The Mental Illness and Substance Abuse Among

Attorneys

Mackenzie Gilpin

Introduction

What is the problem?

Why is this a problem?

What has been done about the problem?

Mental Health Statistics - Participants

14,895 participants completed the survey

12,825 participants were employed and working in the legal field at the time of the survey

53.4% male participants and 46.5% female participants

Attorneys practicing for <10 years 34.8%

Attorneys practicing for 11-20 years 22.7%

Attorneys practicing for 21-30 years 20.5%

Mental Health Statistics - Overall

Washington study suggests that 19% of attorneys suffer from elevated levels of depression

North Carolina study suggests that 26% of attorneys suffer from symptoms of depression

9.5% of general population suffers with depression

Comparative study with medical students suggests that 16% of law students are mildly depressed

An additional 12% of law students are moderately to severely depressed

Mental Health Statistics - Suicide

In 1991, 12% of lawyers reported having suicidal thoughts every month

In 2016, Krill’s study, 11.5% of lawyers reported having suicidal thoughts at some point in their legal career

2.9% of participants in Krill’s study exhibited some type of self-injury behavior

0.7% of participants in Krill’s study reported ever having attempted suicide

Mental Health Statistics – Other Disorders

Anxiety 61.1%

Depression 45.7%

Social Anxiety 16.1%

ADHD 12.5%

Bipolar Disorder 2.4%

Alcohol Statistics - Overall

10-20% of attorneys are alcoholics

ABA reports that 15% of attorneys abuse drugs and alcohol

1990 Washington study suggests that 18% of the participants had drinking problems

General population was 10%

Krill’s study shows that 20.6% of participants had answers indicating problematic drinking

22.6% felt their drinking was problematic at one point

Alcohol Statistics – Hazardous Drinking

36.4% suffered from hazardous drinking or abuse

Women more likely to be problematic drinkers than men by 5.8%

39.5% for women

33.7% for men

Alcohol Statistics – When It Started

International Journal of Law and Psychiatry (1990)

Practicing 2-20 years 18%

Practicing 20 or more years 25%

Krill’s Study (2016)

First 10 years after law school 28.9%

More than 10 years after law school 20.6%

Drug Statistics

Drug % in last year % on weekly basis

Tobacco 16.9% 46.8%

Sedatives 15.7% 51.3%

Marijuana 10.2% 31%

Opioids 5.6% 21.6%

Stimulants 4.8% 74.1%

Cocaine 0.8% N/A

Contributing Factors – Law School

Law school

22% of law students reported law school being extremely stressful

59% of law students reported law school being fairly stressful

Crying episodes and loss of sleep

1981 Study at Arizona University Law School showed an increase in symptoms of OCD, interpersonal sensitivity, paranoid ideation, depression, hostility, and anxiety

Reasons law school is a contributing factor

Heavy course loads

Competition

Lack of Feedback

Contributing Factors - Dissatisfaction

Dissatisfaction among attorneys

1988 Maryland Bar study, consisting of 1000 participants, showed that 1/3 of the participants wanted to leave the profession

94% found the profession becoming too business oriented

80% felt that the legal field was viewed in an increasingly negative light

Why is dissatisfaction a contributing factor?

Case overloads

Pressure to specialize

Lack of client appreciation

Disciplinary Hearings - Statistics

ABA reported 50-60% of disciplinary hearings were motivated by substance abuse

Washington Bar reported 65% of disciplinary hearings involved substance abuse

Oregon Bar reported that 61% of attorneys involved in LAPs had disciplinary complaints against them

60% had malpractice suits filed against them

Disciplinary Hearings - Treatment

Krill reported that 6.8% of participants had received prior treatment

21.8% of those who had previous treatment, used programs specifically for legal professionals

Barriers Prior Treatment No Prior Treatment

Not wanting people to know they were seeking

help

50.6% 25.7%

Confidentiality 44.2% 23.4%

Disciplinary Hearings – Mitigating Factor Approach

Matter of Walker

In re Driscoll

Some requirements:

Suffering from substance abuse

Substance abuse was a substantial factor in causing the misconduct

Seeking treatment

Options for Suspension

Voluntary Removal

Seeking treatment or hospitalization for their disorders

Inactive Bar Status

Cannot have been adjudicated previously for incompetency

Must be incapable of practicing due to their physical or mental illness

Efforts Within the Bar

Commission on Impaired Attorneys

Servings as a clearinghouse on information about impaired lawyers and LAPs

Presenting an annual conference

Providing a speakers’ bureau

Encouraging continuing legal education providers to incorporate the topic into their programs

Lawyer Assistance Programs

Coordinating networks of statewide volunteers

Setting up interventions

Getting attorneys into treatment

Educating the profession

Involuntary Removal

Adjudication of Insanity of Mental Illness

Rules of Profession Conduct

Rule 8.3

How to Address the Issue – Improve Education Environments

Get more hands-on activities in the classroom

Communication between professors and students

Promote more events on campus where both professors and students can attend

How to Address the Issue – Educating Legal Participants About the Signs and Dangers

Interactive Seminars

Question-Answer sessions

Programs geared towards educating about substances and abuse

Fundraisers promoting education to the general public

How to Address the Issue – Substance Abuse Policies Within Law Firms

Designate a person to observe lawyers’ performance

Look for signs of substance abuse that would impair the ability to perform their job

Inform employees about treatment options available

Emphasize the confidentiality of the programs

Will not receive any consequences within their job for seeking treatment.

Conclusion

Lawyers suffer from mental illness and substance abuse at a higher rate than the general population

They have consequences within their career due to these disorders

They have a lot of responsibility

Can’t eliminate the risk, but can decrease the risk