The legal profession is demanding. Client, peer, and self-imposed pressure often creates high stress levels within a law firm and for individual attorneys. While many lawyers are perfectionists in their practice, success in the practice of law can come at the expense of attorneys' own well-being.

Substance abuse is pervasive in the legal community. Studies consistently show that lawyers have higher rates of drug and alcohol abuse and mental illness compared to the rest of the working population.

The ABA has recently decided to take action on this issue. At its midyear meeting in Vancouver in February of this year, the American Bar Association's House of Delegates adopted a resolution urging legal employers to take concrete and immediate action to address the high rates of substance abuse and mental health issues for attorneys. While a nonbinding resolution, this step by the ABA demonstrates the prevalence and seriousness of the issue.

The ABA's resolution arises from a landmark study published two years ago by the Hazelden Betty Ford Foundation and the ABA's Commission on Lawyer Assistance Programs. This study highlighted troubling trends. According to the study, 21 percent of working attorneys qualify as “problem drinkers,” 28 percent deal with depression, and 19 percent struggle with anxiety issues. The study, which has been widely acknowledged as the most comprehensive of its kind, also showed that attorneys with less than ten years' experience are the most likely to suffer these problems. Remarkably, nearly 1 in 3 younger lawyers are “problem drinkers.” And this study came on the heels of a study of law school students that showed similar trends.

While it is clear that substance abuse is a serious issue impacting our legal community, the stigma surrounding substance abuse often makes it difficult for individuals to ask for help or for attorneys with concerns about their colleagues to take appropriate action. But many law firms and attorneys have decided it is critical for their members to provide support to colleagues suffering from substance abuse or other mental health issues. As the saying goes, a chain is only as strong as its weakest link.

The goal is to create an environment in which afflicted attorneys feel comfortable in reaching out for help and support. To achieve that end, many attorneys and law firms find the following steps helpful.

Mentoring Programs

Perhaps one of the most troubling findings from the ABA's study is that new attorneys suffer the highest rates of substance abuse and depression. A common assumption has often been that substance abuse develops as an attorney continues later into their career, as an outlet for coping with new types of stress, the mundane repetition of work, and/or challenges in their personal lives. And while that may be true for some, it may be that younger attorneys need the most attention or even treatment.

In order to help younger attorneys, law firms can consider promoting both official and unofficial mentoring programs. Mentors can range from peers to senior attorneys in the firm. These channels serve two purposes. First, they can match struggling young attorneys with someone to whom the attorney can privately discuss any concerns or issues. Second, they often allow more senior attorneys to identify individuals that may need assistance.

It is important to remember that the goal in most mentorship programs is not to create a witch hunt or to convey a paternalistic culture of absolute abstinence. Many attorneys are able to have a few drinks to celebrate or blow off steam without it interfering with their lives. However, studies show that persons suffering from substance abuse are often alone. Thus, employing mentors within a firm can help bridge the gap between isolation and candid discussions regarding a possible problem.

Inform Attorneys and Take Advantage of Programs

Many attorneys with substance abuse or mental health disorders take advantage of bar-sponsored programs. Others may not realize that state bar organizations, including California's, provide resources and counseling to those who need help. These resources are helpful both for people struggling with matters of addiction as well as for those who need assistance in figuring out how to help a struggling colleague.

Helpful tools exist beyond the state bar. Some firms have the benefit of Employee Assistance Programs (EAPs) through their malpractice insurer, which are used to help or provide coverage for treating these issues. There are many comprehensive programs that provide positive results, but the first step is to make sure that attorneys are aware that help is just a call away.

A Positive Firm Culture

A law firm's culture is as unique as the personalities of its partners and employees. While there is no singular “right” culture for all law firms, the goal for many law firms is to create a supportive environment for all employees needing assistance or intervention.

For example, a firm's culture may dictate whether attorneys, especially young attorneys, feel comfortable with asking for help. This culture can be created through the implementation of proactive measures that help identify substance abuse and mental health issues, and then provide avenues for attorneys to seek help.

As noted, victims of substance abuse and individuals suffering with mental health issues may feel that they are alone. Without a strong culture, attorneys may suffer in silence due to concerns that seeking help will cause them to either lose their job or suffer a reputational hit from which they cannot recover. Indeed, in firms where the “work hard, play hard” mentality prevails, a young attorney may be afraid to come forward and be deemed weak or unworthy.

Based on the statistics, the unfortunate reality is that attorneys are likely not the only ones at their firm suffering from substance abuse issues. By providing attorneys with the support they need to overcome these issues, law firms can help turn the statistics around.

Shari L. Klevens is a partner at Dentons US and serves on the firm's US Board of Directors. She represents and advises lawyers and insurers on complex claims, is co-chair of Dentons' global insurance sector team, and is co-author of “California Legal Malpractice Law” (2014). Alanna Clair is a partner at Dentons US and focuses on professional liability defense. Shari and Alanna are co-authors of “The Lawyer's Handbook: Ethics Compliance and Claim Avoidance.”