Note: this post references suicide and suicidal ideation. If you or someone you know is having suicidal thoughts, contact one of the numbers at the Vermont Suicide Helpline. It’s okay to ask for help and help is available.
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I posted Lawyers Helping Lawyers on March 3, 2016. My first ever post to address lawyer wellness & well-being, it introduced readers to the now well-known Hazelden Study that revealed “substantial and widespread levels of problem drinking and other behavioral health problems in the U.S. legal profession.”
Since then, Vermont’s legal community has done an admirable job promoting a healthier profession. Our work has been both big & small, running the gamut from the 2018 State Action Plan issued by the Vermont Commission on the Well-Being of the Legal Profession to the fact that we now (gasp!!) openly discuss wellness.
As well as we’ve done, we’ve only just begun.
If this sounds familiar, maybe it is. In 2019, I posted Attorney Wellness: We’ve Only Just Begun. In it, I wrote:
“Last November, Above The Law posted Burnout, Flame Out, Or Timeout? The post was spurred by the fact that a lawyer named Paul Rawlinson had “taken a leave of absence to recover from the sheer exhaustion of running the second-largest law firm in the world.” In the post, author James Goodnow pitched an argument I’ve often made, albeit in a way much more eloquently than I. He wrote:
- “If the classic answer to the increasing demands of the legal marketplace has been to get tougher, let me once again advocate for a new approach: getting ‘realer.’ We need to let go of the outdated concept of the inhuman, never-tired, always-working hero attorney and replace it with the vision of actual human beings, because that’s what we all are. We’re people, with physical and mental limitations, lives and families outside of work, and interests beyond briefing, drafting, and billing hours. We need to take better care of one another, at all levels, and take better care of ourselves.”
Flash forward to very sad news. Paul Rawlinson, the attorney who took the leave of absence? He died last Friday. Above The Law reported on his passing.
Rawlinson’s death crystallized a thought that’s been nagging me since the State Action Plan issued: we’ve only just begun.
Have we raised awareness? Yes, we have, and it’s a damned good thing that we have.
But it’s not enough.”
Later in the same post, I cited to two sections that appear in the ABA’s Well-Being Toolkit for Lawyers and Legal Employers.
The first:
“We are happiest and healthiest when we adopt healthy work habits and lifestyle choices. Importantly, though, we won’t be successful on our own. Well-being is a team sport.”
The second:
“This means that, if we truly desire to improve wellbeing, we can’t focus only on individual strategies like making lawyers more resilient to stress; it is equally important (if not more so) to focus on systemically improving our professional cultures to prevent problems from developing to begin with. We are interdependent in that our organizational and institutional cultures—to which we all contribute and which, in turn, shape us all—have a huge impact on our individual well-being. When our cultures support our well-being, we are better able to make good choices that allow us to thrive and be our best for our clients, colleagues, and organizations.”
Whew!
This has been a long-winded way of getting to today’s point: we’ve only begun to begin. We must continue to work to make the profession healthier.
Last month, MDPI published Stress, Lonely, and Overcommitted: Predictors of Lawyer Suicide Risk. The report details a study into the predictors of lawyer suicide risk. Numerous outlets reported on the study, including Psychology Today, Reuters, Above The Law, and The ABA Journal. Here’s an excerpt from Psychology Today’s coverage:
“Until now, very little has been studied about the specific predictors of lawyer suicide risk. New research suggests that high levels of perceived stress, high levels of work overcommitment, loneliness, and being male are all significantly associated with an increased risk of suicidal ideation among lawyers. Specifically, the risk of suicidal ideation was:
- 2.2x higher among lawyers with high work overcommitment;
- 1.6x higher among lawyers with an intermediate level of work overcommitment;
- 2.8x more likely for lawyers who screened as lonely compared to those who did not screen as lonely;
- 1.8x more likely for lawyers with a history of at least one mental illness diagnosis;
- 22x more likely for those lawyers with high perceived stress;
- 5.5x more likely for those with intermediate perceived stress.”
Patrick Krill is one of the study’s authors. Following its release, The American Lawyer published Patrick’s commentary When Our Stress Becomes Dangerous. I recommend reading it. When I first read it, I was struck by this paragraph:
- “To be fair and optimistic, it is important to note that meaningful efforts to improve mental health have been underway and gaining momentum in the legal profession for the last several years, and many dedicated individuals are doing excellent work. As someone whose earlier research and advocacy helped ignite the current push for improved wellbeing in the legal profession, I have sincere gratitude for the progress we’ve made. But I also know the goal line remains elusively far away, and often obscured by the more stubborn forces of inertia, maladaptive attitudes, entrenched business models and extrinsic motivations.”
This is the point that I was trying to make in 2019’s We’ve Only Just Begun. I feel now like I did then.
Earlier today I sent Patrick a message. Referring to the recent study, I asked:
- “Would this be a fair takeaway? That, as good as it is that we are providing more resources (and understanding) to legal professionals who seek help for behavioral health issues, it’s as important that we start to address the root causes. For instance, unreasonable workload expectations.”
Patrick’s response included:
- “Yes, that is absolutely a fair takeaway from the most recent study. It is important to take a dual approach of providing resources and addressing root causes. To date, the profession has really only been doing half of what is needed by providing resources.”
Here in Vermont, there’s good news: we have a map to help navigate the beginning of our journey down the second half of what’s needed. That map is part of the 2018 Action Plan. Specifically, it’s the report from the Commission’s Legal Employers Committee.
Whether here or at seminars, I’ve often stated my appreciation for the Legal Employers Committee report.
In this post, I noted the positive response to the Committee’s recommendation that employers:
- “Consider a policy that employees should not—apart from emergencies—check their work email during non-working hours. Moreover, employers should allow all legal professionals to set reasonable boundaries on responding to emails, for example, letting clients know that barring an emergency, they may not get an email response immediately, but the employee will respond within a certain period of time.”
In another post, I noted my support for this suggestion:
- “In firms that impose billable hour quotas on attorneys, assess whether and how that quota system may be contributing to unproductive competition, excessive stress, and unhealthy work habits. In large firms, an anonymous survey may be the best way to assess this issue. In smaller firms, it can be done through simple observation. If a quota system appears to be encouraging unhealthy behavior and excessive stress, modify it, eliminate it, or consider alternatives.”
Most recently, I referenced the Legal Employers Committee in this post about a California study that found that lawyers who perceive their employers to value them for their human worth reported feeling healthier than lawyers who perceive their employers to value them as revenue-producers, if at all. I connected the study to the Legal Employers Committee’s conclusion that:
- “Legal employers, meaning all entities that employ lawyers, paralegals and legal assistants, can play a pivotal role in promoting and maintaining lawyer well-being.”
Okay. Pause.
I feel like I’ve gone on far too long and have lost my point. My point is this: we’ve only begun to begin.
Yes, helping those in need is great. And it’s great that we’ve started to destigmatize help-seeking behavior. And it’s great that we’ve started to decouple assistance from discipline. And it’s great that we now provide resources and referrals to those in need.
But why wait until they’re in need? Let’s do more to keep the need from arising. Let’s address unreasonable workloads and work expectations, inflexible scheduling, extreme incivility, and other “maladaptive attitudes and entrenched business models” that are harming members of the profession.
And it’s got to be more than blog posts, social media posts, and CLE presentations. It requires action in your offices. Action that is as easily begun as perusing either the Legal Employers Committee’s section of the 2018 State Action Plan, the ABA Well-Being Toolkit for Lawyers and Legal Employers, or the ABA Well-Being Toolkit Nutshell: 80 Tips For Lawyer Thriving.
There’s no better or more important time to begin than now.
Note: Patrick Krill is the speaker in one of the virtual CLE options that’s part of the VBA’s upcoming Mid-Year Meeting. Go here for more information on the meeting and Patrick’s seminar “Mental Health and Well-Being as a Strategic Priority for a Sustainable Profession.”
Previous Wellness & Well-Being Posts
- Wellness Wednesday: Make Well-Being an Expectation in the Attorney-Client Relationship
- Wellness Wednesday: Pro Bono
- Wellness Wednesday: R.I.P. Ray Massucco
- Wellness Wednesday: Don’t Stresslax
- It’s healthy for legal employers to value employees as people
- Meet David Rocchio: The Move to Movies
- Wrapping up Well-Being Week: my self-report of significant bread-making violations
- The 253rd legal ethics quiz: Emotional Well-Being & my Kentucky Derby picks
- Connect & Contribute
- I Made Bread
- Align
- Stay Strong
- With 40 Wellness tips, the ABA has at least one for everyone
- R.I.P. Charlie Kryst
- Aiming for Well-Being
- Wellness, Emotional Regulation, and the power of “What’s Important Now?”
- A lesson from my dad, Nandi, and The Foo Fighters: find & experience awe
- Ask the Question
- Wellness Wednesday: Set communication boundaries with clients & opposing counsel
- Yes, wellness includes the results of my first moot court competition
- Wellness Wednesday: It’s okay to ask for help. Bar Assistance will listen and support you
- Wellness Wednesday: Set communication boundaries with clients and opposing counsel
- Wellness Wednesday: Compassion Fatigue
- Wellness Wednesday: A message from Justice Eaton
- Jessica Burke: “Well People Do”
- Wellness Wednesday: Schitt$ Creek and Paddles
- Wellness Wednesday: Be Kind to Lawyers
- Civility Matters. Especially Now.
- Coping with COVID-19 Related Stress & Anxiety
- Wellness Wednesday: Unplug
- Well-Being is an Aspect of Competence
- Wellness Wednesday: Survival Skills
- Wellness Wednesday: Make time for what (and who) matters
- Wellness Wednesday: Risk & Response
- Do summer your way
- Wellness Wednesday: Meet Alison, Shireen, Samantha, and Alison
- Reach Out, Check In
- Wellness Wednesday: Mentor Someone
- Wellness Wednesday: Joan Loring Wing
- Wellness Wednesday: Law Day & Pro Bono
- Get your sleep
- Take a Chance on Being Nice
- Attorney Wellness: We’ve Only Just Begun
- Be Kind to a Lawyer Today
- Be Nice to Someone Today
- Wellness v. Well-Being
- Wellness Wednesday: Meet Molly Gray
- Wellness Wednesday: Judge Garland & My Cousin Vinny
- Shakespeare, Pink Floyd and Wellness
- Wellness Wednesday: You are not an impostor
- Wellness Wednesday: “N O” is “O K”
- Wellness Wednesday: Stop it!
- Wellness Wednesday: Meet Jeff Messina
- Lawyers Helping Lawyers Part 2
- Lawyers Helping Lawyers: Keep it on the front burner
- Lawyer Well-Being: a call to action
- Anxiety, Stress & Work-Life Balance for Lawyers
- Make time for what matters
- Lawyer Wellness: resolve to find 6 minutes for yourself
- 108 is way too many
- Workplace Happiness
- Make Wellness a Habit
- A pledge by legal employers to focus on lawyer well-being
- Legal Ethics & the Water Cooler
- Wellness Wednesday: Island Vines
- Wellness Wednesday: on ponds, puffery and paltering
- Wellness Wednesday: Neil Diamond, the Lock Screen, and National Mental Health Day for Law Students