November 22, 2017

The Colorado Lawyer Self-Assessment Program

Editor’s Note: This is a guest post by Jonathan White of the Colorado Office of Attorney Regulation Counsel. You can find out more about the lawyer self-assessment survey on the OARC website

By Jonathan P. White, Office of Attorney Regulation Counsel

Colorado has launched its new lawyer self-assessment program designed to help lawyers better serve clients and simplify their professional lives. This program arises out of a multi-year initiative of a subcommittee of the Colorado Supreme Court’s Attorney Regulation Advisory Committee. Over 50 practicing lawyers have participated in the subcommittee. They have drawn from their professional experience to identify practices that promote client service, that lead to more efficient office management, and that allow lawyers to assess their practice’s ethical infrastructure. The subcommittee’s goal is to help lawyers assess their practice and identify points of excellence and areas for improvement.

There are ten individual areas of self-assessment:

  1. Developing a competent practice;
  2. Communicating in an effective, timely, professional manner and maintaining relations;
  3. Ensuring that confidentiality requirements are met;
  4. Avoiding conflicts of interest;
  5. Maintaining appropriate file and records management systems;
  6. Managing the law firm/legal entity and staff appropriately;
  7. Charging appropriate fees and making appropriate disbursements;
  8. Ensuring that reliable trust account practices are in use;
  9. Working to improve the administration of justice and access to legal services; and
  10. Wellness and inclusivity.

Ultimately, these self-assessments should help attorneys avoid grievances and alleviate some of the stress associated with practice, especially for solo and small firm practitioners and those new to practice. The self-assessments are voluntary and confidential. The Office of Attorney Regulation Counsel does not receive any personally-attributable answers. The assessments offer links to the Colorado Rules of Professional Conduct and to a variety of educational resources ranging from template forms to advisory opinions to articles on current professionalism issues.

Lawyers can now view and complete the self-assessments through the Office of Attorney Regulation Counsel’s website: https://www.coloradosupremecourt.com/AboutUs/LawyerSelfAssessmentProgram.asp. Lawyers can choose to take all ten self-assessments through an online survey platform accessible at the top of the previously-referenced webpage. This online platform may be used on a desktop computer, laptop, or mobile device. As an alternative, lawyers may also download the print/PDF survey through the same webpage. After completing either the online self-assessment or the print/PDF version, lawyers may claim up to three general credit hours and three ethics credit hours of continuing legal education. A CLE affidavit is available on the self-assessment program webpage, as well as through the online survey itself.

The Joy of Working (It’s Worse Than I Thought)

“There is but one truly serious philosophical problem, and that is suicide.
Judging whether life is or is not worth living amounts to
 answering the fundamental question of philosophy.”

-Albert Camus, An Absurd Reasoning (1955)

The last few posts had a lot in them about suicide. I really didn’t plan to write about suicide. I meant instead to talk about happiness and meaning in our work, particularly for lawyers and the legal profession — nice, safe topics. I mean, who can argue with enjoying our work?

Trouble is, as I did my research, suicide kept coming up, along with other topics I didn’t plan to write about. Some were predictable, like globalization, technology, and disruptive innovation. I’ve written about those before, although they came up in new ways that merit re-examination. But then a whole lot of uninvited, touchier subjects jumped onboard, such as income and wealth inequality, poverty and the welfare system, nationalism and immigration, and more.

Uh oh. If last year’s election taught me anything, it’s that public discourse has been largely displaced by what this Aeon Magazine article calls “moral grandstanding.” As a result, if you write something, it’s likely to be slapped with an assumption that you’re on mission to convert other people to a point of view, and thus the fight begins. I learned that the hard way when a Facebook “friend” pounced one of my shares, and before I knew it our other “friends” were cheering us on like students making a circle around us in the high school cafeteria after I accidentally stepped on his potato chips.

How about we don’t do that? At least not here.

I recently shared some of the economic research I’ve been doing in connection with these posts with a friend who’s a hedge fund manager. He immediately demanded that I define my terms. Whoa! I replied that I wasn’t pretending to be an economist, I’m just trying to figure out how the world of work is changing, and how that affects human beings. (If you’d like a book list of what I’ve been reading, you can check out my Goodreads page. Or email me.) Guess I won’t bring up economics again, I thought. And yet here I am, risking it in this column. Why?

Mainly, because my research keeps linking all those touchy subjects to the safe ones I started with, and because all of them — controversial or not — seem to be symptomatic of a worldwide clash of social and economic narratives. And that interests me, very much. Work as a life-giving human activity has been an enduring passion of mine since college, when I cut a headline out of a magazine that was based on the iconic “The Joy of Cooking” cover, except it substituted “Working” for “Cooking.” I pasted it on a bookshelf I lugged around for decades until it got lost in a recent move.

The headline was lost, but not the interest. I plan to keep writing about The Joy of Working because I care about the human beings getting squeezed by the cultural and commercial shifts that are currently revolutionizing the world of work. I care that the legal profession is at Ground Zero for many of these developments, with its endemic high levels of career dissatisfaction and related loss of personal wellbeing. And I care because my research shows that things are worse than I thought: feelings of a lack of meaning about our work aren’t just a complex and difficult social and economic phenomenon, they’re a plague that too often ends in self-inflicted death.

I also believe that, if anyone is positioned to steer public discourse toward constructive outcomes, it would be those directly engaged with how the law is learned and practiced, created and applied. We’ve already sailed some stormy seas together in this series, and we’re heading for more. I think we’re up for it.

One last that thing: I have no illusions about my own objectivity; I am as prone to cognitive bias as anyone. (We’ll take more about that, too.) Thus I invite you to remember that I intend this to be about conversation, not conversion. Plus, I’ll make the customary disclaimer that I write my own thoughts, not the CBA’s or CLE’s.

I will brave the discourse if you will.

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.