by Erin F. Giglia and Laurie G. Rowen
According to a recent Law.com article, ALM’s study is out, and the mental health picture is not looking great for attorneys:
ALM’s Mental Health and Substance Abuse Survey found that 31.2% of the more than 3,800 respondents feel they are depressed, 64% feel they have anxiety, 10.1% feel they have an alcohol problem, and 2.8% feel they have a drug problem. . . . And nearly three-quarters of all respondents, 74%, said yes when asked “Do you think the profession has had a negative effect on your mental health over time?”
Lizzy McClellan, Lawyers Reveal True Depth of Mental Health Struggles, Law.com (Feb. 19, 2020), https://www.law.com/2020/02/19/lawyers-reveal-true-depth-of-the-mental-health-struggles/?slreturn=20200225192715. When asked what about their job negatively impacts their mental well-being, respondents identified a number of factors, most commonly: “The feeling of always being on call and unable to disconnect, billable hour pressures, lack of sleep, and client demands.”
And this was all before COVID-19. In addition to all of that, now we’ve been faced with working remotely, dealing with social isolation, possibly with kids at home, and no childcare. The economy and court closures have not exactly been helping. Our clients, and all of us, are facing unprecedented uncertainty.
We understand. You are an overwhelmed attorney, and you’re feeling stress and anxiety. Platitudes are unhelpful because you can’t get out from under your pile of work and life tasks long enough to implement a new business/life strategy. The advice sounds simple: work less, sleep more, eat right, and exercise. It is easier said than done. We all know that exercise, getting more sleep, and focusing on mindfulness and meditation can reduce anxiety, depression, and stress over time. But what changes can you make in your legal practice now to find more hours in the day, and a little bit of peace? If you are an overwhelmed attorney suffering from stress or anxiety, here are some concrete strategies that are easy to implement today.
1. Outsource non-legal tasks.
You’re probably heard this advice dozens of times, but if you haven’t outsourced any of your non-legal tasks, it is time to start right away. This concept is even more crucial during the coronavirus crisis, when our time may be divided unexpectedly.
For solo practitioners who are still doing everything by themselves, look into hiring an hourly virtual assistant, an hourly paralegal, or a bookkeeping company. Can you hire someone to monitor your online presence? Handle your scheduling? Ghostwrite articles and blog entries for you? If you don’t need a law degree to do it, consider hiring someone else to handle it for you. There are countless resources available for these tasks, but sometimes asking your attorney friends and colleagues can be an excellent first step.
If you are an associate at a law firm and don’t have control over outsourcing, first, try suggesting outsourcing to law firm leadership. Second, try to outsource to other departments in your firm. Ask your law partner if you can send your documents to your firm’s overnight word-processing department who will find typos, fix formatting issues, and give you a better place to start the next morning. These services exist for small firms as well, which can save dozens of hours annually, and can reduce frustration.
2. Hire an hourly lawyer.
Law tends to be feast or famine, and because of current economic uncertainty, hiring decisions may change. Businesses may be on hold, which causes them to freeze or reduce legal budgets. Many firms may choose to postpone plans to hire an associate or expand their teams, but our clients’ work will not wait for a new associate. Work must be done well and promptly in order to maintain important client relationships.
We’ve been in the freelance attorney business for over a decade, so we must admit bias here, but we would be remiss if we failed to mention one of the most helpful tools in a lawyer’s arsenal—an hourly freelance attorney. If you need intermittent help, or you’re not sure you’re ready to hire an associate, then an hourly freelance attorney might be a solution.
Kimberly Wright, a partner at Revolve Law Group explains, “I’ve successfully improved my practice by working with freelance attorneys. Now that I’ve been working remotely and have pressing client needs, I’ve been able to delegate tasks to seasoned attorneys, which has allowed my firm to assist more clients without losing quality in service, attention to detail, or work product.”
The freelance attorney market has exploded over the last decade. Thousands of incredibly busy lawyers work with freelance lawyers every day. Freelance attorneys handle small and large projects for other lawyers, and can take the edge off busy periods. Some lawyers hire freelance attorneys to review and revise commercial agreements, or draft motions, or any other imaginable legal task. When the need disappears, so does the freelance attorney. The net result is that the task gets done, the client’s needs are met, and the hiring firm has more time and less stress. “Working with freelance attorneys has changed my practice and my life significantly. My clients are getting excellent service, I’ve reduced my to-do list, and everything runs more smoothly,” says Amanda Paracuellos, a partner at Sugg & Paracuellos, LLP, a boutique corporate/transactional firm.
3. Use the right technology.
Some technology can be confusing, or even worse, it can waste your time. The last thing you need while you are trying to handle a law practice virtually is to waste your time trying to figure out complicated or ineffective technology.
There have been many recent advances in legal technology, so if you previously had a mental block against tech apps, it’s time to open your mind. Webinars, Zoom, and other online meeting platforms for video conferencing have exploded during the COVID-19 “stay-in-place” orders. If you don’t yet have a Zoom account, sign up today so you can connect with your client “face to face” rather than just on the phone. Instead of going back and forth over email to schedule a meeting, use Doodle Poll. Do you have to set up ten calls in the next week? Use Time Trade, or something similar. Do you use the same documents repeatedly, and know there is a better way? Use Documate, which is a new document automation software that states it can cut 90% of your drafting time. Simply learning to utilize the e-signature feature in Adobe saves countless hours printing and scanning, not to mention the environmental impact. There is also technology especially for teams, so that they may benefit from the ability to share documents and task-lists.
“I’m always on the lookout for technology to improve my practice. I’ve systematized several key areas, dramatically helping me spend less time working on non-revenue generating activities,” says Dan Nguyen, Esq., founder of www.CaneiLaw.com.
Remember, simple and easy is almost always best. Don’t over-complicate things. Sometimes it’s easier to pick up the phone, or email someone a basic document. There’s nothing wrong with old school ways if they minimize stress.
4. Question whether in-person networking is really necessary.
If the coronavirus pandemic has taught us anything, it is that we can accomplish an extraordinary number of things online, including networking. Once we are back to “business as usual,” you can probably never give up live networking entirely. Lawyers need to continue to develop business even during busy times, and live networking is important when it is possible. But you should network differently when you are overwhelmed (or quarantined, for that matter). Attending long meetings, lunches, and evening events hoping to meet potential clients and referrals can be an effective strategy—but only when you have time. Instead, while you are working from home, take ten minutes and network from your desk.
Allow us to explain. Set a timer for fifteen minutes, and use email and social media to network at your computer. Email five good business contacts that you haven’t spoken to recently, and see if they are free for coffee or an online meeting. Go to Linkedin and peruse the articles your clients are posting, and send them a quick note to make sure you are fresh in their minds. If you wrote an article recently and wonder if anyone even read it, post your article in a few places on social media (LinkedIn, Twitter, etc.), email it to your contacts, or—better yet—repurpose your article. Summarize it, shorten it, turn it into five short articles, and then post it on your law firm’s blog or as an article on LinkedIn to gain more traction.
Fifteen minutes daily on productive, professional, social media networking will keep you top of mind to clients and potential clients. When you free up a bit, and the coronavirus pandemic has subsided, then get back out there and never eat alone.
5. Figure out what you can stop doing today.
2020 has been a year of unanticipated complications. We’ve already stopped many activities due to the fact we’ve been required to be isolate. We’ve all started using Zoom and Skype instead of traveling for work, and it has mostly worked out fine. What else can you stop doing to maximize time?
The book Essentialism: The Disciplined Pursuit of Less by Greg McKeown reminds us that “You cannot overestimate the unimportance of practically everything,” and states, “Sometimes what you don’t do is just as important as what you do.” What actions can you cut today that will provide you with more time, thereby reducing your stress, and ultimately will not be missed? This answer will be different for everyone. Do you really need to review your senior paralegal’s form interrogatories? Do you need to send a lengthy letter to opposing counsel to support your request to move the date of a deposition, or will a quick email suffice? Is that speaking engagement/committee meeting/networking webinar really essential? Is it essential in the grand scheme of your health? We say tend to say “Yes” too much. Consider saying, “No, thank you” until your schedule clears.
There are hundreds of things you can stop doing today when you are feeling overwhelmed. Hint: Just say no. If you have a hard time saying no to people, try this:
“Now more than ever, every few weeks or so I assess those things that are taking up my time. I think about whether each thing is something I truly enjoy and look forward to doing, or whether it involves tasks that I’m not excited about,” says Colleen McCarthy, an employment law partner at Ferruzzo and Ferruzzo. “When my plate is too full, I stop making commitments to those groups or tasks that aren’t as enjoyable. Paying attention to how I feel when I spend time on something seems to minimize overall stress and I look forward to having more time to spend on tasks that I enjoy. Those things that you cut out will almost surely be there later if you change your mind when you have more time.”
Feeling overwhelmed and anxious is a common problem for busy attorneys. We are doing important work for our clients, and they deserve our attention. But make sure your own oxygen mask is on before helping others. Learn to say “no, thank you,” to any non-essential task, utilize technology to create efficiency, and get help from some of the many resources available. The top of your daily To-Do list should be “Create Self Care Plan.” Now is the time to do it!
Erin F. Giglia and Laurie G. Rowen are founders and co-owners of Montage Legal Group, LLC. They can be reached at erin@montagelegal.com and laurie@montagelegal.com, respectively.