Store Humor and Gratitude in Your Disaster Recovery Kit

Hurricanes, tornados, mudslides, firestorms, floods, ice storms, blizzards, riots – there are many different kinds of disasters that can affect a law firm. Savvy lawyers create a disaster preparedness plan before trouble strikes, and then do their best to cope with the ultimate results. There are two things you might not think to include in your disaster survival kit, however – humor and gratitude.

Gratitude as a Survival Tool

I began writing this during the 12th day without electricity following Hurricane Ike, which knocked out electric service to 90% of Houston. Even though personally I was fortunate to sustain only a minimum of damage, trying to live and conduct business without electricity (and therefore air conditioning, refrigeration, lights, microwaves, stoves, computers, Internet, email and sometimes telephones) creates challenges that fray the nerves. When I found myself feeling irritable, I knew that I was starting to engage in a futile internal battle with “what is.” That’s when turning to gratitude saved the day for me.

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Post Date: October 7, 2008

Cover Story About Mid-Career Lawyers in ABA Journal

Debra Bruce has been quoted in the cover story of the September 2008 ABA Journal. The article by Leslie Gordon is titled “Midcareer Malaise: How to find a new path for your 40s.” She presents a number of different perspectives (including Debra’s) on why lawyers develop malaise in the mid-years of practicing law, and what to do about it.

Post Date: August 29, 2008

NY Times Article re Associate Retention Efforts

It will be no news to you that big law firms are struggling to retain associates. Almost all of them suffer from an enlarging associate vacuum after the 3rd year. The national attrition average at the 5 year point is around 80%! It really hurts firms to lose associates during what would be their most profitable years, not to mention the impact on firm morale when so many jump ship.

Some law firms are finally getting the message and starting to develop new associate programs aimed at keeping their talent. Although the programs may feel revolutionary inside the firm, in reality, many firms are just dipping their toes in the water. It’s hard to be forward-thinking and innovative when your whole culture is based on looking backwards and following precedent.

To get a peek at what some firms are doing, read the excellent New York Times article “Who’s Cuddly Now? Law Firms?” published yesterday. Most are trying to create more flexibility. Their plans purportedly allow lawyers to decide for themselves whether they want to be hard chargers racing to the holy grail of partnership, or whether they are willing to accept a later partnership entry in exchange for healthier working hours. It will be interesting to see whether the firm cultures really do reward either path.

Post Date: January 25, 2008

ABA Says Collaborative Law Is Ethical

Some lawyers question whether a lawyer can fulfill her ethical duty to zealously represent her client in a collaborative process where the parties agree to open communication and information sharing. The challenge mainly arises out of the requirement that the lawyer must withdraw from the representation if the collaborative process breaks down, and the parties pursue litigation. In August 2007 the ABA published its Formal Opinion 07-447 about Ethical Considerations in Collaborative Law Practice, and opined that the Collaborative Law process is ethical.

This is an important stride for the Collaborative Law process, and for clients. Today many clients want lawyers to help them resolve disputes without getting so caught up in “winning” that they lose sight of the real interests of the client. Clients know that all-out warfare is often deadly to their health and well-being, as well as to their bank accounts.

The Christian Science Monitor recently published a succinct and informative piece on Collaborative Law and the recent ABA Opinion. If you want more information about Collaborative Law, check out the website of the International Academy of Collaborative Professionals. You can also read an article I wrote a few years ago about the spread of Collaborative Law from family law disputes to business disputes.

Post Date: October 10, 2007

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