Lawyer Wellness in Family Law PRESENTERS Judge Randall M. Blow No biographical information provided. Ameet I. Habib Ameet I. Habib joined Wolcott Rivers Gates in May 2013. Mr. Habib received his J. D. from Cleveland State University, Cleveland-Marshall College of Law and was admitted into practice in Virginia in 2007. He is a skilled litigator with more than six years of experience who concentrates his practice in the areas of divorce, custody, child support and visitation. Prior to joining our firm, Mr. Habib was a staff attorney with the Legal Aid Society of Virginia. As a staff attorney for Legal Aid, Mr. Habib successfully represented numerous clients in the General District, Juvenile and Domestic Relations and Circuit Courts in Norfolk, Virginia Beach, Chesapeake, Portsmouth, Hampton, York County and Accomack County. Mr. Habib also has experience in the United States Supreme Court as he was one of two legal externs selected to work in the Office of the Clerk of the United States Supreme Court. Justice William C. Mims Mims served as deputy legislative director to U.S. Senator Paul S. Trible Jr. from 1983 to 1985, and as chief of staff to Congressman Frank R. Wolf from 1985 to 1987. He practiced law in Leesburg, Virginia from 1987 to 2005. He was a distinguished adjunct professor of law, teaching Virginia Evidence, at George Mason University School of Law (now Antonin Scalia Law School) from 2002 to 2005. He briefly was a partner in the Hunton & Williams law firm in 2010, prior to joining the Supreme Court. Mims was elected to the Virginia House of Delegates in 1991 and the Senate of Virginia in 1998, serving a total of 14 years. While in the General Assembly, he also served as chair of the Virginia Housing Commission and the Virginia Code Commission and vice-chair of the Joint Commission on Health Care. His legislative accomplishments included creating the Virginia The biographical information is provided by the speakers or collected from their websites. Higher Education Tuition Trust Fund (now called Virginia 529). He also sponsored numerous successful bills relating to the rights of crime victims, improving traffic safety, and reforming mental health policies. Attorney General Robert F. McDonnell appointed Mims as chief deputy attorney general in January 2006. He was responsible for the day-to-day operations of the Office of the Attorney General, with more than 300 attorneys and staff. In that role, he also coordinated Virginia’s legal response to the Virginia Tech shooting, including the mediated settlement of all but two liability claims, and the re-regulation of Virginia’s electric utilities. When McDonnell resigned as attorney general to run for governor, the General Assembly unanimously elected Mims to complete McDonnell’s term. The General Assembly unanimously elected Mims to the Virginia Supreme Court on March 10, 2010. He took the oath of office on April 1, 2010. The 100th justice in the history of Virginia, Mims filled a vacancy created by the retirement of Justice Barbara Milano Keenan upon her appointment to the United States Court of Appeals for the Fourth Circuit. Mims has served in numerous capacities relating to improving mental health and foster care policies. These include service on the boards of Voices for Virginia’s Children, the Richmond Behavioral Health Authority, and the Virginia Health Care Foundation, and on the Commission on Mental Health Law Reform. He has served on the Board of Governors of the Virginia Bar Association. He is an elder at his church. He frequently authors “Faith & Values” guest columns for the ‘’Richmond Times-Dispatch’’, and speaks often throughout Virginia on the topics of justice and servant leadership. Mims has received an honorary degree from Bridgewater College, the William B. Spong Award from William & Mary School of Law, and the Outstanding Eagle Scout Award from the National Association of Eagle Scouts. He has delivered the Madison Vision Series lecture at James Madison University and the Convocation address at the College of William & Mary. Mims is married to Jane Mims. They have three adult daughters, two sons-in-law, and four grandchildren. An avid marathoner and occasional ultra-marathoner, he ran in the 2013 Boston Marathon and crossed the finish line shortly before the two bombs exploded. Dr. Leah L. Nathan, PhD. No biographical information provided The biographical information is provided by the speakers or collected from their websites. Lawyer Wellness in Family Law January 25, 2019 | Williamsburg Lodge | Williamsburg, VA CONTINUING Written Materials LEGAL EDUCATION A presentation of The Virginia Bar Association’s Domestic Relations Section LAWYER WELL-BEING Family Law Section of the Virginia Bar Association January 25, 2019 Presenters: Justice William Mims Judge Randall M. Blow Dr. Leah Nathan Authors: James Kent American Inn of Court Cheshire I’Anson Eveleigh Naveed Kalantar Ameet I. Habib Materials courtesy of: American Bar Association Committee on Lawyer Well-Being of the Supreme Court of Virginia Anne M. Brafford I. INTRODUCTION In recent years, there has been an increased focus on the affects that law practice can have on lawyers. In August of 2017, the National Task Force on Lawyer Well-Being issued a report, The Path to Lawyer Well-Being, (the “Report”) based on its review of studies conducted in 2016.1 The studies in the Report found that 21 to 36 percent of practicing lawyers qualify as problem drinkers, 28 percent suffer from depression, 19 percent suffer from anxiety and 23 percent suffer from stress.2 What was surprising was that not only were attorneys affect, but also law students experience the same problems and struggles. 3 According the report, 17 percent of students experienced some level of depression.4 According to the report, 14 percent of law students experience severe anxiety, while 23 percent suffered from mild to moderate anxiety.5 The percentages of alcohol abuse was even greater.6 42% of students needs help for 1 National Task Force on Lawyer Well-Being: Creating A Movement to Improve Well-Being in the Legal Profession, August 14, 2017. 2 Id. (citing P.R. Krill, R. Johnson. & L. Albert, The Prevalence of Substance Abuse Use and Other Mental Health Concerns Among American Attorneys, 10 J. ADDICTION MED. 46 (2016)). 3 Id. (citing J.M. Organ, D. Jaffe, & K. Bender, Suffering in Silence: The Survey of Law Student Well-Being and the Reluctance of Law Students to Seek Help for Substance Abuse and Mental Health Concerns, 66 J. LEGAL EDUC. 116 (2016). 4 Id. 5 Id. 6 Id. mental health issues, but only slightly under 50% sought any treatment for their condition.7The Report not only addressed the problems that the studies revealed, but also addressed possible steps that can be taken by the bar and individual attorneys to combat the problems facing lawyers today related to lawyer wellness. After the Report came out, the ABA adopted Resolution 105, in which it urged the legal profession and entities employing lawyers to consider the recommendations set forth in the The Path to Lawyer Well-Being.8 Resolution 105 provides a brief synopsis of the Report, gives an easy to follow bullet list of the overall recommendations, as well as a bullet list of recommendations for each applicable category of specific stakeholders.9 Next, the Supreme Court of Virginia, under the guidance of Chief Justice Lemons, responded with its report, A Profession at Risk: Report of the Committee on Lawyer Well-Being of the Supreme Court of Virginia.10 Based on the findings and recommendations in the Task Force’s report, along with its own examination of existing programs and procedures in Virginia, the Supreme Court of Virginia’s report includes recommendations for the Commonwealth to improve lawyer well-being.11 The purpose of this CLE is to look at how to recognize a potential problem facing an attorney, identify resources that might assist an impaired attorney and educate the attendees on their ethical duties if they encounter an impaired attorney, whether within their own firm or not. Recognition There can be different types of impairment that attorneys may face and it is important to distinguish them so that we can recognize them. Cognitive Impairment These are some common indicators of cognitive impairment: Attendance problems o Late o Leaving early o Taking long lunches and/or not returning from lunch o Missing appointments or court hearings o Taking frequent days off without good reason Performance problems o Poor concentration o Unprepared for court 7 Id. 8 ABA Resolution 105 9 Id. 10 Supreme Court of Virginia, 2018 11 Id. o Missing statutes of limitations deadlines o Missed deadlines o Poor judgment o Doesn’t return phone calls o Complaints from clients and staff o Blaming others for their mistakes o Difficult with recall o Requests for extensions without good cause General behavior and attitude problems o Avoidance of others and of the office o Problems with superiors o Temper tantrums o Rapid mood swings o Falling asleep at work Mental Illness The following signs are common indicators of depression and/or anxiety: o Change in appetite: Overeating or appetite loss o Feelings of hopelessness and/or pessimism: “I can’t do anything right,” denial of any problem, highly defensive, believes/feels others are “out to get” him/her. o Feelings of guilt, worthlessness and/or helplessness o Irritability and restlessness. o Loss of interest in activities or hobbies once pleasurable o Decreased cognitive function: Difficulty concentrating, remembering details and making decisions. o Suicidal Ideation: Thoughts of suicides or suicide attempts. Substance Abuse The following signs are common indicators of substance abuse problems: o Changing Appearance: Serious changes or deterioration in hygiene or physical appearance – lack of showering, slovenly appearance, unclean clothes.