The Lawyer's Burden: How Goal Obsession and Hindsight Bias Lead to Burnout
Goal-chasing and hindsight anxiety shape the lawyer's mindset—understanding these patterns is the first step toward sustainable practice
A bit under ten years ago, a law firm colleague shared a conversation he had with his partner about stress and work hours. His partner had a corporate sales role, worked a standard forty hour week, and took home a similar salary as my colleague and me. In contrast, we were billing away at a large law firm with everything that entailed. She had asked him why he was always so stressed and worked so many hours, while expressing a desire for more quality time together. In hearing about this, I wondered how it was possible to not be as stressed, work a mythical forty hour week, and receive a comfortable salary.
Sometimes we remember things seemingly at random but I’m increasingly of the mind that memories stick around for a reason. I remember this conversation because it reflects a stark difference between world views arising from our respective lines of work. There is something about the views of a lawyer that predisposes them to a state of overwork and overstress that isn’t as commonly experienced in other fields.
There are lots of reasons for this and many of them are commonly recognized—the billable hour, the adversary system, unreasonable demands, deadlines, etc.—but I think two of them need more attention: an overemphasis on goal-oriented behavior and the influence of hindsight.
The Treadmill of Achievement: How Lawyers Get Trapped in an Endless Cycle of "Almost Success"
The problem with excessively goal-oriented perspectives is that they cause us to accept unsustainable practices in the present. Before we even apply to law school, we set our eyes on LSAT scores and law schools. If I can get [this] score and get into [that] school I will [be successful]. But in law school, I need to get [these] grades to land [those] summer jobs to set myself up for a career in [the field], so now is the time to buckle down. I will finally be on my way to success once I land a full time offer, but I’m not there yet so we need to go harder. But then the work starts. Here I need [these hours] and [those responsibilities] in order for them to let me stick around, so I need to sacrifice a bit more. I also need to do [X], [Y], and [Z] to [make partner/go in-house/get promoted/lateral/etc.], so I need to dedicate yet more time there. Then I will finally be successful. It goes on and on.
Overemphasizing the promise of the future can lead us to ignore the expenses incurred today. It cultivates a belief that suffering today is not only acceptable, but it’s safe, correct, and worthwhile because the odds of a better tomorrow will improve. When we arrive at the next stoplight, we already have our sights set on the next milestone. At the same time, the sacrifices that we accept every day in the meantime is guaranteed. And so is the corresponding effect those sacrifices have on our relationships, health, and functioning. One day we wake up and it’s years into the future and we’re burned out and still wondering when we will finally feel successful.
The Hindsight Trap: Why Lawyers Live in Fear of What They "Should Have Known"
The second reason behind our tendency towards overwork and overstress is the significance of hindsight. Like an Instagram feed, the practice of law tends to highlight a narrow fraction of past work and activity that involve mistakes. When all the agreements, strategies, and behaviors are executed well and conflicts are summarily resolved, our time and attention moves on with corresponding speed. These moments rarely make it through the awareness algorithm. On the flip side, when that one scenario, bit of information, or contingency was missed and an issue blows up, that becomes a highlight reel. The problem now seems obvious because it happened and now you’re dealing with it. If you inherit a problem, the thought “How could they have missed this?” may come to mind. If a past case or issue comes back to haunt you, perhaps “How could I have missed that?” looms large instead.
Planning ahead for future legal problems can be like timing the stock market. Contingencies that you have no reason or way to anticipate may come to light and seem blatantly obvious after the fact. Information that is actually out there but not worth the resources to discover at the time become pivotal later. But before that time comes, we sweat all the possibilities—especially the ones we don’t know that we don’t know about. To be sure, there’s value to this tendency to worry; it increases the likelihood that all boxes to be feasibly checked will be checked, motivates diligence, and increases the odds of a positive outcome. But it comes at a price. And I suspect that no lawyer has accurately billed for every six minutes of worry that effectively improves the outcomes of their cases.
Breaking Free from the Lawyer's Treadmill
The legal profession cultivates mindsets that serve our clients well but at the cost of our personal wellbeing. We are trained to chase moving targets of success while living in fear of what hindsight might reveal, resulting in chronic stress, unsustainable work habits, and eventual burnout.
Breaking this cycle requires more than bumper sticker wellness tips. It demands a fundamental shift in how we view success, failure, and the relationship between our professional and personal identities. It means learning to recognize when lawyer brain is unnecessarily catastrophizing potential outcomes or when we're sacrificing today's wellbeing for tomorrow's uncertain rewards.
If our coaching for attorneys can be of help with this, all you need to do is reach out.