Archive for year: 2019

Burnout is a real issue for lawyers. Just about every lawyer has at least an occasional period in which it seems that work is pressing 18-20 hours a day, and most of us know intuitively that it’s important to recover following that kind of exertion.

But what about the kind of day-to-day grind that can cause low-level burnout? Especially in the economic environment that’s existed over the last few years, many of us are delaying or even skipping vacation and working as much as possible, in part from fear that even a tiny “misstep” could jeopardize an entire practice.

Back in 2007, Chuck Newton posted on the “Cure for Lazy Lawyer Syndrome.” It’s a terrific article that describes with a visceral clarity what it’s like to struggle with low-grade burnout:

You know something is wrong. You intend to get into work early to catch up, but fail to do so. You just cannot seem to make yourself finish that brief that is due in a week. You avoid phone calls you know you should take. You take a phone call and you know should make a note, but you just cannot make yourself get around to it. Then you forget the necessary details. You know you should call your client, but it is so-o-o-o inconvenient. You start to feel overwhelmed and you cannot find a starting place from which to even begin to catch up. You are just feeling tired, depressed and rundown. Vitamins do not seem to help much.

Does that sound all too familiar? As I’ve noted before, the issues that arise in consulting with my clients tend to be cyclical, and this level of burnout seems to be pervasive right now.

Low-level burnout is especially challenging in the context of business development, especially for reluctant rainmakers.  If you’re not seeing enough results (or not seeing them fast enough), it’s easy to get sucked into taking on more activity—often without pausing to create a strategic plan—that gets almost frenetic. Without a good plan, it’s often random activity that leads to random results, which leads to burnout plus a sense of I knew I wasn’t cut out to be a rainmaker failure.

Chuck’s post offers a solution, and he’s hit the nail right on the head:

My suggestion is that you will feel better about yourself, your practice and your competence if you will concentrate harder on the practice of law for shorter periods of time.  When you are in the zone, be in the zone.  Focus, but not so long that you get eye strain.

***

Short times away from your work (and I mean absolutely disconnecting from your work) will help you to be more productive and energetic back at your work.

Chuck emphasizes that this advice is especially important for “home office lawyers, connected lawyers and Third Wave lawyers.” But to my mind, it’s critical for all lawyers, especially since most of us are now “connected” most of the time.

The idea of short periods of intense focus alternating with period of complete disengagement can be applied in any practice setting.  The Power of Full Engagement by Jim Loehr and Tony Schwartz uses the analogy of sport to promote the proposition that “full engagement” requires selective disengagement from work.  If you’re feeling burned out, set aside a weekend to read and reflect on this book.

The risk of low-level burnout is that it makes everything less pleasant; it leads to reduced energy, reduced efficiency, and reduced productivity; and if left “untreated,” it can lead to major burnout.  My late father, who was also a lawyer, gave me much good advice, but one piece is especially relevant here. Make it a habit — an occasional habit, but a habit nonetheless — to escape from the office midday, whether it’s to see a movie, to visit a bookstore or museum, or to take a walk somewhere. Although the escape is great therapy to cure burnout, it’s even better applied to avoid it.

An excerpt from The Reluctant Rainmaker: A Guide for Lawyers Who Hate Selling

Take note of the attitude you bring when you engage in client development activities.  Do you dread them?  If so, identify specifically what you dislike and find a way around it or a way to make the prospect more palatable.

For example, John, a self-identified “nice but introverted guy,” detested the idea of business development because he felt like a fish out of water.  When we began to explore the reasons for those feelings, John recognized that he believed that the goal of business development activities is to target people and use connections to get business, and he was uncomfortable with that approach.

He wanted to be thoughtful to those with whom he came into contact and could not see a way to engage in rainmaking activity while meeting that objective.  When we discussed what he did for clients and the appreciation he sometimes received (as well as the satisfaction he felt in a job well done, even when it went unacknowledged by the client), John recognized that he was not using anyone and that providing legal services was in fact helping his clients. Moreover, he came to see that withholding his skill from someone who needed it would be destructive, not thoughtful.

Instead of viewing potential clients and referral sources as a “target” that, if “bagged,” would generate extra income and other benefits for him, John began to view them as individuals who have or know others who have legal needs that he could meet. This recognition, while it might appear elementary, was a significant shift for John. It changed the attitude with which he approached client development activity from an uncomfortable “what can I get” to a thoughtful “what can I give” attitude.

John even altered the methods he used for business development to focus more on education and resource provision, in essence marketing his services by giving a taste for them. He felt aligned with this content–focused approach, which in turn made him feel more comfortable, which in turn made others feel more comfortable with him, and in the period of a few months John began to view rainmaking through an entirely different lens.

John continued to struggle with some activities, such as networking among strangers when he felt a pressure to uncover their needs, so he focused on activities that were a better fit for him. When I last spoke with John, he had developed a reputation as a client service provider par excellence and had brought in several new matters from and through existing clients.

What attitude are you bringing into your business development efforts?  If it’s a positive one, terrific!  If not, take a few minutes to examine your attitude, see where it comes from, and how you might shift it.  While attitude alone won’t ensure success (or failure), it may well impact both what you do and how you do it, which will impact your success.

We cannot solve problems with the same level of consciousness that created them. — Albert Einstein

Einstein’s quote, one of my all-time favorites, is a touch-point for our times.   We hear about “out of the box” thinking, we know that innovation is a requirement in today’s world, and the only way to produce either is to adjust how we think about whatever we’re facing.

In the context of practicing law, changing how we think about practice (and building a practice) is usually the first step to making a change.  For example, if you’re aiming for success in a law firm by being a reliable, industrious, somewhat reserved worker-bee but you notice that you keep getting passed over for the big cases you’d like to work on, continuing to work harder and harder without more is unlikely to lead to change.

If you’re constantly running ragged, wondering how you can connect with your spouse and/or children in an hour or so at the beginning or end of each day, it’s a safe bet that you won’t shift your actions until and unless you shift your perspective.  Want a new job?  You’ll have to pull some time and attention away from what you’re doing now to make the time to launch a job search.

And if you believe that business development is something that you’ll begin “later,” you likely won’t recognize business development opportunities that may come your way — because chance favors the prepared mind. 

Making a change often requires stepping outside a situation long enough to identify a problem and then making a mental shift that will help in solving that problem.  How the shift happens is individual to each person.  But creating and then using a shift relies on several basic principles.

1. The shift must be authentic.  If your partner, your supervisor, your doctor, or anybody else tells you to make a change and you don’t buy into it, there will be no shift.  Remember the punchline to the joke asking how many psychiatrists are needed to change a light bulb?  One, but the light bulb has to really, really want to change.  No psychiatry here, but if you don’t really, really want to change (or at least really, really, really believe you need to change), chances are good that you’ll keep on doing the same old, same old.
2. Maintaining the shift means keeping it in the forefront of your mind.  If you’re trying to make a habit of arranging lunch with one key contact a week, put a reminder on your calendar where you see it daily.  If you want to improve your efficiency in the office, use time management tools that keep your eye on efficiency.  Holding onto a shift in perspective means keeping it in front of you in some way, because it’s often all too easy to slide back to the old, familiar approach.
3. Reaping the benefit of the shift requires action.  While it’s important to recognize a problem or a situation that can be improved, that’s empty if it’s merely recognition without follow-through.  If you want more balance in your life, take some action, even if it’s a small one.  Claiming a 15-minute walk for yourself in the afternoon will not only provide some balance but also will remind you that you’re seeking balance.  (Put it in your calendar and keep that commitment, too!)
4. It’s easier to maintain a shift, and to design and implement the actions that the shift calls for, when you have support.  Tell your spouse that you need to set aside 3 hours on Saturday morning to catch up on work.  Tell your assistant that you plan to eat lunch away from your desk one day this week.  Work with a coach to provide accountability as you set out on your business development plans.  According to a study conducted by the American Society for Training and Development, “consciously deciding” to complete a goal usually yields about a 25% success rate. Deciding to make a change, telling someone what that change is, and committing to completing it by a certain deadline, raises the chances of success to about 95%.

What do you need to shift in the way you see your practice?

Several potential client consultations over the last few weeks have put me in mind of the old story about the tortoise and the hare. We all know the lesson, that slow and steady wins the race, and the same is true in business development – though consistent is a more accurate word here than slow. Jumping into rainmaking activity with a solid, strategic plan is like jumping into the deep end of the pool without knowing how to swim: you may do a few uncoordinated strokes, generating lots of splashing, but you won’t get much of anywhere. In fact, you may get so tired you drown.

The caveat to the slow and steady approach is that waiting until the plan is perfect is just as fatal as not planning at all – and maybe more so. If you refine and rework your plan to the point that it covers all contingencies, sets up a flawless strategy that takes account of every possibility and leaves no opportunities unexplored, you’ll never move from planning to action. The fear of making mistakes or overlooking some favorable condition creates inaction or the disjointed, uncoordinated action that tends to accompany having no plan at all.

The answer? Make a plan. Don’t wait for it to be perfect. Start implementing, and then refine your plan. That’s the process you’ll follow for the rest of your rainmaking career, and it’s the only way to start and finish strong. Want more information? See Chapter Three of The Reluctant Rainmaker: A Guide for Lawyers Who Hate Selling.