1. Stress Management For Lawyers Mental Health/ Substance Abuse March 19, 2016 Attorneys Mae Creadick and Heather Newton

2. NC Rules of Professional Conduct Rule 1.1 Competence A lawyer shall not handle a legal matter that the lawyer knows or should know he or she is not competent to handle without associating with a lawyer who is competent to handle the matter. Competent representation requires he legal knowledge, skill, thoroughness, and preparation reasonably necessary for representation.

3. According to the American Bar Association: “Because many lawyers and judges are overachievers who carry an enormous workload, the tendency to ‘escape’ from daily problems through the use of drugs and alcohol is prevalent in the legal community.”

4. Scary Statistics  Lawyers are 3.6 times ore likely to suffer from depression compared to professionals from 28 other industries.  Lawyers are more likely to abuse drugs or alcohol than any other profession. 18% - 20% of lawyers abuse drugs  20% of lawyers are depressed; 40% of law students are depressed (U.S. adult average 6.5%) *Statistics from American Psychological Association & American Bar Association www.americanbar.org

5. Why are lawyers so stressed?  Average lawyer works 60 – 80 hours per week  People who work 50+ hours per week are 3 x more likely to abuse alcohol  Competitive Pressure  Constant Problem Solving  High Stakes or harrowing cases, which can lead to compassion fatigue, withdrawal, burnout  Personal example – domestic violence case

6. Why don’t lawyers get help sooner?  As lawyers, many of us are controlling, and perfectionists. This gets in the way of resolving our own issues.  70% of lawyers believe they can handle their addiction problem  40% fear that getting help would negatively affect their reputation  Not getting help can lead to client neglect, malpractice, family problems, increased mental and physical health problems, increased risk of suicide  Personal Example: sleep deprivation, invasive thoughts, lack of energy for family, PTSD, secondary trauma. Concerned that admitting struggle was a “sign of weakness” *Statistics from American Bar Association www.americanbar.org

7. Stress can affect competence. Here are some treatment options:  Every state has a lawyers assistance program.  In Buncombe County, we have the Bar Cares program which provides 3 free counselling sessions per year.  www.BarCARES.org www.BarCARES.org  1-800-640-0735  CONFIDENTIAL

8. Don’t become a Statistic! Stress Management Options  Recognize good stress vs. bad stress  Anticipating a big trial – perform at a higher level can be good stress  Getting pulled into client’s life problems = bad stress = withdrawn, irritable, unfocused, depressed  Recognize how you react to stress  Observe physical reactions to situations. Notice if you then seek comfort through drugs, alcohol, internet, video games, gambling?  DON’T IGNORE YOUR SYMPTOMS

9. Stress Management  Therapy  Unplug  Avoid stressful people  Physical activity  Meditate/ Breathe / Tidy  Nutrition  Sleep – 7 – 10 hours  Spend time with family and friends  Pat a pet  Spirituality  Art, Music, Write – use right brain

10. Stress Management and Ethics  Fear: imagine outcome of a fearful thought and your own survival  Notice your reaction to client meeting. It’s OK to be passionate about helping your client. It’s not OK to take on their problems as your own.  You can say no, or withdraw from some stressful matters. If a client is insistent in pursuing a tactic that is repugnant to the attorney, the lawyer may withdraw from the representation. (Rule 1/16(b)(4)  Realize you can’t control unreasonable clients. Notice when your feelings may conflict with your ethical duty to diligently represent a client. (See Rule 1.2 (a)(2), a lawyer does not violate the duty to abide by client’s decisions relative to the objectives of the representation by avoiding offensive tactics.)  Set reasonable boundaries. Your clients will benefit from having an attorney who is well-rested, happy and healthy.  Recognize when work or life is stressful at the moment, and give yourself understanding and sympathy for your owns struggles

11. Guided Exercise “People often confuse who they are with their possessions, their achievements, or their jobs. The parsing out of the questions into three parts thus helps them to gain clarity.” -- Bernard Roth, The Achievement Habit: Stop Wishing, Start Doing & Take Command of Your Life

12. Who am I in terms of what I have? [E.g., a house, a nice car, a wife, a leadership position, a Nobel Prize] Who am I in terms of what I do? [E.g., lawyer, teacher, school volunteer, caregiver, single parent] Who am I in terms of my being? [E.g., advocate, activist, parent, teacher, daughter, musician, artist, golfer, runner, sober person, person of faith, caregiver, nurturer]