Wellness Tips for Lawyers Struggling with Mental Health or Substance Abuse Issues

Ethics, Firm Management, Legal Malpractice

The Legal Profession has a Problem

Mental health issues and substance abuse are pervasive within the legal community, and studies consistently show that they affect lawyers at a higher rate compared to the general population.

A 2016 landmark study from the Journal of Addiction Medicine underscores this fact with some rather shocking statistics: 20.6% of lawyers who answered the survey demonstrated symptoms of “problematic drinking”, and 28% struggled with some level of depression and 19% with symptoms of anxiety. Compare these numbers with that of the general population–where 8% experience a bout of depression in a given year, and 11.8% of the “highly educated” workforce were found to have demonstrated symptoms of problematic drinking.

It’s not surprising why. It’s a demanding profession where stress levels run high. The “work hard play hard” ethos that permeates the industry prioritize success and accomplishment over all else, including one’s well-being and health. Law students are cautioned never to utter the words “work-life balance” in an interview. In sum, the legal profession has normalized (and oftentimes glamorized) poor self-care, lack of balance and heavy drinking.

While TLIE does not keep statistics about mental impairment, we do see a number of claims among lawyers who show some sign of impairment. In this article, we present some wellness tips for lawyers struggling with mental health or substance abuse issues, and the interplay between the Texas Disciplinary Rules of Professional Conduct (Rules).

Helpful Tips for Lawyers Struggling with Mental Health or Substance Abuse Issues

Seek Professional Help. While it’s difficult for many to admit when they have a problem or to ask for help, attorneys are more resistant than most. The Journal of Addiction Medicine identified two major reasons: not wanting others to know they need help, and concerns regarding confidentiality and privacy. If you’re unsure whether you need help, or where to start, reach out to Texas Lawyers’ Assistance Program (TLAP). TLAP’s staff is available by phone 24/7 to answer your questions about substance abuse, mental health and wellness issues. TLAP can help you with locating a licensed professional who is a good fit for you and experienced working with lawyers. By statute, all communications are strictly confidential pursuant to the Texas Health and Safety Code Chapter 467.

Start investing in your health like you invest in your work. Put together a team of experts to support your well-being: primary care physician, therapist and psychiatrist.

Start Setting and Enforcing Boundaries. Boundaries are an essential part of practicing self-care. Setting and enforcing boundaries is necessary to cope with difficult people, achieve work/life balance and enjoy rewarding relationships. Recommended Reading: Set Boundaries, Find Peace: A Guide to Reclaiming Yourself by Nedra Glover Tawwab

Move Your Body. Movement is our birthright and essential to our overall sense of well-being. Exercise doesn’t have to be something you dread. Choose something you enjoy doing: walking, dance class, tennis, tai chi, yoga. It doesn’t matter as long as you’re moving. For newbies to yoga, try Yoga With Adriene on Youtube. It’s free and she offers plenty of videos that are under 10 minutes.

Get Outside. Spending time in nature has been proven to reduce stress, depression, anxiety and anger, slowing the heart rate and restoring a sense of calm and peace. It helps to boost mood, confidence and self-esteem. In fact, 20 minutes a day in nature will significantly lower your cortisol levels.

Try a Mindfulness-Based Stress Reduction. No, it’s not woo woo. It’s scientifically researched and has been shown to have numerous benefits, including: stress reduction, improved self-care and sense of well-being, better ability to manage anxiety and depression, and improvement in symptoms of burnout. It’s even been shown to help cognitive function. The Headspace app has meditations as short as three minutes.

When Withdrawal is Required

Regardless of whether you’re suffering from an impairment, the Rules still apply to your conduct. ABA Formal Opinion 03-429 (2018) states, “mental impairment does not lessen a lawyer’s obligation to provide clients with competent representation”. Rule 1.15(a)

specifically prohibits a lawyer from undertaking or continuing to represent a client if the lawyer’s “physical, mental or psychological condition” materially impairs the ability to represent the client.

Concern for an Impaired Attorney–The Duty to Report

At what point do you have an ethical duty to take action under the Texas Disciplinary Rules of Professional Conduct (Rules)? Rule 8.03(a) requires reporting of a lawyer if a violation of those Rules has occurred which “raises a substantial question as to the lawyer’s honesty, trustworthiness or fitness.” Lack of fitness “is indicated most clearly by a persistent inability to discharge, or unreliability in carrying out, significant obligations.”

Under Rule 8.03(c), an exception may be made to the reporting requirement if you have knowledge or suspect that the lawyer of concern is “impaired by chemical dependency on alcohol or drugs or by mental illness” and the information about the misconduct or fitness is disclosed to TLAP. Note that the Chief Disciplinary Counsel is not alerted when reports are submitted to TLAP under 8.03(c).

If you are concerned that you or a colleague may be suffering from an impairment, you can contact TLAP even when there is no evidence that the potentially impaired attorney has violated any of the Rules.

Conclusion

Stress is an inherent part of practicing law and there is no shame in needing help. The journey to improved well-being begins with acceptance of this fact and that there is support available. TLIE has partnered with TLAP to create a CLE on Lawyer Wellness. Enter code FreeCLE at checkout to take this course for free.

If you are struggling, please contact a professional or call/text TLAP at 1-800-343-8527 immediately.

Disclaimer: The material presented is not an attempt to practice medicine or give specific medical advice. This article is for informational purposes only and not to be considered complete and does not cover all issues related to mental health. The content of this article is not intended or implied to be a substitute for professional advice, diagnosis or treatment. You should not use the information in the article to diagnose or treat a health problem without consulting with a qualified healthcare provider. If you are in crisis or think you may have an emergency, call your doctor or 911 immediately. If you are having suicidal thoughts, call the National Suicide Prevention Hotline at 800-273-8255.

By Lauren Bianchini