by Amy E . Davis , Esq .
The ( Drunk ) Elephant in the Room
In a recent episode of “ How to Get Away with Murder ,” hot-shot defense attorney Annalise Keating has her law license temporarily suspended following an incident where she slapped a client across the face in the District Attorney ’ s office . Attorney Keating agrees to enter an approved alcohol treatment program for the reinstatement of her law license , citing her battles with alcohol as the reason for her behavior . Unfortunately , this is not just a made-for-TV scenario . Many members of the legal profession struggle with drug , alcohol , and mental health problems . The Vermont bar is no exception .
During my third year of law school , Vermont Law School lost four people to mental health-related issues : Cheryl Hanna , John Trombly , John ’ s mother Elizabeth , and Erika Lewis . Not only did news of each death rock our community , but it was an eye-opener for those of us preparing to graduate , take the bar exam , and head out into the legal community . Cheryl ’ s death was most surprising . An established professor and a well-respected legal commentator with a loving family , Cheryl had everything we would strive for in a legal career . Yet there was no indication to the public that she struggled with her success . Shortly after her death , her husband , Paul Henninge reported to Seven Days Magazine : “ I think if there ’ s any lesson that needs to be considered it ’ s that the subject of depression needs to be kind of put more out in the light of day .”
The Hazelden Betty Ford Foundation Study
In January 2016 , the American Society of Addiction Medicine published a study 1 entitled The Prevalence of Substance Use and Other Mental Health Concerns Among American Attorneys . The study , funded by the Hazelden Betty Ford Foundation and the ABA Commission on Lawyers Assistance Programs , looked at alcohol use , drug use , mental health , treatment utilization , and barriers to treatment . The study surveyed 12,825 licensed and employed attorneys across the United States .
Of those that participated in the study , men , younger attorneys , and newly-employed attorneys had higher problematic usage than their counterparts . These participants scored at levels consistent with problematic drinking . Previous studies had shown an increased prevalence of problematic drinking to correlate with an increased number of years in practice , whereas this study showed the opposite . A larger number of those citing a drinking problem stated that it began within the first 15 years of practice .
When it came to hazardous drinking or possible alcohol abuse or dependence , women were more affected than men . Twenty-seven percent of the participants reported problematic use before law school , 14 % during law school , 43 % within 15 years of completing law school , and 14 % more than 15 years after completing law school . In regards to drug use , the study showed that stimulants had the highest rate of weekly usage ( 74 %), followed by sedatives ( 51 %), tobacco ( 46 %), marijuana ( 31 %), and opioids ( 21 %).
On issues of mental health , the study found that men had higher rates of depression , and women had higher rates of anxiety and stress . The most common conditions reported were anxiety ( 61 %), depression ( 45 %), social anxiety ( 16 %), ADHD ( 12 %), panic disorder ( 8 %), and bipolar disorder ( 2 %). A little over 11 % of the participants reported suicidal thoughts at some point in their career . Just under 3 % reported selfharming behaviors , and less than one percent reported at least one prior suicide attempt .
When it came to treatment , of the participants who reported past treatment for drug or alcohol use , only 20 % of them used a treatment program tailored to legal professionals . Participants who both had and had not sought treatment reported that the biggest barriers were not wanting others to find out , and concerns about privacy or confidentiality . The study provided the following conclusion : there is a greater need for lawyer assistance programs , as well as publicity surrounding the confidential nature of those programs , and the expansion of attorney-specific prevention and treatment interventions .
Vermont Stories
When it comes to issues surrounding mental health and substance abuse , it ’ s a chicken-and-egg scenario . Does the drinking start off as innocent fun then lead to the depression ? Or , is there an undiagnosed issue there that we try to self-medicate with alcohol ? Rather than speculate about these statistics , I spoke with several colleagues either currently enrolled in law school or recently admitted to practice to get their take on the subject . Many have struggled with alcohol or illegal drug use , and some had diagnosed mental health conditions such an anxiety , depression , and bi-polar disorder .
I am not surprised that so many in the legal profession struggle with issues of anxiety . My colleagues all shared the same theme as to what contributes to the anxiety : pressure .
Nathan
Nathan 2 is a recent graduate of Vermont Law School . He and his wife , Carolyn , now live out of state . They have one child and are expecting a second in the coming months . He believes that the stresses he faced while in law school are ones that many men his age tend to face early in their career : getting married , starting a family , and wanting to provide for that family . For Nathan , these stressors all occurred while he was in law school .
Carolyn ’ s pregnancy with his first child during his 1L year sparked a lot of anxiety that he did not know how to deal with . Nathan thought about how he was about to be a dad while still having to deal with the pressures from law school . He would seek socialization by going out and drinking with his colleagues during his first year of law school , and eventually drinking became less of a social function and more of a way of coping with that pressure . Once he realized the drinking had become an issue , he says he sort of “ willed ” himself out of drinking . “ I have to be a strong person for my family and my child ,” he says .
But as Nathan starts his legal career , he feels pressure that goes along with the “ traditional male roles ” of the husband being the provider for the family . Money and status play a large role in the pressure he feels to be successful . “ Coming out of law school , you ’ ve accomplished a lot , but you ’ re back at the bottom again .” He acknowledges it is a stereotype – when the woman becomes pregnant , the man feels he needs to provide – but it is his reality . He and his wife have decided that once the new baby comes , his wife will leave her job and stay home with the two little ones . “ If I hadn ’ t passed the bar exam , she would still have to work ,” Nathan says . Now , he will be the sole earner and he has to earn enough so his wife can stay home with their children .
Alyssa A current law student , Alyssa describes her struggles with alcohol as starting nearly a decade ago . She had her first child when she was young , was married briefly , and then divorced . She felt as though she missed out on “ having fun while you ’ re young .” She went back to school , but found that she was older than her classmates . Over the next four to five years , she tried to juggle going to school full time , working full time , and being a single parent . She man-
22 THE VERMONT BAR JOURNAL • WINTER 2016-17 www . vtbar . org