What Law Practice Has Become by Arlene Battis

//What Law Practice Has Become by Arlene Battis

What Law Practice Has Become by Arlene Battis

The recent news of Sidley’s Los Angeles partner Gabriel MacConaill’s death reminded me of a similar tragedy that occurred in Washington, DC in 2009.  MacConaill, a 42 year old bankruptcy and restructuring expert, died in October of this year from a self-inflicted gunshot wound in his office’s parking garage.  Shortly following his death, his wife, attorney Joanna Litt, penned a heartbreaking critique, “Big Law Killed My Husband” (November 12), which made me reflect upon an equally devastating event which occurred nine years ago.

 
In 2009, working in Washington, DC as a legal recruiter during the economic downturn, many national firms, for whom I provided placement services, were facing tough personnel decisions and downsizing in order to weather the effects of the recession.  During this period, Mark Levy was counsel at Kilpatrick Stockton (now Kilpatrick Townsend), and leader of the firm’s Supreme Court appellate practice.  He was an icon in appellate litigation, as well as a friend to many among the Washington political elite, including Yale classmate Hillary Clinton.  Then one morning, Levy drove to his downtown office and fatally shot himself.  His colleagues, family, and friends were horrified and shocked.
 
Days before his death, Levy became one of twenty-four attorneys terminated from Kilpatrick’s 500 attorney firm.  Lay-offs and partner de-equitizations constantly made legal news during this tenuous time.  However, the departure of this small group of attorneys might have gone unnoticed but for Levy’s death.  In a civilized legal culture, an attorney of Levy’s stature might have been offered the use of an office and several weeks of notice in order to relocate his practice.  No such courtesy was extended to Mark Levy.
 
In my twenty-five years as a professional legal recruiter, I have seen the very best of law firms. Much time and effort goes into developing strategic plans for growth and profit.  In today’s robust economy, firms strive to attract, embrace, and retain top quality legal talent.  Firms seek out the “rainmakers,” those attorneys who can bring a solid client base, and who are comfortable conducting business development.  Moreover, there have been changes in legal technology to improve efficiency in the delivery of legal services, allowing law firms to be more nimble and value oriented in serving their clients.  
 
Sadly, performance pressures upon attorneys are worse than ever.  The quality of life for attorneys has declined.  Management stresses, colleague conflicts, and client demands have created an environment leading to  higher incidents of drug and alcohol addiction, depression, and suicides greater than the general population.  Although law firms have made strides in embracing gender equality; parental leave guidelines; and attractive compensation packages; acknowledging serious mental health issues has not been considered a priority.
 
Nine years have passed between Mark Levy and Gabriel MacConaill’s deaths.  According to MacConaill’s wife, a series of mishaps on the part of Sidley demonstrated the firm’s lack of resources or support.  His struggle to deal with the disintegration of his practice group, and unattainable quest for perfection, resulted in a losing battle with his own personal demons.
 
As the end of the year approaches, I encourage law firms to commit to making mental health a priority. Resources should be available and include: lawyer assistance programs; counseling; and extended leave for participation in recovery programs.  
 
In writing about Mark Levy’s death, Richard Schmitt quoted one of Levy’s classmates who pondered, “If someone like him cannot prosper in law practice, you wonder what law practice has become.” —a kinder, more compassionate profession is what we should all hope to see.  
2018-12-13T18:59:46-08:00