Keeva's Column #2

But is it Realistic?

When you write a book on transforming the practice of law, you run into a certain amount of resistance. It's hardly surprising.

What is surprising, at least to me, is how little of it I've actually encountered since the publication of Transforming Practices: Finding Joy and Satisfaction in the Legal Life last September. I speak regularly to bar groups around the country, and I've found very few attendees out to explain why, although I may be well intentioned, my "solutions" are doomed to failure.

It seems that the hunger for change and for new, more satisfying ways to practice law is so strong right now that the usual catalog of reasons for dismissing unconventional ideas has largely been put aside. At least long enough to give those ideas a fair hearing.

But one concern has arisen on a number of occasions. It's the notion that the legal culture in this country is so inimical to emotional and spiritual health that it is nearly impossible to find real fulfillment in the profession.

It's a valid concern. And it's hard to deny that there are some situations that offer so little room for growth and authenticity that only the chronically masochistic stand a chance of finding any pleasure. But such circumstances exist in every field.

The truth is that lawyers tend to overlook what they can do unilaterally to improve their professional lives.

This issue was confronted head on -- specifically in reference to my book -- in a recent edition of Headnotes, a publication of the Dallas Bar Association. "The question remains," the columnist wrote, "as to whether these practices can be followed by the majority of lawyers in the real world, winner-take-all practice that seems to have evolved in our profession." He went on:

Perhaps a more relevant question today would be, "Can the first- Year associate being paid a large salary and expected to bill over 2,000 hours per year find happiness in his or her legal life?" Let's take a look at just a couple of thoughts described by Mr. Keeva in his book and see.

The thoughts he lists come from a chapter titled "The Mindful Practice" and concern some of what Florida plaintiff's attorney Warren Anderson tries to keep in mind while he's working on a case:

• "The essential beauty of life, and the fact that handling this particular case is why he went to law school;
• That accepting representation of another human being is a serious commitment and should always be treated as such;
• That it is important to always try to see the situation from the other side's point of view;
• That both the case and his clients interconnect with the larger web of life;
• And that the situation calls for humbleness, restraint, and compassion, even while he is zealously representing his client within the law."

Are these ideas relevant for the associate in question? Here's the columnist's conclusion:

"Think about it. Is it not possible for these mindful concepts to be put to practical use in all types of cases, whether we are representing individuals or institutions and whether we are the first-year lawyer or the senior rainmaker at the firm? Remaining mindful of these concepts can increase our professionalism, reduce our stress, and provide necessary balance to our professional and personal lives."

As you check out this website see if you can't find exercises, concepts and ideas that will make a difference for you regardless of your work setting.

Complaining about the culture serves a purpose. After all, attention must be paid to systemic problems that contribute to lawyer dissatisfaction. But at some point, you'll almost certainly find yourself confronting the yearnings of your own heart, and wondering what can be done at that level to transform your practice. The answer, I'm pleased to say, is "plenty."