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February 2006 | e-Newsletter Subscribe to The Timesheet's RSS feed
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In This Issue

  1. Welcome to The Timesheet
  2. The Story Behind The Billable Hour™ Timepieces
  3. Our Valentine's Day "Lawyers in Love" Special Offer
  4. Feature Article: Life Tools for Lawyers: The Value of Humor
  5. Humor: The Legal Rights of Bears
  6. Congratulations to our First Drawing Winner

Welcome to The Timesheet
We are delighted to welcome you to the inaugural issue of The Timesheet, the monthly e-newsletter of The Billable Hour™ Company. We plan to publish articles that address work/life balance issues, the role of humor in the legal profession, the billable hour concept, and other entertaining and educational subjects of interest to our readers. You are cordially invited to submit comments, as well as articles for publication; simply use the "
Contact Us" form on our website. We thank you for your interest in and support of the Billable Hour.

Mark and Lisa Solomon
Partners, The Billable Hour™ Company

The Story Behind The Billable Hour™ Timepieces
I don't remember his name. He was opposing counsel at one of my first depositions, a much older and obviously more seasoned litigator. I had my entire file spread open on the table, and a six-page script so I wouldn't forget to ask a critical question. He had only a pen and a legal pad before him. To my astonishment, I became flustered only once during the proceedings, when my adversary made a joke at one of his client's responses. Seeing this, he wasted no time imparting a word of advice that I count among my most important lessons: "Kid, if you don't keep a sense of humor about this stuff you'll never survive."

Some of the best attorneys I've encountered throughout my career were able to defuse the tension of a hotly contested lawsuit with a well timed and very humorous aside, without ever compromising their professionalism. Laughter is not only good medicine, it is honest. In my professional and personal life, I have a lot of trouble trusting someone who lacks a sense of humor. I'll often use humor as a trial tactic as well. If you've got a jury (or judge) laughing with you, chances are you are doing well for your client.

Although there are times when humor is not appropriate, on the whole, I think that the ability to laugh at a given situation moves us closer to that elusive goal of promoting civility within a contentious adversarial system. By nurturing a sense of humor about our profession and ourselves, we are reminded never to lose sight of the forest for the trees, and we are better equipped to approach the law with a healthy balance of respect and enjoyment.

Mark Solomon

Our Valentine's Day "Lawyers in Love" Special Offer
OK, full disclosure. If you haven't already figured it out, Lisa and I are lawyers in love (fortunately with each other). So here comes Valentine's Day once again, and the Lawyer/Love dichotomy is brought into clear focus. By temperament, training, or some combination thereof, lawyers are instinctively suspicious and adversarial. Love (if I may be so presumptuous as to speak of it) demands trust and surrender. But while the discipline of the law gives us a set of skills that we use in service of our clients, it does not define who we are as people.

Who understands this better than another lawyer? Because as attorneys we perform a vital societal service, the law occupies a large part of our lives. We know the passions and pains of the profession, we understand what it means to be victorious in advocating for a client, and we know how it feels to suffer defeat. There is a powerful bond of empathy between us that few non-lawyers ever attain.

This is not to say that lawyers should only seek out other lawyers as soul mates. Love can transcend seemingly insurmountable obstacles; differences in livelihood are meaningless by comparison. Non-lawyers who are perceptive enough to see beneath the surface of our professional life, to see not just the "lawyer" but the complete thinking and feeling human being, can love and be loved by lawyers.

In this spirit, we give you:

Feature Article: Life Tools for Lawyers: The Value of Humor
According to the Humor Project—an organization that runs humor seminars and workshops on such topics as Jest for Success: Making Humor Work at Work and Taking Your Job Seriously and Yourself Lightly: The Positive Power of Humor—it is quite possible to be "a serious professional without being a solemn professional." Laughter is like internal jogging and, as medical researcher Dr. Norman Cousins said in 1979, "he or she who laughs, lasts."

Like any other work-out, laughter improves your respiration and circulation, oxygenates the blood, suppresses stress-related hormones and releases endorphins in the brain, and it activates the immune system. Evidence has shown that humor can play a role in speeding recovery from injury, reducing allergic response, and promoting mental and physical health.

Humor at work and at home
There is room in the law business for laughter. In a survey of 737 CEOs, over 98% said they would hire somebody with a sense of humor rather than a candidate without one. Ice cream maker Ben and Jerry's has a Joy Committee that provides grants to employees to develop ideas that bring more joy into the workplace.

Author, speaker and business consultant Ken Blanchard says in his book, Laughing Matters:

Humor and laughter in organizations can increase the amount of feedback you can get, the honesty, and the capacity for people to tell you good things. All the solutions to problems in organizations are within your own people, but the problem is half of them don't want to say anything because they usually get zapped—you kill the messenger. It's through humor that you can open up the lines to communication.

In a ten-year study of married couples, researchers John Gottman and Sybil Careere of the University of Washington found that they were able to predict the success of a marriage with 88% to 94% accuracy based on the presence of romance, humor, and affection in the marital partners' communication style. This may be why "his sense of humor" is so often given by women to explain their attraction to a particular male.

Some 69% of couples have perpetual problems, like different attitudes toward finances, which can kill a marriage unless the communication style that frames the discussion reflects those three factors. While the Gottman and Careere study identified criticism, contempt, defensiveness, and stonewalling as destroyers of marriages, an effective funny bone can ameliorate their effect.

In social situations, humor is a powerful tool to help people get to know one another, to bond teams, to overcome cultural differences, and bring newcomers into the fold. In business, humor improves performance, encourages positive thinking, energizes meetings, promotes creativity, and gets more work done. Humor is the bonding agent that creates trust and strengthens relationships.

Humor is a proven antidote to stress, a key to good communications, and contributes to healthy relationships. Are lawyers better known for their humor skills or for being offended by lawyer jokes? Jokes about lawyers aside, developing your humor skills is sure to make you healthier and happier. And humor is a skill that can be developed.

Work on it
Don't worry if you're not a stand-up comic: the Humor Project has been operating since 1977, and while 80% of its seminar participants think they have good senses of humor, 98% of them say they can't tell a joke to save their life.

Here are some hints for developing your funny bone:

  1. Don't even try to be a stand-up comedian if you are shy or you can't remember punch lines. Or give it a try by joining a comedy workshop at a local community college or center. The truth is often funnier than fiction.

  2. Tell your own true-life stories. Didn't "Seinfeld" show us the success of that approach?

  3. Freely share your witty or wry observations about daily life. Just remember humor only works when it meets the AT&T Test: Appropriate, Timely & Tasteful.

  4. Collect other people's personal stories or anecdotes to share in future. Just don't forget the lawyer's commitment to confidentiality—keep the characters unrecognizable.

  5. Watch Comedy Central.

  6. Subscribe to an emailed daily joke or purchase a desk calendar with a daily joke.

I'll never forget the effect of pasting on my office door this quip from Henry Kissinger that was taken from my desk calendar: "There can simply be no crises next week, my schedule is already full." Everyone who considered bringing a problem to me reconsidered, upon reading the note, whether they truly had a crisis needing my intervention and some decided that bothering me was not really necessary. The power of a joke!

Cheryl Stephens works with lawyers in Canada and the United States to develop their law practices and enhance their professional and interpersonal skills. She also provides public training in leadership and communication skills, including creativity, innovation and humor. Cheryl, who has been called Canada's only professional muse, currently maintains blogs on life in the law firm; women's challenges in law practice; social and business trends; and plain language. Links to all of Cheryl's blogs can be found at www.CherylStephens.com/blogs.html.

Humor: The Legal Rights of Bears
The issue of the legal rights of bears came to my mind when I saw an article in the November 16, 2005 New York Times with the headline "New Jersey Sets Bear Hunt For Six Days in December." (at page B4). What caught my eye was the sentence: "Last year, Mr. Campbell blocked a hunt, saying that the state would be better off exploring other management tools such as contraception and public awareness." By "public awareness" Mr. Campbell may mean public service announcements with warnings like this:

If you go out in the woods today prepare for a big surprise. If you go out in the woods today you'll never believe your eyes. For every bear that ever there was is gathered there because—because today's the day the teddy bears steal your pick-a-nik basket.

Or maybe the words "public awareness" so close to the word "contraception" may simply be code words for teaching abstinence to female bears (known as "sows") who may no longer have the Constitutional right to contraception if the case Sow v. Wade is reversed. But do not offer contraception to bears and then only give them abstinence literature ("bait and switch"), because in New York bear baiting is illegal (Agriculture and Markets Law §351).

That bears have constitutional rights cannot be denied. We know that the Second Amendment guarantees them the right to their own brand of weaponry when it speaks of the right to bear "arms." In New York we have from time to time had a bear hunting season in which the bears are given a season to hunt with those armaments. In New York State the bears have a right in the Adirondack forest preserve "to be kept forever wild" (New York State Constitution Art. XIV, §1). This has provided certain sows with the ability to make lucrative videos such as "Spring Break: Sows Gone Wild" shown on the cable channel Animal Planet as part of its reality TV shows like "Bear Survivor: Bergen County." You can order "Sows Gone Wild" on their web site or just make out a check payable to "Bears Err," or issue promissory notes, which are instruments which bear interest to bears. Arranging fights between bears is illegal in New York (Agriculture and Markets Law § 351) but apparently not in California when the University of California Bears play the U.C.L.A. Bruins.

However, there is a large conservative bear lobby opposed to certain contraception information being given to bears without also discussing abstinence. The presence of this large contingent is often seen on toll roads where the signs that read "Rest Area—Bear Right" attest to the strong presence and sponsorship of the rest areas by the Bear Right. They also attempt to confuse hunters by trying to mislead them into thinking the bears have vacated an area when they post signs that say "Bear Left."

The Times article also quotes Priscilla Feral (an appropriate name for an animal rights advocate—and I'm not kidding—you can look it up), president of Friends of Animals, that her organization would go to court to block the hunting of bears. Bear in mind, "life" is obviously one of the rights Ursine advocates (people who bear witness) assert that bears have. Indeed, they say it is it is a bear necessity.

James M. Rose is an attorney and legal humorist in White Plains, New York. A collection of Mr. Rose's articles in book form, The Supreme Court Jester, contains an article by Mr. Rose on the rights of humans with S.A.D. to hibernate.

Congratulations to our First Drawing Winner
Once each quarter, we choose a winner for our "How do You Spend Your Billable Hours?" drawing. Many of you entered the drawing by completing a survey on our website; others entered by purchasing a Billable Hour™ timepiece (all customers are automatically entered in the drawing).

Our first drawing winner, chosen at random from all entries in the fourth quarter of 2005, is Sanford Hausler of New York City. We are sure Sanford will get "hours" of enjoyment from his new Silver Desk Clock!



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