CLIENTS' EXPECTATIONS, BILLABLE HOURS AND SANITY - Ventura County Bar Association
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A U G U S T – T W O T H O U S A N D T W E N T Y O N E CLIENTS’ EXPECTATIONS, BILLABLE HOURS AND SANITY by David Shaneyfelt Page 12 MARC D. ANDERSON PRESIDENT'S MESSAGE 3 HAVE YOU HEARD? 5 SARA PETERS PUBLIC DEFENDER’S OFFICE PROVIDES MORE THAN CRIMINAL DEFENSE 10 CLASSIFIEDS 15
CREATIVE DISPUTE RESOLUTION CONTINUING THE EXPANSION AND TRADITION OF EXCELLENCE IN MEDIATION AND ARBITRATION ESTABLISHED IN 1986 BY PAUL D. FRITZ ESQ. (1941-2011) MEDIATION OF ALL CIVIL DISPUTES • Business Litigation • Construction Defects • Serious Personal Injury • Partnership Dissolution • Insurance Claims • Wrongful Death • Probate • Professional & Medical Malpractice • Trade Secret Disputes • Employment - Wrongful Termination • Real Estate Disputes • Health Care Issues HIGHLY SKILLED AND EFFECTIVE MEDIATORS Hon. David W. Long David M. Karen, Esq. • Ventura County Superior Court, Retired • 35 Year Trial Attorney • Appointed Judge of the Ventura County • Member, American Board of Trial Municipal Court Advocates (ABOTA) • Appointed and served for two years as • The Straus Institute for Dispute Resolution Ventura County Superior/Municipal Pepperdine School of Law (2004) Commissioner • Chair of the VCBA-ADR Section WE GET IT DONE cdrmediation.com (805) 498-9494 JUDICATE WEST -- JOINING FORCES WITH CDR IN VENTURA COUNTY David M. Karen, Esq. DKaren@Judicatewest.com OFFICES AVAILABLE (805) 498-1212 3155 Old Conejo Road, Thousand Oaks, CA
AUGUST 2021 • CITATIONS 3 PRESIDENT’S MESSAGE by Marc D. Anderson I hope you are all enjoying your summer. Scout on the other team say, “I could’ve probably gotten the ball from him, but I Bodie and I just returned from a week didn’t want him to fall and BREAK A HIP.” at Boy Scout camp. This was our third summer camp together. Our first two The Friendship Lodge has WiFi for the camps were at Camp Chawanakee on adult leaders. The password is shared in Shaver Lake outside of Fresno. This year we whispered conversations. We had been at were at Camp Big Horn at Circle X Ranch camp two days when I asked someone for near Lake Arrowhead. it. “Axl Rose dollar sign 25. Axl and Rose are capitalized, I think, and there is a space I love the simple routine of summer camp. between them and before the dollar sign, The opening and closing campfire, morning I think.” I enter it - incorrect. I try ten and evening flags, breakfast, lunch and more times - change the capitals, change At the closing campfire on Friday night dinner together in the dining hall, merit the spaces. Incorrect every time. I give up, each troop puts on a short skit. We debated badge classes during the day and free time too embarrassed to ask again. Later that for a bit on whether to do one of the in the late afternoon. I walked a lot, read a night I’m back in the Friendship Lodge classics - invisible bench or gum balls - but lot, napped a bit in the hammock, watched determined to get online. I spy a counselor, we decided to do our own skit that included Bodie climb the rock wall and made new certainly a reliable source. “Axl Rose dollar the accordion and got the crowd involved. friends. sign 25.” Hmm. “How is Axl spelled?” I The boys did a great job and the crowd ask. “A-X-L-E.” I mention that I saw Guns- loved it. I’ve posted the YouTube link on the The best part of camp for me was getting N-Roses in concert well before the staff Ventura County Bar Association Facebook to see the boys and girls being kids after member was born and Axl Rose spells his page if you want to see it. https://www. more than a year of pandemic restrictions: name A-X-L. He says “Axl Rose was in AC/ youtube.com/watch?v=jG3DH-HQNds. singing goofy songs, doing the Polar Plunge DC, wasn’t he?” My gasp quiets the room. at 5:30 a.m., riding the zip line, playing Driving home was bittersweet. We all “No, Axl Rose was in Guns-N-Roses.” “Are Uno by lantern just before lights out, and laughed as we relived the week’s highlights, you sure?” buying sodas, candy and ice cream from the but eventually the scouts in my car were trading post. I especially enjoyed hearing I brought my accordion to camp. I played texting friends, watching videos or listening the muffled conversations in the tents while the Scouts were at their merit badge to music on their headphones. I was left just before the kids fell asleep. Everything classes and I had our campsite to myself. alone with my thoughts. I thought about seemed almost back to normal at camp. I played at the empty amphitheater in how fast my kids are growing up and about the evenings. Some of the Scouts walked how much I cherish these adventures we At one of our troop bonding activities we through the amphitheater on the way to have together. played another troop in soccer. It was hot their campsites and would stop and listen. Marc D. Anderson is and we were playing in a dusty horse corral I played at the quad at night just before a lawyer with Hiepler with a mostly deflated ball. I decided to play quiet time while the staff finished up at the & Hiepler, APC, in for a bit. I got the ball, drove to the goal, office and Scouts and adult leaders walked Oxnard. He represents and just missed outside. I didn’t score, but to and from the showers. I am an amateur plaintiffs in personal I felt good that I could keep up with these accordionist, but it was fun to share music injury and wrongful young boys and girls. Then I overheard a with the kids. death cases.
4 CITATIONS • AUGUST 2021 2021 VCBA BOARD OF DIRECTORS OFFICERS President Marc D. Anderson President-Elect Jacquelyn D. Ruffin Secretary-Treasurer Brian C. Israel Past President Kathryn E. Clunen Executive Director Sandra D. Rubio Linda K. Ash Kata Kim Rachel Coleman Louis H. Kreuzer Margaret J. Coyle Monica O’Hearn Vanessa M. Frank Guillermo“Bert” Partida Carla L. Hartley Sara Peters Joshua S. Hopstone Trevor M. Quirk Brian C. Israel H. Frederick Seigenfeld Damon L. Jenkins Kristine A. Tijam Team Dembowski Stephanie A. Johnson Lauren R. Wood Ellyn Dembowski / Kellye Patterson Top Producer 2007-2018 805.320.1206, 805.415.4419 CITATIONS EDITORIAL BOARD team@teamdembowski.com DRE 01441424 / 01914558 Co-Managing Editor © 2019 Berkshire Hathaway HomeServices California Properties is a member of the franchise system of BHH Affiliates LLC. Cari Ann Potts Co-Managing Editor Wendy C. Lascher Publisher Mediation Sandra D. Rubio Creative J.P. McWaters Ted Andrews Sara Peters Where common sense Alice Arnold Rabiah A. Rahman Rachel Coleman Mari K. Rockenstein and the law intersect. Karen B. Darnall Lauren E. Sims Panda L. Kroll Kathleen J. Smith Carol Mack Al Vargas Michael McQueen Richard Walton Business / Contract Personal Injury Employment Oil & Gas CITATIONS is published monthly by the Real Property Other Ventura County Bar Association. The articles in CITATIONS are the views of the authors, and should not be construed as legal advice. Gisele Goetz, Esq., Mediator Every situation is different. Consult a lawyer Hollister & Brace, a professional corporation if you need legal advice. Submit all advertising, Submit all editorial Serving Ventura and Santa Barbara Counties classified and calendar matters to: Member: State Bar of California, VCBA, SBCBA matters to: VCBA CITATIONS 4475 Market St. 5425 Everglades St. Suite B Ventura, CA 93003 Ventura, CA 93003 t: 805.644-7188 (805) 963-6711 t: 805.650.7599 f: 805.644-7390 f: 805.650.8059 capotts@mwgjlaw.com e: bar@vcba.org GMGoetz@hbsb.com www.vcba.org
AUGUST 2021 • CITATIONS 5 HAVE YOU HEARD? VENTURA NEW COURTHOUSE RULES Deborah Meyer- SUPERIOR COURT Morris has earned SELECTS NEW Fully vaccinated individuals are not a Masters Degree in COMMISSIONER required to wear masks, but those who Educational Leadership choose not to wear masks must self-attest and Administration The judges of the that they comply with state and federal at Cal Poly San Luis Ventura Superior Court vaccination requirements. Others must Obispo. Meyer-Morris have announced the wear masks that cover nose and mouth is looking to start a new selection of R. Paul Kawai as the court’s within all public areas of the courthouse VCBA Disabled Lawyers newest commissioner. Mr. Kawai is an or courtrooms (but not in internal DA and & Legal Professionals Bar Association. If accomplished trial attorney with over 19 PD offices.) Masks with valves, neck gators, you identify as a disabled lawyer or legal years of experience. He will join the court bandanas and handkerchiefs not allowed. professional, and are interested please email on August 3, 2021. Children under two years old and those her at dmeyermorris@kdeklaw.com. with medical, mental health or disability Kawai is currently a Senior Deputy Public Ian Elsenheimer is conditions precluding masks are exempt joining Ferguson Case Defender with the Ventura County Public from the order. In the jury assembly room Orr Paterson, LLP as an Defender’s Office, where he represents and courtrooms people will be seated in associate. He will work criminal defendants in all types of felony every other seat. with the firm’s land matters. Prior to that, he was proprietor use, transactional and of his own law practice, the Kawai Law Other courthouse changes: VCSC no real estate departments. Group, from 2010 to 2014, specializing in longer requires public check-in outside the After Aug. 9, you criminal defense. Hall of Justice. Civil matters will continue can reach Ian at to be heard on CourtCall only, unless (805) 659-6800, ielsenheimer@fcoplaw.com. From 2007 to 2010, he served as an attorney otherwise ordered by the assigned judge. with the Utah County Public Defender Association, where he maintained a felony caseload of approximately 200 cases per year. Before that, he was a junior partner with the law firm Esplin Weight from 2001 to 2006, litigating criminal defense, criminal and civil appeals, domestic law and tort matters. Kawai served on the Governor’s Gang Jeff G. Coyner, Mike Task Force in Salt Lake City, Utah, from M. Khalilpour and 2008 to 2011, which was charged with Matthew T. Bechtel the development and implementation of Wendy Lascher flying with @Astro Katie, have been named legislation and programs to reduce gang Daughter of CITATIONS editorial board partners at The related activity, crime and violence. member Carol Mack. Green Law Group, LLP. Coyner has Kawai has been a Judge Advocate with represented businesses, JHB Inns of Court resumes. Meetings the U.S. Army Reserves since 2003. He government entities will be the second Tuesday of October- is currently Team Chief, responsible for and individuals in real estate disputes, November 2021 and January-April, supervising and training a team of 16 environmental matters, business and 2022 at Sterling Hills Country Club. To army lawyers, providing legal assistance insurance litigation and mass tort actions. renew or join, contact sandra@vcba.org, to service members, and instructing Khalipour has represented and assisted (805) 650-7599. commanders, officers, and soldiers in numerous businesses with identifying and Panda Kroll is Co- implementing strategies to manage risk, areas of military law. He also served as Chair of the national protect against exposure, ensure regulatory Command Judge Advocate with the U.S. Timeshare Litigation compliance, and protect company assets Army in Afghanistan from 2006 to 2007 Group formed in and business litigation. Bechtel is a and is a recipient of the Bronze Star. civil litigator with extensive experience 2021 by the American Association for Justice. in ERISA (employee benefits) and general Kawai is a graduate of Brigham Young For more information, employment law. (805) 306-1100. University and earned his law degree from the J. Reuben Clark School of Law. contact Panda at pkroll@pandakrollesq.com. .
6 CITATIONS • AUGUST 2021 BAR LEADERSHIP ADR SECTION David Karen 498-1212 ANIMAL LAW Emily Robinson 497-7474 ASIAN AMERICAN BAR ASSOCIATION Jessica Wan 659-6800 BANKRUPTCY Michael Sment 654-0311 BARRISTERS Frederick Seigenfeld 254-2777 BENCH-BAR RELATIONS COMMITTEE Hon. Matt Guasco 256-4972 BLACK LAWYERS ASSOCIATION Damon Jenkins 644-7188 BUSINESS LITIGATION SECTION Erik Feingold 644-7188 CITATIONS Cari Potts 644-7188 Wendy Lascher 659-6800 CLIENT RELATIONS Michael Christiano attorneymichaelchristiano@gmail.com COURT TOUR PROGRAM Thomas Hinkle 656-4223 CRIMINAL DEFENSE BAR ASSOCIATION Doug Ridley 208-1866 DIVERSITY BAR ALLIANCE Jill Friedman 644-7188 EAST COUNTY BAR Doug Bordner 644-7188 EMPLOYMENT LAW Rabiah A. Rahman 626-8337 FAMILY LAW BAR Amy Van Sickle 642-7070 IMMIGRATION LAW Vanessa Frank 641-9300 INTELLECTUAL PROPERTY Peter Veregge & Rebecca Makitalo 496-1164 J.H.B. INN OF COURT Panda Kroll 551-0773 JUDICIAL EVALUATION COMMITTEE Linda Ash lindaash99@gmail.com LAW LIBRARY COMMITTEE Eileen Walker 444-6308 SOGI ALLIANCE Mickye Coyle 662-1716 NATURAL RESOURCES SECTION Kate Neiswender 649-5575 PROBATE & ESTATE PLANNING SECTION Amber Rodriguez 643-4200 VCLA, INC. Cesar A. Libanati support@vclegalaid.org Managing Attorney VC TRIAL LAWYERS ASSOCIATION Richard Bredlau 650-3100 VC WOMEN LAWYERS Rennee Dehesa 525-7104 VCBA STAFF 650-7599 Sandra Rubio - Executive Director Nadia Avila - Associate Executive Director Deborah Tovar - Member Relations Assistant Brenda Bodie - CTP Coordinator
AUGUST 2021 • CITATIONS 7 P R O B A T E , T R U S T & D I V O R C E R E A LT O R JOSE LUIZ MORALES #1 IN VENTURA COUNTY* Serving Ventura, Santa Barbara and Los Angeles Counties RESULTS MATTER The largest asset in your case deserves a proven expert DAYS ON MARKET 23 5 STAR REVIEWS 100+ CASES SERVED IN 100+ Market average: 70 days **Yelp, Zillow, Google & Facebook Market Average >5 805 387 9333 DRE #01891119 *Based on listings sold in 2017. ** Source VCCAR 2017 MORALES GROUP REAL ESTATE ADVISORS Welcome Susana Cruz! Quirk Law Firm is pleased to announce Susana Cruz joined the firm as an associate attorney. Susana was born and raised in Santa Barbara. She is fluent in Spanish. She has a 12 year old daughter who loves to dance flamenco. She loves to hike, spend time with her family and travel outside the U.S.A. She has experience in worker’s compensation law, family law, criminal defense and personal injury law. Susana will focus on personal injury litigation. 877 S. Victoria Ave., Suite 111, Ventura, CA 93003 | 805-650-7778
AUGUST 2021 • CITATIONS 9 COVERAGE THAT PROMISES TO PROTECT. BUILT WITH YOU IN MIND. Becoming a member of Lawyers’ Mutual is more than choosing an insurance provider, it’s joining a community of your peers and receiving our promise to protect you. All of our innovative policies are designed in conjunction with underwriting, claims and insurance experts who hold over 100 years of experience in the legal malpractice industry. Member Benefits Continuing Legal Education Cyber Coverage Unique programs, specialty rates, credit card payments, instant financing and exclusive member benefits are all part of your Lawyers’ Mutual policy that has made us the premier provider for the past 43 years. Protect yourself. Protect your clients. Protect your future. www.lawyersmutual.com Our strength is your insurance
10 CITATIONS • AUGUST 2021 PUBLIC DEFENDER’S OFFICE PROVIDES MORE THAN CRIMINAL DEFENSE by Sara Peters We all know the Public Defender’s Office property theft offenses as misdemeanors. the court and represent them through that provides legal representation for indigent (They could previously be charged as process, which could potentially involve a persons charged with a crime. But did you felonies or misdemeanors.) Persons hearing. know about the other services it provides? interested in applying to reclassify an Ventura County’s new Public Defender, offense covered by Proposition 47 should Eliminating Criminal Administrative Fees Claudia Bautista, explains that her office call the Public Defender’s Office at (805) offers several services and resources aimed 662-6522 or (805) 654-2449 to speak to a Did you know that, until July 1, California at alleviating the collateral consequences Prop 47 law clerk – before the deadline of counties and courts would charge fees for of arrest, conviction and imprisonment. Nov. 4, 2022. things like being arrested and having a It also provides legal representation for public defender represent you in court? persons involuntarily committed to mental Proposition 64, which passed in 2016, And that’s just the beginning. According institutions and those who seek to challenge reduced the punishment for many to the Debt Free Justice California flyer mental health conservatorships. marijuana-related offenses. To apply for Bautista gave me, counties used to charge the reclassification of a marijuana-related for seemingly everything: arrest; booking; Alleviating Collateral Consequences offense from a felony to a misdemeanor, go citation/release on own recognizance; to the Prop 64 Quick Link on the Public registration for court-appointed lawyer; cost Expungements Defender’s website. of your court-appointed lawyer; probation or parole supervision; pre-sentence/ Having a conviction on your record can Termination of Megan’s Law Registry investigation report; jurisdictional transfer; make it extremely difficult, if not impossible, Requirement home detention; electronic monitoring; to get a job. And the consequences of interstate compact supervision; payment/ unemployment affect more than just the Until this year, California was one of installment plan; work furlough program; individual with the conviction. Poverty is only four states that required a lifetime of home detention program; voluntary work a leading cause of recidivism. The Public registration on the Megan’s Law website release program; and electric monitoring Defender’s Office can help someone get their for most sex offense convictions. As a instead of bail or jail. criminal record expunged – which allows result, the online registry has become them to truthfully state on job applications overcrowded with low-risk offenders, For the majority of people released from that they haven’t been convicted (unless which detracts the public’s attention jail and prison – who are already at a it’s a government job or one that requires from the high-risk offenders we should disadvantage when it comes to obtaining a government-issued license). To get be aware of. Additionally, managing a housing and employment – being further started, go to the Expungements section registry that’s overwhelmingly diluted with burdened by debt like this makes it nearly of the Public Defender’s website, which low-risk offenders isn’t the best use of law impossible to get on their feet. What’s even contains a link to an online form. Detailed enforcement resources. more unsettling are the implications of information and answers to frequently this for Black Americans and other racial asked questions about expungements can This January, Senate Bill 384 eliminated minorities. also be found there. the one-size-fits-all lifetime registration requirement and replaced it with a three- Thanks to Assembly Bill 1869, as of July 1, Reclassifications tier system. Tier 1 requires ten years counties and courts are no longer allowed of registration for those convicted of to charge or collect the above-mentioned The Public Defender’s Office can file an misdemeanor or non-violent felony sex fees. But certain, other fees can still be application for reclassification to have a offenses. Tier 2 requires twenty years charged and collected. Bautista encourages felony conviction for certain non-violent of registration for the more serious and anyone with questions about fees to call the offenses changed to a misdemeanor on violent sex offenses. Tier 3 requires lifetime Public Defender’s Office. someone’s criminal record. A felony registration for repeat sex offenses and the conviction carries more of a stigma than a most serious sex offenses. Opportunities to Work Off Fines for Persons misdemeanor conviction – and is thus far without Housing more likely to stand in the way of housing Beginning July 1, persons in Tiers 1 and and employment. Another reason to apply 2 who have completed their ten or twenty If someone is without housing and unable for reclassification is it’s easier to expunge a years of registration on the Megan’s Law to pay off fines assessed for infractions or misdemeanor than a felony. website may file a petition to request certain misdemeanors that don’t carry removal from the registry. For those mandatory jail sentences, they have the When Proposition 47 passed in 2014, it who qualify based on income, the Public option of working off the fine by performing recategorized most drug possession offenses Defender’s Office will file a petition with community service or participating in a and low-value (not exceeding $950)
AUGUST 2021 • CITATIONS 11 program like AA. To do this, they need Public Defender’s Office paralegals will referred to as an LPS conservatorship (from to attend Homeless Court, which usually help connect anyone – not just clients – to the 1967 Lanterman-Petris-Short Act). takes place during the last Friday of the the resources they need. Their paralegals This allows for involuntary mental health month at a location that serves persons can be reached at (805) 654-2201. treatment and estate management. After a experiencing homelessness. To apply for conservatorship petition is filed, a hearing Homeless Court or get more information, Protecting the Mentally Ill—and Those is held. Conservatees can challenge the call the Public Defender’s Office paralegals Accused of Having a Mental Illness conservatorship at or after the hearing with at (805) 654-2201. the assistance of an attorney from the Public Persons charged with crimes aren’t the only Defender’s Office. These conservatorships Additional Opportunities for ones at risk of losing their freedom – so expire after one year and cannot be renewed Veterans without Housing too are those accused of having a serious without another hearing. The Public mental illness. When that happens, the Defender provides representation at those Persons without housing who are also Public Defender is there to safeguard their as well. veterans have the additional option of constitutional rights too. attending Stand Down Court, which is part Help for Arrested Relative with Mental Illness of a three-day event that generally occurs Challenging Forced Medication once a year in July. At Stand Down Court for Involuntarily Committed When someone with a mental illness fines and fees can be waived in exchange for is arrested, it’s unlikely they’ll get the community service performed at the event. When a person’s mental health disorder medical treatment they need unless Attorneys and law clerks from the Public causes them to be gravely disabled, or a someone informs the County Jail Medical Defender’s Office can also help attendees danger to themself or others, they may Department (at (805) 654-3346) about the obtain other resolutions, like case dismissal be placed in an evaluation and treatment mental illness and advocates on their behalf. and expungement. The Stand Down event facility for up to 72 hours. During this 5150 The Public Defender’s website contains a also offers medical screenings, dental care, hold (from section 5150 of the Welfare helpful flyer entitled “My Arrested Family psychological counseling, VA benefits and a and Institutions Code), or any subsequent Member Has a Mental Illness What Do I variety of other social services. hold, the patient cannot be forced to take Do?” It also recommends preparing a fax antipsychotic medication unless a hearing to request that the person be screened for Although this year’s Stand Down event was takes place where a judge finds that they placement in the mental health unit and cancelled due to COVID 19, it’s possible lack the capacity to refuse treatment. At gives detailed instructions for doing so. that a shortened version of the event, the hearing, the patient is represented by an The form is located in the Mental Health featuring Stand Down Court, will happen attorney from the Public Defender’s Office. section of Public Defender’s website. (Look later this summer or fall. for Mental Health on the pull-down menu Challenging Involuntary Commitment under Services). Alternative Sentences for Veterans Over 72 Hours The Public Defender’s website contains Veterans convicted of crimes they committed If, at the end of a three-day 5150 hold, the a lot of other useful information too. It’s as a result of psychological injuries suffered patient is still gravely disabled, or a danger a great resource for their clients and the in combat have the option of receiving to themself or others, they can be kept community in general. Learn more at mental health treatment in lieu of serving for up to fourteen additional days for the vcpublicdefender.org. a jail sentence. Veterans Court is the result purpose of receiving intensive treatment – of a collaboration between the Department but only after a hearing. Bautista says the of Veterans Affairs and Ventura County’s Public Defender’s Office has a dedicated Superior Court, Public Defender, District attorney who represents patients in those Sara Peters practices Attorney and Probation Department. The hearings, which take place in courtrooms family law and civil Public Defender’s Office represents veterans located on the premises of Vista del Mar litigation in Ventura. in this special court and connects them to and Hillmont Psychiatric. She has a background services in the community. in employment law Challenging Mental Health Conservatorships and is a former special Housing, Food & Other Community Resources education teacher. Persons who are gravely disabled and Bautista says anyone is welcome to contact unwilling or incapable of accepting She can be reached her office to get help obtaining housing, treatment may be placed on a mental at (805) 200-7418 or food, or other community resources. The health conservatorship – sometimes srp@peterslawgroup.com.
12 CITATIONS • AUGUST 2021 CLIENTS’ EXPECTATIONS, BILLABLE HOURS, AND SANITY by David Shaneyfelt This article is excerpted from Shaneyfelt, “Confessions of a Catholic Litigator,” 17 U. St. Thomas L.J. 111, 127 (2020); some paragraphs and footnotes have been rearranged, and subheadings added. For the extensive references supporting this article, please see p. 13 Greed or excellence? Who bears responsibility for this structure of sin? Everybody and nobody. Big budgets may or may not be set by greed. Lawyers may have a sincere desire to serve clients excellently, and billing attorneys may or may not bill high hours for the sake of greed, envy or power. Associate attorneys, for instance, have no choice; they are given billable minimums, and they will be fired if they fail to meet them. Partners may fare no differently. If a client wants advice about something first thing Monday, the lawyer will work all weekend to provide it. Everyone is responsible, and most are Lawyers bill by the hour. The more hours development obligations, and non-billable miserable. No Catholic litigator should they bill, the more money they make. and internal administrative matters. And want to be miserable. In theory, an all- Lawyers also promise excellent services for we are not counting time for chit-chat and consumed litigator might be able to their clients, and excellent services typically coffee breaks. (A friend tells me he “double practice the seven virtues – prudence, require many billable hours. Clients who bills” during bathroom breaks, because he is justice, temperance, courage, faith, hope, want excellent services know this and more productive there). Billing eight hours and charity – but those who do so are as will pay those bills. When bills become a day will only be done with early arrival rare as hen’s teeth. predictable, law firms set budgets according and late departure times and supplemental to the predictions. They expect attorneys to hours gained on Saturdays and Sundays. The prize is more pie meet those budgets through billable hours requirements. No life for the biller means trouble As a Scottish proverb goes, he who loves the law will soon get his fill of it. This is Budgets and billables High billable requirements mean one especially true for young attorneys on the inescapable consequence: no life for track to partnership in big firms. A friend Big budgets entail high billable requirements. the biller. When one has no life, one of mine described the experience as trying In 1958, the American Bar Association becomes prey to the usual consequences hard to win a pie-eating contest where recommended a 1,300 hour-a-year target for – depression, infidelity, divorce, substance the prize for winning is more pie. This attorneys. Today’s expectations exceed 2,000 abuse, health problems, early death, aphorism is now making its way into the in most large law firms. suicide. Bar associations and mental health public domain. professionals have devoted considerable To put in perspective a 2,000 hour-a-year attention to the growing problem of A third alternative: live your life target, consider that eight hours a day times lawyer mental health. Several state bars five days a week times fifty weeks a year offer hotlines, public education and Not surprisingly, litigators tend to be of will reach that target, and leave an attorney lawyer assistance programs; seven state bar two kinds: those who die at their desks and with a two week vacation. Consider further, associations have added a mandatory mental those who decide to leave them. I plan not that such a goal will be reached if one is health component to their continuing legal to be the former. willing to forfeit all nine of the customary education requirements. A 2016 ABA holidays (New Year’s Day, Martin Luther survey of 13,000 lawyers found that 21 David Shaneyfelt King Day, President’s Day, Memorial Day, percent qualify as problem drinkers (a rate represents clients with Fourth of July, Labor Day, Columbus Day, more than triple the rate for the general claims against insurers. Thanksgiving and Christmas). Consider population, and nearly double the rate for He practices with The further the day or two required to fulfill other highly educated professionals); 28 Alvarez Law Firm in continuing legal education courses. percent struggle with depression; and 19 Camarillo. Consider days for illness, birthday parties, percent have symptoms of anxiety. “[T]he funerals and inescapable social obligations. likelihood of depression is 3.6 times higher Consider time needed for firm meetings for lawyers than other employed people.” and retreats, department meetings, client
AUGUST 2021 • CITATIONS 13 References • 1958 requirements (Ronda Muir, • Mental health assistance (See Debra • Scottish proverb (Cordry, The A Short History of the Billable Hour Cassens Weiss, State Bars Battle Lawyer Multicultural Dictionary of Proverbs: Over and the Consequences of Its Tyranny, Depression; Legal Profession Ranks Fourth 20,000 Adages From More Than 120 LAW PEOPLE (June 18, 2007), http:// in Suicide Rate, ABA J. (Jan. 22, 2014, 11:45 Languages, Nationalities, and Ethnic Groups w w w. l a w p e o p l e b l o g . c o m / 2 0 0 7 / 0 6 / AM), https://www.abajournal.com/news/ (No. 10429).) articles/profitability/ashort-history-of-the- article/state_bars_battle_lawyer_depression_ billable-hour-and-the-consequences-of-its- legal_profession_ranks_fourth_in_suicid. • Aphorism (See Sara Randazzo, Being tyranny.) [sic].) a Law Firm Partner Was Once a Job for Life. That Culture Is All but Dead, WALL • 2000 hour expectation (See Law Firm • ABA survey/likelihood of depression ST. J. (Aug. 11, 2019), https://www.wsj. Hours—the Real Story, ABOVE THE (ABA, Profile of the Legal Profession com/articles/being-a-law-firm-partner-was- LAW (July 24, 2012, 1:30 PM), https:// 59 (2019), https://www.americanbar.org/ once-a-job-for-life-that-culture -is-all-but- abovethelaw.com/career-files/law-firm-hours- content/dam/aba/images/news/2019/08/ dead-1156536243. the-real-story.) ProfileOfProfession-total-hi.pdf; see also Debra Cassens Weiss, Perfectionism, • Real impact of billable hours ((For a ‘Psychic Battering’ Among Reasons for detailed analysis of real-life impact of billable Lawyer Depression, ABA J. (Feb. 18, hours on lifestyle, see Yale L. Sch. Career 2009, 3:40 PM) https://www.abajournal. Dev. Off., The Truth About the Billable com/news/ article/perfectionism_psychic_ Hour (July 2018), https://law.yale.edu/sites/ battering_among_reasons_for_lawyer_ default/files/area/department/cdo/document depression.) /billable_hour.pdf.)
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