A SURVIVOR’S GUIDE TO THE PRACTICE OF LAW

By Michael D. Kracht

I guess the basic premise of this article is my feeling that practicing law doesn’t need to be this hard. It starts in law school where this dog-eat-dog mentality gets started. I can’t say it was an overt part of the process; just something that seemed to happen to most of us as we struggled to find our place. The race for grades, prestige, recognition, while all fine in and of themselves, set the stage for putting us on track for less than a fulfilled professional life.

That was a long time ago, but in many ways, the practice of law, to my way of thinking, has been an extension of this process. I’ve known too many lawyers who are not very happy, but remain clueless about what to do about it. So, as a group, we drink too much, eat too much, divorce too much; well, you get the picture.

Here, at the end of my life’s work, I think we’ve lost track of some things that are vital to our sense of wellbeing, worth and belonging. All too easily, we’ve lost perspective on the most important things to us, thinking they will always be there. Then, one day, we look up and many of those things are either gone or nearly lost.

This isn’t brain surgery. I don’t think it’s impossible to keep in touch with your better angels. I also think doing so makes us all better attorneys and better people.

However, before I go any further, let me admit that I have often failed to keep much of the below in mind as I’ve practiced these many years.

I. YOU CAN DISAGREE WITHOUT BEING DISAGREEABLE.

Work hard to find common ground with the attorneys you deal with. Finds things to talk about outside of the matter at hand. Over the years, I’ve tried to ignore the last communication if it was rocky. It’s surprising what happens when you don’t take the degree of discord up a notch.

Taking the bait all too frequently results in phone calls not being returned, cases not be processed to conclusion and costs ranging out of control. Many years ago, a particular attorney whom I had never met, told me in our first phone call that he hoped I had a copy of Dunlap/ Hanna as he was going to file every motion in it. As might be expected, we could not work out our differences and we often ended up in court. I was not surprised that he had zero credibility with the bench, all to the detriment of his client.

II. LISTEN. As highly educated professionals, it’s easy to think, act and talk like you’re the smartest person in the room. True or not, virtually everyone you work with (ie. Staff/clients) brings expertise and experience to what you’re doing. They will quickly pick up on whether you’re truly listening to them or not. Failing to do so will be at your own peril as they will likely shut down and not provide you the help they otherwise would like to provide. In doing so, they will also appreciate your expertise that much more. Doing that with your clients will also help then retain ownership of the matter.

III. BUILD YOUR PRACTICE THROUGH YOUR PASSIONS.

I can trace many of my best clients through my involvement with local organizations. I’ve also seen that when you build a relationship with a person in that way, working as their attorney brings a level of trust that is invaluable.

IV. EDUCATE YOUR CLIENTS AND LET THEM DO THINGS TO SAVE THEMSELVES MONEY. Often, as attorneys, part of the process of developing a strategy requires getting information. I try to get my clients involved in this process. In doing that, they can become your colleagues in the matter and come to see that you’re not going to be billing them for every last thing that can be done.

V. TAKE THE TIME TO WATER THE FLOWERS. This may sound silly, but I’m dead serious. Throughout the work day, I have tried to create space at my office where I can get my head back on straight and just appreciate the beauty of what’s around us. I get an incredible amount of solace out of doing things around the office that feeds my need to be in touch with things green. If you’re not a gardner, try a walk around the block.

VI. NEVER ASK ANYONE TO DO SOMETHING UNLESS YOU’RE WILLING TO DO IT. Our staffs are extensions of us. If you’re asking them to tell people things you know aren’t true, you’re laying the groundwork for a workplace that is not honest. Good people will only do that for so long. As important, don’t count on those folks having your back.

VII. PLAN TO BE PROUD. Let’s face it, we practice in a profession that has its problem children. However, that doesn’t define us or what we do. However, it can. If you are guided by greed, power and prestige, it is highly likely that you’ll fall victim to the things we like least about other lawyers. So, if you don’t want to be seen as greedy, don’t be. If you want to be seen as someone that can be relied upon, don’t lie (even about small things). Additionally, don’t set your staff up to tell little lies to keep you out of trouble. They’ll respect you less and you’ll increasingly not like the person you’re seeing in the mirror every morning.

VIII. DON’T BE AFRAID TO LAUGH/BE YOURSELF. It is well known that laughter/humor relieves tension/stress. We all know how much we need some help in that arena. In my experience, I think everyone around us appreciates an attorney who can add levity to a situation. Even better if you can laugh at yourself. It exposes your humanity and a bit of humility all at once. I firmly believe it also is a nice way to build trust. The opposite also exacts a cost which can be very destructive. It leads to burn-out and a low amount of job dissatisfaction. That kind of behavior also allows others to “lighten up” and, by doing so, benefits everyone around you. A perfect example of this kind of behavior is Chris Brill. In our many cases together over the years, Chris has always found ways to bring laughter into almost every conversation, which brings me to my next topic. abilities, be honest about that. I’ve referred many clients out over the years who came back to me because they knew I had their best interests at heart.

IX.

BUILDING RELATIONSHIPS.

Every day of your practice, especially here in the burbs, you are creating and building relationships that you will have for the rest of your professional life. Nurture them; take time to ask about families and interests. It’s more likely that you and opposing counsel will find common ground in a case if you’ve found common ground as people. The opposite is also true. If you can barely stand to talk to someone, how likely do you think the two of you will be able to resolve something amicably?

XI. TRY NOT TO TAKE STRESS HOME. This may be one of the toughest things to do well. We can’t unscrew our professional heads, leave them on the desk and put on our “kinder/gentler” heads before we go home. However, we can do something about it. Drive a different way home. Learn to appreciate the beauty of where we live and work. For years, after a day in court, I always drove down State Street in Doylestown, an area that has and continues to bring me great joy. Go for a run/walk. Whatever works for you, is going to be a much needed gift to those you love. Also, try to unplug professionally when you can.

We now live in a world that allows for real time connection to most everyone. If you let your practice do that to you, you’ll not be giving your mind nor your body time to rest, time to rejuvenate, time to nurture all that makes the work worthwhile.

X.

DON’T TAKE CASES FOR

THE WRONG

REASONS.

I get it; we all need to make a buck. For the associates among us, there’s often billing requirements that aren’t easily met. However, let me urge you not to do a couple of things. Clients too often are more concerned about winning than hearing your unvarnished honest opinion about something. However, that’s what they deserve. If a case looks/sounds like a problem, be honest about it. No client will hear that well after they are several 5 figures into a matter. It also postures you very poorly in helping take the case where you think it needs to go. Also, if a case is clearly outside of your

XII. FOLLOW YOUR PASSIONS. From my early years as an attorney, I have striven to always find time to do those things that feed me. I happen to love sports and coached baseball for many years. I have found and volunteered at many community organizations who’s focus attracted me. As I did that, a funny thing happened. More and more people who had met me in that way started to use me and our firm for their legal needs. It also opened up an opportunity for me to put my legal skills to work for many organizations, giving me a strong sense of fulfillment 

PAR Recapture and Reuse/Reduce Recidivism

DISCARDED ELECTRONIC MATERIAL, WHEN PROCESSED FOR RE-USE, REVEALS ITS VALUE. This is true for people as well as E-Waste. Responsible E-Waste recycling is a growth industry globally. Repurposed, stripped down components of cell phones, Game Boys and computers are a valuable commodity.

Since a healthy market for components exists, separation technology to divert it from landfills has improved. E-Waste is a heavily regulated industry, requiring strict environmental safeguards.

End of life devices must first enter the recycling stream. However, the collection and transport of such material is a challenge. E-Waste must be delivered to a licensed recycler for component removal before processing and reintroduction. Collection and transportation of the material is labor-intensive and suffers a job shortage.

In an hour at an E-Waste drive-by, 150 cars can line up to drop off wires, cords, phones and computers. 600 cars are the norm in the 4-hour span of such collection events.

Enter PAR Recycle Works, a workforce development program for the former incarcerated that provides a pool of trained, untapped talent for this work. Upon their release, candidates trained in the E-Waste industry are employed by PAR to collect, sort and transport the material. Sale proceeds funds salaries.

PAR’s offers transferable skills and entry level temporary employment to citizens returning to society through education, guidance and support. Since 2021, PAR has provided over 4,200 hours of educational training. As a result, PAR workers smoothly transition to permanent positions as they obtain certifications, in Warehousing,

OSHA , Forklift operation and Commercial Driver’s Licenses, jobs for which there are shortages.

PAR prepares inmates by providing courses in digital and financial literacy, future planning and work life balance, interviewing and test taking tips. For many ex-convicts this is their first job.

Since 2016, 175 former inmates have been hired by PAR. Only three have re-offended, less than a 2% recidivism rate. Whereas in Philadelphia approximately 9,000 people are incarcerated at any given time, 6,500 of those return to prison in the first 3 years of release.

PAR understands the hardest challenge on the outside is finding and maintaining “Probation Friendly Employment.” Solid employment means money for an apartment, health insurance, child support and a future. PAR’s impact on the community is both social justice and environmental sustainability.

For seven years, Maurice Q. Jones, a former inmate and Navy veteran, has run PAR. His take: “It’s easy to get in trouble. It’s hard to stay out of it. PAR is committed to protecting our precious, human and material resources for the betterment of our communities.”

PAR’s clients include the Children’s Hospital of Philadelphia, Thomas Jefferson Medical Center, IBX, Chestnut Hill College and many others. Most municipalities host annual E-Waste Collection. When your township has one, use PAR. Help those men and women now buried in jail find their value. 

NANCY LARKIN TAYLOR Bucks For Kids Executive Director

nancy@bucksforkids.org | 267-980-4313

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