ABA 'Furiously Working' to Craft Proposal on Lawyers' Mental Health
Ahead of the American Bar Association's annual meeting this summer, an ABA working group is debating a proposed resolution to help lawyers and law firms deal with problems of mental illness and impairment.
May 21, 2018 at 02:19 PM
4 minute read
Photo Credit: Diego M. Radzinschi/ALM
The issue of attorneys' mental health will be a key issue confronting lawyers from around the country when they gather in Chicago for the American Bar Association's annual conference this summer.
The ABA is “furiously working” on a draft policy for legal employees and law firms grappling with impairment issues that the ABA could adopt at its annual meeting, said Terry Harrell, chair of an ABA presidential working group to advance well-being in the legal profession.
The draft proposal will provide lawyers and firms of all kinds with a framework for attorneys to report if they are—or think a colleague may be—impaired due to issues such as stress, depression, or declining cognitive ability.
“Impairment is not a diagnostic term, it is a functional term,” Harrell said. “It is a model policy so we're going to have to stay broad.”
The working group is drafting the proposal now so that it can be advanced to an ABA House of Delegates vote for adoption at the annual meeting, which starts at the end of July. Internally, the working group's members are working to overcome concerns about how to draft a policy that can encompass legal employers of all different sizes and types.
At the same times as the draft proposal is introduced, the working group hopes to present a tool kit to give firms suggestions for best practices, such as having on-site counselors present in the office, using surveys, and disseminating information about lawyer assistance programs and educational materials that include details about how to detect impairment.
Harrell said this tool kit would be available to firms later this fall at the latest.
At the ABA's National Legal Malpractice Conference in Washington last month, the organization's president, Hilarie Bass, told attendees that the suicide of a colleague in June 2017 sparked a desire on her part to do more to address mental health issues in the profession.
“It's not that we in firm management don't want to solve this problem, it's that we don't know how to do it,” Bass said at the conference.
Some firms have already begun taking steps on their own to address mental health, lawyerly well-being, and impairment problems. Akin Gump Strauss Hauer & Feld, for example, added an on-site behavioral assistance counselor to its D.C. office last month on a once-weekly basis. Akin chief operating officer Sally King said she expects to expand the program to include a counselor in each of its 20 offices around the world next year, due to the success of the pilot program in Washington.
Patrick Krill, a behavioral health consultant focused on the legal industry, said he held a series of training sessions for Akin and is working with the ABA on its impairment policy. Krill said he doesn't think Big Law is doing enough to address mental health issues, but that the climate is all beginning to change.
“What we're beginning to see is an open dialogue about principles that we should be striving for within the profession,” Krill said.
Krill said he has also been working with the ABA on a campaign to have law firms pledge to make lawyer well-being a priority. That is expected to be rolled out later this year, he said.
Such efforts to address lawyers' mental health and well-being will be informed by data gleaned from a law firm survey that Krill is working on with ALM Intelligence and The American Lawyer.
Harrell said the ABA Rules and Calendar Committee will review the impairment policy proposal on Monday and Tuesday, May 21 and 22. The ABA will then post the resolution online, which Harrell said would likely happen in June.
Read more:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllPaul Weiss’ Shanmugam Joins 11th Circuit Fight Over False Claims Act’s Constitutionality
‘A Force of Nature’: Littler Mendelson Shareholder Michael Lotito Dies At 76
3 minute readUS Reviewer of Foreign Transactions Sees More Political, Policy Influence, Say Observers
'Unlawful Release'?: Judge Grants Preliminary Injunction in NASCAR Antitrust Lawsuit
3 minute readTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250