Guarding Your Time in the Legal Profession: Why Guarding Your Availability (and Outsourcing Your Work) Creates More Power, Freedom, and Profit

written by Annie Tyson

The Culture of Always Being Available

In law firms, there’s a hidden performance review that never makes it into HR files. It’s not about billables or case outcomes—it’s about availability. The unwritten rule: the more accessible you are, the more “loyal” you’re seen.

A partner recently bragged online that he “noticed” when one associate used 100% of their vacation time, while another “prioritized the work” by skipping PTO. The implication? Taking the time you’ve earned makes you look less dedicated.

That isn’t a performance issue. It’s a culture issue.

But here’s the paradox: associates who are always available aren’t necessarily the ones who gain power or promotions. Increasingly, research and experience suggest the opposite—those who protect their time, set boundaries, and cultivate strategic scarcity are the ones rewarded with more freedom, influence, and income.

A commenter on the post I wrote (viewed here) mentioned, "More and more I'm hearing strategic scarcity in the work place is what actually get's rewarded with freedom/power/income. I'm one-of-two who only talks to decision makers so I'm not terribly tapped into this stuff, but I wonder if there are numbers on the freedom/power/income-to-availability ratio."

While the topic isn't largely studied, here is what I did find.

What Is “Strategic Scarcity”?

Strategic scarcity is the practice of limiting your availability on purpose. Instead of answering every call, saying yes to every task, or being on standby 24/7, you create selective access.

Why does this work?

• Scarcity increases perceived value. Behavioral science shows that when something is harder to get, people assume it must be more valuable.

• Busyness signals status. Studies find that being in demand—or appearing unavailable—makes others assume you’re higher status.

• Autonomy correlates with power and performance. Those who control their schedules often perform better and are seen as leaders.

In professional hierarchies, being less available can actually make you more respected.

A Military Lesson: “Should Have Been a Shitbag”

I learned this lesson long before freelancing. When I was in the military working as a crew chief on tactical aircraft, the hardest-working people were always the ones called in at 11 p.m. to fix a jet, or stuck working through weekends.

The underperformers—the “shitbags”—were cut loose early. They weren’t trusted with critical jobs, so they didn’t get called in. Ironically, they had more free time and less stress.

I used to joke: “Should have been a shitbag.”

But the truth is, what looked like laziness was actually a form of scarcity. The underperformers weren’t stretched thin because nobody expected them to carry the load. The best workers paid for their reliability with burnout.

That dynamic shows up in law firms too. Associates who grind 80-hour weeks are the ones partners lean on “at the 11th hour.” Meanwhile, those who guard their availability often appear more in demand, more independent, and more powerful.

The Scarcity-to-Power Connection

The commenter on my PTO post put it perfectly: “More and more I’m hearing strategic scarcity in the workplace is what actually gets rewarded with freedom, power, and income.”

They wondered if there’s data on this availability-to-power ratio. And while there isn’t a tidy formula (like “10% less availability = 5% more income”), research consistently backs up the underlying mechanics:

• Scarcity as persuasion. Robert Cialdini’s work on influence shows people value things more when they’re limited. That applies to time as much as products.

• Busyness as a status symbol. Social psychology research finds that “lack of leisure” and busyness are seen as markers of importance. If you’re too available, you may look replaceable.

• Autonomy as performance. Studies link autonomy in the workplace to higher well-being and better outcomes. Autonomy is often built on selective availability.

Together, these factors explain why scarcity often translates into more freedom, power, and even income.

The Legal Industry’s Burnout Trap

Law doesn’t reward scarcity. At least, not officially.

Associates are praised for skipping vacations. Partners boast about 90-hour weeks. Clients expect instant responses at 11 p.m. Judges set deadlines without regard for weekends or holidays.

This is why attorney burnout is at crisis levels.

Surveys by the ABA and ALM confirm that stress, depression, and high turnover plague the industry. Some bar associations are even considering whether firms should earn CLE credit for letting lawyers unplug, because the profession has gotten that unhealthy.

Burnout doesn’t create better lawyers. It creates turnover, malpractice risk, and broken people.

Why Outsourcing Is Strategic Scarcity

Here’s where this connects to outsourcing.

For attorneys, the temptation is to “do it all” or push associates and paralegals to work endless hours. But just like the military “good worker vs. shitbag” paradox, that approach punishes reliability and fuels burnout.

Strategic scarcity means guarding your availability by delegating what doesn’t require your direct touch.

That’s exactly what outsourcing paralegal drafting services provides.

How Outsourcing Creates Scarcity and Value

1. Protects Your Availability: You don’t have to answer every discovery request, draft every pleading, or build every motion yourself. Outsourcing frees you to focus on client strategy and courtroom presence.

2. Signals Higher Value: When attorneys protect their availability for the highest-impact work, clients perceive them as more valuable. You’re not buried in paperwork—you’re steering the case.

3. Prevents Burnout: instead of being the “reliable associate” working weekends, you control your schedule. Your time becomes scarce—and therefore more respected.

4. Improves Profitability: Freelance paralegal support is cost-effective. You only pay for the drafting you need, when you need it. That means more margin and less overhead.

   

   
   

The Strategic Scarcity Takeaway for Lawyers

The legal profession says it rewards sacrifice, but in reality it rewards scarcity and autonomy. The attorneys who are “always on” drown. The attorneys who guard their time—by saying no, setting boundaries, and outsourcing what doesn’t need their direct hand—gain freedom, power, and often, more income.

Outsourcing drafting and paralegal services is a tool for creating that scarcity.

It’s not about slacking off. It’s about positioning yourself where your time has the most impact—strategy, advocacy, client relationships—while offloading the time-consuming but essential drafting work.

That’s not weakness. That’s leverage.

Final Word

Martyrdom isn’t a career strategy. Burnout isn’t a badge of honor.

The law will always be busy. The pile of work will always be endless. But your time and energy? Those are finite.

Whether in the military or in the courtroom, the lesson is the same: if you don’t guard your availability, the system will happily take all of it.

So make your time scarce. Outsource where you can. Protect your energy. Because at the end of the day, your value isn’t in being available 24/7—it’s in being available for what really matters.

Annie Tyson is a veteran Texas family law paralegal and the founder of Freelance Annie Paralegal Services. With over 16 years of courtroom and drafting experience, she partners with solo and boutique law firms to deliver high-quality pleadings, discovery, and litigation support. Annie’s focus is helping attorneys reclaim time, increase profit, and run their practices with less burnout and more freedom. She also creates custom deadline calculators and automation programs to increase attorney efficiency.