We are all grimly aware that in this moment in economic history
we ought to be glad to have a job, in law as well as many other
fields. Many of us who feel less than fully satisfied with our
positions are thus, realistically, hanging onto them.
Nevertheless, as we have learned repeatedly from our Lawyers
Concerned for Lawyers (LCL) and Law Office Management Assistance
Program (LOMAP) clienteles, a significant number of lawyers are
feeling so uncomfortably stuck in their current work situations
that they need support and strategies, not only for coping, but for
eventually extricating themselves.
We have come to refer to such work settings as "toxic." There
are a number of potential sources of this toxicity. Certainly, one
is the boss (for example, when you are a new lawyer working in a
seasoned attorney's small practice, or an associate answering to a
demanding partner), but the work environment can also be poisoned
by undermining coworkers or support staff, and even by extremely
difficult, taxing clients.
When you can't concentrate, suffer insomnia or face Monday
mornings with great anxiety and trepidation, these are clues that
something is not right, at least for you, in your professional
milieu.
Sometimes, one's symptoms in reaction to a situation can reach
clinical proportions -- self-tests such as those at the LCL
website, www.LCLMA.org, can help you self-assess. But often, even
when no clinical disorder has developed per se, the stuck
attorney is enduring too high a level of ongoing stress, which can
have a cumulative corrosive effect on health, relationships,
enjoyment of life and can shatter one's good feelings about
membership in the profession.
Many lawyers come to us complaining that they need to get out of
the field completely. Aside from the fact that starting over in a
new field usually means accepting a very serious reduction in
income or potential income -- in which case it helps to be single
with no kids, or married to a high earner -- the viability of
pursuing one's latent passion is often iffy. (While there may be
too many lawyers, it is even clearer that the world is not
clamoring, in a remunerative way, for more photographers or
guitarists.)
And most often, there is no need to take such drastic action,
when smaller changes might bring back some of the earlier sources
of fulfillment that were initially associated with the choice to
practice law.
Sometimes,the main source of toxicity is actually oneself; even
in the more common cases where the pressures are primarily
external, the way that you, as an individual, identify, define and
address the problem (or, on the other hand, deny it until it takes
a tremendous toll on your wellbeing and ability to function) makes
a big difference. You may or may not be able to bring about any
changes in the behavior of others, or the way that workplaces
operate, but your greatest potential impact will always be on your
own thinking and behavior.
A decades-old psychological concept which applies to many
aspects of life is known as "locus of control" (and a corollary
concept, "learned helplessness.") An individual who experiences
this situation as the result of largely or entirely external
factors, and as not susceptible to his or her own influence or
potential impact, will tend to feel disempowered and
depressed/helpless, leading to passivity -- in other words, he
or she perceives themselves as discouraged and stuck, with a sense
of nowhere to go.
This applies even to animals placed in punishing circumstances
over which they have no control. In the case of humans, however, we
have the power to change the way that we think about,
cope with andmanage our predicaments.
The new attorney working for an oppressive senior lawyer's
practice, for example, can assess whether there may, in fact, be
ways to influence the boss's behavior -- perhaps not as much
as would be desired, but enough to bring about some improvement. In
some cases, the boss may be potentially influenced by
assertiveness -- which is different from aggressiveness,
but gets the point across. In other instances, "managing up," which
may involve strategies involving less direct communication but
awareness of the boss's psychology and what motivates him, may be
more effective.
The young associate who feels like an indentured servant to the
demanding partner to whom he or she answers, pressured with
responsibility, criticized, but not guided, may need to work on
ways to regain his or her self-esteem, take better care of himself
or herself and perhaps find a supplementary mentor. The small-firm
lawyer who feels economically dependent on an abusive, unreasonable
client may need to question his assumptions and actively generate
alternative income options, while developing ways to set limits
with clients in a workable way.
The solo practice attorney who is gasping for oxygen, unable to
keep up with billing, paperwork, operating expenses and deadlines
may benefit from learning (and, more importantly, implementing)
better ways to organize and prioritize - and in this respect,
an acquaintance with the best software tools can be a significant
boon.
LCL, which has evolved over 33 years into a multifaceted lawyer
assistance program, and LOMAP, its "sibling" program, will often
collaboratively and synergistically (at generally at no cost) to
help any Massachusetts lawyer (or judge or law student) grapple
with these kinds of pressures. Without assistance/intervention,
individuals caught in toxic work situations and similar dilemmas
can find themselves burning out, losing enthusiasm for their
profession, saddled with physical or emotional stress symptoms or
even malfunctioning to the point of job loss or license
suspension.
For help with issues such as efficiency, productivity, best
practices and ways to reconfigure struggling practices. LOMAP's
advisors (themselves attorneys) offer an array of services. When it
comes to the human, psychological/behavioral aspect of these same
situations, LCL offers a staff of behavioral health clinicians (all
of whom on staff for well over a decade and familiar with
challenges faced by lawyers) to help clients identify the sources
of discontent and formulate plans for coping with and extricating
themselves from external and internal traps. While there are no
panaceas or magic wands, lawyers who feel trapped need not go it
alone.
Dr. Jeffrey Fortgang is a clinical psychologist and
certified addictions specialist on the staff of Lawyers Concerned
for Lawyers, the nonprofit lawyer assistance program serving all
lawyers, judges and law students in Massachusetts. He can be
reached at (617) 482-9600. More information about LCL and
the issues of life in law, as well as the option of submitting
anonymous questions, can be found at www.LCLMA.org.
Rodney S. Dowell, Esq., is the interim executive
director of Lawyers Concerned for Lawyers Inc., which provides free
and confidential assistance to attorneys, judges and their families
in relation to stress, depression, alcoholism, chemical
dependencies, and other emotional health issues, and advises
attorneys on law office management issues through
LOMAP.