The State of Lawyer Well-Being Is Not Strong

The Chicken or the Egg?

Is it the experience of becoming a lawyer that increases the incidence of mental health and substance use disorders or does the legal profession attract people predisposed to such disorders? While we may not be able to answer that question definitively, we do know that two characteristics of lawyers linked to these problems are perfectionism and pessimism.

It's not surprising that law firms are full of people who are used to excelling in nearly every aspect of their lives. According to various experts, “Lawyers are taught to aim for perfection, to be aggressive and to be emotionally detached. They 'intellectualize, rationalize and displace problems on others[.]' … They don't take direction particularly well. They tend to have fairly elaborate denial mechanisms. And they tend to challenge anything they're being told.”

Perfectionism coupled with the lack of autonomy that lawyers often experience in their work can create a perfect storm for disengagement. Recovering attorney Lisa F. Smith puts it this way: “Top law firms are filled with academic overachievers who are realizing their dreams when they start work. Upon arrival, though, instead of making a brilliant argument before a judge, these young lawyers may find themselves competing with their similarly gifted peers for the privilege of proofreading documents for a high-ranking partner. If they do a great job, they may get to proofread all weekend. That's what success can look like. Failure can look much worse.”

While pessimism is a well-documented major risk factor for unhappiness and depression, studies have shown it to correlate positively with the study and practice of law. That might be okay if lawyers could find the off-switch for their pessimism once they leave the office, but of course they can't (especially since “leaving the office” is an oxymoron in the age of 24/7 connectivity). Also, pessimism combined with the adversarial nature of the profession contextualizes why lawyers experience higher rates of addiction and depression than any other profession. As a former prosecutor previously addicted to methamphetamines explains: “Being a surgeon is stressful, for instance — but not in the same way. It would be like having another surgeon across the table from you trying to undo your operation. In law, you are financially rewarded for being hostile.”

A Call to Action

The National Task Force on Lawyer Well-Being just released its report titled “The Path to Lawyer Well-Being: Practical Recommendations for Positive Change” in which it issues “A Call to Action” to enhance lawyer well-being. Some of the recommendations are described below.

Just what is meant by well-being? The World Health Organization posits a holistic model that contrasts dramatically with the medical model based on disease or dysfunction because it advances instead a proactive, preventative construct. In other words, it involves taking action before a problem arises.

So why should firms heed this call to action? A primary reason relates to the ethical and professional mandates of competency. Mental health issues and/or addiction can impair executive functioning skills, such as organization, critical thinking, memory, and attention. Indeed, more than 70% of disciplinary and malpractice claims stem from lawyers' substance abuse and/or depression. A holistic approach to well-being by definition means that firms do not wait for such problems to arise before taking action to support struggling lawyers.

Second, financial and organizational costs stemming from lawyers' impairment and/or dissatisfaction can be enormous. The Task Force Report notes that nearly half of the lawyers surveyed by Law360 reported they are likely to leave their firms within the next year. This turnover is estimated to cost larger law firms $25 million a year! Again, a proactive commitment to addressing attorney well-being is essential to avoid or minimize such problems and financial costs.

Steps Firms Can Take

Model change from the top. Firm leaders must actively engage with efforts to enhance attorney well-being; otherwise, lawyers will conclude that such efforts are tolerated so long as they don't disrupt the status quo. In other words, nothing changes. In addition to personifying the firm's commitment to supporting its lawyers, firm leaders, many of whom face these challenges themselves, stand to benefit directly.

Reduce the stigma around mental health and addiction to encourage help-seeking behavior. The most common reason lawyers give for not seeking assistance with their problems is the fear they will be sidelined or terminated. Collaborating with experts in the field to provide quality educational outreach and programming for the entire firm encourages engagement and reduces isolation. It can also be vital in helping employees recognize signs and symptoms of problems to encourage early intervention. In other words, firms must affirmatively cultivate a culture where help-seeking behavior is rewarded.

De-emphasize alcohol at social events. A culture of “work hard, play hard” predominates in many firms. Firm happy hours, raucous holiday parties, and open bar retreats all promote the message that alcohol is the primary stress-reduction tool for lawyers. Given how isolated and disengaged many lawyers feel, firms should focus on activities and outings focused topics such as on relationship building, managing stress, mindfulness meditation, phys- ical health and activity, work-life alignment, and conflict management.

Conclusion

These steps represent but a thumbnail sketch of the types of efforts firms can make to safeguard their most valuable asset: their people. The ABA and many state bars have established well-being committees. While those efforts are important and laudable, firms simply cannot outsource this commitment. Rather, they must demonstrate directly their dedication to the health and well-being of their employees. The Task Force has provided a framework for moving in that direction.

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Stacey Dougan, JD, LLM, MA, APC, NCC, is an Associate Professional Counselor at Workbest Consulting LLC in Atlanta. Previously, she was a shareholder and assistant general counsel at Greenberg Traurig LLC and the Chief Professional Officer at Powell Goldstein LLC. She is also a certified holistic health coach and certified clinical hypnotherapist.