Stress Tests.
Mar. 14th, 2014 03:58 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
captainsblogSome years back, I remember some snarky comedian getting laughs with a one-liner along these lines:
In the New Year, I resolve to be kinder and gentler to everyone I come in contact with, never making fun of anyone on account of their appearance, their status or their beliefs. [pause] ...Except for lawyer jokes.
Ha ha, that's us, and it's on us. And it's okay, because we tell them on ourselves, our high-class version of N-bombing each other, I suppose. It's all funny, and acceptable- except when it's not.
This is not about me- at least not today, and not for the foreseeable past. But it is about an increasing number of fellow attorneys I come into contact with- for whom, despite the perceptions of success and smarts and riches we come surrounded with, it can all go bad and into the crapper in no time at all.
I will tell just two stories, but I could just as easily tell more, of lawyers I worked with, or against, or studied with, or taught. Their problems reflect the risks and stress of the profession at large- where there are no lifetime job guarantees; rarely any promised pensions; the constant need to keep every client, every judge, every regulatory agency happy lest you lose your reputation or, worse, your license, which can quickly leave you with nothing. For it takes just three votes of a small panel of judges to suspend or disbar you, with little in the way of notice, little more in the way of due process, and virtually nothing in the way of appeal. It's happened to people I know, and I fear it happening in the cases of the two stories I will tell (partially, changing and omitting some details to protect privacy).
----
I've known, or at least known of, L1 for years. One of those names you just came across from time to time in a variety of contexts. Through whatever avenue, we were connected in a way that L1 started consulting with me on some client issues within my expertise, and I would try to reciprocate when something came up that were closer to that skill set than to my own.
I knew where L1 worked; I was in there fairly often myself. One day, I was called in to a closed-door meeting. L1 was no longer formally part of the group. There'd been a triggering event (which, at least for the group, produced no bad consequences but only after a lengthy investigation by some regulatory types), but that revealed bigger problems. For L1 had also been grieved by a one-time client; baseless, in the end, but it revealed some past problems that the group simply could not have any association with in order to protect its own reputation. So we'd still be in contact, L1 would still officially "be there," but the relationship, past and potential, would never be the same.
Until it changed, again, for the worse. One day, visiting that office, I noticed that L1's name was off the office door. Now the relationship had faded even more visibly; L1 was having recurring financial problems from a longago non-law-related business, and creditors were starting to call and even stop by about them- so even the "be there" part had to go. I still see the lawyer on rare occasion- even got hired by one of my longago clients to assist in finishing a matter that L1 hadn't been prompt enough in resolving (which, once I got involved, I got full cooperation on and even a little bit of above-and-beyond efforts in getting some final papers filed)- but I'm still worried. Worried for the person, for the clients who probably have no idea any of this is going on, and for all of us in the same always-precarious boat who could easily be shocked out of our status quos by a single mistake or a single grievance.
----
L2, on the other hand, I'd never heard of. This one's among the many solo practitioners who get churned out of my own and other law schools every year and who wind up just on their own, maybe with real or quasi-partners or, more often, just the lawyer equivalent of roommates. From what I can tell of L2's work, it's bright, thorough and a little unconventional, but for the case in question, all three of those traits should work nicely.
The client in question was one whose Rochester-based lawyer, in other matters, had known me for years, and who I'd recently seen in court over there. So when L2 and the client started having communication issues, my old friend recommended me, and I've had a couple of meetings with the client. Our plan was to keep L2's skills and expertise in play, with me just providing additional case support and help with communication and production, but again, the experience of the past week has shown how quickly a lawyer's prospects, and very presence, can all go downhill.
There was a conference with the judge on Monday. Client didn't know that; I looked it up on my own. Client last heard from L2 in late January, promising to file something by late February (which wasn't). I tried reaching L2, and calls to the phone number listed on paperwork, and in the lawyer's directory, didn't get through- calls from my cell went to a weird busy signal, and from my landline went to an un-set-up voice mail jail. L2 did not show up on Monday, but at least somebody did on the lawyer's behalf- and I gave that individual some papers to pass on, to introduce myself to the lawyer and the case. Never heard a thing. Three days later, Client was pissed at the lack of progress, so I headed to L2's office today, hoping to stalk my way into a solution.
Even that didn't work. L2 doesn't even have a name on the office; another has a sign, and a name (along with one other lawyer I've never heard of) on a mailbox. On the floor, under the mailbox? A pile of mail addressed to L2, including an envelope from the opposing law firm in the case "we" had the conference in on Monday, probably the same letter I was sent a courtesy copy of.
No calls. No letters. Who knows what, taking the place of reasonable response in L2's life? It's going to result, quite possibly in the lawyer being out-and-out discharged rather than having me come on to help, and that will suck for everyone involved.
----
Lawyers have nothing comparable to apprenticeship or residency. Pass the bar, hang the shingle. Pay your biannual $375, take your 12 CLE hours a year (which you can do, after a certain point, entirely by tape or download without a single human being interacting with you), don't bounce your trust account checks, and nobody will even notice if you suddenly start to fail. Our national, state and local bar associations are entirely voluntary, and heavy on fees for, especially, older and smaller practitioners, and most of the lawyers with problems are the ones who don't belong to them and gain access to their resources. Eventually, these troubled cases will reach a point where the lawyers get grieved, or sanctioned, or sued for malpractice, and it all starts coming out- but by then, almost certainly, they'll be past the point of getting effective help.
There are Lawyers Helping Lawyers organizations, some of them tied to particular problems such as addiction or depression, but all of them require the first of the 12 Steps to get you anywhere- admitting you have a problem. And so many of us have been trained for so long to never do that, because it gives your opponent an advantage. Even if "your opponent" is actually a segment of gray matter between your own ears.
At least twice in my career, I've admitted to needing help- different kinds each time- and I've gotten over (note incoming irony) that bar both times. I fear for these two individuals - one of whom I know to be a genuinely good person- in that they may not be able to do that until it's too late.
In the New Year, I resolve to be kinder and gentler to everyone I come in contact with, never making fun of anyone on account of their appearance, their status or their beliefs. [pause] ...Except for lawyer jokes.
Ha ha, that's us, and it's on us. And it's okay, because we tell them on ourselves, our high-class version of N-bombing each other, I suppose. It's all funny, and acceptable- except when it's not.
This is not about me- at least not today, and not for the foreseeable past. But it is about an increasing number of fellow attorneys I come into contact with- for whom, despite the perceptions of success and smarts and riches we come surrounded with, it can all go bad and into the crapper in no time at all.
I will tell just two stories, but I could just as easily tell more, of lawyers I worked with, or against, or studied with, or taught. Their problems reflect the risks and stress of the profession at large- where there are no lifetime job guarantees; rarely any promised pensions; the constant need to keep every client, every judge, every regulatory agency happy lest you lose your reputation or, worse, your license, which can quickly leave you with nothing. For it takes just three votes of a small panel of judges to suspend or disbar you, with little in the way of notice, little more in the way of due process, and virtually nothing in the way of appeal. It's happened to people I know, and I fear it happening in the cases of the two stories I will tell (partially, changing and omitting some details to protect privacy).
----
I've known, or at least known of, L1 for years. One of those names you just came across from time to time in a variety of contexts. Through whatever avenue, we were connected in a way that L1 started consulting with me on some client issues within my expertise, and I would try to reciprocate when something came up that were closer to that skill set than to my own.
I knew where L1 worked; I was in there fairly often myself. One day, I was called in to a closed-door meeting. L1 was no longer formally part of the group. There'd been a triggering event (which, at least for the group, produced no bad consequences but only after a lengthy investigation by some regulatory types), but that revealed bigger problems. For L1 had also been grieved by a one-time client; baseless, in the end, but it revealed some past problems that the group simply could not have any association with in order to protect its own reputation. So we'd still be in contact, L1 would still officially "be there," but the relationship, past and potential, would never be the same.
Until it changed, again, for the worse. One day, visiting that office, I noticed that L1's name was off the office door. Now the relationship had faded even more visibly; L1 was having recurring financial problems from a longago non-law-related business, and creditors were starting to call and even stop by about them- so even the "be there" part had to go. I still see the lawyer on rare occasion- even got hired by one of my longago clients to assist in finishing a matter that L1 hadn't been prompt enough in resolving (which, once I got involved, I got full cooperation on and even a little bit of above-and-beyond efforts in getting some final papers filed)- but I'm still worried. Worried for the person, for the clients who probably have no idea any of this is going on, and for all of us in the same always-precarious boat who could easily be shocked out of our status quos by a single mistake or a single grievance.
----
L2, on the other hand, I'd never heard of. This one's among the many solo practitioners who get churned out of my own and other law schools every year and who wind up just on their own, maybe with real or quasi-partners or, more often, just the lawyer equivalent of roommates. From what I can tell of L2's work, it's bright, thorough and a little unconventional, but for the case in question, all three of those traits should work nicely.
The client in question was one whose Rochester-based lawyer, in other matters, had known me for years, and who I'd recently seen in court over there. So when L2 and the client started having communication issues, my old friend recommended me, and I've had a couple of meetings with the client. Our plan was to keep L2's skills and expertise in play, with me just providing additional case support and help with communication and production, but again, the experience of the past week has shown how quickly a lawyer's prospects, and very presence, can all go downhill.
There was a conference with the judge on Monday. Client didn't know that; I looked it up on my own. Client last heard from L2 in late January, promising to file something by late February (which wasn't). I tried reaching L2, and calls to the phone number listed on paperwork, and in the lawyer's directory, didn't get through- calls from my cell went to a weird busy signal, and from my landline went to an un-set-up voice mail jail. L2 did not show up on Monday, but at least somebody did on the lawyer's behalf- and I gave that individual some papers to pass on, to introduce myself to the lawyer and the case. Never heard a thing. Three days later, Client was pissed at the lack of progress, so I headed to L2's office today, hoping to stalk my way into a solution.
Even that didn't work. L2 doesn't even have a name on the office; another has a sign, and a name (along with one other lawyer I've never heard of) on a mailbox. On the floor, under the mailbox? A pile of mail addressed to L2, including an envelope from the opposing law firm in the case "we" had the conference in on Monday, probably the same letter I was sent a courtesy copy of.
No calls. No letters. Who knows what, taking the place of reasonable response in L2's life? It's going to result, quite possibly in the lawyer being out-and-out discharged rather than having me come on to help, and that will suck for everyone involved.
----
Lawyers have nothing comparable to apprenticeship or residency. Pass the bar, hang the shingle. Pay your biannual $375, take your 12 CLE hours a year (which you can do, after a certain point, entirely by tape or download without a single human being interacting with you), don't bounce your trust account checks, and nobody will even notice if you suddenly start to fail. Our national, state and local bar associations are entirely voluntary, and heavy on fees for, especially, older and smaller practitioners, and most of the lawyers with problems are the ones who don't belong to them and gain access to their resources. Eventually, these troubled cases will reach a point where the lawyers get grieved, or sanctioned, or sued for malpractice, and it all starts coming out- but by then, almost certainly, they'll be past the point of getting effective help.
There are Lawyers Helping Lawyers organizations, some of them tied to particular problems such as addiction or depression, but all of them require the first of the 12 Steps to get you anywhere- admitting you have a problem. And so many of us have been trained for so long to never do that, because it gives your opponent an advantage. Even if "your opponent" is actually a segment of gray matter between your own ears.
At least twice in my career, I've admitted to needing help- different kinds each time- and I've gotten over (note incoming irony) that bar both times. I fear for these two individuals - one of whom I know to be a genuinely good person- in that they may not be able to do that until it's too late.