Practicing well-being at work: How can employers help

By Bryn Hazelwonder & Kay Oskvig

The increased awareness of the importance of lawyer well-being has been a great development for the legal profession. However, there is still work to do when it comes to adapting lawyer wellness strategies for different places of employment across the legal profession. The resources and needs of a solo practitioner are likely much different than those of an attorney working in-house for a corporation or a government attorney. This article will outline ideas and strategies for how different legal workplaces can adapt to promote lawyer well-being.

In 2017, the National Task Force on Lawyer Well-Being (comprised of the ABA Commission on Lawyer Assistance Programs, the National Organization of Bar Counsel, and the Association of Professional Responsibility Lawyers) issued a report entitled The Path to Lawyer Well-Being: Practical Recommendations for Positive Change.1 The report includes research related to the well-being issues that the legal profession faces, along with recommendations for positive change.

In a survey of almost 13,000 practicing attorneys, between 21% and 36% qualified as problem drinkers, and approximately 28%, 19%, and 23% were struggling with some level of depression, anxiety, and stress, respectively.2 Studies have shown that 70% of practicing attorneys are likely to develop alcohol-related problems over the course of their lifetime, compared to approximately 14% of the general population.3 Additionally, the survey found that attorneys in their first ten years of practice and attorneys working in private firms experience the highest rates of problem drinking and depression.4 Attorneys are 3.6 times more likely to suffer from depression than non-attorneys.5 These well-being issues often start (or are exacerbated) in law school and continue into practice.

Unsurprisingly, there is a connection between attorney substance abuse and mental health issues and attorney discipline. Alcoholism and/or chemical dependency "is the cause of the majority of lawyer discipline in the United States."6 Anywhere from 50% to 75% of attorney disciplinary actions involve substance abuse.7

Besides the more obvious substance abuse and mental health issues, the legal profession faces other challenges to lawyer well-being. Some of these challenges include:

- Women and other underrepresented groups leave private practice or leave the profession altogether.

- The legal profession is stressful, with common sources of stress including:

- Deadlines

- Constant availability

- Uncertainty regarding the "correct" answer or "best" advice

- Either a never-ending workload or worries about when the next case will come

- Concerns about whether a law will change that will destroy an attorney's primary source of income

- Practice management challenges

- The legal profession is sedentary-most of us sit and look at a computer all day.

Because of the variety of workplaces in which attorneys can practice, there is no one-size-fits-all solution to well-being recommendations for attorneys. The recommendations below are sorted by and tailored to the various legal workplaces in which attorneys commonly practice. Some of the recommendations may extend to multiple legal workplaces but are placed in only one category below so as not to be repetitive.

Legal Profession (In general)

There are several things that all legal employers can do to encourage and improve lawyer well-being.

1. Reduce stigma. Reducing stigma related to wellness issues by acknowledging the problem(s) and making it clear that well-being is a priority is a great place to start. One way to do this is by providing access to counseling services for employees. Legal employers should also increase communication and transparency about lawyer well-being concerns and what is being done to alleviate those concerns and promote lawyer well-being.

2. Host social events without alcohol. Given that substance abuse is prevalent in the legal profession, promoting social events that do not involve alcohol-e.g., a 5k event or a family day with activities for lawyers and their families-is another great way to encourage lawyer well-being.

3. Encourage and support taking time off. It is no secret that finding time for vacation or even a day off can be challenging for attorneys. While taking time off likely looks different depending on the type of legal workplace and/or practice area, all attorneys should be encouraged to take time off. The high-stress nature of the legal profession can lead to burnout, mistakes, or even disciplinary issues, so taking time away is critical for all attorneys. As the legal profession is very deadline-driven, it is important to plan ahead for time off and have it blocked off on the calendar. Legal employers can implement support systems that permit co-workers or other attorneys to cover urgent calls or changes, and otherwise continue moving things forward while an attorney is away. At larger workplaces, managing partners or senior staff can model good habits and show that taking time off is allowed and supported. Finally, it is critical that time off from work is truly time away from work. We all have easy access to our email, but as difficult as it is, disconnect from work as much as possible when taking time off.

4. Acknowledge that everyone makes mistakes. Legal employers should make it okay to talk about the fact that the legal profession is difficult and that everyone makes mistakes. No matter the workplace, being an attorney is a stressful, high-pressure, and often, high-stakes, job. While we all strive to do our best, mistakes are bound to happen. We can work to prevent mistakes, put systems in place to reduce common errors, and encourage prompt reporting when a mistake is discovered or suspected.

5. Celebrate small wins. A simple and cost-effective recommendation to promote lawyer well-being is to celebrate small wins.

6. Create a well-being policy. Having a well-being policy in place communicates to employees that their well-being is important to their employer. The American Bar Association created a free well-being policy template for legal employers to use and adapt for their workplaces.8

7. Use available resources. Many legal employers and bar associations offer free or low-cost resources for attorneys. For example, all Iowa State Bar Association members have access to a free Member Assistance Program (MAP)9 that provides support and assistance to ISBA members facing personal issues such as depression, substance abuse, financial worries, and stress. Many employers also offer Employee Assistance Program (EAP) benefits to their employees, and some health insurance policies include counseling.

Solo Practitioners and Small Firms

1. Build relationships. Create relationships with other practitioners and/or firms to share resources (e.g., joint events, training/CLE programs).

2. Ask for assistance. Partner with larger firms or other attorneys when the caseload becomes too much or you need an assist.

3. Mentor young attorneys. Given that attorneys in their first ten years of practice have some of the highest rates of depression and problem drinking, more experienced attorneys should seek to mentor young attorneys in solo or small firms. If younger attorneys cannot easily find a mentor attorney, the ISBA Young Lawyer Division's Mentorship Program10 would be a great place to start.

4. Use practice management tools/resources. In a solo or small practice, it is important to outsource tasks that can be done by someone else or something else (e.g., practice management tools) so that your time can be spent focusing on the practice of law rather than administrative tasks. Two examples of legal practice management tools are Clio and MyCase.

Medium and Large Firms

1. Assess lawyer well-being. Conduct a needs assessment, e.g., an anonymous survey to measure lawyer and staff beliefs on well-being, stressors in the firm that significantly affect well-being, and ideas for organizational support for improving well-being in the workplace.

2. Provide flexible work schedules. A flexible work schedule is a great benefit for attorneys, particularly those in caregiving roles. This could be the ability to work remotely, flexible working hours, and/or generous leave/vacation policies. Studies have shown that a flexible work schedule is a significant predictor of employee retention across professions-employees with flexible work arrangements are more likely to stay with their current employer.11

3. Promote physical well-being. Consider providing a stipend to employees for a wellness membership (e.g., gym membership, Calm app, meditation app) or something for their office (e.g., treadmill desk, standing desk, ergonomic office equipment/chair). The legal profession is a largely sedentary profession, but there are tremendous health benefits to physical activity that legal employers should prioritize.

4. Encourage socialization. Private practice can be very isolating, despite working in an office with many co-workers. Firms should encourage socialization among the individuals in the firm, but also with employees' family members (e.g., an annual event for firm employees and their families).

Corporations

1. Communicate expectations. A corporate setting is not what most law students envision while in law school. Since it is a distinct legal workplace, the corporate entity should clearly communicate about the job's workload, expectations of the timelines for tasks, and how to balance attending meetings for a majority of the day with getting work done.

2. Provide education. Provide in-house education about lawyer well-being and available resources for employees.

3. Prioritize socialization. Attorneys practicing in the corporate environment may feel isolated from their peers, so prioritizing events with other lawyers in the community can help with feeling isolated. This goal could also be accomplished by joining an organization such as the Association of Corporate Counsel (ACC).

4. Implement a recognition system. The employer can set up an employee recognition system, where supervisors and/or co-workers can recognize employees for work achievements with positive recognition and "points" that can be redeemed for rewards.

Government/Nonprofits

1. Create boundaries. While it may feel like there is a never-ending workload, it is important to create boundaries between work life and personal life. This could include turning off email notifications after a certain time or making it clear to others when you are available for work-related matters.

2. Engage in group wellness activities. Government settings and nonprofits typically do not have the same financial resources as firms or corporate employers, but there are free or low-cost alternatives to promote physical well-being such as organizing an office walk or other physical activity.

3. Join a group. Practicing law in a government or nonprofit setting can be isolating, so it is important to foster and maintain connections with others outside of the workplace. This could include joining an industry group, a bar association, or a group of other similarly situated individuals.

4. Invest in management training. Organizations can train managers how to identify signs of burnout and other issues before an attorney has an urgent need. Managers can also work to find ways to allow attorneys autonomy while providing guidelines and reporting structures that help the organization.

While attorneys in different legal workplaces face different well-being challenges, little changes can make a positive difference to lawyer well-being and do not have to be costly propositions. The legal profession and those employing attorneys must acknowledge well-being issues and take proactive steps to aid attorneys in good well-being practices.

About the authors:

Bryn Hazelwonder is an attorney at Whitfield & Eddy, PLC in Des Moines. She represents clients on various matters including personal injury defense, products liability defense, vaccine injury, commercial and business litigation, and trucking and transportation litigation.

Kay Oskvig is a partner at the Whitfield & Eddy Law Firm in Des Moines, Iowa. In her role as Chair of the Firm's Labor & Employment Law practice group, she advises businesses on human resources issues. Kay also holds a national cybersecurity certification.

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