I’ll Sleep When I’m Dead: The Ignored Epidemic in the Legal Profession

I’ll Sleep When I’m Dead: The Ignored Epidemic in the Legal Profession

TexasBarToday_TopTen_Badge_VectorGraphicThere is an epidemic in the legal profession, one we don’t like to talk about. It affects other professions as well. It stresses our minds, weakens our mental and physical health, and strains our relationships with family and friends.

Alcoholism? Drug abuse? Depression? Yes, those are serious problems that disproportionately afflict lawyers. But I’m talking about something else: sleep deprivation. You know the problem is real when a prominent law firm installs napping pods in its break room.

We just don’t get enough sleep. See Law Is Second-Most Sleep-Deprived Profession. And usually our sleep deprivation is coupled with a physical addiction to caffeine or other stimulants. Now, being addicted to a double tall cappuccino is not the worst thing in the world (it’s $3.95 with tax), but it’s an addiction nonetheless.

The curious thing about this epidemic is that it is widely acknowledged but just as widely ignored. Imagine you’re the managing partner of a law firm. Would you allow lawyers to work while drunk? Of course not. But see Studies Show Sleep Deprivation Performance Is Similar to Being Under the Influence of Alcohol. When was the last time you heard a law firm partner say “listen, John, I’m really concerned about you coming to work without getting enough sleep”?

Lawyers react to the epidemic

If you tell a lawyer he or she is not getting enough sleep, you’re likely to get one of these reactions:

The “NSS” response. This stands for, as we used to say in junior high, “No S**t, Sherlock.” This response acknowledges the problem but shrugs and says, “hey, that’s life, what are you gonna do?”

The “Macho” response. This one sounds like a lament but actually celebrates the problem. “Yeah, last month was rough, I billed 250 hours and only slept four hours a night.” It wears sleep deprivation as a badge of honor, like a commando talking about sitting in frigid water for hours during Navy SEAL training.

Denial. “I know I should be getting more sleep, but I get by once I’ve had my morning coffee. It’s not that big a deal.”

And you can just imagine the lack of sympathy you’ll get from a non-lawyer. “Yeah, it must be tough making $250K a year and not getting enough sleep. Well, my dad was a bricklayer and worked two full-time jobs just to put food on the table.” Or the white-collar version: “You lawyers should stop whining; try working an overnight shift in the ER.”

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Liquid job performance?

Ok, I respect that (sort of). But the thing I find most interesting about these typical responses is that they ignore a crucial question: how does sleep deprivation affect job performance?

People tend to look at sleep and work as competing priorities. It turns into a debate: sensitive souls who say you shouldn’t sacrifice your personal life to get ahead in your profession vs. tough guys who say “I’m going to grind while you sleep.”

But what if we’re looking at this all wrong? What if getting more sleep would improve job performance?

Another paradigm: professional athletes

There’s a different profession that takes a fundamentally different view of sleep and job performance: professional sports. Most elite athletes take sleep pretty seriously.

Granted, even in professional sports, there is some celebration of sleep deprivation. This is especially true of NFL quarterbacks. We venerate the QBs who supposedly get to the team facility every morning at 5 am and stay up late at night watching film.

But that’s the exception, not the rule. Most professional athletes understand you can’t stay in peak physical shape on five or six hours of sleep. They also know that getting enough sleep is crucial to mental sharpness. In fact, many professional athletes are almost obsessive about getting an amount of sleep you might consider excessive. Houston Texans superstar JJ Watt reportedly tries to go to bed at 7:30 pm during the season.

Even quarterbacks, the guys we picture staying up until 2 am breaking down defenses, understand this. One NFL quarterback said, “I think sleep is so important because I break my body down so much with my sport.” He said he usually goes to sleep by 9 pm, and even earlier during the season. His name? Tom Brady.

So what if lawyers and other professionals approached sleep and job performance like athletes do?

Unfortunately, the legal profession tends to measure performance by the number of hours worked. This insidious notion is embedded in everything lawyers do. To wit: when law firm accounting software generates a “productivity report,” it’s just a tally of the number of hours lawyers billed. That’s obviously not real productivity.

In contrast, no one really cares how many hours an athlete works ahead of time. Productivity in sports comes down to one thing: winning. And sleep-deprived athletes are not going to win. At least not consistently.

“Overworked associates of the world, unite”?

Some of you are rolling your eyes. You’re thinking this sounds like just another touchy-feely article calling for “work-life balance” and criticizing big law firms for working lawyers too hard.

But my point is not to take up arms with BigLaw associates against management. Lawyers at big law firms get paid a lot of money and usually know what they’re getting into.

Young girl softball
What if lawyers approached sleep the way elite athletes do?

I’m more concerned with another constituency: clients. Clients are to law practice what fans are to professional sports. They pay the bills, and they suffer when the team doesn’t perform at its best.

When sleep-deprived lawyers bill hundreds of caffeine-fueled hours doing mediocre work, it’s not the clients who benefit. Generally, clients would be better served by razor-sharp mental focus and efficiency.

That’s where the professional athlete paradigm is superior. The application to trial lawyers is obvious. Clients don’t care how many hours you worked leading up to the trial; they want to see you perform your best and win on game day, when it really matters.

But the professional athlete model isn’t limited to trial work. Every significant client “deliverable” is like a mini-game day, whether it’s drafting an agreement, taking a deposition, or arguing a hearing. Instead of racking up hours, lawyers should be focused on winning each game.

Objections to the professional athlete paradigm

So what are the major objections to my proposed paradigm shift? Here are the things I expect lawyers to say.

1. My job is mental, not physical.

An athlete who repeatedly shows up to games physically exhausted is not going to perform well. But admittedly, this is not a perfect analogy. Lawyers don’t have to be in elite physical condition to get their work done. (But see 7 Things Physical Fitness Teaches You About Professional Success.) Their job is primarily mental, not physical.

So, there is a grain of truth to this response, but the problem with it is obvious. Nature doesn’t respect the physical/mental dichotomy the way we do. Your brain is physical, and it’s not going to fire on all cylinders when you don’t get enough sleep.

2. There is no way I can get enough sleep and get all my work done.

Hey, I get it. Sometimes you have 18 hours of work to get done and only 24 hours to do it, whether it’s filing a brief in an appeal or finalizing a contract for a major transaction. Getting a full night’s sleep is just not an option.

But in the long run, is getting less sleep really helping you get your work done?

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Not going to hit my billables this month

Let’s say you typically sleep 6 hours and spend 11 hours at the office. I bet you’re tired and not all that focused during those 11 hours, and you probably waste a couple hours doing unproductive stuff because your mind is weary.

What if you slept one more hour and spent one less hour at the office? I’d be willing to bet that with the energy you gain from one more hour of sleep, you could get the same amount of work done in less time.

3. But there is no way I can get enough sleep and meet my billable hours requirement.

If this is true, then you’re probably working for the wrong law firm. Find a firm that values doing excellent work on time, not filling a billable-hours quota by doing busy work.

4. To get more sleep, I would have to sacrifice family time or some other personal priority.

This is the toughest one. The reality for many of us is that spending more time sleeping would mean no time for coaching our kid’s soccer team, meeting friends after work, exercising, reading, doing a hobby, etc. We don’t want to be robots who do nothing but work, eat, and sleep.

But I’m not necessarily saying you need to sleep more (although you probably do). I’m proposing a change in your mindset. Lawyers and other professionals would improve their job performance—and make clients happier—by thinking less like assembly-line workers and more like professional athletes.

Lawyers who manage other lawyers would also benefit from this paradigm shift. But I fear they are a lost cause. You’ve got to pick your battles.

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head-shot-photo-of-zach-wolfeZach Wolfe (zwolfe@fleckman.com) is a Dallas Cowboys fan who handles non-compete and trade secret litigation. His firm Fleckman & McGlynn, PLLC has offices in Houston, Austin, and The Woodlands. 

These are his opinions, not the opinions of his firm or clients. Citations to Tom Brady do not reflect endorsement of the New England Patriots, although a team that wins that many Super Bowls in the salary-cap era deserves a little grudging respect.

Stop Using These Corporate Buzzwords. Except When They’re Effective.

Stop Using These Corporate Buzzwords. Except When They’re Effective.

TexasBarToday_TopTen_Badge_VectorGraphicApt metaphor or annoying corporate buzzword?

Workplace buzzwords. We’ve all heard them. Travis Bradberry, author of Emotional Intelligence 2.0, says you need to stop using them. He provides a list of 25 corporate buzzwords you need to stop saying and gives this absurd example to make the point:

Listen Ray, I don’t have the bandwidth for it with everything that’s on my plate, but ping me anyway because at the end of the day it’s on my radar and I don’t want to be thrown under the bus because I didn’t circle back around on this no-brainer.

What’s the problem with using trendy expressions like these? Bradberry explains with a technical term from clinical psychology: they “annoy the hell out of people.”

I agree that overuse of workplace buzzwords is annoying. I also agree that it matters. While trying to sound current and communicate more effectively, you can actually undermine your credibility and sound like a lightweight. Think about a great leader you respect. Does that person use a lot of trendy phrases like “take this offline” and “drill down”?

But I have two reservations about the critique of trendy buzzwords. First, all of us have certain phrases we like to use. Bradberry himself admits a fondness for “low hanging fruit.” Must we give up our favorite expressions just because someone might be annoyed?

Second, the best communicators use metaphors and expressions all the time. The right metaphor can instantly communicate an idea more effectively. Take the “low hanging fruit” example. In just three words it conveys the abstract concept that “we’re going to focus on the tasks that are easily accomplished first, and then we’ll get to the more difficult ones.” Why is that so bad?

This points to the larger question: How do you know the difference between an apt metaphor and an annoying buzzword? Because effective communication is such an important part of my job as a litigator, and because I like to overanalyze things, I will take a stab at answering this question.

Wolfe’s Unified Theory of Expressive Language

Let’s start with a taxonomy of expressive language. Consider these alternatives for saying essentially the same thing:

1. Non-expressive: I will communicate with my client about this issue and then communicate with you again.

2. Clichéd expressive: Let me get on the horn with my client so we can try to put this to bed.

3. Trendy expressive: I will ping my client to touch base and then circle back.

4. Concrete: I will talk to my client about this and then get back to you.

I admit the “non-expressive” example is a little artificial. Hardly anyone talks like that. It sounds like something a robot from a 1950s sci-fi movie would say. But the point is that using literal language sometimes sounds stiff and unexpressive. There’s a reason the instructions for putting together your kid’s swing set are literal while great poetry is metaphorical.

Yes, poetry is nice, but the two “expressive” examples just seem to be trying too hard. They strain to substitute an expression where just saying what you mean would suffice.

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The “clichéd” expressions can be annoying because they are overused. They’ve been around as long as anyone can remember. The “trendy” expressions are even more annoying, because they are overused and trendy. They haven’t been around that long but have suddenly become ubiquitous, like a viral YouTube video.

In contrast, there is nothing irritating about the “concrete” example. It’s not as stiff as the “non-expressive” example, but it gets right to the point, without any overused buzzwords. In most situations, it’s probably the best of the four alternatives.

Also, notice that there is more than one kind of buzzword. Some, like “move the goalposts,” express an abstract concept in concrete terms,  Others just substitute a trendy word for an ordinary one, such as “ping” instead of “email.” Or they use a fancy word like “synergy” to make something sound more complicated than it really is.

Five Buzzword Commandments

Manners and other social conventions cannot be easily reduced to logical rules. If they could, a show like Seinfeld wouldn’t be so funny. But I’m a lawyer, so I like rules. What rules can we take away from this analysis of workplace buzzwords?

First, the most annoying buzzwords are the ones that merely substitute a trendy term for an ordinary one. These terms don’t add any value. In contrast, an expression like “elephant in the room” at least adds some value by quickly conveying an abstract concept. (Plus, any expression George Washington uses in Hamilton is ok by me.)

The problem, of course, is that even the most apt metaphor can become clichéd through overuse. This gives us the second rule: stop using an expression when you see that everyone else is using it too much.

Third, trendy expressions are generally worse than traditional clichés. For example, compare “hit the ground running” with “I don’t have the bandwidth.” Both of these have become clichés. But “hit the ground running” has been around so long—and expresses the concept so effectively—that it has become a basic part of the language. In contrast, “I don’t have the bandwidth” is just annoying. You could just say “I’m too busy.”

The fourth and probably most obvious rule is that you should use expressions in moderation. Even the trendiest buzzword can be effective if used sparingly. Just don’t overdo it.

Wait a minute, some of you will say. Why should I care so much about what other people think about the way I talk? Using trendy expressions is just how I roll. Why should I change my style just to fit someone else’s narrow conception of effective communication?

Ok, I respect that. If using trendy metaphors is part of your DNA, then don’t stop. Just don’t start talking like that because you think it will make you sound clever. If these phrases don’t come naturally, you will sound even more ridiculous when you strain to use them.

In other words, the fifth rule is to be yourself. At the end of the day, that’s a no-brainer.

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head-shot-photo-of-zach-wolfeZach Wolfe is a Texas trial lawyer who handles non-compete and trade secret litigation. His firm Fleckman & McGlynn, PLLC has offices in Austin, Houston, and The Woodlands. With some exceptions, he tries to avoid using trendy corporate buzzwords.

7 Things Physical Fitness Teaches You About Professional Success

7 Things Physical Fitness Teaches You About Professional Success

It turns out people can change

I’m sure you’ve seen those articles about the health benefits of physical fitness. They have headlines like “Researchers Find That People Who Exercise Live Longer.” You wonder if the study was commissioned by the University of the Obvious.

This is not one of those articles.

I’m not here to convince you that you need to exercise to be healthy, or to make you feel bad if you don’t get up at 4:30 every morning to go for a 10-mile run.  You already know exercising is good for your health, even if you have one of those bumper stickers that says “0.0.”

The point I want to make is that you can learn a lot about professional improvement by making a serious effort to improve your physical fitness. You could also “learn” these things from reading some self-help articles, but sticking to a serious physical fitness regimen teaches these lessons in a more concrete way that will stick.

So what will you learn?

1. Discipline isn’t always rational

You know it will take discipline to go from struggling to jog around the blog to running a seven-minute mile, but people often misunderstand the nature of discipline.

The problem is that we tend to think of reason and discipline as allies. After work, you would rather sit on the couch and watch Fresh Prince reruns than go for your daily run. You try to overcome your laziness by reasoning that you won’t reach your goal by the end of the year if you don’t go on that run.

Swimmer

But here’s the problem: you’re reasoning is wrong. From a purely rational perspective, skipping that one run will not materially affect your long-term goal. If you’re trusting your rational mind to get you to run, it will fail you.

You need to enlist passion on the side of discipline. Emotion says, “get off that couch, lazy!” You need an ethos of discipline fueled by pride, not by logic.

Make a schedule for when you’re going to exercise and get almost fanatical about staying on the schedule. Your friends, family, and co-workers may think you’ve joined a cult, but your new schedule will become a habit. And habit is stronger than reason, whether the goal is doing handstand pushups or getting more clients.

2. If it’s not fun you won’t stick with it

Unfortunately, your new obsession with discipline will only take you so far. If running isn’t fun for you, then you’re not going to do it consistently. I don’t mean it needs to be fun every time you do it, or that it should be easy and care-free. But at some level you have to enjoy the kind of exercise you do, or you won’t keep doing it.

baby in air

So if you don’t like running, then find some other kind of exercise you enjoy. Lift weights, do Pilates, play basketball, ride a bike, whatever.

The same thing is true in your professional life. Let’s say your goal is doing more public speaking, but after several attempts you still just hate it. Stop and reconsider. Maybe you don’t really need to do that. Perhaps there is some other professional goal you could pursue instead. Like learning to clear a paper jam.

3. Improvement is gradual

So now you’ve found a “fun” exercise program you follow like your life depended on it. In six weeks you’re sure to look like a fitness magazine cover model, right? Well no, of course not. You probably will notice some difference within six weeks, but reaching your goals will take longer.

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Don’t get frustrated when you don’t see the results you want immediately. Celebrate the small victories and stick to the plan. Your fitness level will improve. It just takes time.

Professional improvement usually works the same way. If you have no management experience, for example, don’t expect to become a great manager overnight. Focus on improving your skills a little each day.

4. Don’t skip rest day

Once your fitness activity has become a habit and you start to see results, you may get a little greedy. You’ll tell yourself, “I lifted weights three times a week for two months and got stronger, so if I do it six times a week my results will be twice as good, right?”

Don’t get caught in that trap. Most good exercise programs have rest days. Lately I’ve been following the daily workouts posted by crossfit.com. It’s three days on, one day off. Sometimes I’m tempted to exercise on the rest day because I’m impatient to improve my results. But skipping the rest day is a mistake.

Koala sleeping

In physical fitness, the rest day has both physical and mental benefits. The physical benefit is obvious. Your muscles need that rest time to rebuild. But the mental benefit is even more important. When you take a day off, you come back the next day with greater mental sharpness.

Taking the “rest day” is just as important in our careers. We think that if we work more nights and weekends, we’ll get ahead faster. Sometimes putting in that extra time does pay off, or it’s just something we have to do. But don’t think your job performance will improve simply by working more. Routinely skipping your time off will cause you to lose mental focus, which will undermine your performance, not improve it.

5. Learn to deal with setbacks

Injuries suck. Not only does an injury physically hurt, it delivers a mental blow. It would be less psychologically damaging if injuries resulted from skipping a workout and taking it easy. But exercise injuries are the opposite. They are especially demoralizing because you feel like you did something to get stronger, and instead it made you weaker. And it may take you weeks or months just to get back to where you started.

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Hmm. Has anything like that ever happened in your professional life? Maybe you took a new job hoping it would improve your career, but you got laid off six months later. Or you took on a new responsibility at work, only to be thrown under the bus when it went south.

Coming back from an injury teaches you something about overcoming setbacks. You learn that it takes even more discipline and determination to recover from an injury. But if you stick to the plan, you will come back stronger than before.

6. You’re not too old

First the bad news. If you are an NFL running back, you are probably “over the hill” by your 30th birthday. Your body has taken such a pounding that it just can’t do what it used to do. Having “lost a step,” you can’t burst around the edge for a first down the way you used to.

Unless you’re Emmitt Smith, who ran for an incredible 18,355 yards over a 15-year career.

football-runner-ball-fight-40590

But the good news is that most of us are not NFL running backs, or any kind of professional athlete. Unless you were an elite athlete in college, you can probably get in the best physical shape of your adult life in your 40s, 50s, and beyond. Yes, it gets harder, but it can be done.

And if age doesn’t prevent you from improving your physical fitness, then you know it can’t prevent you from improving your other skills. There is no reason getting older should stop you from becoming a better public speaker, a better salesman, a better manager, etc. You can even learn how Twitter and Periscope work.

Which leads me to . . .

7. People can change

If you have a daughter in the 10-18 year age range, you probably know the line “we aren’t saying you can change him, ‘cause people don’t really change.” And if not, you’ve still encountered the sort of pop psychology that says after a certain age people don’t really change.

By around 25 years old, most people have a hard-wired worldview that shapes their views on controversial issues. This is of course a big topic in politics. It’s also a big issue for people like me in the litigation business, where jury views are important. And there is a lot of truth to the idea that people don’t change their fundamental views past a certain age.

runners

But physical fitness teaches you this isn’t necessarily true about skills and talents.

Recently I had the honor to co-chair a charity fun run for the Houston Bar Association. After all the preparations were done and the starting gun sounded, I decided at the last minute to run the five-mile race. I quickly safety-pinned my number on my shirt, and off I went. I didn’t win any awards, but as I ran the course, I realized running five miles without doing any specific training for it was pretty easy for me. (This is what the kids call a “humble brag”).

Here’s the cool thing. Ten years earlier, it was a challenge just to run three miles without stopping. But since then I had done a lot of running, biking, strength training, you name it.

That’s when it really hit me. People can change. And they can learn a lot in the process.

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head-shot-photo-of-zach-wolfe

Zach Wolfe is a Texas trial lawyer who handles non-compete and trade secret litigation. His firm Fleckman & McGlynn, PLLC has offices in Austin, Houston, and The Woodlands.

Rumors that he recently injured himself attempting to clean and jerk his own body weight are exaggerated.

The Five Goal-Setting Mistakes You Must Avoid in 2017

The Five Goal-Setting Mistakes You Must Avoid in 2017

Confessions of a Recovering “Goal-aholic”

“What are your New Year’s resolutions?” When I hear that question, I want to say, “I don’t make New Year’s resolutions, I just set goals.” That would ring true, but it would also make me sound like kind of a jerk.

Better to quote a gentleman who was most definitely not a jerk, but highly successful. Tom Landry was the “Dean of NFL Coaches” in his day. He had a record-setting 20 consecutive winning seasons and took his team to five Super Bowls. He said this: “Setting a goal is not the main thing. It is deciding how you will go about achieving it and staying with that plan.”

I can’t improve much on that goal-setting advice. You can Google all kinds of material explaining why setting specific written goals is generally a good thing. Breaking down the goals into specific action items on a monthly, weekly, and even daily basis is even better.

But I will be the first to admit that setting annual goals and making specific plans to achieve them doesn’t always go the way you planned. It can leave you feeling discouraged when you repeatedly fail to meet the goals you so painstakingly outlined.

I should know. I’ve been there. You might even say I’m a recovering “goal-aholic.”

At one time I was almost obsessive about keeping detailed goal spreadsheets broken down by category, month, and week. It didn’t really work out. Too many times, my frazzled self would just put off that week’s goals to the next week, or just ignore them. At one point I got frustrated enough that I just stopped bothering with the written goals entirely.

But my goal-setting mistakes can be your goal-setting lessons. Here are my top five goal-setting mistakes and what you can learn from them.

1. Setting too many goals

Specific, measurable goals are usually better than general goals. So, rather than making it a goal to “get in better shape this year” you might make it a goal to “do 15 pull-ups in a row,” “run a mile under 8 minutes,” etc. You might even break these down into smaller goals, like “do 10 pull-ups by April 1,” etc.

healthy-person-woman-sport
When you set too many goals, you lose focus

But when you make too many specific goals, you lose focus. I got to the point where I had so many different goals in different categories that it diluted my mental focus too much. I got burned out on the goal setting and tossed the whole list.

Now, for 2017, I’m rebuilding with a more focused list. Experts say don’t weigh down your list with goals you don’t really care about. My own list is still longer than any sane human being should have, but I have tried to eliminate anything unnecessary or unrealistic.

2. Setting goals that are really just things you have to do or like to do

Speaking of unnecessarily cluttering your goal list, I realized that one problem with my goal-setting was that many of the goals I would routinely check off as accomplished were just things I either had to do or liked to do.

For example, I like exercising. It’s actually fun for me. (Don’t hate me, there are probably productive things you like to do that I don’t like.) So making a goal like “do CrossFit five times a week” is not that helpful for me. It’s something I’m going to do anyway.

There are other things I don’t necessarily like to do but must do whether I like them or not. For example, “respond to all discovery requests on time” is certainly a good practice for a lawyer who handles litigation, but it’s not the kind of thing that belongs on a list of goals. I know that one way or another, I’m not going to miss a deadline like that.

So get rid of things on your goal list that are just things you like to do anyway, or that you already know you have to do. Because the main point of your goals is to help you stretch to do things you wouldn’t naturally do. To get out of your “comfort zone,” as they say.

3. Setting goals that are not realistic

While I have sometimes gone wrong by padding my goal list with tasks I know I’m going to accomplish anyway, I have also made the common mistake of setting unrealistic goals.

It’s easy to do this, especially with self-help gurus telling you to dream big, shoot for the stars, etc. The idea is that you need something grand to inspire and motivate yourself. Don’t get me wrong. I like the idea of setting a bold, audacious goal as much as the next guy. But the hard reality is that there is a big difference between a dream and a goal.

virtual-reality
Don’t ignore reality when setting your goals

You want to set a goal that is difficult enough to require some striving, like “invent the flex defense.” But you don’t want it so unrealistic that it becomes a joke, like “securing the border” or “winning the war on drugs” in politics. If your football team’s record was 1-15 this year, setting a goal of winning the Super Bowl next year is probably not productive. How about setting a goal to have a winning season next year? Still difficult, but not impossible.

So go ahead, hold on tight to your dream. But don’t confuse your dream with your goals. Look at your goals as the building blocks for achieving your dream.

And don’t beat yourself up when you don’t meet every goal. I bet you performed better than if you had set no goals at all.

4. Not setting aside time to work on your goals

So many times I would come to the end of the week or month and find I had neglected many of my goals. The problem was that I did not set aside time to work on those goals. This mistake is the most obvious, but also the most common. Like that song says, “the hardest to learn was the least complicated.”

I like my advice of setting goals that are not things you already have to do, but one downside of this approach is that it allows you to procrastinate. If your goals are discretionary—if they are things you are not required to do—then it will be easier to put them off when you get busy. And you will always be busy with something.

Achieving goals takes work, and work takes time. If you don’t set aside time to work on your goals this week, you will probably put them off until next week. And then next month. And so on.

So take some time each week to review your goals, and block out time on your calendar to work on them. Simple, right?

5. Setting goals that are largely out of your control (?)

This one has a question mark by it because I’m still on the fence. But I’m leaning to one side.

A perennial goal-setting dilemma is whether to include goals that you can’t really control, or to stick to the things that, even if they are difficult, are largely under your control.

I say “largely,” because God has a way of reminding you that nothing is totally under your control. Like John Lennon sang, “life is what happens to you while you’re busy making other plans.”

I got this reminder big time in 2016 when I was briefly hospitalized (it turned out fine). Sometimes people have to take time away from work to care for a sick child, or an aging parent. They get laid off. Someone accidentally trips you as you were about to cross the finish line and qualify for the Olympics. Your B-17 bomber runs out of fuel over occupied France. Stuff happens.

video-game-controller
Focus on goals you can control

But most of the time you can set goals, even ambitious ones, that are largely under your control. If I set a goal to “do a blog post on Five Minute Law once a week in 2017,” it may be a lot of work, and it may be difficult, but barring a major crisis it’s an action I can control. On the other hand, if I set a goal to “get a new client every quarter in 2017,” there is a lot I can do to make that result more likely, but I really can’t control it.

Similarly, if my goal is “exercise three times a week,” I can usually control that, but if my goal is “do 10 handstand push-ups in a row by the end of the year,” that’s harder to control. Genetics and age may limit my results no matter how hard I work.

It comes down to the difference between process goals and results goals. The process is largely under my control. The results? Not so much.

So I say focus on the process, and the results will tend to take care of themselves. Smarter people who have actually researched this stuff agree with me (see Big Goals Can Backfire).

But that question mark still lingers. If I don’t pay attention to results, how will I know if my process is working? If I don’t set some results goals, what is my motivation to do the hard work to meet the process goals week in and week out? So maybe a few result goals are ok. I don’t know. I wish I could ask Coach Landry.

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Zach Wolfe (zwolfe@fleckman.com) is a Texas trial lawyer who handles non-compete and trade secret litigation. His firm Fleckman & McGlynn, PLLC has offices in Houston, Austin, and The Woodlands. His long-term goal is to play the lead role in a production of “Hamilton.” Or maybe that’s more of a dream.