8 minute read
The Untold Story: COVID-19 Impact on Attorney Mental Health
BY LISA CAPLAN, LCSW-C
We’re familiar with the stories regarding the changes thrust upon lawyers due to the pandemic. Endless Zoom meetings, adjusting to working virtually and using new tools, being isolated at home, balancing work and acting as teachers, and dealing with changing court procedures. The profession has been evolving, and COVID-19 has accelerated the shifts in what it means to practice law, whether you’re a transactional attorney, litigator, or even an attorney in the Maryland legislature. The story we don’t hear, and one that is becoming ever more apparent, is the impact COVID-19, and this new normal is having on the mental health of attorneys navigating these circumstances.
COVID Has Become the Latest Stressor
In speaking with lawyers, judges, and law school students about their experiences, it quickly becomes apparent that the pandemic is only part of what has made 2020 so difficult. To different degrees, everyone is experiencing multi-layers of stress - including the pandemic, social unrest, and the election - that has impacted their work and personal life.
Initially, everyone, from the news to social media, thought a shutdown would last only a few weeks before returning to our “normal” lives. When one week turned into many weeks, and then months, lawyers, judges, and law students realized this was not ending anytime soon and we needed to learn to adapt to our changing circumstances.
The Maryland Lawyer Assistance Program has been around for over 40 years and has assisted thousands of lawyers managing stressful situations, but when the COVID-19 pandemic took hold in mid-March of 2020, and many activities and businesses began to shut down, Lawyer Assistance Programs around the country began to see a slight decrease in cases.
• Pennsylvania saw a decrease from mid-March through September, but with an overall increase in mental health cases from last year.
• DC reported a sharp decrease in new cases from mid-March through June but continued to see a mix of mental health and addiction cases similar to the prior year.
• In Maryland, we saw a decrease in total cases from mid-March through April, but with an increase in the severity of substance abuse cases where clients needed immediate treatment. Further, since April, we have seen an overall increase in new cases over the entire year.
Why the initial decrease in lawyer assistance cases?
It seems counterintuitive that the initial challenges of the COVID-19 pandemic would lead to a decrease in cases. However, this initial decrease in cases was not an accurate reflection of the ongoing and actual increased need for self-care and mental health services. Although the need was high, everyone was in survival mode trying to navigate the quick shift to working remotely, postponed cases and court closings, homeschooling and child care of young children, and trying to maintain some sense of normalcy. This left little time for attorneys to tend to their own stress, anxiety, and other mental health issues that were brewing under the surface.
- CIRCUIT COURT JUDGE CHARLES DORSEY III
Personally, around that time, I had many clients cancel appointments. One client shared that he did not have the time to focus on himself. He needed to figure out how to manage his cases given court closures. He said he was very stressed and anxious about how this would impact his practice, but couldn’t take the time to deal with his mental health at the time. Law students canceled for concern about classes going remote, going from credit to no credit courses, and what would happen with the bar exam. These were clients with mental health, substance use disorders, and a variety of other concerns that couldn’t take the time to take care of themselves because they were focused solely on how to survive the enormous changes.
- ANONYMOUS
The Real Untold Story
For the first time in my career, I received a call from four attorneys on the same day. They were all in crisis and needed immediate treatment for a substance use disorder. Two called while they were under the influence and desperate to get help sharing, “I wasn’t able to get to my in-person 12-step meetings and relapsed”. “I lost my support system, stressed over work and family and started using daily.” “ Losing my job increased my drinking.” Unfortunately, the disease of addiction by nature is an isolating disease and the shut down was paralyzing and led to relapses, increased use, and destructive behavior.
Out of the four, three were admitted to inpatient treatment and one started an intensive outpatient program. Due to financial difficulties from the pandemic three utilized our Bates/Vincent Fund which helps to pay for mental health and addiction treatment. In a typical year, three or four clients utilize the fund. This year, as of the date of this writing, we have had ten clients that needed support from the fund.
- ANONYMOUS
Due to lost jobs and lost insurance, we have seen an increase in clients needing help paying for ongoing mental health treatment. A client called, after participating in a training of mine asking how she can utilize the Bates/Vincent Fund to pay for ongoing counseling for her depression. The Bates/ Vincent Fund has saved many lives by allowing them to continue treatment.
Even in good times, lawyers already have concerning statistics for substance abuse and mental health issues. According to one study1, 1 substantial rates of behavioral health problems were found. The study found that 20.6% screened positive for hazardous, harmful, and potentially alcohol-dependent drinking. Levels of depression, anxiety, and stress among attorneys were significant, with 28%, 19%, and 23% experiencing symptoms of depression, anxiety, and stress, respectively. With the added stress of COVID, there is even more concern for lawyers' well-being.
Nielsen reports that for the general population alcohol sales in stores were up 54% in late March compared to the same time period last year, while online sales were up nearly 500% in late April.
The AMA reports that more than 40 states have reported increases in opioid-related mortality as well as ongoing concerns for those with a mental illness or substance use disorders.
During a crisis like this pandemic and the added stressors our society is experiencing, a heightened state of anxiety caused by layers of stress can continue for long periods of time, preventing people from decompressing. Anxiety can cause nervousness, overwhelming feelings, fear, and uncertainty of the future. It can be paralyzing, exhausting, and inhibit someone from moving forward. Anxiety can lead to depression where you can experience a change in appetite, sleep, and an inability to function in your daily life.
A Client's Perspective
I work for a mid-size law firm in downtown Baltimore. In March, we celebrated our only child’s third birthday at the same time COVID closed the doors of many offices, schools, and businesses. When my daughter’s preschool closed, her nanny took her five days a week. When schools started to reopen in September our nanny gave us the ultimatum it’s – “school or me, but NOT both because of COVID concerns,” I was stumped.
I cannot do my job effectively with a toddler in the background. And, of course, there’s that Zoom deposition where she rolls into the background without a shirt to tell me that Pinkie Pie, the toy pony, got paint on the floor. I was faced with a decision. What if COVID numbers increase in the Fall, closing schools again? We chose school and had zero ideas for child care in the event of a shut-down. The truth of the matter is that we are no different than any other working family hoping to get by in these times.
All in all, the lesson is that we are living in a time of complete and utter uncertainty about tomorrow. We are not alone and there are many others with much harder decisions than us.
- ANONYMOUS
Silver Linings and Suggestions
Learning to adapt during difficult times is a sign of resilience. Realizing that life doesn’t stop due to the pandemic and the many other stressors is vital in making it through these difficult times. A lawyer working for a Baltimore firm shared, “Covid has taught me that I could run a law practice out of my home. I now have a printer, scanner, and laptop and have become proficient in Zoom. I've not only conducted depositions via Zoom but all client meetings now take place on Zoom. I actually planned to go to the office today but realized I could get just as much done at home. The remote office will now be a new normal--- if it weren't for the need for human contact, I might not feel the need to go back.”
Despite the continued twists and turns the COVID-19 pandemic is having, I would like to offer one suggestion: Continue getting the treatment that you need. Despite how hectic things may become, continue to go to your doctor, counselor, or your support group meetings, they will help arm you with the tools you need to navigate these challenging times successfully.
To all of those that are members of the MSBA, Thank You. The fact that you belong to the MSBA allows us to continue to deliver confidential, free counseling and, when needed, refer clients to specialized providers at no cost. You also help support other health and wellness activities to support everyone in the legal profession Being a lawyer isn’t just a job. It’s belonging to a profession and being part of something much bigger. A profession that cares for its own.
If you need assistance anywhere in the state, contact the MSBA’s Lawyers Assistance Program at 888-388-5459.
