By the Juris Education Interview Team
Elizabeth Eckhardt, LCSW, PhD, is the Director of the Nassau County Bar Association Lawyer Assistance Program.
Lawyers struggle with substance misuse, mental health issues, suicidality, and deaths by suicide in greater numbers than the general public and most other professions. Lawyers are consistently at or near the top of the list of all professionals in suicide rates. Suicide has been reported as the third leading cause of death among attorneys after cancer and heart disease.
When attorneys are in crisis, their clients can suffer—and it's often the most vulnerable who suffer the most. Attorney misconduct results in delays and expenditures of additional funds that may be required to address the consequences of attorney misconduct through further proceedings with different counsel. By helping legal professionals get the support they need in a timely fashion, we help ensure justice is delivered fairly, ethically, and compassionately. In certain circumstances, victimized groups lack the means available to address attorney misconduct, thereby being victimized a second time.
The New York State Lawyers Fund for Client Protection approves more than $9 million in total reimbursement annually to eligible law clients for losses caused by the dishonest conduct of former NYS lawyers. The 2021 Annual Lawyers Fund Report states that, "Apparent causes of misconduct are often traced to alcohol or drug abuse and gambling. Other causes are economic pressures, mental illness, and marital, professional, and medical problems." These are the very issues the Lawyer Assistance Program (LAP) is tasked to address.
Lawyers are also often reluctant to seek help due to the stigma associated with mental health and substance misuse. Furthermore, lawyers are often the ones others go to for help; there is often real discomfort with asking for help for themselves. Lawyers also struggle with (and often don’t know it) maladaptive perfectionism, vicarious and secondary trauma, burnout, and compassion fatigue.
While these groups are similar, some of the challenges are different and noteworthy.
Students entering law school often struggle with adapting to a new learning style, rigorous academic course loads, competitiveness, work/life balance, reluctance to seek help, and financial burdens. These struggles have a cumulative impact on law students.
Results from the 2021 Survey of Law Student Well-Being (2021 SLSWB) demonstrate that law students struggle with mental health challenges and substance misuse in greater numbers than other graduate school students. Interestingly, this survey is a follow-up to the same survey that was completed in 2014. The 2021 survey added a question about trauma, concerns regarding the Bar Exam, and law school efforts to combat these challenges. Nearly 70% of the law students thought they needed help in the last year for emotional or mental health problems compared to 42% in 2014. Over 80% of respondents answered yes to having experienced trauma in at least one category, with roughly 70% of respondents and 11% of the law students having thought seriously about suicide in the past year, compared to 6% in 2014. Nearly 33% of the students reported they had thought about attempting suicide in their lifetime, up from 21% in 2014. 15.7% of the law students said they had intentionally hurt themselves without intending to kill themselves in the past year, up from 9% in 2014.
Research has also shown that new lawyers, those practicing less than 10 years, also struggle more than attorneys who have been in the profession for longer. These attorneys often have accrued large student loan debt and are not earning enough in the early years of practicing to cover expenses and also pursue other life goals. New attorneys also face large learning curves, high expectations, and a lack of mentoring.
The stigma associated with substance misuse and mental health challenges is still very relevant and is often a deterrent for attorneys and law students to seek help.
LAP provides free, confidential assistance to lawyers, judges, law students, and their family members who are experiencing difficulties with alcohol or substance abuse, gambling, depression, stress, or other mental health issues.
These services include peer and professional counseling; treatment assessment and referral; diversion and monitoring; and crisis intervention, outreach, and education. Members of the Lawyer Assistance Committee volunteer their time to help other lawyers in need. The committee truly is the backbone of the Lawyer Assistance Program.
The Nassau County Bar Association has a Law Student Committee and a New Lawyers Committee to provide additional support and assistance.
Law Schools appear to be taking the issue of law student well-being seriously. There have been several efforts initiated by law schools that are promising to help mitigate the mental health and substance misuse associated with being a law student.
Law Schools can better support their students by:
Resiliency, stoicism, and self-efficacy at all costs is still very much the culture in some areas of the legal profession. Therefore, stigma, which refers to the shame, blame, and fear associated with mental health and substance use and misuse, often prevents attorneys from reaching out for much-needed help and education regarding mental health and substance misuse and abuse. It’s unfortunate for obvious reasons but also because there are several issues that can be addressed with minimal intervention if caught early. These same issues become more complicated to treat and much more intrusive to daily life if one does not reach out early.
Attorneys that I meet with are often surprised at how much better they feel even after a brief conversation where they share with someone else what they have been struggling with. Sometimes all that is needed is an understanding ear. I think there is a potential misconception that if we open up to someone, we will have to commit to some kind of treatment. That is often not the case.
I think there is a perception that burnout, chronic stress, and lack of work-life balance are unavoidable if one is to be a successful attorney. It is these beliefs that lead to untreated burnout, compassion fatigue, and vicarious and secondary trauma. There seems to be an acceptance that work/life balance is something you put off till you wind down your practice.
I think it is important to stress here that LAP services are strictly confidential. Confidential communications between a legal professional and a Lawyer Assistance Program are deemed privileged. Section 499 of the Judiciary Law (as amended by Chapter 327 of the Laws of 1993 and as amended thereafter).
This confidentiality is designed to encourage lawyers, judges, and law students in New York to seek help for issues like substance abuse, mental health challenges, or stress, without fear of disciplinary action or negative career consequences.
There have, however, been real efforts to educate members of the legal profession on strategies and skills to promote well-being. I do believe this is gaining some traction as we get more invitations to present in law firms, law schools, and legal departments.
I cannot stress enough the importance of creating self-care practices while in law school.
There have been widespread efforts within law schools to create a culture that normalizes mental health struggles and encourages help-seeking behaviors, the importance of work-life balance, and readily available resources.
Law students who have struggled with mental health or substance misuse and have successfully reached out for help can be powerful examples for other law students. Speaking openly normalizes the stress and difficulty that law students inevitably will encounter and provides hope that with proper self-care and reduced stress, school and work-life balance are possible. These personal stories chip away at the stigma and fear associated with getting help.
Education is key to recognizing the signs of stress, burnout, substance misuse, and other mental health challenges in oneself and one’s colleagues. Law students and legal professionals often spend more time with their fellow law students and colleagues than they do with friends and family. Recognizing the signs of mental health and substance misuse and understanding the best ways to approach someone you are concerned about can be life-changing.
Working on resiliency has proven to be a worthwhile effort for law students and new lawyers. Being able to bounce back from setbacks, embrace change, and manage stress with things like mindful breathing and other mindfulness-based stress reduction strategies can help dramatically when navigating the challenges inherent in the legal profession. Understanding and managing emotions, setting boundaries, and focusing on what is controllable at any given moment are also trademark traits of resilient attorneys.
Juris Education is proud to feature insights from leaders like Elizabeth Eckhardt, LCSW, PhD, to help pre-law students better understand how to care for their mental health throughout the demanding journey to law school.
