Tips on Managing the Psychosis of Law
As a group I suggest we make the most of our “talents” while at the same time alleviate some of the stress.
December 27, 2018 at 03:28 PM
5 minute read
What psychosis causes people to want to be attorneys? An obsession with “gray” areas? The need to argue? The urge to associate with highly stressed and generally unhappy individuals? The sadistic pleasure of having your butt handed to you by a judge with the only appropriate response being, “Thank you, Your Honor”? Why do we thrive on stress?
The practice of law is adversarial in nature, requires salesperson-like qualities to obtain clients, diligence and competence to maintain clients, bookkeeping skills and collection acumen. And who better to regulate the practice of law than those individuals with the same qualities/psychosis? Yet, this is the vocation we chose? It's all very interesting to me. Interesting also to me is how we can make the practice of law better.
In my experience most lawyers I encounter have the Type “A” personality trait (i.e., highly ambitious and over-achieving individuals). They also have a tendency toward perfectionism, not just in their professional pursuits but in nearly every aspect of their lives. Which may not necessarily be a bad thing except when one derides oneself for subjectively not meeting that standard of perfection with every case, argument, memo, conference, seminar, audit, dress, dinner or golf game.
Most attorneys are intelligent and possess exemplary analytical skills. Again, a positive trait unless “analysis paralysis” takes hold in the effort to make, draft or argue “perfection.” The good attorney empathizes with their client and their cause and loses sleep over the same. Whether they know it or not most attorneys are able to handle stress on a daily, hourly and minute-by-minute basis where others may dissolve under pressure.
We can all acknowledge that the practice of law is stressful. “There are a lot of high stress professions,” Yvette Hourigan, who ran the Kentucky Lawyer Assistance Program, once told CNN. “Being a physician has stress. However, when the surgeon goes into the surgical suite to perform his surgery, they don't send another physician in to try to kill the patient. You know, they're all on the same team trying to do one job. In the legal profession, adversity is the nature of our game.”
As a group I suggest we make the most of our “talents” while at the same time alleviate some of the stress. In so doing maybe we will represent clients with even greater competence, enjoy the job a little more and avoid grievances and malpractice claims. Take your type A skills to a different level. Some helpful hints:
- Ask for help. Ask for help often. Ask for help clearly. As lawyers we don't know everything. (If you did you would be insufferable.) Call on your colleagues to help with questions or areas of law you may not be as familiar with as they are. If you don't know an answer to a client's question don't pretend that you do. Ask for time to research or verify. Ask your assistants to help keep you appraised of deadlines. Ask for help from professionals like the wonderful people at Lawyers Concerned for Lawyers if you are suffering from depression, substance abuse or you are feeling just too overwhelmed.
- Be respectful. There is no reason why opposing attorneys need to hate each other. It's much easier to force yourself to be kind and respectful to opposing counsel in and out of court than it is to force yourself to be rude, nasty and underhanded. Not only will the court appreciate your efforts, but you will sleep better at night and you will decrease the possibility of attorney discipline.
- Prioritize. Don't leave that malpractice pile in the corner. Set a date and time to attend to the one or two matters that haunt you. Have that uncomfortable meeting with your client sooner rather than later, attack the research you need to do, or answer that grievance. Pay attention to time sensitive items first. Those items should be first on your daily list of things to do. Don't worry about completing the list but get the first few things done.
- Recognize that mistakes happen. They are a part of life. Deal with the mistake, learn from the mistake and stop kicking yourself. Mistakes can inure to bigger problems if not accepted and dealt with immediately.
- Take your mental health seriously. Consider your mental health to be as important as any other professional obligation. Make sure you are taking time to care for yourself so that you can care for your clients. As with other high-pressure and demanding professions, attorneys who neglect their physical, psychological, spiritual and interpersonal lives run the risk of making mistakes on the job.
Time for me to go research, write, argue, cajole and otherwise defend counsel wrongfully accused … and like it!
Suzanne B. Sutton, of counsel to Cohen and Wolf, is a former first assistant chief disciplinary counsel for Connecticut.
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