Boutique Law Firms, Holidays and Seasons, Small Law Firms

Beyond Biglaw: There Are No Dog Days

When you work as hard as lawyers do, you should take opportunities for physical and mental relaxation -- but there's no reason that "time off" can't also be productive in some respects, according to columnist Gaston Kroub.

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You know when August rolls around, especially as a litigator. Opposing counsel (un)apologetically begs off reviewing joint submissions that need filing — for at least a while, to accommodate “folks in and out on vacation.” Likewise, the courthouse gets sleepier, and both new case filings and issued decisions start to tail off. Clients are also more difficult to reach, as many industries see a slowdown this time of year, and otherwise busy executives take time off to enjoy the final few weeks of summer. Yes, we are definitely in, or at least approaching, what the general culture likes to call the “dog days” of August.

I am personally not a fan of that phrase, because I think for a lawyer there really are no “dog days,” particularly when you are serving clients — especially because I am now at a young, smaller firm, looking to establish a position in the marketplace based on the idea that our firm is a viable alternative to Biglaw firms and larger boutiques for sophisticated, mission-critical legal work. Rather than think of mid-late August as the “dog days,” I prefer to think of this mini-season as a time for rejuvenation, reflection, and recommitment.

It does not matter if you work at a small firm or in Biglaw. With limited exceptions, it is likely that this time of year is a bit “slower” than other traditionally busier periods, for at least some of the reasons I mentioned above. When I was a Biglaw associate, August traditionally happened to be one of my heavier billing months, but that was often a function of my particular caseload, as my colleagues (including the partners I worked for) tended to take their vacations in late August. I often did not mind the heavy workload, as the office was quieter and there were fewer distractions than during other busy periods. It helped that I enjoyed the actual work, of course.

(As an aside, I have a theory that one way to determine how you are progressing on the Biglaw partnership track is to consider how busy you are, and with what type of work, relative to your colleagues — particularly during traditionally slower times such as during the end of summer or the year-end holidays.  If you are busy when everyone is not, especially on important matters that you are actually indispensable on, then there is no better indication that you are on the right track. But if your only hope of a late-summer assignment is some document review or other scut work project well below your supposed capabilities at that stage of your career, then you may be facing an uphill battle to make partner or even keep your job.)

As a Biglaw partner, and as a partner at my own firm, I obviously had and have more control over my schedule. What you learn as you mature is that you can “stay busy” and feel productive, even while stealing moments of relaxation here and there. This summer has been a busy one, thankfully, but I have still managed to sneak off mid-day most Fridays for a few hours on the beach with my wife. That time is priceless, and well worth starting earlier on Friday morning to capture, or even doing some work on Sunday if necessary.

Everyone will have a personal preference for which types of activities they find most rejuvenating. Now is the time to pursue those activities, rather than lament opportunities lost. In my experience, even the busiest people have the wherewithal to make time for important personal needs. Some relaxation and enjoyment is just as valid a reason to shift your schedule around as a doctor’s appointment, for example. Obviously, your leeway to adjust your schedule will depend on your seniority and importance. If you are not senior, or not important, there is actually a better chance for you to take off for some uninterrupted block of time during this slow season. So do it. More senior colleagues, or those working on important active matters, may be forced to take time off in much smaller, oft-interrupted chunks.

When you work as hard as lawyers do, it is important to take whatever opportunity presents itself for some physical and mental relaxation. At the same time, there is no reason that “time off” can’t also be productive in some respects. I am not advocating for spending hard-earned vacation time engaged solely in career-furthering tasks, of course. Even lawyers can have even mindless fun, at least on occasion. What I am proposing, in contrast, is a more thoughtful approach to “slower periods” at work, which for many includes the final weeks of summer. Obviously, if you are slammed with work at this time, any discussion of how best to send off your summer is at best academic, and perhaps annoying. My best advice would be to find whatever moments you can to squeeze some enjoyment out of the next few weeks.

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And if you find yourself, like the majority of other lawyers, with more of a chance to take some time off, by all means go ahead — while keeping in mind that this is perhaps the best time of year, considering that a third of the calendar year remains in front of us, to take stock of how 2015 has gone for you so far. Are you doing what you can to market yourself, both to colleagues and potential clients? If not, perhaps now is the time to draft an article or look for a potential speaking engagement in the fall or winter. Have you kept up with all the former clients you keep saying are worth reaching out to to remind them of your capabilities? Now is the time to reach out, even if just to get a spot on their calendars post-Labor Day. In short, now is the time to consider an action plan for the final third of the year.

Ultimately, it is better to prepare for the future while reflecting on your present when you are less concerned with the day-to-day grind and its manifold distractions. A clear head is best for taking stock of what is working in your career and what is not. So do what you can to clear your head, while the days are still long and the sun still shines bright.

Gaston Kroub lives in Brooklyn and is a founding partner of Kroub, Silbersher & Kolmykov PLLC, an intellectual property litigation boutique. The firm’s practice focuses on intellectual property litigation and related counseling, with a strong focus on patent matters. You can reach him at gkroub@kskiplaw.com or follow him on Twitter: @gkroub.

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