Boutique Law Firms, Health Care / Medicine, Small Law Firms

Beyond Biglaw: Walk And Talk

Many of you are engaged in a dangerous activity, as you read these words....

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Beyond BiglawBecause I care about readers of this column, especially those who are too busy “making law” to pay attention to the media’s daily reminders of deadly health threats, I think a public service message is in order. For those who do not know, there is a new silent killer to be aware of. Unfortunately, many of you reading this may be engaging in this dangerous activity as you read these words. The activity I am referring to? Sitting, widely condemned nowadays as the “deadly” behavior du jour.

While the dangers of excessive sitting are usually couched as a peril of modern-day corporate cubicle culture, there is no doubt in my mind that your typical 9-5 corporate drone provides a mediocre example of sitting prowess — especially when compared to the modern lawyer, practicing at firms big and small, who can nearly always be found sitting majestically on a throne befitting their career status. I recall in my Biglaw days having the choice of a leather-bound monstrosity of a chair, or a more modern mesh one, with each option designed to increase the likelihood that my comfort would lead to more billable hours. Likewise, one of the more important furniture decisions we made when outfitting our office was in the selection of proper chairs. Little did we realize that we were actually choosing from different types of poison.

As with the familiar refrain surrounding climate change, when it comes to the dangers of sitting, the science is “settled”: the more you sit, the more dangerous it is, and the longer the list of potential ailments your poor lifestyle choice can visit upon you. Today’s legal lifestyle, where there is no longer a need to get up for a trip to the firm library, or to get a meal in advance of a long night at the office, actually results in lawyers sitting more.

In fact, technological innovation in the legal industry can be viewed as a dangerous development, with each “innovation” seemingly designed to force lawyers into spending more time at their desks, staring at a screen. Even the ubiquity of email as the primary means of communication, rather than face to face meetings or even phone calls, has contributed to a reality where if a lawyer is in the office, there is a good chance they are sitting. Danger therefore abounds for the poor souls who have “office jobs,” especially considering that many lawyers work much longer hours than your typical midddle manager. (The problem is less acute for lawyers who spend measurable amounts of time in court, or are otherwise on their feet.)

In light of the demonstrated health risks of too much sitting on the job, it is no wonder that a veritable cottage industry of products engineered to address the problem has arisen. I am not familiar with the full breadth of offerings, but it does seem that treadmill or standing desks have managed to get some traction. Since I am no longer in Biglaw, I do not know whether large firms are offering their attorneys the option of a treadmill or standing desk, but I imagine some progressive firms may at least be contemplating doing so. I also have no doubt that if a partner with clout wants a treadmill desk, they will get one. For what it is worth, we have standard desks at our firm, but because we espouse a communal sitting arrangement, we at least have to get up to head to the conference room for phone calls.

Business people walking outdoors.Getting up, if only to take calls, is generally a good idea — especially in light of the research demonstrating that walking around helps spark creative thinking. While many phone calls that lawyers find themselves on may not require much in the way of creative thinking, it may make sense to try walking around if you are leading a call, or find yourself doing a lot of speaking. An easy example is during a telephonic meet-and-confer with opposing counsel, or if you are engaged in some other type of negotiation. If you share an office, and can’t pace around, consider heading to an empty conference room. Anything that unchains you from your chair helps.

I personally love to wander around when on the phone. In the office, that often means that I end up leaving the conference room and (unconsciously) wandering around talking in front of everyone else. Most times I catch myself and head back so I am not bothering anyone, but I definitely benefit from taking calls while mobile. On the days I work from home, the situation is quite similar. I may start a call in my home office, and end up upstairs wandering the bedrooms. In fact, the more intense the call and the need for my input, the more moving around I need to do. Everyone is different, of course, and there are definitely times where I need easy access to my computer in order to handle a particular call. At the same time, it is very important that we all look for ways to avoid sitting too much. If you need a place to start, give walking and talking a shot. You may not become a better lawyer for it, but you could become a healthier one.

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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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