Legal Practice
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Burnout costs firms $500K per lawyer lost; what can law firms do?

A groundbreaking research project commissioned in 2023 by the California Lawyers Association and the District of Columbia Bar found that lawyers are “twice as likely as the general population to contemplate suicide.” An earlier study conducted by the Hazelden Betty Ford Foundation and the American Bar Association Commission on Lawyer Assistance Programs showed that nearly 21% of lawyers and others in legal professions were considered problem drinkers, and worse, over 36% of attorneys were struggling with alcohol abuse.

A groundbreaking research project commissioned in 2023 by the California Lawyers Association and the District of Columbia Bar found that lawyers are “twice as likely as the general population to contemplate suicide.” An earlier study conducted by the Hazelden Betty Ford Foundation and the American Bar Association Commission on Lawyer Assistance Programs showed that nearly 21% of lawyers and others in legal professions were considered problem drinkers, and worse, over 36% of attorneys were struggling with alcohol abuse.

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Date Published:
August 1, 2024

Reports of high rates of burnout, depression and other mental health disorders among attorneys - driving many to consider leaving their jobs or the profession entirely - continue to plague the legal industry. In a 2023 study, 40% of the lawyers surveyed “reported considering leaving the legal profession entirely in the last three years due to burnout or stress.”  Troubling in its own right, these reports are particularly unsettling for law firms contending with talent retention challenges. Just this year, a report released by the NALP Foundation for Law Career Research and Education found that “82% of associates who left their law firms in 2023 did so within five years of hiring,” a figure they say is at “an all-time high.”

According to data cited in the ABA Journal, this “attrition costs firms between $200,000 and $500,000 per lawyer lost.“ With rising costs at the top of mind for many firms, the legal industry can no longer afford to ignore the mental health of its practitioners.

The Unfortunate Truth About Mental Health Stigma in Legal Practice

A groundbreaking research project commissioned in 2023 by the California Lawyers Association and the District of Columbia Bar found that lawyers are “twice as likely as the general population to contemplate suicide.” An earlier study conducted by the Hazelden Betty Ford Foundation and the American Bar Association Commission on Lawyer Assistance Programs showed that nearly 21% of lawyers and others in legal professions were considered problem drinkers, and worse, over 36% of attorneys were struggling with alcohol abuse.

While legal leaders have acknowledged this problem, initiatives designed to foster attorney well-being have yet to have a measurable impact. One reason for this challenge may be the unfortunate truth surrounding the stigma associated with mental health issues. Regrettably, there seems to persist a pervasive culture of silence, judgment and shame surrounding mental health within the industry, which is not only detrimental to the well-being of individual lawyers but also has far-reaching implications for the quality of legal practice. As a result, aside from temporary pandemic-related accommodations, most firms still appear to prioritize profits over people, as evidenced by the traditional law firm business model solidly rooted in unreasonable billable hour requirements. 

Even if the legal community did concede that high billable hour requirements can lead to attorneys feeling overworked and stressed - in turn, negatively impacting their mental health and overall happiness - why aren’t they talking about it in an effort to help break the stigma? The answer may lie in the multigenerational nature of most legal workplaces. 

 

Generational Differences in Perceptions about Mental Health

A striking aspect of the stigma associated with mental health within the legal profession is the difference in perceptions surrounding this issue across generations. It's not uncommon to see four different generations working together under one law firm’s proverbial roof - with members of the Silent Generation and Baby Boomers sitting at the top of the ladder as Gen Z’ers enter the profession. Each group brings their unique perspectives and experiences to the table. Yet, while generational diversity can be a source of strength, it also presents challenges, particularly when it comes to addressing mental health in the workplace.

Older generations of lawyers like the Baby Boomers and Generation X typically had fewer demands for mental health support when they entered the workforce. Raised by members of the Silent Generation, they were taught to "suck it up," under the misguided belief that mental health concerns were a sign of weakness. This long-perpetuated mentality has persisted over the years and continues to shape the attitudes of many senior legal professionals. 

In contrast, younger lawyers from the Millennial & Generation Z cohorts are increasingly vocal about mental health issues, advocating for a more supportive and open environment within the legal profession. Although this generational shift in attitudes offers a glimmer of hope for the future,  it also highlights the deep-rooted nature of the mental health stigma that has persisted for decades.

Bridging the Generational Gap

While each generation may have its own perspective on mental health, fostering open communication and understanding can lead to a more supportive and empathetic approach to mental well-being for all. By learning from each other’s experiences, we can collectively work toward breaking the stigma and decreasing rates of anxiety, depression, stress and burnout among members of the legal profession.

To start, each generational group can reflect on their own experiences and the environment in which they were raised by asking questions such as:

  • Did my family talk about mental health when I was growing up?
  • Did my peer group ever discuss this issue at school or socially?
  • How were gender roles defined, especially when it came to showing emotion?
  • Did my religious or cultural beliefs influence how I perceive those struggling with emotions or behaviors? What did I think about it when they did?

By examining our answers and comparing them with those different generations, it is easy to see how our generational upbringing can influence the way we approach this issue in the workplace.

Actionable Steps to Break the Stigma

In addition to opening lines of communications in your workplace, here are some ways you can help break the stigma of mental health in the legal profession:

  • Promote work/life balance
    If you are in a leadership role, take a stand and promote a culture that values work/life balance. According to a 2023 Mental Health at Work Report by Mind Share Partners, workers want healthy work cultures, not self-care perks and other resources. Building a sustainable healthy culture is the most effective way to support  mental health in the workplace. In fact, workers with hybrid or fully-remote work arrangements reported shorter mental health symptoms, less stigma, and a better relationship to work

For lawyers, this includes prioritizing autonomy and flexibility, and protecting people against unsustainable workloads, toxic environments and unreasonable  billable hour requirements.

  • Model authentic vulnerability
    Managers and leaders can also model authentic vulnerability. The traditional ‘command-and-control’ leadership has proven to be ineffective with employees from younger generations.  This could mean admitting that, “Yeah, this week was really tough for me,” or listening with empathy to what people are saying. If you are not seeing this at your current firm, don’t be afraid to assert the need for authentic discussions.
  • Educate yourself
    Many employers offer employment assistance programs (EAPs) that provide support for a variety of needs, from elder or child care to mental health counseling. Especially for time-constrained attorneys, easily accessible resources like these  can be a huge benefit - at zero cost. Older generations can also benefit from educational programs and resources that educate  them on  the importance of mental health and well-being, as well as the role and effectiveness of various treatment options.
  • Encourage open conversations about mental health
    When individuals from different generations share their personal stories and challenges, it helps to humanize the issue. 

  • Prioritize your own mental health and well-being
    Ultimately, we must listen to ourselves and know whenIf necessary, consider transitioning to a new law firm or other legal role where the employer has demonstrated its commitment to these issues.

Workplace Conversation Tips

What does a ‘good’ conversation look like between people from different generations? The main goal is to stay open-minded and choose your words wisely. A successful conversation involves many factors

  • Actively listening, without judgment
  • Normalizing concerns shared by someone by reminding them that they aren’t alone in how they are feeling 
  • Showing empathy by trying to understand their individual experience
  • Offering encouragement, and a supportive response
  • Respecting their privacy and confidentiality

Toward the Reversal of Costly “Burn and Churn”

As the talent war continues to rage on within the legal industry, law firms must step up their mental health awareness efforts. Otherwise, the best and brightest lawyers will continue to suffer burn out (silently and, in some cases, detrimentally), leading many to exit the profession completely. Legal leaders can help reverse this costly cycle of associate “burn and churn” by opening lines of communication within the workplace, investing in attorney health and well-being initiatives, and supporting efforts to end the stigma associated with mental health issues. Innovative law firms who embrace these challenges have a high likelihood of seeing not only improved lawyer and revenue retention rates, but even more important to the long game, greater levels of attorney satisfaction for generations of lawyers to come.

1In a study conducted last year surveying nearly 4,450 Massachusetts lawyers, “77% reported feeling burned out, 26% reported high rates of anxiety, 21% reported depression and 7% reported suicidal thoughts — all higher than average for U.S. adults - and almost half said they considered leaving their legal employer, and 40% reported considering leaving the legal profession entirely in the last three years due to burnout or stress.”