Make Wellness a Habit

I’ve blogged often on issues related to lawyer wellness.  Most of my posts have focused on lawyer impairment.

A related issue is mindfulness. Or, as I’ve blogged, workplace happiness.  In short, does your firm or office foster a positive environment in which people are happy to work?  Or, as James Goodnow wrote at Above The Law, is your firm or office Blinded By the Benjamins?

Earlier this year, the Vermont Supreme Court took a step towards fostering a more positive environment for Vermont’s legal profession when it created the Commission on the Well-Being of the Legal Profession.  The Commission met last week.  Members shared updates from their various committees. On the issue of mindfulness, I was excited and encouraged by the report from the Legal Employers Committee.

Laura Wilson & Ian Carleton chair the committee.  I’m not going to delve into the details of their update.  Suffice to say, it sounds like their committee is doing a fantastic job looking at steps that legal employers can take to make workplaces healthier.

I’ve been as encouraged by the buy-in I’ve heard from lawyers & firms in my travels around the state.  A few years ago, nobody wanted to talk about impairment, wellness, or mindfulness.  Now, not only are legal employers talking the talk, they’re starting to walk the walk.  Which brings me to the point of this post.

If your workplace is looking at ways to incorporate wellness & mindfulness into its culture, remember this: it’s marathon, not a sprint.  What do I mean by that?  Well, let me turn to a different sport.

As most of you know, I used to coach high school basketball.  Any coach will tell you this: whatever you do every day in practice, that’s probably what your team will be good at doing.  If you shoot a lot, your team will probably shoot well.  If you work a lot on plays against a zone defense, your team will probably execute its zone offense well.  If you do a little of a lot, but not a lot of any one particular thing, your team will probably be okay at a lot, but not very good at much of anything.

The same goes for incorporating wellness and mindfulness into your workplace.  If you want wellness and mindfulness to be part of your workplace culture, you have to practice them.  Not just talk about wellness for 50 minutes at the firm retreat.  Not just mention mindfulness at every other staff meeting.  But do them.

Every. Single. Day.

And then again the next day.

Over and over.

For wellness & mindfulness to become part of your workplace culture, you have to make them habits.  It’s that simple.  As they say, practice makes perfect.

Jeena Cho is one of the country’s leading voices on wellness and mindfulness in the legal profession.  In May, the ABA Journal ran Jeena’s post 4 strategies for effectively implementing a mindfulness program.  Give it a read.

Because it so resonates with me, I’m pasting in the third of the four strategies that Jeena recommends:


As with buying a gym membership—you actually have to go to the gym and work out regularly to see benefits—mindfulness training has to be ongoing.

Anne Brafford, author of Positive Professionals: Creating High-Performing Profitable Firms Through the Science of Engagement, says, “To be effective, programs designed to build complex people skills like mindfulness can’t end with a single training session. This train-and-go approach is popular among organizations—with the result that billions of dollars are wasted annually because trainees end up using only about 10 percent of what they learn.”

For a mindfulness training to stick, Brafford says, “organizations will want to provide ongoing support for learning. This includes, for example, providing opportunities or encouragement to apply the new skills, reinforcement learning with feedback and reminders about its relevance and importance, supervisor and peer support, and opportunities for ongoing development.”

Jeena and Anne are right.

Make wellness a habit.

Image result for practice makes perfect





Workplace Happiness

As I mentioned earlier this week, the plenary session at today’s Midyear Meeting of the Vermont Bar Association introduced the Vermont Commission on the Well-Being of the Legal Profession.  The Supreme Court formed the Commission in response to last summer’s report from the National Task Force on Lawyer Well-Being.  I blogged about the report here.

The report makes recommendations to various stakeholder groups within the profession.  In short, each stakeholder group is encouraged to ensure that the profession prioritizes lawyer well-being.

One of the stakeholder groups is “Legal Employers.”  Laura Wilson and Ian Carleton co-chair the Legal Employers sub-committee of the Vermont Commission. This morning, each made an important point: lawyer wellness is much more than substance abuse and depression.  It includes creating a positive environment within the workplace.  As Laura and Ian articulated, every single lawyer is either an employer, an employee, or both.

A positive environment within the workplace.  In other words, a place where people are happy to work.

With that in mind, it’s ironic that minutes after hearing Laura and Ian speak, I came across James Goodnow’s post at Above The Law: Blinded By The BenjaminsGive it a read.

While it might be aimed at BigLaw, I think Goodnow’s post is valuable to legal employers & employees in firms of ANY size. Simply, is your firm a place that values Career, Cause, Community?  If not, what changes are you going to make so that it does?

Again, for a great explanation of why the 3 C’s are so important, check out Blinded By The Benjamins.

Sadly, this post caused me to break a promise I made a few months ago when I said this blog would never again mention Puffy.  But, low-hanging fruit is too easy to pick.  And, as Goodnow’s post makes clear, when it comes to the lawyer well-being, It’s (Not) All About the Benjamins.

Plus, it’s got Biggie in it. And while I’m a West Coast guy, Biggie is Biggie.

Lawyer Well-Being

The Vermont Bar Association’s 61st Midyear Meeting is set for this Thursday and Friday. Jennifer and Laura have a fantastic program in place.  It includes seminars on:

  • ESI and admitting electronically stored info into evidence; (TECH COMPETENCE!!)
  • legal ethics;
  • free speech in the workplace;
  • DACA and other hot topics in immigration law;
  • a primer on the new tax law;
  • legal issues related to sexual harassment & the #metoo movement; and
  • issues related to post-adoption contracts (PACA).

The meeting will also include several seminars on lawyer well-being, with Friday’s plenary session scheduled as the public introduction of the Vermont Commission on Well-Being in the Legal Profession.  For more info on the VBA meeting, please click here.

Given the meeting’s focus on well-being and mindfulness, I thought I’d re-post some prior blogs on the topic.  Here’s one that originally ran on Friday, March 2, as the introduction to the 108th #fiveforfriday legal ethics quiz.



Warning: today’s post isn’t as light-hearted as some of the #fiveforfriday intros.

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.


Okay, I know the math might not be accurate.  However, consider the following:

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.”

So, given that lawyers suffer at higher rates than other professionals, 4% might not be too far off.

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 theVermont 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.


Because 108.  That number is far too high.

Other posts on this topic:

Lawyer Wellness: Resolve to find 6 minutes for yourself.

My father used to joke that he’d hold back on calling a lawyer until he had enough to talk about for 6 minutes.  Because he knew that’s how much he’d be charged simply for making the call.

Those days are gone.

Now he waits until he has enough material to send his lawyer a really long e-mail.

Anyhow, here’s something else that lawyers can do in 6-minute increments: invest in their own wellness.


Last August, the the National Task Force On Lawyer Well-Being released its report The Path to Lawyer Well-Being: Practical Recommendations for Positive Change.  The report puts the issue of lawyer well-being on the front burner in each of our kitchens.

And it turns up the heat.

Here’s an excerpt from the Task Force’s introductory note:

  • “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.” (emphasis added).

The report includes recommendations for various stakeholder groups connected to the profession.  My blog post on the Task Force’s recommendations is here.

Last week, and in response to the report, the Vermont Supreme Court created the Vermont Commission on the Well-Being of the Legal Profession.  The Commission’s first meeting is later this month.  The Commission includes a representative from each of the stakeholder groups identified in the Task Force’s report.  Each representative will lead a sub-committee charged with reviewing the recommendations targeted at that stakeholder group.  The Commission will be formally introduced at a plenary session during the Vermont Bar Association’s Midyear Meeting in March.

I expect that you’ll hear a lot about the Commission, its work, and lawyer wellness throughout 2018.

In the meantime, don’t forget that lawyer wellness isn’t all about rehab or treatment. It also includes things like work-life balance and mindfulness.

Jeena Cho is legal mindfulness strategist.  She’s a leading voice on lawyer wellness.  She’s a great Twitter follow and writes often for the ABA Journal.

One of Jeena’s sayings sticks with me.  As I referenced in my post recommending that lawyers Make Time For What Matters, Jeena tells us:

“Finally, remember: ‘Secure your own oxygen mask before assisting others.’ ”

It’s great advice.  We can’t help others (our clients) if we haven’t already helped ourselves.

And it’s easier than you might think.

Jeena authored an article that appears in the January 2018 issue of the ABA Journal: Starting small: it’s time to make an achievable well-being resolution.  As she points out, even only 6 minutes per day can help to improve well-being.

Maybe mediation isn’t your thing.  Maybe it’s running, or reading, or playing an instrument, or cross-country skiing, or doing puzzles, or cooking, or crafts, or coaching, or hiking, or . . . whatever.  Something other than work!

Whatever it is, in 2018, resolve to find a few minutes a day to focus on your own well-being.