Some people enter the legal profession because they are truly passionate about the law. I’m sure all of us know individuals who genuinely love practicing law, and not to sound disingenuous, but I definitely count myself among these lawyers. Many people enjoy the advocacy, research, and writing involved with being a practicing attorney.
However, there are also a number of lawyers who simply go through the motions in their jobs as lawyers. Most people just work to pay the bills, and many attorneys view their jobs as 9-to-5 gigs about which they are not passionate. This phenomenon is found in every industry, and most people work jobs that they are not enthusiastic about simply to make a living.
Even if attorneys were once passionate about the law, it is also easy to get burned out in the legal profession. Constant conflict with adversaries, clients, and coworkers can take a toll on even the most hardened attorneys. Furthermore, most lawyers handle repetitive matters, and it is easy for numerous lawyers to fall into a routine without making any extra effort. Many firms also squeeze their attorneys to bill more hours with fewer resources in order to compete in the competitive legal market. All of these conditions can burn out overworked attorneys, and in many ways, the burnout plaguing lawyers is similar to the stress experienced by physicians, teachers, and many other professionals.
Of course, none of this information is new to many people within the legal industry. We all know how grueling legal work can be and are aware of the challenges many attorneys face. However, what may be less clear is that lawyers can use this understanding about the legal industry to better serve their clients. Knowing that most attorneys simply do the minimum when working on matters, and will likely not put in much extra effort, can give lawyers valuable perspective when facing off against adversaries.
For instance, at several points in my career, I have been involved with cases that could have been easily dismissed because of prior releases, service of process issues, and other matters. For some of these cases, other attorneys have refused to get involved with these matters, because they were nervous that the cases would be subject to a motion to dismiss or summary judgment motion, and the cases would be dismissed. Of course, some attorneys do not want to handle matters that might require more work than normal, and dealing with a dispositive motion can greatly complicate a case.
However, motion practice can be time-consuming, and many attorneys do not go the extra mile by filing motions, even if a case could be dismissed because of a well-researched motion. Indeed, motions to dismiss often need to be filed within a short time period, and attorneys sometimes do not have the time nor the willingness to file such motions. In addition, summary judgment practice can be extremely exhausting, and it is often difficult to assemble all of the exhibits and papers necessary to file such a motion. It can also can take a substantial amount of time and effort to be apprised of all of the facts of a case, so some attorneys simply do not have enough information about a matter to effectively file a dispositive motion.
On several occasions in my career, remembering that many attorneys are underpaid and overworked has given me valuable perspective about litigation. As a result of this understanding, I have accepted matters and formulated case strategies based on the belief that my adversaries would likely not devote extra energy to litigating a case. This perspective has benefited my legal work, since I have conserved resources and provided advice to clients based on what I expected my adversaries would actually do in litigation instead of simply discussing my adversary’s options in a given case.
I do not mean to fault any attorneys for not devoting their full attention to their matters. As I know firsthand from working at a number of different law firms, attorneys are often overworked and demoralized in many roles. In addition, working for someone else can eliminate a major incentive to give one’s all to their job. One of the reasons why Biglaw firms have many advantages is because these shops pay employees more money and can expect their attorneys and staff to devote more energy to their matters. In addition, now that I run a law firm with my brother, I see how reaping more benefits from good representation can incentivize attorneys to work harder.
However, it is undeniable that many attorneys, like people in other fields, are not too passionate about their jobs, and usually just devote a minimal amount of effort to get by. If attorneys apply this understanding to their work, they can better strategize for the benefit of their clients.
Jordan Rothman is a partner of The Rothman Law Firm, a full-service New York and New Jersey law firm. He is also the founder of Student Debt Diaries, a website discussing how he paid off his student loans. You can reach Jordan through email at jordan@rothmanlawyer.com.