Confronting the Epidemic of Mental Illness in the Legal Profession
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The Other Silent Killer: Confronting the Epidemic of Mental Illness in the Legal Profession Presented by James P. Carlon, Esq. 1 The Roadmap Identify the problem and its general causes Identify and analyze the particular issues of the legal profession as a causative factor Identify solutions CAUSES OF MENTAL ILLNESS • Hereditary Factors • Physical Trauma • Environmental Factors* Source WebMD https://www.webmd.com/mental-health/mental- health-causes-mental-illness#1 3 Symptoms Changing normal routine (i.e. eating and sleeping) Self-isolation* Mood swings Feeling trapped and hopeless about a situation Cognitive dysfunction Source: Mayo Clinic www.mayoclinic.org/diseases-conditions/suicide-symptoms Common Risk Factors • 1. Family History • 2. Stressful life situations* • 3. Alcohol or drug use • 4. Social Isolation and Lack of Relationships • 5. Traumatic Experiences Source: Mayo Clinic 5 Why are lawyers at such high risk for Mental Illness? Profession Specific Issues Vulnerable Population Preponderance of Common Risk Factors Lack of Emphasis on Mental Health and Wellness Toxic Policies Toxic People Lawyer Vulnerabilities Perfectionism Highly competitive Pessimism Validation seeking Client-focused life 8 Preponderance of Risk Factors Higher than average stress (1990 Johns Hopkins University Study examining more than 100 occupations showed lawyers 3.6 x more likely to be depressed than other occupations studied). 21% of licensed, employed lawyers qualify as a problem drinker(2016 Study-Hazelton Betty Ford Foundation and the American Bar Association) 9 Fear. Obligation. Guilt 10 Lack of Attention and Emphasis on Mental Health Problem of stigma exacerbated by business concerns Lack of readily accessible, or on-site counseling to employees and staff Seen as an outside problem Choose language Toxic Policies Toxic: “ Causing or capable of causing death or illness if taken into the body” Source: www.Meriam-Webster.com 12 The Prime Directive for Young Lawyers “Don’t focus on business development. Focus on doing excellent work for the partners that you’re working for. The firm is your client”. 13 The Bad Candy Bar “We don’t have a system in place to compensate associates for business generation but, don’t worry, it will be factored into your compensation”. 14 COVID-19 Issues De Facto Mandatory Attendance Policy Layoffs & Compensation Adjustments Disproportionate Impact 15 Other Toxic Policies • Arbitrary and capricious promotion policy (i.e. picking winners and losers) • Lack of regular and consistent enforcement of firm policies and standards • Non-interventionist policies for rule breakers • Broken leadership model Identifying Toxic People Judgmental Charming Inconsistent Jaded Confident Lack empathy Competent Entitled Charismatic Unstable Condescending Connected Tactics of Toxic People Apply different standards to different people Nitpicking and moving the goal posts Delegate with no instruction; then criticize Bait and Switch (emotional dysregulation) Praise then devalue Aggressive jabs disguised as jokes Blame everyone else Gaslighting Shaming Control Triangulation Criticize you for being too sensitive Source: Shahida Arabi: Power: Surviving and Thriving After Narcissistic Abuse 18 The Lifecycle of Toxic Abuse Discard Idealization Devaluation 19 Effect of Toxic Policies and Toxic People Direct impact on the physical, mental and emotional health of lawyers and staff (Green Kryptonite and Red Kryptonite) Cause excessive turnover substantially increasing recruitment spend Makes recruitment difficult Diminish character and reputation of a practice group department; business unit and firm Impact on continuity affecting client relations and your bottom line Potential legal exposure for emotional abuse in the workplace 21 Why are toxic policies and toxic people so prevalent in our Profession? Because they work (until they don’t) Business concerns Relationships with people in charge Lack of a negative incentive The “adynamic duo” Excuse Makers 23 Followers 24 A WORD ABOUT SUICIDE 25 National Suicide Rate (U.S.) From 1999-2017, the U.S. suicide rate increased from 10.5 to 14 suicides per 100,000 people. Suicide is the 4th leading cause of death for people ages 35-54 Suicide is the 10th leading cause of death overall Source: National Center for Health Statistics (NCHS Brief No. 330, November 2018) Common Risk Factors Previous suicide attempts Stressful life events Substance abuse Underlying psychiatric condition (i.e. anxiety and depression) Family history Chronic medical disease Source: Mayo Clinic www.mayoclinic.org/diseases- conditions/suicide-causes Change is Happening ADOPTED AMERICAN BAR ASSOCIATION ABA WORKING GROUP TO ADVANCE WELL-BEING IN THE LEGAL PROFESSION COMMISSION ON LAWYER ASSISTANCE PROGRAMS STANDING COMMITTEE ON PROFESSIONALISM NATIONAL ORGANIZATION OF BAR COUNSEL REPORT TO THE HOUSE OF DELEGATES RESOLUTION RESOLVED, That the American Bar Association supports the goal of reducing mental health and substance use disorders and improving the well-being of lawyers, judges and law students; and FURTHER RESOLVED, That the American Bar Association urges all federal, state, local, territorial, and tribal courts, bar associations, lawyer regulatory entities, institutions of legal education, lawyer assistance programs, professional liability carriers, law firms, and other entities employing lawyers to consider the recommendations set out in the report, The Path to Lawyer Well-Being: Practical Recommendations for Positive Change, by the National Task Force on Lawyer Well-Being. Law firms are taking action Some U.S. law firms are tackling mental-health issues head-on. They’re offering on-site psychologists, training staff to spot problems and incorporating mental-health support alongside other wellness initiatives. “We’re trying to eliminate some of the stigma around these issues,” said Tracee Whitley, the U.S. chief of operations at global law firm Norton Rose Fulbright. The firm has trained 20 U.S. employees to be mental-health first-aid responders, who can spot warning signs of addiction or mental-health concerns and offer assistance.” Source: Staci Zaretsky, “Some Law Firms Try to Eliminate Stigma from Attorney Struggling with Mental Health Issues” (https://abovethelaw.com/2017/05/some-law-firms-try-to-eliminate-stigma- from-attorneys-struggling-with-mental-health-issues/) May 22, 2017 On site resources The Therapist Down the Hall Cole Finegan was quoted in Law Week Colorado's article "The Therapist Down the Hall," which looks at the Hogan Lovells on-site counseling program. Read More: The Therapist Down the Hall Change is not universally applauded or adopted • Joseph Andrew, the global chairman of Dentons, said that while he applauded Hogan Lovells for having an on-site psychologist, the fear of offering such a service is that “our competitors will say we have crazy lawyers.” • Source: Staci Zaretsky, Some Law Firms Try to ‘Eliminate Stigma’ from Attorneys Struggling with Mental Health Issues, ABOVETHELAW.COM, May 22, 2017. The Healthy Workplace Bill −+ • 30 States and 2 Territories have introduced some form of The Healthy Workplace Bill. • Creates a negative incentive. • Helps make the business case for change. New York State Bill No. A03250 THE LEGISLATURE HEREBY DECLARES THAT LEGAL PROTECTION FROM ABUSIVE WORK ENVIRONMENTS SHOULD NOT BE LIMITED TO BEHAVIOR GROUNDED IN A PROTECTED CLASS STATUS AS REQUIRED BY EMPLOYMENT DISCRIMINATION STATUTES. N.Y.S. Bill No. A03250, cont’d. EXISTING WORKERS' COMPENSATION PROVISIONS AND COMMON LAW TORT LAW ARE INADEQUATE TO DISCOURAGE SUCH MISTREATMENT OR TO PROVIDE ADEQUATE REDRESS TO EMPLOYEES WHO HAVE BEEN HARMED BY ABUSIVE WORK ENVIRONMENTS. N.Y.S. Bill No. A03250, cont’d. THE PURPOSE OF THIS ARTICLE SHALL BE TO PROVIDE LEGAL REDRESS FOR EMPLOYEES WHO HAVE BEEN HARMED PSYCHOLOGICALLY, PHYSICALLY OR ECONOMICALLY BY DELIBERATE EXPOSURE TO ABUSIVE WORK ENVIRONMENTS; AND TO PROVIDE LEGAL INCENTIVES FOR EMPLOYERS TO PREVENT AND RESPOND TO ABUSIVE MISTREATMENT OF EMPLOYEES AT WORK. N.Y.S. Bill No. A03250, cont’d • “ABUSIVE CONDUCT" MEANS ACTS, OMISSIONS, OR BOTH, THAT A REASONABLE PERSON WOULD FIND ABUSIVE, BASED ON THE SEVERITY, NATURE, AND FREQUENCY OF THE CONDUCT, INCLUDING, BUT NOT LIMITED TO: REPEATED VERBAL ABUSE SUCH AS THE USE OF DEROGATORY REMARKS, INSULTS, AND EPITHETS; VERBAL, NON-VERBAL, OR PHYSICAL CONDUCT OF A THREATENING, INTIMIDATING, OR HUMILIATING NATURE; OR THE SABOTAGE OR UNDERMINING OF AN EMPLOYEE'S WORK PERFORMANCE. • IT SHALL BE CONSIDERED AN AGGRAVATING FACTOR IF THE CONDUCT EXPLOITED AN EMPLOYEE'S KNOWN PSYCHOLOGICAL OR PHYSICAL ILLNESS OR DISABILITY. N.Y.S. Bill No. A03250, cont’d A SINGLE ACT NORMALLY SHALL NOT CONSTITUTE ABUSIVE CONDUCT, BUT AN ESPECIALLY SEVERE AND EGREGIOUS ACT MAY MEET THIS STANDARD. "ABUSIVE WORK ENVIRONMENT" MEANS AN EMPLOYMENT CONDITION WHEN AN EMPLOYER OR ONE OR MORE OF ITS EMPLOYEES, ACTING WITH INTENT TO CAUSE PAIN OR DISTRESS TO AN EMPLOYEE, SUBJECTS THAT EMPLOYEE TO ABUSIVE CONDUCT THAT CAUSES PHYSICAL HARM, PSYCHOLOGICAL HARM OR BOTH. 39 What Can Firms Do? Institutionalize mental health awareness; end the stigma Identify and eliminate toxic policies Identity and eliminate toxic people (or neuter them) Adopt a strict, zero tolerance anti-bullying policy and reporting system Provide onsite, confidential resources to employees What can individuals do if they suspect someone is in trouble? Learn to spot the signs and symptoms of anxiety and depression in others. Walk up