business basics basic steps toward work-life balance€¦ · everything done, consider these tips...

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Business Basics

Basic Steps Toward Work-Life BalanceTara Weiss, 03.17.09, 6:00 PM ET

Among the many things the average professional deals with daily: getting ahead at work; helping the kids with theirhomework; driving the school carpool; spending quality time with their significant other; caring for elderly parents; dealingwith chores in the home; trying to get in just a few minutes to catch up with friends.

Life can feel like a constant battle between our professional and personal lives, especially now, with the economic distressmaking our lives more challenging than ever in so many ways. Before you beat yourself up about not being able to geteverything done, consider these tips for achieving a better balance between your work and the rest of your life this year.

In Pictures: 10 Steps To Work-Life Balance

First, prioritize. "If you want balance--and not everybody does--you have to force yourself to edit yourself personally andprofessionally," says Jody Miller, founder of the executive staffing firm Business Talent Group.

Consider all the things competing for your time and decide what will stay and what will go. Perhaps you're on the holidayparty committee at work. That's something you can skip next year. What about the three nonprofit organizations you belongto? Select one that means the most and focus your time on it instead of giving scattered attention to all three.

"Focus on the things that are important to you, and don't do the extraneous stuff," says Miller. "It's a discipline that doesn'tcome too naturally to most of us."

Sometimes gaining a few extra hours in your day makes all the difference. Find out if your firm has policies that would allowyou telecommuting or flexible hours. In this economy it's hard to imagine asking for additional benefits, but imagine howmuch more you could get done if you telecommuted one day a week. By eliminating commuting and getting ready for work,you could likely get about three hours back.

When discussing this option with the boss, approach it from a position of strength. Consider saying, "I like my job, and feel Iam an asset. I see a place here for me in the future. I'd like to talk about ways I can make my work here as productive aspossible. I'm in a not-so-unique situation of caring for my elderly parents (or whatever your particular situation is), andworking from home once or twice a week would give me much-needed extra time. I believe I'd be able to give you betterwork, since I'd be less distracted."

You might be surprised to find your boss sympathetic--particularly if you're a top performer--because he or she is in a similarsituation. In this economic climate, when employers can't give raises, they may be willing to offer other benefits. They want totreat their best employees well, so that when the market turns around those employees don't immediately leave for anothercompany.

Speaking of caring for elderly relatives, 57% of people who do so say they've had to go in late to work or leave early becauseof it; 4% say they've turned down a promotion because of it; 10% say it has led them to go from full-time to part-time work,according to AARP. "This is very much a hidden part of the juggling act, caring for elderly parents," says Elinor Ginzler, asenior vice president at AARP and co-author of Caring for Your Parents.

Keep in mind that technology is there to make your life easier, not to rule it. Identify certain times, like dinner, when yourhousehold must remain tech-free. During that hour no one can answer e-mails or texts or pick up the phone. Mention thistech-free hour to your manager and co-workers, and make sure your boss agrees. "Set up your rules and adhere to them,"says Barbara Wankoff, director of workplace solutions for the professional services firm KPMG. "Be a model to your family."

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Loretta Penn, president of the staffing company Spherion, takes it a step further: "You don't have to respond to every e-mailor voice mail as soon as it comes in. Just because someone else deems something a priority doesn't mean it's yours."

Wankoff also recommends having a support system of friends, family, neighbors and co-workers who are willing to jump inand help when something unexpected arises. Be willing to reciprocate for them too.

If this all seems a bit daunting, find a work-life balance mentor--someone who seems to have achieved this balance in theirown life. Ask for tips and how he or she has managed to do it. Also, don't expect it all to happen overnight. Set small goalsfor changing your life. For instance, pick one thing you want to nix from your schedule and try to achieve that in the nextmonth.

And remember, "None of these changes detract from your value," says Barbara Wankoff. "You've prioritized and are stillgetting the work done. The difference is you're not being pulled in different directions."

In Pictures: 10 Steps To Work-Life Balance

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Coping with Stress and Avoiding Burnout: Techniques for Lawyers

By Owen Kelly

Stress is a fact of life for all of us, and lawyers are certainly no exception. Stressful events can vary greatly in severity, but they activate a series of common biological and behavioral responses that help us cope with the situation. While these changes are adaptive in the short-term, prolonged stress can lead to physical and mental illness.

Workplace challenges can have a particularly profound impact on wellbeing. Indeed, the professional and interpersonal environment in which lawyers function appears at times to have been tailored to elicit feelings of distress! Read on to find out more about stress and the human response, and how lawyers can take steps to cope with stress in their everyday lives.

How Stress Works

Early civilization may hold the key to understanding how we respond to stressful events. Take the example of an attack by a predator. Imagine a group of early humans collecting water from the local river. From over the riverbank a lion appears and heads slowly towards the group. One of the individuals on the edge of the group looks up and suddenly notices the lion scary stuff or is it?

A fundamental aspect of the stress response is appraisal of the event to determine whether it poses a threat or not. While this appraisal occurs rapidly, it is influenced by the individual’s prior experiences (“I’ve been attacked by a lion before!”), the controllability of the event (“It’s okay, I have a way of defending myself?”), the predictability of the event (“The lion always attacks”) and finally, the duration of the event (“It will it be gone in a minute”). The more uncontrollable, unpredictable, and longer-lasting the event, the more stressful the event appears.

If the lion is appraised as a threat, a series of physical and behavioural processes are initiated to help the individual survive the encounter.

Physical changes include an increase in blood pressure, heart rate, blood flow to muscles and the release of adrenaline and cortisol (a stress hormone) from the adrenal gland, all of which prepare the individual for either “flight or fight”. Additionally, neurochemical messengers are released in the brain to further help the individual cope with the stressor. These changes act in concert to afford the individual the best possible chance of successfully evading or confronting the lion.

Behavioral changes include a reduction in feeding and sexual activity (it would obviously have been a bad idea for our ancestors to stop for a snack or start mating while being pursued by a lion!). As well, the individual may use a variety of behavioral/emotional coping strategies. These include problem-focused strategies aimed at impacting the stressful event directly (e.g., finding a rock to throw at the lion), and emotion-focused strategies geared towards reducing negative emotions associated with the situation (e.g., blaming others for not alerting you to the presence of the lion earlier). In general, problem-focused strategies may be most useful when the outcome is controllable; however, as you may have experienced, the effectiveness of a particular coping strategy depends on the context in which it is employed.

While these adaptations are well suited for dealing with short-lived stressful events, they are less ideal for the myriad of chronic, uncontrollable and unpredictable stressors that characterize modern life as a lawyer.

Today the proverbial lion has been replaced by the demanding partner, daunting billable hour targets, unpredictable schedules and unreasonable clients—all of which can seem inescapable, uncontrollable and unremitting. Over the long-term, prolonged activation of the stress response by these types of chronic stressful events can cause excessive “wear and tear” on the body and lead to the development of a host of physical illnesses, including heart-disease and Type II diabetes, as well as mental illnesses such as depression and anxiety.

Stressors for Lawyers

It’s no secret that lawyers confront daily challenges that cause significant distress. In particular, solo and small-firm lawyers often face unique challenges in their day-to-day work-life:

Workload

Solo and small-firm lawyers are often expected to perform a variety of tasks that might otherwise be handled by teams of professionals in larger practices (human resources, accounting, marketing, etc.). Additionally, while a larger firm may be able to devote considerable resources to a given task, a smaller firm may be forced to place individuals under intense strain for prolonged periods of time. Workload can take on an air of uncontrollability that may exacerbate an already stressful situation. Long Hours

The tendency of lawyers to work long hours comprises a chronic, unremitting stressor, which is often viewed as uncontrollable and something that must simply be tolerated. Working long hours can be particularly harmful because it removes the lawyer from important sources of social support, including family and friends, which can ordinarily help buffer against the negative effects of stressful events.

In addition, long-hours may be at odds with maintaining a healthy lifestyle, which is necessary to deal with the demands of our busy lives. For example, it may be difficult to find the motivation or energy to prepare a healthy meal or go to the gym after three straight 14-hour days.

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Lack of Vacation

Many lawyers complain of a real (or perceived) inability to a take a vacation. Of course, this has potentially serious implications for both mental and physical health, and can be attributed to a variety of factors.

First, workload and demanding clients may simply not permit them to be away from the office for extended periods of time. There is also a pressure on lawyers, especially those who are self-employed, to take on projects to remain competitive in the marketplace or to keep from feeling like they are “missing out” on potential business. Similarly, cues from coworkers and management may make the individual feel as though it would be unwise for them to take an extended vacation, even when entitled to it. Of course, even when a lawyer is able to sneak away for a week or two, modern technology ensures that we are never out of reach of those who are trying to contact us.

Billable Hour Expectations

Billable hours can, in effect, penalize efficient lawyers, as well as the use of time-saving technology. In addition, expectations surrounding billable hours may deter lawyers from engaging in a sound cost-benefit analysis of a case. Indeed, lawyers may end up spending hours on an exceedingly stressful case or file that they may have been better off passing on in the first place. Furthermore, some may find it hard to balance the expectation of billable hours with the distress caused by charging clients for each hour worked, especially if they know that the client may have limited funds.

Lawyers may also find themselves pressured by clients to perform their job in a certain fashion to ensure that the process is expedited in the most cost-efficient manner. Of course, the client’s perception concerning the hours billed comes after the fact, and is often predicated on “the problems they have” or whether the case was dealt with to their advantage. So, for the lawyer, there is a degree of unpredictability with respect to the client’s behavior.

Interpersonal Difficulties

Whether facing criminal prosecution, financial distress, family or marital breakdown or public humiliation, lawyers must often interact with individuals who find themselves in perilous circumstances. To put it politely, clients may not always interact with their lawyers in a constructive fashion.

Lawyers are acutely aware that their client may be depending on them for freedom, quality of life, custody of a child or financial viability. Lawyers may feel enormous pressure to preserve some aspect of a client’s wellbeing. For self-employed lawyers and those in smaller firms, they may have to negotiate sensitive issues with clients themselves (e.g., missed payments). To make matters worse, a lawyer’s hard work for his or her clients often goes unrecognized. The fact that “lawyer jokes”, almost invariably unflattering, remain commonplace is testament to this.

Finally, lawyers may have to frequently deal with colleagues that are under similar pressures, which itself may be stressful.

Recognizing and Coping with Depression

The chronic, unpredictable and uncontrollable nature of events experienced by lawyers can lead to a downward spiral, culminating in burnout (low grade depression, anxiety, dissatisfaction, lack of motivation and negative perceptions) and major depression. Indeed, lawyers report substantially higher levels of burnout, depression and suicide than most other professions. Unfortunately, some lawyers may seek relief from these symptoms by abusing alcohol or other drugs, which puts the lawyer at risk for disciplinarily action, as well as legal and financial troubles.

It is important that lawyers recognize symptoms of depression in themselves, as well as in their colleagues. While everyone feels sad or blue at one time or another, depressed individuals experience symptoms for prolonged periods of time, and in the absence of circumstances that might otherwise reasonably account for their symptoms (e.g., death of a spouse).

Symptoms of major depression include:

depressed mood •decreased interest in previously enjoyable activities •changes in body weight •sleep disturbance •fatigue •feelings of worthlessness or guilt and recurrent thoughts of death. •atypical symptoms (often found in women) such as moodiness, hyperactivity, weight gain, increased sleep and heightened sensitivity to rejection by others.

•

Both atypical and typical depression can be treated successfully with antidepressants (e.g., Prozac) or through cognitive behavioral therapy.

Because lawyers suffer from depression at particularly high rates, they are also at increased risk for suicide. Here are some signs that an individual may be contemplating suicide:

a family history of suicide •substance abuse •prior suicide attempts •intense perfectionism •feelings of hopelessness, guilt or worthlessness •suicidal ideations (i.e. joking about suicide)•

Obviously, the suicidal individual should be strongly encouraged to seek professional help, such as a family physician, psychiatrist or trained counselor.

10 Stress-Coping Techniques for Lawyers

These 10 tips can help lawyers deal more effectively with distress, and to avoid the negative effects of day-to-day stress:

1. Get adequate sleep: although sleep is vitally important to the restoration of the body and mind, many of us practice sleep deprivation on a daily basis by using an alarm clock. Sleep deprivation has many deleterious effects that impair our ability to deal with stressful events, including irritability and reduced cognitive function. It is generally thought that 7-8 hours of sleep is necessary in order to feel refreshed for the coming day, and of course, as we age, a nap during the day may be of benefit, even if it means slightly fewer billable minutes.



2. Exercise frequently: research suggests a positive association between exercise and the improvement of symptoms of depression and anxiety. Exercise can also serve to promote self-esteem and contribute to better overall health, both of which foster resiliency in the face of stressful events.

3. Use social support: Friends, family, colleagues and intimate partners can be an important source of social support; a vital coping resource. They can help us to see the situation differently, solve problems, lend tangible assistance and provide emotional support. Social support has even been demonstrated to reduce the body’s physiological response to stressful events. Be sure to identify and effectively use sources of social support, and use them for the right reasons.

4. Participate in activities: activities can be a great temporary distraction from day-to-day hassles, as well as serious stressful events. Activities put us into contact with individuals who share similar interests, as well as provide opportunities to spend time alone. By occasionally getting lost in these activities, we remind ourselves that there is more to life than work.

5. Take vacations: we all need the occasional vacation to recharge our batteries and avoid burnout. Take personal responsibility for taking the vacation time you are entitled to and leave the cell phone and laptop at home. If possible, plan vacations well in advance and schedule work around them.

6. Gain control: controllability is a major factor in how stressful an event appears to us. Where possible, take steps to gain a tangible sense of control over your environment. However, keep in mind that despite our best efforts, certain events will be remain beyond our control. Focus only on those aspects of the situation that you can reasonably expect to influence. 7. Use problem-focused coping strategies: use problem-focused coping (e.g., talking openly about a problem, politely but firmly confronting a problem client, making a “to-do” list and carrying it out) as opposed to emotion-focused coping (blaming others or yourself, ruminating about the problem without doing anything).

8. Remain flexible: look beyond your initial impression of a stressful event and try reframing it in another light—perhaps there is an upside you’ve overlooked (e.g. “we lost the revenue of a demanding client, but hey, that’s one less headache to deal with”). Similarly, if one coping method doesn’t appear to be effective in a particular situation, try alternative strategies. By remaining flexible, you will be able to meet the shifting demands of your environment.

9. Manage your workload: While tempting, you don’t have to do everything yourself! If you have your own practice or are in a management position, ensure that you hire competent people from the outset and give them plenty of responsibility. If you are working in a small team, don’t be afraid to ask for help if you are feeling disproportionately burdened by a case or file. Finally, where possible, insist on scheduling projects or cases in a way that avoids you having to work extended hours.

10. Create numerous short-term goals: all of us need periodic reinforcement to feel as though we are accomplishing our goals and to keep us motivated. Make sure you set a series of small goals, in addition to a few larger, long-term aspirations. The completion of each small task will foster a sense of accomplishment, diminish your worry about your workload and motivate you to pursue further objectives.

Help is Available

Despite your best efforts, you may need occasional outside advice on how to best cope with work-related stress. Fortunately, services and outlets are available to help lawyers deal with stressful aspects of their profession:

1. The CBA’s Legal Profession Assistance Conference (LPAC) – Dedicated to helping lawyers, judges and law students and their families with personal, emotional, health and lifestyle issues through a network of Lawyer Assistance Programs, a national 24-hour helpline and through provincial programs.

2. Family physician – Your family doctor is a vital resource for dealing with stress-related problems, as he/she can provide you with information, resources and treatment for a variety of illnesses, including depression and anxiety. If he/he refers you to a psychiatrist, forget the stigma associated with a shrink. Instead, remember that depression is a common problem, likely reflecting excessive use of biological resources.

3. Professional stress management consultants – Stress management consultants can provide up-to-date and effective advice on how to create a less stressful work environment, as well as facilitate the education of both management and employees on the harmful aspects of stress and stress prevention.

Owen Kelly is a researcher in social neuroscience at the University of Ottawa Institute of Mental Health Research, and the Department of Psychology, Carleton University. He is also a partner in Stress Biometrica, a consulting group specializing in the assessment and evaluation of organizational stress.



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Issue 62, December 2011

The Value of Values •

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Beyond The Billable Hour™ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

To subscribe to "Beyond the Billable Hour"™ go to http://LawyersLifeCoach.com

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

The Value of ValuesBy Ellen Ostrow, Ph.D., CMC

Issue 62 December, 2011

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Time is the coin of your life. It is the only coin you have,

and only you can determine how it will be spent. Be careful lest you let other people spend it for you.

~ Carl Sandburg

"Adding value" has become part of everyday parlance in the legal profession. These days we speak of value billing, value-based fees, value challenge and value initiatives. But what exactly do we mean by "value?"

Page 1 of 6Issue 62, December 2011 | Newsletter Archive - Lawyers Life Coach

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Dictionaries define value as worth, merit, usefulness or importance. In today's competitive legal environment, clients are asking whether the service they received was worth the cost. Marketing gurus urge law firm lawyers to understand what their clients value. Surveys indicate that a common complaint among corporate clients is that their outside counsel don't understand what they truly value. We know value is about cost - but not just that.

As another year comes to a close, it might be useful to stop and reflect upon not just your clients' values, but on what matters most to you. How much of this past year did you spend on activities that were really worth your time and attention?

The end of a year is a reminder of the finiteness of everything. We sing "Auld Lang Syne," recall days gone by and feel a sense of loss. Yes, another year is gone, but a new one begins. Jon Kabat-Zinn reminds us that we "only have moments to live." (1) Our lives are filled with moments. We can't bank them. Once we've spent them, they're gone.

Would it surprise you to know that most Americans spend only 25-30 minutes per day doing what they love? For the vast majority of Americans, nearly 20% of every day is spent in unsatisfying activities. (2) So often we have settled into routines of circumstances and habits. We forget just how far from our values our lives have drifted.

As midnight on New Year's Eve approaches, we are reminded that we have a choice: we can approach our lives as if our purpose is just to get by until our time runs out, or we can work to make something valuable of every moment we have.

In order to live a valued, fulfilling life, we need to know what really matters to us. Our values influence why we do the things we do. When we engage in activities that are aligned with our values, we feel more interested, motivated, vital and rewarded. Values offer us a direction in which to travel. Knowing our values makes it less effortful to make decisions. It's easier to work in an organization that has values with which we identify and uncomfortable when our core values are disrespected in our workplace. If we allow ourselves to deviate from our core values, we suffer; a life spent living in a manner that is inconsistent with our most closely held values feels miserable. Just as you need to understand what your client values in order to be an effective advisor, you need to know what you value in order to make wise decisions for your own life.

What Do You Value?

Psychologists have developed a number of valid and reliable measures of values. One (3) asks you to consider how you would most want to be in a variety of life domains (family relationships, friendships, romantic relationships, work/career, personal growth, leisure, spirituality, community and health/well-being). For example, within the career domain, does it



matter most to you to be at the cutting edge of knowledge, to be the toughest litigator, to get the best results for your clients, to be the lawyer who most clearly understands their business goals, to be the most compassionate advocate, to collaborate with colleagues on challenging projects? Within the family domain, is it most important to you to be supportive, honest, generous, and attentive, to provide the widest array of opportunities?

Once you've identified your values in each domain, ask yourself how important each is to you and how committed you are to living this value. It's also important to consider whether you value this because you fear the disapproval of others. Ask yourself, do you hold this value because you would feel guilty if you did not? Consider whether living consistently with the value makes your life more meaningful and if living in a manner that is aligned with the value brings you joy.

It also may be helpful to write down what stands between you and living your life in a way that is consistent with each value. In this way, you can formulate an action plan to create a life that is aligned with your values.

*~*~*~*~*~*~*~*

Another way to determine your core values is provided in Todd Kashdan's wonderful book, Curious? (4) You can try Todd's approach as an alternative to the one above or use both tools. Todd suggests that you select your top ten values from a list that he provides. Here is a somewhat abridged version of his list:

Acceptance - to feel accepted for myself

Achievement - to set goals and accomplish them

Accuracy - to be accurate in my opinions and beliefs

Authenticity - to act in a manner that is true to who I am

Authority - to be in charge and lead, to be responsible for others

Autonomy - to be independent and in control of my thoughts and actions rather than being controlled by outside influences

Caring - to take care of others and be kind and generous

Challenge - to take on difficult and demanding tasks

Commitment - to make enduring, meaningful commitments

Contribution - to make a lasting impact on the world

Cooperation - to work collaboratively with others

Creativity - to have new and original ideas

Dependability - to be honest, reliable and responsible

Family - to create and sustain a happy, loving family



Growth - to continue learning and changing

Health - to be physically well and healthy

Inner peace - to seek out and experience tranquility and serenity

Knowledge - to learn and contribute valuable knowledge

Loving - to give love to others

Mastery - to be competent in my everyday activities

Order - to have a life that is well-ordered and organized

Popularity - to be well-liked by many people

Power - to gain social status and prestige

Purpose - to have meaning and direction in my life

Safety - to be safe and secure

Self-control - to be disciplined in my own actions

Self-sufficient - to take care of myself without being dependent on others

Spirituality - to feel connected to things larger than myself

Tolerance - to accept other people and opinions and beliefs that are different from my own

Wealth - to have plenty of money

Some of these values may be irrelevant to you while others quite important. You may hold values not included on this list -- feel free to add them. Certain values may be important in some life domains and not in others. Clarifying this may help you understand ways you may get stuck. For example, what if you value both authority and popularity? Or perhaps mastery is a core value for you and your biggest client values efficiency more? Many woman attorneys struggle with values conflicts. For them, achievement at work may seem to be in conflict with their core values related to family. These lawyers need to find ways to live up to what they view as most important in both domains.

Before jumping to the conclusion that you must make dramatic changes in your life, there are a couple of things to keep in mind.

Although there are some attorneys lucky enough to be doing work that feels meaningful most of the time, this is not the case for many. If doing meaningful work is what you most value and that's not currently the case for you, you'll need to consider that. But there are many things we do that are not intrinsically rewarding but that lead to something we value deeply. For example, I hate going to shopping malls. But my son is a shopper and going with him gives me special time to chat with him in the car, learn about what's interesting him these days, laugh together and just be in his presence - and these are things I value.

•



Small changes can make a big difference. Recently a client of mine noted that his formerly boring in-house job had become much more fulfilling since he'd been spending more time building teams and facilitating the success of others. He thought he was in need of a career change. Instead, a minor tweak to make his responsibilities in his current job more aligned with his values made all the difference.

•

Intuitively you know that understanding the values of others is empowering. You can't "herd cats" unless you understand what each of them values any more than you can be successful at business development without understanding what potential clients value both in their businesses and personally. If you want to effectively motivate people who work for you, you'll

need to understand what each of them values as well. In fact, you'll find it easier to add value to your clients if you approach your own work with your values in mind. Doing work you value makes you more motivated, interested and engaged.

As one year ends and another begins, reflect on your own values. You have a chance to make the moments of 2012 richer, more important and more valuable for you.

----------------

Notes:

Kabat-Zinn, J. Full Catastrophe Living, 1990. 1.Kashdan, T. Curious? 2010. 2.Personal Values Questionnaire II, Blackledge, J.T., Chirrochi, J. & Baily, A. Available at http://www.contextualpsychology.org.

3.

Kashdan, T. lbid. 4.

Happy New Year!



Of CounselDecember, 2011

From the Editors

Taylor's Perspective ...

*3 2011: THE YEAR THAT WAS IN THE EVER-DYNAMIC LEGAL PROFESSION

Steven T. Taylor

Copyright © 2011 by CCH Incorporated; Steven T. Taylor

As the year comes to a close it's natural for us to look forward into what 2012 might bring us, and it's goingto be a big year. We've got the Olympics to look forward to, a presidential campaign to endure and, oh yes, theworld is going to end in 2012.

But before we gaze ahead, let's look back at the stories of 2011 and not the horrific earthquake and tsunamiin Japan, or the frustrating budget lockdown in Congress, or even the very bizarre, embarrassing and, some say,chemically altered speech by Rick Perry in New Hampshire this fall. No, we don't intend to review those kindsof news stories in this space but rather this year's trends and twists and turns of the legal profession.

Perhaps the most significant development has been the effect on law firms and their clients of two recentlyenacted federal laws. In January, Of Counsel reported on the ramifications on the legal profession created by the2010 passage of the financial reform legislation officially known as the Dodd-Frank Wall Street Reform andConsumer Protection Act. Many law firms geared up for a big boost in demand from clients.

“In the financial services world, nobody's seen anything like Dodd-Frank since the Great Depression,” Don-ald Lampe, a partner with North Carolina-based Womble Carlyle Sandridge & Rice, who chairs the firm's Regu-latory Compliance & Consumer Credit Practice Team, told us at the time. “It's keeping us very busy and willkeep us busy for quite awhile. In fact, it's practically all that my team is working on in the area of banking regu-lation.”

Last month we ran a front-page story about the Leahy-Smith America Invents Act, an historic patent-reformlaw passed in September. The legislation is creating quite a stir at the US Patent Office as well as at law firmswith strong intellectual property practices and their clients. “This new legislation has been billed as a jobs law,and it will be: Jobs for lawyers and PTO personnel, that is,” according to a partner at a major US firm whotalked to us on background.

Finding Positives in Distressing Trends

In April we examined a trend that troubled us: the slicing and dicing of pro bono budgets at many law firmsduring the recession. But we also found some good news to report: Several law firms, including Alabama-basedBaker Donelson, Milwaukee's Quarles & Brady, and Chicago's Jenner & Block, had maintained and even

30 No. 12 OFCOUN 3 0 No. 12 Of Counsel 3

© 2012 Thomson Reuters. No Claim to Orig. US Gov. Works.

bolstered their pro bono programs.

James Jones, a consultant for Hildebrandt Baker Robbins and the long-time chair of the Pro Bono Institute,had this to say: “In many firms pro bono has been up over last few years. Despite efforts to cut overhead and *4trim expenses, these firms are, for the most part, not substantially cutting back on their pro bono programs. Inmany cases, they're enhancing them.”

Another trend that we noted was the waning of many partnerships' efforts to hire and promote minority, wo-men, and lesbian and gay attorneys. Sadly, a lot diversity budgets dried up since the economy melted down, andwe cited a New York City Bar Association report that showed a drop in diversity hiring.

But we did find two firms, and of course there are others, that bucked the trend and actually increased its di-versity outreach: North Caroline's Womble Carlyle and the Bay Area's Fenwick & West.

Womble Carlyle's diversity program places an emphasis on law students. “I think that we're the only firmthat gives scholarships to 10 law schools a year,” says Brent Clinkscale, a partner and the firm's diversity com-mittee chair. “First we look for recipients at law schools in our footprint. If we have extra scholarships becausefor some reason the pool that year doesn't meet our requirements, because of a lower-than-we'dlike GPA, for ex-ample, we go outside our footprint.”

Invoking Joseph Conrad

Every month, as readers may know, we feature a Q-and-A interview with a prominent senior partner, mar-keting wizard, or law firm consultant. Over the years we've conducted some very thought-provoking interviewswith dynamic, intelligent players in the profession. Our favorite this year was published in August and was witha consultant who wanted to remain nameless so that he/she could offer some frank commentary on the industrywithout angering clients and jeopardizing business. And frank he/she was indeed.

Here's our favorite observation from that source. When we asked him/her to recommend a book to managingpartners, he/she said: “Heart of Darkness ... Because it's all about what happens to powerful people when theyare totally isolated. When they become totally isolated every value that they thought they had is at play. In thecase of Mr. Kurtz, he couldn't help it. He was stuck there in the Congo ... [But] isolation is a problem for allbusiness people, certainly for managing partners. In a law firm ... you have to recognize isolation yourself whenit emerges and do what it takes to get connected with your people.” That's solid advice.

As always, our September issue was the Of Counsel 700: Annual Survey of the Nation's Largest Law Firms.For the first time in years, our numbers indicated that the profession has shrunk, ever so slightly. That is, therewas a slight fall-off in the number of attorneys nationwide. That's the collective assessment, but at certain firms,of course, hiring has been up in the last year or so.

Not surprisingly some labor and employment partnerships have grown their ranks, perhaps none so much asAtlanta-based Ogletree, Deakins, Nash, Smoak & Stewart, where its headcount ballooned from a reported 474attorneys in the 2010-2011 Of Counsel 700 to 611 in this year's, and that was after a robust year in 2009-2010.

Naturally, these were just some of the areas we covered in 2011, and we were able to report on these storiesbecause of the many sources who give us valuable information. As we head into a new year, we encourage read-ers to continue to reach out to us with news, either that which occurs within their offices or outside on the broad

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legal landscape. Happy 2012, everyone!

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Maine Bar JournalWinter, 2012

Feature

*23 FREELANCE LAW: PROVIDING SOLUTIONS TO MODERN DAY PRACTICE DILEMMAS

Nicole Bradick [FNa1]

Copyright © 2012 by Maine State Bar Association; Nicole Bradick

There is no question that the business of law is vastly different now than it was even five years ago. The re-cession has caused clients to look harder at their legal bills and has created a budgetary squeeze for solo practi-tioners, law firms, and corporate legal departments. At the same time, advances in technology have resulted inincreased unbundling of legal services. The changing norms in legal practice have opened up significant oppor-tunities for attorneys seeking greater flexibility. While legal outsourcing and freelance lawyering have beenaround for ages, the quality of lawyers choosing to freelance and the type of work being outsourced has in-creased substantially, in part as a reflection of these new realities of the legal marketplace. The use of project-based attorneys is on the rise nationally, as firms and corporate law departments are looking for ways to increasetheir bottom line. [FN1]

The term contract lawyer has historically carried a negative connotation. Typically contract lawyers were re-cent law school graduates who were unable to find work, and were recruited by large firms to do document re-view projecrs at low hourly wages. While this model still exists, there is now also an entirely new cadre of freel-ancers who excelled in law school, went on to clerkships and/or top law firms, and then subsequently chose totake a break from firm life. There is often something very compelling pulling them away from the private prac-tice of law. Most commonly, parents are attracted to this model in order to spend more time with their childrenwhile they are young. *24 Others wish to start a side business unrelated to the law or want to do freelance workwhile getting a solo practice up and running. No matter what the reason, these lawyers are experienced, highlyqualified attorneys that are available to other attorneys on a project basis, at rates far lower than those of com-parable law firm attorneys.

Law firms, solo practitioners, and in-house legal departments can benefit greatly from freelance legal ser-vices. Because legal work naturally ebbs and flows, attorneys can seek the assistance of a freelance attorney tohandle work overflow and avoid the attendant risk and overhead costs typically associated with hiring, such ashealth insurance, professional liability insurance, taxes, CLE costs, and bar dues. This model is particularly use-ful in a down economy as it allows firms to ramp up when they need to and scale back when the work is lacking.In addition, according to the American Bar Association, because the rates of freelance lawyers are so attractive,hiring lawyers can profit from the freelance work by adding a surcharge to the low hourly rates, as long as theoverall fee charged to the client is reasonable. [FN2] Alternatively, the savings can be passed along to the cli-ents.

Because many lawyers who choose to do freelance work are highly educated and experienced, they are able

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to step in to attend depositions, draft motions, or handle court appearances on demand. This model can be partic-ularly useful for solo practitioners and small firms who need coverage of matters throughout the state, assistancewhen concurrent court dates arise, or to foster their own work-life balance when the work flow gets too intense.Freelancers can also serve to fill hiring gaps or step in during extended parental leaves, vacations, sabbaticals,and other absences.

Freelancing as a Viable Alternative for Mothers

The retention of women in private practice has been a significant challenge for our legal community. Nation-ally, while women make up about one-half of all law school graduates, less than one third of practicing lawyersare women. [FN3] While many firms have moved towards offering more flexible workplaces in order to accom-modate the demand for greater work-life balance, some firms continue to resist change. In some cases, attorneysare still faced with unbending billable hour demands, policies against part-time work (or, perhaps even worse,part-time schedules that end up in reality requiring 40 or more hours per week of work), as well as other un-spoken and covert consequences to demands for flexibility. Such inflexibility often causes top-notch lawyers toleave the law altogether to raise their families, and many never return to any sort of law practice.

Other firms have clearly taken great strides in an effort to retain female lawyers. Even in the best firm situ-ation, however, burnout continues to be a big problem for mothers with too much on their plates. In addition,there are simply some areas of law that do not practically allow for any sort of flexible schedule. Particularly forlitigators, the unpredictability and frequency of emergencies, needy clients, demands of trial, for example,simply make their chosen field incompatible with the demands of raising a family.

No matter what the motivation is for choosing an alternative to the traditional law firm scenario, freelancingis a very attractive model. Freelancing allows attorneys to handle substantive legal work, primarily from home.Lawyers can keep their skills sharp and engage in challenging, high-level legal work without the additional wor-ries and burdens associated with firm life, such as billable hour requirements and business development pres-sures.

Freelance Legal Network Helps Fill These Complimentary Needs

In January of 2012, I launched Custom Counsel, LLC in order to fill these needs in our legal community. Ihave been one of the lucky ones, landing in a law firm that has been exemplary at affording me the flexibilitythat I need. When I had my first child two years ago, I maintained a full time workload while working fromhome twice a week in order to spend more time with my son. Without reservation or hesitation, my firm suppor-ted this arrangement. After the birth of my second child this past year, I needed even greater flexibility and havefound a truly workable part-time arrangement. The partners at my firm have been supportive, flexible, and will-ing to let me adjust my schedule as my family's needs have changed over time. Unfortunately, as I share my ex-periences with other new mothers, I have learned that my situation is exceptional.

Having attained a uniquely comfortable work-life balance, I began meeting with other new mothers to helpthem navigate their dual roles as lawyer and mom. Sometimes the lawyer only needed some support and a pushto unapologetically seek a flexible schedule from her firm. Other times, the conversation was much more diffi-cult and the only alternatives I could suggest for an attorney in an intractable situation were to change firms orchange practice areas, neither of which would guarantee greater flexibility. Because these are not viable options

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in a bad economy, some of the mothers I spoke with had decided to simply drop out of the law. These lawyershad invested significant time, money, and energy obtaining their law degrees, sometimes spending a year ormore in a judicial clerkship, and then going on to work for excellent firms. They were simply unable to balancethe demands of career and family and were willing to give up all that they had worked for because they believedthere to be no feasible solution. For others who were not yet ready to walk away from the practice of law, it wasreadily apparent that they were headed toward imminent burnout, and' would most likely find themselves drop-ping out in the near future.

One of the goals of Custom Counsel is to provide an alternative to firm life, either for the short term or thelong haul, to prevent valued members of the bar from leaving the practice altogether. These experienced attor-neys are *25 making a lifestyle choice in deciding to work as freelancers, and the rest of the legal communitybenefits by having such skilled lawyers available to provide assistance on an as-needed basis. In light of the cur-rent economic climate, working with freelance attorneys on a project basis can solve many practice dilemmascurrently facing firms and solo practitioners and is an efficient and cost-effective alternative to hiring. Becausethe net result can be lower overall cost to clients, hiring freelance lawyers is a win-win for everyone involved--clients, hiring lawyers, and lawyers seeking greater flexibility.

[FNa1]. Nicole L. Bradick is an attorney at Murray, Plumb & Murray in Portland, where she focuses her prac-tice on civil litigation, educa tion law, commercial litigation, and appellate work. She can be reached atnlb@mpmlaw. com. To learn more about Custom Counsel, visit www.customcounselllc.com.

[FN1]. Debra Weiss, Law Firms Express ‘Grow ing Enthusiasm’ for Contract Lawyers, ABA Journal (June 22,2010); Gina Passarella, In-House Departments, Law Firms Rely More on Project Attorneys, The Legal Intelli-gencer (July 6, 2010).

[FN2]. American Bar Association, Formal Opinion 00-420 (November 29, 2000).

[FN3]. American Bar Association, A Cur rent Glance at Women in the Law (January 2011), available at http://www.americanbar.org/content/dam/aba/uncategorized/2011/cwp_current_glance_ statist-ics_2011.authcheckdam.pdf.27 Me. B.J. 23

END OF DOCUMENT

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Suggested Reading1 The Time Bind: When Work Becomes Home and Home Becomes Work By: Arlie Russell Hochshild Macmillan , Apr 1, 2001 -‐ 316 pages The national bestseller that put "work/family balance" in the headlines and on the White House agenda, with a new introduction by the author. When The Time Bind was first published in 1997, it was hailed as the decade's most influential study of our work/family crisis. In the short time since, the crisis has only become more acute. Arlie Russell Hochschild, bestselling author of The Second Shift, spent three summers at a Fortune 500 company interviewing top executives, secretaries, factory hands, and others. What she found was startling: Though every mother and nearly every father said "family comes first," few of these working parents questioned their long hours or took the company up on chances for flextime, paternity leave, or other "family friendly" policies. Why not? It seems the roles of home and work had reversed: work was offering stimulation, guidance, and a sense of belonging, while home had become the place in which there was too much to do in too little time. Today Hochschild's findings are more relevant than ever. As she shows in her new introduction, the borders between family and work have become even more permeable. With the Internet extending working hours at home and offices offering domestic enticements -‐-‐ free snacks, soft music -‐-‐ to keep employees later at their jobs, The Time Bind stands as an increasingly important warning about the way we live and work. The Lawyers Guide to Balancing Work and Life By: George W. Kaufman American Bar Association , Oct 15, 2006 -‐ 261 pages This updated and revised Second Edition is written specifically to help lawyers achieve professional and personal satisfaction in their career. Writing with warmth and seasoned wisdom, George Kaufman examines how the profession has changed over the last five years, then offers philosophical approaches, practical examples, and valuable exercises to help lawyers reconcile their goals and expectations with the realities and demands of the legal profession. Interactive exercises are provided throughout the text and on the accompanying CD to help you learn how to reclaim your life. New lawyers, seasoned veterans, and those who have personal relationships with lawyers will all benefit from this insightful book.

1 http://books.google.com

The Busy Lawyer's Guide to Success: Essential Tips to Power Your Practice By: Reid F. Trautz, Daniel E. Pinnington, American Bar Association Busy lawyers do not have dozens of extra hours to conduct research looking for new tips and ideas to streamline and enhance their practice of law. They need just-‐in-‐time learning to acquire the knowledge necessary to build their practices. This convenient pocket guide is the best ever collection of practical tips, ideas, and techniques to help you survive, thrive, and find success in the practice of law. Law and Reorder: Legal Industry Solutions for Restructure, Retention, Promotion & Work/Life Balance By: Deborah Epstein Henry American Bar Association , 2010 -‐ Law -‐ 357 pages This ground-‐breaking and timely book will inspire you to effect changes in your own work methods and those of your employer. It will provide you with the foundation, insights and strategies you need to redesign the legal workplace, re-‐align the interests of lawyers, clients and legal employers, hone your individual skills as a lawyer, and embrace a more hospitable, productive and profitable environment. The Power of a Positive No: How to Say No and Still Get to Yes By: William Ury Random House Digital, Inc. , Dec 26, 2007 -‐ 272 pages No is perhaps the most important and certainly the most powerful word in the language. Every day we find ourselves in situations where we need to say No–to people at work, at home, and in our communities–because No is the word we must use to protect ourselves and to stand up for everything and everyone that matters to us. But as we all know, the wrong No can also destroy what we most value by alienating and angering people. That’s why saying No the right way is crucial. The secret to saying No without destroying relationships lies in the art of the Positive No, a proven technique that anyone can learn. This indispensable book gives you a simple three-‐step method for saying a Positive No. It will show you how to assert and defend your key interests; how to make your No firm and strong; how to resist the other side’s aggression and manipulation; and how to do all this while still getting to Yes. In the end, the Positive No will help you get not just to any Yes but to the right Yes, the one that truly serves your interests. Based on William Ury’s celebrated Harvard University course for managers and professionals, The Power of a Positive No offers concrete advice and practical examples for saying No in virtually any situation. Whether you need to say No to your customer or

your coworker, your employee or your CEO, your child or your spouse, you will find in this book the secret to saying No clearly, respectfully, and effectively. In today’s world of high stress and limitless choices, the pressure to give in and say Yes grows greater every day, producing overload and overwork, expanding e-‐mail and eroding ethics. Never has No been more needed. A Positive No has the power to profoundly transform our lives by enabling us to say Yes to what counts–our own needs, values, and priorities. Understood this way, No is the new Yes. And the Positive No may be the most valuable life skill you’ll ever learn! What Can You Do With a Law Degree?: A Lawyer's Guide to Career Alternatives Inside, Outside & Around the Law By: Deborah L. Arron Written by a lawyer for lawyers, Deborah Arron's book is a virtual encyclopedia for lawyers in transition, covering such topics as how to conduct a self-‐assessment and transferrable skills analysis, how to detect and prepare for layoff, how to establish a transitional financial plan, how to market your special talents, how to work with career consultants and headhunters, how to decide whether to stay in law or leave, how to avoid job-‐interview hell, how to handle compensation negotiations that work in your favor. http://www.abajournal.com/topic/worklife+balance/

business basics basic steps toward work-life balance€¦ · everything done, consider these tips...

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