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September 2021 Out of Office - Burnout in the Dog Days of Summer

by Alexa P. Stephenson

Stress is the norm within the legal profession, and it is getting worse—not better.1

During Well-Being Week in Law (May 3-7, 2021), the OCBA Young Lawyers Division Education Committee and Health & Wellness Committee hosted a webinar with Rimal B. Bera, MD, of the UC Irvine School of Medicine and Roger Mignosa, DO, of UC San Diego to discuss the causes of burnout and ways lawyers can implement changes in their personal and professional lives to treat and even prevent burnout and the resultant negative effects.

Dr. Bera described “burnout” as the frustration, anger, restlessness, and exhaustion that results when lawyers are stressed, overworked, and lose sight of their career goals and personal ambitions. It manifests through various symptoms, including emotional exhaustion, headaches, anxiety, inability to focus, depression, fatigue, increased irritability, insomnia, depersonalization, cynicism, feelings of inefficacy, hypertension, and alcohol dependence.

Discussions of burnout have become increasingly popular in recent years as bar organizations nationwide have focused their attention on the psychological toll of legal practice. To date, the practice of law remains one of the most complex and mentally challenging professions, resulting in high levels of stress, exhaustion, mental illness, and substance abuse that can impair an attorney’s ability to perform competent work and ultimately could result in professional misconduct.

Notably, lawyers suffer more burnout than other U.S. workers as a result of not only common personality traits (e.g., perfectionism, conscientiousness, achievement orientation, and workaholism), but also the challenges of graduating from law school, passing the state bar exam, competing for suitable work to pay for the typical law school debt, continuous conflict with peers, clients, and opposing counsel, and pressure to meet and even exceed minimum billable hour requirements. Attorneys who manage heavy caseloads and work extensive office hours are held out as the gold standard in most firms; setting expectations for newer associates that are difficult to achieve and detrimental to one’s overall mental, emotional, and physical health.

Earlier this year, the California Lawyers Association published research findings on mental health and substance abuse problems among practicing attorneys. Shockingly, approximately half of practicing attorneys reported experiencing symptoms of depression, anxiety, and/or burnout.2 Notably, one in four female attorneys contemplated leaving the legal profession due to mental health problems, burnout, or stress.3 Similarly, Bloomberg Law’s recent Attorney Workload and Hours Survey reported that more than eight out of ten attorneys have experienced burnout at some point.4 Adding fuel to the fire, the isolation, stress, and fear of the COVID-19 pandemic over the last year significantly decreased both lawyer well-being and work-life balance, exacerbating an already rampant mental health dilemma.

Despite all this, the California Rules of Professional Conduct remain unchanged. Rule 1.1 instructs lawyers to provide competent representation, which requires “(i) learning and skill, and (ii) mental, emotional, and physical ability reasonably* necessary for the performance of such service.” Given that the ability to provide the best service depends on the wellness of the practitioner, burnout undoubtedly can impact an attorney’s ability to provide competent representation and to comply with professional and ethical obligations. One can hardly maintain the requisite standard of care and meet the demands of the client or supervising partner when experiencing the fatigue, cynicism, detachment, and hopelessness stemming from burnout.

Studies have shown that intensive fatigue reduces one’s cognitive abilities and problem-solving skills that could be used to analyze complex legal issues. Excessive depersonalization deprives attorneys of the ability to handle a client’s sensitive issues with compassion in an efficient and timely manner. Negativity and increased irritability impair the ability to maintain relationships with coworkers and professional connections, resulting in low workplace morale. Worst of all, high levels of stress can lead to alcoholism, drug addiction, and decreased life expectancy. The California Lawyers Association 2021 survey indicated that female attorneys, in particular, are disproportionately susceptible to burnout and engage in “risky drinking” as a result. While these symptoms are seemingly personal in nature, they can manifest to affect the firm as a whole in the form of subpar work product, decreased client satisfaction, a higher propensity for legal errors and ethical missteps, and increased turnover due to lawyers quitting their jobs or leaving the practice of law altogether. As an increasing number of attorneys feel burned out, unsatisfied, depressed, exhausted, and/or overwhelmed with work, the ability to detect, treat, and prevent burnout has never been more crucial.

Nevertheless, there is some light at the end of the tunnel. Knowing the various symptoms of burnout makes it easier to treat and relieve it moving forward. Asking simple questions such as, “Do I feel fatigued when I get up in the morning and have to face another day on the job?”, “Do I really care about what happens to certain clients?”, and “Do I feel that I’m positively influencing other people’s lives through my work?” can be an easy first step to assess where you fall on the burnout spectrum.

Once identified, simple ways to treat burnout include spending time with family and friends, practicing self-care, adopting a healthy positive attitude, knowing and setting defined boundaries regarding work, and seeking out resources and support when needed. However, in addition to the general approach of managing meditation, exercise, diet, and sleep, Dr. Mignosa encourages attorneys to identify the source of stress and the possible ways to address the specific source. Simple use of power postures can easily enhance one’s mood and psychological well-being. Dr. Bera also notes that having hope and building resilience are key traits to preventing burnout.

At the end of the day, it is important to remember that exhibiting signs of burnout does not make you a failure. Awareness and acknowledgment are just the first steps to treating and preventing a nationwide epidemic of burnout and the lifelong struggle attorneys face with work-life balance. As Paul Tsongas said, “No one on his deathbed ever said, ‘I wish I had spent more time at the office.’”

We in YLD hope that attorneys can use Dr. Bera and Dr. Mignosa’s lessons to identify, treat, and even prevent burnout. Taking these important steps will only have positive effects on the legal community and society as a whole.

ENDNOTES

  1. (1) Eric Sigurdson, The Legal Culture: Chronic Stress, Mental Illness and Addiction—Law Firms, Legal Departments, and Eight Organizational Strategies to Reduce Burnout and Promote Engagement, Sigurdson Post (November 19, 2017), http://www.sigurdsonpost.com/2017/11/19/the-legal-culture-chronic-stress-mental-illness-and-addiction-law-firms-legal-departments-and-eight-organizational-strategies-to-reduce-burnout-and-promote-engagement/#_ftnref76.
  2. (2) California Lawyers Association and the D.C. Bar Announce Results of Groundbreaking Study on Attorney Mental Health and Well-Being, California Lawyers Association (May 12, 2021), https://calawyers.org/california-lawyers-association/california-lawyers-association-and-the-d-c-bar-announce-results-of-groundbreaking-study-on-attorney-mental-health-and-well-being/; Justin Anker and Patrick R. Krill, Stress, drink, leave: An examination of gender-specific risk factors for mental health problems and attrition among licensed attorneys, PLOS ONE (May 12, 2021), https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0250563.
  3. (3) Id.
  4. (4) 2021 Attorney Workload and Hours Survey Analysis, Bloomberg Law (March 2021), https://pro.bloomberglaw.com/reports/attorney-workload-and-hours-survey/.

Alexa P. Stephenson practices construction defect, business, and employment law at Kahana & Feld LLP. She can be reached at astephenson@kahanafeld.com.

The views expressed herein are those of the author. They do not necessarily represent the views of the Orange County Lawyer magazine, the Orange County Bar Association, the Orange County Bar Association Charitable Fund, or their staffs, contributors, or advertisers. All legal and other issues must be independently researched.

Out of Office is an occasional column in which authors share ways to make life meaningful and fulfilling, during and outside of the practice of law.