Work-related stress often increases for attorneys sharply during trial. This raises questions – and perhaps an opportunity. What do attorneys do at trial to mitigate increases in short-term stress? Could those practices help attorneys elsewhere in the profession? And, if so, how?
We have all heard by now that job-related stress is common within the legal profession. An individual's stress-load, however, is rarely static. It ebbs and flows as work demands come and go. Take trial, for example. Work-related stress often increases for attorneys sharply during trial. This raises questions – and perhaps an opportunity. What do attorneys do at trial to mitigate increases in short-term stress? Could those practices help attorneys elsewhere in the profession? And, if so, how?
Because May was mental health awareness month and begins with Well-Being Week in Law, it was only natural that the subject would be on my mind while at trial this past May, having been involved first-hand in efforts to promote well-being in the profession over the last several years. I decided to lean into it and conduct some informal “field research” on stress management. The plan? Observe and gather information about how people at trial adjust to stress and deal with unavoidable, unexpected ups-and-downs. The result? It appears the trial setting inherently provides certain stress management strategies, described below, that all attorneys might consider using.
1. Regular breaks and physical movement
At trial, the schedule each day is dictated mostly by the court and includes regular breaks in the morning, for lunch, and in the afternoon. In addition, going to and from court, navigating security lines at the courthouse, and shifting from one task to another provide a reprieve from the usual grind. Attorneys may have little control over these interludes, but they appear helpful from a stress-management perspective. Time and time again during trial, it was readily apparent that these breaks give people a chance to collect themselves and check in with one another about how they're doing. They also allow, if not force, attorneys to get up, move around, and stretch their legs. Based on first-hand observations and discussions with others, these breaks help people feel fresher and more even-keeled. One possible conclusion thus seems evident. Regular breaks with movement and conversation may help reduce stress.
Despite the potential benefits, when left to their own devices, attorneys often decline to take scheduled breaks like the ones that occur during trial. Instead, we seek to squeeze the most into each day. Are there ways to change this? Scheduling breaks and then setting reminders are easy enough. The necessary technology is at our fingertips. But these steps are just a beginning; we also must follow through with our plans. Doing this might be easier if we remind ourselves about the benefits of breaks and take a moment to appreciate them when we take one. We also might start by taking shorter, less frequent breaks – perhaps when we're not as busy – and try to develop it into a regular practice. We also might also rely on others to keep us accountable – which brings up another observation about stress management during trial.
2. Connection with other people
Developments within the legal profession – such as technology, increased specialization, and national and global practices – have reduced the amount of face-to-face contact that attorneys have with one another. This detachment, which stress sometimes will exacerbate, can take a toll on a person's mental health.
The potential for disengaging is limited considerably, if not eliminated altogether, during trial. Attorneys work side-by-side, as a team, on projects conceived and executed by multiple people. From a mental health perspective, this is not a bad thing. Working with other people helps mitigate the harmful effects of stress and fosters overall well-being. Observations and conversations with people at trial in May back this up. Time and time again, interpersonal communications not only generated ideas and got projects finished more quickly, they helped lessen stress and anxiety by giving people an opportunity talk through what was impacting them.
Like breaks, however, interactions with others often do not occur as frequently when attorneys are not at trial. But it wouldn't be difficult to increase the frequency of such communications. One approach would be resisting the impulse to send an email and to speak to the would-be recipient instead – in person, on the phone, or by video. In addition, if connecting with a co-worker is not an option, we can look for people to talk to about something unrelated to work. And again, a person can start slowly when increasing the connection with others.
3. Acknowledging stress
Attorneys may sometimes downplay the stress they're under. Vulnerability, however, can sometimes open the door to more effective stress management. Acknowledging stress is often an important first step toward addressing it and invites others to share in and alleviate a person's demands. Observations and experience during trial demonstrate these concepts. Trial teams not only share many work-related burdens, they are more likely to talk about a particular event or task that they perceive to be stressful. As one might expect, observations and conversations during trial suggest that these disclosures may in turn help to lessen the stress response. They also make it easier to reframe one's stress as anticipation or opportunity, rather than a threat, which in turn helps to alleviate the impact of that stress.
4. Setting priorities
Every attorney can relate to being pulled in multiple directions. Trying to balance competing obligations is not only challenging, it often gives rise to additional stress. Working through these situations forces us to prioritize demands and set boundaries that are firm enough to ensure everything receives the attention it deserves. This is more art than science, but the approach by attorneys at trial again offers insight into how this can be effectively accomplished.
When a case goes to trial, attorneys usually can make that case their primary focus. This doesn't mean other responsibilities cease to exist. Instead, attorneys take stock of their various obligations, delegate certain things to other people, take care of other things ahead of time, or reschedule matters than can be postponed. When done in advance, these efforts rarely face significant resistance. People within the legal profession tend to appreciate the difficulties of tending to outside matters during trial.
Without an approaching trial, we might be less inclined to take steps to prioritize competing work, even when completing everything on our to-do list is just as onerous. But there's no reason that we can't apply the same basic strategies referenced above –planning ahead, identifying competing obligations that can be reschedule or reassigned, and tackling things in order of their priority – in the ordinary course as well.
5. Meaningful work and gratitude
One more observation about work at trial. Attorneys often offer and receive more immediate feedback at trial. For one thing, almost every task has a short deadline and usually has a direct impact. In addition, expressions of gratitude tend to be more frequent and direct in a trial setting, since the entire team is working closely together, and people thus tend to feel more appreciated. Feeling appreciated and working on meaningful projects may in turn reduce work-related stress. Such feelings were frequently reported during the trial that prompted this article and have been observed during other trials as well.
The accelerated feedback and open expressions of gratitude are at times more elusive away from trial. Many cases take years to reach a resolution. As a result, an arduous, time-consuming project might have no impact for a long time. Consider, for example, an associate-drafted memo addressing a complex affirmative defense. It may be years before this defense is actually litigated on the merits (if that happens at all), leaving a sense of closure wanting. Under the circumstances, it may be important for attorneys to find meaning in their day-to-day work in other ways.
Closing thoughts
The preceding discussion may scratch the surface when identifying stress management strategies at trial that could help attorneys in other contexts. Ample opportunity exists to explore this subject further, and there are many more places we might look for strategies that benefit mental health among attorneys. As a profession, we should keep this in mind as we continue to learn about and prioritize attorney mental health and well-being.
Originally published by ALM Law.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.