This article is a bit different from my
usual fare and is presented in follow up to Bob Minto’s excellent
series on Stress, Life, and the Practice of Law. This piece isn’t full
of the typical risk management practice advice, nor is it an in-depth
discussion of a malpractice concern. Instead, this article repeats some
good old fashioned, plain Jane, down home advice that is simply this:
take care of yourself.
It sounds simple, and we all have
heard it from parents, friends, colleagues, kids and perhaps most often
from a significant other. My travel experience these past seven years
truly has begun to underscore the importance of this advice, and I am
learning to heed it more with every business trip I take.
When
I start feeling that my professional life has begun to seriously
overwhelm my personal life, which I’ll admit happens every now and
again, I remember that someone once told me they “work to live, not
live to work.” I have valued that comment ever since, because it helps
me get over the hump. I am able to get things back into perspective by
remembering that bit of advice.
I am not trying to say
that a professional life is less meaningful than a personal life.
Frankly, I love what I do professionally. My work brings great personal
satisfaction. I am simply sharing that there is value in keeping both
in balance.
I really do believe that taking this advice
to heart can serve as a valuable risk management practice. During risk
visits with various firms, I have had employees ask me to talk with an
attorney about learning to say “no,” in order to reduce her workload.
The firm’s employees were concerned about the attorney’s overall
well-being. I have had attorneys’ wives ask me to let their husbands
know that from my perspective (as a malpractice carrier’s
representative), taking an occasional vacation is a good thing, as is
staying home after supper on most evenings!
On a more
serious note, we all are aware that stress-related physical health
issues, addictions and mental illness (particularly depression) are
significant problems within our profession. I believe that many of the
health issues arise in part due to an imbalance between personal and
professional lives. Truly, this imbalance is a legitimate malpractice
concern.
I have spent time on the phone with an attorney
who was unable to make a decision and unable to complete work, with a
deadline only hours away. His personal stress level had caused
indecisiveness and immobility. He could go no further. Unfortunately,
his response of immobility is not that uncommon. We currently have open
claims that reflect such high stress and indecisiveness, and it’s
likely that those claims will result in loss payouts. Without balance
between personal and professional lives, there is a risk of overload,
burnout, indecisiveness, forgetfulness, and a loss of the various types
of personal and emotional support on which we rely to function
effectively. Any one or combination of these risks can create a
situation that is ripe for attorney negligence or malpractice.
So
then, what does “taking care of self” mean? For me, it means eating
right and trying to find time to exercise three or four times a week at
a minimum. It means doing what I can to leave work issues at the
office, so that when I have time with my family, I can fully invest in
them. I don’t want to jeopardize my relationships with my most valued
support people, and it is so easy for work to override personal needs
that I must remain vigilant about the balance.
Taking
care of self also means taking a vacation now and again, at least once
a year. It means finding some quiet time for reflection and rest, as
well as time to pursue personal interests. These are things that I need
to do in order to stay sharp, to stay balanced. Your list may look
somewhat similar or be quite different.
I cannot tell
you how to find balance in your life, because everyone’s life is
different. But I can tell you that the gain is worth the effort
involved. Not only will the effort likely reduce your exposure to a
malpractice claim, but I also believe that it keeps both your personal
and professional life meaningful and fulfilling. Neither aspect of your
life will weigh heavily on the other because both aspects are in
balance.
The Risk Management Report
is not legal advice. It does not, and is not intended to, respond to
any individual situation or concern. The reader must conduct
independent research and analysis to determine the constraints and best
way to act for each matter in each jurisdiction.