In both cases the high stress …show more content…
nature of the firm is similar to the book. Papantonio cites about 58.2% of his survey recipients had more than moderate to extreme levels of stress in their field (p. 253). The field express may be limited to trial but, the stress can be extended to all sections of the legal field. Every lawyer is slave the almighty hour and each will work to handle as many cases as possible. The addition of each case will heighten the stress level each day. Many firms force lawyers to take on more clients than they can handle. The stress is also exposed through the interactions with the problematic clients. Clients who have trouble paying for the services cause problems and, with growing expenses, time has to be set aside to contact them. In some cases client who refuse to pay will have to be written off as pro bono work.
The very act of pro bono work once believed to by charity work is tarnished to be a financial way to write off expenses. Papantonio’s comparison of Atticus Finch suggests that Atticus has dealt with stress but, his stress has not proceeded to impact his family on the day to day. The stress was extensive to the firm and the fear of burning out was clear. One of the other firms that is a neighbor to Nevada was King and King, whose case load was drastically larger. Their firm had instances of burnout were seen through multiple attorneys who left the firm for extended periods of time. The work impacts the livelihood of the clients failure to account would result in loss of livelihood. Clients in bankruptcy and tax are also at risk of losing their house in if the steps haven’t been made by the attorney. The field is intense in that lawyers can only advise actions and, clients are still capable of making mistakes. If a client makes a massive mistake then they lash out blaming Nevada but it’s not the firms fault. Clients who fails to show up will also be dismissed. Atticus is depicted to be in a stressful situation with the case with Tom Robinson but, the author implies that the Atticus is not distraught by the case implying that he knew he would lose the case (Papantonio, 1995). The loss of a case that serious would be detrimental to a Type A personality.
Another commonality was that Papantonio implied that lawyers have a Type A personality and they have trouble dealing with loss. Lawyers by nature are confrontational and they will be aggressive in a case. The author implied that Atticus was not an aggressive taking calm and collected during the trial. Lawyers outside of fiction are highly confrontational in the one trial that I watch the opposing council tried to block Nevada’s request for a delay due to an eye injury. This was strange because the injury was clearly visible and had not even been close to healing. The courtroom was a jungle and lawyers are willing to strike out anything to get the edge. Nevada definitely is a Type a Personality with him starting up his firm and trying to take on as many clients as possible. The constant stress of the day to day pushes him closer and closer to the chance of burning out. Nevada said that he spent time as a prosecutor in Florida and he state that the work was intense and he left the field after a few months. Also his private practice that was made after being prosecutor was closed up over time. Even thou Nevada has a type A personality he had to make decisions to close up shop twice in Florida because they were rational decisions. Papantonio stated that about 44.7 worry about their practice while their on vacation ((Papantonio p. 248, 1995). While few attorneys take vacation as a whole, a fact covered later in the paper, Nevada was worried while he was out about the state of the firm.
The long hours each week is consistent with Papantonio writing that lawyers are prone to overwork.
The heavy work ethic forces attorneys to work far beyond the typical 8 hour work day. The book state that “from the third on, we begin dedicating ourselves to the art of lawyering 250 hours a month (Papantonio, p. 142, 1995).” Nevada worked 90 hours weak on average and he work every day of the week. Some nights he will stay at the office late leaving as late as 10 in the evening. The long hours will impact is familial relations he spends time away from his family and his significant other. Time away put stain on his relationship and some of his past relationships were jeopardized. Long hours also had an impact on one’s medical health. The days that Nevada took off from work were a result of injuries that took far longer to heal than it should have required. Paperwork requires time and most of the time in the office was absorbed by this task. Bankruptcies are extensive and they require dozens of pages that are filled with info. Papantonio stated that “64.1% of the lawyers in the survey have a fear of spending too much time practicing law and not enough time living” (Papantonio p. 247, 1995). The hours take away by his work diminishes his capacity with the lack of sleep from day to day. To adapt to the long hours Nevada has developed his work ethic to focus of working in the late hours where the office is quieter and the lack of interactions. The paperwork was time consuming and …show more content…
detailed oriented. The typical bankruptcy in the chapter 13 will be dismissed after one year so, all the work is wasted. The wasted time is of no fault of the firm.
Familial relations are jeopardized due to the very nature of the work. His work takes him away from his family and friends. Those lawyers who have families have to take away time from work to raise children and attend to spouses. Some lawyers restrain themselves from making that decision of starting a family until they have been well rooted into the firm. The stain can result in time spent away from home. Many attorney must attempt to balance their lives and most make the decision to choose work as the priority. Nevada spends far more time at work than he does at home with family. Nevada said that in Florida he was married to someone before and that marriage failed, I wouldn’t write about the detail because it would be disrespectful. As a sole practitioner, business sense play a large role in Nevada’s work and Papantonio accounts that lawyers have turned their focus away for the law.
The final statement that Papantonio properly predicted is that Lawyers had shifted their focus away from the law and towards the business.
The book accounted for % of survey participants believing that they “have become less of a legal scholar and more of a businessman” (Papantonio, p. 21, 1995). The fact of the matter is that Nevada’s primary focus is for the firm to stay afloat by getting as many clients as possible. He also fits into the category of “40% of my emphasis on money detracts from my creative, inventive ability as a lawyer” (Papantonio, p. 21, 1995). Filling a bankruptcy or drafting an estate plan is procedural in nature. Nevada has a lengthy background in those fields so, they feel safe. A few of his attempts to branch out were met with issues that resulted in him returning fully to the Bankruptcy and Estate Planning. All of his effort is directed to the business and its sustained future. His distaste for working for a firm again is his motivation to continue. Bills stack up every day and that drives Nevada to take on clients no matter who they are, even if he knows that they are troublesome. The conflict between staying completive and setting prices high enough to covers up the expense will distracts Nevada, and, he will often underquote a difficult case to ensure that he gets the client. He has competition with programs like legal zoom who underquote their documents well below the market which in turn, forces him to explain that his work has more value. The
explanation is demoralizing in that it occurs often and it should be common sense that professional work is higher value than work done thru the internet.