Plan for 2021 by Reflecting on 2020

When was the last time you paused, thought about the recent past, and made a plan for the future?

I know. You’re busy. Clients are calling. Cases demand attention. But you do too. STOP. Now.

The first step is easy

Open your calendar, find a free time slot. Preferably an afternoon, but I’ll take an hour if that’s all you can find. Set a date to reflect and plan.

When the time arrives

Don’t blow it off. Put files, to do lists, and your phone aside.

Set the scene by transitioning away from work. Take a quick walk or listen to music for a few minutes. When you’re ready, sit down with pen and paper. Avoid electronics, as the tendency to stray into work may be too tempting.

Take a self audit

What went well this year? What went poorly? Where do you want to be in 2021? Any ideas about what you might do differently? If no thoughts come to mind, make a list of people you can call. Talking through what to do and how to get there can be a tremendous help.

Access resources

The ABA COLAP Cafe recently reprinted an excellent article on conducting a year-end self audit. Access it here. Take advantage of our own LAP (lawyers assistance program). The Oregon Attorney Assistance Program is free and confidential. If you know you want change and are at a loss about next steps, or just want someone to run your thoughts by, the OAAP can help. Visit the OAAP website to contact an attorney counselor. Consider scheduling a phone conference now as a follow up to your reserved planning date.

2021 is coming. We can make it better than 2020.

All Rights Reserved 2020 Beverly Michaelis

Holiday Stress Revisited

You may feel there’s nothing you can do about stress. The bills won’t stop coming, there will never be more hours in the day, and your work and family responsibilities will always be demanding. However, you have more control over stress than you might think. No matter how stressful your life seems, you can take steps to relieve the pressure and regain balance.

How? By using the four A’s:

Avoid

Alter

Adapt

Accept

For specific advice on how to cope with holiday expectations and holiday-related stress, review these articles from the Oregon Attorney Assistance Program:

Updated 2020 All Rights Reserved Beverly Michaelis

New ABA Study on Malpractice Claims

Photo by Brett Sayles on Pexels.com

Approximately every four years since 1985, the American Bar Association has published a “Profile of Legal Malpractice Claims.” Plaintiffs’ personal injury and family law are the most frequent source of claims, according to the latest profile. Although the Profile does not correlate the severity of claims by practice area, the Profile’s “anecdotal observations” section suggests  that business and commercial law have traditionally been higher-risk areas on this score…

Risk Management by the Numbers: New ABA Study on Malpractice Claims — NWSidebar

Closer to Home

It is no particular surprise that Oregon mirrors the national statistics.

In 2019, the most recent year for which data is available, personal injury, domestic relations, and bankruptcy/debtor-creditor law top the list for frequency of claims in our state. They do not, however, represent the biggest payout. In fact, they don’t make the list.

If your concern is cost, look to business transactions, securities, other civil litigation, tax/non profit law, intellectual property, and construction.

Here are the details:

Don’t become a statistic

The risk of a legal malpractice claim can be greatly reduced by taking advantage of practice management resources. HOW you run your practice matters as much – or more – than the area of law you choose. Reading blogs, getting advice, and scheduling a webinar are all ways to educate yourself on malpractice traps.

Learning to manage your workflow and properly track deadlines is a must. So is managing your time. Reach out if you need help or have questions. Take advantage of PLF and OAAP resources. Getting your systems and procedures in order is the single most effective step any lawyer can take to manage the risk of a claim. This applies to those practicing in larger firms too. Your firm supplies the software and procedures, but when it comes down to managing your personal caseload that’s up to you.

All Rights Reserved 2020 Beverly Michaelis

Procrastination in the Time of COVID

procrastination31

Do you find yourself avoiding work? Feeling anxious or stressed? Dreading what you might read in emails or hear in voicemails?

You are experiencing procrastination. And possibly depression. With the upheaval COVID has brought to our lives, getting up in the morning may feel challenging.

Understanding and addressing procrastination is difficult. One of the better explanations appeared in a post on The Productive Mindset:

  • Procrastination is not a time-management 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.
  • Depression and procrastination go hand-in-hand.

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. Factor in a major life change – like a pandemic – and the stress ratchets up threefold.

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. Oregon lawyers are encouraged to contact an Attorney Counselor at the Oregon Attorney Assistance Program (OAAP) any time for help with this issue. The OAAP is free and confidential. They are an excellent resource if you are experiencing depression, which is often the real story behind procrastination.

You can read more about the paralysis of procrastination here.

All Rights Reserved 2020 Beverly Michaelis

The Stress of COVID-19

The Oregon Attorney Assistance Program (OAAP) provides confidential and free counseling assistance to lawyers, judges, and law students.

If you, or someone you care about, are feeling overwhelmed, the OAAP is here for you.

The OAAP remains open and attorney counselors are available for individual appointments by telephone or video conference. Set up an appointment today.