Mental Health Issues for Attorneys

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Mental Health Issues for Attorneys
CMCP/Kaiser 8th Annual CLE Marathon                                    Date of Activity: January 16, 2019
Mental Health Issues for Attorneys                              Time of Activity: 9:00 am – 10:00 am PST

              Mental Health Issues for Attorneys

              Linda Kim, MD
              CMCP/ KP CLE meeting
              January 16, 2019

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              Agenda

            • “The Arrival”
            • Current Landscape
            • What are common Mental Health and Substance Abuse issues and how do
              I know what they are?
            • What can we do?
            • Comments and Questions

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California Minority Counsel Program                                                                    1
Mental Health Issues for Attorneys
CMCP/Kaiser 8th Annual CLE Marathon                                                                                   Date of Activity: January 16, 2019
Mental Health Issues for Attorneys                                                                             Time of Activity: 9:00 am – 10:00 am PST

              “The Arrival”

                                            http://www.abajournal.com/voice/article/4_strategies_for_building_the_habit_of_lasting_resilience_in_the_legal_prof/?icn=sidebar&ici=text

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              Current Landscape of Mental Health

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California Minority Counsel Program                                                                                                                                                     2
Mental Health Issues for Attorneys
CMCP/Kaiser 8th Annual CLE Marathon                                                           Date of Activity: January 16, 2019
Mental Health Issues for Attorneys                                                     Time of Activity: 9:00 am – 10:00 am PST

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              Mental Health in USA

              • Mental Illnesses are very common, among the most common health condition
              • 1 in 5 will be diagnosed with a MH condition in any given year
              • Over 50% will be diagnosed with a mental illness or disorder at some point

              • Suicide Rates are increasing (2012 to 2016, 12.9/100,000 to 17.3/100,000)
                   Nearly 45,000 deaths by suicide in 2016
                   Nearly half the states have had increasing rates of suicide by 30%
                   More than 50% of all those who died by suicide were not known to have a MH illness
                   Males (21.4/100,000) and Women (6.0/100,000) in 2016. This represents a 50%
                    increase in females from 2000 to 2016

                                                                         https://www.cdc.gov/nchs/products/databriefs/db309.htm

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California Minority Counsel Program                                                                                               3
Mental Health Issues for Attorneys
CMCP/Kaiser 8th Annual CLE Marathon                                                                                                              Date of Activity: January 16, 2019
Mental Health Issues for Attorneys                                                                                                        Time of Activity: 9:00 am – 10:00 am PST

              Suicide Rates are increasing.
              CA rate increased by 15%

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              “The Study”

              • 2016 review of nearly 13,000 currently practicing lawyers1
                      21-36% qualify as problem drinkers
                      28% struggle with depression
                      19% struggle with anxiety
                      23% struggle with elevated stress
                      25% work addiction
                      “Signal an elevated risk in the legal community for mental health and substance use disorders
                       tightly intertwined with an alcohol-based social culture”
              • For reference, nearly 1 in 3 medical professionals are depressed
              • Suicide rates in lawyers – for males, 14th highest job category (18.7/100,000) and for females, 5th
                highest (9.2/100,000)

                1. ABA Commission on Lawyer Assistance Programs and Hazleden Betty Ford Foundation
                Peterson C, Stone DM, Marsh SM, et al. Suicide Rates by Major Occupational Group — 17 States, 2012 and 2015. MMWR Morb Mortal Wkly Rep 2018;67:1253–1260.
                 DOI: http://dx.doi.org/10.15585/mmwr.mm6745a1

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California Minority Counsel Program                                                                                                                                              4
Mental Health Issues for Attorneys
CMCP/Kaiser 8th Annual CLE Marathon                                                                      Date of Activity: January 16, 2019
Mental Health Issues for Attorneys                                                                Time of Activity: 9:00 am – 10:00 am PST

              Brief Overview of Depression, Anxiety, and Alcohol Use Disorder

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              Signs and symptoms of depression
              • Persistent sad, anxious or "empty" mood
              • Sleeping too much or too little, middle of the night or early morning waking
              • Reduced appetite and weight loss, or increased appetite and weight gain
              • Loss of pleasure and interest in activities once enjoyed, including sex
              • Restlessness, irritability
              • Persistent physical symptoms that do not respond to treatment (such as chronic pain or digestive
                disorders)
              • Difficulty concentrating, remembering or making decisions
              • Fatigue or loss of energy
              • Feeling guilty, hopeless or worthless
              • Thoughts of suicide or death

                            Diagnostic and Statistical Manual 5 (DSM 5)
                            http://www.mentalhealthamerica.net/conditions/depression#depression

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California Minority Counsel Program                                                                                                      5
Mental Health Issues for Attorneys
CMCP/Kaiser 8th Annual CLE Marathon                                                                               Date of Activity: January 16, 2019
Mental Health Issues for Attorneys                                                                         Time of Activity: 9:00 am – 10:00 am PST

              Depression
              • Prevalence: 20-25% of adults (at some point in lifetime)
              • Prevalence: 8.1% aged 18 and above had depression in a given 2 week period of time
              • Higher in women, 10.4% in women, 5.5% in men
              • Frequently undiagnosed in older and younger populations, underreported in men
              • Previous episode of depression

                                                                                 Diagnostic and Statistical Manual 5 (DSM 5)
                                                                                 http://www.webmd.com/depression/guide/major-depression#1
                                                                                 https://www.cdc.gov/nchs/products/databriefs/db303.htm

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              Anxiety
              • Most common MH Illness
              • Prevalence: Aged 18 and older, 19% had anxiety disorder
              • Higher in women, 23.4% in women, 14.3% in men
              • Include Generalized Anxiety Disorder, Panic Disorder, Social Anxiety Disorder, Specific Phobias,
                Obsessive Compulsive Disorder, and PTSD

                           Diagnostic and Statistical Manual 5 (DSM 5)
                           https://www.nimh.nih.gov/health/statistics/any-anxiety-disorder.shtml#part_155094

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California Minority Counsel Program                                                                                                               6
Mental Health Issues for Attorneys
CMCP/Kaiser 8th Annual CLE Marathon                                                                       Date of Activity: January 16, 2019
Mental Health Issues for Attorneys                                                                 Time of Activity: 9:00 am – 10:00 am PST

              Signs and symptoms of anxiety

              Generalized anxiety disorder symptoms include:
              • Feeling restless, wound-up, or on-edge
              • Being easily fatigued
              • Having difficulty concentrating; mind going blank
              • Being irritable
              • Having muscle tension
              • Difficulty controlling feelings of worry
              • Having sleep problems, such as difficulty falling or staying asleep, restlessness, or unsatisfying sleep

                                                                               https://www.nimh.nih.gov/health/topics/anxiety-disorders/index.shtml

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              Alcohol Use Disorder

              • Around 16 million people age 18 and over have Alcohol Use Disorder
              • 9.8 million men and 5.3 million women, total of 6.2% of the population in 2016

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California Minority Counsel Program                                                                                                                   7
Mental Health Issues for Attorneys
CMCP/Kaiser 8th Annual CLE Marathon                                                                          Date of Activity: January 16, 2019
Mental Health Issues for Attorneys                                                                    Time of Activity: 9:00 am – 10:00 am PST

              Alcohol Use Disorder – 2 or more of the below qualifies for AUD
              (2-3 is Mild, 4-5 Moderate, 6+ Severe)
              • Had times when you ended up drinking more, or longer than you intended?
              • More than once wanted to cut down or stop drinking, or tried to, but couldn’t?
              • Spent a lot of time drinking? Or being sick or getting over the aftereffects?
              • Experienced craving — a strong need, or urge, to drink?
              • Found that drinking — or being sick from drinking — often interfered with taking care of your home or family? Or
                caused job troubles? Or school problems?
              • Continued to drink even though it was causing trouble with your family or friends?
              • Given up or cut back on activities that were important or interesting to you, or gave you pleasure, in order to drink?
              • More than once gotten into situations while or after drinking that increased your chances of getting hurt (such as
                driving, swimming, using machinery, walking in a dangerous area, or having unsafe sex)?
              • Continued to drink even though it was making you feel depressed or anxious or adding to another health problem? Or
                after having had a memory blackout?
              • Had to drink much more than you once did to get the effect you want? Or found that your usual number of drinks had
                much less effect than before?
              • Found that when the effects of alcohol were wearing off, you had withdrawal symptoms, such as trouble sleeping,
                shakiness, irritability, anxiety, depression, restlessness, nausea, or sweating? Or sensed things that were not there?

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              Why more common in Lawyers?

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California Minority Counsel Program                                                                                                          8
CMCP/Kaiser 8th Annual CLE Marathon                                                                                                                                                  Date of Activity: January 16, 2019
Mental Health Issues for Attorneys                                                                                                                                            Time of Activity: 9:00 am – 10:00 am PST

                                                                                               Risks specific to Lawyers

                                                                                                                                      Time
                                                                                                                                    Pressures

                                                                                                                                                                   Intense
                                                                                          Perfectionism                                                          demands of
                                                                                                                                                                   the job

                                                                                            +/- Highly                                                           Demands
                                                                                           Adversarial                                                            exceed
                                                                                           Environment                                                           resources

                                                                                                                                    Long and
                                                                                                                                    Stressful
                                                                                                                                   Work Hours

          https://lawyerist.com/94605/recognize-prevent-lawyer-burnout/
          http://www.lawyerswithdepression.com/articles/a-lawyers-guide-to-dealing-with-burnout-does-burnout-mean-i-should-leave-my-job-or-the-law-altogether/

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                                                                                                         Raise your hand if…

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California Minority Counsel Program                                                                                                                                                                                  9
CMCP/Kaiser 8th Annual CLE Marathon                                                                                                                                                        Date of Activity: January 16, 2019
Mental Health Issues for Attorneys                                                                                                                                                  Time of Activity: 9:00 am – 10:00 am PST

            A Lawyer writes in…

            “How do I deal with it? Not very well. While I hope my experience is an extreme case, I fear it is
            not uncommon. My stress follows me home from my office. My stress has not only damaged my
            relationships with friends and family, but is has put a large strain on my marriage. My stress has
            turned me into a person I have trouble recognizing. My stress has put me into therapy where I talk
            about feeling trapped or stuck in a situation that will never improve because I will never get a
            better job. My stress makes me drink too much sometimes and has me taking anti-depression and
            anti-anxiety medication.
            Despite it all, I pray and rely on my faith that it will get better. My stress will not win.”

                                                                                                        https://abovethelaw.com/2018/08/stressed-out-lawyers-in-first-10-years-of-practice-more-likely-to-have-mental-health-and-wellness-issues   /

           19January 14, 2019   |   © 2011 Kaiser Foundation Health Plan, Inc. For internal use only.

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                   NATIONAL TASK FORCE ON LAWYER WELL-BEING
                   Creating a Movement To Improve Well-Being in the Legal
                   Profession

                    ENTITIES REPRESENTED: ABA LAW PRACTICE DIVISION, ABA CPR
                    PROFESSIONALISM, ABA/HAZELDEN STUDY, APRL, ALPS, CoLAP, CONFERENCE OF
                    CHIEF JUSTICES, NCBE, NOBC

                    August 14, 2017

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California Minority Counsel Program                                                                                                                                                                                                                    10
CMCP/Kaiser 8th Annual CLE Marathon                                                                         Date of Activity: January 16, 2019
Mental Health Issues for Attorneys                                                                   Time of Activity: 9:00 am – 10:00 am PST

              So What Can I Do?

              Well-Being Tool Kit – American Bar Association
              https://www.americanbar.org/content/dam/aba/administrative/lawyer_assistance/ls_colap_well-
              being_toolkit_for_lawyers_legal_employers.authcheckdam.pdf://

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          Lawyer Well-Being                                                                     Occupational

          WHO’s Healthy Workplace
          A healthy workplace is one in which all                             Social                                 Emotional
          organizational members collaborate to
          continually improve processes to protect
          and promote member well-being and
          organizational success. All seek
          alignment of organizational and member
          goals and needs so that they can grow
          and thrive together.
                                                                             Spiritual                                Physical

                                                                                                  Intellectual

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California Minority Counsel Program                                                                                                        11
CMCP/Kaiser 8th Annual CLE Marathon                                                                              Date of Activity: January 16, 2019
Mental Health Issues for Attorneys                                                                        Time of Activity: 9:00 am – 10:00 am PST

          RECOMMENDATIONS FOR ALL STAKEHOLDERS
          1. Acknowledge the Problems and Take Responsibility.
          2. Use This Report as a Launch Pad for a Profession-Wide Action Plan.
          3. Leaders Should Demonstrate a Personal Commitment to Well-Being.
          4. Facilitate, Destigmatize, and Encourage Help-Seeking Behaviors.
          5. Build Relationships with Lawyer Well-Being Experts.
                1. Partner with Lawyer Assistance Programs.
                2. Consult Lawyer Well-Being Committees and Other Types of Well-Being Experts.
          6. Foster Collegiality and Respectful Engagement Throughout the Profession.
                1. Promote Diversity & Inclusivity.
                2. Create Meaningful Mentoring and Sponsorship Programs.
          7. Enhance Lawyers’ Sense of Control.
          8. Provide High-Quality Educational Programs and Materials About Lawyer Well-Being.
          9. Guide and Support The Transition of Older Lawyers.
          10. De-emphasize Alcohol at Social Events.
          11. Use Monitoring to Support Recovery from Substance Use Disorders.
          12. Begin a Dialogue About Suicide Prevention.
          13. Support A Lawyer Well-Being
             23January 14, 2019   |   © 2011 Kaiser Foundation Health Plan, Inc. For internal use only.

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                   Please, don’t tell me to just go out and meditate…

                   • 10 TED Talks for when you feel burnt out
                   https://www.ted.com/playlists/245/talks_for_when_you_feel_totall

                   • Add Humor to your day
                   • Take a few deep breaths
                   • Walking Meeting
                   • Meetings with “the Arrival”
                   • Gratitude Journal
                   • Take time to transition
                   • One minute meditation
                   • The basics – sleep, exercise, nutrition

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California Minority Counsel Program                                                                                                             12
CMCP/Kaiser 8th Annual CLE Marathon             Date of Activity: January 16, 2019
Mental Health Issues for Attorneys       Time of Activity: 9:00 am – 10:00 am PST

              Beautiful, serene garden

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              Right in front of me…

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California Minority Counsel Program                                            13
CMCP/Kaiser 8th Annual CLE Marathon          Date of Activity: January 16, 2019
Mental Health Issues for Attorneys    Time of Activity: 9:00 am – 10:00 am PST

              Questions?

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California Minority Counsel Program                                         14
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