Lawyers Coping With Enforced Social Isolation
In this new environment where lawyers are working remotely, serious stressors are at work resulting from the social isolation growing out of the COVID-19 pandemic, producing in some cases serious anxiety and depression.
June 02, 2020 at 10:45 AM
6 minute read
It is a new world for lawyers, no longer able to access their physical spaces, their dens, their law firm, offices, and conference rooms. The routines of lawyers have been abruptly altered by the coronavirus pandemic. In a recent article, Peter Lobl, "A Virtual Structure for Law Firms: Guidelines for Containing Your Lawyers' Anxiety in the Age of COVID-19," the author, a lawyer and psychologist, observed that our work routines have been disrupted: "What we are left with is ourselves in the place we inhabit alone, with family or with roommates. These routines and the places that represented the order of our work week and gave structure and meaning to our professional lives have vanished—and been replaced by Zoom."
We are now, all of us, formerly cohesive as a group, operating singularly but somehow together through digital technology. Our days are no longer taken up by occasional meetings in a colleague's office or at the refrigerator or coffeemaker stashed in the pantry. If we live with our families, the occasional videoconference may be interrupted by the barking of a dog or a child crying out. But whether we live in a family unit or alone, the lack of the work unit we were familiar with—the law firm that gathered up its professional staff every day, has produced very real and distinct social isolation that must be dealt with.
The social isolation resulting from the physical distancing necessitated as a response to the current pandemic may affect individuals and society on many levels, physically, emotionally, and psychiatrically. People are innately social beings. Isolation is unnatural and uncomfortable for most people (Solomon, "COVID-19 Checklist …" Psychiatry Research 298 (2020), 112986). Research has established a causal connection between social isolation and mortality. Id. The mechanism by which loneliness may accelerate mortality has been observed to be related to the increased expression of inflammatory genes and decreased expression of antiviral genes. Id.; see unnumbered footnote to Cole, S.W., et al., "Myloid differentiation, architecture of leukocyte transcriptome dynamics in perceived social isolation," Proc. Natl. Acad. Sci. USA 112 (49), 15142-15147. Social isolation has been linked to higher blood pressure and cardiovascular disease, vulnerability to infection, and an overactive immune system. Sandwood, "How Isolation Impacts Mental Health," Mental Health Connecticut (www.mhconn.org), Sept. 1, 2017. The effects of social isolation are relevant while millions of people are practicing social distancing in order to avoid infection with the deadly COVID-19 virus. Aside from the increasing likelihood of physical manifestations from social isolation, certain mental health problems can also be presented, including, stress, insomnia, emotional exhaustion, and substance abuse. Haremovic, "Psychiatry of Pandemics: A Mental Health Response to Infection Outbreak—Introduction (2019). Social isolation can be a precursor of loneliness resulting in a loss of self-identity, which is attained through companionship and community. Miltmore, "Hannah Arendt on How Loneliness Breeds Terror," Culture, March 15, 2018, www.intellectualtakeout.org.
Even before the mandated social distancing resulting from the COVID-19 pandemic, lawyers as a group had, according to a report noted in the April 2, 2018 American Bar Association Journal, ranked high on a "loneliness scale" and feelings of social isolation abounded especially among those who practiced alone. Even lawyers in large law firms were not immune, often feeling isolated in small, cubicle-designed areas. Law students are not immune either; older members of the Bar may remember their law school days when research papers or even general study time was done in a law library with its ever-present social buzz. Not now and not for some time; law students work with their laptops and some never see the inside of a law library if one still even exists.
Additionally, the stresses and feelings of social isolation often attendant to law practice have sometimes brought about alcohol and drug abuse that Bar Associations have become active in combatting. The American Bar Association has long been active (ABA Commission on Lawyer Assistance Program) in promoting a program for lawyers with substance abuse problems and mental illnesses. Those with substance use disorders may be especially susceptible to relapsing due to social isolation. Nora Volkow, M.D., "Collision of the COVID-19 and Addiction," Epidemics, Annals of Internal Medicine, April 2, 2020.
In this new environment where lawyers are working remotely, serious stressors are at work resulting from the social isolation growing out of the COVID-19 pandemic, producing in some cases serious anxiety and depression. The New York City Bar Association has stepped into this crisis by offering webinars titled "Tips for Coping with Coronavirus-Induced Anxiety" and "Mindfulness Methods for Challenging Times: Cultivating Calm, Focus and Well-Being."
We believe that the problems arising for lawyers from social isolation can be dealt with through two principal methods. The first involves law firms setting up regular online platforms for attorneys where they would meet at scheduled times to discuss problems involving work or otherwise. These meetings might include inspirational messages from a leader or coach with contributions and commentary provided by all attendees. Themes could be circulated in advance but above all, the goal would be to improve connectivity. Law firm exercise sessions might be scheduled as well on Zoom, Skype or other platforms. The important thing is for these platforms to become regular features of on-line law practice. For solo practitioners and small firms, it might be feasible to band together in some digital groups, using Zoom or Skype to advance this concept.
Finally, we would recommend that firms and Bar Associations consider offering online counseling sessions either in groups, or privately as individual sessions, for lawyers whose suffering from social isolation is beyond the ordinarily effective means to combat these problems. When the effects of social isolation transcend the assistance of, among other palliatives, meditation, mindfulness, inspirational messages, and self-help stopgap measures, mental health professionals ought to be available to lend help and support.
David B. Saxe served on the Appellate Division, First Department for 19 years. He is now a partner at Morrison Cohen. The views expressed are his own. Haley Volk Solomon is a psychiatry resident at Harvard South Shore affiliated with Harvard Medical School. She is the recipient of the Harvard Medical School Livingston Research Fellowship.
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