COLAP

Wellness Wednesday: Schitt$ Creek & paddles.

Michael 1 Comment

Believe it or not, there are days when I do things that don’t involve running or bar counseling.  Usually those days involve binging.  Admittedly, the objects of my binges vary.  Alas, more often than not, it’s a streaming service.

Netflix’s Schitt$ Creek  is one of my favorite binges of the pandemic.

schitts creek

For the uninitiated, it’s a Canadian sitcom that ended a six-year run in April. After dominating the awards circuit north of the border for years, Schitt$ Creek went out in a blaze of glory, winning all seven major comedy awards at this year’s Primetime Emmys.  People who went to college and law school around the same time as I did will recognize the father from American Pie, the mother from Home Alone, and the cameraman from Groundhog Day.

Highly recommend.

But what’s this got to do with wellness, surveys, and paddles?

I’m glad you asked.

In an episode of Schitt$ Creeks that I watched last night, characters who are siblings each took a “How Electric Is Your Relationship Test” that ran in a magazine  The results? Each learned that their respective romantic relationship was “in need of a generator.”  Neither was happy.

I’m here to argue that survey results can be misleading.

Earlier this year, the International Bar Association launched a project to address the wellbeing of legal professionals.  The project includes a survey on wellbeing issues, including the extent to which COVID-19 has exacerbated the impact that we know anxiety, depression, stress, and addiction have on the profession.

The survey is here.  The IBA and others associated with the attorney wellness movement are urging lawyers and legal professionals to take it.  The more data, the better.  You do not need an IBA member to participate.  I completed the survey this morning. It took 6 minutes.

The VBA’s COVID-19 Committee recently put out a similar survey. It’s here. Please take that one too!

Back to my point.

I assume the results will paint a dreary picture, with many proclaiming that the profession is up Schitt$ Creek without a paddle.  If that happens, I will channel my inner Lieutenant Commander Galloway and object.  Strenuously.  Here’s why.

For starters, let’s not pretend that the staggering rates at which behavioral health issues impact the profession are new.  It has been more than 4 years since I first blogged on the topic.  In my opinion, there will be something positive to take from data showing that the numbers have increased.

Mike, wait?  What the hell are you talking about? Worse numbers are a positive?

Yes. Because it shows that those within the profession are more willing to admit to coping with behavioral health issues.  We can’t help those who claim not to need it.  For far too long, we ran our profession in such a way as to discourage honesty on survey’s like the IBA’s.  If that has changed, it’s a positive.

For instance, since July 1, I’ve received more calls and emails from lawyers who want help than I did in my first seven years as bar counsel.  And, for the naysayers, yes, I received those calls and emails from lawyers who knew full-well that I would screen any disciplinary complaint that might be filed against them.  Maybe it’s true that the 80s were more than 30 years ago.  But I digress.

My point is this: the profession began debilitating its members long before the Hazeldon Study was released in 2016.  We just never admitted it. Rather, we compounded it by stigmatizing help-seeking behavior.  The fact that lawyers are asking for help – from bar counsel no less – is a positive.  I’d argue that, given our past, acknowledging our own behavioral health issues – even anonymously – is as well.

Take the surveys.

Which brings me to another positive.

Even destigmatized, requests for help wouldn’t come if people didn’t realize that others are willing to, you know, help.   Most importantly, we’ve made clear that we’re willing to help without reporting you to disciplinary authorities and without jeopardizing your law license and livelihood.  To stick with the theme, some of us are adrift in the water.  In the old days, the profession left us in its wake.   Now, there are many of us willing to extend a paddle to help pull others back to the boat.  That’s a positive.

So, yes. In my view, there will be positives to take from survey results that, at first blush, appear anything but encouraging.

But let me be honest. It’s not going to be all rainbows and unicorns.  We are going to need to redouble our efforts to help.  We’re all going to have to paddle.

In the early stages of the pandemic, I referred to it as “rowing the boat.”  I blogged:

I let things slide over the past several days.  Not today.

This morning, I made my bed.  I picked up the clothes that had been lying on my bedroom floor for days, folded them, and put them where they belong.  As my coffee brewed, I washed the mugs that had up in the kitchen sink.

I call this “rowing the boat.”  For me, routine helps keep my mind & spirit well.  Completing one simple task leads to another, and so on.  Next thing I know, I’ve changed my focus, been productive, and find myself one day closer to the good days that surely will return.

In rough seas, all I can do is keep rowing the boat.

I love and admire how so many of you are striving to take care of your clients and colleagues during this crisis.  Take care of your own wellness too.

Note: due to letting things slide, I haven’t shaved in 13 days.  “Rowing the boat” doesn’t include removing the pandemic beard . . . at least not yet.

Next week I’m going to post a blog aimed at those who are coping with personal issues and urge you to keep paddling.  Today I’m going to focus on a different maritime analogy.

Yesterday I interviewed a lawyer against whom a disciplinary complaint had been filed. After we finished discussing the complaint, the lawyer shared a story about how stressful the lawyer’s practice area has become since the onset of the pandemic. Then, the lawyer thanked me for blog posts that continuously “nudge” lawyers to remember things like wellness and civility.  The lawyer likened getting the profession to focus on wellness to turning a battleship.  If you aren’t aware, battleships don’t exactly turn on a dime.

It got me thinking.  To turn this ship around, we need as many as possible on board, on the same side, helping to paddle. One way to help? Take the  IBA survey and the VBA’s COVID-19 Committee survey. Answer honestly.

In closing, I suspect I’ve lost my train of thought.  I apologize.  I’ll leave you with this:

We might be up Schitt$ Creek, but we aren’t without paddles.

Additional Resources

Lawyer Wellness & Lawyer Assistance

National Task Force on Lawyer Well-Being:  The Path to Lawyer Well-Being, Practical Recommendations for Positive Change

Vermont Commission on the Well-Being of the Legal Profession: State Action Plan

American Bar Association: Law Firm Pledge & 7 point framework to reduce substance abuse disorders and mental health distress in the legal profession.

American Bar Association: ABA Well-Being Toolkit in a Nutshell

The Virginia State Bar: The Occupational Risks of the Practice Law (with tips on prevention & risk reduction)

Blog Posts

Wellness Wednesday: A Stunning Opinion.

Michael 2 Comments

Over the past few years, I’ve argued that we must do whatever it takes to destigmatize behavioral health issues. We must encourage people to seek needed help. We must ensure that doing so will not cost them their law licenses.

Last Friday, a federal judge issued a decision in a case involving a challenge to questions that the Kentucky Bar asks of applicants about their behavioral health.  The opinion is here.  The ABA Journal and Volokh Conspiracy reported it.

I don’t know that I’ve ever read a more scathing opinion.  It makes my point, albeit in a manner more forcefully than I have ever argued.  I imagine many will criticize the tone and analysis, but there’s no denying the message: no lawyer or law student should have to choose between help and licensure.

I suggest reading it.  For an appetizer, the final paragraphs:

“Law school is hard. The stress, rigor, and competition can lead to depression, anxiety, and substance abuse. Many students who start school healthy are far from it by the time they graduate. Some kill themselves.

Aspiring lawyers should seek the health care they need. But if Kentucky continues to punish people who get help, many won’t. And one day, a law student will die after choosing self-help over medical care because he worried a Character and Fitness Committee would use that medical treatment against him—as Kentucky’s did against Jane Doe.

It is not a matter of if, but when.”

wellness

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Wellness Wednesday: Finding the Starting Line.

Michael 1 Comment

I’ve been blogging and speaking about attorney wellness for years. A smattering of the posts appears at the end of this column.

wellness

Initially, there was resistance.  Thankfully, we’ve reached a point where most lawyers recognize and accept that wellness is an aspect of competence. Indeed, last summer – a time that feels decades ago – the Vermont Supreme Court adopted Comment 9 to V.R.Pr.C. 1.1:

  • “[9] A lawyer’s mental, emotional, and physical well-being may impact the lawyer’s ability to represent clients and to make responsible choices in the practice of law. Maintaining the mental, emotional, and physical well-being necessary for the representation of a client is an important aspect of maintaining competence to practice law.”

Then, on February 10 of this year – a time that feels longer ago than last summer – the Court abrogated and replaced the Rules for Mandatory Continuing Legal Education.  Among other things, the new rules require lawyers to obtain at least 1 hour Wellness CLE per reporting cycle.

A question that’s not uncommon: “Mike, where do I start?”

An answer that tempts me: “Damned if I know. But once you find out, share! I could use a good starting point!”

I’d say I’m half-kidding . . .

Actually, there are resources. For instance, I’ve long been a fan of both the ABA Well-Being Toolkit for Lawyers & Legal Employers and the ABA Well-Being Toolkit in a Nutshell.  Then, last week, the ABA Journal posted 10 Steps to identify irrational resistance to self-care.  It’s by Rosario Lozada.

I think it’s a great place to start.  Mainly because Professor Lozada points out that the starting line might not be where we think it is.  That is, self-care doesn’t necessarily begin with self-care. Rather, the beginning is to identify whether – and why – we’re reluctant or resistant to starting.

Professor Lozada shares 10 tips to identify the status of our own relationship with self-care.  The tips are not designed to “fix” anything.  Rather:

“For now, see whether you can appreciate yourself for taking these precious moments to open up to your needs and to care for yourself.

“And the next time you pull up your calendar or another to-do list, add a specific self-care duty. Pick an activity that renews and energizes you; make it a recurring, high-priority event. You may have just engaged in a courageous act of ‘self-preservation.’”

I wish each of us the courage to help ourselves

Other Wellness Wednesday Posts

 

Well-Being Is An Aspect Of Competence

Michael

Two years ago, the National Task Force on Lawyer Well Being published The Path to Lawyer Well-Being: Practical Recommendations for Positive Change.  The report issued in response to two studies that revealed alarming statistics with respect to the well-being of the legal profession.

In their letter introducing the report, the Task Force’s co-chairs noted the report’s “five central themes:

  1. identifying stakeholders and the role each of us can play in reducing the level of toxicity in our profession,
  2. eliminating the stigma associated with helpseeking behaviors,
  3. emphasizing that well-being is an indispensable part of a lawyer’s duty of competence,
  4. educating lawyers, judges, and law students on lawyer well-being issues, and
  5. taking small, incremental steps to change how law is practiced and how lawyers are regulated to instill greater well-being in the profession.”

Among other proposals aimed at furthering the third (bolded) theme, the report recommended modifying the Rules of Professional Conduct “to endorse well-being as part of a lawyer’s duty of competence.”

The Vermont Supreme Court has done exactly that.

Yesterday, the Court promulgated an amendment to Comment [9] to Rule 1.1.  The new comment reads:

  • “[9] A lawyer’s mental, emotional, and physical well-being may impact the lawyer’s ability to represent clients and to make responsible choices in the practice of law. Maintaining the mental, emotional, and physical well-being necessary for the representation of a client is an important aspect of maintaining competence to practice law.”

Two questions jump to mind: what is well-being and how does a legal professional maintain it?

As to the former, the Task Force wrote:

  • “We define lawyer well-being as a continuous process whereby lawyers seek to thrive in each of the following areas: emotional health, occupational pursuits, creative or intellectual endeavors, sense of spirituality or greater purpose in life, physical health, and social connections with others. Lawyer well-being is part of a lawyer’s ethical duty of competence. It includes lawyers’ ability to make healthy, positive work/life choices to assure not only a quality of life within their families and communities, but also to help them make responsible decisions for their clients. It includes maintaining their own long-term well-being. This definition highlights that complete health is not defined solely by the absence of illness; it includes a positive state of wellness.”

In addition, the Task Force noted that:

  • “The concept of well-being in social science research is multi-dimensional and includes, for example, engagement in interesting activities, having close relationships and a sense of belonging, developing confidence through mastery, achieving goals that matter to us, meaning and purpose, a sense of autonomy and control, self-acceptance, and personal growth. This multi-dimensional approach underscores that a positive state of well-being is not synonymous with feeling happy or experiencing positive emotions. It is much broader.”

Finally, the Task Force explained that it:

  • “chose the term ‘well-being’ based on the view that the terms ‘health’ or ‘wellness’ connote only physical health or the absence of illness. Our definition of ‘lawyer well-being’ embraces the multi-dimensional concept of mental health and the importance of context to complete health.”

With the definition in mind, how does a legal professional maintain well-being?  It strikes me that the answer depends on the individual. A place for everyone to start, however, is the ABA’s Well-Being Toolkit for Lawyers and Legal Employers.  Its 99 pages are chock full o’ helpful tips and guidance.

I can hear you now:

  • “Ummm, what’s that you say Mike? 99 pages? I don’t have that much time to work on my well-being!”

Fear not!  Besides the full toolkit, and perhaps with my law school career in mind, the ABA also created the Well-Being Toolkit Nutshell: 80 Tips For Lawyer Thriving.  It’s only 2 pages.  No excuses!

Well-being is important.  Take the time to understand what it is, how to achieve it, and how to maintain it.  As you do, try not to get caught up in “I’m only doing this because the new comment says I should.”  Rather, get caught up in the first of the Well-Being Nutshell’s 3 reasons to care about well-being:

“It’s the right thing to do.”

 

Image result for images of lawyer well-being

 

 

Wellness Wednesday: Risk & Response

Michael

I’ve been blogging & speaking about wellness since March 2016.  Over time, the tide has turned.  Early skepticism and resistance has given way to widespread acceptance that wellness must be addressed, and even wider enthusiasm in providing solutions.

The various responses to the wellness crisis flow from this 2017 report from the National Task Force on Lawyer Well-Being.  Among other things, the report urged state supreme courts to create commissions to study & make recommendations on how the profession’s various stakeholders could act to improve wellness.

Under the leadership of Chief Justice Reiber and the Supreme Court, Vermont did exactly that.

Late last year, the Vermont Commission on the Well-Being of the Legal Profession issued a State Action Plan. The plan outlines the proactive measures that the stakeholders in Vermont’s legal community will take to improve the profession’s health and well-being.  To my knowledge, following the report & recommendation from the National Task Force, Vermont was the first state to issue an action plan.

Interestingly, while the profession has accepted and started to address the problem, nobody has looked critically at the “why?”  Why do legal professionals suffer from behavioral health problems at such staggering rates?  What is it that puts us at risk?

Until now.

Last month, the Virginia State Bar’s Special Committee on Lawyer Well-Being issued The Occupational Risks of the Practice of Law.  Professor Alberto Bernabe blogged about it here.  The report identifies four categories of risk, then dives deeper within each:

You don’t have to read the entire report.  Pages 2-11 include an accessible and hepful matrix that, for each risk, sets out its (1) potential effects; (2) practice pointers for individuals; and (3) practice pointers for organizations.

For example, lately, I’ve blogged and spoken often on the connection between incivility and wellness.  Here’s what the report from the Virginia State Bar says about the occupational risks associated with the adversarial nature of our work:

More Risk

 

Good stuff.  The matrix does the same for each risk factor. Give it a read.  Again, it’s here.

After all, it only makes sense that the most effective response will come from understanding the risk.

Wellness

 

Wellness v. Well-Being

Michael 1 Comment

It’s Wellness Wednesday!  Or, better yet, it’s Well-Being Wednesday.

At tomorrow’s Mid-Year Meeting of the Vermont Bar Association, I’m presenting a CLE that will include a discussion of attorney wellness.  The seminar will open with a look at the recommendations made by Vermont Commission on the Well-Being of the Legal Profession in its State Action Plan.

The Commission grew out of a report from the National Task Force on Lawyer Well-Being: The Path to Well-Being: Practical Recommendations for Positive Change , a report, in turn, that grew out of the ABA/Hazelden study that found ““substantial and widespread levels of problem drinking and other behavioral health problems in the U.S. legal profession.”  You can read more about the Hazelden study here.

In short, the study showed that the profession isn’t well. It suffers from a behavioral health problem.  That’s wellness, or more to the point for the profession, a lack thereof.

Well-being is different.  To oversimply, I view it as the proactive steps we take to stay healthy & happy. While funding a Lawyers Assistance Program that will help lawyers who are facing serious health issues is important, so is well-being.  As they say, an apple a day.

Here’s a great example.

On Monday, an attorney called me with an ethics inquiry.  I’m all about mixing business with pleasure, so we also chatted about basketball.  Specifically, tomorrow’s UVM v. Florida State game in the opening round of the NCAA tournament.  Tip-off is at 2:00 PM in Hartford, CT.

Vermont

The attorney told me that she’s going.  She’s taking her son.  When he initially asked, the attorney’s reaction was something like “I can’t miss a day of work.”  But, then, the attorney said to herself “yes, I can.  This is exactly why I work for myself.”

That’s well-being.

As I’ve blogged, make time for what matters.  Family time matters.

Go Cats Go!

For more great ideas on well-being and how to make it part of your office culture, check out the ABA’s Well-Being Toolkit Nutshell: 80 Tips for Lawyer Thriving.  It’s a cool little flier that is chock full o’ tips and links to other resources.  Also, if you work in a firm, consider the ABA’s Well-Being Pledge. The list of signatories grows by the day.

 

 

 

Wellness Wednesday: an action plan

Michael 3 Comments

On March 3, 2016, I posted my first blog on attorney wellness: Lawyers Helping Lawyers.  Since, I’ve raised the issue as often as possible on this blog and at continuing legal education seminars.  Today, I’m pleased to report that the Vermont Commission on the Well-Being of the Legal Profession recently issued its State Action Plan.

The Vermont Supreme Court created the Commission in response to a report from the National Task Force on Lawyer Well-Being.  That report, The Path to Well-Being: Practical Recommendations for Positive Change, made a series of recommendations in response to a study that found staggering rates of behavioral health issues among lawyers.  Relevant to my job as bar counsel, the national report noted:

  • “To be a good lawyer, one has to be a healthy lawyer.  Sadly, our profession is falling short when it comes to well-being.  The two studies referenced above reveal that too many lawyers and law students experience chronic stress and high rates of depression and substance abuse.  These findings are incompatible with a sustainable legal profession, and they raise troubling implications for many lawyers’ basic competence.”

Competence is the first professional duty set out in the Rules of Professional Conduct.

Again, Vermont’s state action plan is here.  When you have time, give it a read.  Here’s the concluding paragraph from the introduction:

  • “Our profession has a duty to deliver competent legal and judicial services that will serve to uphold the integrity of the justice system. We recognize that the recommendations that follow may impose costs on the profession. We are certain, however, that the benefits of these proposals outweigh the modest cost of implementing them. Neglecting the truths of the national report that issued and its focus on the elevated risks for mental illness and substance abuse will, we believe, impose greater, more damaging costs—both on our profession, the public and its confidence in the rule of law. We hope that these proposals will be recognized as responsibilities fundamental to the privilege of practicing law.”

I agree 100%  We cannot neglect the issue.  As a profession, we must follow-up on the action items.  We cannot congratulate ourselves on the Commission’s fantastic work only to relegate the plan to the digital equivalent of a shelf where it collects electronic dust until that long-off day when someone finds an archived version and says “Wow.  Great ideas. I wonder what ever became of them?”

Wellness

If you’re new to this topic, here are my various posts:

 

 

 

Wellness Wednesday: Enough.

Michael 3 Comments

Usually I use this column to highlight lawyers doing nonlawyerly things.

Sadly, suicide is becoming a lawyerly thing to do.  As we know, over the past 4 years, at least 5 Vermont attorneys have taken their own lives.  I know a sixth whose death technically was not a suicide.  But it was.

We must continue to work to make the profession a healthier place.

Ten years ago today, Joanna Litt married Gabe MacConaill.  Gabe was an attorney.  He’s not here to celebrate his anniversary.  He took his own life last month.

A few days ago, The American Lawyer published a letter from Joanna.  It’s here.  The Tax Prof Blog has it for free here.  Reporting on the letter, Above The Law has Jill Switzer’s  post on how lawyer suicides are becoming too frequent.

Joanna’s letter is heartbreaking.  It should make us double our resolve to destigmatize a lawyer’s decision to admit that he or she needs help.

Sometime in the next few months, the Vermont Commission on the Well Being of the Legal Profession will issue a state action plan.  I expect that the plan will reference, if not incorporate, aspects of the ABA’s mission to convince legal employers to pledge to commit to a healthier work environment.  My post on the pledge is here.

Consider the pledge.

In the meantime, odds are that many of us know a lawyer who is fighting the fight that Gabe fought.  Let’s do what we can to encourage that lawyer to seek help.

So that his or her Joanna doesn’t have to write a letter.

Free, confidential services are available 24/7 for people in suicidal crisis or emotional distress and for those around them. The National Suicide Prevention Lifeline is at 1-800-273-TALK (8255). A crisis text line is at 741-741.

Wellness

 

 

Pledge to Focus on Lawyer Well-Being

Michael 1 Comment

Earlier this year, I blogged on the creation of the Vermont Commission on the Well-Being of the Legal Profession.  The Commission is in the midst of its work.  Its charge and designation is here.

This is a national topic.  Others states have undertaken similar projects.  The ABA has been a leader in raising awareness of issues related to lawyer well-being.

Last week, the ABA Journal reported that several of the country’s largest law firms have signed a pledge to follow a 7-point plan to improve lawyer well-being.  The pledge and the plan are here.   The pledge was developed by the ABA’s Working Group to Advance Well-Being in the Legal Profession.  The group has also developed this Well-Being Toolkit for Lawyers and Legal Employers.

Per the article in the ABA Journal, the goal is for all legal employers to take the pledge by January 1.

Here’s the pledge:

  • “Recognizing that substance use and mental health problems represent a significant challenge for the legal profession, and acknowledging that more can and should be done to improve the health and well-being of lawyers, we the attorneys of _______________________ hereby pledge our support for this innovative campaign and will work to adopt and prioritize its seven-point framework for building a better future.”

The seven-point framework:

  1. Provide enhanced and robust education to attorneys and staff on topics related tow well-being, mental health, and substance use disorders.
  2. Disrupt the status quo of drinking based events by challenging the expectation that all events include alcohol, and, ensuring there are non-alcoholic alternatives when alcohol is served.
  3. Develop visible partnerships with outside resources committed to reducing substance use disorders and mental health distress in the profession: healthcare insurers, lawyer assistance programs, EAPSs, and experts in the field.
  4. Provide confidential access to addiction and mental health experts and resources, including free, in-house, self-assessment tools.
  5. Develop proactive policies and protocols to support assessment and treatment of substance use and mental health problems, including a defined back-to-work policy following treatment.
  6. Actively and consistently demonstrate that help-seeking and self-care are core cultural values, by regularly supporting programs to improve physical, mental, and emotional well-being.
  7. Highlight the adoption of this well-being framework to attract and retain the best lawyers and staff.

The ABA’s program is a 2 year process.  The first year is focused on legal employers to recognize the problem and, as stated above, pledge to commit to promoting awareness & the seven-point plan. Then, in year 2, the ABA will ask legal employers to complete a commitment form that describes steps taken in the prior year.

In my view, whether formally taking the pledge or not, the ABA’s program provides a fantastic vehicle for legal employers to make the workplace healthier.

Wellness

 

108

Michael

I do a lot of CLEs this time of year.  This week, I’ve met with the Professional Responsibility Program, the State’s Attorneys, and the Chittenden County Bar Association.  Later today I’m presenting at the Defender General’s training.  Next week: the Attorney General’s Office and Andy Mikell’s VATIC conference.

Obviously, each presentation is different.  Yet, I’ve started each (and will start each) with a report on the relatively new Vermont Commission on Well-Being in the Legal Profession.   The response has been fantastic.  After each presentation so far, I’ve been contacted by lawyers who are willing to get involved to help other lawyers.

For more, read on.  I’m pasting in a blog that I posted a few months ago.

108

The Substance Abuse and Mental Health Services Administration is a branch of the U.S. Department of Health & Human Services.  In 2015, SAMHSA conducted a national survey on drug use and health.  The survey found that approximately 4% of Vermonters had experienced serious thoughts of suicide over the previous year.  The Vermont results are here.

There are approximately 2,700 lawyers with active licenses in Vermont.  If lawyers suffer at the same rate as other Vermonters, 108 Vermont lawyers have had serious thoughts of suicide over the past year.

108.

In 2016, the ABA’s Commission on Lawyer Assistance Programs and the Hazelden Betty Ford Clinic released a study on lawyers’ behavioral health.  The ABA announced the study’s results here.

Per the announcement, the study revealed “substantial and widespread levels of problem drinking and other behavioral health problems in the U.S. legal profession.”  In addition, the study “determined that lawyers experience alcohol use disorders at a far higher rate than other professional populations, as well as mental health distress that is more significant.”

Fact: in the past 3.5 years, 5 Vermont attorneys have committed suicide.

Fact: 2 of those 5 took their lives in 2018.

Fact: since September 2016, as many lawyers have had their licenses transferred to disability inactive status due to mental health or substance abuse issues as did in the previous 16 years.

There’s a problem.

Fortunately, the profession has started to address it.

In response to the ABA/Hazelden Study, three groups spurred creation of a National Task Force on Lawyer Well-Being.  The groups:

Last summer, the National Task Force published “The Path to Lawyer Well-Being: Practical Recommendations for Positive Change.”  The report makes a series of recommendations to the legal profession’s various stakeholders and urges state supreme courts to form committees to review the recommendations.

On January 2, 2018, the Vermont Supreme Court issued a charge & designation creating the Vermont Commission on the Well-Being of the Legal Profession.  The Commission includes a representative from each of the stakeholder group mentioned in the National Task Force’s Practical Recommendation for Positive Change.   Each Commission member has formed a sub-committee to review the recommendations for that particular stakeholder group.

For example, I’m on the Commission as the representative from the “attorney regulators” stakeholder group.  My sub-committee includes one representative from each of the following: the Professional Responsibility Board, the Board of Continuing Legal Education, the Board of Bar Examiners, the Character & Fitness Committee, and the Judicial Conduct Board. I also appointed a lawyer who has long represented lawyers and judges in professional conduct investigations and prosecutions.  My sub-committee will review and report on recommendations that the Court’s various regulatory bodies ensure that lawyer health & wellness is prioritized throughout the licensing/regulatory scheme.

The Commission’s work will be the subject of the plenary session at the Vermont Bar Association’s upcoming midwinter meeting.  For more information, including how to register, please visit this site.

As I’ve blogged, the report from the National Task Force is a call to action.  In my view, we have duty to keep this issue on the front burner.

Why?

Because 108.  That number is far too high.

Other posts on this topic: