Avenue Blog

Help! I’m Trapped in the Law

By Ellen Ostrow, Ph.D.
Law Career Consultant

An extremely bright and accomplished woman attorney explained to me why it was impossible for her to do anything but practice law at this point in her life. Having worked in both government and private settings, she was certain she had a clear idea of what her chosen profession entailed, and concluded that no area of the law would hold her interest.

She had a very clear sense of personal priorities and knew she wanted family to come before work. She did not apologize for her unwillingness to work a 60-80 hour week. But her remaining law school debt loomed largely before her. And furthermore, she just couldn’t imagine NOT being a lawyer; not after having invested so much time, money and hard work in her field.

Essentially, she believed she was trapped; that she had no options except to continue doing the work she was trained to do and to remain forever dissatisfied.

In my counseling experience, this is a fate to which many lawyers believe they are doomed.

The fact is, dissatisfied attorneys can find rewarding work both within and outside of the legal world. I’ve worked with lawyers who are now teachers, writers, marketing executives, entrepreneurs, lobbyists, private investigators, legal career counselors, mediators, and psychologists, to name only a few. I’ve also seen attorneys transform their lives by changing practice areas, moving from a large to a small firm, transition into academics, or by choosing alternative work arrangements.

But before you can make a change, you have to believe that you can. Here are four common myths keeping lawyers feeling trapped in their jobs:

MYTH #1. It is irrational and wasteful to choose not to practice law after completing a legal education.
REALITY. Many professionals consider a legal education to be the best type of overall training a person can have. Your legal education will never be wasted, regardless of the work you choose to do.

MYTH #2. Your work experience gives you a thorough and realistic picture of the universe of legal practice.
REALITY: Most lawyers are aware of only a small percentage of work options available to them. In reality, you have a large menu of job opportunities from which to choose. To fully educate yourself, investigate every practice area; the advantages and disadvantages of work in large, medium, small, and solo practices, as well as opportunities in all levels of government, law schools, the judiciary, public interest, bar associations, business and education.

Alternative work arrangements also exist in some work settings. Surveys indicate that many women attorneys neither know about, nor take advantage of flexible schedules or part-time arrangements that may be offered by their firms. In fact, many women lawyers are not even aware of their firm’s maternity leave policies.

Some women do not choose to use alternative arrangements for fear of being permanently “mommy-tracked.” This concern is often well-grounded. But as shown in the book, Presumed Equal, there are vast differences among law firms in the flexibility of work arrangements and opportunities for advancement and partnership they offer women who choose thee options. To find out about alternative practice areas, check the ABA Web site and follow the links to every section and practice area. Attend your local Women’s Bar Association meetings and network with lawyers from different work settings. Certainly, if you decide to change practice area, you’ll have to make yourself marketable. But there are steps to follow and role models to inspire you; many women lawyers have already paved the way to success.

MYTH #3. There is no other way to produce sufficient income to pay down law school debt besides continuing to work as a lawyer.
REALITY: There’s no question that law school debt can be daunting. But so is the prospect of spending your life feeling trapped. There are many ways of generating income once you leave the law behind. By pursuing your “right livelihood,” you’ll put yourself in a better position to pay off your debt in the long run simply because you’ll be more effective and successful in your new field.

MYTH #4. You’ll need another degree to find a job outside of legal practice.
REALITY: Consider the skills you’ve acquired through law school and your legal experience: the ability to write clearly and persuasively, to think on your feet, to think analytically, and to communicate effectively, to synthesize ideas, problem-solve, advocate and advise. Although certain professions (like medicine) require a degree for licensure, many of the careers you’re likely to consider will value the skills and training you’ve already acquired. Most will require experiential training (internships, for example) rather than degrees. Though some schooling may be required, it probably won’t be as rigorous (or expensive) as law school was.

Finding career satisfaction is never impossible. The key to finding career satisfaction either within, or outside of, the law is to:

* Do a thorough self-assessment of your interests, talents, values and passions.
* Carefully and thoroughly research all the possible options available to you — including many possibilities you’ve never before considered.
* Conduct extensive informational interviews to ensure that the work you’re considering fits with your life, not just your interests.
* Make a long-term, step-by-step plan which includes strategies for addressing financial needs.

Many attorneys find it easier to accomplish the above steps and ultimately reach their new career objectives by establishing an ongoing relationship with a professional coach. Coaching is convenient. Since it is conducted via telephone (with email and fax backup), you don’t need to add travel time to your busy schedule. And the structured, task-focused nature of coaching can allow you to accomplish your objectives more efficiently.

* Ellen Ostrow, Ph.D. established www.LawyersLifeCoach.com to coach busy lawyers who might benefit from the insights gained from her 20 years as a psychologist combined with her experience and familiarity with the legal profession. LawyersLifeCoach is a professional and personal coaching firm specializing in working virtually (by phone with email and fax backup) with women attorneys interested in developing strategies to find greater satisfaction in their careers within the law or in exploring career alternatives for lawyers.

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They said … What?

FOR THE WEEK BEGINNING MAY 10:

“It’s still a tough time, and the recession has hit the legal fields very hard. But we have hit bottom.” — Dean Matthew Diller , Benjamin Cardozo School of Law (quoted in New York Law Journal)

“The job market is the tightest in recent memory, but the idea that there are no jobs out there for graduates … well, that’s just wrong.” — Dean Michael Simons , St. John’s University School of Law (quoted in New York Law Journal)

“As we reboot the great American jobs machine, it’s time to shelve outdated assumptions and accept that a portfolio of multiple assignments (i.e., contract work) is what growing legions of companies and executives want. This new relationship between talent and firms isn’t a failure to be stigmatized, but the latest sign of our economy’s endless capacity for renewal and innovation.” — Jody Greenstone Miller , CEO of the Business Talent Group, and former special assistant to President Bill Clinton.

“How good are law schools at responding to the legal marketplace? We are absolutely wretched. Just as law firms this year have shed lawyers like a dog sheds hair in summer, law schools continue to admit the same – or more – students into their program.” – Law Prof. Rick Bales, University of Northern Kentucky School of Law (Wall Street Journal)

“The business model of US law schools doesn’t quite make sense to me. (They) bring you in from college, educate you, and encumber you with a six-figure indebtedness at a tender age. (So in the middle of a recession), we are pouring tens of thousands of young people into a market that I suspect is not going to be able to absorb them at them at the levels of remuneration that would have justified taking on that debt.” – Peter Kalis, chairman of the 1,800-lawyer firm K&L Gates (Wall Street Journal)

“The unintended consequence of the recession is that law schools may be rediscovering the secret sauce of professional development.” - Law Professor William Henderson, Indiana University/Maurer School of Law (National Law Journal)

“In the old days, (law firms) didn’t get to pick and choose, but now they are (only) holding on to the strongest performers. They’re primarily focused on productivity.” – Hildebrandt consultant Lisa Smith, on the factors that determine which associates are more likely to be caught up in The Great Realignment. (American Lawyer)

“The fact is, the qualitative gene pool improves in the process of doing these layoffs.” – Unnamed chairman of a Northeast Biglaw firm. (American Lawyer)

“(We’re not) in recovery. It’s a slowing recession. We’re seeing fewer people employed, and those who are employed aren’t seeing their earnings power increased. It’s tough to see where a recovery can come from.” – Dean Baker, co-director of the Center for Economic and Policy Research in Washington DC (Wall Street Journal)

“It’s a measure of just how terrible the economy has become that a loss of more than a half-million jobs in just one month can be widely seen as a good sign. The house is still burning down, but not quite as fast.” – Bob Herbert, columnist (New York Times)

“Everything kind of sucks.” – a 3L at Seton Hall University School of Law (National Law Journal)

“I have a theory that we may have several years where the so-called ‘first-year class’ will have people with varying graduation dates.” — Keith Wetmore, chairman, Morrison & Foerster, on plans by many top firms to defer recruit hiring until January, 2011. (National Law Journal)

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Advice to New Trial Lawyers: How to Beat a Bully

By Martin Grayson
author, The View From the First Chair

Practice law long enough (say, more than a month), and you will end up in deposition with one or more loud, obnoxious, rude, rule-trampling, witness-coaching, usually foul-mouthed opposing counsel. This lawyer’s idea of defending a deposition—even when the deponent is not his witness—is to object to every question with long and loud complaints and protests, including explanations of what the question should have been, what the answer should be, and why everyone’s time is being wasted by your questioning.

I have noticed that, over the years, these characters seem to be diminishing in number. So, perhaps there is a new day dawning in civility and competence; then again, perhaps not. I am told by younger practitioners that these clowns are still out in force and, if anything, may be growing in number and stridency. Perhaps there is a correlation. Perhaps, like many predators, the bully tends to prey on the weak, which is how he perceives the younger, more courteous, and less experienced attorney.

So, assuming you are, in fact, polite, professional, and a bit new at the game, how do you deal with the gorilla in a tie pretending to be a lawyer?

Above all, be polite.

Do not, under any circumstances stoop to any act or word with less than scrupulous courtesy and dignity, especially so long as you are on the record. You are about to cage and subdue the ape, but you can do so only with the most gentle of techniques. Any act or sign of aggression will not only fuel the fire, it will render you weaponless. For in the battle with the uncouth, you have the high ground and the winning hand only so long as you are untouched by rancor.

Not even a mild touch of bemused sarcasm should cross your mind or your lips.

As the drama unfolds, be certain the record, i.e., the deposition transcript, has all your comments to counsel, lauding his efforts to assist his client, apologizing if all your questions are not all perfectly phrased, commenting how nice it is you all are gathered together on that day with the common purpose of seeking the truth. You might request counsel’s cooperation in that enterprise, and voice your disapproval of his methods. But do so as gently and courteously as possible. Know also, that being well prepared, staying on point and unflustered, despite counsel’s miserable behavior, is the first antidote to such behavior, and often all that is required to return the enterprise to more civil and effective territory.

Experience has taught me that when there is no payoff for the bad behavior, it tends to diminish.

At the same time, do not be dismayed if counsel’s outbursts continue, even escalate, as he realizes you will not be sidetracked into arguing over his objections. You are baiting a trap here and may even take the opportunity to help counsel paint himself into a corner. Interrupt a tirade to ask if he is instructing the witness not to answer. If so, and unless the information requested is clearly privileged, counsel will be on shaky ground indeed. Ask the court reporter to mark such instructions separately and clearly for later retrieval and move on. If there is no instruction not to answer, have the court reporter repeat the question. Occasionally, you may wish to rephrase a question for clarity and, in general, you will want your questions to be short, simple, clear, precise, and as short as possible. Did I mention your questions should be short?

If necessary, ask three short, simple questions instead of the one you might normally ask in a different setting. You are trying to establish a clear record of professional focus and dignity, and you should give the opposition no wiggle room for objections as to the form of the question.

If the deposition proceeds at this level, so be it. It may take longer than it should, but you will get your testimony.

Now, at some point, if your calm, courteous demeanor has not had the desired effect on the rampaging moose, it is time to go off the record. Ask for a word in private with counsel. Be sure you are well away from the witness and any other counsel or attendees; in other words, not just on the other side of the conference room’s glass wall. The old days when you could call the Court and expect to get a judge or a proactive law clerk on the line to set things right are gone, at least in the major metropolitan jurisdictions where most of this nonsense occurs. So, you will have to use Plan B, that you now explain to counsel as follows:

• You are going to continue the deposition, asking questions as carefully as you can.
• If counsel continues his obstructive behavior, you are going to ask him one more time to stop and let the process proceed in good faith.
• If he refuses, you are going to adjourn the deposition, and are going to bring a Motion, based on the record, and ask the judge not only to order an end to his rude, improper, and obstructive behavior, you are going to seek sanctions for the time and effort involved in the Motion as well as making counsel responsible for all costs of the continued deposition, including transcripts.

Explain to counsel you are taking this step only as a last resort. You would like everyone to get along and finish up in good order. And maybe the judge will decide counsel is acting properly and professionally and will frown on your Motion. You are willing to take that chance. But you are not willing to proceed as you have been forced to do for the past hour. Once again, request counsel’s cooperation. Ask, can we be friends and get this deposition completed and go home to our families? Smile, nod, firm handshake, pat on the back.

This tactic is 98 percent guaranteed to change the entire tone of the proceedings.

For the two percent of the cases where this does not work, you should ask a few more questions, get counsel’s ridiculous objections on the record, and then adjourn the deposition, giving the same recitation on the record that you gave counsel in private, even mentioning that your last, off-the-record, conference advised counsel you would have no choice but to take this step. At this point, it will be opposing counsel calling for an off-the-record discussion begging you not to adjourn. This assumes he realizes—as all but the most rabid do—that he has been set up and will not be treated gently by any judge who has to read this record.

It will be your choice whether or not to allow him to persuade you to continue.

You see now why it is so important to be calm, courteous, focused, and professional throughout the ordeal. You may now walk into court with clean hands and pure thoughts, presenting the judge with a clear record, registering your dismay that counsel could not resolve the matter among themselves, but pleading with the Court to let the justice system do its job as intended, which means letting you take the deposition and asking your questions in any manner you choose subject of course, to the Court’s later ruling on any legitimate objection.

You will not lose this Motion.

And, in addition to letting opposing counsel know who is in charge, and perhaps even getting some expenses reimbursed for your client, you will have educated the Court as to who is the good guy and who is the bad guy. There are, in fact, very few counsel, no matter how disturbed or incompetent, who are dumb enough to let themselves get ambushed into this position but it does occur. You will probably have carried the day and taken your deposition long before this point. But, as always, when you act with clean hands and pure intention, never hesitate to put your actions before the Court.

Righteousness in the service of the law, and your client—in addition to being its own reward—is often a great deal of fun. It is also a pleasure every once in a while to pick up a stick and smite the wicked. With great courtesy, of course.

* The author is a defense lawyer practicing in Southern California.
* Excerpt from The View From the First Chair: What Every Trial Lawyer Really Needs to Know (Martin Grayson, 2009). Copies are available here at LawyerAvenue Press. Click on Avenue Shops (blue button), and go to our bookstore.

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Book Recommendation for New Trial Lawyers

In his new book The View from the First Chair: What Every Trial Lawyer Really Needs to Know, Martin L. Grayson defines a trial as follows–

“[N]othing less than a six-dimensional merry-go-round-jigsaw-puzzle-demolition-derby all playing out in your mind while you sit relatively passively at counsel table, trying to concentrate on 12 things at once while listening to witness testimony.”

This passage gives you the sense that this California defense lawyer knows what he’s talking about, and is going to tell it to you with a certain amount of wit.

Grayson wants you to think of his book as “a virtual mentor for attorneys.” It’s filled with the type of tips you don’t get in a typical trial manual. Examples: a chapter titled “Thinking on Your Feet,” a chapter on the proper uses of email, and a chapter on communicating with clients. These chapters are written and organized in a way that invites you to read the book from beginning to end, rather than skipping around from issue to issue.

Other highlights:

* A how-to for finding the best experts (”most attorneys have no idea how to find well-qualified experts,” says Grayson);
* Useful tips for settling cases (”settlement is about psychology and rhythm; the numbers are just music in the background”);
* A technique for dealing with abusive counsel at depositions (”98 percent guaranteed to change the entire tone of the proceedings,” according to Grayson–and I think he’s right).

Sample chapters include:

The Secrets of a Good Deposition, The Importance of Witness Motive, Preparing Your Witness, How to Beat a Bully, How to Find Real Experts, How to Evaluate Liability & Damages, How to Concede … and Conquer, The Dangers of Email, Know Thine Enemy, The Tao of Settlement, How to Pick the Jury, Courthouse Demeanor, What Verdicts Teach, … and More

Throughout the book are sidebars containing the author’s real-life litigation stories. Although the book is slanted towards defense lawyers, I’d recommend it to any type of litigator who lacks significant trial experience. Reviewed by Midwest trial lawyer Evan Schaeffer at The Trial Practices Weblog.

– The View From the First Chair (170 pages, 2009. Published by LawyerAvenue Press). is available on this Web site. To purchase your copy, go to Avenue Shops (the blue button), and click on Bookstore.

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What to Expect at Your Next Law Firm Interview

Maybe you’re one of the lucky few; you actually have a job interview coming up. Well, it doesn’t have to be the interview-from-hell … not if you’re prepared. The following are some of the questions you might reasonably expect. And, of course, the one unspoken question is always, ‘Why should we hire you?” See what you can do with these few questions, and if you REALLY want to challenge yourself, ask a friend or family member do a simulated interview with a video camera rolling. Good luck.

INTEREST LEVEL

* Why are you interested in working here?

JUDGMENT/PROBLEM-SOLVING

* Assume you’re a new associate here, how would you handle a situation in which the partner is unavailable, and the client needs an immediate answer to a question?
* Assume you’re by asked by two partners to complete two different assignments, but you have only time enough to complete one. What would you do?
* Tell me about your last big mistake. How did you handle it?

LEADERSHIP

* What attributes do you have that would install client confidence?
* When you’re in a team/group/committee setting, how often are you chosen to be a leader? Why? Are there times when you choose not to lead? Why?
* Describe a situation in which you acted as a leader that was particularly satisfying to you.

INTERPERSONAL SKILLS

* Tell me about a time when you worked as part of a team.
* What is your favorite and least favorite aspects about teamwork?
* What do you do when you know you need help or more expertise?
* Have you had a person who acted as a mentor at some point in your life? Tell me about him/her.
* What skills do you believe that you have that would contribute to a team effort?
* Why do people like working with you? Why might people not like to work with you?
* Tell me about a time when you were in a pressure situation. Why do you think this situation arose? What, in hindsight, were you most dissatisfied with about your performance? What do you wish you had done differently?
* Tell me about a task you accomplished as a member of a group which you now believe you could have handled better alone.
* When disappointment or failure occurs in your life, what do you do?
* Describe an event in your life that has had a major impact on you.
* How do you help others who are in crisis or under stress?
*What is your favorite non-law-related activity?
* If you had an extra hour in the day, what would you do with it?

INDEPENDENCE/GOAL DIRECTION

* Have you ever undertaken something just to prove to yourself or others that you could do it? What non-law-related goals do you have that you would like to accomplish in the next few years?
* Which of your accomplishments are you most proud of? Why?
* If you don’t get a job with this firm, what will you do?

– Adapted from the law firm interview exercise at the Indiana University School of Law

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Oops! Where’s “Lawyer” in America’s 50 Best Careers?

Leave it to US News & World Report to come up America’s 50 Best Careers … and forget to add lawyer to the list. But that’s what happened this week. Now that the economy is slowly recovering, US News examined the Labor Department’s job growth projections for 2008 to 2018. They were looking for occupations expected to add jobs at an above-average rate over the next decade or so, and those that provide a median income above the national median of $32,400.

They came up with 50 jobs that present some of the best opportunities for workers in five categories: science & technology, healthcare, business & finance, education & civic, arts & services. The closest to anything law-related was “mediator” and “court reporter”. BigLaw associate, in-house counsel, public service lawyer? Forget it. Here’s the 50; if you hurry, maybe you can enroll in some night school classes:

Accountant, Actuary, Biomedical engineer, Civil engineer, Clergy, Commercial pilot, Computer software engineer, Cost estimator, Court reporter, Curator, Dental hygienist, Emergency management specialist, Environmental science tech, Film and video editor, Financial adviser, Financial analyst, Firefighter, Gaming manager, Lab tech, Landscape architect, Loan officer, Logistician, Market research analyst, Marriage and family therapist, Mediator, Medical and public health social worker, Meeting planner, Meteorologist, Network architect, Optometrist, Physical therapist, Physical therapist assistant, Physician assistant, Plumber, Public relations specialist, Radiologic tech, Registered nurse, School psychologist, Security system installer, Special ed teacher, Systems Analyst, Technical writer, Training specialist, Urban planner, Veterinarian.

And not one of them lives by the billable hour!

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Is Your Next Law Job a Click Away?

When it comes to finding work, career advisers will tell you there is no substitute for phone calls and handshakes. In a word, networking. We agree, and yet we’d be remiss if we didn’t pass along the six exceptional online job sites cited in this week’s US News & World Report. They are:

* www.Careerbuilder.com
* www.Monster.com
* www.Jobfox.com
* www.Dice.com
* www.Linkup.com
* www.Indeed.com

And while you’re at it, check the Web site for the International Association of Employment Web Sites (www.employmentwebsites.org). There are more than 50,000 online job boards in the US alone, and most of the best are listed here alphabetically. Of course, in the interest of time, check out below at our own list of online law job boards (and don’t overlook the public interest, US government, and international job sites located in our Career Counseling section). Good luck:

Advancement Project (www.advancementproject.org) – Legal action group committed to racial justice. Found in 1998 by veteran civil rights lawyers, the AP partners with community groups, bringing them the tools of legal advocacy and strategic communications to dismantle structural exclusion. For a small but current list of job opportunities for lawyers and law students, click on About Us.

American Corporate Counsel Association (www.jobline.acca.com) – Serving the professional needs of attorneys practicing in corporate legal departments and private sector organizations worldwide. The searchable job database has more than three dozen categories from ADR and antitrust to tax and transactions.

American Lawyer Media (www.LawJobs.com) – Employment classifieds from a network of recruiters and legal publications, including its own — The Recorder, National Law Journal, and New York Law Journal. The site contains a rotating collection of career-oriented articles, surveys, and firm rankings.

Attorney Jobs Online (www.Attorneyjobsonline.com) – This Thomson Reuters enterprise is a monthly subscription service that posts legal and law-related jobs with gov’t agencies, courts, corporations, law firms, advocacy groups, and international organizations in the US and abroad. The site also offers a fee-based career coaching service.

Capitol Hill Jobs (www.hillzoo.com) – The go-to site for internships and political, lobbying, and legislative jobs in Washington, DC.

Coalition on Human Needs (www.chn.org) – An alliance of national organizations working together to promote public policies that address the needs of low-income and other vulnerable populations. CHN seeks highly motivated, organized, and energetic individuals for full-time internships.

Environmental Law Alliance Worldwide (www.elaw.org) – The Oregon-based office of ELAW gives public interest environmental lawyers around the world access to the scientific and legal resources in the U.S., and the lessons of more than 30 years of using law to protect the environment. ELAW begins interviewing in early March for its summer legal intern program. Interns assist the staff attorneys in responding to requests for assistance from overseas advocates.

EmplawyerNet (www.emplawyernet.com) – Inexpensive, subscription-based job data for lawyers, law students, and paralegals. Student rates. Members get email alerts when a posted job matches their search criteria. Jobs are gathered from a variety of online sources, legal newspapers, and directly from legal employers. Member discounts available to many law school alumni groups. Est. 1991.

Hieros Gamos (www.hg.org/employment) – In ancient Greece, hieros gamos – or hierogamy – meant “holy wedding”. An apt description for this encyclopedic marriage of all things legal. Founded by a law firm consortium in 1995, the site presents a wealth of posted legal jobs (domestic and international), links, and thoughtful, career-oriented material. There’s something here for anyone leaving a job, losing a job, changing careers, or seeking alternatives. And it’s free; go to the tool bar and click on Employment Center.

Portfolio Media, Inc. (www.portfoliomedia.com) – A daily, subscription-based online news service covering key litigation, legislative initiatives, regulatory developments and law firm news in 10 practice areas. The IP section (www.ip.law360.com) is the only one with a job board with positions posted daily; members and nonmembers are free to view and apply.

Roll Call Jobs (www.rcjobs.com) – Interactive Capitol Hill job site operated by Roll Call, the leading DC publication on Congressional news.

Womens Job List (www.womensjoblist.com) — Online job board for women. Founded in 1999, the site breaks out jobs by more than three dozen professional categories (legal, among them), and draws from thousands of employer classifieds posted every day on Craigslist. Free membership; members can sign up for email job alerts.

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The Perfect Storm for Unemployed Lawyers

Just when you thought things couldn’t get worse (record law school debt, job deferrals, law firm layoffs) the Wall Street Journal reports today that bad credit could sabotage your chances of finding work. According to the WSJ, a growing number of job hunters are discovering that their financial past – the sort of information that appears on a credit report – is interfering with their professional future. Journal reporter Kristen McNamara writes that more and more employers are conducting credit background checks, typically going back several years in search of patterns of behavior (i.e., a history of unpaid bills, bounced checks). Most of the employers conducting background checks do so for jobs with fiduciary or financial responsibility.

According to the WSJ, the federal Fair Credit Reporting Act gives employers the right to conduct credit histories on current and potential employees … but only with an individual’s authorization. And while a job-seeker might be tempted to NOT sign a waiver, that alone could be a deal-breaker if a job offer was on the table. Employers might assume the job-seeker was hiding a serious problem and, in this market, have no trouble finding someone else to fill the job.

The founder of an executive search firm quoted in the article said that knowing what’s on your credit report – and, if necessary, offering an explanation for debt caused by a specific event – could keep negative information from derailing your employment chances.

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More Boomer Lawyers Facing Retirement

The Wall Street Journal reports this week that even though the US labor market is showing signs of improvement, conditions for older workers continue to deteriorate.

As of last month, the number of unemployed workers ages 55 to 64 has nearly tripled since the recession began. And while it is difficult to quantify just how many Americans are retiring now amid weak job prospects, recent work by two Wellesley College economists suggests the effect is large. In a new working paper, they estimate nearly 400,000 employees (no telling how many Boomer lawyers) will become “reluctant retirees” as a result of the weak labor market.

Lawyer/counselor Michael Long, author of Lawyers at Midlife: Laying the Groundwork for the Road Ahead (2008), says a quarter-million lawyers are expected to start retiring in 2011. And whether they’re pushed or retire on their own, the loss of a revenue stream won’t be the only turning point in their legal career. Says Long, “Too many lawyers approaching retirement focus on financial and health-related issues, and they fail to anticipate feelings of loss, discomfort, and disorientation. In fact, there are at least five other endings and losses that merit close attention: Loss of lawyer identity, loss of intellectual stimulation, loss of feeling useful and valued, and loss of structure and purpose.”

When it comes to a satisfying retirement, Long says, “there is no one-size-fits-all formula. Reluctant or not, each lawyer will approach retirement with individual preferences, interests, values, experiences, strengths, challenges, hopes, dreams and concerns. And together with a life partner, they have to shape a life in retirement that works for them.”

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COBRA Subsidy Ending for Lawyers & Others

2009 marks the worst year for lawyer headcount in 30 years. At the top 250 firms alone, the number of downsized attorneys rose by nearly 5,300 … even more if you calculate all the stealth firings and downsizing at smaller firms. But you already know the bad news. What isn’t generally known, is that a special COBRA health care subsidy – one that pays 65% of one’s health insurance premiums for nine months – is beginning to expire this month for anyone downsized after March 1st. Unless Congress acts by the end of the year to extend the subsidy, jobless lawyers and thousands of others, must pay full premiums instead of just 35%. If you are among those who has been laid off, don’t drop COBRA … even if you have to pay full premiums for awhile. Phil Lebherz, executive director of the Foundation for Health Coverage Education, says “Dropping COBRA is the worst thing you can do. Once you miss a payment for a month, you’re dropped from the plan and can’t rejoin it.”

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