In February 2019, I stepped down from my position as general counsel of Ingredion after 22 years. I had a wonderful career – it’s a great company, I can’t say enough positive things about it – but 22 years is a long time. The previous year, I had taken a continuing legal education program on mental health, largely because it’s now a requirement in Illinois to maintain your bar license. The program I chose was on burnout and, as I was listening, I started to recognize a lot of these symptoms in myself: feeling continually overwhelmed, having a lack of patience and energy to connect with others, and physical symptoms including headaches and not sleeping well. I realized that I desperately needed a change. I knew I was under stress. I knew I had anxiety – I guess I just didn’t realize it was a problem. I hadn’t stepped back and taken a look at all of these disparate symptoms and said: hey, there’s something more here.
For a long time, those of us in the law thought of mental health issues as being limited to drug addiction or alcohol abuse. We didn’t realize there was so much more to mental health. And people didn’t speak about these issues – except maybe with their very close friends – for fear of being judged, losing their jobs or not being seen as good enough to continue practising law. I realized that, right now, we need to be able to speak openly about mental health. Storytelling is very important – people using their own voices and talking about their own experiences.
There’s a landmark study called the ABA Hazelden Betty Ford Foundation Study. It was completed in 2016, and it surveyed 15,000 attorneys in 19 states, all currently employed in the legal profession. 21% self-identified as having difficulties with alcohol, 28% self-identified as struggling with depression and 19% indicated that they demonstrated symptoms of anxiety. What’s scary is 11.5% had considered suicide. Younger attorneys in the first ten years of practice reported a higher incidence of these problems, and that’s a change, because earlier studies showed this as more of a ‘later-in-career’ problem. The study showed that attorneys in the United States had higher rates of drinking and mental health issues than in other high-stress professions. Lawyers working in law firms have the highest rates of alcohol abuse, and law students drink more alcohol and have higher rates of anxiety than their non-law peers.
There are a lot of factors at play. Law is a hard profession; it’s stressful, you work long hours, and you give a lot of yourself personally. Many lawyers are ‘type A’ personalities and we are driven to win, both personally and on behalf of our clients. We are taught to look for risk in every situation, and even in our personal lives we spend time looking for what can go wrong. Many of us have very high personal standards of performance and, for many of us, particularly in law firms, long hours can be seen as a proxy for both devotion and success. There is a fear that admitting to vulnerability of any kind can be career limiting. There’s also a perception that there is some ideal model of what a lawyer should look like, and I think that’s even more true in the big law firms. That model is not a true reflection of who a lot of people are – in addition to creating mental health stressors, perhaps this hits our diverse lawyers even harder.
I think one thing that needs to improve is our storytelling – the ability for people to speak out and say: ‘This is my experience and I’m still a good lawyer’. Flextime, alternative career paths, use of technology in the work environment – these are all partial answers. But the biggest piece is really to remove the stigma around the topic of mental health and bring it into the light of day. The next generation of lawyers needs to know they are not alone, and that it’s acceptable to make their own wellness a priority. It could be through individual actions like meditation, yoga, fitness and personal care. But I think, particularly with younger employees coming into the workforce, people are realizing that a stressed out, burnt-out workforce is not going to be competitive in the future. People should be incentivized – or at least disincentivized – for behaviors that are not sustainable in the long term. You need to remember that a legal career is a long-term play – it’s not about how many hours you can bill this year.
I think younger workers are using their feet to demand better working environments. Younger employees don’t expect to work for an employer for 20 years – they expect to work at multiple different companies and in different industries throughout their career, and perhaps even change their professional focus. If they are in a work environment they don’t like, they’re going to leave. They feel perfectly free to try something new. Work environments that acknowledge and cater to the whole person will win the war for talent.
I also think we need to make sure that our professional interactions, our networking events and our social interactions, are comfortable for everyone. There are a whole host of diversity topics here, but alcohol plays a key part in the mental health arena. Alcohol does not need to be served in order to have a social or networking event. I think the younger generation would appreciate that from us. I sit on the board of trustees of a law school and I’ve heard law students in the student lounge complaining about this – they want to go and meet lawyers and learn about the profession. They don’t want to drink. They don’t want to see alcohol at every event.
As a workforce, we are seeing people in their 40s and 50s who are really struggling with mental health issues and who are realizing, perhaps based on the good example that our younger employees provide, that it’s alright to talk about things.
The legal profession agrees. The ABA model rule recommends that lawyers earn one continuing legal education credit hour in mental health or substance abuse disorders every three years, as well as one hour of diversity and inclusion programming. States are not required to do this, but Illinois adopted this recommendation, and it’s definitely a growing trend. In part, Illinois did so because people didn’t take these courses despite them always being available. There was a perception that taking a mental health program could reflect negatively on the attorney, or that they were only for people with a drug or alcohol problem. In Illinois, we also have the Lawyers’ Assistance Program (many states have something similar), which is a free scheme providing help for lawyers experiencing mental health issues. The continuing legal education requirement helps publicize the available resources, so that more attorneys know they can get support.
More experienced lawyers also need to help law students, younger lawyers, and the non-lawyer professionals around us feel comfortable talking about these issues and finding help. Even if it’s something that seems trivial, like burnout: to speak about it, to realize it’s important, to get help, to make change – these can all serve to remove the stigma and create the sense that seeking help doesn’t mean someone has a problem, it just means they are taking care of themselves.
I think that when we talk about the war for talent, companies and law firms need to take care of their existing talent. I think the greatest compliment that can be paid to a general counsel, or any leader, is when a member of their team becomes a general counsel somewhere else, or takes a promotion somewhere else, because that general counsel or leader helped create a safe place for them to grow, professionally and personally.
I recently completed the National Diversity Council’s DiversityFirst certification program. I saw diversity and inclusion gaining stature as a profession, not just a function of human resources, similar to the relationship of the legal department and compliance a decade ago. I felt like training in this area has been way too slow in coming – and it’s been limited to human resources professionals. The continuing legal education courses I attended on this topic didn’t go deep enough. I wanted to go beyond ‘diversity is good’ and really talk about practical ways to create an inclusive environment and to be an inclusive leader.
I feel we are at an interesting intersection of the law and D&I. In the past, lawyers counseled our clients to be color blind. Knowing too much about employees’ personal lives can lead to employment discrimination claims, particularly in the event of an unrelated performance action or a cost-based restructuring. We struggled as lawyers when clients wanted to have metrics or quantitative data about diversity, for fear this information could be used in litigation. But D&I really requires us to embrace differences and be able to talk about them openly – and I think we all agree that if you don’t measure in some way, diversity doesn’t happen. The old way of counseling our clients just doesn’t fit the workplace of today or of tomorrow. We need to be thinking about what workplace interactions will look like in this very inclusive employment environment. How do we get there today, without increasing our risk of employment litigation? For a lot of companies, that is a big concern, but one that can be overcome as we embrace and create inclusive workplaces, with a focus on the employee as a unique individual, while we all learn how to speak openly about mental health and diversity issues.