SINK OR SWIM — “Succeed or fail.” Many young lawyers begin practicing law eager to succeed.
Where did the term sink or swim begin? The phrase “sink or swim” began in the 14th century, and for some time thereafter, it was ‘float or sink. This term reflected the fact that few people learned to swim at that time. They believed that success depended on fate. Once they tossed someone into the waters, the skill had nothing to do with success.
If a young lawyer is among the lucky law school graduates to be hired, they jump into the waters. The new employee receives instructions. They make sure not to ask too many questions because they don’t want to appear stupid. They get an overall picture of the tasks and then try their best to figure it out.
A good lawyer finds out how to swim in what may feel like shark-infested waters. By using their competence, intelligence, and often heroic efforts, they stay afloat.
Know That It Is Not Fair
A young lawyer’s success might often depend on how hard they work. There are also many factors like one’s background, quality of education. The bottom line is that the “swimmers” work long hours; they grind and learn how to figure things out. Having a good mentor is a game-changer.
Far too many are struggling and do not receive the support that they need. These lawyers are expecting and expected to fail. Senior lawyers may look for signs of weakness. Once they decide that a young lawyer can’t swim, it is a matter of time. Either they leave, or they are fired. Unfortunately, a large percentage of women and minorities go in-house or strike out on their own.
The Secrets
The struggles are supposed to be a secret. Young solicitors feel unable to open up about the pressures they’re experiencing. They cannot confess the negative toll this is taking on them. They suffer silently, both physically and mentally. To be well thought of by their seniors, these young attorneys display a chipper and enthusiastic front.
The deadlines, billing targets, and partner demands keep piling up. These associates are more willing to bend (or break) the rules. They will break themselves down mentally and emotionally. However, they cannot speak out against the often ruthless culture they find themselves drowning in.
In the current legal culture, a large percentage drown. The law firm or senior lawyers, often Baby Boomers, shrug it off. “They were too soft.” or “They were too lazy to pay their dues.”
These drowning attorneys find themselves among the “shamed.” They succumbed to mental health problems. Depression, anxiety attacks, chest pains, alcoholism, or drug addiction won.
Is Help On The Way?
To make matters worse, the recent report published by the American Bar Association spelled out the problem. A special committee, The Task Force For Lawyer Well-Being, asked firms to take the pledge. The pledge was to make radical changes to save these lawyers. Yet, too many “old school” lawyers shake their heads, “Why are these younger lawyers so weak?”
Young lawyers feel worn out. They say things like:
“I am drinking more than I should,“
“My targets are overwhelming.“
“My migraines are crippling my productivity,“
“My depression and stress is winning,“
“I don’t feel like I can ever say no, even if what they are asking seems impossible.“
The truth is that the legal profession is a business. Firms are all too ready to build their firm’s profits on the backs of young attorneys. These young attorneys are eager to succeed despite the sacrifices. They had believed they could succeed, but now they are overwhelmed.
Multi-Generational Intervention Needed in Law Firms
While many Baby Boomer lawyers make a nodding gesture that practicing law can be brutal. Still, they sneer at any young lawyer who complains. When they quit, it costs the firms thousands of dollars. The firm chalks it up the failure to the lawyer who left. They never look for what they can change to retain their employees.
The Task Force, with the backing of the ABA, keeps raising awareness about the importance of mental health. They would like to see employers do more to address the long hours and heavy workloads. However, law firms are scrambling, especially with a pandemic that compromised the firm.
But the sad reality is unless the profession collectively stamps out its “sink or swim” culture, young lawyers will continue to sink.
What’s even sadder is that many will have been metaphorically drowned.— Drowned by a profession that they loved and worked hard to become a part of.
Email me at pamela@pameladeneuve.com
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