The other day, I got
one of those ubiquitous self-help articles via e-mail. As it was from Forbes and had to do with what
makes people "mentally strong," I thought sure, why not, let's take a
look.
I generally find
these articles simplistic and repetitive.
Too much hopium and pollyanna cheerleading for my taste, but as a
Gen-Xer perhaps I am a shade cynical. To
be fair, these articles are not full-blown books, nor are they intended to
cover every circumstance, nor are the ideas not worth considering at some
level.
I was struck,
however, by how many of these recommendations for "mental strength"
echo so many of the knee-jerk criticisms of the scambloggers and other JDs who feel like
law school was a raw deal. Clearly the
message behind these articles deeply pervades the national psyche on multiple
levels, because it seems like every criticism of the scamblog movement is a
familiar laundry list of these self-same self-help articles on what it takes to
be "successful." While the
aftermath of law school was not the original subject of the author, let's look
at a few of these items through the lens of scambloggery (just replace
"mentally strong people" with "JD graduates with bar
licenses"):
1.
Waste Time Feeling Sorry for Themselves. You don’t see
mentally strong people feeling sorry for their circumstances or dwelling on the
way they’ve been mistreated. They have learned to take responsibility for their
actions and outcomes, and they have an inherent understanding of the fact that
frequently life is not fair. They are able to emerge from trying circumstances
with self-awareness and gratitude for the lessons learned. When a situation
turns out badly, they respond with phrases such as “Oh, well.” Or perhaps
simply, “Next!”
7.
Dwell on the Past. There is strength in acknowledging the past and
especially in acknowledging the things learned from past experiences—but a
mentally strong person is able to avoid miring their mental energy in past
disappointments or in fantasies of the “glory days” gone by. They invest the
majority of their energy in creating an optimal present and future.
Numbers
1 and 7 are oft-hurled criticisms by the pro-law-cartel, and they oversimplify
and minimize the run-up to the circumstances/mistreatment that transpired in
the first instance. While we can all
agree that "life is not fair," how one responds to that unfairness
matters. If you have been taken
advantage of, do you just lie down and take it and say
"whadayagonnado?" Sometimes,
maybe that is indeed the answer, but I bet for most of our readers they don't generally take things lying down. Given
the overstuffed dockets around the country, however, it appears that many people who
believe they have rights choose to assert them in many, many cases. Further, are we to just let things lie, shrug
our shoulders and move on with a smile on our faces, knowing that those who
follow us are very likely to fall into the same trap that only becomes more
damaging with each subsequent academic year?
That would be heartless.
Many
scambloggers have taken and continue to take responsibility for their actions by
working as practicing attorneys or in some full-time professional capacity,
paying their student loans, paying on their other obligations, etc.
However, this does not erase the gravitas of the situation or the
legitimate criticisms given by the survivors.
There is much more to this than "feeling sorry for oneself,"
as if all that happened was that the scambloggers didn't get a pony. This is about thousands of dollars of lost
opportunity costs and hundreds of thousands in non-dischargeable debt, all for
the privilege of later being told "Oh, sorry, we've been producing twice
as many graduates as there are available jobs for decades now, and the
employment statistics were (ahem) less than accurate. Did we not mention that? Oops!
Tee Hee! Go "network," or something."
Oh,
well! Next! I would hate to highlight these problems and have others not view me as a mentally strong person or anything. Best to just stay quiet, I guess.
6.
Fear Taking Calculated Risks. A mentally strong person is willing to
take calculated risks. This is a different thing entirely than jumping headlong
into foolish risks. But with mental strength, an individual can weigh the risks
and benefits thoroughly, and will fully assess the potential downsides and even
the worst-case scenarios before they take action.
If
I had $5 for every time I saw some yokel (many of whom never went to law school,
themselves) say "well, you should have done your research, then", I
could retire now. It is not fear of
weighing risks and benefits that lead the scambloggers to say what they
say. Ironically, it was directly because of the
willingness to take a risk and willingness to rely on the representations and rankings,
only to find out that the information relied upon was faulty to the point of being fraudulent, that many graduates now find themselves in dire circumstances. Who knew the true score all along? Dingdingding! Yes, Law Schools, thanks for playing!
While
information transparency has been improving in recent years (and the market has
responded, as evidenced by declining LSATs and law school applicants
year-over-year), there is still a long way to go to getting to the truth of student
outcomes. Those with superior
information, knowing their representations were not truthful, were certainly
keeping it close to their chests for decades while welcoming thousands of new
enrollees every year.
8.
Make the Same Mistakes Over and Over. We all know the definition of
insanity, right? It’s when we take the same actions again and again while hoping
for a different and better outcome than we’ve gotten before. A mentally strong
person accepts full responsibility for past behavior and is willing to learn
from mistakes. Research shows that the ability to be self-reflective in an
accurate and productive way is one of the greatest strengths of spectacularly
successful executives and entrepreneurs.
Agreed. This is why the scambloggers encourage others
to take another path, especially if the attorney thing just isn't working out
despite best efforts. Or better yet,
learn from the mistakes of others and don't even go to law school in the first
place. It would be insane not to temper
the rosy outcomes sold by the cartel with the in-the-trenches experiences of
actual graduates 5, 10, and 15+ years down the road (which we do right here on
OTLSS). Yet many 0Ls watch others criticise
the scambloggers as "bitter," and in turn jump off the cliff themselves because the arguments of the scambloggers are dismissed as the fevered rantings of losers. Funny, the critics are never available for comment, afterwards, once the truth hits home.
9.
Resent Other People’s Success. It takes strength of character to feel
genuine joy and excitement for other people’s success. Mentally strong people
have this ability. They don’t become jealous or resentful when others succeed
(although they may take close notes on what the individual did well). They are
willing to work hard for their own chances at success, without relying on
shortcuts.
A
strawman, at least as applied to the scambloggers. If someone succeeds on building a successful
solo practice or being a BigLaw titan of industry, then that is excellent
news! Truly! If you have the resources and connections to
pull it off, good for you! Just because
a legal career works well for a select few doesn't mean the majority should
follow the same path. And, from an
"ethical" and "professional" perspective, I believe there
is a duty to say as much, given recent and current market conditions.
10.
Give Up After Failure. Every failure is a chance to improve.
Even the greatest entrepreneurs are willing to admit that their early efforts
invariably brought many failures. Mentally strong people are willing to fail
again and again, if necessary, as long as the learning experience from every
“failure” can bring them closer to their ultimate goals.
Similar
to Number 6 above. There is nothing
wrong with failing again and again and learning from the failures (see, e.g.
the "practice" of law), so long as there is a credible, visible path
to recovery. With the increasing
non-dischargable cost, yet declining value of a JD, the initial
"failure" is hard to shake off and the road to meaningful recovery is
practically invisible.
In
the extreme cases, there is huge difference between failure that "sets you
back" and failure that can end a career.
The former requires a willingness to forgo a European vacation one year
or put off buying a new car; the latter requires E&O insurance and a big bankroll to get through the lean times.
12.
Feel the World Owes Them Anything. Particularly in the current
economy, executives and employees at every level are gaining the realization
that the world does not owe them a salary, a benefits package and a comfortable
life, regardless of their preparation and schooling. Mentally strong people enter
the world prepared to work and succeed on their merits, at every stage of the
game.
Another
strawman, as applied to the scambloggers.
No one has ever said that recent graduates are "owed" or
should be "guaranteed" a job.
No one has ever denied the value of "hard work." It is precisely because the World owes you
nothing, the fact that there are no guarantees, that the scambloggers say what they
say. In the interim, the shills float
sugarplum dreams of successful law careers and how valuable the degree is over
a lifetime, while ignoring the fact that computers get more and more
sophisticated at predictive coding and States allow more and more "legal
technicians" to do what used to be called "the practice of law,"
only now no bar license is required. Oh, and JD overproduction, too.
Let's be grimly honest, here:
"merit" is good, but pedigree and connections are better.
13. Expect Immediate Results. Whether it’s a workout plan, a
nutritional regimen, or starting a business, mentally strong people are “in it
for the long haul”. They know better than to expect immediate results. They
apply their energy and time in measured doses and they celebrate each milestone
and increment of success on the way. They have “staying power.” And they
understand that genuine changes take time. Do you have mental strength? Are
there elements on this list you need more of? With thanks to Amy Morin, I would
like to reinforce my own abilities further in each of these areas today. How
about you?
Agreed,
in principle. However, the tremendous
debt burden borne by graduates today (as compared to inflation-adjusted law
school tuition from, say, the 70s), as well as the need to earn significant income on
a percentage-basis to service said debt, greatly reduces the practical time
horizon for a reasonable ROI for many.
It's not that JDs expect immediate results, so much as they can't afford
to wait. Those without significant
backing are at a large disadvantage, and that is something that a positive, can-do
outlook does not directly address.
In
closing, let's hear it for being a "mentally strong person." Not a thing wrong with that. As concerns a legal career, however, let's
temper this with an understanding that the all-too-simplistic and dubious
criticisms of how kids these days need to "buck-up" and "get out
there" are just that: overly-simplistic and quasi-truthful. After all, the law school cartel is counting
on you to buy-in without asking too many questions.
A positive, can-do outlook, while important, is also a dime-a-dozen. What, do you honestly think that only you have a strong desire to succeed? It is both insulting and the height of arrogance to say that "all those people" over there just don't want it bad enough, and only "I" have the gumption and smarts to do what it takes to make it. Special Snowflake Syndrome, anyone?
Instead, go
be a mentally strong person someplace else, where the market is more favorable and where you might be able to enjoy the
fruits of your labor. There are too many
in the law already who are convinced that they are mentally stronger than the next guy, and the feeding frenzy is only getting worse.
