“Hen?” Why not? I wish to speak about a topic many people within the authorized occupation are afraid to debate: worry. As legal professionals, our work could be aggravating, leaving us gripped with worry. This have to be a related subject, as with my look at a thesaurus, I be aware that there are no less than three synonyms for worry starting with the simply letter “a” alone—specifically “anxiousness,” “alarm” and “angst.”
Can an exploration of worry assist us in our practices? Napoleon, in describing army genius, stated one thing like: The true genius is the one “who can do the typical factor,” when these round him develop hysterical with emotion and fright.
And isn’t litigation a kind of warfare? As legal professionals, we’re troopers. We don’t truly get conscripted. It’s not like the federal government sends legal professionals a draft discover ordering us to defend Harvey Langley within the divorce motion began by his spouse, Mabel. We’re extra like mercenaries—nonetheless troopers. And right here in Canadian courts, we even put on uniforms, donning black robes and white tabs. In England, the barristers (or trial legal professionals) additionally sport these wigs. I can see how this bellicose apparel can serve to terrify the enemy.
In our routine as litigators, we present up day by day figuring out that we’re in for a battle. We regularly hear the remark: A trial will not be a tea celebration. Then once more, some trials may certainly remind us of a tea celebration, specifically Alice in Wonderland’s tea celebration with the Mad Hatter.
As soon as, in prison court docket whereas ready to be referred to as, the case earlier than mine concerned some firearms offense. The decide, having a repute for being erratic and weird, took maintain of the pistol in query—Exhibit C—because the defendant was testifying and began enjoying with it, seemingly oblivious to the testimony of the witness. The protection counsel stated to the decide: “Your honor, I see you analyzing this gun meticulously, and I’m not certain you’re catching the entire proof.”
The decide grew to become furious and adjourned the case, telling the lawyer that he was contemplating charging him with contempt. The decide jogged my memory of the Mad Hatter and of the Queen of Hearts, who goes round shouting, “Off with their heads!” The insanity of some judges can actually generate worry in legal professionals. I’m certain that poor lawyer felt angst. Massive time.
We’ve got different sources of worry. One is lacking limitations or procedural deadlines. A typical one right here in Ontario is the 2 years that somebody has to subject a declare post-accident. Although we’re repeatedly urged to ascertain an excellent tickler system, some legal professionals nonetheless miss limitation dates. Or they virtually miss them however elevate their blood stress by catching it on the final minute.
Toronto’s time zone is Jap Customary Time, like say, New York. Nevertheless, the western Ontario metropolis of Kenora is within the Central time zone, like say, Chicago. A lawyer from Kenora as soon as spoke at a seminar right here in Toronto and advised us that he typically will get frantic calls late within the afternoon from EST legal professionals, who notice that their claims are of their eleventh hour. They supply primary particulars of their case, and the Kenora lawyer has that further hour to get the declare finished and issued at his native courthouse, ergo saving their butts. Phew!
I truly took his enterprise card—solely to maintain it pinned on the corkboard in my workplace the place I acquire humorous cartoons. It usually served to remind me to not go away necessary issues to the final minute. I truly scribbled on it a picture of a personality with a halo and wings. It added to the chuckles that the cartoons gave me to ease tensions.
That will get us to purchasers. Can they strike worry in a lawyer? Really, they could be a larger supply of worry and stress than different sources, together with mad judges or procedural hurdles and even nasty lawyer opponents.
I might usually worry that my shopper would blow the case. For instance, in making ready for a private harm examination for discovery, additionally identified in some components as a deposition underneath oath, we might instruct the shopper to be conservative when requested how extreme that their signs had been on a scale of 1 to 10. On the workplace rehearsal, the shopper would say one thing like a 6 to an 8. However, on the examination, when requested, many purchasers would blurt out an unsightly three letter phrase: The quantity 10. Typically, they’d one-up this reply when requested whether or not they ever felt higher for the reason that accident, replying emphatically: “By no means.”
Provided that charges on these recordsdata are on a contingency proportion foundation, I might really feel like I used to be personally writing a test from my pocket to the insurance coverage firm.
Are there methods of coping with these aggravating fears? Some literature means that anxiousness is commonly attributable to catastrophizing a state of affairs. If an occasion makes you’re feeling like your case is sinking just like the Titanic, simply say to your self one thing like: “Not the top of the world. Worst-case state of affairs: It’s solely cash.” Does that assist? It would to a sure extent, however I’m not so certain how nicely that works when it’s your cash. My temper would begin going south when, as soon as once more, I might see myself writing out that test to that insurance coverage firm.
Then there are the classical bromides of solace, together with prases corresponding to: “The whole lot occurs for a cause.” It sounds OK till you ask: “Why is it occurring to me? Give me an excellent cause.”
Taking a brisk stroll could be useful to interrupt the worry sample. I might usually saunter out for a half-hour or so after lunch, at occasions strolling by a close-by previous cemetery. Other than benefiting from the train, I discovered it a soothing change to go from studying nasty threatening emails to scanning a few of the inscriptions on the tombstones.
I spotted that in contrast to the occupants of this venue, I nonetheless had decisions. This expertise helped clear my head a bit. That is necessary, as with a transparent head you possibly can maybe “do the typical factor,” like Napoleon stated. Or for those who’re in a pickle, you may simply take into consideration calling that lawyer in Kenora.
As legal professionals, we’re engaged in battle with a colleague who additionally thinks they’re proper. Can we banish worry? I’m not certain whether or not we are able to accomplish that 100%. However do we have to banish it completely? Maybe we are able to take some consolation within the clever phrases of Mark Twain, who stated: “Braveness is resistance to worry, mastery of worry—not absence of worry.”
The underside line? it’s OK to typically really feel “rooster.”
Marcel Strigberger, after 40-plus years of training civil litigation within the Toronto space, closed his regulation workplace and determined to proceed to pursue his humor writing and talking passions. His just-launched e-book is Boomers, Zoomers, and Other Oomers: A Boomer-biased Irreverent Perspective on Aging. For extra info, go to MarcelsHumour.com and comply with him at @MarcelsHumour on Twitter.
This column displays the opinions of the creator and never essentially the views of the ABA Journal—or the American Bar Affiliation.
