Emily made partner last year. She enjoys a spectacular city view from her office
windows--when she takes the time to look out. She has everything she has always wanted, yet
feels enervated and guilty about not enjoying her success.
Edgar graduated from law school four years ago. He took a temporary job at a hardware
store while looking for legal work, but his last employment interview was two years ago. He still
works at the hardware store. Edgar feels hopeless and worthless.
Studies show that lawyers are more likely to be depressed than other professionals. I
regularly see depression in the lawyers I counsel through the Washington State Bar Association's
Lawyers' Assistance Program. Depression is often associated with feelings of loss, isolation,
powerlessness and hopelessness. What is it about the law that causes this state of depression?
What makes the law so hazardous to the health?
Three environmental factors
Law is a largely adversarial enterprise in which the winner takes all. Barbara Harper,
director of our Lawyers' Assistance Program, believes it is often this adversarial attitude that
contributes to depression. When lawyers relate continuously to the world in an us-versus-them/win-or-lose mode, interpersonal problems are inevitable.
In his 1994 book, The Soul of the Law, psychotherapist and lawyer Benjamin Sells notes
that his lawyer-clients frequently experience problems in maintaining close relationships. They
are so into the habit of arguing that it's hard to break out of it when they're with family, friends
and colleagues. The interpersonal distance created by this fundamental disconnectedness often
engenders feelings of isolation and misunderstanding. Sells calls litigation's fixation on winning
"psychologically corrosive."
Another attribute of the law is what Sells calls the "tyranny" of the rational, objective
mind. Lawyers must leave their feelings, beliefs and preferences out of their work. If a lawyer's
world view differs greatly from the cause being advocated, an internal split can occur. This
degree of objectivity and detachment may lead to feelings of isolation from the true self and
others.
A third attribute of the law is its hierarchical nature. Law schools are rife with
competition to earn the best grades and win the top jobs. Those who land in firms must then bill
the most hours, make partner, lure the most (and richest) clients, and win the biggest judgments.
In recent years, the pressure to produce and compete successfully for clients has intensified as
business loyalties shift and the number of lawyers grows. Failure to meet ever-rising standards
equates with professional mediocrity and a loss of prestige and power.
Personal factors
Disillusionment with the practice of law is a common precursor to depression. It occurs
when expectations don't match perceptions of reality. Despite modern cynicism, many lawyers
have entered the law to help others, that is, "save the world." Some become lawyers for the
financial rewards; others expect intellectual stimulation; and still others just like the idea of
calling themselves lawyers--all goals easily thwarted in today's changing legal climate.
Many older lawyers complain that practicing law just isn't fun anymore. Younger
lawyers looking for jobs or those who are underemployed, struggle under the burdensome debt of
student loans. Increasing competition results in more specialization, so many lawyers find
themselves churning out work that is no longer challenging. All of these factors result in a loss of
personal vision.
Another occupational hazard for lawyers is the failure to honor body and soul. The
pressure to bill thousands of hours can persuade the lawyer that there's no time for anything but
work. Taking on others' problems and dealing with deadlines requires listening to everyone, but
often neglecting one's self. Busy lawyers tend to neglect activities that nature has designed to
nourish parts of the body other than the mind: nutrition, exercise, rest, recreation and the
maintainance of relationships. Alcohol and other drugs (including caffeine) may become a quick
fix for the symptoms of an impoverished spirit.
Likewise, reliance on money can entrap successful lawyers. They may realize they dislike
their work but can't quit because of their inflated lifestyle. A person boxed in by financial
obligations often feels powerless to change. Those who want a life apart from work struggle with
the decision to leave the law. Some lawyers leave altogether; others change practice areas or
settings to better suit their values.
Law school
Studies suggest that law students are four times more likely to get depressed than the
general population.1 Sells points out that law school isolates students from the rest of the world
by training them to view human problems objectively, intellectually and impersonally. Students
feel reassured when their legal skills give them tools to solve others' problems, but those same
skills prove useless in confronting their own feelings. Graduate students in other fields, such as
medicine, are known to experience similar levels of depression during their training. But while
these levels in other professions return to the national average, the level of lawyers' depression
remains constant throughout their careers because the insidious internal processes that started in
law school are perpetuated throughout the practice of law.
Humiliation and defensiveness is one of these processes. Barbara Harper believes that
defending against humiliation becomes a way of life for lawyers reminiscent of adolescent self-consciousness and the need to look good. She tells of watching a group of nicely dressed young
lawyers who were drinking at a fashionable restaurant and loudly bragging to one another about
their legal exploits. She could sense the feelings of powerlessness and fear underlying the
arrogant behavior. This contributes to depression.
And what about the rate at which law schools are pumping out new graduates? In the
state of Washington alone, 1,047 new lawyers were licensed in 1997, adding pressure to an
already competitive job market. Many of these new lawyers are unable to find employment, so
they go solo--something most law schools have not prepared them for. Sometimes they take non-lawyer positions that preclude them from future legal employment.
What are law schools thinking? Are they aware that the current supply exceeds the
demand? Are they communicating this fact to eager applicants? Are they informing students of
the emotional price they are likely to pay as they learn and practice law? In all fairness, many
graduate schools, including psychology programs, are guilty of oversupplying a dwindling
market, probably for similar economically driven reasons. Certainly, law schools bear some
responsibility for the current and future psychological climate of the profession.
While it's true that there are many things lawyers can do to clean up their lifestyles, Sells
sees their task as more fundamental. He encourages them to live lives that are "ordinary" in the
sense that they remain in touch with the needs of the soul: savoring everyday sights, sounds,
smells; reconnecting with passions deeply felt; being "erotically attached to the world."
Emily and Edgar already know how to work hard. Now they need to reintegrate. The big
players--law firms, government agencies, law schools--must transform their environments into
places where whole human beings can thrive. Afterall, law needn't be hazardous to the health.
The author is a psychotherapist with the Washington State Bar Association's Lawyers'
Assistance Department. She has a Ph.D. in counseling psychology and is a licensed psychologist.
The Washington program, which is 10 years old, employs mental health professionals to counsel
lawyers experiencing such problems as depression, substance abuse, and career concerns.
Nerison is one of three psychotherapists on staff.
1 "Lawyer Distress: Alcohol-related problems and other psychological concerns among a sample
of practicing lawyers," by Beck, Sales and Benjamin, Journal of Law and Health, 1995-1996,
Volume 10, Issue 1.
