Stress and Law

We know the practice of law is stressful. But why is the law such a stressful practice? What drives the high rates of mental health and substance use issues in the profession? What contributes to a lawyers’ unhappiness and dissatisfaction over time?

In order to understand why lawyers, find themselves stressed, depressed, or suffering, we must travel to the beginning, to the start of our careers in law school. No one imagines that they may encounter burnout, secondary trauma, chronic stress, substance use, or mental health struggles in their careers. But that can await law students as they move along their path. Studies show that students entering law school are really no different than the general population when it comes to mental health and substance use. But somewhere in the storied halls of knowledge, students begin to experience a change, which in many cases creates a negative impact moving forward through school and into their careers.

What does this transformation look like? How does it begin? It often starts with a loss of control. One of the key challenges law students face in maintaining their mental health is the lack of control they experience in their burgeoning law school careers. Many schools still rely on grading curves, where a student’s performance is measured against their peers, rather than on individual merit. It can mean that no matter how well a student performs, their grade on an exam is determined in relativity to their classmates.

In the first year of law school the curve determines grades in many foundational classes based on a distribution and not the merits. This system can create a scarcity mentality and becomes a breeding ground for anxiety and stress. Students feel a lack of autonomy because their efforts, and grades do not go hand in hand. This creates a competitive environment where collaboration is either consciously or subconsciously discouraged. This then extends through school as students compete for moot court, internships, and summer associateships. This competition can lead to a sense of isolation. The curve method creates a conflict, where a student is torn between their hope that their classmates to do well, but also knowing if their peers do well, it may affect their GPA and standing in any given class. This ongoing tension can be detrimental to a student’s mental well-being, leading to heightened stress or feelings of depression. In order to be on the high end of the curve, a student needs to be graded above the others, removing some of the impact of the student’s efforts from the ultimate result. Agency is important for growth and well-being. Knowing we have control over our lives creates a sense of purpose and determination, decreasing feelings of anxiety, worry, and unease. This lack of determination can lead to seeds of uncertainty and imbalance that then permeates students’ law school careers and subsequently, their practice.

How else does this transformation unfold?

It isn’t a single defining moment that cements a future lawyer’s fate. Rather it occurs in small steps. Law students begin by modeling those already in the profession and creating a professional persona that aligns with societal expectations of what a lawyer should be. Many of the traits that serve a lawyer well, such as analytical skills, and a heavy reliance on logic can lead to a suppression of emotional awareness. To fit the mold, students may dampen their emotions presenting an image to the world that is in line with the public’s perception of the legal profession. This dissonance takes a toll though as wearing several personas or taking positions that are antagonistic to one’s values and beliefs creates an ongoing psychological battle. Over time, this battle can lead to the adoption of maladaptive coping mechanisms. To cope, many turn to the traditional but harmful comforts of alcohol and substance use.

We know that a lawyer in the first 15 years of practice experiences the highest percentage of problem drinking in that period. Many incoming lawyers describe a feeling of imposter syndrome or feeling inadequately prepared for the practice of law. Having conquered law school, many lawyers are unprepared for the sometimes sobering reality of practice. Naturally, many reach for the coping mechanisms that they used in law school, such as excessive drinking or substance use to help manage the anxiety and feelings of overwhelm that can occur at work. It is easy to disguise any issues at first. Alcohol use or even recreational substance use in the beginning may not seem like a big deal. It may even be viewed as a rite of passage, an acceptable way to blow off some steam. But over time, addiction can take hold, imprisoning the lawyer, in an imaginary pressure cooker where life can feel unmanageable.

Compounding the problem is stigma. We are ashamed or embarrassed to seek help. There is still a stigma surrounding mental health and substance abuse in our profession. While we may be keeping our heads above water, undoubtedly, we are suffering as we have lost connection to our physical, mental, and emotional health. We suffer in silence, afraid of the ramifications of coming clean and getting help. Admitting we are struggling is sometimes the most difficult part given the public persona we have so carefully crafted for our peers, bosses, clients, and coworkers – facing that we can’t handle the problem on our own, flies in the facing of the training we have received to be problem solvers.

Many of us entered law school with hopes of becoming the next Atticus Finch. We pledged a firm commitment to the principles of justice, fairness, equality, respect, and dignity.

We set out to become lawyers who would thrive and do good in the world. After all we understood the law to be a noble profession, a system to uphold rights, and a way to correct injustices.

We desired to become lawyers to level the playing field for those traditionally shut off from access to justice.

We wanted to help those with little say in what was happening in their lives and use our legal education to help people in our communities lead better lives. The law is truly a noble calling that helps people lead better lives.

We are called to it because we want to make a meaningful difference. But somewhere along the way in our noble pursuit, we become faced with challenges that sometimes seem insurmountable leading to burnout, compassion fatigue, stress, mental health issues, and misuse of substances. It is essential to pay attention to the roots of unwellness in the profession so it can be addressed and tackled.

Being aware of how it begins in law school is absolutely necessary to striking back at some of the root causes of lawyer wellness. When we know better, we do better.