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On Risk Management: Stress Is an Attitude What is risk management? Risk management is an administrative procedure, the goal of which is
to protect the assets and profits of your law firm by reducing the potential
for loss before it occurs. The process consists of these logical steps:
First in a Series
Stress, on the other hand, is the absence of control. It is a force that causes emotional distress and is triggered by how you perceive the things going on in your life. While much has been written about the legal profession being more stressful than most vocations, there is no such thing as a stress-free environment. However, many things can be done to reduce the undesirable stress in both your personal and business lives. Remember: it is reasonable to assume that some stress is necessary in life to motivate and activate a person; however, a balance is necessary for effective risk management. Why lawyers? Janet Stidman Eveleth, Director of Communications for the Maryland State Bar Association, explains: “Many lawyers are candidates for stress due to the nature of their work, their personality characteristics and their training. They learn to be unemotional and thoroughly objective when dealing with cases, then hold in feelings in their personal lives. Lawyers develop high expectations of expertise and strive to be perfectionists ... then fear failure. The dynamics of today’s law practice contributes as the number of lawyers in Maryland ... and the nation ... continues to grow, resulting in a highly competitive legal market. And, attorneys face a lack of civility and a hostile climate from both consumers and other lawyers.” Attorneys are constantly under scrutiny and even more so today, resulting from their more sophisticated and educated clients, who use technology and the Internet to learn about the law. They must create a paper trail to protect themselves, committing everything to writing, as they face the constant threat of being accused of legal malpractice. “The legal profession is riddled with stress: the daily tasks you must complete, the deadlines you face, the constant phone calls, voice mail messages, e-mail messages and pagers, daily paperwork, obligatory court appearances and court-imposed deadlines,” Eveleth says. “This professional pressure, combined with the attention given to business and personal finances, family obligations, health and insurance issues and other decisions and responsibilities lawyers face everyday, can be overwhelming.” Reducing and managing stress There are abundant techniques for obtaining a balance and managing stress. No one technique is right for everybody and the best way to find out what works for you is to try each of them until one is the right fit. These techniques should provide at least temporary relief from unhealthy stress. Remember, the key to managing stress is understanding that for every life event and potential stressor you face, you can choose and direct your response. * Keep in mind that perfection is not possible. Doing the best job possible is more realistic and being human is not so bad! * Have someone available to talk things over with. Just airing a problem sometimes puts it into perspective. Solo practitioners can arrange for a mentor by contacting Carol Waldhauser at the MSBA. * There are always more than one or two ways of solving a problem. Make a list of the possibilities, and if one plan doesn’t work, try another. * The mind doesn’t know the difference between real and imaginary. Imagine less stress over a period of time and, with practice, stress can be reduced just by imagery. * Stress rises when you are not getting enough rest and relaxation. Plan to get adequate sleep, and take regular breaks from the workaday world. * Stop trying to control everything. Only fix those things that are truly under your control and forget the rest. * Delegate! * Develop interests that take little or no mental skill but give enjoyment just by doing them. * Exercise is a real stress buster, so get those endorphins flowing. * Avoid stimulants such as alcohol, caffeine or drugs. * Try to laugh out loud at least once a day. Laughter truly is the best medicine. * Stretching and deep breathing are wonderful ways to reduce stress and can be done anywhere and anytime. These techniques work especially well when giving a speech or presentation. Three deep breaths before “going on” will alleviate much of the tension caused by stage fright. * Learn to be direct with people and learn to say NO! * Make surroundings as pleasant as possible, both on the job and at home. A little beauty goes a long way in soothing jangled nerves. * Assist others in managing their stress. It will work wonders for you! Conclusion Stress is a fact of life and is all around us everyday. It’s impossible to remove all stress, and it wouldn’t be healthy to do so — even if it were possible. Keep in mind that stress is an attitude: How you handle it is more important than the amount of stress involved. Managing your stress is an important risk management tool. Resources The RIMS Risk Management Glossary, 1997. Kay G. Kenny is Assistant General Manager of the Legal Mutual Liability Insurance Society of Maryland. This is the first in a series of articles that includes claim prevention techniques, designed to minimize the likelihood of being sued for legal malpractice. The material presented does not establish, report or create the standard of care for attorneys, is not legal advice and does not represent a complete analysis of the topics. Readers should conduct their own appropriate research. |
At
the heart of risk management is the philosophy that potential losses
can be identified and, to some extent, controlled.
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© 1998-2007 Legal Mutual Liability Insurance Society of Maryland. All Rights Reserved. |
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