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Stress makes you stupid.
I know many attorneys who don't believe that. They think that when they are angry, upset, or under stress, their minds are sharper and more focused.
They are wrong.
When I went to graduate school, we knew the names of all the parts of the brain, but we knew relatively little about what they did. Today we know far more, and
one thing we know is that when your brain is on stress, the higher centers of the brain - the prefrontal lobes of the cerebral cortex - begin to shut down, and the unreasoning, emotional
parts of your brain ramp up. There are three modes of stress response, fight, flight, and freeze. None of them help make you smarter.
When Rich Uday asked me to help with his
Lawyers Helping Lawyers program, I admired his taste in consultants. Who better? Then humility intruded. I am not a lawyer, I am a psychologist, and I need to have some background. I
started researching the role of stress in the lives of attorneys, and found some sobering facts:
Lawyers have a high rate of drinking and drug problems; 1 1/2 times the national baseline. 8-10% of general population has a substance abuse problem vs. 15-18% of attorneys.
In another study, 13% of male and 20% of female attorneys reported downing six drinks or more per day. If you don't think six drinks a day is a problem, we need to talk!
A study at Johns Hopkins University found that attorneys are 3.6 times more likely to suffer from depression than other professions. Depression is a very serious illness, with a high
mortality rate.
Male attorneys are twice as likely as the general population to take their own life, according to a 1992 study by the National Institute of Occupational Safety and Health. Depression
and substance abuse are both substantial risk factors for suicide. Research conducted at Campbell University in North Carolina indicated that 11 percent of the lawyers in that state
thought of taking their own life at least once a month.
In surveys of state Bar Associations, 60% of ethical violations involved substance abuse.
What's Behind the Stress?
Two major factors (and a host of minor ones) contribute to the high stress in the law profession. First, the stakes are high and the consequences of
error are large. This promotes an attitude of perfectionism, a chronic feeling that nothing is good enough. Perfectionism raises cortisol levels in the body, the stress hormone that is
helpful in the short run and very damaging in the long run. High cortisol levels lead to burnout, vulnerability to infections, increased healing time, and mental and emotional depression.
Perfectionists are more vulnerable to depression and anxiety, harder to treat with either therapy or drugs, and much more likely to commit suicide when things go very wrong.
Second, law may attract pessimistic personalities. One study found that in every graduate program, optimistics outperform pessimists, except in law. There, the pessimists are ascendant.
But pessimism is another risk factor for high stress and chronic depression. Pessimists expect bad things to last a long time, to affect every part of their lives, and the see themselves
as the cause of bad things happening. Pessimistic lawyers are doubly at risk, since they are likely to see bad things happen, and they are less able to cope when they do.
As a result of the professional push toward perfectionism and the pessimism, many attorneys are not enjoying their careers, feeling disillusioned and unhappy. They are at risk for
underperformance, increasing stress, which increases under-performing. This vicious cycle can then turn to acting out in dangerous activities - affairs, drug or alcohol abuse, and ethical
problems.
Ethics and Stress
Chronic high stress is a prime cause of ethical violations. When one feels out of control, unable to cope, and when one turns to substances - drugs and alcohol
- to reduce the feeling of vulnerability, bad judgment follows. The Oregon Bar found that by energetically identifying and helping lawyers with drinking and drug problems, they were able
to substantially reduce malpractice awards. It is clearly smart to take a proactive approach to reducing stress, to helping those who are depressed or who are relying on substances to
cope.
Too often we shy away from talking directly to people who seem to be having problems. That is entirely understandable. Yet when we consider the higher levels of stress in the legal
profession, we can see the necessity of reaching out.
As an analogy, consider the changes in cockpit management in aviation. Years ago, the person sitting in the left seat was the Pilot in Command, and his word was law. Copilots and engineers
did not interfere. But in accident investigations it was learned that in case after case, the crew didn't like the way the flight was proceeding but they didn't speak up. Today, cockpit
resource management rules encourage, even require that crew members assert their own opinions. Safe flight is everyone's responsibility, not just the pilot in command.
So it is with the law profession. Since the stakes are high and the stress ubiquitous, a higher level of concern and caring for colleagues is necessary.
Recognizing those who need help
In my own review of all the Lawyers Helping Lawyers programs across the country, most of the emphasis was on identifying and addressing substance abuse.
I only found a few that spoke of depression. This is a mistake. Anxiety and depression are serious problems in their own right, as well as being co-morbidity factors for alcohol and drug
abuse. About one-third of patients diagnosed with alcohol abuse actually had a pre-existing anxiety condition that was a causal factor in the substance abuse. Here are some checklists to
help you diagnose problems.
Signs of a Troubled Colleague
- Attendance: arriving late, leaving early
- Late returning or fails to return from lunch
- Unexplained days off
- Frequent injuries
- Misses deadlines, court appearances
- Productivity and quality of work declining
- Blames others, defensive when questioned
- Marital infidelity, affairs, sexual harassment of coworkers
- Financial irregularities (co-mingling funds, borrows money from clients)
- Client complaints - performance, attendance, attention, quality
- Mood swings, erratic behavior, strong emotional reactions
Self Assessment
Ironically, it is to your advantage to become less tolerant of stress, not more. What I mean is that you ought to recognize danger signs and respond
energetically to them, not tolerate them. In our next article, I will cover some positive coping strategies.
Rate yourself on the following items. Use this method of rating yourself: In the last seven days, did you experience this item?
0 Rarely or none of the time (less than 1 day).
1 Some or a little of the time (1 - 2 days).
2 Occasionally or a moderate amount of the time (3 - 4 days).
3 Most of the time (5 - 7 days).
Any 2 or 3 rating is cause for concern; if you have several of them (or, a score of 15 or more), you should get a good evaluation immediately.
___I felt sad.
___I felt fearful.
___My sleep was disturbed.
___My appetite was poor; I didn't feel like eating.
___Things that used to please me felt flat or uninteresting.
___There was a lump in my throat or knots in my stomach.
___I feared I would lose control.
___I felt like yelling or hurting others
___I had thoughts of harming others.
___I felt a sense of doom or dread.
___I felt others didn't like me.
___I couldn't stop thinking about something upsetting.
___I felt hopeless about the future.
___I couldn't get going on activities that were important.
___I thought I would be better off dead.
Substance Abuse Warning Signs
These are yes or no items. Rather than rating them 0 -3, simply reflect on whether they are present at all. If you have any of the following, you
clearly should have an evaluation of your drinking or drug use:
___Are you able to drink more without feeling the effects?
___Have you ever had ÒblackoutsÓ i.e., when there are hours or days you cannot remember?
___Do you desire to continue use when others stop?
___Are you uncomfortable in situations where the substance is not present?
___Are you preoccupied with use of alcohol or a drug?
___Is there an urgency to use after a period without?
___Do you have feelings of guilt about use/morning after regrets?
___Do others express concern about your use of any substance (i.e., drugs or alcohol)?
Prevention: Leadership issues
I was asked recently to coach a poor-performing leader. ÔMel' had alienated his team and his co-workers and his job was on the line. He was seen as
having personality defects that were probably impossible to fix, but as a last resort they called in the executive coach - me. I suppose the script was I would find him too difficult and
then they could fire him with a clear conscience.
What I found instead was that Mel was not a difficult person. Instead, the design of his job and the leadership above him had combined to make his position an impossible one. Publically,
Mel's boss had given him one assignment; privately he had given him another. As Mel tried to comply with both assignments, he ran into conflict with coworkers and employees.
In organizational psychology we have a saying, ÒIt is not the person, it is the system.Ó I met with Mel's supervisor and coached him toward better leadership; we re-designed Mel's job and
gave him clear and consistent assignments, and I met with Mel's peers and explained the changes in his job. Within a month, his peers and his direct reports were very pleased with Mel's
work, his job was safe, and he was much happier.
How is the stress level in your practice? Much stress at work is caused by ineffective leadership. Indeed, in surveys of workplace stress, leadership is the number one cause. Danger signs
here include:
- Leaders who rely on criticism to motivate.
- Supervision focus is on correcting errors.
- Absent or passive managers and directors.
- Being given contradictory assignments.
- Assignments that have responsibilities but no authority.
- Frequent changes in tasks and assignments.
- Encouragement to cut corners or engage in unethical behaviors.
- Leaders who show negative emotions, such as anger or contempt.
In this article we have reviewed danger signs. In an upcoming issue, I will share new developments in stress management, some simple and very effective ways that focus on positive living
strategies. The opposite of stress is happiness and satisfaction, feeling of fulfillment and recognition of the value you bring to your clients. In the past few years, psychologists have
developed positive and practical ways of increasing happiness in professional and personal lives, and we will cover those next time.
Do not tolerate high levels of stress in your life. If you are experiencing emotional symptoms or if you are using alcohol or drugs to cope with stress, Rich Uday who directs the Lawyers
Helping Lawyers program can be of great service to you. It really is quite feasible to live a happier, more productive and more fulfilling life. Go for it, you deserve it!
Contact Lawyers Helping Lawyers: Rich Uday, (801) 579-0404 or 800-530-3743 (in state calls only).
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