Meet the New Oregon Attorney Assistance Program

Well, not exactly. But meet the new OAAP website! Find events that meet your needs or speak to your interests, explore OAAP services, or learn more about the OAAP attorney counselors.

The OAAP can help with:

  • Well-being and stress
  • Anxiety or depression
  • Problem substance use
  • Compulsive and challenging behaviors
  • Career and lifestyle
  • Relationships
  • Challenging times
  • Planning for retirement

OAAP services are confidential and attorney counselors are on-call for urgent matters.

Help for yourself. Help for someone you care about.

If you are concerned about your well-being, or the well-being of another, the OAAP can help with short-term individual counseling, referral to other resources when appropriate, support groups, workshops, CLEs, and educational programs.

All Rights Reserved 2018 Beverly Michaelis

 

 

The Link Between Clutter and Stress

Why do we accumulate clutter?

  • Does it fuel our creativity?
  • Do possessions make us feel successful?  Or safe?
  • Make us look busy and important?
  • Are we too emotionally attached to weed out what we no longer need or use?
  • Are we hoping that someday our stuff will be worth a lot of money?
  • Or because we paid a lot of money for our stuff, it’s too good to get rid of?

In an extensive four-year study, UCLA researchers documented the debilitating effects of clutter on our mood and self-esteem. The greater the clutter, the more stress and anxiety we feel. This is especially true for women.

Tackling stress

There are many excellent articles on how to declutter. Start with these steps from Simplemost and HouseLogic. For ideas on managing stress, see the March 2017 issue of InSight. Read the article Stress Management: How to Reduce, Prevent, and Cope with Stress and download the associated Stress Management Self-Help Checklist and Stress Relief Toolbox. Don’t hesitate to contact an attorney counselor at the Oregon Attorney Assistance Program (OAAP). The OAAP can give you guidance on how to develop your own stress management program using deep relaxation, meditation, time management, and other proven stress-reducing techniques. Best of all, contacting the OAAP is free and confidential.

All Rights Reserved Beverly Michaelis 2018

My Desk, My Enemy

Desks are the pedestals of our productivity. How we organize the stuff on them has a big effect on how well or if we get things done in a timely fashion. But just as important as these practical concerns is the impact it has on our mental health.

While researching content for a presentation, I came across this older post: My Desk, My Enemy: 6 Helpful Ways to Get Organized.  Written by Dan Lukasik and published at Lawyers with Depression, it contains helpful information that remains relevant.

Organizational Style

Dan begins by describing the four organizational styles identified by Kelly Lynn Anders in her book, The Organized Lawyer:

Stackers organize by topic in stacks. They are visual and tactile and like to give the appearance of order. The busier these people are, the more stacks they have.

Spreaders are visual like stackers, but must be able to see everything they’re working on.

Free Spirits keep very few personal belongings around the work area. They like new ideas and keep reports, books, articles and magazines near.

Pack Rats have emotional ties to things. They like the feeling of fullness around them and like to tell stories about what’s in the office.

These categories are insightful, and describe a fair number of people I’ve worked with. But they fail to recognize what happens when a lawyer is depressed, depleted of energy, and has no motivation to get organized.  Dan calls this “the depressed desk:”

When a lawyer has depression, motivation and organization are BIG problems. A lack of energy blunts motivation. We already know that it’s a good idea to keep our desk together, but there simply isn’t much neurochemical juice to get it done….

We must outfox depression. It would have us do nothing. So we must do something. 

Dan’s Six Simple Solutions [Abbreviated]

  1. Get rid of all those pens. Only keep three or four.
  2. Take home any books that you don’t use on a regular basis. [I would add: do the same with magazines and legal periodicals. Create a “free spirit” space at home if this is your organizational style.]
  3. Hide cords – use twist-ties or coil your cords up.
  4. Only keep on your desk what you need for that day. Then section off your desk and workspace so that everything has a specific space.
  5. Have a dump day.  Pull everything out, put it in a big pile, sort, and toss.
  6. Schedule a date and time to clean your desk.

Read Dan’s original “six simple solutions” here.

Parting Thoughts

It’s easy to be skeptical of simple solutions.  How could tossing excess pens or hiding cords possibly help?  What difference does it make to clean off my desk?  

Trust me, it helps.

  • Eliminating clutter reduces stress and anxiety.
  • Organizing and prioritizing gives you back a sense of control.
  • Compartmentalizing allows you to plan for what you need to do and when.
  • Freeing up space allows you to breathe, think, and work.

You owe yourself, and you deserve, a pleasant work environment.

If you are a lawyer with depression, consider following Dan’s blog and connect with one of the confidential attorney counselors at the Oregon Attorney Assistance Program.

[All Rights Reserved 2016 Beverly Michaelis]

The Continuum of Client Communication

We communicate with clients along a continuum – using emails, texts, letters, phone calls, video conferences, and in-person meetings.  When selecting a communication medium, what drives your choice?

 

When Your Convenience Determines How You Communicate

Choosing a communication medium that is most convenient for you is understandable. Odds are you’re busy, maybe overwhelmed.  You have information to convey and want to pass it along to the client quickly and easily.  More likely than not, you’ll fire off an email, maybe a text, or post a document and notify the client to login to your secure client portal.

  • This is perfectly fine if the information you have to convey is cut and dried: not controversial, unexpected, upsetting, or likely to provoke a series of questions.
  • For best results, prime clients at the first client meeting. Let them know to expect emails, texts, etc. when you have routine information to convey.

When Client Convenience Rules Communication

Some might argue this should be the gold standard 100% of the time: choose the communication method the client prefers or finds most convenient.

While I understand the spirit behind this point of view, it ignores some important realities. Consider this typical scenario: Client sends you a question by email or text, but is unclear in what she is asking or leaves out key details.  In the name of letting the client control the means of communication, you can:

  • Begin an inefficient exchange of messages in an attempt to clarify the question.
  • Spend an inordinate amount of time “issue spotting,” then answer every conceivable variation of the client’s real question.

Have I made this mistake?  Yes, indeed.  But the goal here is to do better. Neither of these choices is a good way to go.

  • Client convenience/preference can rule when you have straightforward information to convey.  [Spot a theme here?]
  • If the client is being murky, don’t text or email.  Pick up the phone.  You’ll get to bottom of the real question far more quickly.  Send back a quick message: “Let me call you to discuss this.  Is 2:00 p.m. a good time?”

Purposely Choosing a Communication Method that is Inconvenient for the Client

If we’re being truthful, most lawyers have done this at one time or the other.  You leave a voicemail at home because you know the client is at work.  You send an email late at night when the client is likely to be sleeping.  You mail a letter instead of picking up the phone to talk.

Avoidance, much?

If you occasionally choose a means of communication that avoids contact with your clients, don’t worry about it.  You might legitimately go this route to simply get something done.  [Your convenience is driving how you communicate.]

But if you find yourself avoiding clients (plural) repeatedly (chronically), stop and reflect. Most lawyers who choose an “avoidance” means of communication are doing it because:

  • They anticipate the client will be unhappy about whatever information it is they have to convey – or –
  • The client is already unhappy [which could be reasonable or unreasonable]

Chronic avoidance can become chronic procrastination, which is a no-win for everyone. Lawyers who repeatedly procrastinate are anxious, stressed, and sometimes depressed. They find it impossible to break the self-perpetuating cycle of avoidance: as clients become more and more unhappy because the lawyer isn’t communicating, the lawyer retreats even more – not checking email, not opening postal mail, allowing voicemail to fill up, not reading texts.

If you see yourself going down this path, or if you are looking for resources and advice on how to communicate bad news to clients, help is only a phone call away.  Contact the Oregon Attorney Assistance Program.  Assistance is free, confidential, and non-judgmental. Outside Oregon? There are national hotlines and lawyer assistance programs in other states.

Communicating in a Way that Builds and Supports Client Relationships

At the risk of revealing my bias, this is the sweet spot where you should strive to be.  So before talking on the phone really does become a lost art, try to cultivate a “relationship” approach when you communicate.  Follow these guidelines:

  • Talk about communication at your initial client meeting.  Let the client know what to expect and set the tone.
    • My goal is to keep you informed at all times during your case.  I will email (upload) routine updates and documents.
    • If you have a question, feel free to call (text, or email) me.  I set aside (mornings) (afternoons) to return calls and messages.
    • If the answer to your question is complicated, or if I need more information to give you an answer, I may ask to set up a telephone or video conference.
    • I like to meet with clients in person to (talk about settlement offers, prepare for deposition, prepare for trial, etc.)  If you want to meet in person, feel free to (call my assistant or me) any time to set up an appointment.
    • You are welcome to drop off documents (any time, after 1:00 p.m.).  If you want to talk (leave me a note or speak to my assistant so we can schedule a time to meet).
  • Consider the information you need to convey and remember your goal in communicating:  you’re trying to build and support a better client relationship.
    • Convey bad news in person, by video conference, or over the phone.
    • Discussing something complicated?  Use the same approach.
    • Is your client prone to anxiety?  Do you anticipate the client will have a host of questions?  Ditto on the approach.

Potential Legal Malpractice

If you’re an Oregon lawyer, call the Professional Liability Fund at 1-800-452-1639 and ask to speak to an on-call claims attorney in any of the following circumstances:

  • You believe you committed malpractice
  • The client is threatening to sue or is asserting you malpracticed
  • You are served with a summons and complaint

Firing a Troublesome Client

Sometimes the communication issue really boils down to the fact that you need to fire your client.  Read more about firing clients here.  Carefully review “Withdrawal from Litigation: Client Confidences,” OSB Formal Opinion 2011-185, Scott Morrill, Breaking Up Is Hard to Do: How to End a Relationship, Part II, and Helen Hierschbiel, Tying Up Loose Ends: How to End a Relationship.

[All Rights Reserved 2016 Beverly Michaelis]

Postscript

For another twist on the subject of client communication, see Linn Davis, Good Communications: Keeping Clients and Ethical Obligations Satisfied.

Kicking the Can Down the Road: Procrastination


Why Do Today What You Can Put Off Until Tomorrow?

This was a sign proudly displayed in the office of a lawyer I visited some years ago.  At the time, the lawyer was married, moderately successful, and wore his procrastination as a badge of honor. Now he is divorced, the sign is gone, and so is he.

The Emotion and Psychology of Procrastination

Understanding and addressing procrastination is difficult.  One of the better procrastination31explanations of this behavior appeared in a post on The Productive Mindset in 2010. Here are the takeaways:

  • Procrastination is not a time-management problem, it is a self-regulation problem.
  • Procrastinators often have anxiety or doubts about their abilities, or about the perception others have of their abilities.
  • Many procrastinators would prefer others think they lack drive instead of providing the opportunity for others to question their capabilities.
  • Underlying fear of failure or fear of success is common among procrastinators.

Fear, Anxiety, and Doubt

While the original Mindset post is no longer available, Googling “the psychology and behaviors of procrastination” reinforces that fear, anxiety, and doubt are major players here.

Does This Sound Like You?

  1. Do you put off taking care of important things to the point of jeopardizing relationships, career, finances, or health?
  2. Do you put off doing what you need to do until a crisis develops?
  3. Do you put off doing tasks unless you can do them perfectly or until you can find the perfect time to do them?
  4. Do you hesitate taking necessary action because you fear change?
  5. Do you think about things you’d like to do but rarely get around to doing them?
  6. Do you believe that projects or tasks will somehow take care of themselves?
  7. Do you overcommit yourself?
  8. Do you tend to do only what you want to do instead of what you should do?
  9. Do you tend to do only what you think you should do instead of what you want to do?

Adapted from It’s About Time, by Dr. Linda Sapadin with Jack Maguire [Procrastination Self Test.]

Ending the Paralysis and Self Sabotage

We all procrastinate occasionally.  But if putting things off is affecting your practice, home life, health, or finances – don’t struggle alone.

The Oregon Attorney Assistance Program offers “Getting It Done” workshops that offer practical, individualized techniques to effectively address procrastination.  In addition to the workshop, Oregon lawyers are encouraged to contact an Attorney Counselor at any time for help with this issue.  The Oregon Attorney Assistance Program is free and confidential.

You can read more about the paralysis of procrastination here.

All Rights Reserved [2016] Beverly Michaelis