Why We Cannot Wait: Mental Health in the Legal Profession and Community

Why We Cannot Wait

Mental Health in the Legal Profession and Community

Introduction

It has been one year since one of my good friends who attended law school with me took his own life. People are unwilling to say it with such a level of directness as I. However, I can say it with such sharpness because of the response that occurred by people in the law school community I was a part of. Looking back on it, I never knew exactly the level of turmoil and struggle that one of my good friends was going through at the time. He was one to always crack jokes, he had an infectious smile that would make you feel better on days that you struggled to make it through the grueling landscape of law school, and aside from the comedy that he provided – he provided some sage advice to me in the time that I knew him. 

He was imperfect, but he also was someone who I could talk to about some of my issues and would understand some of the hardships I dealt with in the midst of the "process." However, upon news of his passing, the law school attempted to disguise his identity with a vaguely worded email notifying the community of his passing and his employer promptly removed him from their website within hours of being notified of his passing. In a way, I felt as though he was erased. 

However, like the old adage that we use in tort law: we take people as we find them. With law schools and the legal profession being a high stakes game of success or failure, the pressure is insurmountable to many. For a limited few, they are adroit enough (or frankly have ample resources) to rise above the challenge of law school and later working in the legal profession. For many, however, we fall victim to the mental whipping that law school and the following career path places upon us. Thus, our mental health, our physical health, and our dignity begin to slide downwards. For my friend, he entered law school with some issues, the same I or many of us did. However, rather than championing him seeking assistance, the environment of the legal profession and law school ended up claiming him in the end. 

The Facts

For those who are unfamiliar with law school and the legal profession, let me provide some context of the issue. Mental health awareness in some professions and academic programs have taken off in the last few years. In the legal profession, however, mental health awareness is a recent focus in the legal profession [1][2][3]. The tight job market, galactically high student loan debt, and the high stakes and high-pressure nature of the job of being an attorney have taken its toll on lawyers new and old in the profession. An article written by Kristen Johnson earlier this year reported that mental health issues and substance abuse are an immediate threat to the continuity of the legal profession [4]. Her report is not novel, however; it is a continuation of already understood issues. 

The statistics are alarming. Lawyers rank 4th in suicide deaths by profession [5]. One in three (approx. 33%) of lawyers engage in problem drinking [6]. Further for many the problem started in law school. [7]. Yet, "44 percent said problem drinking began during their first 15 years of practice." [8]. For some, the problem runs deeper. Harder drugs such as opioids and Xanax are now becoming more common. A story ran in the New York Times in 2017 quoted Warren Zysman, the clinical director of the EARS Recovery Program in Smithtown, N.Y., saying that "It used to be mostly alcohol [. . .] but now almost every attorney that comes in for treatment, even if they drink, they are using drugs, too — Xanax, Adderall, opiates, cocaine and crack.” [9]. 

The Anecdotes

Do not get me wrong, the profession is still noble - but something in the system is broken enough to practically destroy budding attorneys or have successful ones wither on the vine. It is apparent that something must be done. It also requires the culture of the legal profession to shift and not support or enable unhealthy alcohol or drug habits. 

I very vividly remember when I was in law school, people hailed Adderall as the "miracle drug." You could get 200 pages of reading done that night or study for 12-15 hours in a day without having to stop. In law school, the ability to study 12-15 hours a day non-stop was an accomplishment met with praise and sheer discipline. However, no one really can comprehend unnatural nature of such a feat. The same "zeal" is even expected in legal practice with some days starting at 6:00 in the morning and dragging into the 10:00 or 11:00 hour at night. In a world where this is now the norm, the ability to keep up demonstrates a lack of proficiency, laziness, and an unwillingness to go the extra mile.

But what does this mean for mental health? From my experience, I've heard people be told to "suck it up ... this is your new reality" to the  "go the doctor and get a Xanax prescription." I've even heard bar prep lecturers (as recently as a few months ago) say that "it's best to keep your ibuprofen for your headache right next to the Xanax and Ambien bottles." In a way, this toxic romanticization of mental dysfunction has become a norm that people believe can be best fixed by pills and copious amounts of marijuana or alcohol. 

Now is the time for law schools, bar prep lecturers and bar prep material providers, and employers to seriously take a look at the world that they are crafting for up and coming attorneys. As millennials now come of age and enter the legal profession and law schools the demographic is more mental-health aware than their elders [10]. Millennials, however, are at higher risk for mental health disorders compared to other groups due to societal pressures on perfection, financial independence, and image [11][12]. For existing attorneys, the same is true. Billable hour times have gotten longer from the already average 1700 to 2300 hours a year. Some suggest that with the introduction of millennials, the 2500 billable hour year will become the new standard [13]. 

In this environment, once again - where does mental health awareness have its place if you're expected to output several thousand hours of work, of which only a portion is billable? Where does mental health have its place when law schools are breeding a culture of "existence by substance?"

The Solution

While law schools and bar associations are stepping up to assist law students and lawyers with their mental health concerns and the ABA has created the lawyer assistance program for substance abuse [14], the profession trails behind others in terms of being able to offer the assistance that is important to allow people to thrive and grow. 

There is a need for more programs that cater to attorneys. While the belief is that attorneys get paid well to deal with the problems of others, peace of mind is a hard thing to purchase no matter if you're making $65,000 a year in public interest or $190,000 as a first-year associate. 

There also needs to be a more honest, open, and constructive dialogue about seeking professional help and guidance. Rather than offering a recommendation for Xanax or offering a glass of wine or hard liquor to students at a keg, there needs to be a culture that fosters an "I understand" rather than a "Get Over It" mentality. Luckily, this dialogue is opening up with places such as Above the Law having a series of articles dedicated to attorney wellness [15]. 

The last thing is that there needs to be a definitive statement and a reminder to all law school deans, bar prep personnel, older lawyers, and legal employers. The 2017 report by The National Task Force

on Lawyer Well-Being, titled: Creating a Movement To Improve Well-Being in the Legal Profession states poignantly that “[t]o be a good lawyer, one has to be a healthy lawyer. Sadly, our profession is falling short when it comes to well-being." [16]. 

I'd recommend that all law school deans, employers, senior attorneys, law students, and those thinking about law school read the Report by the  The National Task Force on Lawyer Well-Being.  The same way that law students were tasked with reading extensively about Pennoyer v. Neff on the first couple days of class should also occupy the consciousness of everyone in the legal profession. We all know what to do, it's just a matter of acting now. 

Ending Statements

In closing, I want every student and person reading this to understand the importance of the words I've shared here. I want you to engage with this material and if it speaks to you - share it. 

I also want to dedicate this piece to my friend E. Cortez Adams who transitioned on September 24, 2017, after struggling with depression which became too much for him to bear. Following his departure from this Earth, we found that he passed the New Jersey Bar Exam posthumously. Had he been alive today, he would be been a practicing young attorney in New Jersey with immense promise and with wit as sharp as a tack. 

As someone who has struggled with their mental health throughout law school, lost their dignity at the hands of the "process," and still fighting the exhausting yet well-worth-it fight - I know there are days that tasks seem insurmountable. There are days when the billable hour seems like the death of us, or a client or supervisor is riding us hard. 

However, remember that we are in this struggle together. Call your friends, speak to your mentors earnestly and honestly, engage in self-care, find a hobby, and make the time for yourself - even if it means sacrificing an hour of the day. 

Ultimately, when it is all said and done - longer hours do not make you more productive [17]. What does make you more productive, is a sense of self-pride and self-worth; a sense of morale and dignity carries you a long way in providing a service for your supervisors and clients. So if you feel as though you need assistance, I borrow the words from Above the Law:

"Most law schools have counseling and psychological services resources that students and graduates can turn to if they are in crisis or would like counseling, even after hours.

 If these services are not available at your school, and if you or someone you know is depressed and in need help, please call the National Suicide Prevention Lifeline (1-800-273-8255) or a lawyer assistance program in your state (don’t be fooled by the name; these programs also provide services to law students).

 Remember that you are loved, so please reach out if you need assistance, before it’s too late. Don’t become a statistic — please seek help."