JUSTICE BUILDING BLOG

WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM. Winner of the prestigious Cushing Left Anterior Descending Artery Award.

Wednesday, January 25, 2023

"WANT TO BE HAPPY? THEN DON'T BE A LAWYER." .....

 

THE CAPTAIN REPORTS:

Last Friday, January 20, 2023, the Washington Post's Kathleen Parker penned the following:

"Want to be happy? Then don’t be a lawyer."

Reprinted below are some excerpts from her story. You can read the entire piece here.

“It may surprise few that lawyers are the unhappiest people on the planet, at least when it comes to their jobs. This is according to lawyers themselves and is the conclusion of a recent analysis by The Post of data on America’s happiest and unhappiest workers.

Chalk up lawyers’ malaise to high levels of stress and a lack of “meaningfulness” in their work. This doesn’t mean all lawyers dislike their jobs, but data don’t lie (even if some lawyers sometimes do).  This analysis was done by Andrew Van Dam, who, speaking of meaningful employment, delves into vast databanks to answer questions posed by readers. In this case, he examined thousands of journals from the Bureau of Labor Statistics’ American Time Use Survey to find out who’s happy and who isn’t.”

Beneath all this data is perhaps a more important question: What is happiness?

As a teenager, I once asked my lawyer-father if he was happy. Pursing his lips, he thought for a moment, then said, “For some people, happiness is the absence of stress.” I assumed he was referring to himself. He also said in another conversation that he thrived on stress, from which I concluded that life is often contradictory. His answer, nonetheless, was consistent with the survey findings — the less the stress, the greater the happiness.

So, who are the happy devils who love their jobs? Envelope, please. And the winners are: lumberjacks, foresters and farmers.  The common denominator among the three is obvious. They all work primarily outdoors, soloists communing with nature far removed from the white-collar stresses of desk life and paperwork. 

What doesn’t show up in the analysis are any metaphysical reasons such workers are happy. I would submit that it’s because they spend their time close to nature. In my experience, living attuned to Earth’s cycles and seasons — and I don’t mean shopping for outerwear online — has a salubrious effect on body, mind and soul. Thus, Tibetan monks build monasteries on remote mountaintops. Henry David Thoreau lived alone for two years in a tiny shack he built overlooking Walden Pond. And many people find a renewed sense of self and purpose through wilderness programs such as Outward Bound and the National Outdoor Leadership School. Nature works wonders.

City dwellers might say that they experience nature in urban ways — by spending a day in a park, perhaps. Or, on vacation, they get to observe the ebbs and flows of oceans, rivers and lakes. To see wildlife, they can go to a zoo. But such bystander adaptations sidestep the essential point: It’s one thing to observe the natural world; it’s quite another to be a part of it."

So, instead of conducting a poll like has been done a few times before on this Blog, let’s open this up in the Comment section.

Please Comment and answer the following questions:

1. “It may surprise few that lawyers are the unhappiest people on the planet, at least when it comes to their jobs”. ARE YOU UNHAPPY WITH YOUR JOB?

2. For how many years have you been an attorney?

3. Are you a government attorney or in private practice?

4. What percent of your practice is criminal versus civil/other?

5. How many weeks of vacation do you take a year where you actually leave town spending your vacation somewhere else?

6. Do you find that the work you do is meaningful?

Have at it.

CAPTAIN OUT .......
Captain4Justice@gmail.com


25 comments:

Anonymous said...

It beats being a trash collector. Stop whining and start winning. I feel like I'm on vacation everyday.

Anonymous said...

1. ARE YOU UNHAPPY WITH YOUR JOB? yes

2. For how many years have you been an attorney? 26

3. Are you a government attorney or in private practice? private

4. What percent of your practice is criminal versus civil/other? 100% civil

5. How many weeks of vacation do you take a year where you actually leave town spending your vacation somewhere else? less than one for the first 22 years - recently began taking a maximum of 10 days per year.

6. Do you find that the work you do is meaningful?

Anonymous said...

1. ARE YOU UNHAPPY WITH YOUR JOB?

A: Yes, I am unhappy with my job. But it's not that simple. It pays the bills and provides for my family. I am not getting shot at, doing back breaking labor, or scrapping the guts of some horrific traffic accident off of I-95. But if another way to make comparable money materialized, I would RUN, not walk, from the practice of law.

2. For how many years have you been an attorney?

A: 17 years

3. Are you a government attorney or in private practice?

A: private practice

4. What percent of your practice is criminal versus civil/other?

A: 100% civil

5. How many weeks of vacation do you take a year where you actually leave town spending your vacation somewhere else?

A: in 17 years I have probably taken 10ish of those as a stand alone week. If you add 3 and 4 day weekend getaways, it might approach 17ish weeks in 17 years.

6. Do you find that the work you do is meaningful?

A: No. Not at all. With occasional exceptions (usually broke and unable to afford my firm's services), I find my clients to be somewhere between petty, cynical, and/or proud to a fault. The system is not set up to help those in genuine need to receive meaningful relief. When the little guy gets ripped off, the procedural obstacles to relief are cost prohibitive. The adversarial nature of lawyering creates perverse incentives for procedural battles to take a life of their own and to subsume the dispute as to the merits. Seriously, nothing will suck the life out of you like arguing Fortune 500 defendant's second amended set of boilerplate objections to 20 of plaintiff's RFPs while also responding to Defendant's motion to strike motion to compel for failure to adequately meet and confer. It's not to say that there haven't been happy and proud moments - there have and continue to be. But the overall take away is that lawyering feels like being shackled by silver handcuffs (I'm comfortable, but not golden handcuffs comfortable) to a desk that makes me somewhere between a Vogon (https://en.wikipedia.org/wiki/Vogon) and the disposable cannon fodder of wealthy clients who want someone else to bleed (metaphorically) over their petty battles. The silver lining is that I provide(ish) for my family. I say "provide(ish)" because even my healthy 6 figure salary does not afford us the American dream of old without my wife also working and contributing the household bottom line. (Yikes, what a diatribe. LOL. I'm going to have another cup of coffee, get back to billing, and hopefully finish in time to play ball with my boys before the sun goes down.)

Anonymous said...

This may be the most important blog post in a while. During the pandemic (and after going through some scary medical issues), we moved out of Florida to pursue a better quality of life. The prospect was initially terrifying, but it's turned out to be one of the best decisions we've made. Moral of the story - life is too damn short to put off happiness. As to your questions:

1. ARE YOU UNHAPPY WITH YOUR JOB? Not really. I enjoy lawyering as an intellectual pursuit and when it makes a positive change in a client's life. I am very fortunate to have a law partner and firm that is family and personal-time friendly.

2. For how many years have you been an attorney? 19 years.

3. Are you a government attorney or in private practice? Private.

4. What percent of your practice is criminal versus civil/other? 100% criminal - 70% federal/30% state.

5. How many weeks of vacation do you take a year where you actually leave town spending your vacation somewhere else? Three to four.

6. Do you find that the work you do is meaningful? Usually yes.

As an aside, it's not just the practice of law that needs a complete overhaul. The Western mindset of putting work before all else, being constantly available, and not setting personal boundaries crosses many professions. Sadly, I don't see this changing anytime soon - it's been too ingrained in our society since its foundation. And that's too bad. I don't know anyone who, on their death bed, has wished they'd spent more time at work. We are all replaceable, expect when it comes to our loved ones.

Anonymous said...

1. “It may surprise few that lawyers are the unhappiest people on the planet, at least when it comes to their jobs”. ARE YOU UNHAPPY WITH YOUR JOB?

I love my job.

2. For how many years have you been an attorney?

33

3. Are you a government attorney or in private practice?

private

4. What percent of your practice is criminal versus civil/other?

100% civil

5. How many weeks of vacation do you take a year where you actually leave town spending your vacation somewhere else?

3 or 4 (I'm a homebody)

6. Do you find that the work you do is meaningful?

Metaphysically, it is probably not meaningful to society (it ain't the ACLU). But it is meaningful on a personal level and important to the clients.

Anonymous said...

1. happy with job
2. 31 years as atty
3, 4. Fed Public Defender - 100% criminal defense
5. at least 2 weeks out of town, about 2 weeks on stay-cation kind of things
6. I find my work very meaningful but get stressed because clients need so much more than I can give them. I can do a great job in the courtroom but physical health needs, mental health issues, housing issues, job issues (need stable job that pays enough to live), lack of drivers license (usually due to suspension for past due costs), etc are beyond my realm. I get tired of saying "I can't help with that."

Anonymous said...

1. ARE YOU UNHAPPY WITH YOUR JOB? NO
2. For how many years have you been an attorney? 45+
3. Are you a government attorney or in private practice? Private practice
4. What percent of your practice is criminal versus civil/other?50/50 criminal and civil
5. How many weeks of vacation do you take a year where you actually leave town spending your vacation somewhere else? None. sometimes a few days here and there
6. Do you find that the work you do is meaningful? Absolutely, particularly the criminal

Anonymous said...

Boo hoo.

Rumpole said...

This is Rumpole- by posting it you will see its me

ARE YOU UNHAPPY WITH YOUR JOB?

2. For how many years have you been an attorney? 38+

3. Are you a government attorney or in private practice? Private

4. What percent of your practice is criminal versus civil/other?
99.9% criminal

5. How many weeks of vacation do you take a year where you actually leave town spending your vacation somewhere else?
12

6. Do you find that the work you do is meaningful? Yes

Anonymous said...

Edward Lopez

Anonymous said...

1) I am not unhappy. I do feel stressed almost everyday, but I feel fulfilled in that I am helping people with their problems, and I am able to earn a good living for my family and I.
2) 18 years as an attorney.
3) Private Practice
4) 50% criminal defense/50% family law/divorce matters
5) 2.5-3 weeks a year. It would be good to take more time off buy I find it very very difficult to do so as a solo practitioner and a busy criminal/family practice.
6) I do find the work meaningful. Whether someone comes to me after they have been arrested, or their marriage is falling apart, they need my help. As a lawyer we have received certain training and we posses a special skill to help people. whether it be a DUI, divorce, or contract issue, people come to us in a time of need.

Being a lawyer is a stressful but meaningful job. Life is not all about living stress-free. And if you are good at it you can earn a great living.

Thank you Rumpole for bringing this topic for conversation.

Anonymous said...


1. ARE YOU UNHAPPY WITH YOUR JOB? Much more so than I ever was in the past.

2. For how many years have you been an attorney? 38

3. Are you a government attorney or in private practice? Private practice

4. What percent of your practice is criminal versus civil/other?

100% civil

5. How many weeks of vacation do you take a year where you actually leave town spending your vacation somewhere else? Usually at least two full weeks of vacation during the year; a few 3-4 days weekends; and I spend 10-12 weeks in North Carolina each summer.

6. Do you find that the work you do is meaningful? Again, not nearly as much as I used to.

Thank you for this excellent post. It's nice to see the responses and know that I am not alone. The stress of our profession can be overwhelming at times (too often), especially when I used to handle mostly criminal cases. It's part of the reason why I got out of criminal and transitioned to civil. There is nothing more important than our mental health and we really need to learn to take care of ourselves better. I attended yet another funeral today and I realize, more and more, that I need to spend more me time enjoying life.

Anonymous said...

2. For how many years have you been an attorney? 23

3. Are you a government attorney or in private practice? Private

4. What percent of your practice is criminal versus civil/other?
60 criminal 40 civil

5. How many weeks of vacation do you take a year where you actually leave town spending your vacation somewhere else?
+/- 10

6. Do you find that the work you do is meaningful? Yes

Anonymous said...

1. ARE YOU UNHAPPY WITH YOUR JOB? NOPE

2. For how many years have you been an attorney? 23

3. Are you a government attorney or in private practice? private

4. What percent of your practice is criminal versus civil/other? 100% civil

5. How many weeks of vacation do you take a year where you actually leave town spending your vacation somewhere else? In total probably 6-7. Lots of long 4 day weekends

6. Do you find that the work you do is meaningful? Yup

Anonymous said...

1. Happy with the job most of the time.
2. 40+ years as an attorney
3. Private practice
4. Civil
5. Minimum two weeks vacation out of the country
6. Yes, meaningful to me and my clients

Anonymous said...

@936am

"It beats being a trash collector." But does it though? The only metric that I can see that makes lawyering better than collecting trash is the pay - and that's important! But it doesn't make the work anymore satisfying.

I'm pretty sure that if I was offered a job collecting trash at the same pay that I make practicing law, that I'd go be a trash collector.

Working outdoors, hanging off the back of a truck, getting to know neighborhoods, and not stuck behind a desk all day. I think I'd take the stink of trash over the filth of litigation any day.

CAPTAIN JUSTICE said...


THE CAPTAIN RETORTS:

To 8:02 PM

Thank you Rumpole for bringing this topic for conversation.

Wednesday, January 25, 2023 8:02:00 PM

PLEASE review the post at the top where it says
THE CAPTAIN REPORTS. PLEASE review the end of the post where it says CAPTAIN OUT.

Do you understand that two people write for this Blog. Rumpole and The Captain.
You are welcome for The Captain bringing this topic up for conversation.

And thank you to everyone for sharing your comments.

Cap Out ……

David Troyer said...

1. Yes, I love my job.
2. 40+ years
3. Government attorney (AUSA and former Miami ASA)
4. 100% criminal.
5. 1 week at the Jersey shore.
6. Absolutely. I get to seek justice, fight drug trafficking and organized crime, have all the fun of a trial attorney, and put bad guys behind bars. What could possibly be more meaningful and fulfilling than that?

Anonymous said...

1. Not Happy. But not because of the law part of it. Nobody told me that I would be hiring and firing assistants, doing payroll, setting up phone systems, hiring an office cleaning company, comparing health insurance quotes, and so on and so on and spending more time running a business than doing anything legal.
2. 25+ years
3. Private
4. 95 % criminal, the other 5% is assorted simple civil matters usually as favor to the criminal defendants.
5. Weeks? Ha! Maybe 2 full weeks. And then a few assorted Thursdays/ Fridays scattered throught to have some long weekends.
6. Meaningful: Yes. To individual clients. And it is great helping them. But also stressed because of similar issues to 1:42 pm. There are so many clients who need so much more than I can provide.

Anonymous said...

I love the various "Captain and Rumpole are different people" posts I've seen throughout the years. Tell us, do Captain and Rumpole know each other's real identities or are you anonymous to each other. Can you tell us how you both came to do the blog and how your respective subject matter spheres developed?

Rumpole said...

I know who the CAPTAIN is. He does not know who I am. If you go back to the first post you will my origin story. I started the blog. It took off. The captain joined several years later and became a contributor. He does a great job especially with local elections. Anyone can contribute. Just shoot me an email.

CAPTAIN JUSTICE said...


TO FRIDAY, JAN 27 AT 2:39 PM

THE CAPTAIN REPORTS:

Thank you for asking: "Can you tell us how you both came to do the blog and how your respective subject matter spheres developed?"

The Blog was started by Rumpole in November of 2005. I began writing in the Comments section soon thereafter under the moniker Captain Justice. I would limit my Comments to the judicial races that were happening during the 2006 election cycle. I was posting about judges and candidates and updating the readers on new filings, informing the readers about the backgrounds of the candidates, and their qualification.

During that time of the 2006 election cycle, Rumpole began posting my Comments on his story line. I was flattered and kind of became a regular contributor at that point.

Finally, on November 20, 2006, Rumpole granted me full access and I was now permitted to post my own columns. (So, to answer your question - I was granted access almost exactly one year after the Blog began on November 16, 2005).

I have always enjoyed politics and elections. From my earliest years I used to love staying up during the political conventions and track the votes of the delegates that was casting their votes for presidential candidates. I guess that partially happened because of the fact that the Republicans held their convention in Miami Beach in 1968 and both parties held their national conventions in Miami Beach in 1972; (I am from South Florida). Because of the work that my father did, I had access to the hotels where the candidates were staying, and I got to meet several of the candidates personally (Nixon, Romney, Reagan, Rockefeller) in 1968 and in 1972 I met Humphrey, McGovern, Kennedy, and others.

So, writing about elections was a natural for me and I am so happy that Rumpole provided me with the thread to run with something I enjoy so much. It has been especially nice to have broken many stories over the years, before even the Miami Herald and Daily Business Review. This past election cycle, for I believe the first time, I was given attribution by several publications including the Miami Herald, Daily Business Review, Florida Bulldog, New Times, etc.

CAPTAIN OUT .......
Captain4Justice@gmail.com


Anonymous said...

I love being a prosecutor. While we're underappreciated by many, I know that we play a critical role in protecting our community. The pay isn't close to reasonable, but I'm happy to make the sacrifice. I know many prosecutors and APDs that feel the same way. Most former prosecutors (and APDs) will tell you that working for their respective offices was better than anything they did before or after.

Anonymous said...

Being a lawyer is a real drag.

Anonymous said...

1. ARE YOU UNHAPPY WITH YOUR JOB? Yes, more and more. But my job as an associate attorney, more than anything else.

2. For how many years have you been an attorney? 14

3. Are you a government attorney or in private practice? private

4. What percent of your practice is criminal versus civil/other? 60/40 civil to criminal


5. How many weeks of vacation do you take a year where you actually leave town spending your vacation somewhere else? About two weeks because that's what I'm allowed. Does that mean I don't answer emails or make some calls while on vacation? No.

6. Do you find that the work you do is meaningful? At times I do, but far and few between. I do what I can within my limited constraints of working where I'm at, but even if I was solo I'm not sure what more I could do. The practice of law, especially in civil, has become more and more demoralizing.