Effective Stress Management Techniques for Lawyers Catrin Mills Published by In In association with
Effective Stress Management Techniques for Lawyers is published by Ark Group UK/EUROPE OFFICE Ark Group Ltd Paulton House 8 Shepherdess Walk London N1 7LB United Kingdom Tel +44 (0)20 7490 0049 Fax +44 (0)20 7324 2373 publishing@ark-group.com NORTH AMERICA OFFICE Ark Group USA 4408 N. Rockwood Drive Suite 150 Peoria IL 61614 Tel +1 309 495 2853 Fax +1 309 495 2858 publishingna@ark-group.com ASIA/PACIFIC OFFICE Ark Group Australia Pty Ltd Main Level 83 Walker Street North Sydney NSW Australia 2060 Tel +61 1300 550 662 Fax +61 1300 550 663 aga@arkgroupasia.com Editor Evie Serventi eserventi@ark-group.com Head of content Anna Shaw ashaw@ark-group.com Managing director Jennifer Guy jguy@ark-group.com UK/Europe marketing enquiries Robyn Macé rmace@ark-group.com US marketing enquiries Daniel Smallwood dsmallwood@ark-group.com Asia/Pacific marketing enquiries Steve Oesterreich aga@arkgroupasia.com ISBN hard copy: 978-1-907787-08-9 ISBN PDF: 978-1-907787-09-6 Copyright The copyright of all material appearing within this publication is reserved by the author and Ark Conferences 2010. It may not be reproduced, duplicated or copied by any means without the prior written consent of the publisher. ARK1467
Effective Stress Management Techniques for Lawyers Catrin Mills Published by In association with
Contents Executive summary VII About the author XI Acknowledgements XIII Support for UK lawyers: LawCare XV Foreword XVII Chapter 1: The state of the profession 1 Leaving the law 1 Side effects 2 The ultimate cost 2 Women lawyers 3 Young lawyers 4 Senior lawyers 4 Tough expectations 5 Stress and performance 6 Chapter 2: What is stress? 9 The physical side of stress 10 Thought and emotion 10 The difference between pressure and stress 11 Stress indicators 13 Breaking point 15 Summary 16 III
Contents Chapter 3: Causes of stress 17 Personal life 18 Taking work home 18 Work-life imbalance 19 Deadlines and time recording 21 Physical and cultural stressors 23 The lawyer s role 24 Working in conflict 24 Accountability and the blame culture 25 Public perception 25 Career development 26 The lawyer personality 26 The curse of perfectionism 27 Chapter 4: Manage your thinking 31 The three Cs 32 Making use of your legal skills 32 The three step process 33 Common thinking errors 35 Summary 43 Chapter 5: Manage your environment 45 Time management 45 De-clutter 45 Plan carefully 46 Prioritise 46 Delegation 47 Banish procrastination 48 Manage communications 48 Telephones and colleagues 49 Down time 50 IV
Effective Stress Management Techniques for Lawyers Chapter 6: Changing our culture 59 Survival of the fittest 59 Margins 60 Responsibility of firms 61 What can firms do? 63 Index 67 V
Executive summary It has been well documented that stress is epidemic in today s society. But still, lawyers are constantly topping surveys as one of the most stressed professions. Is there something particular about the nature of legal work which makes it stressful? Why are lawyers seemingly so susceptible to the effects of work pressure? More importantly is not all of this stress making lawyers not just unhappier but more inefficient and less successful? Furthermore, it seems that the advice and recommendations generally available on dealing with stress are not registering with lawyers. Lawyers often read about how to combat stress and think That s all well and good but not very realistic in the legal profession. Stress management books, CDs or practitioners might recommend slowing down, taking more time out, or getting a work-life balance. All of this sounds great in theory but what if you have a demanding client, an imminent completion date or a court deadline? What if you have a hearing to prepare for? This report will look at the generic causes of stress, the specific factors which relate to lawyers and will examine how to solve them in ways which are practical and realistic in today s legal world. It will go on to look at how patterns of thinking and behaviour typical to lawyers exacerbate stress. Importantly, it will take general advice and theory about stress management and apply it directly to lawyers. One of the aims of Effective Stress Management Techniques for Lawyers is to emphasise that stress management involves two levels of change. The first is change on an individual level and this report seeks to challenge the assumption amongst lawyers that stress management is self-indulgent or touchy-feely. It will argue that stress management is often an element of better selfmanagement and therefore an essential component in improving performance and efficiency. The second level is change on a broader cultural basis. Although fundamental cultural change is not something which can be achieved overnight, VII
Executive summary there are benefits to firms in addressing stress in their lawyers. This report will look at what some firms are currently doing to improve their employees mental wellbeing and what benefits they are seeing. It will also look at what can be done by managers and partners to reduce stress in the workplace and thereby ensure greater productivity. Chapter 1 begins by looking at the state of today s legal profession. This chapter aims to set out the reality of lawyers working under stress. It will look at lawyers at different stages of their careers and how different pressures affect them at different times. It will also consider the different types of stress faced by different types of lawyers, from in house advisers to solicitors in private practice for example. This chapter will also seek to challenge the idea that stress and pressure are an inevitable part of life for lawyers of all levels or that they are essential for career advancement. The aim of this chapter is to persuade junior and senior lawyers alike that in order to operate at maximum productivity and efficiency it is essential to eradicate stress and anxiety. Chapter 2 takes a closer look at what is meant by stress. Stress is not usually something which happens overnight but builds up gradually. Levels of stress and pressure can also fluctuate and it is not a condition which can easily be measured. It is a sliding scale which ranges from the feeling of being under pressure, to extreme effects on physical and mental health. For all these reasons it can be difficult to recognise and address. Experts say that a degree of stress can even be healthy and improve performance. So at what point on this sliding scale should we be concerned? When does stress change from being a performance enhancing state of mind to an illness needing intervention; and how can lawyers achieve and maintain an optimum level? Many lawyers recognise the general factors which induce stress. This is often a matter of common sense. Stressful personal events like bereavement or moving house can trigger a reaction as can overwork, financial worries, or relationship problems. This report however, looks in more detail at particular factors both environmental and psychological, which apply to lawyers and which in themselves can induce or exacerbate stress. Chapter 3 therefore looks at a lawyer s work and the typical lawyer personality to draw out those factors which are peculiar to lawyers; and to explain why lawyers are therefore especially susceptible to stress related illness. This chapter also looks at the curse of perfectionism and how this personality trait is unhelpful in many ways VIII
Effective Stress Management Techniques for Lawyers including how it impedes a lawyer s ability to deliver a service which matches client expectations. The idea of a lawyer personality is developed in Chapter 4 which looks in more detail at the stress-inducing thoughts and behaviours which are typical to lawyers. This chapter will then explain how lawyers, instead of taking stress to be an inherent component of the way they work, can actually use their legal training and skills to combat stress. This chapter will discuss how by using their analytical skills amongst others - lawyers can challenge the way they react to stress thereby enabling them to be more focused and efficient. Chapter 5 will look at lifestyle and environment. Although this report argues that lawyers should address stress from the inside out, that is, by changing their thinking first and foremost, external factors are also key to eliminating stress and anxiety. This chapter will set out advice on time management for example, as well as the practice of setting boundaries, to show how these skills can not only combat stress but can lead to more efficient and effective working practices. With this in mind this chapter will argue that work-life balance need not be elusive for lawyers and that in fact balance is essential in achieving and more importantly, sustaining professional success. Chapter 6 looks at the legal culture. Undeniably, today s society is causing more stress and stress-related illness. Pace of life, information overload, processed food, material demands, amongst many other social and economic factors are all increasing stress levels generally. The legal world seems to be suffering from a similar phenomenon. This chapter will look at how the culture of the legal profession fosters stress and what can be done about this. What can firms do to help combat stress and what are the benefits to firms in doing this? How do targets and billing relate to stress and is stress simply another reason for radically rethinking the way legal services are provided? This chapter will offer insights from some firms who have implemented measures to deal with stress and will examine the resulting benefits. IX
About the author Catrin Mills studied English and Related Literature at the University of York before taking the CPE and LPC at the College of Law, York and London respectively. Catrin trained at City firm Reynolds Porter Chamberlain and spent the early part of her career as an employment lawyer with the firm, representing employers and employees. Catrin joined a regional firm in St Albans in 2005 where she set up an employment department. Catrin grew her team to ten lawyers in three years whilst running her own caseload of high profile employment matters. Catrin specialised in representing lawyers and other professionals in employment disputes. Catrin took time out of the law in 2009 after the birth of her second child to train as a coach and to write her first book, a report on time management for lawyers, Making Every Six Minutes Count. Now, Catrin has returned to private practice as an employment lawyer and in her spare time continues to coach and write in the area of stress management. Catrin lives in Essex with her husband and two children. XI
Acknowledgements With thanks to Anna Shaw and Evie Serventi for their editorial help, to professional coaches Deirdre McBurney and Kareen Cranston for their expertise, Anna Buttimore of LawCare and to the many lawyers who were good enough to share their own experience in the name of research. Dedication To my family. XIII
Support for UK lawyers: LawCare LawCare is a free and completely confidential advisory service in the United Kingdom to help lawyers, their immediate families and their staff to deal with the health issues and related emotional difficulties that can result from a stressful career in the law. LawCare offers the opportunity for you to discuss problems which are interfering with, or have the potential to interfere with, your work performance and/or your family life and to seek help in resolving these problems. Through LawCare, help is available to those who are suffering from stress and/or depression, or who have alcohol, drug or other dependency concerns or eating disorders. The LawCare service: Is totally free (although any subsequent professional counselling or treatment will normally have to be paid for); Is totally confidential; Takes the form of an initial telephone discussion; Includes referral, where necessary, to expert assistance; Offers support, where appropriate, from a fellow lawyer who has suffered and recovered, from the same problem; and Is available to all lawyers, their staff and immediate families. LawCare operates through five helplines which are open 9am-7.30pm, Monday to Friday and 10am-4pm Saturday and Sunday. For solicitors, law students, paralegals and legal executives in England and Wales: 0800 279 6888 For solicitors and law students in Scotland, Northern Ireland and the Isle of Man: 0800 279 6869 XV
Support for UK Lawyers: LawCare For barristers, barristers clerks and judges in England, Wales and Northern Ireland and advocates in Scotland: 0800 018 4299 For solicitors in Ireland: 1800 991801 For barristers in Ireland: 1800 303145 Further information is also available at http://www.lawcare.org.uk/ XVI
Effective Stress Management Techniques for Lawyers Foreword Let me begin by saying I m not a doctor. I am not medically qualified nor am I a trained psychologist or therapist. I am first and foremost an employment lawyer. Practising employment law reminds me on a daily basis of the effects of work-related stress on both employers and employees in all occupations. So far in my career advising on employment law, I have almost every day come across people who are suffering from the effects of stress. Both employers and employees alike are under pressure. There are difficult issues to deal with at work or simply not enough hours in the day. There are few employment cases I come across which do not involve some element of work related stress such as an employee who is unfairly treated being forced to take stress related sick leave or ultimately to leave their job, or a manager facing a complaint feeling they have nowhere to turn. All of this has made me more acutely aware of how stress is present in my own field. As a lawyer and a coach, I see fellow professionals who are reaching their limit. These are not incapable or somehow flawed individuals. These are tough, highly intelligent and successful legal practitioners who at some time or another are affected by stress. Stress is still not something lawyers are comfortable talking about. If you ask a colleague how they are doing they might well often say I m stressed! but it will usually be with a wry smile and a knowing look which suggests that it s all par for the course. Surely, if you want to be a lawyer you need to expect a bit of pressure. It s part of the reason why many lawyers are highly paid. If you can t hack it, maybe you should rethink your career choice, right? At a time in the UK when the legal profession is on the verge of significant change, stress levels are arguably at their highest ever. But is it healthy to be clinging on to the idea that stress is all just part of a lawyer s lot? Is stress helping lawyers to be more productive and effective? Moreover, is it enabling lawyers to serve their clients to the best of their abilities? XVII
Foreword It feels as though in writing about stress in law I m putting my head above the parapet, at least amongst UK lawyers. I do not think it is a coincidence that our US colleagues have explored this problem to a much greater degree. Studies have been carried out and academic papers published debating the state of the profession in the US and possible solutions. In the US, Amiram Elwork s book Stress Management for Lawyers 1 is now in its third edition and an important source of practical advice specifically for lawyers on how to combat stress. Meanwhile in the UK, studies on stress and law seem to be few and far between and there seems to be a paucity of any guidance on how to deal with stress not just on an individual level, but also for lawyers as employers. There is a need in the UK to follow the US and acknowledge stress first and foremost as a problem and as a condition which is hindering the profession s development. It is perhaps time lawyers recognised stress for what it is: a state from which no lawyer is immune but something which can and should be addressed. It is not something which will go away if you ignore it. It has no place in a successful and fulfilling career. It is not something which one has to accept in order to practice law, let alone succeed in the field. Much of the problem is that by the time stress has taken hold, lawyers don t feel they have the time or energy to deal with it. Lawyers are focused on getting through one day at a time. For individual lawyers, this report is therefore intended to be an easily digestible guide to tackling stress and offers techniques that can be put into practice quickly. For firms who are looking to improve performance and tackle stress in their lawyers, this report aims to discuss methods for doing so and the benefits which will inevitably follow. Lawyers are reluctant to spend time on self development. It is a soft subject which does not interest sceptical and exacting legal minds. The purpose of this report is not to persuade lawyers to live a more alternative lifestyle or to convince firms to sacrifice on profits for the sake of general wellbeing. Its purpose is to demonstrate that stress is unnecessary and unhelpful and can be eradicated, making for a more satisfying, productive and fulfilling legal career. Its purpose is also to demonstrate to firms the benefits both financial and cultural of tackling stress head on. In producing this report I have spoken to lawyers from many different sectors and backgrounds to portray as fully as possible how stress is
Effective Stress Management Techniques for Lawyers experienced on a real day-to-day level. Talking about stress is, as we will see, extremely difficult for lawyers and I am therefore grateful to these lawyers for their honesty. Names and biographical details have therefore been changed in order to protect their identities. Also, an important word of caution; this report is not intended to be a source of medical advice. It is intended to be discursive and to offer ideas and guidance. If you are suffering from any form of serious stress-related physical or psychological symptoms, please consult your doctor. Reference 1. Elwork, A., Stress Management for Lawyers, 3rd ed, Vorkell Group, 2007. XIX