Risk Prevention

Procrastination: Raising the Stakes

By Karen Erger

Neglect is the top cause of disciplinary complaints, and procrastination is the handmaiden of neglect. Here are 10 tips to help tame your inner procrastinator.

"Who wants to play those eights and aces? Who wants a raise, who needs a stake?"

– Bob Seger, "Fire Lake"

One of my classmates (I'll call this person "X" to avoid libel suits and problems at my class reunion) was notorious for putting off doing the work for a course until the night before the final exam.

My friends and I surmised that X did this because X (unreasonably) feared not being able to "cut it" in school. We decided that X put off doing the reading for fear of finding out that this was true – that X couldn't understand the material. As a bonus, if X did badly on the exam, X could blame poor preparation, rather than X's own inability to master the subject.

Despite the procrastination, X sometimes achieved spectacular results. When X got the highest grade in one of our courses, no one was surprised. But I knew that X was not just smart, but extraordinarily lucky. The night before the exam, X called to advise me that s/he was just then removing the plastic wrap from the textbook to begin her study of the subject.

In law practice, we can't always be as lucky as X, and the stakes are much higher than a grade point average. Every matter we handle puts our client's interests, along with our own reputation, financial success, and professional liability insurance, on the line. Procrastination stacks the odds against us. Waiting until the last minute to draft a complaint may work out OK. There are, however, many other, less favorable outcomes, including the possibility that (1) you goofed in calculating the statute, (2) you missed a cause of action, and the statute has run on that, too, and/or (3) the client can't be found.

It comes as no surprise that procrastination is a root cause of many claims, and neglect is the top cause of disciplinary complaints. There is a procrastinator in all of us.¹ Here are 10 tips to help tame your "inner procrastinator."

1. Expect the unexpected. Surprises are part of life and practice. Schedule your work so you have time to deal with the unexpected.

2. It's not all about you. Your practice depends on the help and input of many other people: your client, your secretary, your paralegal, and maybe your partners. Don't expect that any of them will be available at the eleventh hour. The night before you're due to file your client's tax return is not a good time to find out that you need additional information from your client – and it's a really bad time to find out that she is on a two week trip to Bali, and can't be reached.

Have you ever seen the office sign that says "Your Delay Does Not Equal My Emergency"? Plan ahead to be sure the people you need will be there for you.

3. Do the tough stuff first. A recent article in Martha Stewart's Living suggests starting with the bathrooms when cleaning the house: "These rooms are often the toughest, and the least pleasant. Get them out of the way and you'll already feel like you've accomplished a lot."

This works for legal matters, too. Most of us have an unpleasant matter or two on our desk – one that we guiltily move to the bottom of the pile as more fun and interesting stuff comes along. Start the day by digging out those matters and digging in. Doing this first thing means you'll have fewer distractions, a fresh mind with which to solve problems, and a cleaner conscience for the rest of the day.

4. Don't create a procrastination situation. One reason a file might sift to the bottom of your to-do pile is that it is outside your "comfort zone." Say you're a litigator who has agreed to draft a will for a favorite client. You think that any goof ought to be able to draft a will, but you don't, so you must be a goof, and you're sure not going to admit that you don't know what every goof knows, but in the meantime the file languishes on your desk, and makes you feel guilty and bad, so you ignore it.

No area of law is simple. Don't be bullied or cajoled into practicing in an area where you're not competent. If you want to venture into unfamiliar waters, chart a safe course by associating with a lawyer who knows the ropes.

5. Review your files every 60 days. Calendar all of your matters for review every 60 days. As files come up for review, have your secretary pull them and put them in your office. Open them up and look for unfinished tasks, dates that should be calendared, next steps that need to be taken. Now, while you're thinking about the matter, dictate a status letter to the client. Close file. Repeat until all files are reviewed. Ahh – savor that happy, on-top-of-things feeling!

6. Don't snooze through key dates. When a "tickler" date comes up on your calendar, don't ignore it or reschedule it to a later date. Instead, do what it tells you. Draft the motion to dismiss. File the QDRO. Whatever.

Ignoring or pushing back reminders on your calendar is like repeatedly hitting the "snooze" button on your clock radio. Inevitably, it will make you late for something important.

7. Overthrow the "tyranny of the urgent."² This phrase refers to the tendency of "urgent" tasks – important or not – to take precedence over what really needs to be done at the time. Urgent tasks enable us procrastinators to put off what we should be doing – guilt-free, because we're working our tails off.

To get your work done, you need to create a "force field" against the million urgent interruptions that would otherwise steal your day. Schedule time to work without interruptions, and treat it just as you would a client appointment. Put it on your calendar, and don't reschedule for anything but a true emergency. Close the door, turn off the phone. Have your secretary screen visitors and calls for anything that's not important and/or can wait until your "appointment" is over.

8. Plan your work – work your plan. At the end of every day, take a few minutes to jot down the things that you'll need to do tomorrow. When you've done this, prioritize them. This will allow you to plunge right into the most important tasks tomorrow. (Remember Martha's bathrooms – see Tip #3.)

9. Reconsider your career as a firefighter. One more thing about the urgent: If you are always "fighting fires" in your practice, something is wrong. We all have emergencies, but your whole working life can't be a 911 call. Eventually one of those forest fires will be too big for you to put out.

The time you spend investigating the cause of the constant "flare-ups" is a critical investment in your firm (and your sanity). Consider enlisting the help of your professional liability insurance company and your bar association colleagues as you create and implement your "fire prevention plan." Don't wait another day. Smokey the Bear was right: Only you can prevent forest fires.

10. Don't procrastinate playtime, either. Reward yourself with a vacation. Schedule time to play with family and friends. If you've ever gone on a trail ride, you know that even the pokiest horse will break into a gallop when he sees the barn ahead. Having your reward in sight will motivate you to get the work done, too.

Don't gamble with your career and reputation. Procrastination raises the stakes to an unreasonable level, and may end up putting you in the "hole." The better bet is to cultivate habits that keep you ahead of the game.

1.   Just ask my editor. [Editor's note: Posh. Save the rare lapse – the exception that proves the rule – the author delivers on time and under budget.]

2.   Time Management and Project Initiation: Tools and Tactics for Enhancing Project Management (2004 XL Design Professional).

Attorney Karen Erger, former vice president and director of loss prevention with ISBA Mutual in Chicago, now works with Holmes, Murphy & Associates in Cedar Rapids, Iowa.