One of the things that we as attorneys often do not openly talk about is when we experience instances in our personal lives that threaten our abilities to focus on being effective advocates for our clients. No one wants to admit that sometimes, life intervenes and things outside of our professional duties can work hard to distract us from our work and our jobs. To admit that, as attorneys, feels like the death knell of actions because there is so much pressure in our jobs to deliver, and deliver on task and within strict timelines. Sometimes these occurrences are annoying instances of life that we just have to deal with. Sometimes these occurrences are literally life and death; sometimes our own. Where is there room for the busy lawyer to experience life interruptions like this, and will the profession have any empathy for us when it happens?

            Recently, a colleague of mine who I respect and have had the pleasure of having a good relationship with, had a major medical event happen to them. I mean, this medical event put them in the hospital for a period of time. We had one case together and I did not realize this had happened to them until it came to me that they hadn’t responded to my last communication in the time frame that was usual for them. When I called their office, their administrative staff told me of what had happened and apologized for them not getting back to me. I was stunned. I immediately emailed them directly to offer my support to them and words of encouragement. In addition, I let them know that the work issue between us could absolutely wait and that I would explain that to my client; and for lack of a better term, my client was just going to have to fucking deal (trust me, it absolutely could wait). In response, they thanked me and told me that I was one of few practitioners who had reached out to them with a kind word during this arduous time. I was shocked. I mean, for godsake, they were in the flippin’ hospital and other lawyers couldn’t take a pregnant pause, put things in perspective, and offer patience and understanding? What the fuck?! Not acceptable. This shit about our profession needs to really change.

            But, the demands and requirements of our profession and the Bar we report to require us to be “on” at all times. If for some reason, we can’t, I don’t find the alternatives proscribed to be all that sympathetic. Well, unless you have a drug or alcohol addiction, or DSM-V diagnosed disorder, perhaps. I find there is a helluva lot more empathy for those practitioners struggling through addiction and significant mental illness than those that experience say, liver failure and need hospitalization. At a recent calendar call, one of my colleagues had the bravery to admit that they, upon the advice of their physician, could not commit to scheduling any trials for at least two months. Their opposing counsel was unphased and continued to push the court to set a date for that month. It was a relief that the Court did not yield to the unreasonable and quite frankly, short-sided demands of the opposing counsel, and set the case out two months for scheduling. But what if it was another Judge that didn’t see it that way?

            What about those of us who are just dealing with a lot of unexpected responsibilities outside our work while we are still working? What professional resources or protocols are there available to practitioners? In North Carolina, we have the North Carolina Lawyer Assistance Program (NCLAP) which offers support and guidance to attorneys who are experiencing, according to them, any issue, big or small. NCLAP talks a lot on their site about the lawyer struggling and in the midst of crisis. But, what if you are not in crisis, but just juggling more than your fair share of personal responsibilities while also having to work? What if you just want some pointers? Is a resource like NCLAP tailored to help the practitioner with those personal issues NOT tied to significant addiction or mental illness? Well, let me find out! To be continued…