Page 18 - Phoenix Vol 11 No 5
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Daniel W. Hager | Insurance
Recognizing and Avoiding Lawyer Burnout
Gayle has been a business litiga- tor for decades. She recognizes litigation was not the best  t for
her personality, but she did it well and was a  ne lawyer. It provided a solid income for her family, which she had cherished – even though her work pulled her away and played a role in her divorce.
 e con icting demands of trying to be the best mother and the best liti- gator took its toll on Gayle. Recently, whenever the phone rang, or an email or text arrived, she started feeling dread: more work to be done or may- be a criticism of her work. She felt less able to keep up, more ine ective, and less productive. She felt more cyni- cal, isolated, forgetful, and less able to concentrate. Every problem – at work or home – felt serious, even if it was not. She felt exhausted constantly and had trouble sleeping. She dreaded go- ing to work, and never felt recovered a er a weekend or a rare vacation. While she had always felt like a suc- cessful, accomplished person, she had begun to feel she was failing, profes- sionally and personally.
Most frighteningly for her, the anxiety attacks she  rst experienced in law school had returned with in- creasing frequency and severity – so terrifying that thoughts of suicide had even crossed her mind.
In addition to Gayle’s symptoms of burnout, other symptoms include: ongoing stress and crises; feelings of isolation and helplessness; irritability; excessive feelings of responsibility, in- adequacy, and self-doubt; obsessive thoughts; guilt about missed personal activities; inability to balance heavy work and family responsibilities; re-
luctance to say no; sweating, heart pal- pitations, and feel- ings of panic; and self-medicating with alcohol and other substances.
THE COST
While Gayle felt alone in her de- spair, she was not. As in other high stress  elds, burnout is a serious prob- lem in the legal profession, not only in terms of individual lawyers’ mis- ery, but in the resulting harm to their  rms and, sometimes, clients.
For lawyers, untreated burnout can lead to – or go hand in hand with – physical and emotional problems like depression, anxiety disorders, and substance abuse. Compared to other professions, lawyers su er very high rates of depression, substance abuse, and suicide.
Burnout also creates real prob- lems for law  rms. Lawyers su ering burnout are unhappy, less engaged, less productive, and at greater risk for making errors that could result in malpractice claims or Bar complaints. Firms also risk losing good lawyers too soon, costing substantial amounts to hire, train, and make new lawyers part of the team.
THE CAUSES
Lawyers’ inherent personality traits, along with the adversarial, high pressure nature of the work, create a perfect incubator for burnout. Law- yers tend to be perfectionists, set- ting impossible to meet standards for themselves and the sense that nothing is ever good enough. Lawyers are also trained to be on the constant lookout for problems and to be responsible for taking care of clients.  is inherent pessimism over what might go wrong creates a sense that problems are ev- erywhere, the true urgency of which becomes exaggerated. Lawyers also o en fail to seek out help when need- ed, not wanting to appear weak.  ey also face constant deadlines set by the courts, other parties, and clients, over which they have very little control.
Law  rms, in turn, rarely foster an atmosphere where a lawyer experi- encing burnout would feel comfort-
able exposing – and getting help for – what could be perceived as weakness. Law  rms are competitive places, with increasing demands for greater pro- ductivity at lower cost, and with lim- ited, highly competitive opportunities for advancement. New technologies also add pressure on lawyers, who feel constantly tethered to their work and client demands.
PREVENTION AND TREATMENT
Lawyers and their  rms can work together to promote a healthier ap- proach for lawyers and, in turn, greater success for  rms. Individual lawyers (and  rms, through well- ness programs and thoughtful in- stitutional changes to discourage a workaholic culture) should strive for: healthy diet; su cient sleep; medita- tion; regular exercise, including yoga and walking; learning to say no, to set realistic work boundaries, and to protect time fully away from the demands of work, including regular vacations; dropping di cult clients; learning to express one’s feelings and concerns to someone who listens and cares; pursuing personal interests that bring satisfaction; and better protect- ing a healthy work/life balance gener- ally. In serious cases, lawyers can ask to take a leave of absence, change jobs, or even change careers.
Arizona lawyers have very helpful resources available through the State Bar’s Member Assistance Program, including its Peer Support Network, Support Groups, and Crisis Hotline.
Burnout is a serious occupational hazard for lawyers. But, with the help of their  rms, lawyers can strive to avoid feeling trapped and hopeless by taking the right steps to regain a healthy, balanced life.
*No portion of this article is in- tended to constitute legal advice. Be sure to perform independent research andanalysis.Anyviewsexpressedare those of the author only.
Daniel is Corporate Counsel to Ahern Insurance Brokerage (AHERN) and provides AHERN’s clients with risk man- agement consulting and insurance coverage counsel, in order to minimize loss and maximize claim recoveries. A recognized expert in lawyers’ malpractice prevention and legal ethics, Daniel has provided consultations and risk management services to law  rms for more than 20 years. Before joining AHERN, Dan was a partner at AV rated Roeca Haas Hager LLP, where he defended lawyers against malpractice and other claims for more than 25 years.
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