With the fear and isolation caused by the COVID-19 pandemic, MI is on the rise. According to a recent Census Bureau survey on COVID-19, 34% of U.S. adults experience symptoms of depression or anxiety, an 11% increase over the past year. [viii] The time has come to delve deeper into why MI is stigmatized in the legal profession and to take action. As members of a profession where the incidence of mental health issues such as depression, stress and anxiety is higher than other groups, taking steps to end the stigma of mental health issues and treatment is a step in the right direction. The Law Student Well-Being Survey confirmed an already widespread belief within the legal profession that law students and lawyers continue to struggle with substance use disorders and other mental disorders. The survey showed that more than one in six law students tested positive for depression and nearly one in four for anxiety. Florida Bar YLD is proud to launch the #StigmaFreeYLD initiative to end the stigma of mental health and mental illness in our profession. With this initiative, we want to show that the fight against mental illness is not a weakness, but a sign of strength. We know that MA is a problem in the legal profession, but it is not widely discussed. Marie[xi], a successful lawyer with more than seven years of experience in special education, had spoken openly about her mental health diagnoses with her boss. However, when Mary had concerns about the wording of a legal document, her boss dismissed it as “just your fear.” His boss`s condescending attitude sounded like “a slap in the face.” “I am proud of my skills as a lawyer,” said Marie. “I felt fired [because of my MI].” Untreated mental illness and addiction has adverse consequences in terms of impaired cognitive abilities, inability to meet client needs, neglect in cases, misconduct and, in some cases, misuse or mismanagement of funds.
Know that there is help for law students and lawyers struggling with mental health and addiction issues. “At some point in their careers, 11.4 percent felt that suicide could be a solution to their problems,” Buchanan said. Task force members were surprised to learn how much drug use and abuse, depression and anxiety affected young lawyers. “The younger the lawyer, the higher the rate of impairment,” Buchanan said. “The good news is that the older the lawyer, the lower the rates of depression and substance use.” The stigmatizing questions were eventually removed from the lawyer`s request. Despite progress, the stigma of MI remains a concern for Tennessee law students. “Anxiety and depression took a toll on my experience at law school,” says a law student from Tennessee. “It was exhausting to face life while sticking to a proper schedule. Seeing how others are doing better makes the situation even more difficult to deal with.
Dr. Kimberly Brown urges people with MI symptoms to seek treatment at the first sign of a symptom, rather than waiting for symptoms to become overwhelming. Treatment doesn`t have to be a long-term process, notes Dr. Brown; Individuals can see real progress in just a few weeks. The Tennessee Lawyer Assistance Program (TLAP) provides free counseling, interventions, and accepts anonymous referrals to educate and guide members of the legal profession on the help they need. [xvi] Contact TLAP at www.tlap.org/. Not surprisingly, advocates in the 2016 ASAM study reported high rates of MI and MI-related symptoms. The most common mental illnesses reported by lawyers were general anxiety (61.1%), depression (45.7%), social anxiety (16.1%), attention deficit hyperactivity disorder (12.5%), panic disorder (8.0%) and bipolar disorder (2.4%).
[x] LexisNexis® and Bloomberg Law are third-party online distributors of ALM`s extensive collection of current and archived versions of legal news publications. LexisNexis® and Bloomberg Law clients may access and use ALM content, including content from the National Law Journal, The American Lawyer, Legaltech News, New York Law Journal and Corporate Counsel, as well as other sources of legal information. These numbers paint a bleak picture of the health of lawyers, which raises the question of what can be done about it. “We need to try to change the culture of advocacy,” Coyle said. The Task Force developed 44 practical recommendations for various legal actors such as judges, regulators, law firms, law schools, bar associations, professional liability providers and lawyer support programs to change the culture and debate about lawyer well-being. Helping others is the main reason why many choose the field of law. However, rates of anxiety and depression among lawyers remain high. [xiv] Where do lawyers go for advice to better advise others? Another devastating discovery is the culture of secrecy surrounding substance use among law students. “Law students are not going to ask for help,” Buchanan said. “They are afraid that someone will find out they have a problem, which will prevent them from being accepted into the bar or finding a job.
It`s really about the stigma attached to this issue. “How can we change the company culture to make it more rewarding and productive for everyone involved?” Coyle asked, adding that despite the major challenges facing the task force, there are also great opportunities to improve the lives of lawyers and law students. To eliminate the stigma surrounding mental health, we must strive to trivialize seeking mental health help. We would never condemn someone for seeking the knowledge of a chest pain doctor; Seeking mental health help should be no different. Just as working on a construction site can lead to persistent physical pain over time, lawyers are subject to demanding deadlines and complex issues with life-changing consequences that impact the brain. Seeking help from a doctor for our body`s control center should not be looked at more closely than seeking help for the body itself. “If more people talked about MI, they would realize how common it is,” notes Kathy Flaherty. “Pretending it`s not there doesn`t benefit any of us.” To that, we say, what if competitors think the firm is full of “crazy lawyers”? Such statements only serve to further stigmatize psychological help or addiction treatment. Instead, companies should welcome the opportunity to step in and help their “crazy lawyers” before their problems escalate. With local mental health services, Biglaw firms could have fewer “crazy lawyers” and more “stable, well-adapted lawyers.” The Task Force was formed in response to both studies, and the group`s report, “The Path to Lawyer Well-Being: Practical Recommendations for Positive Change,” was released in August 2017. This innovative initiative by the Lawyer Assistance Programs Commission, the National Bar Lawyers Organization and the Professional Liability Lawyers Association mandates the group to “create a movement to improve the health and well-being of the legal profession.” The task force, made up of nonprofit groups including law professors and deans, law students, lawyers, judges and lawyers, was created in response to two studies published in 2016: Perhaps most importantly, we are shedding the shame and secrecy of MI and openly supporting ourselves and others who suffer from MI or related symptoms. “Talking publicly about ME means normalizing it and prioritizing your health,” says Marie, a successful lawyer who struggled with trust issues after her boss used her fear to address concerns about a legal document.
“It`s normal to use a sick day for your mental health.” Lawyers spend so much time working in their own area of law that they might forget that they also have legal protection. Beyond the above resources, there are remedies available for lawyers with MI who feel discriminated against. There are two main protective shields for those who may have experienced MI stigma: the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA).