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 Year in Review – Top Posts in 2015

Thank you loyal readers!  As 2015 comes to a close, here is a look back at the year’s top posts:

Working Effectively – Time Management, Staffing

File Management – What to Keep, What Not to Keep

Marketing, Business Development, and the Attorney-Client Relationship

eCourt

Fees – Getting Paid, Finances, Credit Cards, Trust Accounting

Security

Technology – Macs, TECHSHOW, Office 2016, Windows 10, Paperless, and More

Potpourri

[All Rights Reserved 2015 – Beverly Michaelis]

The Importance of Keeping Complete Client files

Do you keep a complete copy of your client files?  If not, does your reasoning fall into one of the following categories:

 

Let’s consider these arguments individually.

Rationale: I don’t want to store the paper

Agreed!  I don’t blame you one bit.  Talk about inconvenient!

  • You could keep files at home, but no one wants to do that and some of us don’t have the space.
  • You could keep files in your office, but it can look like a clutter bomb went off.
  • This leaves the expensive option: keeping files off-site.

Solution: Scan your closed files

The easiest solution is to stop adding to the problem.  Resolve to scan your closed files starting this year.  Most practitioners will need a scanner for Oregon eCourt.  Put it to work as a file retention tool.

Rationale: Scanning is too time consuming

If your paper files aren’t “scanner” friendly, digitizing them at closing time can be tedious and time-consuming.

Solution: Make your life easier and scan as you go

Scanning paper as you receive it means all file materials are electronic from the start and the work is done automatically over the life of the file.  In fact, if you “scan as you go,” there is no reason not to simply be paperless.

After scanning, paper can be:

  1. Shredded
  2. Given to the client
  3. Kept for a designated amount of time in a general chron file
  4. Kept for a designated amount of time in simplified client file (e.g., dropped into an expanding file folder)

Exceptions may apply to certain types of originals.  See the PLF File Retention Guidelines, available on the PLF website.

Rationale: The court has all my pleadings

This is a specific example of the argument that if someone else has a copy of the documents stored in my file, I don’t need to retain my set.

Solution: Keep it real

No one else possesses your exact client file, as you gathered it, for the purpose you gathered it.

When you decide that it isn’t necessary to keep copies of the documents you filed in court, the medical records used to prove your client’s damages, or some other part of your file on the grounds that “someone else has a copy,” you are taking a huge risk.

Many a lawyer has regretted the decision not to keep records because “they were available elsewhere.”  For example, the lawyer who said he withdrew from a case long before a judgment was entered against his former client.  The lawyer claimed he withdrew, but had no documentation in his file.  The court’s Register of Actions showed receipt of a letter from the lawyer seeking to withdraw, but when a PDF of the court file was obtained, there was no letter.  Maybe the letter never made it into the paper file.  Or perhaps it was missed when the file was scanned.

Regardless, the moral of the story is pretty apparent: anyone (including a court clerk) can misplace, misfile, or lose a document.  Never rely on another person or entity to keep your records.  PLF claim files are replete with similar examples.

In the event of a legal malpractice claim, it may be crucial to prove what you did nor did not have in your file.  And while it may be possible to obtain duplicate records, doing so does not establish they were previously in your possession.

Additionally, defending the practice of discarding part of your file can be quite uncomfortable at deposition or in front of a jury.  Jurors hold lawyers to a high standard and often naturally have sympathy for the plaintiff bringing a claim.  If your testimony shows that you shredded part of your file, jurors may draw the wrong conclusion about your motives.  Play it safe and keep your complete file.

All Rights Reserved [2015] Beverly Michaelis

 

Still Pondering Paperless?

In my continuing series of top tweets from the 2014 ABA TECHSHOW, today I am offering 10 thoughts to chew on if you are pondering going paperless.  (Including bonus tips from me!)

  • And it saves trees! RT @Westlaw: Benefits of going paperless: increased revenue and better client service. @Westlaw RT @ESIPhones
  • 1st Q. to ask: Is your “paperless plan” in line with your record retention plan and retention requirements? @Westlaw
  • Want to go paperless? Reduce the # of printers, replace with scanners. @Westlaw
  • Get a ScanSnap ix1500. Make it easy to go #paperless #abatechshow per Steve Best. @david_bilinsky
  • PDF is a cornerstone to the #paperless practice per Steve Best. @david_bilinsky
  • Get a DMS (doc mgmt system) to go #paperless. Handles email + attachments rather than rolling your own system. @david_bilinsky
  • If you came to my #ABATECHSHOW session on “PDF Enlightenment” & want the 1 page PDF cheat sheet, click this link. @pdflawyer
  • For checklists, white papers, and other resources on going paperless, visit the PLF Web site.
  • For CLEs on paper reduction, document management, the paperless office, and PDFing: A Lawyers Guide to Adobe Acrobat, visit the PLF Web site.
  • For an overview of the issues involving in going paperless, see my In Brief article, “Is It Time to Go Paper Less” on the PLF Web site.  Also see Greening Your Law Practice.

All Rights Reserved – Beverly Michaelis [2014]