Thursday, September 23, 2021

Prioritizing Mental Health in the Legal Profession

             It is very hard for me to explain law school to people who have never gone, or have never had any experience with the legal profession. Sure, I can explain the hundreds of pages I read a week, the 7500-word seminar paper I am writing, and my numerous extracurricular activities, but that only scrapes the surface. Only my classmates, professors, and lawyers that I work for truly understand the physical, mental, and emotional toll that law school has on a person.

            Imagine then, that this toll does not evaporate at graduation, but instead multiplies and carries over into your career as a lawyer. In school, you were worried about exams, advocacy competitions, and meeting deadlines - which are all incredibly important. But now, as a lawyer, the day-to-day decisions you make can completely alter the lives of the clients you serve, forever changing them, and not always in a positive way.

            You would think, given the extreme amount of stress and pressure that is placed on law students and lawyers alike, there would be a safety net to ensure that stress, anxiety, and burnout do not consume their lives. Sadly however, this is a slowly progressing area, battling the stigma that comes with mental health and asking for help. Many law students and lawyers battle mental health issues, but either do not seek help, or are afraid that disclosing their problems will adversely affect others perceptions of them and their capabilities, and ruin their reputation as a lawyer

            To illustrate my point, and to show that this is a nationwide issue, here are some statistics from the Dave Nee Foundation:

  •  Depression among law students is 8-9% prior to matriculation, 27% after one semester, 34% after 2 semesters, and 40% after 3 years.
  • Stress among law students is 96%, compared to 70% in med students and 43% in graduate students.
  • Entering law school, law students have a psychological profile similar to that of the general public. After law school, 20-40% have a psychological dysfunction.
  • Lawyers are the most frequently depressed occupational group in the US.
  • Lawyers rank 5th in the incidence of suicide by occupation.

These statistics should shock and worry you. As a law student, they certainly concern me, both for myself and my fellow classmates. As I said above, the recognition of mental health issues are slowly being integrated, but the stigma around them continues and makes it hard for people to come forward.

The stigma not only makes it hard for lawyers to ask for help, but it can actually turn away prospective law students from even applying to school. In my Public Health Seminar, a fellow student shared that she knew people who simply didn’t apply because schools and even the Florida Bar ask about any previous or current mental health issues. When applying for the Character & Fitness evaluation on the Florida Bar the application asks whether if, in the last 5 years, you have been treated for or experienced: schizophrenia or any other psychotic disorder, a bipolar disorder, or major depressive disorder that has impaired or could impair your ability to practice law?

That is a heavy question, and I could certainly understand why it would cause concern for some people, who fear if they disclose mental health treatment this will then inhibit them from following their dreams of becoming a lawyer. It goes back to the problem of viewing mental health as a taboo topic, and if you struggle with it you are an outlier, when in fact that is not the reality at all.

So how do we change the narrative? Well, luckily in 2019, the Florida Bar revised its mental health questions in order to help the prevalence of students avoiding seeking/disclosing treatment due to the application questions. In addition to that, mental well-being and lawyer health needs to be prioritized in all law schools, law firms, and bar associations to help destigmatize mental health issues as well as provide adequate resources to help those that are struggling. In 2020, the Florida Bar added one of those resources by opening a mental health hotline for eligible bar members to seek crisis intervention or a referrals. (833-351-9355). 

There has also been a push for law firms to offer free counseling, especially for those lawyers who are in practice areas with emotionally demanding work like homicide, child abuse, and human rights issues. Additionally, lawyers are speaking up about changing the culture of law firms themselves to have a focus on wellbeing in addition to growth, productivity, and success. This is proving to have some success. According to The Conversation, “The charity LawCare, which provides a helpline for legal professionals to discuss issues of well-being, has seen an increase in the number of calls to their service in recent years – an 11% increase from 2016-2017 and a further 5% increase from 2017-2018.”

These are all positive trends and I hope that they will continue and grow. I am thankful that Stetson provides us with a number of mental health and support resources, and that several of my professors have made it a reoccurring topic of discussion in class. It is my hope that my colleagues and I can forge a new path for all current and future lawyers where mental health is treated as normally as having a headache or allergies. Not something to be afraid of, but rather something that needs treatment, care, and understanding.

 Until we recognize how common mental health issues are, and that there is no reason for them to be taboo, we will not be able to destigmatize them and help those who truly need it - but have been made to feel too afraid to admit it or ask for help.

***The thoughts and opinions in this blog are entirely my own. I have attributed any outside material that I gathered to the sources below. If you or someone you know is struggling with a mental health issue, please reach out for help. (1-800-273-8255)***

Sources: https://www.mentalhelp.net/mental-health/hotline/

http://www.daveneefoundation.org/scholarship/lawyers-and-depression/#:~:text=Lawyers%20are%20the%20most%20frequently%20depressed%20occupational%20group,rank%205th%20in%20incidence%20of%20suicide%20by%20occupation.

https://www.floridalawstudentbrief.com/florida-board-of-bar-examiners-alters-mental-health-questions/

https://www.clio.com/blog/lawyer-wellness-mental-health/

https://www.stetson.edu/law/students/mental-health-and-support-resources.php

https://theconversation.com/the-legal-profession-has-a-mental-health-problem-which-is-an-issue-for-everyone-113224

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