Your best client

Since starting in private practice more than 25 years ago, the majority of my work has been in civil litigation. When I meet with my clients to prepare them for a deposition or trial, in addition to telling them that they need to be ready to discuss the facts and the substantive issues in the case, I remind them that being physically and mentally prepared for the experience is just as important. I suggest they get enough sleep, try to take their mind off the case so they do not feel overwhelmed, and remember to put the matter in perspective. The clients who listen to this advice and focus on their personal well-being are the ones who tend to fare better in the litigation process, regardless of the outcome. They are at their best, win or lose.

I eventually realized that the advice I give to my clients about taking care of themselves is good advice for me as well. I need to be at my best, physically and mentally, in order to provide good service to my clients and to honor the professional oath I took so many years ago. 

We know there are problems plaguing our profession. From substance abuse to untreated mental health issues—and an abiding reluctance to seek help—the statistics about the legal profession are staggering. A 2016 study by the American Bar Association and the Hazelden Betty Ford Foundation found that 28 percent of licensed, employed lawyers suffer from depression, 19 percent have symptoms of anxiety, and nearly 21 percent are problem drinkers.  

To be sure, law is a demanding profession. We make a living by taking on and trying to solve the problems of others, which can be both intellectually and physically exhausting. While honing our craft and being competent are certainly important to a successful legal career, it has taken our profession a long time to recognize that maintaining our physical and mental health is just as important. We need to be objective about these problems and accept and acknowledge that when our physical and mental health is compromised, the quality of our work is impacted. 

The good news is that a growing number of organizations are rising to meet the challenges and address the issues afflicting our profession. The American Bar Association has committed significant resources to addressing the problems. Similarly, the National Task Force on Lawyer Well-Being (which includes members from 13 national legal associations, representing the judiciary, regulators, bar examiners, lawyers’ assistance programs, and law schools, as well as individuals representing the risk-management/insurance industry and global law firms) is serving as a catalyst to improve health and well-being in the legal profession. Closer to home, in February 2019, the Minnesota Supreme Court issued a “Call to Action for Lawyer Well-Being” and the MSBA has committed to joining the Court in working to confront and overcome these issues facing attorneys across the state. All of these efforts emphasize that the first step is recognizing the problems and eliminating the stigma associated with them.  

Individuals also need to address wellness. We need to pay attention to our physical and mental health, and build up our resiliency so we are better able to handle challenges in our work and personal lives. Each of us should strive to find a healthy outlet for our stress and to make our physical and mental health a priority. We also need to be mindful of our colleagues’ well-being, and encourage them to find time to rest and to keep in perspective what truly matters. Make sure to reach out to colleagues who may be struggling to let them know you care. During a pandemic, when many are feeling the stress of isolation and financial losses, it’s even more important to call or email solo practitioners in your area, or partners whom you haven’t seen in a while. A simple contact could really boost their spirits.  

When more serious concerns arise, we need to admit that we don’t have all the answers and may need professional help. Lawyers Concerned for Lawyers (www.mnlcl.org; 651-646-5590) is an invaluable resource in this regard, and something you support through your license fees.

As we look forward to a new year, I ask that you make a commitment to doing something aimed at improving your physical and mental health, so you can be your best. Find something that will help you reenergize; do something to recharge your internal batteries. If you enjoy exercise, work something physical into your daily or weekly routine. If you enjoy reading, go to the library or join a book club. If you desire quiet time, practice meditation. It does not really matter what you do—what matters is that you do it. You owe it to your clients, you owe it to the profession, and most importantly, you owe it to yourself.

Here’s to a much happier and healthier 2021!