The American Bar Association (ABA) released a pledge in 2017 to reduce substance use in the legal profession by providing dedicated educational resources. Within the first year 13 firms signed the pledge. As of the writing of this article, 227 firms have attached their names. The growth in support for the ABA’s pledge is emblematic of the ongoing issue of substance use and related mental health challenges within the legal profession. As more firms have begun to focus on the issue of substance use within the field, many recognize the benefit of prioritizing mental health and wellness within their own firms to protect their fellow attorneys as well as their practices.
This recognition comes as the industry has begun to address a pattern of substance use and mental health issues that pose serious risks to the attorneys they employ as well as the clients they represent Last year, the Iowa Capital Dispatch reported on a story in which attorney Wesley Alan Johnson was arrested five times in a little more than one 12-month period on charges that included drunken driving, possession of methamphetamine, marijuana and LSD. Johnson faced court-mandated treatment, probation and a minimum 18-month suspension of his law license.
In any given year, the volume of legal matters attorneys can have their hands on and the representations they make on behalf of their firms can open firms up to a remarkable level of risk. While not all situations are as severe as Johnson’s, law firm leaders must be attentive, understanding and diligent when it comes to suspected substance use among their attorneys.
Why legal professionals?
In 2016, the Hazeldon Betty Ford Foundation teamed up with the ABA to complete a study on substance use in the legal profession that highlighted legal professionals as a high-risk group. The legal industry is a stressful, competitive and relentless environment that calls for legal professionals to prosper or get left behind. As noted by the American Addiction Centers, legal professionals struggle with stress, spending too little time on personal hobbies and personal fulfillment activities outside of work. In such an environment, all work and no play can lead legal professionals to substance use to relieve stress, help with depression, anxiety or sleep, or to help them stay awake to complete work or even to socialize. The pressure of the job, coupled with other normal life stressors, can manifest mental health struggles with which attorneys, despite their intellect and skills, are ill-equipped to cope. Unfortunately, these struggles are all too common in the practice of law and, until recently, were rarely discussed.
Implications and prevention strategies for law firms
The prevalence of substance use and mental health concerns in the legal profession presents significant risk for law firms, their clients and fellow attorneys. First, clients come to legal professionals for sound judgement and their understanding of and ability to interpret the law. Being impaired, either at the moment of legal consultation or in managing any aftereffects may slow or inhibit an attorney’s ability to provide sound counsel. Certain mental health issues, when left untreated, can not only impact an attorney’s judgement, but also their safety. The law firm can suffer as a result, both reputationally as well as being open to litigation. To avoid such risk, law firm leadership should consider the following approaches.
Going against stigma: Firm leaders looking to address addiction in their business must recognize the longstanding stigma around mental health and substance use issues that can prevent lawyers from coming forward and seeking help. Law firms should work to develop programs that support lawyer well-being, offering opportunities to recharge and create an open, private space to discuss substance use and mental health concerns while also providing resources to assist with either or both. An insurance professional who specializes in coverage for lawyers can be an asset in creating effective programs that benefit both attorneys and the law firm.
Training and work reviews: Substance use comes in many forms. However, the stigma attached to it, and that of mental health matters, coupled with denial often leaves those most at risk feeling alone while struggling too long without assistance. Training programs geared toward lawyers can showcase the many faces that substance use takes on, in situations attorneys can relate to, recognize and address before work and an attorney’s future in law is sacrificed. Trainings might also outline how to find confidential mental health services as well as public resources available such as local meeting groups or programs. In addition to regular trainings, all attorneys should be subject to regular case reviews that might reveal potential warning signs that would help to raise awareness of work performance issues often driven by mental health or substance use concerns.
Insurance: When an attorney’s impairment rises to the level of a client filing a malpractice claim, it can be a huge cost for a law firm if malpractice is proven. Firm management should have an open discussion with an insurance professional who specializes in professional liability insurance to ensure their coverages are up to par and risk mitigation strategies are effective.
The issues of mental health and substance use in law are longstanding and will not be fixed overnight. Today, law firms are responsible for driving this type of change in the industry, welcoming their attorneys to be more open and honest about their struggles. This, in turn, affords the legal industry the opportunity to retain often remarkably talented attorneys while also helping them to find much needed resources and support before a situation becomes a crisis. Start thinking about how your law firm can better support attorney well-being and safeguard your business from the dangers of substance use and mental health crises.