12 Steps Toward Fulfillment in the Practice of Law (Step 4)

In this week’s review of the 12 Steps Toward Fulfillment in the Practice of Law, we review Judge Horn’s Step 4 – Implement Healthy Lifestyle Practices. As you may recall, Step 3 was Develop and Practice Good Time Management.

Judge Horn reminds us that there is a positive correlation between lawyers who self-report a sense of subjective well-being and those who engage in certain habits or practices that are deemed “healthy.”  What are these practices?   They include regular exercise; attending religious services; personal prayer; hobbies; engaging in outdoor recreation; pleasure reading; and taking weeks of vacation. In a word, lawyers with other serious interests, those who successfully resist the “all work and no play” syndrome, also consider themselves the happiest.

This is simply common sense. Do not work yourself to death. Get a life. Develop hobbies or other serious, non-work related interests.   Lose yourself in a good book. Keep in touch with your family and friends. Take enough vacation to recharge your batteries. While these are simple ideals, they are essential if we are to achieve the kind of balanced fulfillment for which many lawyers are properly striving.

Next week, we will cover Step 5 – Live Beneath Your Means.

So you know that we are huge Bruce Springsteen fans, and so we must direct your attention to Caryn Rose’s “All 314 Bruce Springsteen Songs, Ranked From Worst to Best.” Dig in, folks, and be prepared to quibble. Of course, we would have placed “Thunder Road” at number one at “Backstreets” at number two, but that’s just us.

Five years ago this month, we published our obituary of R.E.M., which had then just announced its break-up. If you’d like to revisit that sad piece, you can do so by clicking here.

We here at Abnormal Use and Gallivan, White, & Boyd, P.A. welcome new attorneys Ashley Stratton and Jordan Crapps to the firm! Both will be working from our Columbia office.

For our favorite legal tweet of the week, we turn to the fierce debate over how many spaces belong after a period in the modern era. What do you think?

2-spacers: you don’t have to change typing habit. Just find-and-replace all 2 spaces with 1 space in final edit! https://t.co/cXfE7ZaXdl

— Jason P. Steed (@5thCircAppeals) September 16, 2016

Step 3 – Develop and Practice Good Time Management

In this week’s review of the 12-Steps Toward Fulfillment in the Practice of Law, we review Judge Horn’s Step 3 – Develop and Practice Good Time Management. As you may recall, Step 1 was Face the Facts, and Step 2 was Establish Clear Priorities.

Whatever time we spend on our work should be arranged for maximum productivity. Judge Horn suggests that there are at least five areas in which many lawyers could begin to make significant progress simply by paying closer attention. These include the following:  better planning; minimizing interruptions by phone or in person; more careful scheduling and planning of meetings; mastering the paper flow; and more thoughtful and efficient delegation.

As for telephone calls, to the extent possible, we must avoid interruptions while working on priority projects during the most productive period of our day. As far as meetings are concerned, we should make sure the purpose is consistent with our work plan. We should ask ourselves whether a meeting is really necessary, who should attend, and whether the timing is right. If preliminary analysis yields a green light, we should either prepare an agenda for the meeting, or insist that someone else prepare one and then stick to it. As for paperwork, we should touch the paper the minimum number of times necessary. We should read and deal with the paper in a time and manner consistent with our daily plan, not allowing the paper itself to become an inefficient interruption.

Finally, Judge Horn reminds us that if we live by the rule that the way to get things done right is to do it ourselves, we should just get over it. The time and energy we alone have to give, can and will soon run out. What we can accomplish by the thoughtful and efficient delegation to others is significantly less limited. Anything that can be done by others, should be done by them. Those who learn to delegate effectively will free up many of their own hours and see their productivity significantly rise.

Join us next week for Step 4 – Implement Healthy Lifestyle Practices.

I have previously written about how I became a lawyer. What I failed to include were the bumps in the road along the way.

I was reminded of those bumps when recently reading a column in The Wall Street Journal by Aaron Kuriloff. The writer recalled his own collegiate sailing career, inspired by a 43 year old who was competing for the 2016 Brazilian Olympic sailing team. He wondered if he could have somehow made the U.S. sailing team. On considering this, the writer concluded that while talent matters, persistence also matters. “In fact, it is often the factor that decides which of the most talented make the Olympic team, and which of them win medals.”

This reminded me of my own decision to become a lawyer. I first had to take the LSAT; in fact, I took it twice. My scores were not very good; I was disappointed and wondered if was making the right career decision. I sought the counsel of a Furman University political science professor, also a lawyer. He cited my excellent academic record at Furman and told me that if I really wanted to be a lawyer, that I could do it, that there was a law school out there to which I could be admitted. He encouraged me to keep at it and I did. I was ultimately accepted by three of the four law schools to which I applied, and I graduated from the University of South Carolina School of Law. No, I did not get to attend my first choice law school. But I became a lawyer and continue to practice 29 years later at the same law firm I started with in 1987.

Persistence matters.

With no headphone jack, how can we purchase the new iPhone? This is an ethical dilemma indeed!

Our editor, Jim Dedman, has planned the Mecklenburg County Bar’s second annual Halloween CLE event. Called “Ghosts, Graves, and The Occasional Murder House: A Halloween CLE,” the event takes place in Charlotte, North Carolina on October 19. For more information, please click here.

Tomorrow is the 25th anniversary of the release of Nirvana’s “Smells Like Teen Spirit” single.

How long has it been since you revisited our Stella Liebeck McDonald’s hot coffee case FAQ?

Yesterday, we published the second post in Stuart Mauney’s “12 Steps Toward Fulfillment in the Practice of Law” series. If you’ve not been reading it, we’d encourage you to do so. A new post comes each Thursday.

Last week, we began with Judge Carl Horn’s Step 1, Face the Facts. Today, we look at Step 2 – Establish Clear Priorities.

Whether single or married, and, if married with children, whether one or two of the parents work outside the home, there is a widespread sense today that there is never enough time. That is precisely why Judge Horn says that it is crucial to establish clear priorities. As someone once quipped, “If you don’t know where you’re going, any road will take you there.” We must know at least where we want to go with our professional and personal lives and prioritize our time accordingly.

To avoid regret later in life, we must realize now that the time we spend with our children will be remembered as precious and as far more valuable than money or any temporary career achievement we may have to forego. Judge Horn suggests making time with your family a top priority and to be sure your daily and weekly schedules reflect it. This does not mean that lawyers, with or without children, should not be prepared to work very hard. It simply means that if we aim to live balanced lives, lines must be drawn beyond which we are not willing to go, at least not on a regular basis.

Judge Horn reminds us that making enough money should be a priority. However, the proper priority in a balanced life, that should be given to making enough money, must not become a license for workaholism or what one commentator called a “money-centered world view.” Money is a means to an end. If balance and happiness are among our life goals, we must be vigilant not to allow money to become an end in itself.

We must learn that if we are to realize professional fulfillment, we must establish and unequivocally live by clear priorities.

Step 2 – Establish Clear Priorities.

Join us next week for Step 3 – Develop and Practice Good Time Management.

Several months ago, we here at Abnormal Use wrote about a lawsuit filed by Prestigious Pets, a Texas pet sitting company, against a dissatisfied customer over a 1-star Yelp review. That lawsuit was filed in a Texas small claims court with the company seeking damages of around $6,700 for the customers’ violations of a non-disparagement agreement. At the time, we wrote about the negative repercussions the suit had on the company’s Yelp reviews with its overall rating dropping from a 4.5 to a 3 once the news broke.Apparently, $6,700 no longer seemed like enough damages. In turn, Prestigious Pets dismissed their suit and re-filed in district court, now seeking $1 million in damages. Now, that suit has also been dismissed, this time at the hands of the court.

According to a report from Consumerist, the defendants sought to dismiss the case on the grounds that it is a frivolous SLAPP (Strategic Lawsuit Against Public Participation). Specifically, the defendants relied on the Texas Citizens Participation Act which permits defendants in cases involving free speech to seek a dismissal within 60 days of service. Under the Act, when a moving party establishes by a preponderance of the evidence that the action is based on, relates to, or is in response to a party’s exercise of the right of free speech, the case shall be dismissed unless the plaintiff can establish by clear and convincing evidence a prima facie case for each element of the claim in question. Apparently, Prestigious Pets could not make such a showing and the case was dismissed via a one page, nondescript order. With the dismissal, the company is responsible for the defendants’ legal fees per the terms of the Act.

It may be too early to tell what, if any, effects this suit and Texas media fiasco may have on Prestigious Pets. As mentioned, when we first wrote about this story, the company’s Yelp rating had taken a huge nosedive with negative reviewers voicing frustration with the lawsuit. Today, many of those reviews appear to have been removed from Prestigious Pets’ Yelp page thereby bringing its rating back up to a cozy 4.5. However, if you think the company could just erase the negative reviews and move on, think again. Now, its page is adorned with this:

Not exactly the scarlet letter any company wants to bear.

The 2016 college football season started out with a bang this past Labor Day weekend. Surprisingly, the weekend that was billed as the greatest opening weekend in College Football history actually lived up to the hype. There were numerous upsets and close calls for several powerhouse programs. See e.g., Oklahoma v. Houston, 3 ABC 15 (September 3, 2016); LSU v. Wisconsin, 5 ABC Unranked (hereinafter “X”) (September 3, 2016); Notre Dame v. Texas, 10 ABC X (September 4, 2016); and Appalachian State v. Tennessee, X ESPN 17 (September 1, 2016). There were also a few upsets involving some not-so-powerful programs that some here at Abnormal Use would contend have been, at times, unjustifiably held in higher regard due to their conference affiliations. See e.g., Southern Mississippi v. Kentucky, unpublished opinion #44-35 (September 3, 2016); and South Alabama v. Mississippi State, unpublished opinion #21-20 (September 3, 2015).

Before getting into the highly anticipated Battle on the Plains between the Tigers of the ACC and the Tigers / War Eagle of the SEC, let us go back to how the college football season and highly anticipated opening weekend kicked off. While we would not go so far as to say Thursday night’s season opener for USC, excuse me, Carolina, I mean, South Carolina did much to prepare us for the excitement that was to follow, we here at Abnormal Use must give credit where it is due. Under the leadership of new Coach Will “Boom” (see https://www.youtube.com/watch?v=JZSy2JH8iu4 for further information regarding the origin of the nickname) Muschamp, the Fighting Gamecocks of South Carolina downed the Vanderbilt Commodores; thanks in large part to a booming, no pun intended, 55 yard game-winning field goal supplied by South Carolina’s adorable golf enthusiast kicker, Elliot Fry (see http://thebiglead.com/2016/09/02/south-carolina-kicker-elliot-fry-talked-golf-on-sportscenter-after-game-winning-kick/).

Then came the main event, Clemson versus Auburn under the lights at Jordan-Hare Stadium. Despite the immensely high expectations for Clemson’s offense, led by pre-season Heisman front-runner, Deshaun Watson, it was never easy for Clemson’s offense, as they could only muster 399 yards—79 yards less than Deshaun Watson accounted for alone the last time this offense took the field in the National Championship game against Alabama’s juggernaut defense. Despite the struggles on offense, there were certainly bright spots for the Clemson offense. Mike Williams, in his first game back since suffering a cervical fracture on the opening drive of the 2015 season, amassed 174 yards on nine catches. The little walk-on that could, Hunter Renfrow, again stepped up in the clutch, when he hauled in a spectacular touchdown reception at a critical moment in the fourth quarter. Then there was Wayne Gallman, who somehow managed to quietly gain 123 yards on 30 carries.

The real hero in this game, however, was Clemson’s defense. For the second straight year, Brent Venables’s unit outperformed its national expectations, holding Auburn’s traditionally powerful rushing attack to a meager 1 yard rushing in the first half of play. A large part of Clemson’s success on defense was due to terrific defensive line play. True freshman behemoth, Dexter Lawrence, who stands 6’5” and weighs 340 pounds, recorded five solo tackles, including a sack. That is not to say the defensive line is the only group that came up big down the stretch for the Tigers. Clemson’s brash linebacker, Ben Boulware, intercepted an Auburn pass deep inside the redzone with only six minutes remaining to hold Clemson’s lead at 19-13. Unfortunately, however, Clemson was not able to capitalize on offense, which resulted in Auburn regaining possession at Clemson’s 36 yard line. After incurring a costly roughing the passer penalty on 3^rd and 10, Clemson surrendered a nine yard touchdown run the following play.

With just 3:22 remaining on the game clock, many felt the Tiger offense would be able to run out the clock, especially after Auburn was ultimately forced to burn their timeouts. In an uncharacteristic mistake, however, Wayne Gallman went out of bounds on a 3^rd down run play. This resulted in Clemson being faced with a 4^th down with roughly 40 seconds remaining. Considering the Tigers were well within field goal range, your humble author was quite surprised when Clemson elected to go for it on 4^th and 5. As it unfolded, the unsuccessful 4^th down attempt resulted in Auburn taking over on their own 15 yard line with no timeouts and exactly 40 seconds remaining. In the words of Ricky Ricardo, it also resulted in Dabo Swinney having some splainin’ to do to his fan base after the game.

When it was all said and done, Auburn was able to strike fear in the hearts of the Clemson faithful everywhere, not once but twice with two Hail Mary passes into the endzone. Fortunately, however, both attempts fell harmlessly to the ground. Thanks be to Jadar Johnson. When the dust settled on this weekend of upsets, Clemson was the only top 25 team to come away with a win in a true road game that was not on a neutral site. While this is great news for some of us here at Abnormal Use, suffice it to say that there is little doubt anyone was more relieved when the final whistle blew than one unknown bettor at the William Hill sports book in Lake Tahoe, who laid $122,000.00 on Clemson defeating Auburn Straight up. Because Clemson was a heavy favorite, the brazen bettor won $38,125.00, which amounts to only a little more than 30 percentof the wager. No doubt, he or she is happy with their decision not to play the money line.

Yesterday, we ran “12 Steps Toward Fulfillment in the Practice of Law (Step 1),” the first of a twelve part series by our own Stuart Mauney. That’s right, a 12 part series! Come back each Thursday for the next two months and we’ll keep you posted.

Are we the only one’s that don’t hate Jefferson Starship’s biggest single?

Did you see that Lindsay Lohan’s lawsuit against the makers of Grant Theft Auto was dismissed? We previously wrote about the suit here and here.

Of course, we are saddened by the death of beloved actor Gene Wilder. We can’t even begin to speculate how many times we saw Willy Wonka and the Chocolate Factory in the 1980’s Just as Michael Keaton is our Batman, Wilder is our Wonka. Rest in peace, Mr. Wilder.

We know lawyers are especially vulnerable to depression and substance abuse disorders. So how do lawyers avoid those problems and achieve a balanced life and fulfillment in the practice of law? In 2003, the ABA published a book, Lawyer Life – Finding a Life and a Higher Calling in the Practice of Law, written by the Honorable Carl Horn, III, a former U. S. Magistrate Judge in North Carolina, now in private practice in Charlotte, North Carolina. After examining the profession and its various problems, Judge Horn set forth “12 Steps Toward Fulfillment in the Practice of Law,” which is based on choices that an individual lawyer can make to enhance professional fulfillment. For the next twelve weeks, we will discuss each step in the 12 Steps offered by Judge Horn.

Step 1 – Face the Facts

Every 12 Step program begins with an exhortation to those in the targeted group to acknowledge their need. In the current context, perhaps one would say, “I’m a lawyer who went to law school, or began practice with high ideals, intentions to live a balanced life, and all that, but now …” By honestly and openly asking the right questions, we increase our chances, or take the first step, toward a balanced, fulfilling professional life. Are we emotionally healthy? Are we satisfied with the key relationships in our lives? When we look back on these years, will we be pleased with our priorities as evidenced by how we actually spent our time, or will we regret not having spent more time with our family and close friends? In short, do we feel good about where we are professionally and personally, and where our life appears to be going?

Let honesty be the rule here. We must face these facts on a regular basis if our lives are to remain balanced and on course. Lawyers who do not ask these questions, who fail to engage in periodic introspection, are more likely to experience what has been described as “the lingering feeling of emptiness despite material success.”

Step 1 – Face the facts.

Join us next week for Step 2 – Establish Clear Priorities.