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Ethics/Professional Responsibility

Jun. 5, 2020

The pandemic’s impact on attorneys’ mental health

The COVID-19 global pandemic is something of a perfect storm for those with a history of mental health and substance abuse problems. The anxiety and isolation caused by the pandemic threatens to exacerbate already existing issues, while creating new problems for those struggling to adjust to our “new normal.”

Shari L. Klevens

Partner, Dentons US LLP

Phone: (202) 496-7500

Email: shari.klevens@dentons.com

Alanna G. Clair

Partner, Dentons US LLP

Email: alanna.clair@dentons.com

The COVID-19 global pandemic is something of a perfect storm for those with a history of mental health and substance abuse problems. The anxiety and isolation caused by the pandemic threatens to exacerbate already existing issues, while creating new problems for those struggling to adjust to our “new normal.”

Attorneys, in particular, face increased risks. The practice of law is demanding under any circumstances, but now many attorneys are facing increased stress due to health problems and new demands, such as caring for children or elderly family members, while at the same time handling work responsibilities. The increased stress can cause numerous health risks, including increased use of alcohol, tobacco and drugs. The U.S. Centers for Disease Control and Prevention has identified those risks as particularly prevalent due to the pandemic.

Such risks are compounded by the fact that attorneys, as a profession, were already vulnerable to substance abuse, anxiety and depression. In a study from a few years ago, the ABA Commission on Lawyer Assistance Programs, in collaboration with the Hazelden Betty Ford Foundation, concluded that “[a]ttorneys experience problematic drinking that is hazardous, harmful, or otherwise consistent with alcohol use disorders at a higher rate than other professional populations. Mental health distress is also significant.” The study further stated that the data “underscore[s] the need for greater resources for lawyer assistance programs, and also the expansion of available attorney-specific prevention and treatment interventions.”

Following that study, there was an increased understanding that mental health is a serious problem in the legal community. For that reason, many are concerned about the impact of the pandemic on attorneys already struggling to maintain their mental health. By recognizing the unique vulnerabilities faced by attorneys, lawyers and law firms may be able to address these issues in a pragmatic manner and help attorneys cope with stress, anxiety, fear, isolation and social distancing in the most healthful way possible.

Stay in Contact

Quarantines and other social distancing measures enacted to limit the spread of COVID-19 have resulted in the isolation of many attorneys from colleagues with whom they previously worked on a daily basis. Now, many attorneys and firms are trying not to fall prey to the “out of sight, out of mind” mindset. For both productivity and mental health purposes, it is especially important to stay connected with both clients and colleagues. Indeed, staying connected can help combat the negative impact of physical isolation and can help people stay on track with business goals to know that others are trying their best to maintain normalcy.

Another option is to consider creative ways (e.g., virtual meet-ups) to stay connected with colleagues and clients while subject to stay-at-home orders. Coordinating weekly video meetings with an agenda that includes both business and personal connections can help foster a sense of community. This approach can also help colleagues partake in the impromptu discussions that would typically occur in an office situation and can have a positive impact on morale. Seeing others via video chat can also help boost the moods of those participating and provide attorneys with opportunities to check in on colleagues if support is needed.

Utilize Bar Programs and Other Resources

There are a number of resources available to attorneys to address mental health and substance abuse issues. Given the unprecedented health crisis, the ABA and various state bars have emphasized the importance of these issues.

The ABA has developed a COVID-19 Mental Health Resources website, which includes a useful database that categorizes resources by topic (e.g., anxiety, depression, law practice management/leadership, social distancing, mental health, stress, substance use, etc.) relevant to the COVID-19 pandemic. It is available at https://www.americanbar.org/groups/lawyer_assistance/resources/covid-19--mental-health-resources/

In addition, the State Bar of California offers various resources for attorneys struggling with stress, anxiety, depression, substance abuse, and other issues through its Lawyer Assistance Program (LAP). That includes a confidential hotline available at 877-LAP-4HELP. The LAP is also offering free presentations on substance abuse and mental health issues online during the COVID-19 pandemic.

Maintain a Healthy Virtual Firm Culture

Law firms are taking steps during this unprecedented time to develop or promote firm initiatives aimed at mental wellness. For instance, some firms are facilitating programs at this time designed for attorneys and staff with focuses on individual or group meditation, webinars on mental health, and other articles or guidance on relevant subjects.

In addition, law firms can employ or continue to prioritize mentoring. Recent law school graduates and less experienced attorneys often suffer from higher rates of abuse and dependency; however, mentorship can help combat or avoid those issues. In light of the physical distance, law firms may consider emphasizing virtual mentoring in official or unofficial capacities to help support others.

Implement Positive Personal Routines

While attorneys are well-experienced in experiencing or navigating stress, the unique challenges created by the pandemic may require extra effort in maintaining a healthy lifestyle. Acts that allowed attorneys to decompress may be impossible during the pandemic, such as going out with friends, exercising and attending concerts or sporting events.

New routines can help attorneys maintain their mental and physical health. Exercising on a regular basis can help alleviate stress and has been proven to be a natural mood-booster as it releases endorphins, serotonin, dopamine, and other important neurotransmitters. In addition, partaking in meditation, implementing a regular sleep schedule, and eating healthy well-balanced meals can help the mind and body deal with both the mental, emotional and physical ramifications of the living through a pandemic.

Attorneys may also rally for each other if they are concerned about a colleague’s well-being. In the appropriate situation, if attorneys are worried that one of their colleagues is struggling during this time, they may consider addressing that concern with the human resources department/management or the colleague directly. The hope is that, by supporting each other, society can remove the stigma associated with mental health issues and encourage individuals to seek professional help when necessary. 

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