Are you a perfectionist? A pessimist? An all-or-nothing
competitor? If so, you may be headed for burnout. Avoid
these traps, and you'll have a shot at long-term career satisfaction and personal
happiness.
The average number of hours that Americans spend at work has increased about
10 percent in the last 25 years. [1] Ideas about
how to address today's "time famine" fill pop psychology books, news
articles, and cocktail party conversations. We're told that the trend is driven
by the competitiveness of the global economy, technology-created 24/7 availability
and demand, increased costs of employee benefits, and our insatiable consumerism.
But the tide of overwork has not been stemmed by the surfeit of explanations
and admonitions to change our ways.
Lawyers seem particularly resistant to "take time for your life" advice.
In fact, many lawyers tout their workaholism as a badge of honor, bragging
to peers about the number of hours logged in at the office or courthouse each
week.
Evidence suggests that the profession's long hours and singular stresses are
taking their toll. [2] The incidence of depression among lawyers is nearly
four times that of the general public and the highest of 104 occupations surveyed.
[3] Lawyers are also at greater risk than the general population for substance
abuse, suicide, anxiety disorders, divorce and stress-related illnesses like
hypertension, heart attacks and strokes. [4] The Japanese have a word for it – karoshi.
It means death from overwork.
Lawyers face some unique obstacles to achieving balanced lives.
To understand these obstacles and how they can be overcome, it is important
to clarify what I mean by "balanced." Much of the popular literature
suggests that a balanced life is one that fits together all the "right" pieces
of the life puzzle – for example, work, exercise, religion and family.
It is like making sure your diet matches the latest FDA recommendations.
In fact, trying to follow some recommended formula is likely to cause more
stress, rather than leave a person feeling more balanced and in control.
When I talk about balance, I'm really talking about biology. [5]
The body's physiological and biochemical responses are all geared toward maintaining
a state of balance or harmony.
"Stress" refers to events that upset this balance. When your brain
responds to stress, it triggers the release of hormones and chemicals from
your nerves and glands. These make your heart beat faster and the hair on your
skin stand up. When you experience an optimal amount of stress, your attention
is focused and your vision becomes crystal clear.
But inescapable exposure to many different stressors simultaneously can lead
to what is commonly referred to as "burnout." Chronic, high stress
increases a person's risk for depression, hypertension, stroke and heart disease – the
very occupational hazards to which lawyers are the most vulnerable.
The antidote to stress is what is generally referred to as "happiness" or "well-being." A
large body of research indicates that happiness prolongs life and improves
health. [6] By happiness, I do not mean transitory pleasures. Rather, I mean
feeling that your life has purpose and meaning; doing work that is challenging
and engaging and allows you to develop your strengths and potential;; enjoying
supportive and intimate connections with other people; accepting yourself – your
vulnerabilities and mistakes as well as your strengths and successes; having
clear, personal standards that guide your actions and protect you from the
judgments and expectations of others; and living your life intentionally, so
that rather than operating on auto pilot, you are conscious of the moments
of your life and grateful for the small blessings one misses without such mindful
awareness. [7]
Certain realities of the professional life of a trial lawyer make experiencing
this kind of well-being particularly difficult. Fortunately, there are ways
around those obstacles. It is possible to be a happy trial lawyer. John R.,
[8] a personal injury trial lawyer and a coaching client of mine, is an example.
To characterize John's life as stress is an understatement. Given that most
of his income is contingent on the awards his clients receive, he has ongoing
cash flow problems. At any given time, he may be handling around 200 cases.
But John's happiness is palpable. John sees himself as a champion of the underdog.
He views his clients as people who have been harmed, whose quality of life
has been compromised, by another's actions. There is an abiding sense of purpose
to his work: He provides his clients with the means to restore their lives,
to the extent that is possible. He maintains regular contact with all clients
regardless of the status of their cases so they know that he is thinking about
them and that he cares.
He is determined not to sacrifice time with his family, which he regards as
precious. In spite of his heavy workload, John leaves his office early one
day each week to spend time with his wife and two young children. He works
no more than one day on the weekend. He and his wife have a "date night" once
a week.
John is able to maintain boundaries between his work and his private life
because he has support from his coworkers. John has been careful to hire people
who share his values. They function like a family, eating lunch together regularly
and sharing stories of personal difficulties and triumphs. No one could fail
to show up for work without receiving a concerned phone call from at least
one person in the office. John's coworkers push him out the door if they see
him working at a time he's committed to being with his family.
John is used to facing financial struggles. His first priority is to pay his
staff's salaries. He hopes to be able to finish paying off his law school loans
and save for his children's education. He cares little about affluence and
status; he'd rather fight for a client he believes was wronged than earn more
money doing something less meaningful to him. In fact, he already thinks of
himself as "rich."
Our coaching goals are simple: Although he's already pretty happy, John wants
to figure out how to work less and reduce some of the stress in his life.
What follows is a description of some of the obstacles to balance that John
and almost all lawyers must contend with – and some effective methods
for overcoming them.
Perfectionism
Kathy Morris, the director of the ABA's Career Resource Center, points out
that changing careers doesn't necessarily provide a lawyer with a more balanced
life. Morris once commented to me that when a lawyer tells her that he or she
wants to change careers, she advises, "If you're a perfectionist and won't
delegate, balance will be elusive in any career."
Actually, the term "perfectionism" has a variety of connotations.
[9] When it refers to the tendency to have extremely high, self-imposed standards
and to place great value on high levels of achievement, it can appear adaptive
since it leads to constructive striving and, often, and excellent work product.
When perfectionism prompts you to excel while still accepting personal and
situational limitations, it may create worry and stress but is not necessarily
destructive. A "normally" perfectionistic lawyer can derive a sense
of pleasure from work-related efforts and accomplishments.
But you're in dangerous territory when the standards you set for yourself
are unrealistic and accompanied by intense self-scrutiny; an inability to accept
any flaw, fault or failure in yourself; and self-criticism for every mistake.
This kind of perfectionism makes you intensely vulnerable to the experience
of failure.
A perfectionistic lawyer is always on trial. Life is about achieving perfection
all the time. The lawyers I coach who tend toward perfectionism do not limit
this trait to their work life. They feel the same pressure to be perfect in
their recreational pursuits. Every missed shot in tennis is an opportunity
for self-criticism.
Law has a way of dichotomizing human experience. You learn to think in terms
of winning or losing; succeeding or failing; being rational or emotional, strong
or weak. For many law students, the Socratic method is a lesson in perfectionism.
The experience ob being publicly humiliated in front of one's peers can be
so devastating that many law students, after they become lawyers, cope with
the fear of a repeat performance by seeking perfection in their work. One attorney
I coached who was a stage performer throughout childhood developed a severe
case of public-speaking anxiety after just such an experience.
The pressure to be perfect is compounded if the person also believes that
others maintain expectations of him or her that are difficult, if not impossible,
to meet. When excessive standards are experienced as externally imposed but
necessary to meet in order to win approval and acceptance, the situation can
feel overwhelmingly uncontrollable. The result is feelings of failure, anxiety,
and hopelessness – the perfect formula for depression.
Perfectionism can be a tough nut to crack, but you can do a number of things
to chip away at it. Try developing more realistic standards. You may need to
get some input from others to do this. No lawyer is perfect, and hearing from
other attorneys whom you admire about their mistakes and losses might provide
you with a more practical perspective.
Pay attention to the ways your perfectionsim undermines your performance.
You cannot be focused on your work and on your self-critical thoughts simultaneously.
Try thinking of the self-critical voice in your head as your adversary or as
an advisor who gives you very bad counsel. If following this advice always
leads to disaster, why keep listening?
If self-critical thoughts are a well-established habit, this "self-talk" is
unlikely to simply disappear. But you can change how you respond to such thoughts.
If you use your self-critical thoughts as an alarm to refocus on the task at
hand, they're less likely to disrupt you. And if you dispute these thoughts
with alternative interpretations (for example, substituting "This was
a very tough case – the case law was ambiguous" for "If I were
smart, I would have anticipated that"), your self-talk is less likely
to distress and depress you.
Having a goal other than perfection can be a useful antidote. If you're striving
toward a larger goal, mistakes you make along the way are less likely to distract
you from your sense of purpose. For example, your love of learning might lead
you to the goal of continually learning new bodies of knowledge or acquiring
new skills. Or, you might strive toward leadership roles in organizations dedicated
to your most cherished values.
Take a stance of radical acceptance. Imperfection is a reality. You cannot
change it. Fighting it is like trying to struggle out of quicksand – the
more you flail, the faster you sink. Use errors or failures as opportunities
to affirm your humanity: You made a mistake – that's what human beings
do. What can you learn from the situation? How can you use this experience
to further develop your strengths?
Resilient people do all they can to achieve their goals. They take control
where they can, recognizing that not everything is within their control. This
helps them bounce back from setbacks.
One-upmanship
A win-lose mentality is a natural outgrowth of our adversarial system of justice.
Many commentators attribute the decline of civility and increase in "Rambo"-style
litigation to the competitiveness and one-upmanship endemic to our adversarial
system of justice. [10] As Gerry Spence once put it:
Law has had me at war for 35 years. Every case I've
had left me shell-shocked, fatigued, full of fight.
One could say I've played all my life, because I like
what I do. But, no, I've been sent to innumerable
fronts of war. It hasn't taken genius to win. It has
taken energy. Energy. [11]
The emotional cost of this win-lose system on those who must work within it
is high. [12] Lawyers are trained to be aggressive, competitive, judgmental,
intellectual, tough-minded, analytical, and emotionally detached. Any feelings
of weakness, vulnerability, and uncertainty must be suppressed. The predictable
emotional consequences for the trial lawyer – who, like any human being,
occasionally feels weak, vulnerable, and uncertain – are distress and
discomfort. And for the perfectionistic lawyer, the loss of the appearance
of strength, like a loss in court, will be particularly painful.
Also, when losing is equated with failure, the lawyer, especially a perfectionist,
will feel a loss in court keenly and is unlikely to see it as an opportunity
for learning.
Win-lose situations are – by definition – conflicts, and these
tend to elicit strong negative emotions, particularly anger. Anger narrows
our attention to identifying what is wrong and eliminating it. Thought becomes
inflexible and intolerant, making it more difficult for litigating parties
to find creative solutions to their conflict. Even more dangerous are the physiological
responses to anger: for example, cardiovascular reactions that can lead to
high blood pressure and heart disease.
Instead of focusing on winning, try fixing your sights on the fact that you
are serving a cause you know is just. [13] Even if the outcome is adverse,
it will not eliminate the positive sense of self gained from doing work guided
by an inner sense of virtue.
Another alternative is to create a practice that reflects the way law was
practiced decades ago, when the lawyer's role as counselor was emphasized and
zealous advocacy was balanced with a commitment to providing community and
public service. This approach has been embraced by trial lawyers who are part
of the "comprehensive law movement," an umbrella term for several
practice variations that emphasize nonadversarial resolution of legal conflicts.
[14]
It is essential to ask yourself what kind of lawyer you want to be. Perhaps
you will decide that you can be of greater service to your clients by discouraging
litigation or guiding them through a careful consideration of the consequences
of alternative courses of action rather than simply carrying out their desire
for vindication in court.
Win or lose, each case is an opportunity for you to develop strengths like
creativity, love of learning, fairness, and social intelligence. As one commentator
has noted, "Authentic happiness comes from identifying and cultivating
your most fundamental strengths and using them every day in work, love, play
and parenting." [15]
Status-seeking
Keith J. was in his late 40s when he asked me to coach him. A successful partner
in his firm and a father who was about to launch his children into the world,
he'd been feeling more and more confused about his career direction.
His marriage was rocky, but he and his wife were trying to make it work. He
lived in a beautiful home and had just finished building a long-dreamed-of
beach house. He had accumulated enough assets to support a long and comfortable
retirement, although he worried that it might not be enough.
Lately, however, he just couldn't seem to generate any excitement about his
work. None of it seemed particularly important. Recently, his secretary had
pointed out that he'd worn the same suit to work for several days in a row,
and he wondered how he could have failed to notice that. Life felt empty and
hollow. He felt like he was going through the motions of living without really
participating in life.
In many ways, Keith was a typical client. As a group, lawyers tend to focus
more on external symbols of success than their own definitions of accomplishment.
Countless attorneys find themselves working for external rewards such as status,
wealth, and possessions.
There's nothing wrong with financial success. But when it is your primary
focus you are unlikely to be happy. Every experience we desire – be it
the thrill of success, the pleasure of new possessions, or the excitement of
passionate love – is transitory. We naturally adjust to whatever level
of wealth and status we achieve and then require more to experience satisfaction.
If we define success in these ways, we embark on a never-ending quest for happiness.
Authentic happiness comes from doing work that is intrinsically interesting,
challenging, and engaging. Work that enables you to realize your potential
is a true source of happiness. Try writing your own personal vision statement.
What legacy do you hope to leave? What work would you do even if you weren't
paid to do it?
Answering these questions is far more likely to help you balance your life
than continuing to run on the "hedonic treadmill." [16]
Will you get a lot of support from your colleagues and others in your profession
if you take this approach? Perhaps not. But not living up to other people's
goals and expectations never made anyone a failure. And remember, you should
never let anyone make you feel guilty or inadequate for not being a workaholic.
Workaholics are people with problems. Don't let them define success for you.
Pessimism
Law may be the only profession in which pessimism is rewarded.
And studies show that the rewards come early. Pessimistic law students perform
better than their optimistic peers in law school, both in terms of grades
and law journal success. [17]
Pessimists tend to view bad events as pervasive, permanent, and uncontrollable.
(It's going to last forever. It's going to undermine everything. It's all my
fault.") In contrast, the optimist views these events as temporary and
changeable. ("I can overcome this.")
In law, a prudent perspective is required to anticipate every potential disaster
in any transaction or litigation. A good lawyer is cautious and skeptical,
anticipating problems and reducing risks. It helps to be pessimistic. Unfortunately,
pessimism is a risk factor for feelings of helplessness, unhappiness, and depression – and
even early death.
To avoid having a pessimistic outlook control your life, change your mental
state each day as you move from your professional to your personal role – in
effect, leading what one author calls a "dual life." It may be hard
to imagine being less pessimistic and risk-averse in your personal life, but
my professional experience coaching people with this thinking style has demonstrated
to me that it can be done.
This is a highly useful practice for other reasons as well. We all occupy
multiple roles in our lives, each requiring different skills,
perspective, and behavior. To live life intentionally means to choose how to
live the moments of your life. Reminding yourself that you can be the kind
of human being that you want to be, that each moment of your life presents
you with another opportunity to choose, will increase your optimism.
I don't mean to make it sound easy. And becoming self-accepting and optimistic – living
a balanced, authentically happy life – is not some state of grace that
any of us can achieve. Trying to do that is simply another perfectionistic
effort.
Rather, one must practice achieving balance as one practices law. The process
is ongoing; when the moving parts of your life get out of alignment, you need
to make adjustments. From an optimistic perspective, you know that a lawyer's
life is bound to have its wins and lossess. The most meaningful and controllable
part is the time between them.
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Notes:
1. Juliet B. Shor, The Overspent American: Why We Want What We Don't Need
19-20 (1998)
2. See generally Amiran Elwork, Stress Management for Lawyers: How to Increase
Personal & Professional Satisfaction in the Law (1997); Deborah L. Rhode,
In the Interests of Justice – Reforming the Legal Profession (2000);
Patrick J. Schiltz, On Being a Happy, Healthy, and Ethical Member of an Unhappy,
Unhealthy, and Unethical Profession, 52 Vand. L. Rev. 869 (1999).
3. William W. Eaton et al., Occupations and the Prevalence of Major Depressive
Disorders, J. Occupational Med, 1079, 1083 (1990).
4. G. Andrew H. Benjamin et al., The Prevalence of Depression, Alcohol Abuse,
and Cocaine Abuse Among United States Lawyers,
13 Int'l. J L & Psychiatry 233 (1990); Amiron Elwork & G. Andrew H.
Benjamin, Lawyers in Distress, 23 J. Psychiatry & L. 201 (1995); Elwork,
supra note 2, at 16.
5. See generally Esther M. Sternberg, The Balance Within: The Science Connecting
Health and Emotions (2000).
6. See David G. Myers, Pursuit of Happiness: Who Is Happy – And Why (1992).
7. See Carol D. Ryff & Corey Lee M. Keyes, The Structure of Psychological
Well-Being Revisited, 69 J. Personality Soc. Psychol.
719 (1995).
8. The names of the author's clients and the details about their cases discussed
in this article have been changed to protect the clients' confidentiality.
9. See, e.g., Edward C. Chang, Perfectionism as a Predictor of Positive and
Negative Psychological Outcomes: Examining a Mediation Model in Younger and
Older Adults, 47 J. Counseling Psychol. 18-26 (2000); Gordon L. Flett & Paul
L. Hewitt, Perfectionism and Maladjustment: An Overview of Theoretical, Definitional
and Treatment Issues, in Perfectionism: Theory, Research, and Treatment 5 (Gordon
L. Flett & Paul L. Hewitt eds., 2002).
10. See, e.g., Anthony T. Kronman, The Lost Lawyer: Failing Ideals of the Legal
Profession (1993); Sol M. Linowitz, The Betrayed Profession: Lawyering at the
End of the Twentieth Century (1994); Benjamin Sells, The Soul of the Law (1994)
11. See Richard W. Moll, The Lure of the Law: Why People Become Lawyers and
What the Profession Does to Them 77 (1990).
12. See Martin E. P. Seligman et al., Why Lawyers Are Unhappy, 23 Cardozo L.
J. 33 (2001).
13. Lawrence K. Krieger, What We're Not Telling Law Students – and Lawyers – That
They Really Need to Know: Some Thoughts-in-Action Toward Revitalizing the Profession
from Its Roots, 13 J. L & Health 1, 19-20 (1998-1999).
14. See Mary Ann Glendon, A Nation Under Lawyers: How the Crisis in the Legal
Profession is Transforming American Society (1994); Susan Daicoff, Making Law
Therapeutic for Lawyers: Therapeutic Jurisprudence, Preventive Law, and the
Psychology of Lawyers, 5 Psychol,.Pub. Pol'y & L. 811 (1991); Jean Hellwege,
'Comprehensive Law' Makes the Case for a Kinder, Gentler Law Practice, Trial,
Apr. 2003, at 12.
15. Martin E. P. Seligman, Authentic Happiness: Using the New Positive Psychology
to Realize Your Potential for Lasting Fulfillment (2002).
16. David G. Myers, The Funds, Friends, and Faith of Happy People, 55 Am. Psychologist
56 (2002).
17. Jason M Satterfield, et al., Law School Performance Predicted by Explanatory
Style, 15 Behav. Sci. & L. 95, 100-01 (1997).
18. Walt Bachman, Law V. Life: What Lawyers Are Afraid to Say About the Legal
Profession 74 (1995.)