Why some people take pride in the fact their Facebook profile emulates an episode of Tosh.0 is beyond me. (I am not saying that I don’t watch the show and laugh hysterically. But, simultaneously, I do wonder why people put some of this stuff up on the Internet for the entire world to see.)

While Facebook has been in the news recently for its upcoming IPO, another story, about Facebook privacy, caught my attention on the radio as I was brushing my teeth this morning. Apparently, Facebook is still working on deleting photos from its servers in a timely manner nearly three years after the issue was brought to Facebook’s attention.

Have you ever deleted a horrific photo on Facebook that was posted by a “friend?” Well, you may not have really deleted it. Photos “deleted” from Facebook seemingly never go away if you have a direct link to the image file on Facebook’s servers. Just imagine the joy felt by those individuals who had the common sense or foresight to delete photos because they didn’t want retaliation from an employer, wanted to avoid family drama or uploaded a photo of a friend without permission, to name a few reasons, when they discovered the photo would remain accessible for an indefinite amount of time as long as someone had a direct link to the .jpg file in question.

A few months ago, I had to research the discoverability of information and data on a Facebook (or other social media) account and profile. From the limited guidance published by a few jurisdictions, it seems that a party would likely succeed in requesting Facebook information and data during the discovery process. The court’s interpretation of federal Rule 26(b)(2)(c) allows for an extremely broad scope of relevancy.

While Maryland courts have not ruled on this broad scope of relevancy as it pertains to social media discoverability pursuant to Rule 26(b)(2)(c), it has ruled on its reliability and authentication. In April 2011, the Maryland Court of Appeals reversed the conviction of Antoine Griffin, which was based on evidence gathered from a MySpace profile of Griffin’s girlfriend. The Court of Special Appeals had ruled the police officer proffered by the state as an authenticating witness was sufficient to authenticate the MySpace profile printout. (A law professor from Chicago gave a great summary of this case on his blog and I will highlight some points here.)

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I ran across a thought-provoking article a few weeks ago: “High-achieving women need more than a bubble bath.” By “high-achieving” women, the article means women who are accomplishment-focused and achievement-oriented— yes, that includes you, my fellow attorneys!

Actually, I found the article — as well as the book on which it was based — to be eerily accurate, as did a few friends of mine.

The article refreshingly recognized the traits of “high-achieving” women are much the same as those found in “high-achieving” men. The difference is in the assumptions that tend to underlie women’s thought processes. Assumptions such as “I have to prove myself to everyone,” “I can’t relax until I finish what I have to do,” and “I should be able to manage it all and accomplish it all without feeling stressed or tired.”

Now, I’m not sure that I would agree that these assumptions are uniquely held by women. I think the assumptions are fairly commonplace in the legal field where, as one article states, “My boss wants innovation as long as it’s done perfectly the first time.”

But I do agree the stress invoked by operating under these assumptions cannot be solved — at least not in the long-term — with bubble baths or vacations.

It makes sense that it isn’t as much about getting rid of the stress; it is about building “stress resilience.” Don’t try to make everything balance perfectly — it is more of a constant give and take, a juggling act, if you will.

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It’s that time of year, when the holidays are over and reality sets in. Back to the grind. I find myself busier than I can remember in years past, although I’m sure that is not the case. I probably made the same statement this time last year, and the year before that, and the year before that…

While there is a lot of advice I could dole out regarding a busy season (deep breaths, make time for exercise, stay organized, etc.), the most critical lesson I have learned is to make a list. Prioritize your “to do’s” in order of deadlines and time demands. Take one item at a time and literally block out everything else from your brain but the item you’re working on (to the extent possible). I call this the “Sticking My Head in the Sand” approach.

I find that I when I run through the list in my brain of all of the things I need to do, I immediately become overwhelmed, the doom and gloom sets in and I am convinced that I’ll never get through this. Yet, each time, I do get through it, thanks to making my list and focusing on one item at a time. It’s a systematic approach to the chaos that also helps keep my stress levels in check.

Start the day by attacking first the thing you want to do the least. The thing I want to do the least is usually the most burdensome and overwhelming. If I attack that thing first thing in the morning, the rest of the day or week does not seem so daunting.

Remember that your workload is going to wax and wane throughout your career. I would never say that I’m ever “not busy,” but certainly some times are more manageable than others.

It is easy to miss the forest for the trees when you’re overwhelmed with “to do’s” and to convince yourself that you’re never going to dig out. You will, one “to do” at a time.

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Back in November, my fellow blogger Cara wrote about how young lawyers tackle the decision of going to work when they are knocked over with a cold or the flu.

She, like many of us, showed up to work due to the guilt and stress of leaving work on your desk or placing the burden on someone else in the office to pick up your slack. At the same time, I cannot count the number of times a co-worker has shown up to the office sick and BAM, I was sick just a few days later.

I, myself, fell victim to the flu last week and, for the first time since starting my job in November 2009, had to spend an entire week home sick. Despite the raging fever and having only the ability to either sleep or shuffle slowly from the sofa to my bedroom, the guilt from not being in the office invaded my dreams and turned them into nightmares. (Tossing and turning from nightmares of being fired is not a great way to try and recover from the flu.)

My office does not assign a set number of sick days, personal days or vacation days. They are granted through the discretion of our supervisors and our own judgment based on our hours. While the policy’s flexibility sounds great, it is simultaneously maddening because, as a junior associate, you frequently do not know what to do. I find myself stuck in an involuntary competition with other junior associates as to how few days I am away from the office.

What are your thoughts? Does your office provide you with a set number of sick days, personal days and vacation days? If so, how do they distinguish between the types of “days off” and how many are you allotted? Do you subscribe to the philosophy of “presenteeism,” or do you shield your co-workers from your germs by staying at home? With the advent of teleworking and technology, shouldn’t people just work remotely to protect their peers?

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Following up on John Cord’s post about how to get a job, I’d like to pose a question to readers who have already completed the seven (not always easy) steps to get a job: what led you to choose (and I use that term loosely) your job?

Did you decide to become a lawyer first and then choose what practice area you would like to pursue, or did you have a general idea of what exactly you wanted to do from the beginning?

People get jobs for all different reasons: because they know someone close to them in the field; they realized they were good at it; they were recruited into it; they worked their way up from a first job; or they just fell into it. I’m wondering how many of us young lawyers out there are in the job we set out to get, or if we are even setting out to get the position of our dreams anymore.

After three-to-four years of trials and tribulations and — in some cases –  hundreds of thousands of dollars of debt, are many of us settling for whatever position we can get, or is the problem that many of us never had a clear idea of what we wanted in the first place?

How many people are going to law school just because they like the idea of pulling their lawyer card? (Which, as we’ve seen in past blog entries and news stories, doesn’t normally work.)

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It’s that time of year again. You’ve made your personal New Year’s resolutions. But now, it is time to set some professional resolutions.

I’m talking about career development goals. You may be required to develop or update a career development plan as part of your firm’s evaluation process. Some are part of a formal program, while others are less structured. If you are not required to do so, you should take the time to do it yourself.

What is a career development plan? In simple terms, it’s a collection of your own goals that you can use to keep yourself on track. It is something concrete you can look back at over the course of the year to make sure you are moving in the right direction. It will let you evaluate each new opportunity that comes your way and will help you determine whether taking the opportunity will move you toward your goals or will infringe on the time and energy that you need to achieve your goals.

For example, your career development plan should “address what you want to accomplish, what you are going to do, and how you are going to do it.”  Your goals should be realistic and include a plan for addressing your current circumstances, including any deficiencies or limitations that you face. Your plan for reaching those goals should include a specific time frame in which you want to achieve your goal and each step toward your goal. It should include both short-term (today through the next five years) and long-term (five to ten-or-more years out) goals.

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