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Lawyers and Depression

» Mental Health Library » Disorders & Conditions » Major Depressive Disorder » Featured Article

By Maxine Sushelsky, LMHC

Maxine Sushelsky, LMHC

Do you neglect your own needs in the service of your work?

Do your personal relationships take a backseat to obligations of the job?

Do friends and family complain that conversations with you feel more like cross examination?

Practicing law requires time, effort and dedication. It is easy to lose track of your self and your life. Lawyers, as a profession, are at a high risk for depression, suicide and substance abuse. The behaviors required for success in the law can be contrary to those that contribute to mental health, a sense of well-being, and satisfying interpersonal relationships. In broad terms, legal work often calls for suppressing one’s emotions, involvement in relationships imbued with conflict; pressure to perform coupled with unrealistic self-expectations; and repeated exposure to the crisis and tragedy of others, all behaviors that tend to contribute to depression, isolation, stress and anxiety.

I recently learned of a law clerk position listing one of the job requirements as "perfectionist.” And it’s no wonder. The breadth and depth of attention and follow-through required for legal work are robust. The consequences of inattention and error are grave. Sociologists John Hagan and Fiona Kay found that women lawyers are particularly prone to internalizing job dissatisfaction, leading to feelings of depression and despondency.

Depression can fall at different points on a spectrum, ranging from general feelings of unease to debilitating despair. Some of the symptoms one might suffer are sleep difficulties (too much or too little), appetite changes, decrease in energy and motivation, feelings of sadness, guilt, worthlessness or hopelessness, low self-esteem, difficulty concentrating or making decisions, and recurrent thoughts of death or suicide (American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders, 2000). Depressed people often experience anxiety and irritability, although when these feelings are excessive or predominate, they can signal other problems.

Law students and lawyers are rarely provided with education or training in self-care and how to cope with the emotional aspects of their work and its effects on their mental health. I became particularly aware of this when, after practicing law for fourteen years, I returned to graduate school to study mental health counseling. Unlike legal training and practice, ongoing attentiveness to emotional awareness and self-care are built into the training and practice of mental health professionals.

One of the most difficult aspects of serving clients, and least discussed in the legal profession, is a professional’s vulnerability to vicarious, or secondary, trauma. In their article Lawyers More Likely to Experience Second Hand Shock, authors Ellie Izzo, PhD and Vicki Carpel Miller, BSN, MS, LMFT define secondary trauma as the professional’s "indirect exposure to trauma through a client’s firsthand account…of a traumatic event,” which can subject the professional to the symptoms of post traumatic stress disorder, including disturbances in one’s identity, memory, and beliefs; unwanted imagery; and physical ailments. For example, in an assault case, a victim experiences a frightening attack which leads to gruesome injuries. After listening to the victim describe the details of the assault, and the resulting physical and emotional injuries, the lawyers might find themselves experiencing unwanted images or dreams of the incident. Unpleasant memories of their own might be triggered. Their sense of "safety, trust, esteem, intimacy, and self-control may become compromised.” Izzie & Miller found that lawyers suffer from secondary trauma at a higher rate than mental health professionals. I believe this is explained, at least in part, by the disparity in emphasis on, and training in, emotional awareness and self-care in the two professions.

On a more positive note, changes are afoot. More humanistic, holistic approaches to law practice are developing and growing, including therapeutic jurisprudence, collaborative law, and restorative justice. These areas of law focus on respectful communication and a search for outcomes that serve the best interests of all parties involved. Lawyers can find guidance and inspiration in The Reflective Counselor: Daily Meditations for Lawyers, a book of daily reflections that encourage lawyers to stay connected to their deeper selves and their life’s purpose. Also inspiring is David Hall’s book, The Spiritual Revitalization of the Legal Profession: A Search For Sacred Rivers, and his website, http://www.sacredrivers.neu.edu/index.php.

You have a right to take care of yourself as well as your clients. You have options. Over the life cycle, people’s priorities and needs often change. What was once satisfying may be less so as you enter a different stage of life. Studies show that people who find meaning in their work and who have more control over their work tend to have better mental and physical health than those who lack these qualities. Psychotherapy, especially with a professional who is knowledgeable about the challenges of lawyering, can help you find ways of understanding and changing how you approach your inner and outer life, and in finding balance in your life. Although taking the first step towards asking for help might feel uncomfortable, you will likely notice glimmers of relief and a lessening of your burden as you share it with a professional or trusted other, and start to make healthy changes in your life.

References

American Psychiatric Association. (2000). Diagnostic and Statistical Manual of Mental Disorders, (4th ed., text revision). Washington, D.C.: American Psychiatric Association.

Beck, C.J.A., Sales, B.D., & Benjamin, B.J.H. (1995-1996). Lawyer distress: Alcohol related problems and other psychological concerns among a sample of practicing lawyers. Journal of Law and Health, 10, 1-60.

Breslau, J. & Daicoff, S. (2008, September 1). The illicit relationship of lawyers and emotion. Retrieved November 1, 2009, from http://www.cuttingedgelaw.com/content/illicit-relationship-lawyers-and-emotion

Coffey, F.G. & Kessler, M.C. (2008). The reflective counselor: daily meditations for lawyers. Chicago: American Bar Association.

Elwork, A. & Benjamin, G.A.H. (1995, summer). Lawyers in distress. The Journal of Psychiatry and Law, 23, 203-229.

Gatland, L. (1997, June). Dangerous dedication. ABA Journal, 83, 28-30.

Hagan, J. & Kay, F. (2007). Even lawyers get the blues: Gender, depression and job satisfaction in legal practice. Law and Society Rev, 41, 51-78.

Hall, D. (2005). The spiritual revitalization of the legal profession: A search for sacred rivers. New York: Edwin Mellen Press.

Hardy, W. (2008, May). The unhappy lawyers, 1-19. Retrieved October 31, 2009, from http://willhardy.com.au/legal-essays/unhappy-lawyers/view

http://www.cuttingedgelaw.com/page/therapeutic-jurisprudence

http://www.massclc.org

http://www.restorativejustice.org

http://www.sacredrivers.neu.edu/index.php

Izzie, E. and Miller, V.C. (2009, February 28). Lawyers more likely to experience second hand shock. Retrieved November 1, 2009, from http://www.cuttingedgelaw.com/content/lawyers-more-likely-
experience-second-hand-shock

Levit, N. & Linder, D.O. (2008). Happy law students, happy lawyers, 1-27. Retrieved October 31, 2009, from http://works.bepress.com/cgi/viewcontent.cgi?article=1007&context=nancylevit

McLeary, S. (2001, July/August). Protecting your personal relationships. GP Solo. 65-67.

Schiltz, P.J. (1999, p.879-880). On being on being a happy, healthy, and ethical member of an unhappy, unhealthy, and unethical profession. Vanderbilt Law Rev. 52, 871-951.

Seligman, M.E.P., Verkuil, P.R., & Kang, T.H. (2005). Why lawyers are unhappy. Deakin Law Rev., 10, 49-66.

About the Author...

Maxine Sushelsky is a Licensed Mental Health Counselor (LMHC) providing psychotherapy services in Arlington, MA. She works with people experiencing depression, anxiety, and grief; as well as transitions in a relationship, career, education, or life stage such as early adulthood or midlife. She is also an attorney. Her website is www.transitionstherapist.com.

Ms. Sushelsky is forming A Group for Lawyers: Finding Balance and Meaning in Your Work and Your Life. The group will use quotes and illuminations from The Reflective Counselor: Daily Meditations for Lawyers, by Coffey & Kessler to stimulate discussion and encourage participants to find more satisfaction in their daily lives. For more information about this group, visit http://www.transitionstherapist.com/Page_4.html.

Last Update: 1/16/2010



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