Category: Wellness

Burnout: A Necessary Part of Lawyers’ Lives?

By Randall Christison

Talking to a lawyer-friend recently, one in practice for many years, I asked how he was.  “Working harder; enjoying it less.”  Far from flippant, he was deadly serious.  Everything in his voice and body language suggested he was at the end of his rope.  I asked what he does after he leaves his office each day: “home to my networked computer.”  In essence he’s in the office many hours and telecommutes the rest.  I asked about his résumé, down at the bottom, where we put hobbies and personal information, what did he have there?  With a mirthless laugh he responded, “You mean those things I haven’t done in decades?  That was a different lifetime.”  Maybe more accurately, that “was when I had a life, before the law sucked it out of me.” Read More

Stride, Not Stress, to Success

By Lori Pope

Congratulations, you have picked a career where feeling stressed is the baseline on any given day. This stress does not just affect our physical and mental health, but our ability to perform our duty to represent our clients diligently and competently.  As new attorneys, we are learning every day in a field that is constantly changing around us, and we have to constantly adapt while staying on top of our always growing caseload.  Not stressful at all. Read More

The Crisis of Purpose in the Legal Profession

By Marta Manus

Purposeful engagement is directly linked to a person’s overall well-being and quality of life. At the Yale School of Management, every MBA student takes a class on purpose at work. Unfortunately, my law school didn’t offer such a class. In fact, law school was primarily focused on creating individuals who “think like lawyers.” How do lawyers think? What are lawyers taught about the legal profession in law school and how is it serving lawyers, the profession, and the world at large? Read More

Be the Best You

By Joan R. M. Bullock

In the March/April issue I wrote the article, “Today’s Lawyer,” focusing on the solo and small firm practitioner. I noted how the DIY economy, fueled by commoditization of legal solutions from digital platforms, threatens the practices of solo and small firm lawyers. A similar commoditization — developing reusable templates for bread-and-butter legal work — functioned well for the small firm practitioner. The practitioner profited from being able to charge a reasonable fee based upon the value of the legal solution proffered even though the actual time taken to provide the legal solution was shortened through the repeated use of the template. In fact, the small firm practitioner could expand the practice by utilizing interns, new lawyers and paralegals to complete and review the template for client matters with a resultant growth in revenue and profits for the firm’s bottom line. Digital platforms such as LegalZoom, Rocket Lawyer, Nolo, LawDepot and even the Google search engine, however, took this commoditization of legal solutions one step further—making a form of the template accessible to the lay market, permitting these platforms to profit from the volume of those seeking access as well as from the subsequent queries that come from the lay market utilizing those templates.

The increasing competitive nature of small firm practice and the growing encroachment of digital platforms in the legal services market have resulted in seasoned practices being reluctant to bring on novice attorneys who cannot contribute to the bottom line early on. Law schools have stepped up to this challenge and are providing more skills and experiential training in the curriculum. But is this enough?

About a month ago I got an update on LinkedIn regarding an article entitled “How a Thomas Jefferson Grad Came to be in Charge of the Ivy League Alums.” The author, Frederick Shelton, President and CEO of the Legal Business & Marketing Consulting firm of Shelton & Steele, wrote about the “Rainmaker’s Reward” and the utility of street smarts. It’s no secret that those who are able to make it rain are prized in a firm. Lawyers who can bring in new business are highly valued, even if they do little of the work that they bring in and even if they give little face time in the office. They add directly to the firm’s bottom line and therefore are given deference. This deference extends to how much time they need to spend in the office and how much client work they need do. Rainmakers have options. A firm not willing to give this deference will soon find that the revenue generated by the rainmakers will leave with those rainmakers to more accommodating firms. This is the “Rainmaker’s Reward” and it is control over the lawyer’s professional destiny and personal life.

Many lawyers, however, are uncomfortable seeing themselves as rainmakers. It looks too much like selling. They’d rather do the work. After all, that’s what law practice is all about. Unfortunately, those who do the work can be easily replaced—by smarter lawyers, less expensive lawyers or other professionals, or even technology. For example, even in the “olden days” tax law was complicated, with many tax returns completed by lawyers. Over the years, tax lawyers lost tax return clients to accounting firms; accounting firms lost many of these clients to volume-based businesses like H&R Block; volume-based businesses lost clients to software companies that catered directly to individual taxpayers. Now, for the simplest returns, the IRS allows individual taxpayers to complete their return from the IRS website without having to purchase the software. The now pervasive use of technology to assist in completing the tax return has converted a manual, calculator with pencil-and-paper approach by a professional, to a gathering of documents, fill-in-the-box approach by the consumer. Taxpayers’ ease in utilizing technology, coupled with software that replaces the judgment of a professional in determining the significance of the taxpayers’ information has, to a large extent, demystified the tax return process.

With more of the lawyer’s work being replaced by technology, it is critical that the lawyer develop a level of street smarts along with embracing the skills of a rainmaker. The sitting at the desk waiting for a prospective client or a supervising attorney to ring your phone or stop by your office and provide you with work is no longer a viable option. Street smarts is the creative edge needed to see and exploit gaps for competitive entry and differentiation. In this regard, the successful lawyer creates his or her own path for job security. A great example of this is TJSL alumna Candace Moon, who was profiled in the June 2018 issue of the ABA Journal. She created her entry into the practice of law by discerning and exploiting the gap in the craft beer industry.

Ultimately, lawyers want to have a sense of fulfillment, to believe that they are making a meaningful difference in the world and impacting their clients in a positive way. This can only happen if first, lawyers have control over their personal and professional lives. Accordingly, teaching law students today must include life skill lessons. We’ve heard it before: “In the event of loss of cabin pressure … place the oxygen mask on yourself first before assisting others.” Life happens to everyone. Lawyers take care of and counsel others best when they are in a good place by having first taken care of themselves. Be the best you for your clients and your firm. Take care of yourself — first. Read More

From Before to After: How I Shed Denial About My Health and Nearly 140 Pounds

By Ray Estolano

I always used to argue, in true defense attorney fashion, that I was a healthy fat man.

Yes, my weight had ballooned up to 360 pounds since college. But, it was an athletic 360 pounds. I still worked out like I did in college and could last for an hour on the elliptical machine, so clearly I was still in good shape. What did it matter that the buttons from my tight dress shirts occasionally went flying when I sat down?

My family was alarmed at my weight gain and would try to prod me to lose weight. My wife tried being patient, kind and understanding — suggesting a salad when I would prefer a hamburger. My big brother Carlos decided on ridicule as a better course of action. He used to say that my Tomlinson jersey of #21 should really be #42! I had a number of “serious” conversations about my weight with friends and family.

Nothing really swayed me from my irrational belief that I was a healthy fat man. I would work out occasionally, but mostly ignored my weight. I never joined an organized weight loss program. When two of my closest friends underwent weight loss surgery, it gave me pause, but I told myself I would never do something like that. It was desperation to go under the knife, right? Still, occasionally I would look at old pictures of college and wonder.

Finally, my body started to have the final word. I began to find that I was tired all the time and started to feel sleepy even while driving. People would report that I would stop breathing when I was sleeping. I’d already suspected that I had sleep apnea from what an earlier doctor told me, but I went to be tested.

In 2012, when I took my sleep study for sleep apnea, my results were so grave that I got a personal call from the physician telling me to buy a CPAP machine immediately. A CPAP machine is a mask that you wear when sleeping which is connected by piping to an airflow machine. It keeps your throat from closing while you are asleep. My wife likens it to a Darth Vader mask. But aside from wearing a mask at night, I told myself that I was still a healthy fat man. I finished a 50-mile bike ride from Rosarito to Ensenada later that year to prove it.

Then came a court hearing in Department 6 in South Bay. I was looking at the wall calendar for a date and the images were blurring. I looked down at my phone’s calendar and couldn’t read it. My blurry vision lasted all week. By the time I made it to the urgent care later that week, it turned out that my blood sugar was so high that I had to argue with the doctor to not be hospitalized.

A few months after this, I’d been able to stabilize my diabetes through pills and a strict low GI diet, but somehow I could no longer fool myself into thinking I was healthy. I finally went to see my doctor, Dr. Sharma, to ask her about “going under the knife.” I was ready.

Instead, Dr. Sharma looked at me patiently and smiled. Then she asked me if I’d participated in an organized weight loss program before. I had to admit that I never had. It seemed to never work for any of my friends, so ….

“We have this wonderful program called positive choice that has had great results with my patients,” she said. I didn’t know it at the time, but the program would change my life.

The program was administered through Kaiser and was a medically monitored weight loss program using shakes as a replacement for food. For close to six months, all I had to eat were these awful tasting shakes. A friend in the group described them as dust with artificial flavoring. Once a week, we would meet to talk about our weight loss issues in a guided discussion. Sometimes, I think the conversations were harder than sticking to the diet, but I persevered in both.

I ended up losing close to a 140 pounds through the program. It felt strange to look at the mirror and see the man that I’d been a decade earlier. I went from a size 54 long suit to a size 46 long. My feet actually shrunk from a size 12 wide to an 11.5 regular. More importantly, my health was transformed. I no longer require medicine for diabetes or a breathing device for my sleep apnea.

It hasn’t been a completely easy journey. I think I’ll always have to be careful with my weight. I could easily regain the weight without proper discipline. But, I feel a long ways from the man who had claimed to be a healthy fat man. Now, I’m just a man who strives to be healthy.

Ray Estolano (estolano@gmail.com) is a solo practitioner.

This article was originally published in the Jul/Aug 2017 issue of 

San Diego Lawyer Read More