Attorney Mental Health

Last Post

In January I announced I would stop blogging after a final post. Maybe I’ll start back later, but that’s not the current plan.

I have practiced law for 26 years. When I started this blog 11 years ago, I planned to practice for 50 years. I won’t make it. This post is a self-exploration of what changed.

I’ve heard some of the speculation. I don’t have another job lined up. I have no plans to move (before I stop practicing). The chances of those happening in the next year are not 0%, but neither are likely. My life is complicated. Muddling through as a solo might be my best move.

My blog is not as good as it used to be. I know it. It’s because I don’t spend as much time on it as I once did. I used to spend 8-10 hours a week writing blog posts. It’s hard to maintain the quality when that number goes down to 1 hour a week.

People ask me about blogging all the time. Blogging is hard. It takes a lot of time. Having an idea for 5 posts is a lot different from being able to write 50 posts. It’s hard to come up with topics.

Some people don’t like what you write. They let you know. It’s not a great feeling.

There are posts I’d like to have back. Especially when I started, I didn’t have a good feel for what topics I should not write about. It’s easy to fall into viewing page views and chasing them by writing about subjects that garner the most attention. Viewer stats were exciting at first. I remember getting excited when 10, then 50 or a hundred people read my blog. It was neat.

It took a while, but I figured out that writing for page views wasn’t for me. I stopped looking at viewer stats years ago. If people mention my blog, I figured I was reaching my audience—the approximately 5,000 attorneys in Mississippi.

Some lawyers who lost a trial don’t like to see me write about the verdict. I understand. I’m not proud of my losses either. But when I hear about a trial result, I never think the lawyer for the losing side blew it. Litigators are better off having a record of trying cases and losing them than never trying a case.

Litigators are interesting. We wrap our identity in the results of our cases. But we don’t apply that standard to our colleagues. We judge colleagues on diligence, not wins and losses. It sucks that we don’t apply that standard to ourselves.

I’m old enough to have friends who are judges. If they are a representative sample, judges do not judge attorney competency by won-loss records.

It would be disingenuous if I said I did not start blogging for attention. At the time, I would have told you it was to address a deep frustration I felt about ignorance within the Mississippi legal community about the mounting obstacles to litigating cases in Mississippi.

Hard as it is to believe now, a common refrain among defense lawyers when tort reform was enacted was: “plaintiff lawyers will always file cases.” I still remember some lawyers who said that. Not one has thrived in the current environment. Ironically, some no longer practice law. If you think about it, that shouldn’t be a surprise.

According to the Miss. Jury Verdict Reporter, in 2019 there were 0 products liability trials in Mississippi. Zero!

There were 10 medical malpractice trials with plaintiffs going a respectable 3-7. Good luck to the 3 winners on appeal. There were 35 car wreck trials. Most trials were fender benders. There were 10 employment cases. God bless the plaintiff employment lawyers. I took one employment case and vowed it would be my last when at the settlement conference the magistrate advised us to accept a mid 3-figure settlement offer.

Every Sunday and Monday attorneys from Butler Snow and other firms board planes and travel to places where significant litigation is happening. I’m not saying Mississippi should be one of those places. But it’s tough to see when it once was.

I’m not proud of results. I’m proud of work ethic and effort. I learned how to work at age 16 on the underground crew at Coast Electric Power Association in Gulfport. The underground crew put in the buried power lines. My job was to dig trenches with post hole diggers. On my first day, we had a about a 15 ft. stretch of primary trench that had to be dug by hand. We buried primary lines 4 ft. deep. That’s deeper than it sounds if you’ve never dug a 4 ft. hole. It’s the length of the shaft on a shovel—that’s how we measured whether the hole was deep enough. They broke that news the first time I asked how deep I needed to dig. I still had about 3 ft. to go.

I dug the entire 15 ft. myself. I didn’t know it, but it was a test. Usually, others on the crew would chip in and help. But they wanted to see if I had it. It took me 2 hours. When I was done, my hands were bleeding. But I never complained and I never stopped. I arrived at the job that day a pampered outsider. I left a respected member of the crew. Only then did they tell me the stories of the many people who couldn’t hack it.

Not that the job became easy. It was a hard job. It was summer. It wasn’t just digging—you had to go at a minimum pace and had to get sufficient dirt on every shovel or post-hole dig. I wasn’t hazed constantly. But I was hazed, particularly by the crew foreman. Now I appreciate it. There is no way I would have made it to law school, through law school and to where I am without that hazing and that experience.

I used to think I had a work-life balance. Only lately did I understand I didn’t. Work came first. Life came second. As far as where I devoted mental energy, work was always first. I was like that from 1993 to July 2015.

For me, to be the best attorney I could be, I had to let it consume me mentally for long stretches, particularly if a trial was approaching. My wife calls it my ‘turtle mode.’ I go into my shell and mentally disappear. It’s a fair analogy. Anyone who has ever tried a case with me understands.

I was in turtle mode a lot. Too much actually. I have regrets on that, but not on the whole. Work had to come first for me. It wouldn’t have worked for me otherwise.

The journey was the reward—not the results. The journey was litigating cases. I loved it more than anyone I knew. I can’t tell you how much I loved litigating cases.

And now I don’t. It’s okay. But I don’t love it. Even if I did, it wouldn’t be smart for me to do it much longer. It’s not good for me. Not mentally; not physically.

What changed? My wife got sick. 2015 was a hard year. I had hip surgery at end of 2014 and my hip just got worse in 2015. I couldn’t hike, which is my happy place the same way being in the outdoors is healing for hunters or fisherman. I couldn’t even walk more than a quarter mile pain free. I was in chronic pain and depressed. Then shit got really bad.

My wife played on a national championship basketball team at Delta State and is the best female athlete I’ve ever known. In 20 years, I’ve beaten her in horse once. Ten years ago she could still play shortstop. Her having health problems was not something I considered remotely possible.

In 2015 Deb was feeling off. She’d go up a flight of stairs and almost pass out. She had been experiencing terrible fatigue a while. She went to a cardiologist and they did a heart echo. I still remember where I was when she called to tell me the diagnosis of pulmonary hypertension. It didn’t sound that bad. Plenty of people have hypertension. It can’t be that bad, right? Wrong.

That night I researched pulmonary hypertension. It’s a rare, progressive life-threatening disease. It is sometimes called an invisible disease because the person can look fine, but not be well. When I Googled ‘pulmonary hypertension life expectancy’ it said 2.5 – 3 years. She was 43. Our daughters were 19 and 9.

A week later we were at the Mayo Clinic in Rochester Minnesota. We were there a week and a half and have returned often. At a minimum, we go every summer when our youngest daughter is at camp.

The news was not all bad. We caught it early before she had heart damage. An early diagnosis and treatment doubles life expectancy. Some people live with the disease for years. Hopefully, she will be one of them. But as someone who has spent my fair share of time in casinos and betting my own money funding cases, I’m respectful of the odds.

I’ve learned tough lessons in my life. One is what I want to do when a loved one is sick. My mother died of lung cancer in 1998 and I blew it. I didn’t spend enough time with her. I will have guilt and regret about it for the rest of my life. I didn’t repeat the mistake when my father got sick in 2010. I will never make that mistake again.

So when Deb got sick, I went to the house for a month. I had to contemplate a future in which I may raise our youngest daughter alone. One thing I figured out was that future would not include me litigating cases. I would have quit working until she left for college and sorted the rest out then.

I also had to decide how much time I would spend with Deb and the quality of that time. For the first time, I put family first. It changed me as a person.

I stepped back in a way I never had before. Enough to get a glimpse of myself when I’m not consumed with litigation. It was illuminating. It’s nearly impossible for me to be present with my family when I’m focused on litigation.

I take at least 2.5 hours to unwind from work, and that’s only to a point. If I want to be present at 5:00 p.m., I need to be winding down by 2:30.

That’s hard to do all the time. I still revert to hyper-focus on work at times—just not all the time. It’s made me a better person. My mood is better. I’m more patient. I’m more present. I feel better.

When I’m consumed with litigation, I focus on being professional all day. Then I go home and act like a jackass half the time. Usually, I don’t even know it until it’s pointed out. Don’t worry, Deb is not reluctant to point it out.

Bars are full of litigators at 6:00 p.m. Most don’t know it, but they’re trying to medicate with booze to speed the unwinding process.

For 20 years my work schedule was 7:30 a.m. to 5:45 p.m. I did my deep work in the morning and spent the afternoon on the phone, blogging or doing administrative or mindless tasks. If I was busy, I brought work home and worked two hours at night. I usually worked 4 hours on weekends. A few times a year, I worked at least 30 straight days. I went many years without taking a week off at one time.

Not anymore. Depending on my workload, I may start now at 4:30 a.m. The goal is to be wrapping up by 2:30 p.m. Ideally, I will hit the gym and be home and present by 4:00 p.m. I take off several weeks per year.

I had to choose. What is best for my career is not what’s best for me personally. I think I’ve made the right choices lately. But who knows?

If I knew I would practice law for 10+ years without my family dynamic, I would move out of Mississippi. Nashville is the hot destination city, so I’d look there first. I would start over career wise. The work I like doing barely exists in Mississippi anymore. It’s like trying to farm in bad soil. I still may make a big move. But my life-work balance makes it a hard decision.

As recently as a decade ago, I thought I would practice at least 50 years. I won’t make it 35.

If I don’t stop before I’m sixty, I’m afraid something bad will happen. I’m in tune with my body enough to know that litigating cases is terrible for my health. If something hurts, litigation makes it hurt worse. I have no idea why. I just know it’s true.

I’ve had 4 surgeries in the last 20 years including a total hip replacement. I’m certain that my job and related stress impeded healing. Some believe stress causes heart disease. It makes sense.

We all know attorneys who had heart attacks at young ages. A good friend suffered a heart attack in court at a young age and had bypass surgery. I can name more than a few attorneys who died or had close calls with heart attacks before age 60. I want to get out before that’s me.

I view litigators differently than I used to. Most litigators are insecure and trying to hide it—myself included.

A litigator’s job is to resolve disputes. But that’s not why any of us became litigators. Litigators want to litigate and win. That’s not necessarily a good thing. There is tremendous intangible value for a client in ending a dispute. It’s rarely considered by their attorneys. I’m as bad as anyone on this. I’m much better at convincing other people to settle their cases than I am convincing myself.

I wonder if we need dedicated ADR lawyers who will not be litigating in the trenches if cases don’t settle. The problem with ADR now is it’s done by litigators, so they litigate in the alternative forum.

The few times I’ve dealt with ‘settlement counsel’ have been refreshing. The cases have not always settled, but settlement counsel’s whole approach and communication style differs completely from negotiating with litigators. The system needs more settlement counsel.

I have a growing fear that litigation changes people for the worst. Not everyone and not always, but the trajectory of what it does to the humanity of the person is usually down.

The reasons for this are numerous and complex. Always being immersed in conflict can’t be healthy. Having to deal with parties who—without exception—are emotional about their dispute is wearing. And as an astute colleague once observed, all the stress is cumulative. It never leaves the system.

Ego is another problem for attorneys. Ego is the enemy of litigators. All good litigators have an ego. I doubt there is an exception to the rule. The best of us can control and manage our egos. Some attorneys with the most trouble managing their egos go crazy.

A lawyer’s relationship with his/her ego seems to change during their career. Many lawyers get better with their ego. Some do worse. A lawyer with a runaway ego seems to stand out more the deeper into their career they get. I hope my ego is not what it once was, but if I’m like most people, self-awareness is not my strongest trait.

But the disease may be curable. I’ve encountered many former litigators who seemed like a burden had been lifted. They smiled more, were warmer, seemed less anxious and uptight and had an all-around healthier vibe.

Ego is not the most damaging trait I see in attorneys—that would be envy. For some, it starts in law school with students at the top of the class and never goes away.

Envy is poison. It’s toxic. It ruins people. I don’t know how common it is. It’s one of the few problems this career causes that I’ve never, or almost never, suffered.

Some people try to contain their envy, but it emerges occasionally.

Attorneys speaking from a place of envy often have venom in their voice. It’s visceral. It’s unfair because it makes the envied person disliked by the envier without good reason. It’s also unfair because the envier would happily trade places–that’s what they’re mad about.

Litigators with big egos are mostly just fooling themselves. Litigators are replaceable.

I am replaceable. You are replaceable. Almost no one is as bad a lawyer as you think. Almost no one is as good a lawyer as they think. Just because someone else would do it differently doesn’t mean the outcome would be different. Hundreds of people in Mississippi can do your job as well as you.

Here’s a take a lot of lawyers will disagree with: trial attorneys peak in their 40’s. I’m talking about as courtroom lawyers. The reason is that it is so physically hard to stay sharp day after day during trial.

Anyone who has tried a case for a week or more knows the toll it takes. I’ve tried cases that lasted two weeks where when the adrenaline crashed, I thought I would never feel right again.

Ideally, trial lawyers should be arguing appeals or in management and consultant roles in their 50’s and 60’s. That would be better for them, their firms and their clients.

The future for career litigators in Mississippi has never looked worse. Other than car wrecks, workers comp., criminal and domestic, litigation is on life support as a practice area.

According to the Miss. Jury Verdict Reporter, in 2019 here is the number of trials in Mississippi by practice area: 0 products liability; 5 premises liability; 4 civil rights; 10 employment; and 10 medical malpractice. Those numbers should petrify defense lawyers.

Attorneys who want to work on more complicated civil cases are waiting on a bus that will never arrive. I am one of those attorneys. Prospects are bad.

I don’t know what my professional future will be. I’m at an inflection point in my career. It was researching for this blog post in 2010 when I fully realized how bad of trouble small firm litigators who want to work on big cases are in. I ended that post with this:

It will be interesting to see how plaintiff firms in Mississippi will look 10–15 years from now. My guess is that we are getting close to an era where plaintiff firms in Mississippi get larger. And while this would cause plaintiff lawyers to lose some of their autonomy, it would put them in a better position to compete for leadership slots in national litigation.

That turned out to be true. When was the last time you checked how many attorneys Richard Schwartz and Morgan & Morgan employ in Mississippi? The numbers may surprise you. They surprised me and I try to keep up with these things. Quietly, the plaintiff firms spending the most on advertising are growing.

My personal life makes it complicated. I want to make another run with a big case or group of cases, but it looks unlikely if I stay in Mississippi. I could leave and have a good chance of working on what interests me, but it might not be best for my family.

I know I want to go out at the height of my skills. I never want to be the old litigator who the young litigators hear used to have it. I will be one of the first in my age group to retire from practicing law. Finances will not be a deciding factor. I still know how to work. I could do it for less money and still be happy.

I took a year off from college and law school. I was poor. I remember two-week paychecks in Montana that were sub $200. It was a great year. I should have stayed out west for several years.

It took practice, but I sleep better on the ground in a tent than in a noisy hotel. I can survive happily on much less than my current standard of living. I’m about to turn 53. Anything can happen, but I will be surprised if I’m still practicing when I’m 60. I see myself practicing 4-5 years and walking away.

I used to have a mental list of attorneys I wanted to try cases against. It’s long gone. My list now is of the trails I want to hike. At least once and as many as 3 times a summer, I hike 60-75 miles in 5 days.

Sometimes I hike in groups of 10-12 hikers in supported treks so we don’t have to carry all our gear between camps. I see other hikers break down physically over the week.

The reverse happens to me. I get healthier and stronger. The last day, I’m passing people on climbs who were leaving me behind day 1. I feel great at the end of the week. Something must be wrong when I start these weeks. It’s stress—it has to be.

I’m a different person when I’m hiking. I even use a different name, my ‘trail name.’ I like that person better than Phil the attorney. You probably would too.

My mother died at 58. My father had open heart surgery in his 50’s. At the rate I’m going, I will too.

My wife has a terminal illness. The clock is ticking. I will not kill myself practicing law just in case I live to 90. I do not want to spend my golden years answering discovery. I’ve got to get my daughter out of high school. Then, we will move someplace I can see a mountain out the window. And every day I feel like it, I go hiking.

I’m not saying you should go hiking. But attorneys should get out of their professional bubble.

Find your ‘hiking,’ whatever it is. Do it as much as you can. Because whatever your hiking is, it will beat the hell out of practicing law.

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Is Staying Off Mobile Phone a Fix for Attorneys’ Mental Health?

Clio’s blog published this article advising attorneys to stay off their mobile phones for the sake of mental health. It includes:

Sometimes working outside of business hours is necessary—there may be a transaction heating up or a trial to prepare for. Intermittent days of long hours are often required, but when this becomes business as usual, something needs to change.

Tony Swartz founder of the The Energy Project writes:

“The more hours people work beyond 40 — and the more continuously they work — the worse they feel, and the less engaged they become.”

As you can see, this has a negative effect on performance. It doesn’t just feel bad to work all the time, quality of work and mental output suffers, too.

If you’re constantly checking and responding to emails on your phone while at home, or out with friends and family, then maybe it’s time to take action to secure time for yourself that isn’t about your clients and legal practice.

The article goes on to offer advice for how to stay off your phone.

My Take:

For lawyers, the phone isn’t the problem. It’s the job.

You know who can’t stay off their phones? Grandmothers. Go to a kid’s sporting event and you’ll see numerous grandmas who are there to watch their grandchild glued to their phone to catch every Facebook notification.

Some of the kids’ moms aren’t doing that. They are shopping on their cell phones instead. Dads aren’t any better. Grandads are. They prefer bothering the people around them who would rather focus on their phone.

I don’t believe attorneys are more glued to their phones than society at large.

I agree the constant connectivity phones provide increase anxiety because bad news can arrive at anytime with ECF filing. But without mobile phones, we’d sit at our desks until 5:00 p.m. every day instead of going and doing something else. If someone is going to throw a hand grenade in my foxhole at 4:00 p.m., I might as well be at the gym or walking my dog. On the whole, mobile phones make practicing law better–not worse.

The problem is the job. I’ve been thinking and writing about attorney mental health for a while. For litigators in particular, it’s not a healthy way to make a living. Back in the day it could be fun. But I don’t know anyone having fun practicing law anymore.

One of the main reasons is that to do your best work, you need to think about it all the time. That’s unhealthy. And there is no solution short of moving out of litigation. Which is not an option for many of us.

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Judge Primeaux on an Unforseen Time-Bomb in Divorce Litigation

I don’t even practice divorce law, and this post on Judge Larry Primeaux’s blog Tuesday gave me anxiety. The post discusses a recent Miss. Court of Appeals decision involving an attempt to modify a divorce decree after underlying assumptions underpinning a property division changed.

Judge Primeaux explains:

This case highlights the difficult position that litigants find themselves in when the assumptions upon which the equitable division change or prove to be untrue. If you’re negotiating how to divide your client’s retirement, it would be better to cast it as alimony, which is modifiable. If that doesn’t fly, try to negotiate a percentage rather than a fixed sum. If the case is being adjudicated, be sure to develop your client’s position that any such award should be alimony, and why, and that any award should be as a percentage.

Whatever strategy you employ to minimize risk to your client (and you), it’s important to keep in mind that these retirement provisions are ticking away in your client’s life, far beyond the time limit to appeal, and remember: property division is not modifiable. [Emphasis added].

It’s the “and you” that made me break out in sweats. I had no anxiety litigating for the first 10 or so years of practice. Confident as hell, but sometimes what I later referred to as “young and dumb.” Now, the mundane can make me feel anxious. What changed? Experience.

Experience with seeing the unexpected happen. Experience losing. Experience with seeing a witness flip, a judge make a head-scratching ruling or a focus group jumping to conclusions based on improper reasons.

A lot can go wrong in litigation. And for attorneys, there’s not anything wrong with that–at least in general theory. It’s one of the biggest reasons clients need attorneys and attorneys can charge a lot for their work.

But that’s also one of the reasons being an attorney is a tough profession physically, mentally and emotionally. If you practice long enough, the unexpected will happen in a way that doesn’t go your way. And it’s going to suck.

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If You’re Working, it’s Not a Vacation

This lawyerist.com article by Randall Ryder takes on the topic of lawyers working while on vacation. Here’s the opening:

Taking a vacation as a litigator (especially a solo litigator) can be difficult. Frankly, a vacation may not feel like much of a vacation.

In today’s technological wonderland it’s easy to work from anywhere. The bad thing is clients are increasingly expecting lawyers to work from anywhere.

In my opinion, the best solution is to compromise. Don’t ignore your practice while you are gone, but don’t immerse yourself either.

My Take:

I disagree.

The reason that it doesn’t feel like a vacation is that if you’re working, it’s not a vacation. A vacation is when you get away from work.

If I take my family somewhere and I keep up with emails and make a bunch of work phone calls, then I’m working. The fact it’s in Destin doesn’t matter. My body may be on the beach, but my head is in the same place as if I’m sitting in my office.

My family may be on vacation, but I’m not. And honestly, they aren’t going to be having much of a vacation either if I’m stressed out on work issues.

So far this summer I’ve driven to North Carolina twice, Destin once and spent a couple of days in Rochester, Minnesota. I did not unplug and leave work behind on any of those trips. They weren’t vacations. They were low-productive days working remotely.

Don’t kid yourself. If you’re hunting, at the beach or going to a ballgame and you are reading emails and taking work related calls, then you aren’t on vacation. I’m not suggesting you don’t work on these outings. Most of the time we have to. But don’t kid yourself that it’s a vacation if you’re working.

This is a real issue for attorneys. We can look around and realize we haven’t had a real vacation of a week or more in years. I believe this wears on us and is one of the reasons for all the anxiety and mental health issues in the profession.

I strongly recommend taking at least a 1 week real unplugged vacation every year. Don’t be defensive about it. Tell clients and colleagues about it. You need to be in top form for them when you are not on vacation.

I do not always practice what I preach on this point. But I should.

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MLR Investigative Report: What Happened to All the Miss. Litigation Attorneys?

For the past few years, the staff at Miss. Litigation Review has noticed a decline in the number of litigation attorneys in Mississippi.

Many wind up practicing in Nashville. But others just drop off the radar. Where did they go? This exclusive footage solves the mystery. I remember this guy. He worked for one of the mass tort firms on silica defense back in the day.

Seriously, as the compensation of private practice fails to keep pace with the stress, I have more and more attorneys telling me they are considering some sort of alternative employment. Specific plans are different, but the key components are a desire for a low responsibility and stress job.

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‘The Lawyer, the Addict’ is NY Times’ Most Emailed Article This Week

Eilene Zimmerman’s moving article in the NY Times this weekend about the death of her attorney ex-husband is receiving a lot of attention. Please don’t rely on my description of the article. If you haven’t already read it, go read it at above link and come back.

Peter Munson died in 2015 from complications related to intravenous heroine use. A Silicon Valley patent attorney, his last phone call was dialing into a conference call for work. Peter’s ex-wife is convinced that the profession contributed to his addiction.

This section really moved me:

At Peter’s memorial service in 2015 — held in a place he loved, with sweeping views of the Pacific — a young associate from his firm stood up to speak of their friendship and of the bands they sometimes went to see together, only to break down in tears. Quite a few of the lawyers attending the service were bent over their phones, reading and tapping out emails.

Their friend and colleague was dead, and yet they couldn’t stop working long enough to listen to what was being said about him.

Peter himself lived in a state of heavy stress. He obsessed about the competition, about his compensation, about the clients, their demands and his fear of losing them. He loved the intellectual challenge of his work but hated the combative nature of the profession, because it was at odds with his own nature.

Nailed it.

I’m convinced that the combative nature of the profession has a cumulative adverse impact on attorneys mental health that slowly builds for years. I don’t hear about lawyers in their 20’s and 30’s having mental breakdowns. It seems to happen in our 40’s and 50’s after we’ve endured 20-plus years of the grind of the profession.

I’m also convinced that constant connection with work from cell phones is terrible for attorney mental health. Am I the only one who sometimes dreads having my phone vibrate signaling a new email has arrived when I am not working? It used to be that a day off was really a day off. Now, it’s just a day out of the office. The fires keep coming.

This point also hits on something I’ve been thinking of as a stresser in the law:

“Yes, there are other stressful professions,” said Wil Miller, who practices family law in the offices of Molly B. Kenny in Bellevue, Wash. He spent 10 years as a sex crimes prosecutor, the last six months of which he was addicted to methamphetamines. “Being a surgeon is stressful, for instance — but not in the same way. It would be like having another surgeon across the table from you trying to undo your operation. In law, you are financially rewarded for being hostile.”

Exactly. In what other profession is there an opponent whose job it is to point out your deficiencies and ruin your case? That’s stressful. At least for normal people.

I wish I had the answer for dealing with professional stress. I don’t. Daily exercise is my go to stress reliever. But it’s a treatment–not a cure.

I would love to know the affect on attorney mental health of the sabbatical that Butler Snow requires its attorneys to take every, what? 15 years? It sounds like a great idea. Of course, most attorneys don’t work at a big deep firm like Butler Snow and a sabbatical is not realistic.

I’ve more than toyed with the idea of taking a sabbatical. Leading up to the summer of 2015, I cleared my calendar for a 500 mile hike that would have taken 4-6 weeks to complete. And then my hip went bad. Now it would be hard to get away for that long even if the hip was 100%.

Sometimes when I think about that hike, I hear Morgan Freeman’s voice at the end of Shawshank Redemption:

I wonder if he would have finished that hike. I wonder if he would have gone home relieved of the stress of the law and ready for another 20 years. I wonder if he would have gotten eaten by a bear. I wonder…..

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Law Firms Getting More Proactive in Addressing Attorney Mental Health

Last week a Wall Street Journal article (paywall) on law firms bringing therapists into the office led to two Above the Law posts on the issue. The article notes that attorneys are more likely than other professionals to have substance abuse and other mental health issues and to commit suicide.

As Jeena Cho wrote on Above the Law:

So, let’s review. Everyone knows there’s a 6 ton elephant sitting in the room — lawyers struggle with a disproportionately high levels of stress/anxiety, depression, and substance/alcohol abuse. This information isn’t a secret. EVERYONE knows it. Likely, including the clients. Yet, law firms aren’t willing to address the problem because they fear their clients will think the lawyers are “crazy.”

Sadly, law firms tend to intervene only after an attorney’s productivity declines.

But the 2,500 lawyer firm Hogan Lovells now offers on-site psychologist for its attorneys:

“It’s been a rousing success,” said Oliver Armas, the firm’s New York managing partner. The service is open to the office’s roughly 400 employees, including junior lawyers, partners and support staff.

Here’s why more firms don’t have these programs:

Joseph Andrew, the global chairman of Dentons, said that while he applauded Hogan Lovells for having an on-site psychologist, the fear of offering such a service is that “our competitors will say we have crazy lawyers.”

Bingo. But not just competitors outside the firm. Big firms can be like the Hunger Games. Sometimes the attorney you really need to watch out for is down the hall.

Since 28% of attorneys suffer from depression, it’s an issue at every law firm with more than a few lawyers. Many times, the depression can be greatly improved with just a few visits to a therapist.

If I’m managing a big firm, I want all my attorneys to see a therapist at least once a year. I’m certain that the investment would be returned many times over in increased productivity and a better vibe around the office because people feel better.

You might not buy the notion that therapy helps. My response: what will it hurt to try? And if you tried a therapist in the past and it didn’t help, try a different one. Having the right therapist for you makes a huge difference.

I can promise that seeking help from a therapist or addressing substance abuse does not make you less of an attorney. Since I’ve been writing about attorney mental health issues, I’ve had many great lawyers thank me and tell me about their own personal experiences with attorney mental health issues. I’m talking about some of the best lawyers in Mississippi.

I believe that a therapist saved my life during a rough patch a long time ago. Not that I’d necessarily be dead now, but I would be crazy. Every year I see my doctor for an annual physical. But I don’t see my therapist every year for an annual mental check-up. I’ve got that backwards. My mental health should be the bigger priority.

As an attorney, my mental health is more important than my physical health. Maybe my managing partner can do something about that. If you manage a law firm, maybe you should do something about that for the attorneys at your firm.

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Some People Claim That There’s a Judge to Blame, But I Know…..

The opening in Judge Primeaux’s latest blog post on blaming the judge really got my attention:

I am totally comfortable with the fact that one side in nearly every case that I decide is convinced that I am: (a) a raving, total, lunatic; (b) an idiot who lacks common sense; (c) a gullible fool duped by the liars on the other side; (d) an ignoramus about the law; (d) “on the take” from the other side or from sinister, unknown vectors; or (e) any combination or all of the above.

There’s not one revision that makes that a truer statement. And it applies to both clients and their lawyers.

Occasionally, I think a decision was a close call that could have gone either way. The rest of the time, the judge was a lunatic/ idiot/ fool/ ignoramus. Ask me a few weeks or months later and I’ll probably give a different answer. But the natural first reaction is to always blame.

Of course, in jury trials we may say those things about the jury and not the judge, who can’t help that his/her district is composed of fools.

In the instance that Judge Primeaux cited, an apparently procrastinating lawyer unfairly told the client that delays were the judge’s fault:

One example occurred several months ago when a frustrated party called the chancery clerk and complained that she was told that I was refusing to set a case for trial. I pulled the file and found that it was a case for contempt and modification that had been pending several months. Neither lawyer had answered discovery, which was overdue. No one had filed a motion for a trial setting. There was no scheduling order.

What’s the world coming to when a client starts calling the clerk to check out her lawyer’s story? In my day, lawyers didn’t have to worry about clients checking out their excuses.

It’s human nature to blame others for, well, pretty much everything. But as Jimmy Buffett famously sang in Magaritaville, maybe it’s our own damn fault.

Lawyers would do better by shooting straight with their clients. If you are too busy with other matters to get to their case right now, tell them. It’s been my experience that clients are fine with that explanation as long as you tell them when you will get to their case and you actually do it when you said.

That reminds me of another area where many lawyers aren’t straight shooters: explaining why they aren’t taking a case. I can’t tell you how many times I’ve had to tell people that they don’t have a great case because of ‘x’ reason that the lawyer who said they had a million dollar case probably knew but didn’t tell them.

On the issue of blame for a decision, lawyers tend to use reasons (a) – (d). Clients almost always choose the second (d) as the reason: the judge or jury is “on the take” from the other side or from sinister, unknown vectors. Many times, losing clients conclude that their own lawyer was also “on the take.”

By the way, if you ever get a call from a prospective client who says anyone was “on the take“, run. That and ‘you never want to be the client’s third (or more) lawyer in a case’ are about the only two rules of thumb I can give you for client selection that apply in every practice area.

A good rule of thumb for case valuation is that anytime a prospective client says they have a “million dollar case”, they probably have a hurt feelings case with no damages.

It’s taken me a long time to figure this out, but disputes that wind up in litigation are messy. At the end of the day, the judge or jury’s role is more about making the decision that resolves the dispute than making the ‘right’ decision. The losing side is nearly always going to truly believe that the decision was wrong.

That more than anything else is why a settlement–with or without the assistance of a mediator–is a safer resolution for both sides. I heard James Graves say that over 20 years ago in a settlement conference when he was a Hinds County Circuit Court Judge. As an under 30 rookie lawyer, he might as well have told me that the Bulls and Pistons should negotiate the Eastern Conference Championship. It took me a long time to understand and agree with Judge Graves’ statement.

It’s messy. Facts are disputed. The law can often go either way. Both sides are convinced they are right. When we win, we aren’t as smart as we think we are. When we lose, we blame ourselves too much.

It’s a crapshoot. So rather than blaming the decision maker, maybe we should examine whether we did everything we could to resolve the case before the moron(s) had to decide it.

But when it does go the distance and the decision is made, it’s time for the lawyers to follow Bill Belichick’s advice and move on mentally to the next case:

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It’s Tough Out There for Lawyers

The bad news keeps pouring in for lawyers with these latest headlines:

From the Times article:

Mr. Acosta is just one of tens of thousands of recent law school graduates caught up in a broad transformation of the legal profession. While demand for other white-collar jobs has grown substantially since the start of the recession, law firms and corporations are finding they can make do with far fewer in-house lawyers than before, squeezing those just starting their careers.

Here in Jackson, 2016 seems to be a shake out year. Firm breakups and downsizing are going on that points to fewer lawyers and staff at the big firms. That’s going to lead to increased competition for lawyers who do personal injury, family law and other practice areas that lawyers outside big firms focus on.

These pressures will in turn lead to more anxiety and depression for lawyers who are worried about their future.

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Enjoy Business Travel? Let Me See if I Can Fix That

Many lawyers love business travel. Get out of the house, get a break from the kids, have a few drinks, big meal at a chain restaurant, watch some TV. They can have it.

Until business travel doesn’t require staying in a hotel, you can have it. Why?

Hotels are filthy. F-i-l-t-h-y.

Hotels have bed bugs. Just ask Kyrie Irving.

Next time you are in a hotel, look where the vacuum cleaner doesn’t reach. For instance, look at the space between the night stand and the bed.

And look at the TV remote. Does it look clean? No it doesn’t. It looks like a filthy piece of plastic wiped down with a dirty rag. If you think about it, that last statement is going to apply to the entire room. Do yourself a favor and bring some sanitary wipes and wipe the remote off when you arrive.

How often do hotels wash bedspreads and pillows? I’m a glass is half empty kind of guy, so I say never.

Not to say all hotels are filthy. A Ritz Carlton room is usually clean, at least in the three times I could afford to stay at one.

Hotels are also noisy. The 10% of the guests who act like they are in a barn ruin it for everyone else.

Plus, it’s common for a hotel to give you a key to an already occupied room. Or to give someone else the key to your room. People have lost fingers in the door when this snafu happened. In Mississippi. More than once.

You also see a lot of weirdos and dumb-asses in hotels. I’m not sure if the hotel-idiots are always like that or just when they stay at a hotel. But don’t say anything to them or look at them crooked. They might beat the stew out of you. That’s also not unheard of in Mississippi.

Hotels are full of people acting stupid. After college, I worked for a summer as a front desk clerk for a lodge in Glacier National Park. My last day on the job, I wrote down every stupid thing that guests said to me. I thought I would have a few things on my list. It was four pages. It would have been shorter if I had written it down when people didn’t say something stupid.

Here’s a tip. If you like hotels, try not to pay attention when you are in them. If you do, you might not like what you see. And then you will be ruined on the path to hotel phobia.

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