The Mental Illness and Substance Abuse Among …€¦ · Mental Health Statistics ... ADHD. 12.5%....
Transcript of The Mental Illness and Substance Abuse Among …€¦ · Mental Health Statistics ... ADHD. 12.5%....
The Mental Illness and Substance Abuse Among
Attorneys
Mackenzie Gilpin
Introduction
What is the problem?
Why is this a problem?
What has been done about the problem?
Mental Health Statistics - Participants
14,895 participants completed the survey
12,825 participants were employed and working in the legal field at the time of the survey
53.4% male participants and 46.5% female participants
Attorneys practicing for <10 years 34.8%
Attorneys practicing for 11-20 years 22.7%
Attorneys practicing for 21-30 years 20.5%
Mental Health Statistics - Overall
Washington study suggests that 19% of attorneys suffer from elevated levels of depression
North Carolina study suggests that 26% of attorneys suffer from symptoms of depression
9.5% of general population suffers with depression
Comparative study with medical students suggests that 16% of law students are mildly depressed
An additional 12% of law students are moderately to severely depressed
Mental Health Statistics - Suicide
In 1991, 12% of lawyers reported having suicidal thoughts every month
In 2016, Krill’s study, 11.5% of lawyers reported having suicidal thoughts at some point in their legal career
2.9% of participants in Krill’s study exhibited some type of self-injury behavior
0.7% of participants in Krill’s study reported ever having attempted suicide
Mental Health Statistics – Other Disorders
Anxiety 61.1%
Depression 45.7%
Social Anxiety 16.1%
ADHD 12.5%
Bipolar Disorder 2.4%
Alcohol Statistics - Overall
10-20% of attorneys are alcoholics
ABA reports that 15% of attorneys abuse drugs and alcohol
1990 Washington study suggests that 18% of the participants had drinking problems
General population was 10%
Krill’s study shows that 20.6% of participants had answers indicating problematic drinking
22.6% felt their drinking was problematic at one point
Alcohol Statistics – Hazardous Drinking
36.4% suffered from hazardous drinking or abuse
Women more likely to be problematic drinkers than men by 5.8%
39.5% for women
33.7% for men
Alcohol Statistics – When It Started
International Journal of Law and Psychiatry (1990)
Practicing 2-20 years 18%
Practicing 20 or more years 25%
Krill’s Study (2016)
First 10 years after law school 28.9%
More than 10 years after law school 20.6%
Drug Statistics
Drug % in last year % on weekly basis
Tobacco 16.9% 46.8%
Sedatives 15.7% 51.3%
Marijuana 10.2% 31%
Opioids 5.6% 21.6%
Stimulants 4.8% 74.1%
Cocaine 0.8% N/A
Contributing Factors – Law School
Law school
22% of law students reported law school being extremely stressful
59% of law students reported law school being fairly stressful
Crying episodes and loss of sleep
1981 Study at Arizona University Law School showed an increase in symptoms of OCD, interpersonal sensitivity, paranoid ideation, depression, hostility, and anxiety
Reasons law school is a contributing factor
Heavy course loads
Competition
Lack of Feedback
Contributing Factors - Dissatisfaction
Dissatisfaction among attorneys
1988 Maryland Bar study, consisting of 1000 participants, showed that 1/3 of the participants wanted to leave the profession
94% found the profession becoming too business oriented
80% felt that the legal field was viewed in an increasingly negative light
Why is dissatisfaction a contributing factor?
Case overloads
Pressure to specialize
Lack of client appreciation
Disciplinary Hearings - Statistics
ABA reported 50-60% of disciplinary hearings were motivated by substance abuse
Washington Bar reported 65% of disciplinary hearings involved substance abuse
Oregon Bar reported that 61% of attorneys involved in LAPs had disciplinary complaints against them
60% had malpractice suits filed against them
Disciplinary Hearings - Treatment
Krill reported that 6.8% of participants had received prior treatment
21.8% of those who had previous treatment, used programs specifically for legal professionals
Barriers Prior Treatment No Prior Treatment
Not wanting people to know they were seeking
help
50.6% 25.7%
Confidentiality 44.2% 23.4%
Disciplinary Hearings – Mitigating Factor Approach
Matter of Walker
In re Driscoll
Some requirements:
Suffering from substance abuse
Substance abuse was a substantial factor in causing the misconduct
Seeking treatment
Options for Suspension
Voluntary Removal
Seeking treatment or hospitalization for their disorders
Inactive Bar Status
Cannot have been adjudicated previously for incompetency
Must be incapable of practicing due to their physical or mental illness
Efforts Within the Bar
Commission on Impaired Attorneys
Servings as a clearinghouse on information about impaired lawyers and LAPs
Presenting an annual conference
Providing a speakers’ bureau
Encouraging continuing legal education providers to incorporate the topic into their programs
Lawyer Assistance Programs
Coordinating networks of statewide volunteers
Setting up interventions
Getting attorneys into treatment
Educating the profession
Involuntary Removal
Adjudication of Insanity of Mental Illness
Rules of Profession Conduct
Rule 8.3
How to Address the Issue – Improve Education Environments
Get more hands-on activities in the classroom
Communication between professors and students
Promote more events on campus where both professors and students can attend
How to Address the Issue – Educating Legal Participants About the Signs and Dangers
Interactive Seminars
Question-Answer sessions
Programs geared towards educating about substances and abuse
Fundraisers promoting education to the general public
How to Address the Issue – Substance Abuse Policies Within Law Firms
Designate a person to observe lawyers’ performance
Look for signs of substance abuse that would impair the ability to perform their job
Inform employees about treatment options available
Emphasize the confidentiality of the programs
Will not receive any consequences within their job for seeking treatment.
Conclusion
Lawyers suffer from mental illness and substance abuse at a higher rate than the general population
They have consequences within their career due to these disorders
They have a lot of responsibility
Can’t eliminate the risk, but can decrease the risk