August 20, 2017

But Isn’t Legal Work Essential?

“The most common complaint expressed within the legal profession
is a lack of meaning or sense of fulfillment from work.”

The above quote is from an article published by the Lawyers Assistance Program of British Columbia. But how can anyone think their work in the law lacks meaning? I mean, the law is essential to the functioning of society, isn’t it? Yes, but apparently essential doesn’t count for much in the pursuit of meaning.

Andrew Russel, Dean and Professor in the College of Arts & Sciences at SUNY Polytechnic Institute in Utica, New York, says this in his Aeon Magazine article, “Hail the Maintainers: Capitalism excels at innovation but is failing at maintenance, and for most lives it is maintenance that matters more” (April 7, 2016):

Innovation is a dominant ideology of our era . . . As the pursuit of innovation has inspired technologists and capitalists, it has also provoked critics who suspect that the peddlers of innovation radically overvalue innovation. What happens after innovation, they argue, is more important. Maintenance and repair, the building of infrastructures, the mundane labour that goes into sustaining functioning and efficient infrastructures, simply has more impact on people’s daily lives than the vast majority of technological innovations.

Maybe so, but the maintainers themselves aren’t buying their own importance. This Huffington Post article from May 11, 2017, reported a study by Britain’s Office of National Statistics that found that workers in “maintainer” jobs — manual labor, construction, building trades, processing plants, factories, agriculture — had the highest rates of suicide in the U.K. A 2016 Center for Disease Control and Prevention study reported similar results in the U.S., with rates highest among lumberjacks, farmworkers, fishermen, carpenters, miners, electricians, construction trades, factory and production workers, and others who build, install, maintain, and repair things.

Other noteworthy findings of both studies were that suicide rates were three times higher among men than women; the highest female suicide rate was among police, firefighters and corrections officers; the second highest female suicide rate was in the legal profession; and among the professions, lawyer suicides were in third place after doctors and dentists.

The CDC study speculated that the principle causes behind these statistics include job-related isolation and demands, stressful work environments, and work-home imbalance, all of which are endemic in the legal profession. The British Columbia LAP piece quoted above states flatly that:

From a health perspective it is unhealthy to do meaningless, unchallenging, uncreative work, especially for those that are intelligent and well trained.

The article reports that a sense of meaningless is expressed differently by older vs. younger lawyers:

[A sense of meaningless about their work] is stated more directly by older practitioners as boredom, lack of job satisfaction, just getting through each day, turning out work without time to contemplate, turning out product for clients like a machine, and lack of connection to clients, which is often expressed as lack of client loyalty. Legal professionalism has been eroded by the need for volume, speed and uniformity of work product.

The younger practitioners . . . ask, “What good am I doing?” They express a lack of control over work or life. They worry about the demands of clients, and that there is little opportunity for them to utilize creative thinking. They also ask if they can have a life and practice law. . . . [T]hey do not get a sense of fulfillment from practicing law. They do not get a sense of meaning from it and it seems to be valueless.

We’ve been looking at books, articles, surveys, and academic research from business, academia, the professional world, and even the United Nations. All agree that meaningless malaise in the workplace is worldwide and afflicts both men and women across a full range of occupations from the “maintainers” to professionals. Money doesn’t help, neither does living in a “happy,” first world country. Striving after wealth and income growth only makes things worse. Meanwhile, rates of self-destruction are alarmingly on the rise, especially in this century.

More next time.

 

Kevin Rhodes is on a mission to bring professional excellence and personal wellbeing to the people who learn, teach, and practice the law. His past blog posts for the CBA have been collected in two volumes — click the book covers for more information.

Richard Cory and How the Other Half Lives

Does anybody else remember that early Simon & Garfunkel song “Richard Cory”? (I just heard somebody ask, “Who’s Simon & Garfunkel?” Somebody else is looking them up in Martindale. <Sigh> I feel old.) Check out this video: two guys in jackets and ties, one mic, one guitar… and that raw 60’s revolutionary edge. Here are the lyrics:

They say that Richard Cory owns one half of this whole town,
With political connections to spread his wealth around.
Born into society, a banker’s only child,
He had everything a man could want: power, grace, and style.

Chorus:
But I work in his factory
And I curse the life I’m living
And I curse my poverty
And I wish that I could be,
Oh, I wish that I could be,
Oh, I wish that I could be
Richard Cory.

The papers print his picture almost everywhere he goes:
Richard Cory at the opera, Richard Cory at a show.
And the rumor of his parties and the orgies on his yacht!
Oh, he surely must be happy with everything he’s got.

Chorus

He freely gave to charity, he had the common touch,
And they were grateful for his patronage and thanked him very much,
So my mind was filled with wonder when the evening headlines read:
“Richard Cory went home last night and put a bullet through his head.”

Chorus

The song was inspired by a poem of the same name, by Edwin Arlington Robinson, himself the son of a wealthy New England businessman:

Whenever Richard Cory went down town,
We people on the pavement looked at him:
He was a gentleman from sole to crown,
Clean favored, and imperially slim.

And he was always quietly arrayed,
And he was always human when he talked;
But still he fluttered pulses when he said,
“Good-morning,” and he glittered when he walked.

And he was rich — yes, richer than a king —
And admirably schooled in every grace:
In fine, we thought that he was everything
To make us wish that we were in his place.

So on we worked, and waited for the light,
And went without the meat, and cursed the bread;
And Richard Cory, one calm summer night,
Went home and put a bullet through his head.

“How the other half lives.” My dad used to say that when he encountered someone who was, by his standards, rich. He would have said that if he had ever met Richard Cory.

The song and poem drip with irony. Irony is an educated, acquired taste — something someone like Miuccia Prada might appreciate — yes that Prada, the kind the Devil wears. My dad didn’t qualify for irony, I guess. If he had, he would have noticed the irony in how he used the phrase.

This is from Wikipedia:

“How the Other Half Lives: Studies among the Tenements of New York (1890) was an early publication of photojournalism by Jacob Riis, documenting squalid living conditions in New York City slums in the 1880s. It served as a basis for future “muckraking” journalism by exposing the slums to New York City’s upper and middle classes. This work inspired many reforms of working-class housing, both immediately after publication as well as making a lasting impact in today’s society.”

Yet another irony is that Paul Simon and Art Garfunkel probably went on to become wealthier than Richard Cory was himself.

And here’s one last irony for us all:  After all those UVA and Gallup and United Nations surveys I’ve been writing about, plus all those opinions and analyses of eminent economists like Adam Smith, Richard Easterlin, and Angus Deaton, and all those quotes by rich and famous people about money and happiness… most of us would still side with the factory workers and townspeople — we would still trade places with Richard Cory, given half a chance.

What is up with that?

Something Rotten in Denmark

“Something is rotten in the state of Denmark”
-Marcellus, Hamlet, Act I, Scene 4

Last time, we considered some of the findings of a huge international survey of money, happiness, wealth, and meaning conducted by Gallup and a couple University of Virginia professors. Digging deeper:

One of the most disturbing findings involved suicide rates. Wealthier nations, it turns out, had significantly higher suicide rates than poorer ones. For example, the suicide rate of Japan, where per-capita GDP was $34,000, was more than twice as high as that of Sierra Leone, where per-capita GDP was $400.

The strange relationship between happiness and suicide has been confirmed in other research, too. Happy countries like Denmark and Finland also have high rates of suicide.

[The survey authors revealed] a striking trend: happiness and unhappiness did not predict suicide. The variable that did, they found, was meaning—or, more precisely, the lack of it. The countries with the lowest rates of meaning, like Japan, also had some of the highest suicide rates.”

From The Power of Meaning: Crafting a Life That Matters, Emily Esfahani Smith (2017)

The Power of Meaning cites further data showing that:

Suicide rates are generally higher in wealthier countries than in poorer ones.

According to the World Health Organization, global suicide rates have increased 60% since World War II.

In 2016, worldwide suicide rates were the highest in 30 years.

In the U.S., suicide among 15-24 year-olds tripled from 1950-2000.

Among the middle-aged, suicide rates have increased by over 40% since the turn of the 21st century.

The lack of belief that our lives are meaningful is spiking suicide rates — especially in wealthy First World countries whose citizens say they’re generally happy with their lives. The 2017 World Happiness Report confirmed these findings:  Denmark ranked #2 in the list of happiest countries, and Finland was #5, yet both countries had high rates of suicide.

The World Happiness Report is no lightweight exercise in psychobabble — it is generated on the highest level of worldwide policy making. This is how it describes its origins:

The first World Happiness Report was published in April, 2012, in support of the UN High Level Meeting on happiness and well-being. Since then the world has come a long way. Increasingly, happiness is considered to be the proper measure of social progress and the goal of public policy. In June 2016 the OECD committed itself “to redefine the growth narrative to put people’s well-being at the center of governments’ efforts.” In February 2017, the United Arab Emirates held a full-day World Happiness meeting, as part of the World Government Summit. Now on World Happiness Day, March 20th, we launch the World Happiness Report 2017, once again back at the United Nations, again published by the Sustainable Development Solutions Network, and now supported by a generous three-year grant from the Ernesto Illy Foundation.

The Report is long and packed with statistical analysis, tables, graphs, and other data-nerd content, but if you’re game for it, it makes for fascinating reading.

Both the UVA/Gallup survey and the World Happiness Report revealed that dissatisfaction with work is a key contributor to the feeling that life lacks meaning, and to the escalating suicide rate.

Imagine how different the legal profession would be if it sought to promote not just the happiness of its members (that would be radical enough!) but also a sense of meaningfulness about working in the law.

We’ll be talking more about that.

 

For a summary of the UVA/Gallup study, see ScienceDaily, 18 December 2013:  “Residents of poorer nations find greater meaning in life.” For the original study, see S. Oishi, E. Diener, “Residents of Poor Nations Have a Greater Sense of Meaning in Life Than Residents of Wealthy Nations,” Psychological Science, 2013. You can request a reprint here.

Kevin Rhodes is on a mission to bring professional excellence and personal wellbeing to the people who learn, teach, and practice the law. His past blog posts for the CBA have been collected in two volumes — click the book covers for more information.

Money, Happiness, Wealth, and Meaning

One reason money doesn’t make us happy is the stress of making it. The following is from Plutocrats: The Rise of the new Global Super Rich and the Fall of Everyone Else, Chrystia Freeland (2012):

Until a few years ago, the reigning theory about money and happiness was the Easterlin paradox, the 1974 finding by Richard Easterlin that, beyond a relatively low threshold more money didn’t make you happier.

But across countries, what millions of immigrants have always known to be true really is: the people of rich countries are generally happier than the people of poor countries.

The latest contrarian finding, however, is that moving to that state of greater wealth and greater happiness is decidedly unpleasant. As Angus Deaton, in a review of the 2006 Gallup World Poll, concluded, “Surprisingly, at any given level of income, economic growth is associated with lower reported levels of life satisfaction.”

Freeland also cites Angus Deaton for showing that “the richer you are, the more covetous you become” — not a likely prescription for happiness.

A 2014 U of Virginia/Gallup study weighed in with similar findings — Emily Esfahani Smith discussed them in The Power of Meaning: Crafting a Life That Matters, (2017):

Though the study was enormous, involving nearly 140,000 people across 132 countries, it was also straightforward. A few years earlier, researchers from Gallup had asked respondents whether they were satisfied with their lives, and whether they felt their lives had an important purpose or meaning. [Prof. Shigehiro Oishi of the University of Virginia and Ed Diener of Gallup] analyzed that data by country, correlating the levels of happiness and meaning with variables like wealth, rates of suicides, and other social factors.

Their findings were surprising. People in wealthier regions, like Scandinavia, reported being happier than those in poorer ones, like sub-Saharan Africa. But when it came to meaning, it was a different story. Wealthy places like France and Hong Kong had some of the lowest levels of meaning, while the poor nations of Togo and Niger had among the highest, even though people living there were some of the unhappiest in the study.

I.e., the ultimate wellbeing culprit is neither money nor the pursuit of it, but whether or not you believe your life has meaning and purpose. And according to this vast, worldwide survey, the residents of wealthy countries rate their lives as less meaningful than those in poor countries.

Analogizing from these findings to the legal profession, we would expect that, because the legal profession runs on the higher side of financial wellbeing, lawyers would report higher levels of happiness than less well-paid workers, but would also suffer from meaning malaise. And, since one of the wellbeing factors used in the survey was rates of suicide, we would also expect lawyers to have a correspondingly higher rate of suicide.

The high lawyer suicide rate (third highest among professionals, after doctors and dentists) has been well documented, and as we’ve been seeing, lawyers as a whole aren’t generally happy with their lives either, despite their profession’s higher rate of wealth.

We’ll look more into the meaning part of the equation next time.

Richard Easterlin is a professor of economics at USC. Sir Angus Stewart Deaton, FBA, is a British American economist and professor at Princeton. In 2015, he was awarded the Nobel Memorial Prize in Economic Sciences for his analysis of consumption, poverty, and welfare.

For a summary of the UVA/Gallup study, see ScienceDaily, 18 December 2013: “Residents of poorer nations find greater meaning in life.” For the original study, see S. Oishi, E. Diener, “Residents of Poor Nations Have a Greater Sense of Meaning in Life Than Residents of Wealthy Nations,” Psychological Science, 2013.

Kevin Rhodes is on a mission to bring professional excellence and personal wellbeing to the people who learn, teach, and practice the law. His past blog posts for the CBA have been collected in two volumes — click the book covers for more information.

Can Money Buy Lawyer Happiness?

I thought the answer might be yes. Why? Because a few years back I blogged about the 2013 Colorado Supreme Court Lawyer Satisfaction and Salary Survey, which showed that, although 2/3’s of Colorado lawyers didn’t like their jobs enough to recommend them to someone else, at least they liked the money. And because a widely-cited study published the following year found that people in wealthier countries are happier than people in poorer countries. Put those two together, and maybe lawyers might say they’re happy overall, despite their job dissatisfaction.

I was wrong. I went several pages into the results of several Google searches and found nothing about happy lawyers or what makes them so. Happiness isn’t bad news, so maybe it doesn’t get reported, but still… why the long faces? More Google searches turned up a LegalCheek.com poll conducted in Great Britain the day after Theresa May gave the required notice of Great Britain’s withdrawal from the European Union. It reported that 70% of British lawyers weren’t happy about Brexit. But that doesn’t really count, does it?

The Happy Lawyer: Making a Good Life in the Law (2010) by law professors Nancy Levit and Douglas O. Linder had a promising title, but then, after an extensive review of the literature on lawyer happiness, the authors concluded that “[M]oney is the root of virtually everything that lawyers don’t like about their profession: the long hours, the commercialization, the tremendous pressure to attract and retain clients the fiercely competitive marketplace, the lack of collegiality and loyalty among partners, the poor public image of the profession, and even the lack of civility.”

So… money doesn’t just fail to make lawyers happy, it actually makes them unhappy. Hmmm.

Money certainly doesn’t make associates happy, even though 2016 saw associate salaries leap to new heights – at least in the world of BigLaw. In fact, the position of associate attorney came in rock bottom in a 2013 CareerBliss survey of not just lawyers, but 65,000 employees of all kinds. Forbes, “The Happiest And Unhappiest Jobs In America,” March 22, 2013. (Here’s Above the Law’s take on that story.)

A couple years after the CareerBliss poll, the Dean of Pepperdine Law School countered that well, there at least some happy associates. Go ahead — guess who they were — answer below.

If money doesn’t make lawyers happy, then what does? Earlier this year, Global Financial (“Financing Justice”) reported survey results by Robert Half Legal that a business casual dress policy helps lawyers deal with stress. Not quite the same as making lawyers happy.

Seriously? Business casual is the best we can do?

An August 2016 Above the Law article had a promising title — Why Are Lawyers So Happy? — but it turned out to be a tongue-in-cheek response to an earlier article by Jeena Cho, author of The Anxious Lawyer, all-around great person and reigning Goddess of Mindfulness in the Marketplace. (I’ve met Jeena, and she would be horrified at me giving her that title, but I do it with a smile, and besides, I think it’s true.) Both articles were written in response to a survey conducted by the ABA and the Betty Ford Foundation, which Forbes reported in an article whose title tells you everything you need to know:  “Study Indicates Lawyers Struggling With Substance Use And Other Mental Health Issues,” July 30, 2016.

No, money doesn’t buy lawyer happiness — according to pollsters anyway. Of course some lawyers are happy — with the money, their work, and maybe even life in general. I hope that’s you, and I hope you know lots of people like you. As for the rest, it’s hard to be happy about much of anything when you don’t like your work.

We’ll keep following the thread of money and happiness next time, to see what else we can learn from it. In the meantime, here’s your answer: Who are the happiest associates?  Tax lawyers.

Kevin Rhodes left a successful long-term law practice to scratch a creative itch and lived to tell about it… barely. Since then, he has been on a mission to bring professional excellence and personal wellbeing to the people who learn, teach, and practice the law. He has also blogged extensively and written several books about his unique journey to wellness, including how he deals with primary progressive MS through an aggressive regime of exercise, diet, and mental conditioning.

Can Money Buy Happiness?

Let’s ask some more famous people:

“Happiness resides not in possessions, and not in gold, happiness dwells in the soul.” –Unknown

“By desiring little, a poor man makes himself rich.” -Democritus

“Money has never made man happy, nor will it, there is nothing in its nature to produce happiness. The more of it one has, the more one wants.” –Benjamin Franklin

“It is my opinion that a man’s soul may be buried and perish under a dung-heap, or in a furrow field, just as well as under a pile of money.” –Nathaniel Hawthorne

“When I was young I thought that money was the most important thing in life; now that I am old, I know that it is.” -Oscar Wilde

“Wealth is the ability to truly experience life.” –Henry David Thoreau

“He who loses money, loses much; he who loses a friend, loses much more; he who loses faith, loses all.” -Eleanor Roosevelt

“Happiness is not in the mere possession of money; it lies in the joy of achievement, in the thrill of creative effort.” -Franklin D. Roosevelt

“It’s a kind of spiritual snobbery that makes people think they can be happy without money.” –Albert Camus

“I am opposed to millionaires, but it would be dangerous to offer me the position.” -Mark Twain

“I’d like to live as a poor man with lots of money.” -Pablo Picasso

“Money is better than poverty, if only for financial reasons.” –Woody Allen

“There are people who have money, and there are people who are rich.” –Coco Chanel

Thanks to Aol.finance for those quotes. They’re inconclusive, I’d say, although they do tell us that money brings out the inner philosopher and humorist in famous people. Maybe we should have asked Adam Smith:

As I am reminded every year by my students, those who encounter Smith’s writings for the first time are usually quite surprised to learn that he associated happiness with tranquility—a lack of internal discord—and insisted not only that money can’t buy happiness but also that the pursuit of riches generally detracts from one’s happiness. He speaks, for instance, of “all that leisure, all that ease, all that careless security, which are forfeited forever” when one attains great wealth, and of “all that toil, all that anxiety, all those mortifications which must be undergone” in the pursuit of it. Happiness consists largely of tranquility, and there is little tranquility to be found in a life of toiling and striving to keep up with the Joneses.

The Problem With Inequality, According to Adam Smith, The Atlantic, June 6, 2016, Dennis C. Rasmussen, professor of political science at Tufts University.

According to the “invisible hand” man himself, both pursuing and possessing wealth make you unhappy. Maybe, but most of us are with Clare Booth Luce, Oscar Wilde, Albert Camus, Mark Twain, and Woody Allen — or with Tevye in his exchange with Perchik the Bolshevik:

Perchik: Money is the world’s curse.

Tevye: May the Lord smite me with it! And may I never recover!

I mean, all these famous (and mostly rich) people are entitled to their opinion,  but we’d like to find out for ourselves if money could make us happy — we’re pretty sure we could handle it.

And for purposes of this blog, what we’d really like to know is whether money can buy lawyer happiness.

We’ll talk more about that next time.

 

Kevin Rhodes left a successful long-term law practice to scratch a creative itch and lived to tell about it… barely. Since then, he has been on a mission to bring professional excellence and personal wellbeing to the people who learn, teach, and practice the law. He has also blogged extensively and written several books about his unique journey to wellness, including how he deals with primary progressive MS through an aggressive regime of exercise, diet, and mental conditioning.

The Anti-Motivation Strategy (Part 8): Last Lessons From a Couple Personal Ethos Heroes

Employee-Motivation

 

Last week’s post introduced the concept of personal ethos — your core, essential self, the inner drive that defines you, that will be expressed simply because you are alive on this planet, here and now, doing what you do, for no other reason than that’s what you do. You don’t need motivation to do that. Besides, it’s what you do best, and love doing to boot.

Let’s end this series with a couple sports stories. Bear with me if that’s not your thing, but it’s a nice wrap up.

I once heard an interview in which Michael Jordan’s father said, “God decided to make a perfect basketball player, so he made Michael.” He wasn’t the only one who used that kind of language to describe his son. At the end of the 1986 season, Jordan came back from a broken ankle (too early, risking his career, the experts said) and played only 18 games, then burned the Boston Celtics for 63 points in a playoff game, causing Larry Bird to famously remark,

That was God disguised as Michael Jordan.”

It was a folksy thing to say. But what if he was right… I mean, really right? What if the sentence could be completed by someone observing your life and saying, “That was God disguised as [your name]”? Where would you find something that strong?

By looking at what you already do. What you’ve always done. What you’re going to do anyway, because that’s what you do, and you love doing it and you’re good at it.

When God decided to make a perfect _______, he made [your name].

I know, it sounds corny, but try it on. Go ahead — it won’t kill you. According to the concept of personal ethos, those bold statements are not a reach for a stress-fueled motivational challenge, they’re facts that come from the essence of who you are, at the level of your deepest, core self.

Tap that, and you can quit making trips to the dry, stressful motivation well. You won’t need it, You will do what you will do, irrepressibly and indomitably. You won’t be able to help it; you won’t want to. That’s what it means to operate from your personal ethos.

Larry-Bird

Sure, you’ll face the challenge of staying focused on individual and collective mission and goals, but you face that challenge already anyway. Only now you’ll face it with more honesty, authenticity, and laser focus. Which means you can expect more explosive results. You’ll become this:

Michael-Jordan

Now, isn’t that a whole lot better than the carrot and stick you’ve been waving around?

If you’re interested in more about personal ethos, I wrote two books about it. Both are available as FREE downloads. For more, click the book covers.

 

Running-for-my-Life

One reader said this: “Running For My Life is a unique and thought provoking read. On the surface it is a story about a man with primary progressive MS reshaping his life through a+ strict diet and extreme exercise regimen. However, if you take the time to explore the pages, you will find that it is really a story about Kevin and about yourself. This book invites you to take a look inwards at your own limitations, and then holds your hand as you figure out how to push past them together.”

 

EthosEthos is a stand-alone version of Book Three of Running For My Life. It is a Personal Ethos Credo — the things I believe about it, and how I practice it.

What’s Up For the New Year

rhodesThe past couple years, this blog has been mostly about profession-wide trends. When it began a few years ago, it focused on personal development. This year, we’re going back to that beginning, with some blurry lines.

Researching law practice trends, I’ve discovered great sources such as Above the Law, The Lawyerist, and The Likeable Lawyer. There’s also mindfulness evangelist Jeena Cho, and law futurist par excellence, Richard Susskind. And right in our own backyard there’s the IAALS (The Institute for the Advancement of the American Legal System). There are plenty more where those came from.

Knowing that all those sources are out there, doing such a great job at what they do, I’ve grown reluctant to use this blog to simply recycle their material. I recommend them to you if you want to beef up your list of sources with a finger on the pulse of the paradigm shift that’s happening in the legal world these days.

Beyond those law-specific sources, I read and research a lot about creativity and innovation, health and wellbeing, consciousness and personal growth. I’ve noticed that, in the realm of personal development, the genre lines have gotten blurry. Entrepreneurs talk about mindfulness, humanities profs cite quantum physics, and everybody talks about neuroscience, so that now we have all these hyphenated new disciplines: neuro-culture, neuro-anthropology, neuro-biology… I haven’t seen nuero-legal yet, but I’ll bet it’s coming.

The Information Age is serving up a rich cross-fertilization of multi-disciplinary ideas. Entrepreneurial innovation takes cues from artistic creation, business builds itself around social causes, and leadership thought leaders borrow the language of the archetypal inner hero’s journey.

While some groups around the world are darkening into fundamentalist rage, there’s a counter movement that’s waking up moment-by-moment into a bigger, bolder, brighter future that — guess what? — even has lawyers in it.

Imagine that.

No, I mean really. Use your imagination to get your heart and soul around a bigger, bolder, brighter future for lawyers and the law.

Feels pretty good.

That’s where we’re going this year — into that cross-disciplinary brightness. And along the way, because everybody likes a good story, I plan to tell more of them. Many will be my own, and why not? Classic literature has known forever that where we’re most personal we’re also most universal, and I’ve learned to trust that my stories have the same effect. I’ll be honest, I’ve been a reluctant learner on this point, but I think I’m getting it. So we’re going there, too.

That’s what’s up for the new year. But before we go entirely there, I’m going to take the next two weeks to put one final exclamation point on last year’s Future of Law and Culture of Law series, and invite your participation in The Moral of the Story one last time. That’s not entirely a digression, though, because if you accept that invitation, it will become the wildest ride of personal development you could (not) ever imagine.

‘Til then, thanks for reading, and see you next time.

Kevin Rhodes has been a lawyer for over 30 years. Drawing on insights gathered from science, technology, disruptive innovation, entrepreneurship, neuroscience, and psychology, and also from his personal experiences as a practicing lawyer and a “life athlete,” he’s on a mission to bring wellbeing to the people who learn, teach, and practice the law.

The Future of Law (Part One): Beyond the Borg

rhodesWe finished last year talking about the law profession’s cultural ethos, and how new practice models and wellness initiatives are liberating lawyers from its harmful aspects (the Legal Borg). An earlier 2014 series also looked at alternative practice models. Another considered how the law’s cultural ethos can cause stress-induced cognitive impairment and how mindfulness practice can help.

These developments may have sneaked in unnoticed, but now they’ve become the elephant in the room, and it’s time to deal with them. They’re causing a seismic shift in the profession’s ethos, and a new ethos requires a new ethic: i.e., new standards for how to enter the profession and how to behave once you’re in it.

The ABA Journal published a piece on that very topic on New Year’s Day, entitled “Does The UK Know Something We Don’t About Alternative Business Structures?” The article begins as follows:

For two nations sharing a language and legal history, the contrast in the visions at play in the legal systems of the United States and United Kingdom is more than striking. It’s revolutionary.

The debates in the U.S. go on: Should ethics rules blocking nonlawyer ownership of law firms be lifted? Is the current definition of unlicensed law practice harming rather than protecting clients? What about the restrictions on multidisciplinary practices?

And those debates are by no means ending: Witness the newly created ABA Commission on the Future of Legal Services. Though ABA President William C. Hubbard does not mention ethics rule changes in the commission’s primary task of identifying the most innovative practices being used in the U.S. to deliver legal services, some of those practices have been questioned as possible ethical breaches. Meanwhile, the rules and restrictions stay in place. The situation in the United Kingdom couldn’t be more different: Such restrictions have largely been lifted, and under the Legal Services Act the creation of new ways of providing legal services—including through alternative business structures—is more than simply permitted; it is actively encouraged.

Nonlawyer ownership of law firms, unlicensed practice, multidisciplinary practice… those are big issues. We’ll let the ABA tackle them. If you’ve been following these issues for awhile, you’ll remember the ABA did just that at their summer convention 17 years ago, and again the following year.

This blog won’t try to keep pace with the pros on that debate’s current version. We will, however, do some guessing of our own about how current trends in law practice and lawyer wellbeing might change not just lawyers and law practice, but our very stock and trade: the law itself. A new cultural ethos in the law will do precisely that. It is already. We’re going to talk about that, and speculate about what it might look like going forward.

According to Wikipedia, futurology is an “attempt to systematically explore predictions and possibilities about the future and how they can emerge from the present.” We’re not going to be systematic here. Instead, we’ll engage in some moderately-well-informed-but-we-don’t-know-what-the-insiders-know curiosity.

Should be fun. So draw the shades and polish up your crystal ball (maybe you prefer this kind, or maybe that) and let’s take a look!

Kevin Rhodes has been a lawyer for nearly 30 years, in firms large and small, and in solo practice. Years ago he left his law practice to start a creative venture, and his reflections on exiting the law practice appeared in an article in the August 2014 issue of The Colorado Lawyer. His free ebook, Life Beyond Reason: A Memoir of Mania, chronicles his misadventures in leaving the law, and the lessons he learned about personal growth and transformation, which are the foundation of much of what he writes about here.

A collection of Kevin’s blog posts, Enlightenment, Apocalypse, and Other States of Mind, is now available as an ebook. Click the book title to sample and download it from the distributor’s webpage. It’s also available on from Barnes & Noble, iTunes, Amazon, and Scribd. The collection includes Forewords from Debra Austin, author of the Killing Them Softly law journal article which has been featured here, and from Ron Sandgrund, author of The Colorado Lawyer article mentioned above.

You can email Kevin at kevin@rhodeslaw.com.

Saving Ourselves From Ourselves (Part Two): The Borg Isn’t a Personal Problem

“We are the Borg. You will be assimilated.
Lower your shields and surrender your ships.
We will add your biological and technological distinctiveness to our own.
Your culture will adapt to serve us.
Resistance is futile.”

rhodesTo recap from last time:

Ethos is “the characteristic spirit of a culture, era, or community, as manifested in its beliefs and aspirations.”

Like any institution, the law profession has its own ethos, manifested in expressed and unspoken beliefs and aspirations that guide our attitudes and behaviors.

What I’m calling the “Legal Borg” (c’mon, we gotta have a little fun every now and then!) is that portion of the law ethos that is responsible for the cognitive- and performance-impairing brain damage we learned about in the Killing Them Softly series, also for lawyers’ high rates of depression, anxiety disorders, substance abuse, and suicide.

The Legal Borg is the part of our professional ethos that’s out to get us. It’s stealthy and insidious. It avoids detection not by hiding but by convincing us we’re not seeing what we’re seeing. Or that what we’re seeing isn’t worth the bother.

Take lawyer career dissatisfaction, for example: it’s been on the rise for decades; we know that personally and anecdotally, also from numerous bar association polls and university research studies. Same thing with lawyer psychological distress. The Borg’s response? To convince us — individually and collectively — that these things are a personal problem. Some people just can’t handle the stress. Too bad for them; the rest of us have work to do. If you need help, get it, it’s out there. In the meantime, we don’t like thinking or talking about it, so don’t ask, don’t tell.

Further, if we dare question whether we’re okay with that, the Borg isolates us, labels us aberrant. For example, work-life balance initiatives are all over the legal profession, in bar association initiatives such as this one through the CBA (also summarized in The Colorado Lawyer archives back in 2007 — I wonder whatever happened to it?) and in law firms such as this one (chosen at random — there were too many). Statistically, these initiatives have been largely populated by women, although that is changing. So what does the Borg do? It declares that this is primarily a “women’s issue,” or perhaps a “parents issue,” and creates “alternative” career paths for these outliers. “We’ll accommodate them, but we all know that’s not where the real action is.” So says the Borg.

As for law firms with wellness programs, that’s a California or Europe thing. Not in our house! Besides, you need to be careful with those programs — you can get in trouble if you get carried away.

And so it goes. That’s the Legal Borg working overtime to promote the perception that for everybody but an irrelevant, dissenting few, things in the profession are as they have always been, and we’re all better off that way.

It’s a strategy that’s worked for a long time, but there are signs everyday that that the Borg’s grip is weakening — enough to make you wonder if the tipping point may have already been reached. We looked at one of those signs — an ethical initiative in Ohio — last time. Consider also this description of another Ohio initiative (convened in Columbus the day after I was recently there — darn!): a confab sponsored by the Supreme Court of Ohio Commission on Professionalism on “Preparing the Leaders of Tomorrow’s Changing Legal Profession.”

That title may be misleading. We may not be talking about “tomorrow” anymore. The future may already be here.

More on that coming up.

Kevin Rhodes has been a lawyer for nearly 30 years, in firms large and small, and in solo practice. Years ago he left his law practice to start a creative venture, and his reflections on exiting the law practice appeared in an article in the August 2014 issue of The Colorado Lawyer. His free ebook, Life Beyond Reason: A Memoir of Mania, chronicles his misadventures in leaving the law, and the lessons he learned about personal growth and transformation, which are the foundation of much of what he writes about here.

A collection of Kevin’s blog posts, Enlightenment, Apocalypse, and Other States of Mind, is now available as an ebook. Click the book title to sample and download it from the distributor’s webpage. It’s also available on from Barnes & Noble, iTunes, Amazon, and Scribd. The collection includes Forewords from Debra Austin, author of the Killing Them Softly law journal article which has been featured here, and from Ron Sandgrund, author of The Colorado Lawyer article mentioned above.

You can email Kevin at kevin@rhodeslaw.com.

Saving Ourselves From Ourselves (Part One): We Are The Borg

“We are the Borg. You will be assimilated.
Lower your shields and surrender your ships.
We will add your biological and technological distinctiveness to our own.
Your culture will adapt to serve us.
Resistance is futile.”

rhodesThe Borg is a mass consciousness, an ethos. I Googled “ethos” and here’s what came on top:

Ethos: the characteristic spirit of a culture, era, or community as manifested in its beliefs and aspirations.

The law profession is a culture and community with its own ethos, manifested in both expressed and unspoken rules of belief and aspiration. From the moment we applied to law school, we’ve been giving our implied consent to being assimilated into this ethos. Little did we know it included its own version of the Borg: as we saw in the Killing Them Softly series, our assimilation can result in cognitive- and performance-impairing brain damage.

I spent last week witnessing the legal profession’s Borg Ethos in action as I conducted my “Beyond Burnout” CLE workshop in Cincinnati, Columbus, and Cleveland. Some attendees found it within themselves to escape assimilation. As one said in his course evaluation, “Today I moved closer to taking the steps I need to take to rediscover the creativity, vigor, and passion which came so naturally before I learned to think like a lawyer.”

Like him, we can save ourselves… if we want to.

The workshops were prompted by a new Ohio CLE mandate for instruction in “mental health issues.” Ohio also requires instruction in not just the Rules of Professional Conduct but also the Ohio “Lawyer’s Creed” and “Lawyer’s Aspirational Ideals.” Those requirements contain some fascinating anti-assimilation provisions.

Consider for example this excerpt from The Lawyer’s Creed:

To my colleagues in the practice of law, I offer concern for your reputation and well-being.

And this one from The Lawyer’s Aspirational Ideals:

As to my colleagues in the practice of law, I shall aspire . . . to offer you assistance with your personal and professional needs.

Amazing. Ohio lawyers have an ethical duty to be concerned for the well-being of fellow lawyers, and to offer assistance with their personal needs — such as helping each other to not be assimilated by the legal profession’s Borg Ethos.

This goes way beyond Model Rule 8.3, the Colorado version of which says we must report something that “raises a substantial question as to [another] lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects.” In my legal ethics class, we called this the “Rat-On Rule,” and we all knew we would never do that. That’s how the Borg Ethos works: it sucks us in, detaches our normal sensibilities — even the evolutionary survival parts of our brains that instinctively want to look out for the safety and well-being of the other members of our tribe. By contrast, Ohio has made this duty to care explicit.

Truly amazing. When we see a duty to care appearing in CLE ethics requirements, we know that the winds of change are truly blowing in our profession. We’re going to hoist our sail to them in this series. To prepare, we do well to follow the advice the shrunken head on the Knight Bus in Harry Potter and The Prisoner of Azkaban:

“Fasten your safety belts, clench your buttocks! It’s going be a bumpy ride!”

Rhodes has been a lawyer for nearly 30 years, in firms large and small, and in solo practice. Years ago he left his law practice to start a creative venture, and his reflections on that topic appeared in an article in the August 2014 issue of The Colorado Lawyer. His ebook, Life Beyond Reason: A Memoir of Mania, chronicles his misadventures and lessons learned about personal growth and transformation, which are the foundation of much of what he writes about here. If you enjoy reading this blog and would like to contribute a blurb to Kevin’s upcoming collection of these posts, please email Kevin at kevin@rhodeslaw.com.

A collection of Kevin’s blog posts, Enlightenment, Apocalypse, and Other States of Mind, is now available as an ebook. Click the link to sample and download it from the distributor’s webpage. (Soon to be available on iTunes, Barnes & Noble, and Scribd.) Includes Forewords from Debra Austin, author of the Killing Them Softly law journal article, and from Ron Sandgrund, author of an article on lawyers exiting the law in the August 2014 issue of The Colorado Lawyer, in which Kevin was interviewed.

Is There a Better Exit Strategy Than Death?—Part II: The Interviews: Tony Turrini—Changing Course, Pursuing Fulfillment

Editor’s Note: This article appeared in the September 2014 issue of The Colorado Lawyer. This is the fourth part of a 5-part series on Legal Connection. Click here for Part 1, click here for Part 2, and click here for Part 3.

Sandgrund-TurriniBy Ronald M. Sandgrund, Esq., InQ.

InQ: How old were you when you first felt that practicing law was what you wanted do for a career?

Tony: I was 20 years old.

InQ: How old were you when you started practicing law full-time?

Tony: I started practicing law full-time at 24, and I practiced full-time for roughly seven years. I did legal work as part of my job for another twenty-five years.

InQ: When did you first start thinking about exiting the full-time practice of law?

Tony: I began having second thoughts about full-time private practice when I was 26 or 27. I really didn’t enjoy being a hired gun and felt like I was spending way too much time sitting behind a desk. I was in private practice for only a couple of years before I decided I’d rather go count elk or caribou in the woods.

InQ: Did you develop any sort of plan at that point—whether to count elk, caribou, or some other critters?

Tony: I realized that my law degree and undergraduate degree in English literature were not going to be particularly helpful if I wanted to pursue a new career in wildlife management. I decided to go back to the University of Colorado and get a master’s degree in biology. I thought I could get the degree in eighteen months. It ended up taking closer to two years.

InQ: Did any obstacles to your plan crop up?

Tony: My wife, who was working full-time, was pregnant with our first child. Money was a little tight and I took a couple of part-time clerking jobs. As a former practitioner, it was relatively easy to find part-time work. To stay within a two-year time frame, I earned a master’s of basic science, which was a less prestigious and less useful degree than a master’s in wildlife biology.

InQ: What strategies did you employ to manage these obstacles?

Tony: I was very, very nice to my wife.

InQ: Always a good strategy. At any point did you think about reversing course?

Tony: I didn’t have any second thoughts about returning to school. I thoroughly enjoyed the course work and appreciated the learning experience in a way I hadn’t in law school or as an undergraduate. Although I didn’t reverse course, I did alter it. When I graduated with the MBS, I found that while I was qualified for entry-level positions in wildlife management, many potential employers were interested in me primarily because I was a lawyer with a science degree. I also realized, belatedly, that law school and private practice had ruined me as a scientist. I wasn’t going to be satisfied simply collecting data; I wanted to apply the information in some way. Apparently, once an advocate, always an advocate. Eventually, I accepted a position as legal counsel for National Wildlife Federation’s Prairie Wetlands Resource Center in Bismarck, North Dakota. This was the beginning of a wonderful twenty-six years in the nonprofit world.

So, I didn’t reverse course, but I did make a few course corrections. After transferring to National Wildlife Federation’s Alaska office, I became the regional director in 1997. After eleven years with the organization, I was ready for a change, and the director position involved different responsibilities. Seven years later, I arranged to swap jobs with one of our staff attorneys. As senior attorney, I was able to work on specific projects and reduce my hours.

InQ: Did you eventually leave the practice of law completely?

Tony: I went part-time in 2013 and retired earlier this year.

InQ: Some say that the biggest hurdles to changing one’s career path are a lack of imagination, fear, and finances—what do you think?

Tony: I’ve never had any problem filling my time or imagining life without a full-time job. After working most of my career at a nonprofit, I also know that there are many good organizations looking for volunteers. Money was a factor in the timing of my retirement. I waited until I thought my wife and I could maintain our current lifestyle and tried not to let “what ifs” affect my judgment too much.

InQ: How much did finances affect your decision to retire?

Tony: I wouldn’t have considered retirement before paying for my children’s college education. It’s probably a little too soon to tell if our financial analysis was correct—we haven’t run out of money yet!

InQ: How did your significant other react when you were exploring options other than the full-time practice of law? Did any tensions arise within your family?

Tony: My wife was very supportive—except when I suggested I could get a really good job if I went back to school for a doctorate! Ultimately, my wife had veto authority over many of the more significant career choices I made, but fortunately she never exercised it. I didn’t really experience any tensions, and I was fortunate in being able to phase out of full-time active practice. It was really a pretty easy transition.

InQ: You are only 56. How are you filling your new-found time?

Tony: I have a lot of interests that are now limited only by the threat of repetitive stress injuries. So far, I haven’t felt the need to find new hobbies to fill the time. At some point, I plan on doing something more productive, but right now I’m just relaxing and enjoying life.

InQ: What does your wife think of you playing all the time while she is still working? Has your share of the domestic chores increased?

Tony: She thinks I’m working from home. Just kidding. My wife retires in November. In the meantime, I’m doing most of the household chores and trying not to look like I’m enjoying myself too much.

InQ:

Tony: I wouldn’t do anything differently.

InQ: How happy were you when practicing law full-time and how happy are you now?

Tony: For most of my career, I was very happy. The last few years, I was ready for something new. I’m very happy now. Change is good.