Friday, July 27, 2018

Are You A Lonely Lawyer?

Originally published by bcuban.

Lawyers are a lonely bunch.  At least that is what a recent survey found, as reported by the Washington Post.  Using a “loneliness scale,” lawyers beat out more than 1,600 other professions.

There are many aspects and triggers to loneliness but one many in the legal profession can identify with is social isolation.

Here is how one lawyer deals with that issue.

Miriam is a practicing criminal defense attorney in the Washington, D.C., area. She says:

When I went out on my own, it was pretty jarring. There was no one to ask a question of, no one to just vent frustrations to. And criminal defense is an incredibly frustrating area of law. There was no reason to take a break, because who was I going to socialize with? Myself?

Miriam then joined a listserv called SoloSez (part of the American Bar Association), and it turned out she wasn’t alone: “There were lots of us solo practitioners struggling with the same thing. Who do you talk to when you are literally all by yourself all day long.”

As to how isolation impacted her personally and professionally, Miriam says:

I realized the value of human interaction in professional settings and how important it is as a stress relief. Water cooler talk may be lame but it is important. I ended up renting an office inside a larger firm. Lots of solos in that office space and we became friends. My productivity increased and I was just generally happier.

Today, Miriam has a small law office with employees, and they all have an open-door policy. She says:

We eat lunch together, we talk about our cases on a regular basis, and we are able to talk to each other freely. What’s the point of working with people if you can’t talk to them? I recommend renting an office in a suite – having someone else there to vent to is incredibly important. And while you may say oh I can talk to my wife when I get home, etc., it really isn’t the same. Being at work and bitching, then being able to go home and not feel so frustrated, is a great thing!

I also reached out to a treatment provider who deals with social isolation issues in his practice. Dr. David Henderson is a psychiatrist practicing in Dallas, Texas.[1] One of the issues I asked him to address is the difference between damaging social isolation and the simple desire to be alone. He says:

There are two states of aloneness: the physical state of being alone (solitude) and the emotional state of being alone (loneliness). Solitude is not always painful. In fact, it may be quite pleasant for those who are confident and comfortable with themselves, and who understand that it need not be a permanent experience. A stable balance between solitude and time with others is necessary for mental and physical well-being. Even when we are forced to be alone, knowing that someone is with us in spirit helps.

Conversely loneliness, the emotional state of being alone, is the belief that no one else understands our circumstances, our thoughts, or our emotions, nor do they care. Social isolation is the combination of these two states, experienced by an individual for an extended period. The length of time in social isolation for any individual can vary, but both the emotional state and physical state feed off of one another, creating a perpetual inability within the individual to reengage society in a meaningful way.

Here are Dr. Henderson’s tips for dealing with social isolation:

Plan ahead. Isolation and loneliness can result from procrastination. When an individual fails to anticipate future isolation and plan for it, it never gets better. Individuals must carve out time in their schedules for social engagement like they would carve out time to study or complete a task for work. Waiting until the last minute always ends with missed opportunities.

Confront the mind-games you play. We all have a script that plays over and over in our heads that dictates our actions. The most successful individuals are the ones who recognize the script and make the hard decisions to act contrary to it. The key to overcoming social isolation is being able to acknowledge the very real pain that exists in engaging others and then working to develop the confidence within oneself to know that you have the power to endure and overcome it.

Seek out accountability. For many, this accountability starts with one person: a trained professional counselor. A professional can challenge you to think outside the box, provide you with resources that will help you overcome the struggle, and check in with you to measure your progress. Overcoming social isolation is like any other challenge. In order to break the cycle, we must reach a point at which the pain of staying the same is worse than the pain of changing. If you are struggling to reach out and find help, simply ask yourself one question, “What do I have to lose in reaching out for help?” Make a decision today that you are going reengage one step at a time. Fight discouragement with true statements about your abilities, and recognize that with each decision to think and act contrary to what you feel, you are getting stronger and closer to your goals. You are not alone. Keep reaching!

What’s the common thread here to either becoming or staying connected in a healthy way? Reaching out! Regardless of the genesis of your feelings of loneliness and isolation. It all starts there.

[1] David L. Henderson, M.D., is a board-certified psychiatrist, author, and professional speaker. He is the owner and president of Four Stones Collaborative Group, a mental health practice in Dallas, Texas, treating a wide range of psychological issues including depression, anxiety, substance abuse, and trauma. He is the author of the book My Teenage Zombie: Resurrecting the Undead Adolescent In Your Home. For more information about his practice or for further resources, you can visit his websites at https://ift.tt/2AgTBvN and www.fourstonesgroup.com.

Brian Cuban (@bcuban) is The Addicted Lawyer. Brian is the author of the Amazon best-selling book, The Addicted Lawyer: Tales Of The Bar, Booze, Blow & Redemption (affiliate link). A graduate of the University of Pittsburgh School of Law, he somehow made it through as an alcoholic then added cocaine to his résumé as a practicing attorney. He went into recovery April 8, 2007. He left the practice of law and now writes and speaks on recovery topics, not only for the legal profession, but on recovery in general. He can be reached at brian@addictedlawyer.com.

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Fifth Circuit Affirms Right to Discuss Conditions of the Job

Originally published by Thomas J. Crane.

The National Labor Relations Act has always protected a worker’s right to discuss “terms and conditions” of employment. Sec. 7 of the NLRA protects the right of workers to discuss conditions at their job. Sec. 7 of the NLRA is found at 29 U.S.C. § 158(a)(1). 

But, because labor unions are so rare in the country now, very few people are aware of this right. The right applies even before a union is formed. When the NLRA was passed into law, Congress recognized that to form a union, workers would have to discuss problems at work. I last discussed those Sec. 7 rights here. The Fifth Circuit has recently re-affirmed the right to discuss conditions at work. In the case of In-N-Out Burger v. NLRB, No. 17-60241 (5th Cir. 7/6/2018), some fast food workers demonstrated solidarity with a national movement to raise the minimum wage to $15. The workers wore buttons with the slogan “Fight for $15” to work.

Management then cited a company rule that forbade workers from wearing any pins or stickers on their work uniform. The workers complied. Someone filed a complaint with the NLRB. The NLRB found the burger chain to have violated Sec. 7. The Fifth Circuit agreed. Despite the rule against buttons, the burger chain requires its workers to wear holiday themed buttons at Christmas time and a donation button in April seeking donations to the In-N-Out Foundation. The burger chain argued that “special circumstances” under the NLRA would allow them to implement rules regarding food safety and to project a certain “public image.”

The appellate court was not impressed. It reviewed the history of Sec. 7, noting its critical role in forming labor unions. It noted that “special circumstances” under the NLRA pertain to work place safety. The no pins or buttons rule had no direct connection to the company’s desire to presenting consistent menu and ownership structure at each restaurant. Prior cases law does not support a “special circumstances” privilege in regard to buttons and interacting with the public. And, the use of a Christmas button and a donation button undercut the company’s claim that “special circumstances” required that uniforms be button free. The appellate court found in favor of the NLRB. See the decision here.

Overcoming Sec. 7 is very difficult. In-N-Out Burger wasted a lot of effort.

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Project Planning for Lawyers – Upping Your Game in a Chaotic World

Originally published by Darin Klemchuk.

In nearly two decades of practicing law, I have tried numerous systems to manage projects, stay on top of tasks, and delegate work to team […]

The post Project Planning for Lawyers – Upping Your Game in a Chaotic World appeared first on Klemchuk LLP.

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Look What You Made Him Do: Taylor Swift Sued Over App’s Alleged IP Infringement

Originally published by Zach Warren.

 

Patrick Bénot, CEO and owner of Long Island-based computer consulting services company SwiftLife, says the singer’s app The Swift Life infringes upon his company’s trademark.
      

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Can Corporate Officers be Held Personally Liability for Environmental Violations in Texas?

Originally published by Environmental and Energy Law Blog.

 

The Texas Supreme Court recently overturned an Austin Court of Appeals decision which held that a corporate officer could not be held personally liable for environmental violations unless certain conditions were present. Below is an overview of this decision and its implications on corporate officers in Texas.

The Case

The case involved an action by the State of Texas against a corporation and one of its officers for failing to comply with provisions of the Texas Water Code. The state alleged that the corporate officer personally engaged in activities that constituted violations of the Texas Water Code. Before making its way to the Texas Supreme Court, the Austin Court of Appeals, in relieving the corporate officer of liability for the alleged environmental violations, held that that a corporate officer could only be liable for such actions if his or her individual conduct was fraudulent or tortious.

However, at the Texas Supreme Court, the state argued that the laws in question, Texas Water Code sections 7.101 and .102, should be interpreted based on their plain meaning. The laws, which prohibit a “person” from committing certain environmental violations, also state:

A person who causes, suffers, allows, or permits a violation shall be assessed for each violation a civil penalty of not less than $50 nor greater than $25,000 for each day of violation….

The state, in focusing on the laws’ use of the word “person,” argued that this language clearly intends liability to apply to both individual actors and corporate entities—not just corporations.

The Decision

Agreeing with the state that the term “person” refers to an individual, the court held that a corporate officer who violates the aforementioned sections of the Texas Water Code may be held personally liable for his or her unlawful acts. In reaching its decision, the court joined several other state and federal courts that have reached similar decisions regarding the personal liability of corporate officers.

Texas Environmental Law Attorney

If you or your company have been cited for non-compliance or are facing legal action based on non-compliance, then you need an experienced Texas attorney like C. William Smalling on your side. Smalling, with a background in engineering, understands both the technical and legal aspects of situations affecting corporations in the oil, gas, and energy industries. Whether negotiating with the government or litigating government enforcement actions and private tort suits, the experience of C. William Smalling provides corporate clients with a significant edge in all oil, gas, and energy matters. We take pride in providing our business clients with the legal tools to remain confident while navigating the complicated world of environmental regulations. If your company is facing legal action or simply needs guidance in the area of environmental law, please contact the Law Office of C. William Smalling for a consultation.

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Thursday, July 26, 2018

Team of 23 Lawyers Mobilized, Helping Hurricane Victims in Texas, Florida, Puerto Rico

Originally published by Brenda Sapino Jeffreys.

 

About 200 lawyers applied for 23 positions as fellows working at legal aid organizations assisting victims of Hurricanes Harvey, Irma and Maria.
      

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.



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6 Tips For A Successful Law Firm Blog

Originally published by Stacey E Burke Blog.

It’s no secret these days that content marketing is a must for law firms when it comes to boosting online presence and attracting new clients. What better way to achieve brand awareness and traffic to your website than blogging?

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