Monday, May 4, 2015

The fiction of the life work balance.

 Dyersivlle, Iowa, circa 1912.  My grandfather came from here, and his parents and their parents lived their whole lives there, as part of the community.  Not as part of a "career" with a life/work balance.

I don't mean, if you, say maybe you wanna' care for 365 days, right? You ain't got 365 days. You got it for one day, man. Well I tell you that one day man, better be your life man, because you know you could say oh man you could cry about the other 364 man, but you're gonna loose that one day man, and That's all you got. You gotta' call that love, man. That's what it is, man. If you got it today you don't wear it tomorrow, man. 'Cause you don't need it. 'Cause as a matter of fact, as we discovered on the train, tomorrow never happens, man. It's all the same f*** day man.
Ball and Chain, Janis Joplin.

Some time ago, I posted this item on stress and the law in the career advice category:
Lex Anteinternet: Unsolicted career advice for the student No. 2: S...: Quite some time ago I wrote a couple of posts that are basically directed at people pondering the law as a career; one being a Caveat Aucto...
That article here came, as noted, shortly after somebody I had a case against committed suicide.  Quite a shock.  After that, indeed just right before it, I noticed that I started seeing a lot of articles on lawyer stress.  Maybe those articles were always running and I didn't take note of them, or maybe this is an example of synchronicity at work again.  Lots of these articles stress having a proper "work life balance."  Now, somewhat related to this, I've been seeing a number of articles recently that run counter to the vast amount of written legal material that  stress a proper "work life balance".  This is an interesting counter trend, and perhaps one that prospective lawyers should pay attention to.

I don't know how many other careers have advices on the proper "work life balance". I have to say that "life work balance" is one of those terms that strike me as sort of phony, so I'm probably not one who is ideally suited to comment on it.  I expand on that below. Anyhow, the basic gist of the commentary on "life work balance" is that there's a concern in the legal profession that a large number of lawyers are focused only on their work and their personal lives accordingly suffer.  A number of things are interesting about this.

For one thing, it's true.  I'm sure that all professions think this is the case for their lines of work.  Indeed, I've met people who seemingly have vast amounts of free time who complaint about being so busy at work.  On the other hand, I've met people from some professions where there's a genuine belief that people have high incomes and low hours where the opposite is clearly true. Dentist provide one such example. They go to work at some insanely early hour and keep on after most people's closing times.

With lawyers its very much the case.  At least it is in some branches of the law.  I frankly don't know about every area of the law, as one of the things about the law is that law is a career "field", not one single career house, so to speak. Lawyers who do one thing often don't know much if anything about lawyers who do something else.  So what I can say is that at least for people who handle litigation this is true. They basically never are totally away from work.

Family members of litigators, as well as other categories of lawyers, well know this, and any litigator who is honest will tell you this.  They miss family functions, work long hours, and are often absorbed in thought about their cases all the time.  They never really stop working, even when they aren't at work.  They consider their cases and their projects continually.  I found myself pondering something in a case, for example, while attending Mass the other day. Not a very admirable thing to do.  As a result, their home lives and families accordingly suffer.  And that relates to the topic linked in here. Essentially engaged in a mentally stressful activity all the time, they endure high stress.

 
Where I recently found myself pondering a legal topic, and shouldn't have been.

That's where the "work life" advice comes in, and every lawyer has read it. A proper "work life" balance is necessary, we're told. What this means is that we need to balance our time and effort at work with time and effort in the personal aspects of our lives. Again, taken no further than that, that is no doubt correct, if possible.

Recently, however, I saw an article by a long practicing lawyer that just flat out stated that wasn't possible.  Soon thereafter, I read a short biography in our local bar journal noting that a very long practicing lawyer I know strove for that, but didn't feel he really fully succeeded at that.  I suspect that last item is really on the mark.  Now, the ABA journal has run an on line article by a legal recruiter in which he flat out states:
Most attorneys that tell you they are concerned with their ‘lifestyle’ and ‘balance’ never really amount to much in the law, and that is OK, because not everyone is cut out for practicing law in a high-pressure environment,"
Not surprisingly, that comment is receiving a lot of commentary itself.  The ABA article has floods of comments from lawyers calling bull on the recruiters comments.  And not surprisingly, as it came in the ABA context, there are comments, again, discussing in this in the context of the legal White Elephant/Giant Unicorn, "Big Law", an institution that even most really big time trial lawyers don't experience.

As an aside here, I wish the ABA would get over this entire concept of "Big Law".  It may be just me, but I really think the "Big Law" they conceive of was an institution that last existed in the form they think of it some decades ago.  Almost ever issue of the ABA journal's email features some article about some Big Law firm laying off a drove of people.  As The New Republic explored some time ago, the "white shoe" firms aren't what they once were.  Far more lawyers of all types practice outside of Big Law than in it, and as a result, nearly ever discussion of "Big Law" expands out the definition until firms that probably wouldn't recognize themselves as "Big Law" are included in the discussion. It's time for "Big Law" as a term, to go the way that the term "The Big Three" did in regards to automobile manufacturing.

 
1954 Chevrolet sedan. A vehicle that has as much relevance to modern automobile manufacturing as "Big Law" does to the practice of law.

Well, anyhow, the comments all have their points, but what if the bigger truth is being missed. This may just be part of the territory, and the recruiter discussing it may be missing that point (he sees it in the Big Law/Harvey the Rabbit/Unicorn context as well).  That's something to be aware of.

Some jobs are just that way.  Not all are, although my guess is that all people believe that theirs are.  I think that the law is just this way.  It follows a person around, and not matter what a person does to have a balanced life, that's the case.  I think they need to do something, but achieving a "proper work life balance" probably isn't really possible.

Part of the reason for that, of course, is that the entire concept of a "work life balance" is bizarrely modern and fictional in and of itself.  Your work is part of your life, not something that can be balanced against it. Indeed, for males in particular part of a person's psychological make up is their "occupational identity" (women apparently have this as a feature of their psychological identity to a much smaller degree, which probably says something about our ancient origins).  The concept that over half your actual hours on the planet are not part of your "life" and must be balanced against it is frankly bizarre.

Indeed, that creates a bit of an illusion that there's who you are, and then there's what you do for a living.  That concept is a common one, but it's a fraud and people should be cognizant of that.  A person isn't what they do for work, but what they do for work is certainly part of who they are.  If they don't like that, they should consider that, as that's a fact.

Indeed, a rational "whole man" concept would have to acknowledge that, and when we look back at big figures who we admire in part for the wholeness of their lives, we can see where they'd achieved that. Taking again the example of lawyers, we have people like John Adams, Thomas Jefferson, St. Thomas More. or Abraham Lincoln, all of whom occupied that profession but were so much more than that. They didn't achieve that more by balancing their "life" against their work, but rather by taking on their lives as a worthwhile whole.

 Hans Holbein, the Younger - Sir Thomas More - Google Art Project.jpg
St. Thomas More, lawyer, judge, author of Utopia, and principled opponent of King Henry VIII.  I doubt he pondered "work life balance".


Thomas Jefferson. lawyer, farmer, politician.  He had a nice life work balance, but I doubt that was because he'd been counseled to have one.



 Abraham Lincoln, a lawyer that many would consider to have a poor life work balance in modern terms.

This wouldn't mean, of course, that a person ought to surrender themselves to the office and ponder nothing else, although there are plenty of lawyers who do just that. Rather, what it means is that a person should realize that their life is their life and incorporate a worthwhile approach to their work and profession within that.  That isn't possible for every line of work in the same way.  In many, indeed most, lines of work a person is actually free to be more themselves and bring their strong loves with them, something that's an irony about a professional life. That is, for people who work jobs that fall outside this scope of things, lets say mechanics, or mail carriers, etc., their personality can be actually more reflected in their daily lives as nobody expects them to serve in the capacity of their occupation without end.  For people who are doctors or lawyers, etc., this isn't true and people will indeed both identify with you constantly in your profession, even where you with they wouldn't, and the profession will follow you around night and day no matter what.

Indeed, let me note that the fact that this topic even comes up is a pretty loud commentary on modern life, as there's something deeply bizarre, and wrong, about the idea that a person's work isn't their life and shouldn't be.  I've noted before that in many ways we've created a world that we're poorly suited to live in, by replacing a more  natural world of work with a glass and steel cubicle world (for which office walls are barely removed).  Here too, this is something really odd, as we're effectively conceding that we've created a condition in which half our lives are spent in conditions we don't want to regard as part of our lives.  They surely are, but what an odd concept.

 Stockman, usually we don't separate the personalities of farmers/ranchers from their work, but conceive of them all as one (oh wait. . . that cowboy is me).

That, I suppose, means that a person does have to have a concept that's in the same neighborhood as "life work balance", but because your profession will be a big part of your life, that balance concept is bunk, in my view. Rather, you have to incorporate the rest of your vocations and avocations into that life, which is the only life you are going to get.

Those who are looking at this topic, from either end, are I think in error in their approach. But that doesn't mean that they don't both accidentally have a point. For the "work life" balance crowd, your work is part of your life, and you can't balance one against  the other.  For those who say "bunk" to the concept, well, a person is more than their profession, and lawyers who are only their professions and nothing more are both boring and ineffective. Therefore, the real task is to bring that "other" into your profession.  But, and this is important, for those who conceive of a professional career as only a means of making money, or something that they can turn their minds and lives off when they work through the door, and turn them back on when they walk out, they may wish to reconsider their career options, as that can't be done.

Monday at the Bar: Courthouses of the West: Campbell County Courthouse, Gillette Wyoming

Courthouses of the West: Campbell County Courthouse, Gillette Wyoming:







This is the Campbell County Courthouse in Gillette Wyoming. The courthouse has been recently added on to, but the additions match so well that it is not really possible to tell. The court houses the district and circuit courts for Wyoming's Eighth Judicial District.

Campbell County's war memorial is located on the same block as the courthouse.

Friday, May 1, 2015

Some Gave All: Santa Fe Plaza Obelisk, Santa Fe Plaza, Santa Fe ...

Some Gave All: Santa Fe Plaza Obelisk, Santa Fe Plaza, Santa Fe ...:

 This is the Santa Fe Plaza Obelisk in the plaza for that city.

The plaza has been there since 1609. The monument since 1868.

1868 seems like quite awhile ago for most of us, although in thinking on it there's less time between when I was born and 1868 than there now is between the start of World War One and the present day.  Be that as it may, that certainly isn't as far back as 1609.

When we think of 1609, in North America, we tend to think of the east coast and early English colonist. But here, in 1609, the Spanish had established a presence in an area that was already settled, as this area was surrounded by Pueblo Indian communities.

I've posted a few other photos of old structures here recently, including the oldest house in the United States and the oldest church.  Santa Fe, for that matter, is the oldest capital city in the US, having been the capital of Nuevo Mexico since 1610.

We think of settlement in the country as going from east to west. But that wasn't always the case.  Here it had gone from south to north, sort of, if we don't consider too closely that the native inhabitants in this area built towns themselves.

And we tend not to think of how stable these communities were for a very long time.  Towns and cities in the west seem to boom and bust, but down here some have simply endured in their rural settings.  Major locations, although not with huge populations, that have proven very enduring.

Holscher's Hub: Route 66. When the highways used to run throught town.

Holscher's Hub: Route 66


Now, of course, the cross country highways go around towns.  This wasn't always true.  At one time, they went right through the center of town.

Sena Plaza

Sena Plaza

 The geopolitical history of the Southwest in a single location.

Lex Anteinternet: Working around the clock

Recently I posted:
Lex Anteinternet: Working around the clock: We are told that, prior to the influence of labor unions, working hours were long (and conditions dangerous) and about the only day anyone go...
Examples:



Conducting business. . . at Bandalier National Monument.

Painted Bricks: Evangelo's, Santa Fe New Mexico

Over on one of our other blogs, we posted this item:

Painted Bricks: Evangelo's, Santa Fe New Mexico:



Tavern sign for Evangelo's in Santa Fe, New Mexico, featuring the famous Life Magazine cover photograph of Angelo Klonis, the founder of the tavern. The late Mr. Klonis was a soldier during World War Two when this photograph of him ws taking by Life photographer Eugene Smith.  Konis, a Greek immigrant, opened this bar in his adopted home town in the late 1960s, at which time his identify as the soldier photographed by Smith was not widely known.
We also posted this on our blog Some Gave All.

There's some interesting things going on in this scene, that are worth at least noting.  For one thing, we have an iconic photograph of a U.S. soldier in World War Two, which is often mistaken for a photograph of a Marine given the helmet cover, appearing on the sign for a cocktail lounge in 2014.  Sort of unusual, but the fact that it was owned by teh soldier depicted explains that.

Note also, however, the dove with the olive branch, the symbol of peace.  Interesting really.  Perhaps a reflection of the views of the founder, who was a Greek immigrant who located himself in Santa Fe, went to war and then  came back to his adopted home town.

All on a building that is in the local adobe style, which not all of the buildings in downtown Santa Fe actually were when built.

I don't know what all we can take away from this, but it sends some interesting messages, intentional or not, to the careful observer.

The Big Speech: Roosevelt on Leadership

The best executive is the one who has sense enough to pick good men to do what he wants done, and self-restraint enough to keep from meddling with them while they do it.

Theodore Roosevelt

Thursday, April 30, 2015

The Oldest House in the United States, Santa Fe, New Mexico

The Oldest House in the United States, Santa Fe, N...:








This structure in Santa Fe exists on foundations dating back to approximately 1200, and was continually occupied up in to the 1920s.  Interestingly, it's directly across a very narrow street from San Miguel Church, the oldest church in the United States.

Postscript

It's been pointed out to me that I was remiss in not saying who had built the original foundation for the house.

This area of New Mexico has been occupied by Pueblo Indians of various groups for a very long time.  Natives from one of these bands constructed the original foundation, and Pueblo Indians from the Tano group occupied the pueblo in this area until around 1435 or so.  The area may have been vacant for some time thereafter, but was reoccupied by Tlaxcalen Indians, who came into the area with the Spanish in 1598.  They also built the nearby San Miguel Church.

Wednesday, April 29, 2015

Working around the clock

We are told that, prior to the influence of labor unions, working hours were long (and conditions dangers) and about the only day anyone got off was Sunday.  That day, of course, is the Christian day of rest, and people generally at least honored that, giving themselves, and their employees, the day off.

Labor unions came in, and the daily working day, at least in the United States, shrank to eight hours by law, and 40 hours per week, by law, save for employees who are not covered by the Fair Labor Standards Act, which are actually quite a new now, but not nearly so many when the FLSA came in.  Even so, when I was a boy, the working day was generally eight hours long for most people, and most people had Saturdays and Sundays off.  Some retail outlets were open on evenings, all of which were "department" stores, which were also open on Saturdays.  Nothing was open on Sundays, not even gas stations, except for grocery stores.

All a thing of the past now.

Now, as stores have become more and more national and international, more and more of them are open seven days a week, with employees who have to be there on Saturdays and Sundays, and quite a few are open late into the evening, or even twenty four hours a day.  Certainly "convenience stores" are.

All of that, of course, is well known.

But what is less well appreciated is that those people who were exempted from the FLSA in the first place, now never really leave work, unless they're very disciplined.

It's the cell phone, which isn't really a phone anymore so much as its a little computer with a telephonic feature, that has caused this. Cell phones can be set to receive email around the clock.  And they receive calls and text messages by default.  This means that the person with them is in contact with their occupations at all times, save for the discipline to sever the contact.  And that's not always possible.

Professionals and businesses rarely intrude on one another in this fashion with texts or calls, but they do innocently and inadvertently send emails to each other constantly.  I do myself, even though I generally keep the email function of my phone off. That is, I'll send weekend emails on occasion, and some people do a great deal.  They are not seeking to intrude, but a person with an Iphone set to pick them up, will pick them up.

Phone calls are another matter, interestingly.  As we carry our cell phones constantly anymore, and as we use them for work, some people (again not usually business clients or other professionals) will call them on weekend and off hours.  I received just such a call, for example, recently on a Saturday evening while I was at dinner.

Some such calls are true emergencies, but most are not.  It's just hard to resist the temptation.  I've noticed a younger generation has almost no ability to resist it.  But resist it we should.
The sabbath was made for man, and not man for the sabbath:
So we are informed at Mark 2:27. And very true it is.  Even for those who are non religious, people need a brake.  The expansion of work in an intrusive fashion is a feature of our evolving lives, and not a good one.

A century ago, in 1915, when a lawyer, for example, went home, his mail didn't go home with him, and his work probably didn't either.  He might get a telephone call, if he had a phone, at home, if it was a true emergency.   This would also have been true half a century later, in 1965.  Or in 1985.  Not now. This has been a revolutionary change, but it's one that we have to question if we're really benefiting from it?  My guess is that nobody does, and a condition in which fewer things are available after the business day and weekends, and in which people are harder to get in touch with while not at work, might be a better one.

Tuesday, April 28, 2015

Churches of the West: San Miguel Church, Santa Fe, New Mexico

Churches of the West: San Miguel Church, Santa Fe, New Mexico:








This church is the oldest church in the United States.  Built between 1610 and 1626, the church is still an active Catholic church offering two Masses on Sundays.
 
This church serves as a reminder that our concepts of North American settlement are often somewhat in error.  This church in is the American Southwest and has been in active use for over 400 years, a figure longer than any church in the American East, and a demonstration that much of what we associate with European civilization in North America was already further West at an early stage than we sometimes credit, and that what became the North American civilization was already less European, in significant ways. This church, for example was constructed by regional natives.

Sunday, April 26, 2015

Lex Anteinternet: Protesting Too Much: Lex Anteinternet: The return...

I received this past week the newsletter my local representative puts out about the past legislative session.  In it, he notes that all four of the bills he sponsored passed and became law.  And then he goes on to metion. . .  three of them. 

That's right, only three.

The fourth one remains undisclosed in the letter.

I know which one that is, it's the bill discussed here:
Lex Anteinternet: Protesting Too Much: Lex Anteinternet: The return...:   I've commented several times on this year's legislative efforts regarding the Federal lands in the state, with a comment on the...
I noted in that entry I'd written my representative and received a reply.  I'll bet I wasn't the only one who  wrote him, and I'm guessing that those who did write were not pleased. 

Since this bill passed, and even at the time of its passing, news regarding it became remarkably quiet.  It's as if it isn't even there.  The legislature passed it, but chances are that they were getting a lot of mail like mine towards the end, and after, and now there may be a feeling that its better not to say too much.  This is not the norm for Wyoming's legislature, where normally we'd see discussion about big things that they've done.  If they've grown quiet on it, while still proceeding on, there may well be some conflicts and second thoughts, and a desire to get a ways past the session before this becomes news again.

Well, in my prior entries I noted that voters who care about this issue are unlikely to forget it.  Noting that  "four" of the bills you sponsored while discussing only three isn't going to cause us who wrote about it to forget who it was that caused this to occur.  I expect next election this will be an issue.  It should be. 

Sunday Morning Scene: Churches of the West: Community Baptist Church, Glenrock Wyoming

Churches of the West: Community Baptist Church, Glenrock Wyoming: