Total Work

Tired woman in front of computer

Andrew Taggart is an entrepreneur, “practical philosopher,” and prolific writer who works with creative leaders at the Banff Centre for Arts and Creativity and social entrepreneurs at Kaospilot in Denmark. In a recent article, he comments on the state of “total work,” a term coined by German philosopher Josef Pieper in his 1948 book Leisure: The Basis of Culture, which described the process by which society increasingly categorizes us as workers above all else.  Like Pieper, Taggart believes human experience derails when work is the dominant cultural norm:

“Imagine that work had taken over the world. It would be the centre around which the rest of life turned. Then all else would come to be subservient to work.

“And how, in this world of total work, would people think and sound and act?

“Everywhere they looked, they would see the pre-employed, employed, post-employed, underemployed and unemployed, and there would be no one uncounted in this census. Everywhere they would laud and love work, wishing each other the very best for a productive day, opening their eyes to tasks and closing them only to sleep.

“Everywhere an ethos of hard work would be championed as the means by which success is to be achieved, laziness being deemed the gravest sin. Everywhere among content providers, knowledge brokers, collaboration architects and heads of new divisions would be heard ceaseless chatter about workflows and deltas, about plans and benchmarks, about scaling up, monetisation and growth.

“[Work becomes total] when it is the centre around which all of human life turns; when everything else is put in its service; when leisure, festivity and play come to resemble and then become work; when there remains no further dimension to life beyond work; when humans fully believe that we were born only to work; and when other ways of life, existing before total work won out, disappear completely from cultural memory.

“Crucially, the attitude of the total worker is not grasped best in cases of overwork, but rather in the everyday way in which he is single-mindedly focused on tasks to be completed, with productivity, effectiveness and efficiency to be enhanced. How? Through the modes of effective planning, skilful prioritising and timely delegation. The total worker, in brief, is a figure of ceaseless, tensed, busied activity.”

Hmmm, sounds a lot like the practice of law…. But it’s not just lawyers, it’s everywhere. For the movers and shakers it’s build, fund, scale, execute, maximize, prioritize, manage, lead. For the rest it’s be early, stay late, be nice to callers and customers, and get through all that email — there might be something important in there. And everywhere it’s build the platform, get the clicks, likes, and follows, join the meetups and podcasts, eat healthy, buy the Peloton and the Beemer, learn a new language, take the beach vacation, drink the microbrew, subscribe to the curated monthly clothing delivery… it all counts.

There’s nothing intrinsically “bad” in all of that. I do a lot of it myself. But when everything we do is organized around trading our time and energy for reward in the marketplace, we’re going to suffer, individually and as a culture:

“To see how [total work]  causes needless human suffering, consider the illuminating phenomenology of total work as it shows up in the daily awareness of two imaginary conversation partners. There is, to begin with, constant tension, an overarching sense of pressure associated with the thought that there’s something that needs to be done, always something I’m supposed to be doing right now. As the second conversation partner puts it, there is concomitantly the looming question: Is this the best use of my time? Time, an enemy, a scarcity, reveals the agent’s limited powers of action, the pain of harrying, unanswerable opportunity costs.

“Together, thoughts of the not yet but supposed to be done, the should have been done already, the could be something more productive I should be doing, and the ever-awaiting next thing to do conspire as enemies to harass the agent who is, by default, always behind in the incomplete now… One feels guilt whenever he is not as productive as possible. Guilt, in this case, is an expression of a failure to keep up or keep on top of things, with tasks overflowing because of presumed neglect or relative idleness.

“The burden character of total work, then, is defined by ceaseless, restless, agitated activity, anxiety about the future, a sense of life being overwhelming, nagging thoughts about missed opportunities, and guilt connected to the possibility of laziness.”

In other words, total work is chronically stressful — a well-documented source of mental, physical, relational, and societal ill health. And the problem is, if we’re not already there, we’re alarmingly close:

“This world [of total work], it turns out, is not a work of science fiction; it is unmistakably close to our own.”

As a result:

“Off in corners, rumours would occasionally circulate about death or suicide from overwork, but such faintly sweet susurrus[i] would rightly be regarded as no more than local manifestations of the spirit of total work, for some even as a praiseworthy way of taking work to its logical limit in ultimate sacrifice.”

More on that coming up.

[i] I had to look up “susurrus.” It means “whispering, murmuring, or rustling.”

The Future of Law (Part 1): Beyond the Borg

Follow this link for a collection of my past three years of blog posts. It’s a FREE download!

We finished last year talking about the law profession’s cultural ethos, and how new practice models and wellness initiatives are liberating lawyers from its harmful aspects (the Legal Borg). An earlier 2014 series also looked at alternative practice models. Another considered how the law’s cultural ethos can cause stress-induced cognitive impairment and how mindfulness practice can help.

These developments may have sneaked in unnoticed, but now they’ve become the elephant in the room, and it’s time to deal with them. They’re causing a seismic shift in the profession’s ethos, and a new ethos requires a new ethic:  i.e., new standards for how to enter the profession and how to behave once you’re in it.

The ABA Journal published a piece on that very topic on New Year’s Day, entitled Does The UK Know Something We Don’t About Alternative Business Structures?  The article begins as follows:

“For two nations sharing a language and legal history, the contrast in the visions at play in the legal systems of the United States and United Kingdom is more than striking. It’s revolutionary.

“The debates in the U.S. go on: Should ethics rules blocking nonlawyer ownership of law firms be lifted? Is the current definition of unlicensed law practice harming rather than protecting clients? What about the restrictions on multidisciplinary practices?

“And those debates are by no means ending: Witness the newly created ABA Commission on the Future of Legal Services. Though ABA President William C. Hubbard does not mention ethics rule changes in the commission’s primary task of identifying the most innovative practices being used in the U.S. to deliver legal services, some of those practices have been questioned as possible ethical breaches. Meanwhile, the rules and restrictions stay in place. The situation in the United Kingdom couldn’t be more different: Such restrictions have largely been lifted, and under the Legal Services Act the creation of new ways of providing legal services—including through alternative business structures—is more than simply permitted; it is actively encouraged.”

Nonlawyer ownership of law firms, unlicensed practice, multidisciplinary practice… those are big issues. We’ll let the ABA tackle them. If you’ve been following these issues for awhile, you’ll remember the ABA did just that at their summer convention 17 years ago, and again the following year.

This blog won’t try to keep pace with the pros on that debate’s current version. We will, however, do some guessing of our own about how current trends in law practice and lawyer wellbeing might change not just lawyers and law practice, but our very stock and trade:  the law itself. A new cultural ethos in the law will do precisely that. It is already. We’re going to talk about that, and speculate about what it might look like going forward.

According to Wikipedia, futurology is an “attempt to systematically explore predictions and possibilities about the future and how they can emerge from the present.” We’re not going to be systematic here. Instead, we’ll engage in some moderately-well-informed-but-we-don’t-know-what-the-insiders-know curiosity.

Should be fun. So draw the shades and polish up your crystal ball (maybe you prefer this kind, or maybe that) and let’s take a look!