
8 minute read
Embracing the Chaos
I’d been told a jury trial can feel like putting out 100 fires at once. I didn’t expect that the first fire alarm at my first jury trial would sound before the jury was even selected. I don’t mean a metaphorical fire alarm—I mean that a real-life fire alarm, in all its high-pitched and ear-piercing glory, literally rang through the courtrooms of the Hall County Courthouse at 7:30 a.m. on the Monday morning we were to select the jury. We quickly learned that there was no immediate threat; rather, the fire alarms were the result of a malfunction. I soon became well-acquainted with these alarms at the Hall County Courthouse, which resemble the sort of nagging and constant ringing that I imagine folks suffering from tinnitus experience. It seemed like a concerning omen—and perhaps it was given the eventual result—but in the moment, the only thing to do was to embrace the chaos. The courtroom was empty until fire alarms ceased at 8:15 a.m., giving me free reign to run through my first opening statement several times unbothered (notwithstanding the ringing). This helped ease whatever nerves I was feeling, become comfortable in the courtroom, and visualize success.
Somehow, I have been a practicing attorney for two years. I’ve learned that no matter how hard you may try to run from the frequently chaotic nature of practicing law, chaos will always catch up to you. Chaos is a relative and context-dependent term—the chaos felt in a trial setting is different than the chaos felt when you’ve got competing deadlines and only so many hours in a day. However, the throughline amongst all chaos in the practice of law is that you can’t run from it; instead, you must embrace it in a healthy and structured way.
To be a young lawyer is to know that there are countless aspects of the practice of law that remain unchanged because “that’s the way it’s always been done.” In my experience, this turn of phrase largely applies to processes or practices that a generation of lawyers adopted because it fit their time, and fifty years passed without anyone asking, “Why are we still saying, ‘Go hence without day.’” As the next generation of lawyers, young lawyers should take up the mantle to change some of these arcane and antiquated aspects of law—but that rallying cry is for another edition of the Prairie Barrister. To me, there remain several immutable truths about the practice of law that will not change—not because “that’s the way it’s always been done,” but because those truths are innate to the practice of law. One of those truths is that practicing law is chaotic. However, in my modest two years of practicing, I have developed some tools that help me embrace the day-to-day chaos, and I hope will readers young and old.
ACCEPTANCE.
When I was growing up, and something didn’t go my way, my dad would remind me, “Acceptance is the answer to all my problems today.” (If you know, you know). I’ve tried to live my life as an accepting person—not just accepting of other people, but accepting of the situations I find myself in. I’ve found this practice of acceptance to be incredibly helpful in the practice of law. Acceptance does not mean complacency—it means understanding what is within our control. We can’t control the facts of our cases. We can’t control strategic decisions made by opposing counsel. We can’t control the emergency that prompts our clients to call at any hour of the day. All that we can control is our acceptance of, and response to, this “chaos.”
When I accept the uncertainty that arises in my practice, I feel more grounded. If I recognize that something unexpected will happen most days during my career, I will be much more prepared to embrace whatever gets thrown my way. Expect the unexpected, right? When I accept that some clients need more guidance through the process than others, my relationship with that client deepens and I can connect with them better. When I accept that there are certain parts of my practice that I need to get better at, I am more focused on growth and aware of my existing strengths. going wherever that day may take me and getting sidetracked by “chaos” that emerged during the day. I needed a daily agenda of what I planned to accomplish.
My dad would go on in his admonition to say that my serenity is proportional to my level of acceptance. While the practice of law is not often described as “serene,” I think there is a certain peace that comes with accepting that we can’t control what we can’t control. Once we accept the curveballs that get thrown our way, both day-to-day and within specific cases, we can put our skills to use, zealously advocate for our clients, and embrace the chaos.
Get Creative. We have the privilege of a career that lets us use our brains every single day. Unfortunately, it can be easy to fall into a rut, whether daily or in terms of case management. You conduct a new client meeting, sign a representation agreement, send out notices of representation, file a lawsuit, conduct discovery, take depositions, mediate the case, and then proceed to trial. When chaos comes and disrupts our routine, we can get distracted, discouraged, or disillusioned. Instead, if we accept that chaos is going to be a part of our daily practice, we can be ready to think outside of the box when the time comes.
Accordingly, I bought myself a planner, began every day by listing the items I intended to accomplish that day, and crossed them out upon completion (because nothing feels better than crossing out a task). While I am overly ambitious in what I intend to complete in a day, and invariably have tasks carry over to the next day, having a clearly defined list of tasks makes it easier to return to those tasks when I get sidetracked by the “chaos”— whether it be a pressing issue that arises from a client or urgent matter needs to be addressed with opposing counsel. I have also ordered a large whiteboard for my office that I intend to detail outstanding tasks—because crossing tasks off with a whiteboard marker feels even better than crossing tasks off with a pen.
My approach to structure is simplistic when compared to what I know others have done—but it works for me. Find what works for you, stick to it diligently, and make it a habit. When chaos hits, you’ll thank yourself for being able to jump back into your previous task without missing a beat.
Trial attorneys are not robots, and our clients do not want to hire robots. They hire us to use our problem-solving skills and advocacy. Lawyers should be naturally curious people. When we’re confronted with a problem or issue we haven’t run across before, we have the privilege of using the skills that we have spent years honing. If you’re stumped, creative approaches to novel issues are taught frequently at NATA seminars. Send out an email on the NATA listserv—you are almost certain to get a thoughtful response from an attorney who has dealt with the issue or can point you in the right direction. If the issue is pressing, give a wise NATA member a call. It is fun and fulfilling to think outside the box. Your client will be grateful that you are treating their case on an individualized basis. Likewise, you will scratch that curious and creative itch.
STRUCTURE.
I understand it is somewhat oxymoronic to say that embracing chaos requires structure. However, giving yourself structure can build a foundation for chaos’s inevitable arrival. When I was a law clerk, I was great about having a list of ongoing projects, complete with the date the project was assigned, status of the project, deadlines, etc. However, when I started practicing and engaging with clients or work from 8 to 5 everyday, my practice became much less structured. I found myself becoming stressed due to the rapidly growing mountain of matters I had to attend to. It wasn’t enough that I had every deadline calendared. Too often I was
Be kind to yourself. It is easy and natural to feel overwhelmed. Some days just get away from you. Sometimes you need a break from the chaos and should take a day off. Do it. Taking a moment to unplug and focus on yourself will make you a better attorney—you will be refreshed and reengaged. Whether you call it a Treat Yourself Day or a Mental Health Day, it’s important to give yourself some grace, rest, and relaxation.
As some college football fans may be aware, NCAA Football 25—a college football video game—was released in July after a decade-long hiatus in the series. Though I don’t have much time for video games these days, my younger years saw me playing a healthy serving of earlier incarnations of the NCAA Football series. Soon after NCAA Football 25’s release, I took a Friday afternoon off to unplug and return the Huskers to glory. Several national championships later, I found myself rejuvenated and ready to embrace some chaos.
CELEBRATE.
This one is simple: Celebrate your successful navigation through a chaotic situation. You earned it.
As much as we may wish that chaos didn’t exist in the practice of law, it does, and we cannot run from it. However, we can implement strategies to help manage our embrace of the chaos. In turn, our level of burnout will hopefully decrease, and, with any luck, the sense of fulfillment derived from our practice will increase.
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