Protecting Your Most Important Property

Lawyers often fall into buying the myth that professional role has somehow anointed them as universal problem solvers, always in control, presenting a veneer of invincibility. In reality, the pressures of the vocation expose them to more vulnerabilities, not fewer. Lawyers deal with long hours, high stakes, an adversarial world, and the pressure of constant expectations. An IP attorney, in particular, is expected to master complex technologies, navigate detailed legal frameworks, and anticipate the future, while appearing knowing and composed. You may have heard about the 2023 report by NORC (a research consulting firm affiliated with University of Chicago) that summarized results of a widescale study of Massachusetts lawyers, conducted in cooperation with LCL and the SJC Standing Committee on Lawyer Well-Being. This survey-based study found disturbingly high levels of anxiety, burnout, and hazardous drinking among lawyers. The findings are relatively consistent with a 2016 survey of lawyers in several other states by the ABA’s Commission on Lawyer Assistance Programs in conjunction with the Hazelden Foundation. (That research found more elevation in depression and less in anxiety, compared to NORC, a change that may in part represent the impact of the pandemic, which seems to have exerted an anxiety-exacerbating impact on the population as a whole.) At Lawyers Concerned for Lawyers, our clinical staff has been seeing lawyers for mental health, addiction, and stress-related issues for decades. Legal practitioners as a group can be so focused on their cases that we have recurrently encountered individuals who barely notice their own state of mind (and sometimes physical health) until they reach a point of career-jeopardizing crisis. Sometimes, although they can analyze a legal matter in depth, they have avoided attending to their own feelings or relationships. A more recent observation, on the reassuring side, is that younger lawyers appear to be more open to awareness of their emotional lives, and more willing to put aside their professional armor. Of course, the workplace landscape within which lawyers operate plays a major role in all of this, starting with the acculturation of law school (where some incremental improvements are now in progress) and extending into longstanding procedures, structures, and mechanics that are very difficult to change, even as law firms attempt to make small changes such as offering slightly more flexible schedules or time off. Most of the responsibility for personal well-being still falls to the individual, which at times means paddling against the currents of the profession. The most effective attorneys – those who think most clearly, communicate most effectively, and build the most solid client relationships – may be those who do not lose sight of the importance of prioritizing their well-being. What, then, can we recommend to lawyers to counteract the professional demands and culture that may work against their own welfare? For starters, it is a good idea to take a mental/physical/relational inventory on something like a daily basis. Of course, those who see a therapist or engage in some form of meditation or contemplative prayer may more automatically focus on such a review, but one may also find opportunities for a self-check-in while in the shower or the first moments after awakening. We might ask ourselves:

• How do I feel? (emotionally and physically)

• Where does it hurt?

• What, if anything, is weighing on me?

• How am I feeling about my relationships with
• Those closest to me
• People I encounter at work
• My long-time friends?

Aside from working, two particularly central human needs are eating and sleeping. If either reasonable nutrition or a decent night’s sleep is lacking more than occasionally, both your lawyerly acumen and general health are likely to suffer. Exercise of some kind is associated with overall health, better mood, and lower likelihood of chronic illness. This could mean going to the gym, running, swimming, etc., but also includes activities like hiking, golf, softball, and biking. For many of us, when we think of the well-being movement, meditation/mindfulness comes to mind. Indeed, there is ample evidence that it is really good for you in many ways, even including your work product. There are many forms of meditation, whether group or individual, guided, or self-guided, and many sources for more information and sample experiences, including on LCL’s own website, which draws upon the particular expertise of our resident mindfulness and yoga expert Dr. Tracey Meyers. But there are other methods of enhancing wellness to counterbalance professional and other sources of stress, some of which we may not think of as self-care. A very important one is open and genuine communication with other human beings – expression coming from your true, authentic self, not your lawyerly role. We are mammals, evolved to thrive in a context of connection to others. While lawyers are trained to keep a great deal of information to themselves, disclosed only when it helps the case, that kind of stance is counterproductive when it comes to coping with life; stresses and worries, as well as meaningful positive events, are best shared (with the right people). Some individuals seem to have begun using Chat GPT for this purpose – we are still inclined to recommend actual human beings. Humor – whether as a coping mechanism or simply the experience of laughter induced by streaming a podcast or standup routine – is also a stress reducer that we do not tend to think of as self-care, but it is. Similarly, the experience of music, as either a listener or player, and perhaps especially when singing or playing along with others, is equally valuable. Both of these have, in studies, been associated with lower levels of stress hormones, increased levels of feel-good neurochemicals, and self-report scale scores indicative of better mental health. And there is more – absorption in literature, art, or film, or in an array of hobbies, from birdwatching to gardening, crafts, acting… No one can engage in all these self-care activities, but everyone can (and deserves to) experience their share. Of course, there are also modes of coping that make things worse rather than better – largely, these are potentially addictive behaviors. We are all susceptible to immediate relief/rewards such as those that can come from alcohol, drugs, gambling, etc. That kind of “quick fix” for troubling feelings and situations can be very appealing in that it can be instantaneous – if only it didn’t tend to create more problems than it solves. But that is a theme for another discussion. Your professional status may carry prestige, but it doesn’t justify sacrificing your ability to thrive as a human being. In addition, noticing your own needs and feelings and taking reasonably good care of yourself is likely enhance and prolong your career and to make as big a difference as the number of hours you have billed or the number of patents you have prosecuted. Now is as good a time as any to retire the myth of the superhuman attorney and embrace the understanding that, in the midst of a stress-laden world, addressing your own needs is not a weakness but an advantage.