Q: I am a California lawyer, going on 15 years, in good standing. I will no longer handle any litigations. Transactional work and counselling are fine. Litigation was just far too stressful. You’re a litigator — how do you manage?
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J.R., Redondo Beach
A: Most jobs (if not all) come with a level of stress. My lawyer experience is that some litigation matters are more difficult than others. It is not all stress by any means. Litigation work can be engaging and even fun. The cases and situations where the stress can be heavy involve a critical outcome, pressing deadlines, a difficult fact situation, and/or challenging client, lawyer or judge.
Some of my colleagues are adept at dealing with the ups and downs of litigation. A friend of mine for many years, Josh, gives himself “24 hours to mourn” if he loses a case. Then he gets back at it. Resilience is not the norm for everyone, but it comes in handy as a litigator — let alone in life itself.
I try to maintain a balance, and make sure to have a life outside the practice of law. So I try to take time to “chill,” to enjoy, to relax, to have fun. I do not live to work. I like working, actually, but all work and no play … not healthy, not recommended. If the bad stuff follows me home, I try to fend it off.
Questions that come to mind here: Is litigating that different from a police officer in the field? One distinction — we probably are not putting our lives on the line. Is it akin to a doctor in surgery? Yes, at times, but not most of the time. Is it similar to a baseball player batting at a crucial moment in the game? What if he or she strikes out? The hope is there will be another opportunity at the plate.
Bottom line, we make choices as to what we do, and how we do it. You made a choice that works for you, and that is commendable. I know litigating comes with stress, at any given time. I try to plan for it, keep perspective, and stay resolute. Granted it is not easy.
Q: What’s more difficult, more stressful for you — trying to make a living, or handling a trial?
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S.S., Walnut
A: Even after 40 years of lawyering, I still worry about whether the phone will ring, but that is not as big of a concern as it was when I hung up my shingle “back in the day.” So, of these two choices, handling a trial would be the more challenging.
Trial is “do or die”; win or go home. The other side is relentless. There are unpredictables — from what is admitted into evidence to the Judge’s rulings to the jury if one is seated. Traffic to and from the Courthouse can add to the “fun.”
Trying to keep up with other matters, eat reasonably well, sleep OK, all can be far more difficult than otherwise. That said, I sure do not take for granted the blessing of having clients and the privilege of having good work to do.
Lawyer Assistance Program
The State Bar’s Lawyer Assistance Program helps current, former, and disbarred attorneys; law students; and State Bar applicants who are dealing with stress, anxiety, depression, or mental health and/or substance use issues affecting their personal and professional lives. The program provides both voluntary confidential services and monitored services as needed. The link: calbar.ca.gov/legal-professionals/legal-resource-center/lawyer-assistance-program
Ron Sokol has been a practicing attorney for more than over 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.
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