Friday, October 2, 2015

The Irrelevance of Fairness: A Step-by-Step Guide to Exiting Shit’s Creek



Over the course of my life, I’ve weathered a lot of crises (mine and those of other people). As a lawyer, crisis is a fundamental part of my life. It’s why people call me in the first place. As I’ve waded through all those crisis situations, I’ve noticed some pretty common inefficient behaviors people (read: me) do that don’t help.

I bring them up here on the far outside chance you may do some of the same things.
Today’s thesis is pretty simple:

When you find yourself in shit’s creek, abandon all thoughts of fairness. Instead, focus on the fact that you are literally standing in a creek of shit, and start coming up with ways to get out.

See that branch over there? How about that root? Could you climb up that slope? As disgusting as this metaphor is, it is a good one. The terrain and how you use it are relevant to getting out of this proverbial creek. What are your capabilities? What assets do you have? Start assessing these and how you might use them, and you are now on your way out of shit’s creek.

Want to know what’s not relevant to the exodus? Fairness.

Does it matter why you ended up in this creek of shit? Not in the short term. At the very least, not until you get out. Does it matter that other people, perhaps even more deserving people, are not in this creek? No. Meditate on that as hard as you want, and you will still find yourself immersed to the waist in shit.

Only through action can you possibly be saved. Only through well-reasoned and realistic action will you probably be saved.

How do you get to such well-reasoned and realistic action? Here are my steps:

1.     Admit you are in shit’s creek: I know, this sounds obvious. But seriously, denial isn’t just a river in Egypt. It’s a freaking force if nature that has powerful effects anywhere there happens to be a human being. I can’t tell you how many people I have seen whose primary coping strategy to being in a crisis seems to be doing utterly spectacular mental yoga to convince themselves that they are not in a crisis. (I’ve had a guy looking at his fourth DUI swear to me that he doesn’t have a drinking problem.) You cannot get out of the crisis until you say to yourself, “I am totally screwed by [insert problem]. Now what can I do about it?”

2.     Carefully examine the creek: Now that you admitted there is a problem, you are just getting started. The problem needs a name. Or names. (It might be an interrelated system of things.) Go through it carefully, doing your best not to cloud your vision with fear or denial. Look fully in the face of whatever is causing you problems. I recommend literally sitting down and writing down a list of everything. That way, it goes from an amorphous maelstrom in your mind to a manageable list on paper.

3.     Find your ultimate exit point: Look at the terrain around you. Somewhere, somehow, there is a way out of the creek. In terms of your problems, this is what I would call the “big solution.” You can usually quickly spot big solutions because they can be described in one short phrase. Examples: Get out of debt, fix my marriage, get my health under control. In terms of creek-exit, it is looking at that spot out of the creek where you’d like to end up. Until you know where this spot is, you cannot plan. You can only flail around and hope to get lucky. With Murphy’s Law being what it is, you probably won’t.

4.     Check for other creek occupants: There’s a chance you may not be standing in the creek alone. You’d be amazed how often standing in shit’s creek is a group participation sport. Be grateful for this. You are the sum total of your ideas, your capabilities, and your resources. So is everyone else in the creek. Together, you are more than that. Given that you have a common interest (creek exit), you’ll already have something to talk about. Make introductions, describe the problem (“we’re in shit’s creek”), and commiserate briefly (“I hate this creek”) because going on a long diatribe while standing in human refuse is not a good idea.

5.     Survey your assets: Look at your ideas, capabilities, and resources. Count your companions and their ideas, capabilities, and resources as part of your own. Survey the territory you are standing on for those distinct features you might use. In terms of crisis management, this means that you should force yourself to list these out as well. Peoples’ fear about outcomes often makes them blind to the assets at their disposal. Making a list engages your logical mind and helps counteract this effect.

Make sure the other creek occupants can see the list, because your known assets are limited by your perception. You may have some available to you that others can see.

Also, if you see someone laying on the bank with his chest heaving as if he just got out, work up the courage to ask that guy. Being in shit’s creek (or any crisis) is a harrowing experience, and survivors usually do want to give hints to people still climbing out. There’s absolutely no reason to “re-invent the wheel” if other people have come up with perfectly effective methods.

It does not matter what your problem is. Here in the information age, there is simply no excuse for getting on a computer / to a library / on a help-line / etc. to figure out how others have exited the creek you are standing in. It is overwhelmingly likely that you are not a special snowflake and others have triumphed over your creek.

6.     Think: Now that you know your assets, figure out how to use them intelligently and make a plan. And remember, without specifics a plan is just a wish. “I’m going to grab this root, pull myself up onto that ledge, and then wedge my foot onto that rock.” What you need is a list of specific actions, one following the other, that continue until you reach your goal.

If you find yourself coming up with an en masse creek exit, specifically chart down what is going to be done, who is going to do it, and when? If you cannot answer all these questions, all you have is a dressed up wish.

Unless you maintain a condo in a lamp and have pointed shoes, you cannot wish yourself out of shit’s creek.

7.     Execute the plan: Now you are at the stage where you are actually progressing towards your goal. It is important that you execute the plan. If you do something other than the plan, or do the plan half-assed, do not delude yourself into thinking, “This plan isn’t working.” It’s you who isn’t working, not the plan. Do not confuse lack of diligence with poor planning. Those are two separate animals.

Now go.

8.     Stop to think more (if not already out): Sometimes it isn’t shit’s creek. It’s more like shit’s gorge. Climbing out is an involved process. In such a process, a few things will be necessary.

One thing is rest. Pushing yourself to exhaustion and then collapsing likely means you’ll just conk out and roll back to the bottom of the creek. Pace yourself. Realistically pace yourself. And understand that often you can’t come up with realistic pacing until you really get into the meat of the project and know exactly what you are up against. (So, to reiterate, come up with a pace. Once you get boots on the ground and know exactly how hard this will be, come up with a realistic pace. You’ll find the more creeks you exit using these methods, the more accurate your initial estimations will get. “Know theyself,” and all that jazz.)

This brings me to the other important point at this step. No plan, no matter how good, survives first contact. That “root” was actually a snake. That mild slope was slicker than a greased pig and you can’t climb it. Things you counted on are unreliable.

Instead of grieving when this happens, literally go back to step six and say to yourself, “This pretty plan I’m coming up will not survive the day. That’s totally ok. I’ll make a new one when things change.”

It also bears mentioning that if you’re in a gorge, you can’t see the whole way up. As you learn more, the plan must grow and evolve. Do whatsoever mental yoga is necessary in order to make these adjustments your internal norm, instead of an unexpected and undesired new crisis.

9.     After Action Review: Ah, you’re free at last. Now and only now is it productive to ask yourself, “How the hell did I get down there?” And the only reason it matters remotely is to answer the next question: “How can I avoid going back?”

Keep in mind that the answer to this question, too, is a plan in and of itself. So be specific. Vague promises to yourself (“I’m never gonna end up in shit’s creek again!”) are as useful as (to use my father’s colloquialism) tits on a bull. A specific plan on how to avoid it, maybe some standard operating procedures, actually ups your odds of no repeat performances.

I’ll go ahead and give you a part of any worthwhile plan for free: help other people out of the creek. This is total pay-it-forward mojo. People that were in the creek before you helped you out, so you help out the people after you. In the process of doing so, you’ll help reinforce avoiding the behaviors that got you there in the first place. (And you get the added bonus of being a good human being.)

You should also know this: there will be another creek. You will fall in it. Guaranteed or your money back. If, as a species, we line all the edges of the creeks with helpers, the occupants will get out that much faster and easier. If we all help others out of the creeks we know, we are more likely to find helping hands when we splash down in that new one.


So that’s it. I hope that helps you with whatever creek you’ve fallen into. Good luck getting out. Let me know if I can lend a hand.


-         PGS – 10/2/15

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