VMM partner Joseph Trotti, head of the firm's Litigation Department and the Matrimonial and Family Law practice, founding partner of the VMM Family InstituteSM, and key member of the Surrogacy, Adoption, and Assisted Reproduction and LGBTQ Representation practices, was published today in ABA Journal, the official peer-reviewed journal of the American Bar Association.
The article can be found online here and below.
It Takes a Lot of Workouts to Look This Mediocre! (But Exercise Makes Lawyers Better)
Joseph Trotti
Ooh, each mornin' I get up I die a little
Can barely stand on my feet
Take a look in the mirror and cry
Lord, what you do to me?
--Queen
While the title of this article may suggest it’s about vanity, it’s not. Well, for the most part.
The practice of law isn’t great for your health. I love my job, but it does take its toll, mentally and physically. Which is exactly why, no matter how busy or stressed I am—especially when I’m busy or stressed—I take the time to exercise. It balances my lawyering lifestyle, and it also makes me a better lawyer.
As a lawyer, I depend on maintaining sharp focus and paying attention to detail. Litigation in particular requires toughness, inventiveness, and occasionally charisma. I’m better at all of these when I’ve slept well, eaten healthy, and worked out. Every time I’ve worked long hours sitting in a chair, day after day, I became noticeably impaired. So carving out the time to exercise is not a liability but a professional responsibility.
This is doubly true for older attorneys. I’m in my 60s, and keeping my body moving is essential to my work performance. There are more age-related maladies and pains and annoyances to stave off, and my energy dips quickly if I’m not careful to maintain it. You can’t do your job well if your back or neck are throbbing or you can’t focus in the afternoon. Exercise is the panacea.
The physical benefits are nothing new, you’ve heard them before. A sedentary lifestyle (which for lawyers has increased exponentially with the rise of remote work and virtual hearings and depositions etc.) increases every health risk you can think of, including overweight and obesity, heart diseases, high blood pressure, high cholesterol, stroke, metabolic syndrome, type 2 diabetes, cancer, osteoporosis, falls, and depression and anxiety. Sitting all day shaves years off your lifespan. Exercise does the opposite—it provides better quality and better quantity of life.
The mental benefits of exercise, especially for lawyers, are less discussed. And I get it; we pride ourselves on our mental capacity. It’s our tool of trade. Being in shape is nice, but what does a firm abdomen have to do with professional acumen?
A recent study conducted with the ABA, the largest of its kind by far (and the inspiration for this article), found that lawyers across the US suffer from high rates of stress, anxiety, depression, problem drinking, and burnout.
Nearly 50% report high or very high work-related burnout, while about 22% report moderate to severe levels of anxiety or depression—roughly three times the national average. About 20% report moderate to severe levels of stress. More than 41% report that practicing law has been “detrimental” to their mental health.
About 42% drink at a rate that’s considered alcohol abuse—more than four times the national average. Of those, over 26% drink at levels considered alcohol dependence. Not that I don’t enjoy a good shot of bourbon every now and then, but with exercise I already have an addiction, one that’s good for me and is an effective outlet for my stress.
All these rates are lower for older attorneys, especially past 60. The study authors theorize that young lawyers face the stress of entering a rigorous profession, school debt, and lack of professional support. I suspect it also has to do with how some firms treat associates like bootcamp grunts, as well as the challenges of Gen Z acclimating to the workplace.
Not surprisingly, mental health also varies by practice. In-house and judicial attorneys report lower levels of stress, anxiety, and burnout compared to those in private practice. Litigators report the highest rates.
As a litigator as well as family law attorney, I can share from experience that regularly dealing with people at their breaking point can get to you. There are plenty of bright spots, but their stress becomes my stress, and I need the release. Hitting the gym in the morning or going on a run after work makes a huge difference.
Apparently, there’s also a magic number: 71 hours of work per week. The study found that past that, lawyers become three times more likely to suffer from moderate to severe stress. I know that’s not always feasible in our line of work, and stress is par for the course. But it’s a good reminder for partners like me, along with our attorneys and staff, as we look to ensure employee retention.
Burnout is probably the main predictor of employee attrition, and half of all lawyers report high to very high burnout. This is not only detrimental to mental health and office culture, but is a real financial burden to law offices. My firm is midsize, not Biglaw, but I can still attest to the “quiet cost” of employee turnover, whether lawyers or staff. Spending the time and money to recruit and train a new employee, not to mention any work that has to be redone or client that needs placating, is much higher than investing in their wellbeing.
To put some objective numbers on this: according to the Attorney Wellness Project, the total cost of replacing a single associate is $200K–$500K. The average total cost of replacing a third-year associate is $1M. The average attrition rate for associates is 20%. Most departures occur around the four-year mark.
I’m not claiming that exercise solves all of this. But I am saying that it helps with all of it. Some of our attorneys take a longer lunch break to hit the gym. Our paralegals have a lunchtime walking group. It makes a difference. In the second half of the day they’re not as anxious to leave the office. Their energy is higher, the mood is better. It translates into both productivity and retention.
For me, exercise is my “me time.” It’s meditation in motion. I get to ready my body and my mind for the day. Going to work high on endorphins is a great feeling, and I find it easier to focus, to remember details and problem-solve, to sit and read and type for long hours, and to be lively and engaging in front of a judge or jury.
I don’t need unhealthy amounts of coffee to power through an afternoon memo, I come home with enough energy for my family, and I sleep pretty well, which at my age makes all the difference the next day.
Like many guys, I started working out as a teen trying to build big guns to impress girls. I didn’t realize just how great the benefits of exercise are until much later in life. But I can tell you now—the ROI on my time investment has been better than anything in my portfolio.
My reflection in the mirror may not be what it used to be, but the health benefits become clearer every day. Exercise improves every aspect of my life. And it inherently makes me a better lawyer for my clients.
And now that I’ve sat down to write this, it’s time for another workout.
Joseph Trotti is a partner at Vishnick McGovern Milizio LLP, where he heads the Litigation Department and the Matrimonial and Family Law practice. He is the founding partner of the VMM Family InstituteSM and is a key member of the firm’s Surrogacy, Adoption, and Assisted Reproduction and LGBTQ Representation practices. He’s been working out since 1972 and has almost never skipped leg day.
