Make Time For What Matters

Regular readers know what I blog about most: Rule 1.1 and the duty to provide clients with competent representation.

I am a firm believer that in order to satisfy that duty, you must act competently to take care of yourself.

Here’s what I mean.

Last month, I posted on Anxiety, Stress, and Work-Life Balance.  The post includes a quote from Jeena’s Cho’s ABA Journal article Talking about the elephant in the room – social anxiety. She wrote:

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

Perfect analogy.

Jeena’s article was in response to the New York Times article The Lawyer, The Addict.  I also blogged in response to NYT article: Lawyers Helping Lawyers: Keep it on the Front Burner.  

To Jeena’s point about securing your oxygen mask before assisting others, let’s add Tracy Richelle High’s tips in the most recent ABA Journal: 10 ways to make time for the things that matter.  The tips are fantastic.  You should read them.  In my view, Tracy nails it in her first paragraph:

“But the answer is quite simple: You make time for the things that matter. Period.”

As a profession, we talk a lot about access to justice & access to legal services.  As I see it, lawyer well-being is an access issue.  Access to legal services requires a full complement of healthy and competent lawyers.

Make time for yourself.  It’s not unethical.

work life balance

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Lawyer Well-Being: A Call to Action

“The benefits of increased lawyer well-being are compelling and the costs of lawyer impairment are too great to ignore.  There has never been a better or more important time for all sectors of the profession to get serious about the substance use and mental health of ourselves and those around us.”

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I’ve blogged often on the alarming number of lawyers who struggle with substance abuse and mental health disorders.   My most recent post on the topic was one month ago today:  Lawyers Helping Lawyers: Keep it on the Front Burner.

Monday, 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.”

Let me re-emphasize:  “These findings are incompatible with a sustainable legal profession, and they raise troubling implications for many lawyers’ basic competence.

The note goes on:

  • “The legal profession is already struggling.  Our profession confronts a dwindling market share as the public turns to more accessible, affordable alternative legal service providers.  We are at a crossroads.  To maintain public confidence in the profession, to meet the need for innovation in how we deliver legal services, to increase access to justice, and to reduce the level of toxicity that has allowed mental health and substance use disorders to fester among our colleagues, we have to act now.  Change will require a wide-eyed and candid assessment of our members’ state of being, accompanied by a courageous commitment to re-envisioning what it means to live the life of a lawyer.”

Per the report, there are 3 reasons to improve attorney well-being:

  1. Good for business
  2. Good for clients
  3. The right thing to do

#3 should sound familiar to readers of this blog.

The report is 73 pages long and makes recommendations for judges, legal employers, law schools, bar associations, professional liability carriers, and lawyers assistance programs. Most relevant to this blog, the report makes recommendations for regulators. They begin on page 25 and, per the table of contents, can be summarized as follows:

  • Take Actions to Meaningfully Communicate That Lawyer Well-Being is a Priority
    • Adopt Regulatory Objectives That Prioritize Well-Being
    • Modify the Rules of Professional Responsibility to Endorse Well-Being as Part of a Lawyer’s Basic Duty of Competence
    • Expand Continuing Education Requirements to Include Well-Being Topics
    • Require Law Schools to Create Well-Being Educations for Students as an Accreditation Requirement
  • Adjust the Admissions Process to Support Law Student Well-Being
    • Reevaluate Bar Application Inquiries About Mental Health History
    • Adopt a Rule for Conditional Admission to Practice Law
    • Publish Data Reflecting Low Rate of Denied Admissions Due to Mental Health Disorders and Substance Use
  • Adjust Lawyer Regulations to Support Well-Being
    • Implement Proactive Management-Based Programs That Include Lawyer Well-Being Components
    • Adopt a Centralized Grievance Intake System to Promptly Identify Well-Being Concerns

I will do my part to review each recommendation for regulators with the appropriate body, whether the Professional Responsiblity Board, the Board of Bar Examiners, the Character & Fitness Committee, or the Continuing Legal Eduction Board.  But, as I mentioned, the report makes recommendations for many other groups.  Nearly each and every one of us fits into it at least one of those groups.

Turn up the heat on your front burner. The time to act is now.

If you or someone you know needs help, please contact the Vermont Lawyers Assistance Program.

Wellness

 

 

 

Do Nothing – It Might Help

The New York Times recently ran an op-ed by David Leonhardt: You’re Too Busy. You Need A Shultz Hour.

I agree.

In my posts on lawyers helping lawyers, as well as in a column I wrote for the VBA Journal, I alluded to the idea that lawyers can’t best help clients if they’re in need of help themselves.  In other words, access to legal services necessarily includes access to healthy & productive lawyers.

A Shutlz hour might provide all the help you need.  Over at InsideHook, here’s how Rueben Brody put it in his blog post Why Doing Nothing Will Be Your Most Productive Hour Of The Week:

  • “Stepping away as much as possible will make you happier and more productive. I recently gave up Facebook, and it’s given me at least an hour a day back. I’m not necessarily advocating you do that, but I do suggest you adopt the ‘Schultz Hour.'” {sic}.

And there’s the hook to legal ethics: happier, healthier, more productive. It strikes me that happier, healthier and more productive lawyers are better suited to provide competent and diligent representation to clients.

Sometimes the best thing to do is nothing.

Thank you to Ray Massucco for tipping me off to the New York Times piece.  Ray’s a loyal reader and frequent member of the #fiveforfriday Honor Roll.

Shultz

No, that’s not Ray.  That’s George Shultz.