This article discusses the topic of suicide, which may be upsetting to some people.
The recent tragic death of Cheslie Kryst once again highlights the mental health crisis in our community, especially the legal community. Her death demonstrates that success does not correlate to positive mental health - in fact, it sometimes negatively correlates. Lawyers and medical professionals lead all other categories of occupations for being the most vulnerable to suicidal thoughts. According to the American Psychological Association, attorneys are 3.6 times more likely to suffer from depression.
Citing a 2016 study in the Journal of Addiction Medicine, 20.6% of attorneys scored at a level consistent with problematic drinking. Levels of depression, anxiety and stress were also significant, with 28%, 19% and 23% experiencing symptoms of depression, anxiety and stress, respectively. Based on these statistics, more than one in four of us suffer from significant depression.
Rachel Fry is a clinical psychologist in Birmingham, Alabama, who often works with lawyers. She wrote, “Lawyers tend to score higher in pessimistic thinking, which often results in higher success rates and becoming a better lawyer. However, this type of thinking is also highly correlated with depression.” In other words, what makes you a better lawyer can also predispose you to depression.
Recognizing Fry’s work, the American Bar Association recently penned, “Lawyers are expected to work—and be successful— in adversarial situations. They have unpredictable schedules, and they often lack tools to deal with stress. All of this predisposes them to chronic stress and/or depression. Lawyers are also expected to be the ultimate problem-solver. Fry says she often hears lawyers say that the expectation is that they are ‘a superhero’ with no room for error or humanness.”
For the past several years, I have served on the Disciplinary Hearing Commission for the State Bar. This is the tribunal that hears issues regarding attorneys who have allegedly committed unethical conduct. Much of the evidence of lawyer misconduct that we hear is directly attributable to depression, addiction or other mental health issues.
Several years ago, the State Bar recognized the need for mental health assistance for attorneys across the state. The State Bar operates a program now known as the Lawyer Assistance Program to confidentially help lawyers assess and manage their mental health conditions. Here’s the problem. Most of us are tragically too proud (or stubborn) to seek help – perhaps until it is too late, and a license is lost, or even worse - a life. One is too many.
In 2016, the ABA Commission on Lawyer Assistance Programs and the Hazelden Betty Ford Foundation released a study entitled, The Prevalence of Substance Use and Other Mental Health Concerns Among American Attorneys. As part of the study, participants were asked to identify the biggest barriers to seeking treatment or assistance. Fear of being “found out” or stigmatized was the overwhelming first choice response. The study also revealed that while 84% of lawyers indicated awareness and knowledge of lawyer assistance programs, only 40% indicated that they would be likely to utilize the services of such a program.
LAP provides free, confidential assistance to lawyers, judges and law students. The program provides both formal and informal mental health and substance abuse assessments. LAP refers lawyers to appropriate therapists and to the counselors, treatment centers, psychiatrists, career counselors, physicians and other health care professionals who are best suited to assist each lawyer with his or her particular issue. Follow-up counseling is also provided.
The good news is there can be successful treatment. Many years ago, a close attorney friend disclosed to me that he was an alcoholic and his practice was in shambles. He enrolled in a 30-day treatment program while I helped him untangle his legal practice. He went on to become a successful lawyer and devoted husband. The point here has nothing to do with my role, but my friend’s willingness and bravery to recognize a problem and ask for help.
While it is important to acknowledge our own foibles, we should also look for telltale signs of mental health issues in our brothers and sisters. Some of those signs might include:
• Frequent absences or tardiness.
• Failure to show up to meetings on time and other attendance issues.
• Failure to timely return phone calls.
• Failure to meet deadlines.
• Mistreatment or disrespect of colleagues or staff.
• Irrational responses to insignificant matters.
When you observe this behavior, overcoming your reluctance and anxiety to ask someone about your suspicions might save a life.
“The epic story of tomorrow can’t be written if it ends today.” — Unknown
You can contact the North Carolina Lawyer Assistance Program by calling 704/910-2310 or going to their website: NCLAP.org.