Don't Allow A Scarcity Mindset To Drive Your Life And Practice (Into A Ditch).

A scarcity mindset creates your own private prison.

As an outstanding lawyer, you are no stranger to the pressures and demands that come with the territory. The legal industry is highly competitive, with lawyers vying for clients, promotions, and recognition. Lawyers are trained from the first day of law school to risk averse. That training coupled with the fast-paced and often high-stakes environment in which they operate, means it's not uncommon for lawyers to develop a scarcity mindset, which can impact their behavior, and overall well-being. Let’s explore what the scarcity mindset is, how it manifests in the legal profession, and its potential impacts on lawyers' mental health and career success.

What is the Scarcity Mindset?

A scarcity mindset is based in fear; it’s a mindset characterized by a belief that resources, such as time, money, and opportunities (clients), are limited and hard to come by. It focuses on what is lacking rather than what is abundant. This mindset can lead to feelings of insecurity, envy, and a constant sense of competition with others.

In the legal profession, the scarcity mindset can manifest in various ways. For example, when I started my law firm in 2006, I felt the need to constantly take on new clients and cases, fearing if I turned down work, I might may miss out on future opportunities. I wound up taking cases I probably shouldn’t have, not from a perspective of my ability to do the work, but from that of working with clients who were not a good fit for me personally. Having a scarcity mindset impinged on the thing I wanted most when starting my firm: Freedom. Lawyers may also be overly concerned about their billable hours and revenue, believing that they need to constantly generate income to secure their financial stability. Additionally, attorneys may compare themselves to their peers and feel envious of their colleagues' successes, seeing them as threats to their own success.

Origins of the Scarcity Mindset in Lawyers.

The development of a scarcity mindset in lawyers can be attributed to various factors, including:

  1. Legal education: Law school fosters a competitive environment, where students are ranked based on their academic performance and extracurricular achievements. This environment can create a fear of inadequacy and scarcity that persists throughout a lawyer's career.

  2. The billable hour model: The predominant method of billing in the legal profession, the billable hour model, can lead to a scarcity mindset as lawyers strive to meet high billable hour targets and maximize their revenue generation.

  3. Competitive job market: The legal job market is highly competitive, with more graduates than available positions. This competition can create a sense of scarcity, as lawyers vie for a limited number of jobs.

  4. Firm culture: Some law firms cultivate a culture of competition and scarcity by emphasizing individual achievements and rewarding attorneys who outperform their peers.

Impacts of the Scarcity Mindset on Lawyers.

The scarcity mindset can have numerous negative impacts on lawyers' mental health and career success. Here are some common ways in which it can affect legal professionals:

  1. Burnout and stress: The constant fear of missing out, taking on too much work, and feeling the need to always be "on" can lead to burnout and chronic stress. Lawyers may find themselves working long hours, neglecting self-care, and sacrificing their well-being in pursuit of perceived scarce resources.

  2. Poor decision-making: When lawyers operate from a scarcity mindset, they may make impulsive decisions out of fear or desperation, without thoroughly evaluating the potential risks and benefits. This can lead to poor decision-making and negative consequences for their clients and their own professional reputation.

  3. Damaged relationships: The scarcity mindset can also strain relationships with colleagues, clients, and other stakeholders. Lawyers may become overly competitive, distrustful, and unwilling to collaborate or share resources, which can negatively impact their professional relationships and reputation.

  4. Limited growth and opportunities: Paradoxically, the scarcity mindset can hinder professional growth and limit opportunities. Lawyers may become overly risk-averse, avoiding new challenges or opportunities for fear of failure. They may also fail to recognize and capitalize on existing opportunities due to a narrow focus on scarcity rather than abundance.

  5. Overemphasis on competition: Lawyers with a scarcity mindset may constantly compare themselves to others and see their colleagues as competitors rather than allies.

  6. Neglect of personal needs: The scarcity mindset can lead to a focus on work at the expense of personal relationships, self-care, and overall well-being.

  7. Short-term thinking: The scarcity mindset can cause lawyers to prioritize immediate gains over long-term benefits, such as sacrificing work-life balance for a promotion or taking on too many cases to meet billable hour targets.

  8. Negative impact on mental health: The constant pressure and stress of the scarcity mindset can take a toll on lawyers' mental health. Anxiety, depression, and other mental health issues may arise as a result of chronic fear, stress, and competition, leading to decreased well-being and quality of life.

  9. Limited Risk-Taking: Scarcity mindset can discourage risk-taking, as individuals may be afraid of losing what little they have, and may avoid taking calculated risks that could lead to growth or opportunities.

  10. Increased Stress and Anxiety: Constantly worrying about scarcity and lack can result in increased stress and anxiety, affecting one's mental health and well-being.

  11. Limited Vision and Ambition: Scarcity mindset can limit an individual's vision and ambition, as they may believe that opportunities are scarce and out of reach, leading to a self-imposed glass ceiling.

  12. Short-term Orientation: A scarcity mindset can result in a short-term orientation, where individuals may focus on immediate gains rather than long-term planning and investment in their future.

These impacts have resulted in the legal profession going from a noble profession to a punchline and are the bases for the alarming statistics concerning alcohol abuse, depression, anxiety, isolation, and burnout experienced by lawyers.

5 Questions to Ask to Diagnose a Scarcity Mindset.

You may be wondering whether you have a scarcity mindset. Here are five questions to ask yourself. (Be brutally honest here; no one will know your answers but you.)

  1. Do I frequently worry about running out of resources such as money, time, or opportunities?

  2. Do I often feel envious of others who seem to have more than me?

  3. Am I hesitant to take risks or try new things because I fear failure or losing what I already have?

  4. Do I have trouble saying no to requests or commitments even when they are not aligned with my goals or values because I feel like I need to hold onto any opportunity that comes my way?

  5. Do I believe that success is a limited resource and that someone else's success means there is less available for me?

If you’re operating your legal practice from a scarcity mindset, you’re holding yourself back from your true potential and playing small. That’s the truth and that’s where a coach like me comes in. I get you because I was you. If you want to know more, reach out for a conversation; I’ll send you a link to my calendar.

#breakthelaw #lawyercoaching #mindset

The Benefits of An Internal Locus of Control.

We all face challenges and obstacles in life. Some say that because the way lawyers think, we face more than others! Some people seem to overcome them with ease while others struggle to get through even the smallest of setbacks. One of the main reasons for this difference is their locus of control.

Locus of control is the degree to which you believe you have control over the events that affect your life. There are two types: internal and external. People with an internal locus of control believe that their own actions and decisions primarily determine their outcomes. In contrast, people with an external locus of control believe that external factors, such as luck or fate, have more influence over their lives.

Strawberry Fields, Central Park, NYC. 📸 - The Author

The importance of having an internal locus of control and how it can impact various aspects of your life can’t be overstated. Here are just a few:

Improved problem-solving skills.

People with an internal locus of control tend to be more proactive when it comes to solving problems. They believe that they have the power to influence their circumstances and take action accordingly. This can lead to a more strategic approach to problem-solving, as they focus on identifying and addressing the root causes of the issue rather than simply reacting to its symptoms over and over again.

Increased motivation.

When you have an internal locus of control, you are more likely to be motivated to achieve your goals. You believe that your own efforts and actions will lead to success, so you are more willing to invest time and energy into pursuing your objectives. This can lead to a greater sense of purpose and fulfillment in life.

Better mental health.

Research has shown that people with an internal locus of control tend to have better mental health outcomes. They are less likely to experience depression, anxiety, and other negative emotions, as they feel empowered to take control of their lives. In contrast, people with an external locus of control may feel helpless and hopeless when faced with challenging situations, which can lead to feelings of helplessness and despair.

Greater sense of personal responsibility.

When you have an internal locus of control, you are more likely to take responsibility for your actions and decisions. You recognize that you have the power to influence your circumstances, and you take ownership of the outcomes that result from your choices. This can lead to a greater sense of accountability and integrity, which can improve your relationships and reputation.

Greater resilience.

People with an internal locus of control tend to be more resilient in the face of adversity. They believe that they can overcome challenges through their own efforts, which can help them to bounce back more quickly from setbacks. This can lead to a greater sense of confidence and self-efficacy, which can be beneficial in all areas of life.

Improved physical health.

Believing that you have control over your life can also have a positive impact on your physical health. People with an internal locus of control tend to engage in healthier behaviors, such as exercise and healthy eating, as they recognize that their choices have a direct impact on their well-being. This can lead to better overall health outcomes and a reduced risk of chronic diseases.

Having an internal locus of control can have numerous benefits for your personal and professional life. By believing that you have control over your circumstances, you can improve your problem-solving skills, increase your motivation, experience better mental and physical health, and achieve greater success.

How about you? Do you have an internal locus of control or an external one? Are you consistent across the board or does it vary depending on the “thing” you’re doing?

Not Taking Vacation Because You Feel Guilty? You’re Damaging Your Law Practice!

Are you a lawyer who feels guilty taking vacation? Can you even imagine unplugging for a day, let alone a week or two?

The billable hour requirement doesn’t go away when you do; I get it. Also, no one is going to take the work off of your desk while you’re away, amirite? Plus, you’ve likely bought into several (if not all) of the 5 lies lawyers tell themselves such as: Lie Number 1: I have to grind all the time to be successful; Lie Number 2: If I’m not busy, I’m lazy; and Lie Number 3: If I’m not busy, I’m lazy. If any of this sounds like you (or even if it doesn’t), you should most definitely read on.

Let’s start with some stats with some alarming stats from a recent Washington Post article that caught my eye. “Americans are about half as likely to be taking a vacation in any given week as they were 40 years ago” is the line that caught my eye. Dig deeper, though, and the statistics are even worse! Back in 1980, a measly 3.3% of people were taking vacation on any given week; today, that statistic is a measlier (yes, that’s a word) 1.7%. The article goes on to explain the “drop-off has been driven by our failure to take full-week vacations.”

Lawyers, holding advanced degrees should be, according to the statistics from the same article more likely to take both full week vacations (2.5%) and partial week vacations (2%). But are they properly represented in that data set? In other words, are lawyers actually taking time away from the office to recharge at the rates depicted in the article or, perhaps, less?

Sure, the use of vacation will vary depending on your position. For example, if you’re a true solo, you make take, perhaps a long weekend away, when courts are closed, think national holidays, and nothing else. If you’re a partner at an AM Law 100 firm, you may actually take a full week away totally unplugged. My guess is most lawyers are on a sliding scale that is weighted towards that true solo.

Now let’s talk about the importance of time away, truly away, from the office and work and what benefits would accrue to you, your clients, your firm, your family and friends, and your community. As I’ve spoken about (click here for a recording of my presentation on the basics of flow), the flow cycle consists of the following 4 phases: (1) Struggle; (2) Release; (3) Flow; (4) Recovery. Short (20 minute) periods of recovery daily to maintain your ability to achieve flow, however, aren’t enough in the long run. We need to disconnect, truly disconnect, in order to fully recharge and recover. That time away will redound to the benefit of not only your physical and mental health, but your productivity as well. We need look no further than professional athletes to understand this concept.

Many (if not all) professional athletes step completely away from their chosen sport during the “off season.” Some might look at this model and conclude it does not translate to the law firm environment. To those people, I ask one simple question: Why not? Lawyers are akin to athletes: we have to perform at a high level on a regular basis; our work is often divided into busy and not-so-busy cycles, akin to athletes ramping up for competition, etc. The only real difference is for lawyers, our “muscle” is our brains. Others may think they world-class athletes stay at the top of their game despite their time away. Talk to any Olympian or professional athlete, however, and they’ll tell you they are able to stay at the top of their game because of their time away, not in spite of it.

The benefits of recovery are well known in the athletic context (muscle recovery, cognitive rejuvenation, etc,), similar benefits come to lawyers who take time away: we are better able to perform our work, we are better leaders to our staff, we communicate better with clients, and we show up differently with our families, friends, and in our community.

The downside of not taking sufficient time away, truly away, from your work is an increased potential for burnout, or, worse yet, becoming one of the statistics our industry laments associated with alcohol abuse, depression, stress, and anxiety.

We’re all aware of the mindset “work hard; play hard.” The reality for many lawyers is “work hard; keep on working.” It’s a recipe for disaster.

Jeff Blackburn and Neil Young penned the lyric “it’s better to burnout than to fade away”; if you don’t take time away, this may as well be your mantra. The problem is that mantra hurts everyone. If you burnout, there are clients in the world who will never have the benefit of your unique legal mind; your firm, family, and community will suffer.

Don’t be that lawyer. Take time away.

If you struggle with taking time off and unplugging (or any of the 5 lies), reach out so we can have a conversation.

Flow And The Billable Hour Lawyer

Yesterday, I held a LinkedIn Live event sharing why cultivating a law practice which incorporates the concept of working in a flow state makes imminent sense for any lawyer who has a billable hour requirement. Click here to be directed to the LinkedIn recording; read on for a brief summary of the event.

The death of the billable hour has been talked about for years and, yet, the model just won’t seem to die! When lawyers hear about the benefits of a flow state, they myopically focus on the fact they’ll be 5x (that’s 500%) more productive. That’s the conclusion of a McKinsey Quarterly Report from 2013 and is based on a survey of more than 5,000 executives. That focus ignores the myriad other benefits of incorporating flow into your law practice.

Here are some of the benefits of working in a flow state:

    • Increased concentration and focus

    • Increased work product quality

    • Increased client satisfaction

    • Reduced potential for burnout

    • Better work-life blend (balance is a myth)

Increased client satisfaction leads to solid-gold referral sources for your practice. Reduced potential for burnout leads to you working with more purpose and serving clients who need you longer. Better work-life blend will result in you showing up differently for your family and community.

The benefits of having a law practice which incorporates the practice of flow greatly outweigh any “hit” you’ll take to your billable hours. There’s no valid reason not to build a law practice based on flow.

The 5 Lies Lawyers Have Bought Into: Lie Number 3 - You Must Be Available 24/7.

Cell phone. Text message. Email. Lions. Tigers. Bears. Oh my!


I think Steve Jobs was a genius, but part of me absolutely despises him for being what I view of the enabler of the lie all lawyers are told: you have to be available 24/7. That thought is balderdash! It actually sets lawyers up for failure. 


There are no fewer than two reasons why failure is the only result of being available 24/7.


First, there is a concept in sales you should under promise and over deliver in order to create clients who are evangelists for you and your work. This concept is true for lawyers as well because we all know a 100% referral-based business is the holy grail of any law practice. If you can create that, your client creation is a flywheel that, in essence, is a perpetual motion machine.


If you set the expectation with others you are available 24/7 and will respond immediately, you can only fail! There is no way you can keep batting 1.000. Ain’t happening, my friend. People will remember that one time you didn’t keep your promise and respond relatively immediately. That’s failure and that’s what you’ll be remembered for.


Second, and perhaps more importantly, if you’re available 24/7 why in the world did you become a lawyer? You could go work in retail, fast food, or any grocery store, and get decent benefits, get paid a living wage, and be able to unplug after your 8.5 hour shift. You’d be able to have a LIFE! You could find that illusive work-life blend we all seek. You would have freedom! Instead, by being available 24/7, you’re creating a cage, albeit a platinum one with presumably high pay and at least a modicum of respect. 


I’m here to tell you, you DO NOT have to, nor should you be, available 24/7. 


This all comes down to setting reasonable expectations with clients and any other people you interact with on a daily basis. Set your heuristics (the rules you live by) and stick to them.


When I had an active legal practice, I let clients know I would typically return emails within 12 hours and voicemails within 24 hours. I would also tell them I would not be available after 6 p.m. my time and, if they attempted to contact me, to not expect to hear from me until the following day. Same for opposing counsel. Same for my law partners. 


Those were the my rules. 


The benefits of setting those rules at the outset of my engagements was that I was able to unplug and be fully present with my family and in my community, absent the week leading up to and including jury trials. I also set myself up to exceed my client’s expectations because, occasionally, I would respond to a message immediately or closely after receiving it. My clients became my evangelists and my client pipeline was full of pre-qualified, closer-to-ideal, clients.


You have to get the thought you must be available 24/7 out of your head. It doesn’t serve clients, your law practice, your family, your community. It simply does not serve you.