Legal Ethics
Burned-Out Lawyer Plans to Opt Out, One Among Many on ‘Dark Side’ of Law
Posted Feb 17, 2009 3:05 PM CST
By Martha Neil
When Glen Rosenberg realized he'd let the statute of limitations expire in a personal injury case for the first time in nearly 20 years of practice, he did the right thing.
First, he notified his malpractice carrier. Then he told his client, reports the Connecticut Law Tribune. At a grievance hearing last month in Hartford Superior Court, the 46-year-old solo practitioner was given a 30-day suspension.
But he's going to find something else to do, period, Rosenberg told Judge James Graham at the Jan. 22 hearing, explaining that he made the decision to stop practicing on the spot, as soon as he realized he'd missed the filing deadline.
“I burned out,” he told the judge. “It just seemed like endless, endless, endless problems. You put out one fire or flame and another one erupts, and for the last year of my practice I did it making virtually no money at the practice of law. I suppose I was near to depression.”
Rosenberg is far from the only lawyer to feel this way after many years of hard work. And it seems that attorneys who work in small firms are often the hardest-hit by the difficulties of their jobs—which have been exacerbated by the current economic crisis, the Law Tribune recounts in an article about what it characterizes as "the dark side of law."
Complaints to the Office of Chief Disciplinary Counsel were up 30 percent last year, totaling 430 at the end of 2008. And, while some involve intentional malfeasance, a significant number simply concern lawyers who can't keep up any longer with the pressure of daily practice, Chief Disciplinary Counsel Mark Dubois tells the legal publication.
His own job, these days, is “almost like social work," he says, and often involves "spending time on the phone with doctors for lawyers who are coming apart.”
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Comments
B. McLeod
Feb 17, 2009 4:09 PM CST
It is sad that this happened to Mr. Rosenberg, and at such a young age, but at least he did have the presence of mind to do the right things when he realized he had missed the statute.
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tom
Feb 17, 2009 5:06 PM CST
30 day suspension for missing a deadline is just wrong. that is what malpractice insurance is for, If it is a habit - then yes - for a first time - no way
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texas attorney
Feb 18, 2009 8:02 AM CST
A missed deadline is not a reason to stop practicing law and its a 30 suspension, not stayed is harsh. Shi* happens in law practice, lawyers are not perfect, and this is why you have malpractice insurance. I wish him the best, young Sith apprentice, on the dark side of the force.
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Jose
Feb 18, 2009 9:27 AM CST
So what else do you get suspended for 30 days in Conn? I am glad I am not licensed to practice there. Everyone one makes mistakes.
Maybe if they would suspend the judge for 30 days each time his case gets overturned because the judge didn’t apply the right law we wouldn’t have these bonehead rulings..
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Old Shark
Feb 20, 2009 7:32 AM CST
This is pretty common in solo practice land. State ODC offices employ attorneys who have likely never represented a client and come from a governmental background.
The lawyers they typically hit have limited resources to fight and will take such a hit under the threat of longer suspensions.
This is a tough hit. But the ODC offices are generally bureaucracies where each disciplinary counsel have a sort of quota.
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David IP
Feb 20, 2009 7:39 AM CST
Interesting that this article appears in the same issue as one on how “perfectionism” leads to a high rate of depression among lawyers. It appears from this episode of Mr. Rosenberg’s that perhaps we are in a field that demands perfection, and does not tolerate being human.
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Jeff Goldenberg
Feb 20, 2009 7:43 AM CST
I was surprised to see an article about solo attorneys in the ABA Journal. I have been reviewing your newletter for a few months and was convinced that the ABA’s membership was comprised of every lagre firm lawyer in NY, Chicago, and California.
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Donald
Feb 20, 2009 8:00 AM CST
He’s been practicing for 20 years. I’m glad he’s going to do something else. How can someone practice for 20 years? I know there’s a lot of variety with the cases and people, etc., but jeez, I’d be depressed if I’m doing this for 20 years also.
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Elinor Robin, PhD
Feb 20, 2009 9:08 AM CST
See my article at www.lawcrossing.com/article/4755/Pro-Se/Pre-Suit-Divorce-Mediation/
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Merry
Feb 20, 2009 9:17 AM CST
Sounds to me as though Mr. Rosenberg did not have a good paralegal to help relieve some of this stress. A good paralegal can be responsible for making sure attorneys do not miss deadlines. They can also act as liaison to experts for the attorney. They charge less than the attorney and can help increase profitability. I know my view may not be popular, but it works.
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Susan
Feb 20, 2009 9:55 AM CST
Mr. Rosenberg was quick to take down the shingle. Sounds like the blown statute and ensuing disciplinary action were either the straws that broke the camel’s back, or a convenient excuse to allow an escape from the legal profession. The end of his legal career may be the best thing that ever happened to him. I sincerely hope he finds a more enjoyable and less way stressful way to make a living. He’ll probably live a lot longer for it.
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billing unit
Feb 20, 2009 10:01 AM CST
Check out these uplifting headlines below. Looks like parody. Anyway, where the (*&#(@ is my ritalin and prozac? I’ve got a mortgage to review and student loan payment to make and the work’s drying up and my hours are down and…
A&O to Ax Up to 250 Lawyers and 200 Staff, Freeze Pay, Ask Partners for Capital
Last Week’s Layoffs Saved Law Firms an Estimated $100M
Laid-Off Lawyer Competes with Other Attorneys for Paralegal Jobs
Burned-Out Lawyer Plans to Opt Out, One Among Many on ‘Dark Side’ of Law
Perfectionism, ‘Psychic Battering’ Among Reasons for Lawyer Depression
Fla. Lawyer in $83M Real Estate Fraud: I Didn’t Think It Was Criminal
Why Lawyers Can Be Difficult Spouses
Clients, Law Firms Get ‘Savage’ As Legal Malpractice Claims Increase
Cell Phone Conversation on Train Tips Listener to Planned Pillsbury Layoffs
Sarbanes-Oxley Governed Lawyer’s ‘Noisy Withdrawal’ in Stanford Case
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Shark Food
Feb 20, 2009 11:26 AM CST
Feel the power of the Dark Side, Luke!
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Moxie
Feb 20, 2009 12:38 PM CST
This is just silly. Lawyerin’ can be an intense job; people can get burned-out or bored or just want a change of pace, and they can do this by changing types of legal practice or by opting out of the profession altogether. It’s an individual choice to start a new career; do we really need the funeral dirge? A big part of the problem for attorneys—and certainly for the ABA Journal—is taking the profession just a bit too seriously. Good luck to Mr. Rosenberg.
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Bruce P.
Feb 20, 2009 12:56 PM CST
I didn’t commit malpractice, but I closed down my boutique (primarily whistleblower oriented) practice a few years ago because of “endless problems.” I now trade stock options, an activity that is actually less stressful than the practice of law. I donj’t miss the disingenuous opposing counsel, judges who hate their jobs, clients who skip town without paying fees, and the front row seat to witnessing our legal system grind up people’s spirits, careers, and finances. Good luck and Godspeed Mr. Rosenberg.
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Barry Eagar
Feb 20, 2009 6:08 PM CST
I had a principal who cornered me once in an office function, shortly after he’d had a quadruple bypass. His words were: “One thing I’ve learned is not to take yourself too seriously”. I’m not saying that lawyers shouldn’t take a particular task seriously. But many do need to give themselves a break.
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roscoe p. cole train
Feb 23, 2009 9:10 AM CST
Luke, I am your father!
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