The Court Jexter, The Illich Principle, And When Old Becomes Too Old

// First there was texting, and then sexting. How about “jexting” as the latest? Lincoln County District Judge Traci Soderstrom, the Oklahoma judge who presided over a murder trial while busily texting with her bailiff, has resigned. She is a classic example of multitasking gone bad.

While presiding over the trial, the judge engaged in her own color commentary with her bailiff. At least, she had the common sense to resign, common sense that was obviously not on display during the trial. Her resignation comes after the state accused her of inappropriate judicial conduct (gross neglect of duty and gross partiality) and sought her removal. The judge resigned, claiming that she is better suited to be an advocate than an arbiter. (Really?) She has agreed to not seek another judicial position. Yet another example of squandering an opportunity that so many others want.

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What’s the moral here? Don’t “jext” and preside at the same time? Don’t trash those who appear in your courtroom? Don’t write stupid emails, texts, or posts on social media, as all of them will sooner or later be out there for the world to see? (Dominion v. Fox is just one example.)

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Have you heard of Illich’s Law? Rather than your productivity increasing after hours spent working on something, the opposite is true: your productivity declines after all those hours. Is working all night to write a brief, prep for trial, mediate a case to settle in the wee small hours of the morning a good or a bad thing? Peeps will have differing opinions as to the value of what has been produced, whether the brief is dreck, or whether the settlement will be durable.

Working too long on any one matter is counterproductive. Take breaks. (Try telling that to the senior associate or partner who doesn’t think you have spent enough billable time on the matter.)

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In addition to the growing conversations about the ages of the likely presidential candidates, similar conversations are being held about the aging judiciary. What are some of the issues? According to Ryan Black, a political science professor at Michigan State who is working with several others on a book about cognitive aging and the federal courts, “there are measurable consequences for just about every facet of the work done by those judges,” pointing to several recent research papers on the aging judiciary. Examples cited include longer delays in writing opinions and borrowing more heavily from litigants’ briefs. The Pauline Newman matter is only the most recently publicized example of when is “old” too old to continue serving as a judge. For that matter, when is “old” too old to practice?

Everyone wants to believe that their lives have meaning and purpose at every age. Relinquishing professional identity is never easy.

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Since a lot of conversation these days is about RTO (return to office) and WFH (work from home), and the collision of desires between management and staff, how about a right to disconnect? Australia is introducing legislation that would allow workers the right to ignore unreasonable calls and messages from their bosses and would penalize employers who violate the rule. What would be “unreasonable” in that context?

And in a new report published by Clio about solo practices, it concludes that those attorneys have not been able to reap financial benefits of larger firms.

No surprise there, since, by definition, solos spend a lot of time on administrative tasks. Add to that, solos have lower realization rates on their receivables. Plus non-solos consistently bill at higher rates than solos. The report notes that solo rates have not kept up with inflation.

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For those either in solo practice now or in the future, take heart, as the report’s findings are not all bad: solos have more positive relationships with clients, more happiness with their professional lives, and more emotional and mental wellness which, in these times, are all benefits not to be sniffed at. Technological changes can also make the life of a solo easier than in the past, so no sniffing at those either. With an emphasis (long overdue) on mental health and wellness in the profession, what matters most to you? There’s no one size fits all, nor should there be.

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Jill Switzer has been an active member of the State Bar of California for over 40 years. She remembers practicing law in a kinder, gentler time. She’s had a diverse legal career, including stints as a deputy district attorney, a solo practice, and several senior in-house gigs. She now mediates full-time, which gives her the opportunity to see dinosaurs, millennials, and those in-between interact — it’s not always civil. You can reach her by email at [email protected].

Topics

Biglaw, Courts, Jexting, Jill Switzer, Legal Ethics, Small Law Firms