Factors related to substance abuse and mental health disorders in the legal profession
The work culture among attorneys, heavy workloads, stress from working with clients to resolve client issues, personal and family issues, and concurrent psychological illness all lead to heightened potential for substance abuse in the legal profession. Furthermore, the acceptance and prevalence of alcohol use among attorneys for both socialization and to increase business facilitate abuse of alcohol. For many years, the work culture in many law offices was highly permissive of drinking, both with colleagues and clients, including celebrations for winning cases or to relax at the end of the day. Tolerance, concealment, and enabling the use of alcohol by coworkers may unintentionally contribute to drinking problems.
Stress is another major contributing factor in the legal profession contributing to substance abuse and mental health issues. Tight deadlines, high workloads, long hours, and pressure to win cases/obtain favorable outcomes for clients contribute to the stress in this profession, which can take a toll on an attorney's mental health. Work related burnout is also correlated with drug and alcohol abuse.
How prevalent are substance abuse and mental health issues among attorneys?
Little empirical research had been conducted to determine the prevalence of various mental health and substance abuse issues in the legal profession in the past few decades, and little has been done to address these serious issues until recently. In 2014, due to growing concerns with substance abuse and mental health issues amongst attorneys, the ABA's Commission on Lawyer Assistance Programs and the Hazelden Betty Ford Foundation commissioned a study of 12,825 attorneys across 19 states entitled "The Prevalence of Substance Use and Other Mental Health Concerns Among American Attorneys". Their research found that 21 percent of lawyers drink at levels consistent with an alcohol use disorder, as compared to 15 percent of physicians who abuse alcohol. Furthermore, the study found that 28 percent of attorneys have depression and 19 percent have symptoms of anxiety. The highest incidences of these issues are among attorneys in their first ten years of practice. Krill, Patrick R., JD, et al. "Prevalence of Substance Use and Other Mental Health Concerns Among American Attorneys." J. Addict. Med.; Vol. 10, No. 1, January/February 2016.
Another study, entitled "Suffering in Silence," was a report based upon a survey of law students' use of drugs, alcohol, and their inclination to seek help. The study involved 3300 students at 15 different law schools. Organ, Jerome, M., et al. "Suffering in Silence: The Survey of Law Student Well-Being and the Reluctance of Law Students to Seek Help for Substance Use and Mental Health Concerns."Journal of Legal Education, Volume 66, Number 1 (Autumn 2016). The study found that between one quarter and one third of students reported frequent binge drinking, drug use, and/or mental health issues. The study also found that one quarter were at risk of alcoholism, 17 percent suffered from depression, 14 percent had severe anxiety, 23 percent had mild to moderate anxiety, and six percent had suicidal thoughts within the prior year. The study also found that the longer students were in law school, the more anxious they became and the more alcohol they drank.
These studies showed that attorneys and law students who recognized that they had problems were unlikely to seek help due to threats to academic or job status, potential removal or threat to bar admission, social stigma, and believing that they were able to handle the issues themselves.
Impact of substance abuse and mental health disorders
Substance abuse and mental health disorders have broad impact on the legal profession. Impaired attorneys are a risk to themselves, their families, clients, and the profession of law. Impairment may lead to days missed from work, inability to competently perform work as an attorney, interpersonal issues, suicide, and undermines the confidence of the public. Forty to seventy percent of disciplinary proceedings and malpractice actions against attorneys involve substance abuse.
ABA's National Task Force on Lawyer Well-Being: Creating a Movement to Improve Well-Being in the Legal Profession
The task force was created in August 2016, by the ABA's Commission on Lawyer Assistance Programs, the National Organization of Bar Counsel (NOBC), and the Association of Professional Responsibility Lawyers (APRL). It includes the ABA CoLAP; ABA Standing Committee on Professionalism; ABA Center for Professional Responsibility; ABA Young Lawyers Division; ABA Law Practice Division Attorney Wellbeing Committee; The National Organization of Bar Counsel; Association of Professional Responsibility Lawyers; National Conference of Chief Justices; and National Conference of Bar Examiners. In August 2017, the Task Force published "The Path to Lawyer Well-Being: Practical Recommendations for Positive Change."
This 73 page report provides a comprehensive plan for improvement of the mental health of attorneys. The five central themes of the report are "(1) identifying stakeholders and the role each of us can play in reducing the level of toxicity in our profession, (2) eliminating the stigma associated with seeking help, (3) emphasizing that well-being is an indispensable part of a lawyer's duty of competence, (4) educating lawyers, judges and law students on lawyer well-being issues and (5) taking small, incremental steps to change how law is practiced and how lawyers are regulated to instill greater well-being in the profession." Furthermore, in 2017, the ABA's House of Delegates adopted a resolution urging law firms, law schools, bar associations, and regulatory agencies to take action to address high rates of substance abuse and mental health issues.
Nevada has and continues to offer support to attorneys facing substance abuse and mental health issues. Since 1985, attorneys in Nevada have been able to contact Lawyers Concerned for Lawyers. This program is confidential and available at no charge. Nevada also offers the Nevada Lawyer Assistance Program, which was created by the State Bar of Nevada in 2013, to provide clinical services to attorneys suffering from substance abuse and/or mental health issues. More information on these programs can be found at https://www.nvbar.org/member-services-3895/nlap/lcl and https://www.nvbar.org/memberservices-3895/nlap/, respectively.
Originally published by Clark County, Nevada, Communiqué.
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