In “A Life in the Law,” Susan Cohodes shares pearls of wisdom from her long career in personal injury practice and her transition to a “less-than-full-time” practice. Now that she’s scaled back, she’s affirming that “professional” self-care for lawyers isn’t just about taking a break from long hours; it’s about who you represent.
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Two plus years in, I am quite comfortable in my role as a less-than-full-time lawyer. Lately, I’ve spent some of my newfound spare time thinking about why.
I was certainly burned out when I decided to step back. Regular readers of this column will know why: ungrateful clients, unhelpful support staff, Zoom. I was not alone. A recent study by the Washington State Bar Association found that 58% of lawyers surveyed reported feeling burned out in their careers at some point, and nearly 9% felt burned out every day. Almost 10% of responding lawyers said they had suicidal thoughts or had taken action to that end in the year before responding to the study. And more than 50% of those surveyed had considered leaving the practice of law due to stress and/or associated mental health issues.
I always knew that representing people was stressful, but I was stunned to learn that almost 10% of my brothers and sisters in Washington had considered taking their own lives.
I certainly can relate to the feeling of being burned out. And, even though it took me almost 40 years to recognize it, I know it began long before that.
Professional Self-Care for Lawyers: Personal Pampering Isn’t Enough
As I think back on what I could have done to avoid burnout, it occurs to me that it is exactly what I am doing now: professional self-care.
I am totally on board with traditional methods of personal self-care. Who doesn’t love a nice massage or pedicure — or, in my case, a trip to a yarn store to buy more (unneeded) fancy wool or trips to Green Bay for a home game? Or even a weekday afternoon reading a novel, at a coffee shop, in sweatpants. But while these methods of pampering oneself are enjoyable and highly recommended, it seems to me that professional self-care starts at the office.
Since I became a less-than-full-time lawyer, I still work about 40 hours a week (except during football season, when I spend a great deal of time in airports and at stadiums). But during those hours, I work differently and for different kinds of clients.
Not All Money Is Good Money: The Art of De-Selection
As Simon Chester wrote here in “Fire a Client,” client de-selection should be part of every lawyer’s discipline. I accomplished my transition to working fewer hours by limiting who I will work for and being more selective about the cases I accept. An unexpected byproduct is that I have more zeal for my work and the people I represent.
I recognize that not every lawyer can simply cut her practice by two-thirds, and that young lawyers don’t usually get a say in who they represent. At a certain point, though, every lawyer can be selective in choosing which clients have the privilege of their representation.
At first, it may be hard to turn away business, but de-selection will pay dividends in fewer sleepless nights or knotted stomachs. You rest easier with fewer costs sunk into cases that don’t pan out, and fewer clients who will never be satisfied and are prone to expressing their lack of satisfaction on social media.
Being more selective is a critical step toward professional self-care for lawyers, and in my experience, it works wonders.
Professional Self-Care for Lawyers Starts at Intake
The first thing I did when I decided to be a less-than-full-time lawyer was to be more judicious in offering potential clients the opportunity to be represented by me.
I made a conscious effort not to be blinded by the lure of big damages. This was not easy at first. In the PI world, things like broken bones, surgeries and lots of time missed from work can be blinding. But in my new era, I am no longer blind to liability issues or the fact that the person with the big damages may not be someone I want to work with. If I don’t like them, for example, because they ask me to cut my fee in the first 10 minutes of our meeting, or because I sense they are being less than truthful, I am far less likely to sign them up.
Sometimes I just get a bad vibe, and that is enough reason to say no.
I am also not as concerned about keeping a referral source happy. When I was working full-time, I might be convinced to take a case I shouldn’t or twist myself in knots to help a colleague out. As it turns out, there is plenty of work to go around, and my best referral sources are former clients who appreciate that I am honest with the friends they refer. I do, of course, always call (in person, on the phone) a referral source to thank them for the referral. If I don’t end up taking the case, I simply let them know I could be helpful enough to make the referral worthwhile … for the client.
I do not want to be the lawyer other lawyers think of when they want to dump a problematic case or client. So, I no longer accept the problematic case or problematic clients. The result of that strategy so far has been that lawyers who refer cases to me no longer refer their bad cases or nasty clients.
Lastly, in instances where I was blinded by the glow of big damages or missed the fact that a potential client was going to be trouble, I have become much more willing to pull the trigger on letting cases go. I may have to eat some costs, but at least I won’t sink any more money or time into the case.
Selectivity Pays Off
Since I’ve been practicing these professional self-care strategies, it turns out that I have more time and mental energy for personal self-care. All of which is likely to lead to spending many more years as a less-than-full-time lawyer.
More Life in the Law
- A Career in Personal Injury Law, If You Can Take It
- Beam Me Up, Scotty: Is My Lawyer Personality Stuck in the Past?
- In and Out of the Firm, Part-Time Law Practice Is Feeling Awesome
- Lessons From Year One: The Less-Than-Full-Time Lawyer Life
- Do I Have To? Advice for Law Firm Interns on How Not to Annoy the Senior Lawyer
- The Most Important Thing About Being a Less-Than-Full-Time Lawyer
- Semi-Retired: Breaking Up Is Hard to Do
- An Antidote to Ungrateful Clients: Rediscovering the Satisfaction and Joy of Helping Others
- The Key to Having It All as a Full-Time Lawyer Mom
- The Countdown Begins: Farewell to Full-Time Law Practice
- What to Wear? Pantless in Seattle
- Retiring from Law Practice: Should I Stay or Should I Go?
Image © iStockPhoto.com.
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