Summer 2024 Gavel | Page 4

SBAND PRESIDENT

SBAND PRESIDENT

PRACTICING LAW GETS HARDER THE LONGER WE PRACTICE : WORK-LIFE BALANCE IMPORTANT THROUGHOUT LAW CAREER

HON . TED SANDBERG SBAND President
I find myself a partial empty-nester with one child at university and another starting his last two years of high school . I foolishly thought this time in my life would result in more free time and spending money ; I was sorely misinformed . The demands of family life are often poorly balanced with the everpresent professional demands incumbent upon lawyers and judges . It is this mindset that brought me to both the bench and the presidency this year .
It is more precisely this elusive worklife balance which serves as the opening salvo of my president ’ s quarterly missive . I might have a few minor thoughts upon the professional side of the equation , as I believe my modest 27 years working within this profession provides me with something bordering on relevant insightfulness .
Practicing law gets harder the longer we practice . One of my favorite quotations comes from the great painter Edgar Degas : “ Painting is easy when you don ' t know how , but very difficult when you do .” So it is true of the legal profession .
Much time is spent on training and mentoring new attorneys , rightly so . However , it is the senior attorneys who handle the majority of the legal matters in our state . Rising to manage offices and firms , rising to levels of leadership on boards and councils , and simultaneously tasked with training and mentoring the newer lawyers .
4 THE GAVEL
Experienced lawyers and judges are aware of all the things to be done , and more troublingly aware of all things that have been left undone or half-done . We are also aware of the counter-arguments and the many ways in which a legal matter is lost . Worst of all , we are aware of all the mistakes which might be made or have been made . It is said the ignorance and hubris of youth must always give way , in time , to the worries and fears of age .
Every day , the practice of law grows more and more difficult . For every day a lawyer practices , the difficulty increases . The more you know , the more work is required , because you know all the ways and means a project can go wrong . A common symptom of this problem is summed up in the neatly coined phrase “ paralysis by analysis .” Another common symptom of this problem is ossification of your legal analysis . It gets harder , and so you either get stubborn , or the work piles up , or you start cutting corners . None of those option are good for you , your business , your clients , or the practice of law in our state .
Thankfully , there might be a few simple options available to busy lawyers , which may promote a healthier practice so as to avoid – or at least minimize – these troubling symptoms . I admit these are merely my own findings , and results may vary , but I think they are mostly universally applicable .
First , read . But don ’ t read pulp : Avoid truecrime , romance , and pop star biographies . High and classic literature exercises your brain by directing its prodigious energy towards complicated language and concepts outside of your day-to-day professional mental efforts . Your writing , thinking , and problem-solving skills are greatly enhanced when you take the time to exercise your mind .
Second , exercise . Physical exercise is universally understood to be necessary for all people , especially attorneys and judges who spend the majority of our working day seated . Physical movement is psychologically and physiologically beneficial and leads to clear thinking . This need not mean a dedicated and time-consuming work-out regimen . A daily walk or swim is recommended for most people at any age .
Third , mingle with other lawyers . There is tremendous benefit in finding time to associate with other lawyers outside our own circle . You will realize your problems are usually not yours alone , and it can be a tremendous relief to know issues with green associates , billing , certain judges ( not in North Dakota , naturally ), travel , and recent rulings are not exclusive to your own troubled practice .
Mingling with other lawyers is also beneficial to the legal practice at large . Over time , we find ourselves in a silo , closed off except to the few who perfectly fit our individualized practice . Living in a practice silo is lonely and suffocating , and ultimately bad for the entire practice of law , because you are shut out from opportunities and experiences .
I readily accept and admit these above little bromides are commonly known , but that fact does not negate the efficacy of their repetition . Read a good book , take a walk , and attend an in-person CLE . Go to the SBAND Annual Meeting . Get involved in your local bar . There are literally no downsides to doing any of these things , and there may be a host of benefits to your practice .