Burnout in the Legal Profession

Burnout is a hot topic in wellness presentations and ethics CLEs, but what does it really mean in practice? Dr. Herbert J. Freudenberger coined the phrase “burnout” in 1974, defining it as “the extinction of motivation or incentive, especially where one’s devotion to a cause or relationship fails to produce the desired results.” Previous corporate strategies for addressing burnout in the workforce have focused on vacation days—and, for some, a weekend at the lake may “cure” what they perceive as burnout. For others, vacation days aren’t the fix, and actual burnout wreaks surprisingly destructive havoc on their lives and the lives of those around them.

I'm doing "self-care"—isn't that enough?

The key to preventing or addressing burnout is not a once-a-year reminder to not overload yourself—especially if this reminder is not actually modeled at the management level. Does your self-care look like any of these?

• Going to yoga or a workout class at 5AM every morning

• Drinking coffee from a mug that says #blessed

• Taking a “vacation day” with your feverish kids while you attempt to work from home in between the coaxing to eat a bite of potato soup and the screaming, followed by the realization on your way to work the next morning that you, too, have the stomach bug

• Replacing all your lunches with green smoothies

• Spending 15 minutes with a selfcompassion coloring book

The wellness industry fills us with messaging that the key to get our lives— and our stress levels—under control is just to try a little harder. Spoiler: the problem isn’t that you need to try any harder.

What's the harm, anyway?

We’ve all heard the statistics on lawyer well-being. Our profession—including both men and women—has had alarmingly high substance abuse rates and poor mental health outcomes for some time—and that was before a global pandemic rocked our personal and professional worlds. Researchers reported data1 from a recent survey of attorney respondents, reporting the following alarming developments:

• 44% described mental health problems and substance abuse at a “crisis” level in the legal industry

• 35% said they personally feel depressed

• 75% said their profession has had a negative effect on their mental health over time

• 64% reported their personal relationships have suffered because of being a member of the profession

• 19% answered “yes” to the following question: “In your professional legal career, have you contemplated suicide?”

We think you’ll agree—the stakes are just too high. In addition to these mental health risks, a chronically activated stress response impacts every organ system in our bodies. The most common example of the physiological effects of chronic stress is the havoc that a chronically high blood pressure can wreak on your cardiovascular system, but similar dangers exist to our digestive, immune, musculoskeletal, and reproductive systems. Increased diagnoses of autoimmune diseases, chronic pain, and infertility, for example, have all been linked to long-term stress. Continued periods of elevated stress cause burnout. “Burnout” is not an exaggeration or an unrealistic complaint of the millennial generation— unmitigated burnout is killing us, and it’s killing the people we love.

What is burnout?

Freudenberger’s research, most recently revisited by Emily and Amelia Nagoski, describes burnout using three components:

1. Emotional exhaustion that comes with caring too much, for too long;

2. Depersonalization that results from the depletion of empathy, caring, and compassion; and

3. A decreased sense of accomplishment, which presents in a feeling of helplessness when nothing we do seems to make a difference.

Emily and Amelia Nagoski add to this, describing emotions as whole-body reactions to a stimulus that are automatic and instantaneous. These emotions eventually end on their own—if we allow them to move all the way through their cycle, like driving into, through, and out of a tunnel. Exhaustion is what happens when we get stuck in the middle of the tunnel.

Logic tells us that when we are under a lot of stress before a big event—like a trial, a deadline, or the closing of a transaction —we’ll recover and feel back to normal once the big event is over. The trial is over! We cracked the case! Or we didn’t. Either way, it is over. However, to the contrary, we often find that the stress doesn’t leave our bodies just because the stressor is gone —sometimes, we even feel worse. This might resonate if you’ve ever gotten sick after a big event, or when you have time to relax. Personally, I have a running record of getting sick on what was supposed to be a relaxing vacation.

We traditionally think that the most dangerous stress originates from a larger life event, like losing a loved one, facing a divorce, or being diagnosed with a lifechanging medical condition. However, we have a significant number of “regular” stressors every day, like a constant project that greets you on your desk every morning, or a client whose “emergency” needed to be handled yesterday—always. The cumulative effect can be just as harmful as stress that comes from a life event that stops us in our tracks.

These stressors activate a physiological stress response in our bodies, which helps us respond to the “threat.” The only problem here is that our evolutionary brain is programmed to respond to threats in three ways: fight, flight, or freeze. While these responses may be heavily effective if we are being chased by a lion, they are less helpful while looking at a meeting invite that assumes we can be in three places at once or working against an impossible deadline when a large transaction is on the line.

How do we combat burnout?

Unfortunately, we can’t intellectualize our way out of burnout. To combat burnout, we must do something to signal to our cave man brains that they can cut out the stress response and stop flooding our bodies with chemicals to help us fight off a lion. It follows then, that the practical steps we can take to deactivate the stress response are based in these physiological needs.

1. Researchers continue to note that physical activity is the most efficient strategy for completing the stress response, because it’s rooted in the evolutionary memory that fleeing or fighting deals with the threat we perceive. There’s no magic exercise program or goal of calories burned —a time of dedicated movement is enough to send the signal to your brain that the threat has passed.

2. Take a few deep breaths! A breathing practice is an incredibly useful tool to manage emotional reactions in the moment and make us better lawyers. If we are able to breathe in to the count of five, hold that breath for five, and then exhale for a count of 10, and pause for another count of five—and do that three times—we can calm our sympathetic nervous system and make sure our leveled response is one we are able to choose and not one that our body chooses for us

(which is always to the detriment of our clients).

3. Positive Social Interaction Affection and Laughter—humans are social beings, and we need connection and affection to survive. We can fulfill this need in many ways, whether we schedule dinner with friends, a family movie night with our pets, or schedule a reoccurring lunch with coworkers—the limit is endless here. All that is required is that we spend time with others who fill us with positive energy.

4. A Good Cry—this one is certainly frowned upon in society and certainly in the professional world. No one wants to see their attorney “complete the stress cycle” by crying in court, of course. But when the emotion and stress build up, and we are in a safe and private space, crying is an evolutionary trigger that releases some of the weight on our shoulders. The inherent moral judgment that is attached to crying (demonstrated by the well-known catchphrases “big girls don’t cry” or “there’s no crying in baseball”) has not served society well. In the developmental psychology space, the ability to cry is seen as essential to effectively process loss and move through grief. So, shut the door. Have a moment. And then shake it off.

5. Creative Expression—many of us haven’t made creative expression a priority since entering the professional workforce. Law school is not the place to go for creative writing training, and we are trained to see the black, white, and grey of any situation. For those of us who struggle with perfectionist tendencies, we may have an aversion to being an amateur—it turns out that very few people are immediately an award-winning musician or artist. But creative expression—listening to live music, taking a pottery class, going to stand-up comedy, watching a play, or even listening to a podcast while walking at lunch or reading at a coffee shop—can help us move through the tunnel of emotion in places we’ve gotten stuck to complete a stress cycle. These experiences also help us connect to the world around us when we may otherwise be understandably trapped in our own worlds and work.

Takeaways

The reality of being human is that we navigate an infinite number of stressors—big or small—every day. When we learn to, and practice, completing the stress cycle and model a professional environment that values this work, we’re taking care of ourselves, our families, our colleagues, and our profession. No matter whether we are a male or female lawyer or a two-lawyer couple, burnout affects all in our relationships and addressing it improves the quality of our lives and those with whom we are in relationship.

The strategies above are backed by research to incorporate into our everyday lives to mitigate and process the stressors we experience every day. They are not, however, a rescue prescription and are no substitute for professional treatment in a mental health or substance use crisis.

The research confirms that lawyers experience mental health crises at much higher rates than other professions. These statistics are more than an abstract number on the page—if you don’t know someone who has personally been affected by a mental health crisis, chances are that you’re not asking the right questions.

What can employers do here? Foster a culture that encourages your employees to process their personal and professional stressors in healthy ways, support them in doing so, and try to resist the temptation to project the rose-colored vision of a historic culture where productivity came at the expense of well-being. Well-balanced professionals are productive professionals; burned out and struggling professionals are not. The future of a firm and the longevity of its members depend on a culture that recognizes burnout and how to address it.

The best thing we can do for ourselves, our families, and our colleagues is to normalize a culture of authentic wellbeing, and to normalize and encourage ourselves and those around us to seek professional treatment where appropriate. If the question is “when is it appropriate?” there is never a bad time to go to therapy, and most people who have spent time in therapy would tell you that everyone can benefit. We have lost too much, and too many of our friends, to the belief that we can (and must) carry it all. Let’s choose something different for our future and for our children, who are watching us as they learn the most appropriate ways to handle their own stressors.

Endnote:

1. https://abovethelaw.com/2022/06/ lawyers-mental-health-remainsin-crisis-but-awareness-isgrowing/#:~:text=Broadly%20 experienced%20negative%20mental%20 health%20impact&text=Thirty%2Dfive%20percent%20of%20 respondents,their%20mental%20 health%20over%20time. ■

Sources and Additional Resources

Arkansas Judges and Lawyers Assistance Program, www.arjlap.org.

Bessel van der Kolk, “The Body Keeps the Score: Brain, Mind, and Body in the Healing of Trauma.”

Brene Brown, “Unlocking Us: Burnout and How to Complete the Stress Cycle” feat. Emily and Amelia Nagoski, October 20, 2020, https:// brenebrown.com/podcast/brenewith-emily-and-amelia-nagoski-onburnout-and-how-to-complete-thestress-cycle/.

Emily Nagoski, PhD, and Amelia Nagoski, DMA, “Burnout: The Secret to Unlocking the Stress Cycle.”

Law Practice Today, “Intervening Upstream: Why Firms Must Lead in Preventing Burnout,” July 12, 2022, https://www.lawpracticetoday.org/ article/intervening-upstream-whyfirms-must-lead-in-preventingburnout/?utm_source=Jun22&utm_ medium=email&utm_ campaign=Jun22LPTemail.

John Wesley Hall, Jr., “Professional Burnout: An Occupational Hazard for Lawyers” in Professional Responsibility in Criminal Defense Practice (4th ed. 2023, Thomson Reuters) (written originally for the Third Edition in 2004 by Dr. Sherrie Bourg Carter Psy.D., and used with her permission; the updates since 2004 are the author’s).

Christina Maslach & Michael P. Leiter, “The Burnout Challenge: Managing People’s Relationships With Their Jobs” (Harvard University Press 2022).

Dr. Henry Cloud & Dr. John Townsend, “Boundaries: When to Say Yes, How to Say No to Take Control of Your Life” (Zondervan 1992).

Barry Dale Barber of Prescott died January 15, 2023, at the age of 71. He graduated from Osceola, Ark., High School in 1969 as valedictorian of his class. In 1973, he graduated Summa Cum Laude from the University of Arkansas, Fayetteville with a Bachelor of Arts degree in Political Science. In 1976, he graduated from the University of Arkansas Law School with high honors. Upon graduation, Barry joined what is now the McKenzie, Vasser, Barber Law Firm in Prescott. He spent his entire 46-year career with the firm.

George Frank Carder III of Searcy died on November 17, 2022. He earned his Bachelor of Arts in Economics and Business from Hendrix College in 1973, his Juris Doctorate from the University of Arkansas at Little Rock Bowen School of Law in 2004 and a Master of Business Administration from Harding University in 2006. In his professional career, he was a graduate of the Institute of Politics and Government and General Motors University – College of Dealership Management. In 2004, Mr. Carder opened Carder Law Firm where he proudly represented his clients or, in his words, "helped his friends" with his beloved boxer Juris Prudence by his side. He also served as a Little Rock Air Force Base Honorary Commander for the 19th Airlift Wing JAG.

Ed Daniel III of Little Rock died November 9, 2022, at the age of 80. Ed passed the Arkansas State Bar in 1966, was an active attorney ever since, and enjoyed a lifetime of success within his field.

Oscar Earl Davis, Jr., of Little Rock died January 27, 2023, at the age of 82. He was a graduate of Auburn University in 1962 and in 1967 graduated from the Ole Miss School of Law. In June of 1970, Oscar joined Friday, Eldredge and Clark Law Firm in Little Rock where he worked for more than 40 years.

Charles Alston Jennings, Jr., of Birmingham, Alabama, died on January 10, 2023, at the age of 75. With his father, he practiced law at Wright Lindsey Jennings in Little Rock until his retirement. Alston earned his undergraduate degree at Hendrix College and juris doctorate at Vanderbilt.

Judge Milam Michael "Mike" Kinard of Magnolia died November 19, 2022, at the age of 83. Judge Kinard received undergraduate and graduate degrees from Southern State College and the University of Arkansas before attending Little Rock Law School. After law school, he worked for the Arkansas Office of Legislative Services until he received an invitation from Joe Woodward to move to Magnolia and join the firm where he spent most of his legal career. Mike was elected to the Arkansas State Senate in 1987 and appointed as a special justice on the Arkansas Supreme Court. He was appointed twice to the Arkansas Court of Appeals.

Comrade Warrington "C.W." Knauts of Piggott died January 11, 2023, at the age of 87. C.W. began his law career in 1959. He owned a law office in Piggott serving the community as City Attorney, Deputy Prosecuting Attorney and various other roles.

Eugene J. "Gene"

Mazzanti of Little Rock died December 10, 2022, at the age of 90. Gene was a retired attorney and state administrative law judge. He earned his undergraduate degree from the University of Arkansas at Monticello and was president of the last graduating class of the Little Rock Law School. He was a veteran serving as an Army Sergeant during the Korean War.

James Marlon "Jim" Simpson, Jr., of Little Rock, died Jan. 19, 2023, at the age of 70. Jim was an accomplished trial lawyer and represented a number of highprofile clients during his 46 years at Friday Eldredge and Clark. He held leadership positions at the firm and for many years trained and mentored young trial lawyers there. Jim was a 1974 cum laude graduate of the University of Arkansas at Little Rock. He earned his juris doctorate from the University of Arkansas School of Law in 1977 where he served as associate editor of the Arkansas Law Review. Jim led the Arkansas Bar Association as President in 2013-2014. He served as chair of the Annual Meeting committee and as chair of the Unauthorized Practice of Law committee. He served on the Board of Governors for six years and was a tenured member of the House of Delegates after serving for 11 years. He is a Fellow of the Arkansas Bar Foundation and a Fellow of the American College of Trial Lawyers. He previously served as president of the Arkansas chapter of the American Board of Trial Advocates.

The information contained herein is provided from the members' obituaries.