When I joined the staff of Lawyers Concerned for Lawyers well
over a decade ago, I shared some stereotyped, media-based
perceptions of lawyers, so often portrayed as wealthy, arrogant,
combative individuals who demand huge fees even to the point of
impoverishing their clients. I was nevertheless drawn to the
challenge of finding a way to connect with them, and mindful of the
contrary fact that many of my best friends dating to college were
now attorneys, and that most of the lawyers I had met while doing
inpatient psychiatric work had been caring, sensible and
respectful.
My years at LCL have cast the legal profession in a very
different light. In our lawyer assistance program, we see many
attorneys who struggle to stay on top of their bills, hate and
avoid conflict, and more than a few who are "too nice." These are
the attorneys who take on clients of limited means, and are so
sympathetic to their clients that they endanger their own
financial (or, on occasion, physical/emotional) wellbeing.
They are not inclined to ask for help until things reach a
breaking point. Some are on the brink of bankruptcy (or in the
process of declaring it); others have sunk into depression, in the
more severe cases so wrapped in a combination of worry and fear of
facing reality that they stop reading their mail or answering the
phone.
There is no shortage of attorneys who would like to be doing
"God's work" on behalf of the less powerful or advantaged. Over
time, however, the real need to pay the rent and the student loan
installments becomes a more pressing concern.
While a large law firm provides structure, and layers of
institutional insulation between attorney and client, the lawyer in
a solo or small practice (especially one with no administrative
staff running interference) develops a direct,
personal/professional relationship with clients, which can easily
lead to going above and beyond a manageable level of time and
effort. There's also a close-up awareness of the client's own
financial burden. In response, not infrequently the lawyer will
"throw in" many hours of service (of which the client may be
completely unaware), billing for only what he perceives the client
can afford.
While this compassion is laudable, sacrificing to the point of
ignoring one's own needs, in any line of work or any relationship,
endangers one's own survival. Attorneys who ignore the fact that
their own professional, financial or emotional ships are taking on
water find themselves going down with the ship. In the long run,
you'll offer less help to others if your own practice doesn't make
it.
So, how do you shift the balance toward taking good-enough care
of yourself, even while attempting to maintain your compassion and
sense of duty toward others?
The Financial Side
Even those of us who are "good with money" are not capable of
seeing our own financial pictures objectively. Are we taking
unwarranted risks? Are we unreasonably depriving ourselves? Are we
putting enough away for our future goals, or a rainy day? Should we
be seriously considering bankruptcy rather than struggling to pay
bills and running up credit card balances? At LCL, we have made
referrals to credit counseling services (though some seem to be
more trustworthy than others, and there are many times where their
solutions are simply unworkable) as well as financial planners. An
outside perspective can be very sobering, sometimes disappointing,
but there is relief in having faced the situation head-on. Many
lawyers would benefit from ongoing consultation,
monitoring income, expenses, and evolving financial goals.
The Practice Side
One must face the fact that good legal skills are not the same
as good business practices. Having someone else handle the business
and/or organizational component, (a partner with different talents,
an effective administrative staffer, etc.) can be very valuable -
the person, for example, who "says no" to resource-draining clients
and potential clients, or insists that the lawyer get paid for his
or her time. It's important to engage in periodic reviews of all
the business partner's decisions, since some may be less reliable
than they appear.
Practice consultants and administrative support staff cost
money, and if you are already in a lot of debt, that can be hard to
justify. There are also benefits, though certainly not identical to
those kinds of resources, in consulting with LCL (e.g., via our
Solo Practitioners Forum if applicable) or with the affiliated Law
Office Management Assistance Program (LOMAP), both of which still
provide their services at no fee.
The Psychological Side
Your personality and other psychological factors comprise part
of the reason that you may find yourself with an "unfavorable
balance of trade." Some lawyers I have encountered have too little
sense of entitlement to expect to be rewarded for their work, or to
decline tasks that would clearly be too taxing. Some are overly
prone to feelings of guilt, and easily sucked into the quicksand of
feeling responsible for a client in an awful situation. They may
feel that declining to assist someone in need is tantamount to
ignoring someone who is drowning. (Of course, if you are too worn
out to swim, the result will be two drowning victims.)
Some attorneys rely almost solely on doing for others as a
source of self-esteem, while others are too proud to admit that
their financial realities put them in no position to be magnanimous
with their professional time. Others recognize on some level that
they have gotten themselves into an untenable position but feel too
anxious or immobilized to face and deal with the situation.
If you have a big heart and a wish to help, those are admirable
qualities. If you can balance those with a healthy regard for your
own wellbeing and that of your practice, you will be in a much
better position to stay "in business," contributing your skills to
others' lives for years to come.
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.