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Sunday, November 24, 2024

Remediation and Reminders

There is empathy, there is sympathy, and there is a genuine need for help. I lecture my students persistently about their desire to become part of the legal profession. I caution them about the statistical evidence that consistently finds lawyers in the top echelons of professions for alcoholism, drug challenges, divorce, and even suicide. See Construction (June 2024); Risks for Attorneys (June 2019). 

Stated simply, most people seek a lawyer when they experience challenges and their goal is to have those challenges become the lawyer's burden in exchange for some price. I have seen lawyers who absorb such burdens and suffer under them, and others who seem utterly ambivalent to the emotions or challenges of the client. For a time, I thought the indifference was a callus or protection that had evolved, but experience taught me that neither age or experience is necessarily an accurate predictor. 

A "problem" leading to representation is not universal. There are those instances in which a client wants to accomplish something uplifting like an adoption or the launch of an inspiring non-profit. However, even in those instances, there are stressors, deadlines, and complications that lead the client to seek expertise. The lawyer takes on these challenges and the stressors. 

It is likely the same for others. Doctors, dentists, psychologists, counselors, and more are in the very business of assessing, addressing, and remediating their customers' problems. That may not mean a daily dose of despair or tribulation, but there is the probability that problems will come as part of some of the professional's practice. 

I caution young lawyers to remember that they are not alone. I openly admit to them that I think we all have hidden behind our veneer of confidence or competence. I believe there is no lawyer out there who has not made a crucial mistake, missed a critical deadline, and faced a troubling consequence. If I am wrong, and you are the perfect one, please email me. I would be happy to feature your flawless life in a future post. 

It is critical that we accept our humanity. Humans are imperfect. They fail periodically through this or that. The causes are not as important in my opinion. It is the fact that we make the mistakes, missteps, and errors that is important. That they are part of our humanity is what is important. Certainly, there are such errors that are difficult to repair or even remedy. But that does not change the reality that they are part of our humanity. 

One critical point is that "when you find yourself in a hole, quit digging." Too many are bent on avoidance and refuse to simply own the mistake and begin remediation. 

I recently had the impetus to re-explore a lawyer's error. I found myself in a conversation that involved a proposal to bestow an honor. From my perspective, the lawyer under discussion is an honorable, focused, and admirable attorney. This is a person that has devoted a lifetime of effort and contribution to a particular field of law, and the people who practice it. The lawyer is admired and even revered. 

Nonetheless, there is a mistake lingering in the wake of this luminary. And the lesson here is that a mistake or two can follow you for longer than you might think. Yes, there are consequences both possible and probable. That is reality. That said, there are paths to redemption and returns to promise. Those paths will restore professional stature, community acceptance, and livelihood. Those paths may begin to atone for the mistake, but perhaps will not completely erase the mistake or its memories. 

In any event, it is critical that the professional not internalize the stresses that are brought to her/his door by the customer. The problems are to be dealt with. The challenges are to be faced. But those are the client's problems and challenges. The professional has to deal with them without adopting, internalizing, and owning them. 

I was reminded of that by a recent news story of a suicide published by the British Broadcasting Corporation (BBC). It features a veterinarian. That is a special group of people. I have met various medical doctors who seemed detached from their patients, but every veterinarian I have worked with has been an animal lover at heart. They seem inclined to both those feelings and their public display. That is anecdotal, but I suspect it is easy in that role to love one's patients. 

This vet perceived people as waiting too long to seek help, and thus eventually presenting ill pets incapable of remediation. He perceived people of means who were unwilling to face the expense of various treatments, and his disappointment in their decisions was palpable. He faced a frustration in his profession, and perhaps if my love of animals hypothesis holds he faced a frustration with people on a more foundational level. 

There is therefore some potential that frustration and perceptions led to his decision to take his own life. That is certainly a theme of the article. However, it is also possible that his "double life" and "secret affair" with another lover were difficult to balance, reconcile, or excuse? Nonetheless, the veterinarian's frustrations became insurmountable in his estimation. He found himself in a place from which he perceived only one outlet, and misused animal medication to end his life.

The confluence of this news story and my recent experience with a lawyer's redemption reminded me of the potentials for anxiety and depression. There is sometimes a human nature to make macro decisions based on micro foundations. Stated otherwise, never make long-term changes based on short-term events. See Mental Health News (September 2020).

There are paths out. If you think you have made an unfixable critical error, you should talk that out with someone. There is no sin in admitting you are human. Find a friend, a mentor, or a counselor. There is a real chance that reality is different from what your self-critical perspective suggests. Know that there is redemption, and many manage to recover admirably from misstatements, mistakes, and missteps. See Remediating (November 2022). The path to remediation is easier with the help of others. 

Remember that there are various resources at your disposal, here and elsewhere. Details for Florida connections are in Dealing with Desperation (November 2019). Nationally, there is a "988" hotline at your disposal, see September is Awareness Month (September 2022). The point is that help is available, troubles and challenges are transient, and redemption or remediation is possible, despite being a journey in themselves at times.