Attorney Wellness

In my opinion, it’s the profession’s well-being that should be non-negotiable.

Michael Leave a comment

NOTE: Updated April 6 to include ABA Journal link

Hello!

It’s been a while.  For too long, any attempt to draft a new post has resulted in nothing but a blank space.  So that there’s no bad blood, rest assured, it’s not you. Rather, lacking any motivation to blog, I’m the problem, it’s me.  Today, however, a story that’s related to professional responsibility has helped me to shake it off.  By now, readers who know me all too well likely have guessed the story’s topic.

That’s right: wellness.

Over the past few days, a slide from a presentation done for newer associates by an associate at a global law firm has gone viral. Among others, Law.Com, Legal Cheek, and the ABA Journal have coverage.  Here’s the slide:

As the ABA Journal reported, the firm released a statement to Law.Com indicating that “the views expressed do not reflect the views of the firm or its partners.” Nevertheless, here’s another excerpt from the ABA Journal’s post:

“Tom Sharbaugh, a former Morgan, Lewis & Bockius managing partner who’s now a professor of practice at the Pennsylvania State University’s law school, told Law.com that he thinks that messaging similar to the associate’s advice may be prevalent at many elite firms.“

“I think you’re expected to just be always available, regardless of what they say about work-life balance and wellness and all that stuff,” Sharbaugh said. “At the end of the day, you’re married to the firm.”

So far, not exactly a love story.

Reaction to the story, however, served to remind me of the good and important work that so many have done to assist law firms and legal employers to make the workplace healthier.

A few weeks ago I posted We’ve Only Just Begun To Begin.  In brief, the post argues that it’s not enough to provide assistance and resources to legal professionals in need.  In addition, we must also work to reduce the root causes of stress, anxiety, and burnout.  That is, and as Patrick Krill noted in When Our Stress Becomes Dangerous, we must “the more stubborn forces of inertia, maladaptive attitudes, entrenched business models and extrinsic motivations.” With today’s viral slide in mind, perhaps the most entrenched and stubborn of those root causes are unreasonable workloads and unreasonable work expectations.

My wellness presentations also include a slide that contains the numbers 24/7/365.  The slide follows one in which I ask this question:

“What three numbers do not appear in Rules 1.3 or 1.4 of the Vermont Rules of Professional Conduct?”

When I show the “answer” slide, I acknowledge that, yes, there will be situations that arise outside “regular” work hours that require lawyers to provide clients with immediate assistance or attention.  However, I add that the duties of diligence and communication are modified by the word “reasonable.” Further, I remind legal professionals that making time for things other than work and clients is an aspect of wellness, with wellness, in turn, an aspect competence.

More succinctly, here’s a comment that’s in the ABA Well-Being Toolkit for Lawyers and Legal Employers:

“We are happiest and healthiest when we adopt healthy work habits and lifestyle choices. Importantly, though, we won’t be successful on our own. Well-being is a team sport.”

I can sense your thoughts: “Mike, what can I do to encourage my team to adopt healthy work habits and lifestyle choices?” I’m glad you asked! 

In addition to the ABA Well-Being Toolkit, I recommend the condensed version: the ABA Well-Being Toolkit for Lawyers and Legal Employers in a Nutshell: 80 tips for Thriving.  Also, I’m a big fan of the  recommendations made by the Legal Employers Committee in the 2018 State Action Plan issued by the Vermont Commission on the Well-Being of the Legal  Profession.[1]

I don’t expect to learn that a Vermont firm or legal employer has adopted expectations that mirror those in today’s viral slide.  Still, that doesn’t mean there isn’t room for improvement.  Check out the resources.  Find one change that makes sense for you and your colleagues. When it comes to the profession’s health and well-being, every small improvement matters.

And, in my opinion, improving our health and well-being is what should be non-negotiable.

As always, let’s be careful out there.

[1] In particular, today’s viral slide reminded me of prior posts in which I’ve referenced the Legal Employers Committee’s recommendations and shared on work/life boundaries, billable hours, making wellness an expectation of the attorney-client relationship, and the importance of valuing employees as people.

Previous Wellness & Well-Being Posts

Wellness Wednesday: We’ve only just begun to begin.

Michael 3 Comments

Note: this post references suicide and suicidal ideation. If you or someone you know is having suicidal thoughts, contact one of the numbers at the Vermont Suicide Helpline.  It’s okay to ask for help and help is available.

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I posted Lawyers Helping Lawyers on March 3, 2016.  My first ever post to address lawyer wellness & well-being, it introduced readers to the now well-known Hazelden Study that revealed “substantial and widespread levels of problem drinking and other behavioral health problems in the U.S. legal profession.”

Since then, Vermont’s legal community has done an admirable job promoting a healthier profession. Our work has been both big & small, running the gamut from the 2018 State Action Plan issued by the Vermont Commission on the Well-Being of the Legal Profession to the fact that we now (gasp!!) openly discuss wellness.

As well as we’ve done, we’ve only just begun.

If this sounds familiar, maybe it is.  In 2019, I posted Attorney Wellness: We’ve Only Just Begun. In it, I wrote:

“Last November, Above The Law posted Burnout, Flame Out, Or Timeout?  The post was spurred by the fact that a lawyer named Paul Rawlinson had “taken a leave of absence to recover from the sheer exhaustion of running the second-largest law firm in the world.” In the post, author James Goodnow pitched an argument I’ve often made, albeit in a way much more eloquently than I.  He wrote:

  • “If the classic answer to the increasing demands of the legal marketplace has been to get tougher, let me once again advocate for a new approach: getting ‘realer.’ We need to let go of the outdated concept of the inhuman, never-tired, always-working hero attorney and replace it with the vision of actual human beings, because that’s what we all are. We’re people, with physical and mental limitations, lives and families outside of work, and interests beyond briefing, drafting, and billing hours. We need to take better care of one another, at all levels, and take better care of ourselves.”

Flash forward to very sad news.  Paul Rawlinson, the attorney who took the leave of absence?  He died last Friday.  Above The Law reported on his passing.

Rawlinson’s death crystallized a thought that’s been nagging me since the State Action Plan issued: we’ve only just begun.

Have we raised awareness? Yes, we have, and it’s a damned good thing that we have.

But it’s not enough.”

Later in the same post, I cited to two sections that appear in the ABA’s Well-Being Toolkit for Lawyers and Legal Employers. 

The first:

“We are happiest and healthiest when we adopt healthy work habits and lifestyle choices. Importantly, though, we won’t be successful on our own. Well-being is a team sport.”

The second:

“This means that, if we truly desire to improve wellbeing, we can’t focus only on individual strategies like making lawyers more resilient to stress; it is equally important (if not more so) to focus on systemically improving our professional cultures to prevent problems from developing to begin with. We are interdependent in that our organizational and institutional cultures—to which we all contribute and which, in turn, shape us all—have a huge impact on our individual well-being. When our cultures support our well-being, we are better able to make good choices that allow us to thrive and be our best for our clients, colleagues, and organizations.”

Whew!

This has been a long-winded way of getting to today’s point: we’ve only begun to begin. We must continue to work to make the profession healthier. 

Last month, MDPI published Stress, Lonely, and Overcommitted: Predictors of Lawyer Suicide Risk.  The report details a study into the predictors of lawyer suicide risk.  Numerous outlets reported on the study, including Psychology Today, Reuters, Above The Law, and The ABA Journal. Here’s an excerpt from Psychology Today’s coverage:

“Until now, very little has been studied about the specific predictors of lawyer suicide risk. New research suggests that high levels of perceived stress, high levels of work overcommitment, loneliness, and being male are all significantly associated with an increased risk of suicidal ideation among lawyers. Specifically, the risk of suicidal ideation was:

  • 2.2x higher among lawyers with high work overcommitment;
  • 1.6x higher among lawyers with an intermediate level of work overcommitment;
  • 2.8x more likely for lawyers who screened as lonely compared to those who did not screen as lonely;
  • 1.8x more likely for lawyers with a history of at least one mental illness diagnosis;
  • 22x more likely for those lawyers with high perceived stress;
  • 5.5x more likely for those with intermediate perceived stress.”

Patrick Krill is one of the study’s authors.  Following its release, The American Lawyer published Patrick’s commentary When Our Stress Becomes Dangerous.  I recommend reading it.  When I first read it, I was struck by this paragraph:

  • “To be fair and optimistic, it is important to note that meaningful efforts to improve mental health have been underway and gaining momentum in the legal profession for the last several years, and many dedicated individuals are doing excellent work. As someone whose earlier research and advocacy helped ignite the current push for improved wellbeing in the legal profession, I have sincere gratitude for the progress we’ve made. But I also know the goal line remains elusively far away, and often obscured by the more stubborn forces of inertia, maladaptive attitudes, entrenched business models and extrinsic motivations.”

This is the point that I was trying to make in 2019’s We’ve Only Just Begun.  I feel now like I did then. 

Earlier today I sent Patrick a message. Referring to the recent study, I asked:

  • “Would this be a fair takeaway? That, as good as it is that we are providing more resources (and understanding) to legal professionals who seek help for behavioral health issues, it’s as important that we start to address the root causes. For instance, unreasonable workload expectations.”

Patrick’s response included:

  • “Yes, that is absolutely a fair takeaway from the most recent study. It is important to take a dual approach of providing resources and addressing root causes. To date, the profession has really only been doing half of what is needed by providing resources.”

Here in Vermont, there’s good news: we have a map to help navigate the beginning of our journey down the second half of what’s needed.  That map is part of the 2018 Action Plan.  Specifically, it’s the report from the Commission’s Legal Employers Committee. 

Whether here or at seminars, I’ve often stated my appreciation for the Legal Employers Committee report.

In this post, I noted the positive response to the Committee’s recommendation that employers:

  • “Consider a policy that employees should not—apart from emergencies—check their work email during non-working hours. Moreover, employers should allow all legal professionals to set reasonable boundaries on responding to emails, for example, letting clients know that barring an emergency, they may not get an email response immediately, but the employee will respond within a certain period of time.”

In another post, I noted my support for this suggestion:

  • “In firms that impose billable hour quotas on attorneys, assess whether and how that quota system may be contributing to unproductive competition, excessive stress, and unhealthy work habits. In large firms, an anonymous survey may be the best way to assess this issue. In smaller firms, it can be done through simple observation. If a quota system appears to be encouraging unhealthy behavior and excessive stress, modify it, eliminate it, or consider alternatives.”

Most recently, I referenced the Legal Employers Committee in this post about a California study that found that lawyers who perceive their employers to value them for their human worth reported feeling healthier than lawyers who perceive their employers to value them as revenue-producers, if at all. I connected the study to the Legal Employers Committee’s conclusion that:

  • “Legal employers, meaning all entities that employ lawyers, paralegals and legal assistants, can play a pivotal role in promoting and maintaining lawyer well-being.”

Okay. Pause.

I feel like I’ve gone on far too long and have lost my point.  My point is this: we’ve only begun to begin.

Yes, helping those in need is great. And it’s great that we’ve started to destigmatize help-seeking behavior. And it’s great that we’ve started to decouple assistance from discipline.  And it’s great that we now provide resources and referrals to those in need.

But why wait until they’re in need? Let’s do more to keep the need from arising.  Let’s address unreasonable workloads and work expectations, inflexible scheduling, extreme incivility, and other “maladaptive attitudes and entrenched business models” that are harming members of the profession. 

And it’s got to be more than blog posts, social media posts, and CLE presentations. It requires action in your offices.  Action that is as easily begun as perusing either the Legal Employers Committee’s section of the 2018 State Action Plan, the ABA Well-Being Toolkit for Lawyers and Legal Employers, or the ABA Well-Being Toolkit Nutshell: 80 Tips For Lawyer Thriving.

There’s no better or more important time to begin than now.

Note: Patrick Krill is the speaker in one of the virtual CLE options that’s part of the VBA’s upcoming Mid-Year Meeting. Go here for more information on the meeting and Patrick’s seminar “Mental Health and Well-Being as a Strategic Priority for a Sustainable Profession.”

Previous Wellness & Well-Being Posts

Wellness Wednesday: Don’t Stresslax

Michael 4 Comments

It’s Wednesday, which means it’s time to discuss wellness.  Today’s topic: tips on recognizing and responding to anxiety.

I’ll cut straight to the chase: I recommend The Legal Burnout Solution: How to Identify and Manage Attorney Anxiety.  It’s by Cynthia Sharp and Rebecca Howlett and appears in the latest report from the ABA’s Solo, Small Firm and General Practice Division.

I’ve mentioned Cynthia before.  I first encountered her through her work with The Sharper Lawyer. Later, I heard nothing but rave reviews for a presentation Cynthia did for the Bennington County Bar Association. Finally, I was honored that Cynthia referenced me in a post she did for the ABA Journal on how best to respond to negative online reviews.

A few years ago, Cynthia and Becky Howlett started The Legal Burnout Solution.  They’re doing good and important work.  Their piece in the GPSolo report shares great strategies on identifying and managing stress.  While I urge people to read the entire article, I’m going to highlight a paragraph that resonated with me.

I’ve often used this space to remind legal professionals to make time for interests outside the law. When Jennifer Emens-Butler was with the Vermont Bar Association, she did the same via her Pursuits of Happiness column in the VBA Journal. Well, now we can add Cynthia and Becky to the chorus — and we can introduce a new word to our lexicon!  Here’s one of their tips to manage anxiety:

  • “Have fun! On average, children laugh 300 times a day, whereas an adult generally laughs only 17 times per day. Often as attorneys, we over-prioritize our work and under-prioritize play, even to the point of ‘stresslaxing’ where we worry about what we ‘should be’ doing when we are trying to have fun. Consciously set aside time to do activities that bring you fulfillment and joy and make you laugh! Channel your inner child and do the things that brought you joy when you were younger—have a water balloon fight, go to an amusement park, play in the mud. Whatever the activity may be, give yourself permission to relax and play and just be in the moment. Laughter is medicine!”

They are so right! And I LOVE the term “stresslaxing.”

I’m terrible at practicing what I preach.  At countless CLEs and in numerous blog posts, I’ve urged legal professionals to consider not just time away from work, but time that they’re fully away from work.  For example, setting and honoring boundaries, or, making sure that vacation includes a vacation from devices.  Alas, not only do I rarely take time off, when I do, I reflexively, or perhaps compulsively, respond to work matters that, in a vacuum, I know can wait until I’m back. 

Why?  Because I constantly worry that I should be available and responding.  That’s stresslaxing. It’s not good and I know I’m not alone.

Instead, all of us should heed Cynthia and Becky’s advice:

Don’t stresslax! 

When making time for something outside the law, fully commit to enjoying it!  It is perfectly okay to do so and it is exactly what you are supposed to be doing when you’re there. Also, for you supervisors, strive to ensure that your employees know that it’s not only okay to be fully away, it’s healthy and it’s expected.

Previous Wellness Wednesday Posts

Connect & Contribute

Michael 2 Comments

It’s Well-Being Week in Law. Today’s theme is social well-being.  The focus is on connecting with others within our communities. Doing so fosters a sense of belonging and provides us with a reliable support network, critical components of social well-being.

Many of us are part of communities both in our work and personal lives.  Examples include practice areas and interests that we have outside the law. There are many ways to contribute to those communities.  As this activity guide makes clear, it can be as easy as expressing gratitude or doing something nice for someone.

I’ve been encouraging members of the Vermont legal community to do ONE thing to participate in Well-Being Week in Law. Imagine the result if a lot of us chose a random act of kindness? Or to thank someone?

I’ll start.

Judge Colleen Brown: thank you for all you did for the Vermont bar during your tenure as United States Bankruptcy Judge. I’m especially grateful for your support for wellness related initiatives within the profession.  Happy retirement!

Karen Allen, fellow member of both the legal and running communities: thank you for letting me know about the random acts of kindness you recently decided to make part of your daily runs!

Sarah Katz: thank you for suggesting that we honor Well-Being Week in Law by going for a run from the office yesterday morning.  It was great!

IMG_3075

Finally, mom.  Thank you for the wave as I was filming today’s video from my deck.  And thank you for the mint plant that is on the deck.  I forgot to include it in today’s video but look forward to enjoying a few of its crushed leaves during the Kentucky Derby!

IMG_6829

For anyone interested in 8 more minutes of social well-being, in today’s video, I eulogize my external camera, steal an idea from one of my basketball players, share one of my favorite things about United States Bankruptcy Judge Colleen Brown, and urge us to reach out to the members of our community who no longer feel connected.

I Made Bread

Michael 3 Comments

Happy Hump Day!  I have big news to report.

First, my sense is that many in the Vermont legal community are participating in Well-Being Week in Law.  And now I have proof!  Congratulations to the folks at Dunkiel Saunders!  Yesterday, Melinda Siel let me know that, over lunch, the firm had a lively game of Viking Chess on the lawn and that they’re doing something related to wellness each day this week.  This makes Dunkiel Saunders the first Vermont firm or office to reach out to me to confirm participation!  True to my word, I’m here to launch them to internet fame! If you or your office/firm is participating, let me know.  I’ll post the entire list on Saturday.

And that’s not the only big news!

I am here to report that, yesterday, I made bread.  The official video chronicling the endeavor is here:

Now, I know what you’re asking yourself.  “Self, why is it big news that Mike made bread?”  Fear not my friends! I have the answer.

Today’s theme is Intellectual Well-Being.  Continuing to grow intellectually is an important component of our overall well-being. We should strive to grow both at work and in our personal lives.

For instance, at work, you might resolve to wade into a new area of law. Or, take a pro bono case in an area that you don’t typically practice. Remember, even if the area is new to you, the person you’ll help is far better off with your assistance than they would be if left to their own devices.

Similarly, in your personal life, stagnation doesn’t do much for well-being. We need new interests and challenges.  To that end, on this day during last year’s Well-Being Week in Law, I resolved to learn how to make bread.  It took me 364 days to get around to it, but I did it!  Many thanks to the First Brother for his assistance, and to Nicole Killoran and Heather Devine for supporting this project from the start and checking-in, both periodically and gently, on my, umm, “progress.”

That’s the news for today. If you’re interested participating in Well-Being Week in Law, here’s an activity guide.  Or, like Dunkiel Saunders and me, find your own thing.  After all, and as we know, well-being is personal.

As always, be well and may the 4th be with you.

Consider participating in Well-Being Week in Law. Nothing is too small . . . and there are prizes!

Michael 2 Comments

Next week is Well-Being Week in Law. Conceived and promoted by the Institute for Well-Being in Law (IWIL), the event’s goals are “to raise awareness about mental health and to encourage action and innovation across the profession to improve well-being.”

I encourage you, your co-workers, and your colleagues to participate, even if only by doing something that might seem “small” or “inconsequential.”  Indeed, as we know too well, when it comes to improving the profession’s well-being, there is no step too small to help. For example, sending a “thank you” note. Surely, someone at your office has time (and reason) to express gratitude at some point next week!

Of course, Well-Being Week in Law features many additional activities and opportunities to promote well-being. Legal professionals can participate as individuals, with a friend/colleague/co-worker, or as an entire office/firm. There’s something for everyone!

And speaking of everyone, you lawyers, don’t forget to include your non-lawyer staff. They are much a part of the profession as lawyers!

Each day focuses on a different aspect of wellness:

Each Day

IWIL’s participation guide includes dozens of suggestions for each day, breaking the suggestions into things to read, things to watch or listen to, and things to do.  For instance, on Monday, legal professionals might

Or, for the legal professional who has an Apple Watch, Vermont lawyer Tammy Heffernan has offered to host a month-long challenge associated with well-being. Tammy set it up so that there are both team and individual challenges. Instructions on how to sign-up are at the end of this letter.

There are other ways to participate in Well-Being Week.

The event coincides with May being Mental Health Awareness Month. So, next week, you and your co-workers might consider the daily challenges in the 31-Day Mental Health Challenge.

In addition, I plan to host virtual discussions on Tuesday, Wednesday, Thursday, and Friday. The discussions will begin at noon and focus on the day’s theme. All are welcome. Each morning, I’ll post a link to join that day’s discussion on my blog. The videos I recorded last year provide a flavor of the discussions.

Again, the participation guide is chock full of ideas.

Finally, well-being is not “one size fits all.’  It’s personal. As the participation guide states:

Pick & Choose to Fit Your Needs

WWIL is designed so that people and organizations can participate in any way that fits their goals and capacities. If you want to participate in multiple things every day, that’s great. But also feel free to select only a few things over the entire week that match your priorities.

As I mentioned, there’s something for everyone. I encourage you to find what works for you and to encourage your colleague and co-workers to do the same.

Oh! One last thing. With participation comes reward(s)!

IWIL is offering legal professionals a chance to win prizes by completing the 2022 Well-Being Week in Law Participation Survey.  Or, you can show your commitment to well-being by participating in the Social Media Challenge.  Finally, I will use my blog and Twitter account to mention any member of Vermont’s legal community who lets me know that they, their co-workers, or their office/firm participated, even if just barely, in Well-Being Week.

Thank you for considering ways that you and your co-workers might participate in 2022 Well-Being Week in Law.

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P.S. – thank you Tammy!

APPLE WATCH TEAM CHALLENGE

”VT Attorney Well Being Team Challenge ”

First, download Challenges: https://challengesapp.app.link/download

Once you have the app, enter invite code: ‘cheu’ or tap on the link below to join:

https://sync.challenges.app/invite?eligibilitycode=cheu

APPLE WATCH INDIVIDUAL CHALLENGE

“VT Attorney Individual Challenge”

First, download Challenges: https://challengesapp.app.link/download

Once you have the app, enter invite code: ‘kfdk’ or tap on the link below to join:

https://sync.challenges.app/invite?eligibilitycode=kfdk

Related Resources

Previous Wellness Wednesday Posts

 

Wellness Wednesday: Aiming for Well-Being

Michael 5 Comments

Whether blogging or presenting on wellness, I’ve frequently mentioned Jeena Cho.  I’m a big fan of Jeena’s thoughts and work on the well-being of the legal profession.

In 2017, the ABA Journal ran Jeena’s post Talking about the elephant in the room – social anxiety.  The closing sentence has always resonated with me.  It strikes me as perfectly capturing the idea that well-being is an aspect of competence.  Jeena wrote:

 “Finally, remember: ‘Secure your own oxygen mask before assisting others.’”

 Of course, therein lies the challenge, right? How do we help ourselves?  More specifically, how do we align and balance our personal lives & values with our work lives & values?  It’s a question I addressed in this video during 2020’s Well-Being Week in Law, and again here during the same week last year.  Jeena has addressed the question too.

Last summer, the ABA Journal posted Jeena’s piece Are you living your values?  Use the ‘Bull’s Eye” exercise to check these 4 areas of your life.  Check it out.  The exercise Jeena shares a great tool to help to clarify values and to enhance well-being. And, as you read it, take note of the final paragraph.

When discussing wellness and well-being with legal professionals, it’s common for someone to tell me something like “I stink at this.”

Not true.

As Jeena writes:

  • “My advice is to practice being gentle with yourself. Most of us are overtaxed, juggling more than what can possibly be accomplished in a day, and working under intense pressure. It’s also possible that you may consciously choose to focus more of your time and energy in one domain. This exercise is a tool to increase your awareness so that you can actively pay attention to the areas of your life that are in balance as well as areas that have been neglected. If there are areas that you would like to prioritize, start by setting some achievable goals. This isn’t a test to see how successful you are at life but rather a tool you can use on a regular basis to pause, to reassess and make course adjustments as you go. Ultimately, it’s a tool for increasing self-awareness and learning to be a better person.”

Great advice!  Thank you, Jeena.

Wellness

Previous Wellness Wednesday Posts

On Wellness Wednesday, a lesson from my dad, Nandi and the Foo Fighters: find and experience awe.

Michael 5 Comments

One of the things I love the most about my dad is that he constantly finds awe. Meaning, he regularly remarks upon the people and things that amaze him.  Usually, I’ve not noticed these people and things, too busy going about my day with a laser-like focus on the unimportant.  When he prompts me, I’m not always as amazed as my dad.[1]  But I’m constantly in awe of his ability to observe the world with a child-like sense of wonder.  A wonder made readily apparent by the look in his eyes and tone of his voice.  It’s awesome!

Turns out, my dad is onto something.  “Awe” is healthy.

Tracy Kepler is a colleague who is as knowledgeable as anyone in the country on issues related to professional responsibility.  Tracy recently commented on a LinkedIn post that had shared this Washington Post article: Awe might be our most undervalued emotion. Here’s how to help children find it.  The article outlines the benefits of awe and shares tips on how to find and experience more of it. 

And it’s not just children who should be searching for awe. It’s all of us. Indeed, the article includes several comments from a psychologist who has “spent years studying the beneficial effects of awe on our physical, mental and emotional well-being.” 

The article makes clear that we find awe in different places. For some it’s in nature, for others in architecture & engineering, while others might experience it via human performance in sports and the arts. Per the article, noticing and allowing ourselves to experience awe is important to our well-being. In other words, while I might chuckle at some of the things that amaze my dad, it’s likely healthier to be more like my dad than to live a life unaware of the awesome that is all around me.

So, on Wellness Wednesday, remember that finding and experiencing awe can improve your well-being.

Again, to each their own awe.  But, to practice what I preach, I’ll share some awe that I experienced earlier this week as I wound down from a late practice by watching music videos.

This is Nandi Bushell:

Nandi

Nandi is 11.  Her wiki page is here. Please read it.  To summarize, Nandi is an incredibly talented drummer. Or, as Dave Grohl has said, Nandi is “the most badass drummer in the world.”  And if anyone would know, it’s Dave Grohl.

Grohl

For those who don’t know, Grohl was the drummer in Nirvana, one of America’s most iconic bands.  He went on to found, and continues to lead, the Foo Fighters, one of my favorite bands and one that is among the most popular and successful in U.S. history.  Keeping with today’s theme, I’m awed by Grohl’s talents and career.

Now, back to Nandi.

In 2019, Nandi posted a video of her version of Nirvana’s In Bloom. Grohl was among those who noticed.  Over the next year or so, Nandi and Grohl engaged in a virtual “drum off.”  Nandi won, with Grohl agreeing to let her play with the Foo Fighters on-stage during a concert. In August 2021, Nandi did exactly that. In front of more than 20,000 fans, Nandi sat in on drums as the Foo Fighters closed out a show with Everlong.  

Nandi crushed it.  It’s the most awesome thing I’ve seen in a long, long time.

There are several videos of Nandi’s performance online.  My favorite is here.  From a music perspective, there are others of better sound quality.  The reason it’s my favorite, however, has nothing to do with listening to the song.  It’s my favorite because it has the best view of Grohl and Nandi.  And no matter how many times I watch, I’m awed by each. 

For one, Nandi’s performance is incredible. For another, I’m awed by the awe that Grohl and Nandi find and experience in each other and in the moment.  Their awe, joy, love and respect are evident throughout, especially in Grohl’s introduction of Nandi and the look in Nandi’s eyes and on her face as she plays.     

To borrow a Foo Fighter lyric, it’s times like these we’d all do well to try to be like my dad, Nandi, and Dave Grohl.  Let yourself find and experience awe.

Foo-Fighters-Nandi

[1] I’m sure it’s tasty, but I don’t think you needed to make a special stop to show Patrick the salad bar you found.  It’s in a Wendy’s.

Previous Wellness Wednesday Posts

Ask the Question

Wellness Wednesday: Set communication boundaries with clients & opposing counsel

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Wellness Wednesday:  It’s okay to ask for help.  Bar Assistance will listen and support you

Wellness Wednesday: Set communication boundaries with clients and opposing counsel

Wellness Wednesday: Compassion Fatigue

Wellness Wednesday: A message from Justice Eaton

Jessica Burke: “Well People Do”

Wellness Wednesday: Schitt$ Creek and Paddles

Wellness Wednesday: Be Kind to Lawyers

Civility Matters. Especially Now.

Coping with COVID-19 Related Stress & Anxiety

Wellness Wednesday: Unplug

Well-Being is an Aspect of Competence

Wellness Wednesday: Survival Skills

Wellness Wednesday: Make time for what (and who) matters

Wellness Wednesday: Risk & Response (this one is about the report I mentioned from the Virginia State Bar)

Do summer your way

Wellness Wednesday: Meet Alison, Shireen, Samantha, and Alison

Reach Out, Check In

Wellness Wednesday: Mentor Someone

Wellness Wednesday: Joan Loring Wing

Wellness Wednesday: Law Day & Pro Bono

Get your sleep

Take a Chance on Being Nice

Attorney Wellness: We’ve Only Just Begun

Be Kind to a Lawyer Today

Be Nice to Someone Today

Wellness v. Well-Being

Wellness Wednesday: Meet Molly Gray

Wellness Wednesday: Judge Garland & My Cousin Vinny

Shakespeare, Pink Floyd and Wellness

Wellness Wednesday: You are not an impostor

Wellness Wednesday: “N O” is “O K”

Wellness Wednesday: Stop it!

Wellness Wednesday: Meet Jeff Messina

Lawyers Helping Lawyers Part 2

Lawyers Helping Lawyers: Keep it on the front burner

Lawyer Well-Being: a call to action

Anxiety, Stress & Work-Life Balance for Lawyers

Make time for what matters

Lawyer Wellness: resolve to find 6 minutes for yourself

108 is way too many

Workplace Happiness

Make Wellness a Habit

A pledge by legal employers to focus on lawyer well-being

Legal Ethics & the Water Cooler

Wellness Wednesday: Island Vines

Wellness Wednesday: on ponds, puffery and paltering

Wellness Wednesday: Neil Diamond, the Lock Screen, and National Mental Health Day for Law Students

 

Vermont’s Rules on Handling Flat Fees Paid in Advance of Services Being Provided. With some wellness thrown in.

Michael

This post will eventually address Vermont’s rules on handling flat fees that are paid in advance of any legal services being provided.  First, however, I’ll share some thoughts on billing and wellness.

I’ll say again what I’ve said before: I’m a fan of the recommendations made by the Legal Employers Committee in the State Action Plan that the Vermont Commission on the Well-Being of the Legal Profession issued in 2018.  Outlined on page 11 and beginning in full on page 68, the committee’s recommendations provide fantastic and prescient tips for legal employers, both public and private, interested in improving the profession’s wellness.  A few months ago, I posted this endorsement of the committee’s recommendation that employers allow staff to set communication boundaries with clients and opposing counsel.

Another of the committee’s recommendations addressed billable hours.

  • “In firms that impose billable hour quotas on attorneys, assess whether and how that quota system may be contributing to unproductive competition, excessive stress, and unhealthy work habits. In large firms, an anonymous survey may be the best way to assess this issue. In smaller firms, it can be done through simple observation. If a quota system appears to be encouraging unhealthy behavior and excessive stress, modify it, eliminate it, or consider alternatives.”

That the billable hour impacts wellness is not news. In 2011, the State Bar of Michigan posted The Billable Hour and Lawyer Wellness.  Responding to the argument that the billable hour is unhealthy in and of itself, the author wrote:

  • “It is not. At its root, the problem is one of wellness. Unhealthy lawyers create and perpetuate unhealthy systems. Put simply, the way a healthy lawyer relates to billable hours is much different from the way an unhealthy lawyer does.”

More recently, Law.Com addressed the billable hour’s impact on associates’ health, Above The Law highlighted one large law firm’s attempt to improve work-life balance by reducing the billable hour requirement, and Attorney At Law warned that encouraging/providing vacations means nothing absent a reduction in billable hours.

One alternative to hourly billing is a flat fee.

Again, today’s focus is on how to handle flat fees.  Still, for anyone considering the model, Clio has 5 Ways Flat Fee Attorneys More and How To Determine The Price Of Flat Fee Legal Services.  Meanwhile, Attorney at Work has Flat Fee or Hourly? Pros and Cons of Lawyer Billing Options.

So, you’ve decided to use flat fees.  Consider:

  • Mike Kennedy retains you. You agree to handle Mike’s matter for $ X. Prior to you doing any work, Mike advances $ X.

Now what?

At the beginning of this post, I promised eventually to address Vermont’s rule. Well, since then I got distracted and am only now back to fulfill my promise.  Alas, in the interests of time and needing to run to the store to get some half & half for this morning’s coffee[1], I’ll resort to an old blogger’s trick:  here’s my post on how to handle flat fees that are paid in advance of services being provided.

As always, be careful out there.

Dollar Sign

[1] Jennifer & Laura: the carton says “October 27.”  You know how I am.

Wellness Wednesday: It’s okay to reach out – BAP will listen and support you.

Michael 3 Comments

The Bar Assistance Program (BAP) began on April 1.  An aim of BAP is to assist lawyers and judges with behavioral health issues.

There haven’t been many referrals.  I suppose some might view that as a good thing.  Alas, given the informal inquiries I receive, it’s clear to me that many continue to struggle with stress, anxiety, and burnout.  If you are among the many, reach out.  We are here to help.

And, while I doubt you’ll ever find BAP on Yelp or Google, I’m here to share a positive review!

Through the end of August, I’d heard from a handful of lawyers who wanted guidance or resources, but not from any who wanted to participate in a more structured form of assistance.  Nor had Screening Counsel or Disciplinary Counsel referred to BAP a disciplinary complaint that revealed or was rooted in a behavioral health issue.

Then, in early September, a lawyer contacted me.  The lawyer reported levels of stress, anxiety, and burnout that had the lawyer considering whether to quit the profession. After I explained what BAP can and cannot do, the lawyer asked me to set up meeting with an assistance panel.  Three days later, the lawyer met via Zoom with me and two lawyers who volunteer in BAP.

I started the meeting by commending the lawyer for reaching out.  Each volunteer did the same. It takes a ton of courage to ask for help.

Then, the lawyer shared with us a perfect storm of personal and professional challenges that, over the past year, have relentlessly attacked the lawyer’s sense of self, self-worth, and worth as an attorney. To be very clear, challenges above and beyond those that are common to all practitioners, and challenges that I’m quite sure would’ve defeated me.  I found the lawyer’s strength inspiring: both in confronting the challenges and in expressing vulnerability to them.

In return, the panel members and I shared thoughts, experiences, and resources.  Our focus was that the lawyer is not alone, that it is okay to seek help, and that the lawyer is not an impostor.[1]  The lawyer intends to follow-up with one of the panel members to discuss a challenge common to their shared practice area.  In that sense, perhaps a mentorship was formed.

Today, I called the lawyer to check in.  Despite yet another setback that is outside the norm, the lawyer is doing okay. Challenges remain, but the lawyer is ready to take them on.  Then, the lawyer thanked me.  Specifically – and I have the lawyer’s permission to share this – the lawyer told me that mentors had often left the lawyer fearing “judgement,” a fear that caused the lawyer to engage in “approval seeking behavior” that wasn’t helpful or healthy. The lawyer told me the BAP experience wasn’t like that at all.  That it was supportive and “freeing.”

I shared the lawyer’s comments with one of the volunteer panel members.  The volunteer attorney said something that struck me. I don’t have the volunteer’s exact quote, but it was essentially this:  “sometimes people who are supposed to help think their job is to tell people what to do.  No.  Our role begins with listening.”

BAP is here.  It’s okay to reach out.

We will listen and we will support you.

wellness

[1] I have several posts and videos that touch upon “Impostor Syndrome.”  Including this post, this video, and this video.

Previous Wellness Wednesday Posts

Wellness Wednesday: Set communication boundaries with clients and opposing counsel

Wellness Wednesday: Compassion Fatigue

Wellness Wednesday: A message from Justice Eaton

Jessica Burke: “Well People Do”

Wellness Wednesday: Schitt$ Creek and Paddles

Wellness Wednesday: Be Kind to Lawyers

Civility Matters. Especially Now.

Coping with COVID-19 Related Stress & Anxiety

Wellness Wednesday: Unplug

Well-Being is an Aspect of Competence

Wellness Wednesday: Survival Skills

Wellness Wednesday: Make time for what (and who) matters

Wellness Wednesday: Risk & Response (this one is about the report I mentioned from the Virginia State Bar)

Do summer your way

Wellness Wednesday: Meet Alison, Shireen, Samantha, and Alison

Reach Out, Check In

Wellness Wednesday: Mentor Someone

Wellness Wednesday: Joan Loring Wing

Wellness Wednesday: Law Day & Pro Bono

Get your sleep

Take a Chance on Being Nice

Attorney Wellness: We’ve Only Just Begun

Be Kind to a Lawyer Today

Be Nice to Someone Today

Wellness v. Well-Being

Wellness Wednesday: Meet Molly Gray

Wellness Wednesday: Judge Garland & My Cousin Vinny

Shakespeare, Pink Floyd and Wellness

Wellness Wednesday: You are not an impostor

Wellness Wednesday: “N O” is “O K”

Wellness Wednesday: Stop it!

Wellness Wednesday: Meet Jeff Messina

Lawyers Helping Lawyers Part 2

Lawyers Helping Lawyers: Keep it on the front burner

Lawyer Well-Being: a call to action

Anxiety, Stress & Work-Life Balance for Lawyers

Make time for what matters

Lawyer Wellness: resolve to find 6 minutes for yourself

108 is way too many

Workplace Happiness

Make Wellness a Habit

A pledge by legal employers to focus on lawyer well-being

Legal Ethics & the Water Cooler

Wellness Wednesday: Island Vines

Wellness Wednesday: on ponds, puffery and paltering

Wellness Wednesday: Neil Diamond, the Lock Screen, and National Mental Health Day for Law Students