Small Law Firms

If It Isn’t One Thing, It’s Another

As we start year two of what has been an unreal world for all of us, we need to take stock of who we are, who we were, and even perhaps who we hope to be.

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Literally right on the heels of the remote February bar exam comes the announcement that the California bar exam will be held remotely in July.   Hopefully, there will be no recurrence of the ridiculous overreach of the October 2020 exam, in which the examiners claimed that a third of the test takers cheated, and it was up to them to prove they didn’t. How easy is it to prove a negative? I’d ask how much further down the rabbit hole of absurdity the bar exam can go, but I don’t want Joe Patrice to answer the question.

I do have a solution to the “what can I bring to the bar exam” question. How about women can only take the bar exam when they’re past menopause? Ridiculous? Of course, this will eliminate all the patronizing state by state proclamations as to what women examinees can or cannot bring with them. Menstrual products? These arbitrary rules set down by bar examiners, should be dumped in the trash, just like every other stupid and discriminatory rule against women. Is it necessary that the ABA weigh in on this issue? It is way beyond the time to drive a stake in the heart of these stupid and arcane rules. Just imagine what the male late night TV hosts could do with this story.

And as for the male examinees, they also don’t have a walk in the park at bar exam time.  Is having to pee in a bottle really a good idea, a better idea, than being able to use the restroom and wash hands, which we have all been told to do ad nauseam during this past year? At least peeing into a bottle is better than the lack of choices that women have. Hand wipes and hand sanitizers are probably also a violation of something. People who are going to cheat will find a way to do so, and it’s insulting to most examinees who do the right thing.

These ridiculous policies are on a par with the “no more lawyer jokes” that the then president of the State Bar of California put forth 30 years or so ago.  Jay Leno, then host of the Tonight Show, mocked him mercilessly. Which is worse: being made fun of or taking the lead in not taking yourself too seriously?  You decide, but I have always thought that it’s better to be in control than not, and isn’t that one reason why all of us overachievers became lawyers?

Do you suffer from Zoom fatigue? I do, especially after I have had three or four Zoom calls in a single day. Fatigued in body and mind, these calls, which were once a novelty are now front and center in everyone’s life. I long for the days of phone calls. Yes, I know that I can turn off the video, but if I am the only one doing so, it feels a little strange. Phone calls are so much simpler and easier … no Power Point deck to look at, no checking out others to see if they are doing the same things I am doing (e.g., reading emails, drafting documents, etc.) I plead nolo.

The author of a paper on Zoom fatigue calls out four things: extended eye contact (do your eyes water?), more effort is needed when nodding and other nonverbal signals, the Hollywood Squares (remember that quiz show?) screen is unnatural, and my personal pet peeve: we can’t move around, which is why I bought a new seat cushion and lumbar back support. Clearly business expenses. He suggests some easy fixes. Since we don’t know how long WFH will continue or whether it will be back to the office at some point yet to be determined, now is as good a time as any to try them out.

For dinosaur lawyers in the Third Circuit, there may be a glimmer of hope. A 70-year-old orthopedic surgeon, who was sacked after a hospital merger, sued for age discrimination, and alleged, among other things, that his replacements were “significantly younger” and less qualified. The surgeon had several months of surgeries already booked at the time of firing. Naturally, the employer moved to dismiss, but the Third Circuit said, “not so fast.” The court found that the plaintiff had adequately pleaded age discrimination and that the issue of “significantly younger” was a factual issue awaiting discovery.

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Ageism is still rampant. As a former employment lawyer, I understand the need for succession planning and the need to make room for succeeding generations. However, many dinosaurs still have a lot to contribute, and not just in billable hours. There must be some ways to make room for the older and the younger. Does anyone think that “resistant to change” is code for ageism?

Finally, as we start year two of what has been an unreal world for all of us, we need to take stock of who we are, who we were, and even perhaps who we hope to be.

The past year has shown us many things, among which is that we are not our jobs. Our profession, our jobs, are ways to support ourselves and those we care about, those who need our help, but our identities need to be more than just being lawyers. We are parents, sons and daughters, mentors, friends, volunteers, artists, writers, gamers, and the list goes on and on. We need to make sure that we discern the difference between work and the rest of our lives, and who we are as people, and not just as faces on a Zoom screen.

The last year has thrown a curveball (or a slider or fastball or sinker) into the whole concept of work-life balance. It’s up to us to determine how we hit the pitch or strike out.

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Jill Switzer has been an active member of the State Bar of California for over 40 years. She remembers practicing law in a kinder, gentler time. She’s had a diverse legal career, including stints as a deputy district attorney, a solo practice, and several senior in-house gigs. She now mediates full-time, which gives her the opportunity to see dinosaurs, millennials, and those in-between interact — it’s not always civil. You can reach her by email at oldladylawyer@gmail.com.

 

 

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