career sanity. But, we can all use a little helpful guidance along the way.
For some telling empirical data on our society’s workforce, we can peruse the statistics dispensed in a csmonitor.com article called Backstory: Office hours by the numbers. This statistical overview pairs very well with a CareerJournal.com piece profiling the Top 14 Reasons We’re Stressed Out.
Moving on to some preventive measures we can take to counter job stress and refuel; Carl Honore – an advocate for living well by slowing down – offers us a view into what some companies, towns and parents are doing In Praise of Slowness.
And those of us who don’t equate de-stressing with slowing down can take heart and inspiration from a set of articles on people exploring work-life synergy through sport. I particularly enjoyed this look at women lawyers who take out their workplace frustrations in the roller derby rink.
Posted by Arnie Herz on September 25, 2006
It’s been a hectic but rewarding few weeks in the office. The matter I’ve been working on has given me ample opportunity to consider and do what I most enjoy in my legal practice. It’s great to have the chance to reflect on why we do what we do. So, I was glad to come across a few articles that team to provide some nice fodder for those reflective times.
The first of the trio is a commentary piece by Jenner & Block lawyer Gregory Gallopoulos. Asking Why Do We Work?, Gallopoulos responds that lawyers do indeed work for money, but we also work for “sanity.” And that sanity derives from compensation in “psychic gratification.” These gratifiers take different forms, but Gallopoulos identifies several of them. They are: ongoing opportunities for intellectual growth; autonomy of professional judgment; celebrating a “superlative work product;” and supporting public service efforts.
The next article, sub-titled An Essay on Money and Happiness, questions What Is Success, Anyway? About midway through, it states: “No matter how fancy the title or how big the paycheck, we soon learn that it isn't worth joining an organization full of jerks, morons or crooks.” The piece also recognizes that our career desires and definition of success change as we age. In midlife, we tend to place more importance on “intangibles like autonomy and personal expression” as well as “freedom and fulfillment.” Yet, in some professions – and the law is cited among them – honoring that call for fulfillment comes at a very real price since “the highest-paying opportunities are likely to gouge deepest into people's hopes of enjoying a balanced life.”
Rounding out the triad of reflections on this topic is a blog post called Who Really Matters? penned by Thom Singer of Some Assembly Required. In it, Singer shares a little self-test based on the wisdom of famed cartoonist Charles M. Schulz. The exercise brings home the very important point that the “people who make a difference in your life are not the ones with the most credentials, the most money, or the most awards. They are the ones that care.”
Posted by Arnie Herz on September 13, 2006
The latest issue of my alma mater’s quarterly magazine, Michigan Alumnus, provides some interesting commentary on a topic I've covered here a few times before: happiness. Giving the graduation 2006 highlights, one piece recounts how commencement speaker Christiane Amanpour - the respected journalist and correspondent – advised graduates to “find something that sets you on fire, that gives you passion and joy, something that you love and believe in so much that it makes you want to work all day and all night, something that will make you willing to sacrifice, something that instills in you a deep sense of commitment and a sense of mission.”
Another of the magazine’s articles briefly discusses a recent study examining people’s ability to remember or predict happiness over their lifespan. The study showed that young and older people alike believe that “young people are happier than older people, when in fact research has shown the opposite.” Fuller coverage of the study can be found in a press release leading with the familiar lyrical line Hope I die Before I Get Old.
Our ability to predict and find what makes us happy is also explored in a new group of CareerJournal.com articles. The one that really grabbed my attention comes from blogger and former lawyer Gretchen Rubin. Considering the money-happiness connection, Rubin proposes that, when spent the right way, money does help buy happiness. And what’s the right kind of spending? According to Rubin, people should spend on things “that promote the components of happiness. The hedonic treadmill means that loading up on stuff, though gratifying for a moment, isn't a lasting source of happiness. Instead, spend money on your relationships, your health, and your experiences.”
If you want to read more on the subject, Fast Company's blog offers a happiness self-assessment tool for those of us who look at our legal careers and larger lives as an "If only _____, then I'd be happy” proposition. According to the piece, this is a misguided way of pursuing happiness because it takes us out of the present moment. With this point in mind, we're advised that, “if we want to be happy, we must come to grips with an important fact. That we've been fooling ourselves. Contentment, it turns out, is not a destination. Rather, it's a manner of traveling. And if we can't feel it today, we won't find it tomorrow.”
Posted by Arnie Herz on August 28, 2006
I spent the weekend with my extended family celebrating my brother Steven’s wedding. I had the great honor of being the rehearsal dinner’s master of ceremonies as person after person stood up to share an anecdote or two about Steven as a man, successful entrepreneur and imminent husband to a fantastic, strong, funny and very patient and giving woman.
Steven is a special guy and one of the common threads weaving through the toasts in his honor was the recognition of his extraordinary ability to befriend, relate to and interconnect people he’s met throughout his life. His social intelligence is simply outstanding and he brings this aptitude to his work at the broadcasting and marketing representation firm he founded in 1996. By all accounts, the empathy, genuine interest and humor Steven infuses into his leadership have cultivated a true sense of community and family within his firm that naturally extends out to his many clients.
So, for Steven, work in the world has really become a reflection of who is in his larger life. There’s none of the misfit or dissonance between self and career that throws so many people into a tailspin. It was very inspiring to see, hear and otherwise experience just how much has come from his efforts to put himself wholly into his career.
Posted by Arnie Herz on August 21, 2006
I’m back from my travels and gearing up for a return to my regular blogging schedule. It was a great two weeks. I saw many historical sites I’ve wanted to visit for some time. I also had the chance to spend time with my extended family and reflect on different aspects of my life to date.
As I wound my way back through New York, I stopped at the Chautauqua Institution for an overnight with my cousins. Chautauqua is a very special community where people gather to take in the arts, learn and discuss important issues of the day in a beautiful, natural setting. Families and individuals return year after year to find “intellectual and spiritual growth and renewal.” Through the unique activities and environment it offers, Chautauqua fosters great inter-generational dialogue and understanding.
Having just been steeped in this generational exchange, I was happy to come across a recent Fast Company article touching on the topic. Titled The Future’s So Bright…, the piece captures a conversation between John Seely Brown, former chief scientist at Xerox Corporation, and high school senior Shannon O’Brien.
At the outset, Brown refers to the innovation explosion happening today and shares his “belief that we will see a new form of education emerge--not one based on being taught but one more oriented to passion-based learning within niche communities of interest.” With this new type of community-based learning, he sees the “rise of the pro-amateur class--serious explorations and creations we do for the love of doing it.”
Responding to Brown, O’Brien passes along the teenager’s perspective that “the future is a giant leap into the hopeful unknown.” Acknowledging the innovation and technological advances Brown cites, she observes that they can have the detrimental side effect of keeping people from “communicating and bonding like they used to.” She hopes that “the people of the world” will take note of this fissure and “learn to find balance between the real world of people and relationships and the cyber world, [that can be] time consuming and overpowering.”
Posted by Arnie Herz on August 14, 2006
Executive coach Doug Sundheim has written a great post for FC Now on the Gift of Risk. In it, he relates how his coaching work has lead him to conclude that people feel “most alive” at times when they’ve “pushed themselves out of their comfort zone” and taken risks. And he’s found this to be the case regardless of the outcome of the risk-taking opportunities. Based on his conclusion, he offers this bit of wisdom: “The gift of risk-taking doesn't lie in what you achieve by risking - it lies in who you become as a result of the process. Confident. Engaged. Alive.”
Sundheim’s obeservations very much resonate for me. A couple of days ago, my vacation travels took me back to my college alma mater, the University of Michigan. When I left home for UM, it was a big leap outside the comfort zone I experienced as a sheltered suburban New York kid. But, the next four years proved to be some of the most engaging and energizing of my life. Walking the campus this week, I reconnected with the feelings of freedom, growth, learning, fun and higher purpose that I so often felt during college. Although I went to UM in the year 5 BCCE (Before Computers, Cell Phones and Emails), it seemed like I’d never left; that no time had passed since I was a student there.
Those of you who went to UM will appreciate my journey up and down South University, through the diag (stepped on the block M), to the graduate library reading room, up to the Michigan League, Bell Tower, Rackham’s grand reading room, down to State Street passing by Angel Hall, into the Michigan Union, to the Law School Quad, then to Ulrich’s. Of course, I went to the Big House and, even though it was empty, I could feel the palpable energy of 110,000 enthusiastic fans on football Saturday. I ventured to North Campus and to the Gerald Ford Presidential Library. Afterwards, I had a great dinner at Zingerman’s. The next morning, I took in Angelo’s for breakfast and then went to the incomparable arb for an amazing one-hour walk to the river, prairie, woods, open spaces and beyond.
By embracing that first opportunity UM afforded me to move outside my zone of safety, I opened myself to the many business and personal ventures that have since taught me to appreciate the gift of risk.
Posted by Arnie Herz on August 10, 2006
At his blog, Dan Pink points us to a synopsis of a Gallup Panel poll finding that “American workers most often say they like that their jobs offer them a sense of fulfillment, provide opportunities to help people, and give them autonomy in how they accomplish their tasks.” It’s notable that personal fulfillment and altruism rank at the top of the favored job attributes. I think that many of us left law school firmly believing that we would experience both as part and parcel of life in the law.
On the road this week, I’ve thought a lot about the ways fulfillment and helping others have featured in my own career and in our country’s history. Thus far, among other places, my travels have taken me to the National Constitution Center; the Supreme Court building; Arlington National Cemetery; and to the site of Flight 93’s crash on 9/11.
This last location was particularly significant for me since my good friend, Alan Beaven, was one of Flight 93’s heroic passengers. As I’ve set out on this blog’s dedication page, Alan was a very talented environmental lawyer who saw the law’s great potential as a healing profession. He inspired me to the same vision of my profession and it’s that inspiration that continually motivates me to help others and find personal fulfillment through my work.
Posted by Arnie Herz on August 1, 2006
I’m preparing to embark on an extended business-pleasure trip that will take me to Philadelphia; Washington, D.C.; Gettysburg; Pittsburgh; Cincinnati; Springfield; Chicago; Ann Arbor; and Cleveland. It will be a time for me to refresh and enjoy new sites and experiences. It will also afford me some space and opportunity to hone the latest addition to my Training + Development curriculum - the XE Factor.
My trip is just one in a series of steps I've taken in recent years to augment fulfillment and eliminate depletion in my professional and personal life. The concepts of fulfillment and depletion play out in real time via my energy states. Something's fulfilling to me when it literally fills me up with positive energy. Something's depleting when it leaves me drained, stressed, stifled or angry. The key has been learning to recognize my personal depletion zone and how I can move myself out of it.
It’s been a pretty big learning curve. I initially resisted acknowledging the depletion I experienced in – and beyond – the law. Even when all the signs evinced that I was running on empty, I pushed myself to work harder and do more for my clients and others. Once I became acquainted with the signs and symptoms of my depletion, I still had to do some trial and error to figure out how to reclaim my energy stores. Now, when I find myself energetically depleted at work, I know that there’s remedial power in an uplifting change of pace like a quick nature walk or bike ride; playing with my kids; watching a good ball game; or going on vacation.
I’ve previously noted the connection between taking time off and personal energy renewal. The topic is addressed from a slightly broader perspective in a CareerJounal.com article addressing how Sabbaticals Can Offer Dividends for Employers.
The piece focuses on company-sponsored sabbaticals that allow employees to work with nonprofit groups. The sponsoring businesses see sabbatical assignments (also called community engagement programs) as means of recruiting and retaining top talent. They’re also recognized as conduits for leadership building and for identifying “potential markets.” Acknowledging the revitalizing aspect of the programs, one sabbatical provider quoted for the piece states: “The goal is ‘to get employees re-energized and re-engaged, give them a broader sense of themselves, the company and the community.’”
If there’s a familiar ring to the sabbatical concept, it’s interesting to note that the article likens such programs to law firm pro bono initiatives. Both, it says, “appeal to strong performers who ‘seek more than a paycheck; they seek significance.’” Significance and renewed energy is a very potent combination.
Posted by Arnie Herz on July 19, 2006
Much buzz has been stirred by longtime blogger
Denise Howell’s poignant, powerful and candid post titled
Have Aeron, Will Travel. In it, Howell shares her thoughts and observations concerning her recent, forced departure from a Biglaw firm. Although she never cites the reasons for the “separation,” Howell devotes a sizeable chunk of post space to reflecting on the importance and “business realities” of work-life balance programs in the law.
In the spirit of
res ipsa loquitur, I’m going to let Howell’s excellent commentary
speak for itself. But, to do it proper justice, I want to highlight some of the links in the chain of conversation her sharing has generated.
Ernie the Attorney remarks on Howell’s desire to funnel any prospective professional endeavors through a “stringent ‘how much do I really love that?’ filter.” Also noting the filter metaphor,
Gerry Riskin observes: “A firm cannot prosper without keeping its best people and the best people will always have choices which they will exercise based on their drive for self actualization.”
Taking a slightly different approach,
David Maister seizes the opportunity Howell creates for him to explore if it’s really possible for a law firm to offer “a wide variety of personal choices on work intensity.” After reviewing some of his earlier work on the issue, Maister says: “I would love to believe that a single business entity could offer choice of intensity - but I'm not sure it can if it is aiming to be among the best in its field.” What Maister seems to be saying here is that lawyers ultimately need to ensure that their firm’s culture syncs with their deeply held values and work-life needs or preferences. To expect that law firms will sacrifice their greatness for our individual good might be a very unrealistic and unreasonable expectation.
Whatever position we take on this very important topic; Howell has done us all a great service by being so open with her opinions and feelings at this pivotal point in her personal and professional evolution. We’re all looking to grow and we’re all seeking happiness that can be elusive at times. We gain vital perspective, strenghth and mutual understanding when people, like Howell, are brave enough to share their struggles and triumphs with us. The insight gained on a personal and collective level can only benefit us, the firms we work for and the legal profession.
Posted by Arnie Herz on July 15, 2006
Inspiration is a great motivator in business and other arenas that derives from a number of sources. When I need to clear my head and gain perspective on a work or personal matter, I often go for a walk in a local nature preserve to enjoy its inspiring calm and beauty. If I’m in a foul mood because of stress, horsing around with my kids provides a healthy dose of inspiration in the form of laughter and lightness. In this spirit of inspiration, I offer a trio of articles I came across in my recent Web wanderings.
Blogger Dick Richards of Come Gather Round points us to his terrific article on The Anatomy of Empathy. Profiling the empathic ways of “three accomplished leaders,” Richards inspires us to access and refine our own ability to empathize with our clients and colleagues by (1) stepping into their emotional world without losing ourselves in it and (2) communicating that we understand and accept their emotions.
In his Wired Magazine article What Kind of Genius Are You?, author and blogger Dan Pink introduces us to economist David Galenson's theory about creative genius. According to Galenson, genius comes in “two very different forms, embodied by two very different types of people.” The first type he calls conceptual innovators. These people “make bold, dramatic leaps in their disciplines. They do their breakthrough work when they are young.” On the other end of the creative genius continuum are experimental innovators who, “like Auguste Rodin, Mark Twain, and Alfred Hitchcock proceed by a lifetime of trial and error and thus do their important work much later in their careers.”
Pink has a way with words and ends his piece with this insightful remark about Galenson’s theory of late-blooming genius: “It’s no justification for laziness or procrastination or indifference. But it might bolster the resolve of the relentlessly curious, the constantly tinkering, the dedicated tortoises undaunted by the blur of the hares.”
Last, but not least, is a csmonitor.com story called Out of the Elevator. It discusses the work and mission of Muzak, a marketing company that provides audio arcitecture and branding services. Recognizing that music’s inspirational force is an “emotional power that can be harnessed,” the company helps clients create a musical atmosphere that gives customers a “warm feeling that ultimately cements loyalty.”
This certainly inspires me to ponder what kind of “aural environment” (aka soundtrack) would best complement the lawyers, law firms and other businesses I work with.
Posted by Arnie Herz on July 4, 2006
Becoming a solo practitioner was a natural progression for me. I’d grown up in a family that valued solo work and it seemed part of my destiny. When I opened my own firm, I relished the independence it afforded me. But, I quickly learned that, to maintain that independence, I needed to cultivate a network of business mentors and associates to help me along my path. Thus was born my understanding that, in the world of solo law practice, our independence requires connection to, and camaraderie with, others.
With the July 4th holiday upon us here in the U.S., many of us find ourselves contemplating what being independent really means, both on a national and personal scale. Weighing in on this front is a
New York Times article by Henry Fountain titled
The Lonely American Just Got a Bit Lonelier. It cites new findings that Americans are now “lacking in people to tell their deepest, darkest secrets. They've hunkered down even more, their inner circle often contracting until it includes only family, only a spouse or, at worst, no one.” We’re depriving ourselves of varied deep and significant interpersonal relationships. According to the piece, this relationship atrophy is attributable, in part, to extended work hours and longer commutes.
As I’ve previously discussed, lawyers I talk to frequently share how lonely and isolated they feel. This
lawyer loneliness is a major force behind
attrition in the legal profession. It’s a pervasive condition that merits open conversation and concerted remedial efforts among law firms, practitioners and professional groups.
So, especially on this important day, I'm thankful for my network of family members, friends, business associates and fellow bloggers who help me stay allied and rooted in my independence.
Posted by Arnie Herz on April 15, 2006
I'm taking some time away from legal sanity over this week to spend some time with my family while the kids are off from school. I'll leave you with this article on lawyer efforts to balance work and family via flexible work programs and other law firm initiatives. More food for thought on work-life synergy can be found in a companion article featuring the Balanced Hours program recently launched at Kirkpatrick & Lockhart Nicholson Graham. Taking the topic of equilibrium to task is this post on Work/Life Balance in the Law Firm. In it, blogger Tom Collins bluntly asserts: "If you don't want to work nights and weekends, don't go in the restaurant business. If you can't stand the sight of blood, don't become a surgeon. If your aren't prepared to earn your professional spurs and build your book of business through long hours and putting clients' interests and deadlines first, stay away from joining a law firm." While I take issue with this assertion, I think it well states the opinion of many seasoned lawyers and fuels the ongoing dialogue on a very important issue.
Posted by Arnie Herz on January 31, 2006
The latest issue of Law Practice magazine is out and features articles relevant to Legal Sanity. Writing In Praise of Slowness, journalist, author and admitted "former speedaholic" Carl Honore discusses the emergent "slow revolution" that's compelling people "across the world" to downshift "both on the job and off." Honore highlights how some businesses are facilitating this slow-down by providing "chill out rooms" and encouraging nap breaks. The revolution's long-arm can also be seen in the soaring popularity of yoga, the construction of "walkable neighborhoods," and in concerted efforts to counter the hurried child syndrome. The article includes sidebar profiles on lawyers who've embraced slowness and a list of tips on reducing the speed of our lives. In case our prescription for slowing down includes lightening our client load, consultant Susan Saltonstall Duncan shares "exercises and how-tos" on finding and keeping the clients we like. Janet Ellen Raasch - a writer/ghostwriter who works closely with lawyers and other professional services providers - continues the theme of cultivating relaxed lawyers in an article exploring some new twists on law firm retreats.
Posted by Arnie Herz on December 24, 2005
I opened the month with this post discussing Dick Richards' book on connecting with our genius to foster success and satisfaction in business and beyond. With the holiday season and New Year upon us, it's a great time to contemplate how lawyering honors, translates and transmits our genius in the world. This post from the Self-Development Network offers some assistance on this front. It links to an interesting podcast in which Richards previews his approach and provides tips on decoding, or "naming," our genius and expressing it in the workplace. For another perspective on the road to meaningful and fulfilling work, take a look at this Alchemy of Soulful Work post entitled You Get What You Give. In it, Chris Bailey discusses what might happen if we stopped focusing on quid pro quo and ROI and, instead, shared our knowledge and expertise with others freely, fully and without expectation of return. I wish you all a wonderful holiday time and a very happy New Year.
Posted by Arnie Herz on December 1, 2005
This ThirdAge blog post from Lisa Haneberg pairs nicely with my recent musings on "reorienting our career compass towards more meaningful and fulfilling work." Lisa introduces us to Dick Richards new book, Is Your Genius at Work? According to her synopsis, Richards theorizes that we each have a genius, one genius, that's been with us our whole life. That genius - which is what it is, not what we wish it to be - is the root of success and satisfaction in our work. His book aims to help us identify and engage our genius for career and larger life fulfillment. Lisa continues her review in this companion post. Outlining Richards' peeling-the-onion approach to recognizing genius, she quotes his book as follows: "Imagine an onion in which the outer layers represent your skills, talents, behavior, accomplishments, interests, and creations. You have developed the talents and skills you most enjoy because they allow expression of your genius. They are the means by which your genius comes alive." I know many lawyers come to a critical point in their career when they question whether the work they're doing really syncs up with who they are - with their heart-felt talents and interests. This book seems to offer some great guidance on answering this very important question. For more on this subject, you can follow the comment threads following Lisa's posts. Per Lisa, you might also want to check out Richards' blog, Come Gather Round.
Posted by Arnie Herz on November 28, 2005
As the holidays and New Year approach, many of us find ourselves considering where we are in our personal and professional lives. We take stock of our steps forward and back and try to envision our path for the upcoming year. In this article (pdf) from the premiere issue of Worthwhile magazine, Passion Catalyst Curt Rosengren offers us some great tips for reorienting our career compass towards more meaningful and fulfilling work. According to Rosengren, the process builds around (1) identifying our Passion Core - who we are and what "lights [our] fire at a core level;" and (2) making career choices based on that. The remainder of the piece addresses how to measure the fit between our current job and our Passion Core. If the fit is off, it might be time to move on and Rosengren guides us on identifying career options, mapping out an action plan and navigating obstacles in our way. Career transition is also the subject of this insightful post from Chris Bailey at the Alchemy of Soulful Work. In it, Chris discusses how "[t]oday's career reality makes it both easier to make the leap to another profession and harder at the same time."
Posted by Arnie Herz on November 25, 2005
I hope you all enjoyed your Thanksgiving festivities. In addition to family, health and wellbeing; I'm very grateful for the people, experiences and ventures (including this blog) that have helped me create a multi-faceted business that honors and furthers my larger life interests and goals. Looking back at my law student self, I see how much my perception of lawyer life and the business of law has changed over time. In that same spirit, this article (written with satiric flare) and this informative one offer us some interesting takes on navigating the crossroads of law school and the real-world legal profession.
Posted by Arnie Herz on October 23, 2005
This article and this one chronicle lawyer Jill Mindlin's successful efforts to establish guidelines for protecting food allergic children attending elementary schools in our New York region. Jill's a friend of mine and the mother of a four-year-old with life-threatening allergies. She and another mom, Amanda Bromberg, realized that they needed to raise allergy awareness among educators to best safeguard their own and other severely allergic school-aged kids. So, they set out to draft a best practices guide to educate the educators. Knowing that this would be a massive undertaking, Jill turned to the pro bono committee at her firm, Schulte Roth & Zabel LLP. Schulte backed her with its vast resources and, some six months later, Jill attended a press conference at which local officials formally announced the guidelines' distribution to all of the county's schools. This is a great example of how law firms can reach out and support lawyers as they work to better their communities and serve the greater good.
Posted by Arnie Herz on September 14, 2005
I've come across several recent articles that, taken together, create an interesting mosaic of opinion on what it means to be a successful lawyer. I'll start with this commentary adapted from a speech by Chief Justice William H. Rehnquist. Addressing a law school audience, he cautions that success in the law can cause us to "slide imperceptibly into a mode where demands the job makes are automatically accorded priority over other demands." He then reminds us (in a statement made even more poignant by his recent passing) that "time is a commodity, the supply of which is not inexhaustible. [ ] Life's dramas are played out on a number of different stages, and you cannot do justice to the potential of your own life without sampling several of these performances. As you do this, you will be surprised to find that new sources of enjoyment arise from some of the places where you would least expect them." While the Chief Justice's advice certainly can stand alone, it pairs nicely with the step-by-step guidance this article offers first-year associates seeking the path to career success. With clarity and brevity, it walks readers through expectations and planning to goal-setting and action points. The keys to successful lawyering are also explored in this new book by fellow blogger Gerry Riskin of Amazing Firms Amazing Practices. Rounding out the composition is this piece, this one and still another conveying - albeit in different ways - that giving back to communities, organizations and our fellow human beings is an essential part of being a truly successful lawyer.
Posted by Arnie Herz on September 6, 2005
I'm back in New York after a family trip to see my sister in Boulder, Colorado. The open space, foothills and Rockies create a spectacular backdrop there. While hiking and climbing, I spent a good deal of time trying to reconcile the immense natural beauty of this world with the enormous devastation in New Orleans and the surrounding coastal communities. My heart, thoughts and prayers go out to everyone who is suffering in Hurricane Katrina's wake.
Posted by Arnie Herz on August 19, 2005
There's still time to register for an upcoming women lawyer's retreat on Reconnecting with your Self and Discovering the Work You Were Meant to Do. Co-lead by my friend, lawyer, author and career coach J. Kim Wright, the program takes place September 2-5 at the Center for Massage and Natural Health near Asheville, NC. Here's the gracious invitation extended to you in the promotional material: "Come spend a delicious weekend of recovering, replenishing and reconnecting with yourself and take a transformative look at your legal career. It may be time to discover and nurture a calling beyond the law. Or it may be time to use your creative skills in your law practice, designing a legal career that allows you to express your heart's desire. You may not even need to leave your current job! Let's explore all our creative options." It sounds like a great way to spend a holiday weekend.
Posted by Arnie Herz on July 25, 2005
Here is a chance to put some work-life balance into practice. I'll be on vacation this week and will resume blogging next week. Have a great week.
Posted by Arnie Herz on June 6, 2005
It's been one year since I started this blog. I've really enjoyed watching it grow and change to address different perspectives on rethinking and revitalizing our lives in the law. The blog has drawn a large readership and I thank you for all your constructive comments and input along the way. According to Albert Einstein, insanity can be defined as "doing the same thing over and over again and expecting different results." This bit of wisdom goes to the heart of what I've been trying to relate about legal sanity. Charting a path to professional sanity has required me to step outside my zone of comfort and safety to create new and different business models, services and products that afford me and my clients genuine success and satisfaction. Blogging has been a great outlet for expressing and sharing my ideas, thoughts and concerns as I've moved into my zone of doing things differently. In the coming months, this blog will continue its natural growth process to complement my career trajectory and to provide readers with fresh and interesting material to consider. Thank you, again, for being part of legal sanity.
Posted by Arnie Herz on April 18, 2005
This CSM article discusses how an increasing number of high school students on the college application circuit look beyond the markers of prestige and reputation to consider "the quality of the college experience" and how a school meshes with their "learning style." The piece suggests a number of reasons why finding the right fit is becoming more integral to the college selection process. First, there's "ever-intensifying competition" for a limited number of spots at the most highly-regarded institutions. Then there's the harsh reality of skyrocketing tuition costs. General convenience also comes into play. Moreover, recognizing that college will be their surrogate home for some four years, students are opening to the importance of being in a nurturing atmosphere. This article offers valuable instruction on the mindset of tomorrow's lawyers. What will they look for in a law firm? Will stellar reputations and high salaries be enough to get them to sign on, or will they seek out business environments that truly complement their personalities and larger life interests? As the legal profession's landscape continues to shift and morph, firms of all sizes and types will have to consider and re-consider what they will offer the next generation of practitioners - women and men likely to be very discerning about their workplace and less inclined to tolerate ill-fitting situations, however lucrative and prestigious, for long.
Posted by Arnie Herz on April 13, 2005
The most recent installment of ABAJournal.com's Above the Trees relates how Chicago's 911 call center is designed to combat the enormous stress that comes with the job of dispatching emergency services. To foster calm and comfort, the call center floor boasts dimmed lights, circulated fresh air, adjustable work stations and a temperature setting that's "a touch higher than normal." Bringing the outdoors in, the floor also features "an expansive atrium flooded with natural light and filled with cushy couches and thriving plants." The designers equipped this area with tables "stacked with magazines and games, letting staffers lose themselves in narrative or find community over a game board." Augmenting the on-site offerings are a gym, stress reduction clinics and a city-sponsored "assistance program that includes professional counseling." Above the Trees "looks at leaders and industries outside the law" to help lawyers better understand and navigate their own business operations, client interactions and work-life challenges. Law firm managers should heed this article's message. We're a profession plagued by stress, attrition and discontent. And, as I've shared before, there's a definite nexus between workplace environment and worker happiness and productivity. Employee physical and emotional comfort should be an integral part, and a priority, of law firm design.
Posted by Arnie Herz on April 1, 2005
The experts culled for this article on law firm design advise that our work space should reflect our "firm's identity." In cultivating our physical plant, they say, we need to consider how we want others to perceive our business and incorporate "specific materials to create the desired impression." For example, firms looking "to project an established, old-school image should focus on materials that depict antiquity," like solid woods and leather upholstery. Those wanting to draw "high-tech markets and younger, progressive clients" should employ "[c]ontemporary colors and bright materials like chrome and metal." This guidance presumes that we fashion our office space largely to affect clients and other office guests. That's a fair presumption. But, it misses the more important point that our workplace's design affects and reflects our own state. The article obliquely addresses this point in its discussion of Feng Shui, the "Chinese art or practice of positioning objects [ ] and furniture based on a belief in patterns of yin and yang and the flow of chi that have positive and negative effects." My wife and I have used Feng Shui at home and at work with the help of our good friend, the very talented Reiko Gomez of Reiko Feng Shui Interior Design. Upon walking into my office, people often comment on how calm, inviting and energizing it is. And my mediation clients tell me that the environment is conducive to resolution. I'm thrilled for them, but even happier for me. Absent this design synergy, I wouldn't be as content or efficient during my long work day.
Posted by Arnie Herz on March 11, 2005
This article declares alternative work arrangements (like part-time, flextime and flexi-place work) an "excellent management strategy" to help law firms "retain highly valued employees." After describing the workday options available today, the piece relates that "good supervisors will work with an employee to find the right arrangement, because they understand that finding a way to keep a valued employee is more cost-effective and beneficial to the firm than trying to find a replacement." By embracing such flexible work regimens, firms send the positive message throughout their ranks that they care about their employees "and will accommodate their needs when possible." This promotes a corporate culture that fosters employee loyalty, attracts potential recruits and engenders better client service. Recognizing that firms must do more than pay lip service to the availability of alternative job tracks, the article goes on to outline key action points and an action plan for "making a success of each individual arrangement."
Posted by Arnie Herz on March 4, 2005
Lawyer and author Stewart Levine has written this interesting piece on the conversations we need to have with ourselves and others in order to create meaningful professional and personal lives. Putting his own spin on a concept originated by poet David Whyte, Levine discusses the nature of these "Courageous Conversations." Of the five conversations he describes, the following three resonate the most with me in my work as a solo practitioner. Here goes, in Levine's words:
* What is the conversation you are not having with your unknown future?
Each of us is always somewhat incomplete because we tend to live, at our fullest and healthiest, in a state of becoming. When we stagnate and become rigid we are holding on for dear life, struggling to maintain the status quo - not being willing to engage the real possibilities the future holds for ourselves and others. When we posture and maintain that we have the answers and do not need any help we cut ourselves off from the many potential futures that live within, each moment becoming a death warrant.
* What is the conversation you are not having with your customers?
The service we provide to our customers exists on the very bridge we have built in the conversations. When we stop having real conversations we are not engaged in getting feedback about what we might be doing for them, finding out where they want to be headed and how we might improve what we are doing. Yet we refrain, because we're afraid to find out the bad news and would rather believe we are doing a great job.
* What is the conversation that you are not having in your own heart and mind, with your partner and loved ones?
This is obviously the most important. If you are not having the conversations with them that are real for you then you are living an inauthentic lie. In some ways it all starts from this. If we are real with ourselves, then we can be real with everyone. And when we are brave enough to be our authentic selves with everyone than our own natural brilliance begins to shine through. From this place all else is born.
This is provocative stuff. I'm constantly reworking my approach to law through conversations with myself, clients and others in my social and business networks. Many of these conversations have taken me way outside my comfort zone and pushed me to acknowledge my failures as well as successes. But, I've welcomed them all because they've invariably spurred me to change and grow in a positive direction.
Posted by Arnie Herz on February 14, 2005
My name is Arnie Herz and I work with my wife. I can't do justice to the looks and quips I get when I tell people that my wife, Lori, and I practice law together. They just don't get it. As I've said before, this is not a fall back position for me. The two of us work quite well together because of our different, but complementary, interests and talents in the law. For those thinking of melding marriage and business, here's an article discussing the nuances of such teamwork. The piece points out how some firms are redesigning their nepotism policies in the wake of increasing lawyer-lawyer marriages in their ranks. While there may not be a need for such formal policymaking in your workplace, I do think it's important to have an ongoing, open dialogue with your spouse regarding expectations and the division-of-labor between office and home.
Posted by Arnie Herz on February 11, 2005
I just had to give it another go. I recently started reading Christopher Bailey's terrific blog The Alchemy of Soulful Work. In this post, he notes a Fast Company article declaring work-life balance an unattainable pipe dream that has won huge cultural resonance. The problem, the article asserts, is that we define balance as achieving in all aspects of our lives. It's an all or nothing proposition that sets us up for failure. A saner approach, the piece proposes, is to look at life as a many-chaptered portfolio with a goal of striking a balance among chapters rather than within each chapter. The life chapters, with their unique combination of circumstances, commitments and priorities, can be seen as temporary episodes that together make up a coherent and satisfying whole. I believe that achieving life balance is a tenable goal for us all. But, we need to reframe the prevailing notion of what constitutes balance. It's not about deftly juggling all balls in the air at any given moment. Rather, I look at balance in terms of living life and working in a way that's consistent with our deepest values. By aligning what we do in the world with our core beliefs, we naturally feel an underlying sense of contentment and ease, even in the most challenging times.
Posted by Arnie Herz on February 9, 2005
This article describes how retailers nationwide are looking to amp up customer satisfaction and loyalty by educating their "front lines" in the art of creating a "positive people experience." With a surge in consumer complaints about interactions with sales people, businesses have come to recognize that "there simply is no other company for consumers than the one embodied by workers they meet." Of course, this applies equally to the legal profession. In this era of escalating client discontent and infidelity, it makes tremendous sense for law firms big and small to pay close attention to the human beings behind the legal issues and billable hours. Clients will likely be more satisfied with services rendered and results obtained if there's been an open, concerted effort to create an uplifting experience for them. An investment in training programs on active listening and emotional intelligence would go a long way towards fostering consumer contentment in the legal sector.
Posted by Arnie Herz on February 7, 2005
It seems I've got work-life balance on the brain of late, as evidenced here, here and, oh yeah, here. Apparently, I'm not alone. The Center for Creative Leadership is now featuring three short but engaging articles on the subject. One presents a laundry list of warning signs of a life off balance. Another piece suggests that the quest for life equilibrium "can become all-consuming and non-productive" because our idea of what constitutes balance changes over time. The proffered fix for this flux is to shift our focus to making choices that support our core values. The final article asserts that a good way to evaluate "where you are in terms of balance" is to get feedback from family, friends and co-workers. The goal of this assisted self-assessment is to see if our perception of how we spend our time and effort matches how others experience us.
Posted by Arnie Herz on January 24, 2005
The Occupational Adventure pointed out this article recapping a study of Gen-X and Gen-Y views on "job satisfaction, work-life support, gender roles and attitudes." The study found that these two generations boast workers who are "more likely to be 'dual-centric' (with equal priorities on both career and family) and less 'work-centric' (putting higher priority on their jobs than family) compared to members of the Boomer generation." Busy "redefining their priorities in life and in work," the men and women of Gen-X and Gen-Y are choosing to spend more time with their children and opting for the status quo over a climb up the career ladder. I've posted on this topic before. The questions remain: how is this evolution in worker priorities and values impacting law firms today and how will it shape the profession's future as more and more legal service providers and consumers become balance-centric?
Posted by Arnie Herz on January 21, 2005
I'm happy to report that the New York State Bar Association is taking the lead from its president, Kenneth G. Standard, and will address the issue of work-life balance at its annual meeting being held Monday, January 24th - Saturday, January 29th at the Marriott Marquis at 1535 Broadway in New York City. Co-sponsored by The Special Committee on Balanced Lives in the Law and The Committee on Attorney Professionalism, the program "Quest for a Balanced Life in 21st Century Law Practice" will be offered from 9:00am-12:35pm on Thursday, January 27th. Topics covered will include: flex-time work; stress and time management; promoting civility; public perception of the profession; and technological developments. You can register online through the NYSBA. I'll see you there.
Posted by Arnie Herz on January 19, 2005
The Project for Attorney Retention endeavors to "improve recruiting and retention of talented attorneys" through alternative work schedules that support work-life balance. The Project has a new book entitled "Solving the Part-Time Puzzle: The Law Firm's Guide to Balanced Hours" by Joan C. Williams and Cynthia Thomas Calvert (NALP 2004). According to a promotional blurb, the book "presents the business case for balanced hours programs; describes methods of analyzing the effectiveness of current part-time programs; and provides clear advice on implementation of a balanced hours program. Appendices include a model balanced hours policy, an attrition cost worksheet, and a checklist for attorneys."
Posted by Arnie Herz on January 12, 2005
My wife just returned from doctor's appointment where a search for waiting room respite lead to Time Magazine's current cover story and related articles on "The Science of Happiness." I bought a copy, read a few of the pieces (some are available online without a subscription) and found them very enlightening. I particularly enjoyed the story entitled "Thank God It's Monday," which discusses the roots of job satisfaction, stating: "As researchers in psychology, economics and organizational behavior have been gradually discovering, the experience of being happy at work looks very similar across professions. People who love their jobs feel challenged by their work but in control of it. They have bosses who make them feel appreciated and co-workers they like. They can find meaning in whatever they do." This amalgam of articles goes a long way to show that, for all the differences that make us unique individuals with distinct lifestyles, we are very much alike and united in our quest for happiness.
Posted by Arnie Herz on January 7, 2005
At this time of year, it's great to consider all the blessings and good fortune in our lives. World affairs might be daunting and our days stressful, but there's still so much to be grateful for. I found this article about life changes prompted by lawyer Gayla Green's near-fatal heart attack quite thought provoking.
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 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 November 22, 2004
The home-office has recently come into vogue as a practical and cost-efficient way for many lawyers to achieve work-life balance. The two home-based solo practitioners featured in this article share how they've managed to cut their business overhead while gaining more family and personal time.
Posted by Arnie Herz on October 27, 2004
This roundup about what kids have to say about their parents' lives in the law is worth a read. I have explained various aspects of my job to my three young children over the years. I'd love to be a fly on the wall when someone asks them to describe what I do as a lawyer. When I was called for jury duty some time ago, my then 3-year-old daughter told her teacher that I "had gotten cherry doo __."
Posted by Arnie Herz on October 18, 2004
Essential to any comprehensive discussion of work-life balance is an understanding of what factors into the "life" part of the equation. This article sheds some light on that subject. The piece overviews a recent national study by the Bureau of Labor Statistics on how Americans use their free time. According to that American Time-Use Survey (ATUS), "TV remains the dominant free-time activity in America." In fact, "Americans watch 2 hours and 34 minutes of TV a day on average, compared with 20 minutes a day exercising and eight minutes a day volunteering or participating in religious or spiritual activities."
Posted by Arnie Herz on October 14, 2004
As I posted here, New York State Bar Association President Kenneth G. Standard is quite concerned about lawyer work-life balance. So much so, in fact, that he's now appointed the "Special Committee on Balanced Lives in the Law" to look into "how attorneys in various work settings confront the ever-evolving dynamics of meeting professional, societal and personal demands." According to this article, the "16-member committee will study such issues as increased time pressures and service demands, a highly competitive legal services marketplace, and expectations for client-development and billing practices." I think this is a great idea and look forward to seeing how the committee's work and findings unfold.
Posted by Arnie Herz on October 12, 2004
My wife is a lawyer and works part time in my firm. Like the couples featured in this article - who break and earn bread together - my wife and I have built a great working relationship based on mutual respect for our individual strengths. She's an excellent researcher and writer and can slice through legal arguments like a Ginsu-wielding chef. No one writes a more convincing brief. But, my wife's the first one to admit that she really doesn't enjoy dealing with clients face-to-face. I do. In fact, counseling clients is what I most enjoy about the practice of law. Also, unlike me, my wife's not at all comfortable with the posturing and strong stands that often must be taken in resolving legal matters. While I prefer respectful, rational discussions and reason to hard ball tactics, I'm not at all averse to using the latter when the situation dictates. So, despite the adage that you shouldn't take your work home or your home to work, my wife and I have managed to parlay our different, but complimentary, skills into a thriving "family business."
Posted by Arnie Herz on October 4, 2004
Law firms are jumping on the anti-stress bandwagon of late. Here's a quick read outlining steps firms can take to alleviate on-the-job stress. The article makes the compelling point that "[t]oo often we in the legal profession believe that high levels of stress are just natural by-products of our industry. But healthy environments are not highly stressful. Stress is present, but it never reaches levels that negatively affect the organization, the people in it or the clients they serve." After detailing the root causes of workplace stress in the legal profession - (1) supervisory styles; (2) interpersonal styles among personnel; (3) responsibilities and characteristics of particular positions; and (4) individual career concerns - the article provides some stress-reduction tips and an action plan firm managers can use to lighten the collective load.
Posted by Arnie Herz on October 1, 2004
This article discusses why law firm Arent Fox ranks an impressive fourth in The American Lawyer's recent Midlevel Associates Survey. According to the review, associates praised the firm's "humane approach to billable hours and support for pro bono work." They also touted how they're routinely treated "like adults" who have meaningful lives and interests "beyond the law" and who are mature enough to balance their work and extracurricular pursuits. Embracing their associates' paternity leave, extended vacations, yoga classes and sabbaticals as part and parcel of employing human beings, Arent Fox apparently recognizes that, just because we choose the law as a vocation, few of us want it to be the only thing that defines us in this lifetime.
Posted by Arnie Herz on September 24, 2004
Here's another interesting article discussing the road to work-life balance in the legal profession. It suggests that firms seeking to create a culture of balance for its lawyers and support staff cannot do it piecemeal. Instead, they need to widen the focus and makeover their firm's management style and approach to attract and retain quality people with a common vision of what balance is. That vision might include reduced billable hours, new office space affording lower overhead, streamlined practice areas and marketing, and the use of "technology to increase lawyer and firm productivity (such as intrafirm networks, software, docketing and document management, Internet and online research, e-mail and voicemail)." I have been part of many conversations about fostering work-life balance. Although I've found little consensus on what "balance" means, most people agree that to take any larger balancing initiative from theory to practice, everyone in the firm must be on board and act as a team. Otherwise, competition and infighting will likely arise and sabotage the effort.
Posted by Arnie Herz on September 21, 2004
I really enjoyed this article by fellow blogger Carolyn Elefant in which she candidly reflects on her first decade as a solo lawyer and comments on the state-of-the solo today. While she makes many great points about starting a business, using technology, marketing and balancing work and family life, one of her concluding thoughts really resonated with me: "As the practice of law becomes more like big business, service to clients, commitment to excellence and resourcefulness remain the only tools with which we solos can compete. We must use these tools not only to survive, however, but to lead." Well said and well done. Congratulations, Carolyn, on your decade of service.
Posted by Arnie Herz on September 1, 2004
Having just returned from a much-needed and really terrific family vacation, I could easily relate to the "going-back-to-work blues" discussed in this CS Monitor article on finding greater career fulfillment. According to the piece, there are several roads we can take on that quest for contentment. One is to go to the powers-that-be with a job re-design proposal forged on a "WIFT" (a/k/a "what's in it for them") analysis of how our co-workers and firm would benefit from the overhaul. The brainchild of Sharon Jordan-Evans, a workplace consultant and author, WIFT follows the basic premise that we have the ultimate power to find fulfillment in our careers and, so, must "take ownership [and] identify what's wrong or what's missing." If the WIFT approach seems too daunting, the piece suggests some baby steps to bringing "joy back to the workplace," such as: taking time daily to help co-workers, give gratitude and indulge your sense of humor or regularly meeting with co-workers to talk about "peak moments in the past six months - times when [you and] they were inspired or felt a sense of accomplishment."
Posted by Arnie Herz on July 15, 2004
When I left big firm practice, it was to fulfill a dream of having my own firm where I helped my clients assess their legal issues in terms of their real needs and larger life interests. It's been a bumpy journey in spots and my vision of the "perfect career" has certainly morphed and evolved over time, but I've learned much along the way and love what I now do as a lawyer and mediator. Here's an article from the ABA's Law Practice Magazine about lawyers who pursued their dream careers both in and outside the law. I like it very much for its candor about the self-effort that it takes to "dig out" our dreams and move towards fulfilling them. I also like the individual lawyer profiles for their upbeat message that those dreams definitely can come true.
Posted by Arnie Herz on July 12, 2004
This American Lawyer article on litigator-turned-entrepreneur Warren Brown made me smile. Realizing early on in his career that "law was not his life's calling," Brown decided that what Washington, D.C. really needed was high-quality cake made from scratch. Overcoming his "fear of flour," he "tackled cake baking like a lawyer -- that is, doing extensive research on cakes, making them, and analyzing the result" - before opening his bakery, CakeLove, to rave reviews.
Posted by Arnie Herz on June 8, 2004
This article suggests that lawyers can achieve work-life balance by establishing priorities, setting limits and recognizing that "having it all" is impossible. Its cut-and-dry approach pairs well with this questionnaire focusing on external sources of work-life disequilibrium. By contrast, this article takes readers through exercises that help them identify internal sources of imbalance. According to the article, people with "intrinsic" primary goals and values - such as self-improvement, close relationships, community and social betterment - tend to feel happy and balanced in their careers and lives. But those focused on "extrinsic" goals - such as financial affluence, luxury, power and image - tend to experience decreased work-life satisfaction.
