Law Practice Today

"You don’t go to a lawyer because you’re having a good day."

The practice of law is a demanding profession. Clients are in crisis. Foreclosures and divorces are up; job, real estate, and financial markets are down.

Faced with the grim economic situation, lawyers increasingly find themselves dealing with loss--loss of retirement nest-eggs or bonus income or employment--extra fuel for the fires of depression and addiction. For the stressed or depressed lawyer, unwinding at the end of the day with a drink can become a frequent anticipation for soothing frazzled nerves. “Relax, have a drink,” is a supportive way to greet your spouse or significant other at the end of a bad day at the office.

The image of the hard drinking lawyer is a stereotype that has rooted in stories well known in cities and towns across the country. Dip a cucumber into pickling brine enough times, it becomes a pickle, but once a pickle, it never returns to being a cucumber. Whether alcoholism can be attributed to genetics, personality, or learned behavior, there are large numbers of lawyers who find themselves in trouble with alcohol which is hard to avoid at even local bar events.

Who gives a thought that an hour set aside with drinks and appetizers before the bar conference may cause even a moment of concern: alcoholics in recovery may hope they can safely socialize without jeopardizing their recovery while problem drinkers may hope they can drink moderately without creating a scene. For lawyers who don’t have a problem with alcohol, there is no problem with pre-conference cocktail-hour; they may forget to grab a drink before the conference begins. Not so the alcoholics—they probably will forget to grab something to eat! Building drug dependency in a social environment is more difficult for lawyers, but even the illegality of drug use and the danger of losing their license to practice law doesn’t keep them safe from developing an addiction.

Tough Times

Undoubtedly, tough economic times mean more spikes in the numbers of impaired attorneys needing to access resources for help. The problem is that many won’t. Not because of arrogance, but because the nature of addiction is insidious, impairing the ability to see life objectively. The denial is deep. Most lawyers don’t admit to having a problem because it runs contrary to their self perception. Alcoholism is a progressive disease with a negative stigma. It may be difficult to identify the early and mid-stage alcoholic who may still be a formidable opponent in court, because we don’t see the public drunk passed out clutching a paper bag. Until there are obvious physical problems, family problems, or professional problems as a result of alcoholism, it may be difficult to self-identify or attract identification as an alcoholic and get treatment.

It isn’t any easier for a lawyer suffering from depression to admit they need help. Depression is an under-diagnosed disorder. Of the estimated seventeen million who suffer from its symptoms, an estimated two-thirds do not receive treatment. The likelihood of a depressed attorney withdrawing further into a private world of pain can account for the increases in suicides in our profession. Concern by all of us is warranted. The major cause of suicide is untreated depression.

Ethics Complaints and Malpractice Claims

A letter marked “confidential” from the state bar association is not a mood booster. Depressed lawyers are frequently the subject of ethics complaints for not communicating with clients and neglecting legal matters. Alcoholic and drug abusing lawyers also get their share of ethics complaints for similar reasons. Some have been reported to the bar regulatory division by judges and opposing counsel. Malpractice claims can also be a problem as it is much easier to make a mistake or overlook a deadline when you are battling a disease of alcoholism, drug addiction, or depression. Lawyers may need assistance with the closure of their law office, even temporarily, due to impairment. It doesn’t have to come to this. Earlier identification and encouragement to seek treatment can enable the depressed lawyer, the alcoholic lawyer, the addicted lawyer to recover. This is a benefit to everyone involved.

Tough People

It is challenging for lawyers to maintain their personal balance dealing with clients in crisis when stressed by their own professional and personal crisis. Who are most pained by this challenge? The idealist lawyer. The perfectionist lawyer. The controlling lawyer.

The Idealist

The idealistic lawyer is very sensitive to injustice and often feels personally and overly responsible for what befalls the client. This is the inspired and inspiring lawyer who feels passionate about trying to right a terrible wrong. The idealist may have been attracted to the profession after watching wonderful movies such as “ To Kill a Mocking Bird”or “ Gideon’s Trumpet”, “Erin Brockovich”or “ Philadelphia ”.Saying no to potential clients with big problems is very difficult. There may be a disproportionate share of pro bono and reduced fees impacting the bottom line. This lawyer may be overworked with no support staff.

The Perfectionist

The perfectionist lawyer is focused on performance. Ranking is important. It started back in law school if not earlier. This is the super achiever who expends whatever time it takes to file the best brief or deliver the brilliant closing argument. Errors are unforgiveable. The perfectionist may feel unable to risk being underprepared and losing any opportunity to win the high esteem of clients, colleagues, and judges. This lawyer may suffer from hypertension and insomnia or from imperfect support staff.

The Controller

The controlling lawyer is driven to control outcomes, people, places, and things. This lawyer has a hard time delegating and letting go of the process of how something is done. No one can do “it” as well as they themselves can and settling for something done “haphazardly” keeps the controlling attorney overly involved in seemingly minor tasks. The controller may sometimes appear very inflexible and fussy. This is a common but difficult personality type to deal with, especially when the controlling lawyer is anxious or stressed. Just ask their support staff.

“Idealist? Perfectionist? Controlling? Hey wait, I resemble that remark!”

You may fit these personality types –“sometimes”--but then don’t most attorneys? These personality traits do tend to serve lawyers well in becoming successful in their career. If an inner voice just remarked, “Yeah, well success at what cost?” congratulations on having healthy instincts! These personality traits may lead to professional behaviors that can, over time, increase one’s susceptibility to substance abuse or episodes of depression. The risk increases if the lawyer is prone to cognitive distortions, such as all or nothing/black or white thinking, dwelling exclusively on a negative detail, over generalizing, personalizing, and succumbing to the word “should.”

To ask if these lawyers are coping doesn’t get to the problem: they may not be coping well or coping in healthy ways. To cope with the increasingly unmanageable stress levels, lawyers may find themselves over-using or misusing alcohol or drugs or binging on food or sex or Internet or shopping-- anything to make the pain go away, even for a little while.

In a profession already ranked number one in incidence of depression and suicide, it includes almost twice the percentage of alcoholics than that of the general population-- 15% to18% compared to 10% of the general population. There is reason to be concerned. The National Institute of Mental Health estimates that 15% of those who are suffering from a major depressive disorder and who are not treated or fail to respond to treatment will end their lives by suicide. A John Hopkins Study based on data collected during the 1980’s recession showed a sad correlation between economic factors with alcoholism and suicide. It is a time to pay attention.

As Chair of CoLAP Chair, Honorable Robert L. Childers, states in his address , “ Although data and intuition imply that unemployment and lack of hope, both common in recession, are correlated to addictive behavior, a cause and effect relationship cannot be automatically implied. The legal profession has previously reached number one in another Johns Hopkins study that ranks professionals in rate of depression and suicide. We are seriously concerned that these numbers will continue to increase.”

Learn to recognize the pain, even your own.

You may suspect that your friend or colleague is secretly using drugs because of behavior changes. Your friend or colleague may report binge drinking yet minimize the extent and the impact that alcohol is having. Your depressed friend or colleague may just become too busy to talk and withdraws from social interactions. If there is a lawyer you’re concerned about, remember it is important to be non-judgmental. There is likely too much shame and self-loathing. Remember that depression, alcoholism, and addiction are illnesses.

There is hope. Many lawyers are in active practice and maintain their recovery from alcoholism and addiction. Many successfully manage their depression and anxiety and their law practice. The willingness to do what it takes to recover is important. Treatment is important. Support is important. There is a strong fellowship among lawyers who are in recovery. To get in contact with support by lawyers for lawyers, contact your local bar’s Lawyer Assistance Program or the American Bar Association Commission on Lawyer Assistance Programs (CoLAP) hotline at (1-866-LAW-LAPS) for a referral to your local bar’s program.

There are self-assessment tests that can be taken online. When taking any type of self-assessment test, remember they merely help you to see if you have any of the symptoms. The test can’t give a diagnosis, but it can help you to determine the need to seek treatment if necessary. There are other diagnostic tools available to help you further assess a problem with alcohol, anxiety, depression or drugs. Talk to your physician to get help with determining if a problem exists. Or talk with an attorney counselor at your Lawyer Assistance Program.

Assessment and Resources

• ABA Commission on Lawyer Assistance Programs (CoLAP):
• Alcohol and drug use assessment—is it addiction? (Hazelden)
• CAGE Questionnaire, a four question screening for alcohol dependence:
• Drug Abuse Screening Test (DAST) for assessing addiction to non-alcohol drugs:
• Hazelden’s Alcohol Screening Questions based on the Alcohol Use Disorders Identification Test (AUDIT):
• Mayo Clinic Online Depression Self-Assessment test :
• Mayo Clinic Online Stress Self-Assessment test :
• Michigan Alcohol Screening Test (MAST) Revised is a 22-question test

Be Concerned

The problem of impaired attorneys does not need to reach the point of destruction of health, family, and career. You may suspect that your friend or colleague has a problem. You may even suspect you yourself have a problem. Self-rationalizing and denial make it difficult to be honestly accurate. Be concerned. Be well.