LAW PRACTICE TIPS

Taking a Charge By Jim Calloway

With the that a charging 250-pound fall over voluntarily back- Thunder NBA franchise now in athlete is about to level you. wards, trusting on other partic- our state, many Oklahomans ipants in the exercise to catch Obviously, this is not a play are now a lot more familiar them and lower them gently to for the faint of heart. Falling with the rules and practices of the floor. over backwards onto a hard- professional . wood floor is not something So, what possible reason For- most of us would willingly could I want to write a law ward/ Nick Collison is want to do, whether or not we practice tips column about a quite versed at taking a charge. were assisted by the charging basketball maneuver? One rea- For those of you who are not athlete. In fact, a popular team- son might be that this column familiar with the game, taking building exercise is a trust exer- was written during NBA play- a charge is a situation where a cise, where people close their off season, and there is a lot of defensive player gets planted eyes and allow themselves to excitement about the playoffs solidly in position in front of around here. an offensive player with the Actually, taking a hard ball who is usually “charging” charge is an apt metaphor for towards the basket. If the what a lot of attorneys find maneuver is successful, the themselves having to do very defender gets run over and frequently. A lot of the stress knocked backwards by the associated with the modern offensive player, but the referee practice of law is that lawyers will call an offensive foul creat- often have to metaphorically ing a turnover. (If the offensive “take a charge” on behalf of player scores, the basket will their clients. not be counted.) Many legal matters are quite Doing a Google search for stressful, and the participants, ‘taking a charge in basketball’ and sometime their counsel, yields an amazing 44 million can get emotionally engaged. plus hits. There are videos to watch, coaching exercises and I recall, when I had been all sorts of information about working at the OBA for a cou- this sacrificial basketball play. ple of months, someone asked Taking a charge is not limited Falling over me what the major difference to the pro ranks, we see this at was between working for the all levels of basketball. But the backwards onto a bar association and practicing power of pro players exceeds law. Without even thinking that of youngsters playing in hardwood floor is not about it much, I shot back, middle school. There is, with- “Well here, hardly anybody out a doubt, a certain mental something most of us ever calls to scream at me or toughness involved in accom- curse me.” plishing this maneuver. It takes would willingly want concentration to stand abso- While the response was lutely still, with the intention intended to be humorous, the to do… sad truth is the screaming call

1278 The Oklahoma Bar Journal Vol. 83 — No. 14 — 5/19/2012 is not an infrequent event for in a very unforgiving way. lawyers. … we should Obviously there are different ramifications between failing to Generally speaking, most all remember that file before a statute of limita- matters that justify a lawyer’s tions date passes and a settle- attention are fairly high-risk, the practice of law ment package proposal that high-reward, and there will fre- goes out a day later than prom- quently be some stress associat- is a stressful ised. But it is still easy to beat ed with it. yourself up over any minor Family lawyers are often profession, and we failures. It is sometimes easy to used as the example of lawyers convince yourself that you only who deal with stress and con- should all endeavor have two standards of care — flict on a regular basis. In fact, perfection and malpractice. I once heard a family lawyer not to make it So, a primary of this describe her practice as “pri- article is that, we should all marily conflict management.” more so. remember that the practice of People have intense focus and law is a stressful profession, strong emotions where their Unpleasant and direct conver- and we should all endeavor marriage and children are sations are often part of the ter- not to make it more so. Some- involved. Some can be just as ritory. We’ve all had to deal times, this will involve recogni- emotionally committed to their with lawyers who have a hard tion of our own weaknesses retirement plan or stock bro- time maintaining their deco- and attempts to do better in the kerage account. So the stress rum and civility when they way we deal with others. Other that a typical family lawyer are stressed or angry. times it will involve gently might have to endure might reminding opposing counsel seem to be greater than the A distraught client calls, very that there is no need to raise angry about what the other stress of a lawyer who does their voice in a conversation side has just done. It is easy to primarily real estate title exam- between two professionals absorb that anger and pass it inations. But I would imagine about the law, the facts and along to others, like opposing that having to break the news each client’s best interests. to a couple that they are not counsel, particularly when you going to be able to close on had advised the client that this One of the challenges of their dream home on the date action was prohibited by a our profession is burnout. This they intended carries a certain court order. As lawyers all particular column was not amount of stress as well. understand, while there may prompted by the NBA playoffs, be consequences for willful although the author shameless- We hear a lot of discussion in violation of court orders or ly admits that starting with the our profession about the lack of injunctions, they do not serve NBA was perhaps seen as a professionalism and civility. No as self-enforcing mechanisms. good way to entice a few more one likes to deal with an angry Parties will still behave as they readers into starting to read the lawyer and, with rare excep- wish, and it is often a part of article. tions, no one wants to be an being a good counselor at law The real motivation for this angry lawyer either. Lawyers to convince the client not only column was an excellent article get to receive a lot of emotions that the court has ordered a that appeared in the May-June, and, sometimes, anger during certain action or lack of action, 2012, issue of Law Practice Mag- the course of doing their pro- but that complying with that azine. I would strongly recom- fessional duty. Society as a court order is not only the right mend all OBA members read whole often seems to involve thing to do, but better for the “Burnout: Avoidable, Not Inev- more tough talk these days. It client’s long-term interest. is easy for even the best lawyer itable,” by Meloney C. Craw- to lose his or her temper when Most lawyers can generate ford and Douglas S. Querin, frustrated by improper actions their own stress internally, two attorney counselors with without outside intervention, the Oregon Attorney Assistance or a perception that an agree- in any event. We all give lip Program who counsel lawyers, ment has not been honored. service to the truism that no judges and law students on Most lawyers greatly enjoy one is perfect. But the law mental health, addiction, and their work and their profession. seems to expose imperfections stress related issues. You can

Vol. 83 — No. 14 — 5/19/2012 The Oklahoma Bar Journal 1279 find the complete article online 2. Reverse the tide by reduc- care of yourself or you will not at http://tinyurl.com/6vcanf5. ing your stress and seeking be able to take care of your cli- support ents — and your family. We’ve all heard the phrase “burnout” used at various 3. Find resilience by building If you are truly suffering times and in various ways. But up your “stress hardiness,” from stress or you feel like you it is true, according to the arti- by developing physical, are headed for burnout, then cle, that burnout in the legal emotional, and spiritual call the OBA Lawyers Helping profession is greater than that resources. Lawyers crisis hotline, a strictly of many other professions. The confidential program that is More helpful information is textbook definition of burnout professionally staffed by quali- contained in the “Burnout” basically involves the stress fied counselors. They can be article. that results between job reached at 800-364-7886. demands and resources, con- We lawyers often perceive Mr. Calloway is director of the trasted with the results that an the primary cause of our job OBA Management Assistance attorney demands of him or stress as having too much to do Program. Need a quick answer to herself. The authors outline a and not enough time to do it. a tech problem or help resolving a three-step process to coping But having too many unpleas- management dilemma? Contact with burnout, or burnout on ant, loud conversations, argu- him at 405-416-7008, 800-522- the horizon. ments and negotiations is likely 8065 or [email protected]. It’s a free a more significant cause. Some- These steps are: member benefit! times we cannot do much 1. Recognizing the situation about the stress that we and the signs leading up receive. What we can do is deal to it with our response to it. Take

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1280 The Oklahoma Bar Journal Vol. 83 — No. 14 — 5/19/2012