Whoever Dies With The Most Stuff Wins
–David Mitchell
The other day someone asked me why so many lawyers work excessive hours on the road to mental and physical health issues, divorce, and addiction.
The answer is simple. It is greed.
A junior Associate at a law firm called me the other day to complain. There is nothing unusual about that. Associates complain a lot, often with good reason.
Her complaint this time was that she told H.R. that she needed to take a day off for a personal reason and was informed that she had only two choices. She could take the day as vacation or unpaid.
“Leadership is a two-way street, loyalty up and loyalty down.”
Grace Murray Hopper
I thought that it might be fun to test my skills as a writer, by writing about two things that have virtually nothing to do with each other. I considered writing about mosquitos and energy drinks, flags and ostriches, or trees and jet skis. But I wanted to find things that are irreconcilable, regardless of any possible context. After much thought, I hit upon “loyalty” and “law firms.”
According to the fictional Professor Kingsfield in the movie “The Paper Chase,” law students “come in … (to law school) … with a skull full of mush and … leave thinking like a lawyer.”
I have often wondered whether I would have been better off keeping my mushy mind so that I could think like a normal person, but that is a question for another day.
Although law schools teach students to understand and apply legal principles, there is plenty of stuff that they never mention, including the importance of having a rudimentary understanding of psychology.
“Culture eats strategy for breakfast.”
Peter Drucker
Back when I was a Managing Partner in a law firm, I did not think nearly enough about law firm culture. I really should have, but not only because it is the secret to business success. No, I should have thought more about firm culture because it is a crucial factor in whether or not lawyers are happy in their jobs, and as we all know, many of them are not very happy.
I am retired. I did not have a vote in the last Law Society of Ontario (“LSO”) election, at which party politics showed up for the first time.
Although I did not have a horse in the race, I did follow the nastiness from afar. Various candidates were not satisfied with debating ideas. They found it necessary to vilify their opponents.
Many new lawyers start their own practices soon after graduation or join firms that offer little mentoring or training. I attribute this to a number of factors, including the law firm model falling into disfavour over issues of work/life balance and mental health, and prejudice encountered by internationally trained lawyers.
One of the values that drove me for a good long time was the importance of working hard and generating many billable hours.
I have concluded that there are three reasons that many lawyers work long hours. Some do it to serve their clients well. Others do it because they are workaholics. And finally, there are those who work all of the time because they are ambitious and they want to earn a lot of money. What all of these lawyers have in common is that they all believe that working hard will make them happy. It does not seem to work for many of them.
Tali Green recently (sarcastically)asked the following question on LinkedIn: “Are lazy and sub-par juniors contributing to the mental health crisis in the legal profession?”
By the time that I figured out that I could no longer cope with the pressures of the legal profession and that something had to give, I had been practicing business law for thirty-three years. What can I say… I am a slow learner. It took me almost another seven years to get out. I escaped with my health intact, but just barely.