Current status of WI Task Force Recommendations



The National Task Force on Lawyer Well-Being: Creating a Movement to Improve Well-Being in the Legal ProfessionA Wisconsin, State Bar of Wisconsin and WisLAP Analysis –(Last updated March 3, 2020)Attorneys in the United States have significantly higher rates of problematic drinking and mental health problems than the general population. In 2014, according to the Substance Abuse and Mental Health Services Administration, 6.6% of adult Americans experienced a major depressive episode and 6.4% had an alcohol use disorder. In 2015, the American Bar Association and Hazelden Betty Ford collaborated on research that was published in the Journal of Addiction Medicine in 2016 as "The prevalence of substance use and other mental health concerns among American attorneys.” Among the findings:20.6% of respondents scored at a level consistent with problematic drinking using the Audit 10 assessment. Using the Audit 3 assessment, 36.4% of lawyers indicated problematic drinking. Problematic drinking reflects hazardous drinking and possible dependence. Using a smaller sample size, 24% reported drug use in the intermediate to severe range. 28% of respondents reported experiencing depression, 19% reported anxiety and 23% reported stress. 11.5% reported suicidal thoughts during their career. Respondents reported concerns about privacy and confidentiality which negatively affected help-seeking behaviors.Law School research seems to demonstrate similar themes with higher levels of distress symptoms than the general population and limited help seeking behaviors. The data indicates that lawyers and law students need support to improve their well-being and overall functioning. In 2017, as a response to the two studies, the National Task Force on Lawyer Well-Being released a report with detailed recommendations about improving lawyer well-being through a variety of strategies. The report endorses a systems approach to improving wellness across the profession, recognizing that the many stakeholder groups within the profession should collaborate on approaches to focus on prevention and early intervention of mental health and substance abuse problems. This is markedly different than an approach which relies primarily on lawyer assistance programs to serve those lawyers already struggling. There is a need to integrate strategies to address well-being for prevention and early intervention rather than reacting after attorneys, families, the judicial system, and the public are negatively affected by harm caused by an impaired attorney.Per the authors of the Task Force Report, without prioritizing lawyer wellness, “the current state of lawyers’ health cannot support a profession dedicated to client service and dependent on the public trust.”Other reasons to act now as expressed in the report:1)Lawyer well-being contributes to organizational success.2)Lawyer well-being influences ethics and professionalism.3)Promoting well-being is the right thing to do.This analysis is an initial attempt to account for the current state of lawyer wellness in Wisconsin, focusing primarily on WisLAP’s current areas of service delivery. WisLAP:Exists to help legal professionals and law students improve overall well-being and enhance their ability to practice;Supports stigma reduction initiatives through outreach, education, and advocacy;Provides educational programming and reliable and professional confidential support, utilizing peer assistance and WisLAP volunteers whenever possible;Endorses a focus on proactivity (healthy habits, self-care, accessing help in the early stages, and ongoing education about how to avoid impairment) rather than reactivity (accessing services once there are grievances, discipline, and unnecessary suffering by lawyers, their families, and their clients.) Part I - Recommendations for All StakeholdersAcknowledge the Problems and Take Responsibility.Use This Report as a Launch Pad for a Profession-Wide Action Plan.Leaders Should Demonstrate a Personal Commitment to Well-Being.4.Facilitate, Destigmatize, and Encourage Help-Seeking Behaviors.WisLAP includes stigma reduction in our mission/goals and communicates about this consistently during outreach and education activities.5.Build Relationships with Lawyer Well-Being Experts.Partner with Lawyer Assistance Programs.WisLAP maintains community partnerships with SBW members skilled in well-being issues, mental health professionals, regulatory agencies, law schools, volunteers, affinity bars, and other entities/stakeholders. WisLAP volunteers and SBW members benefit from continuing education on issues relating to lawyer wellness, addiction recovery, mental health treatment, and other issues affecting lawyer well-being. Consult Lawyer Well-Being Committees and Other Types of Well-Being Experts.Within the scope provided by the Board of Governors of the State Bar, the WisLAP Committee guides policy for the program and assists with its administration. WisLAP has consulted with specific SBW groups (Young Lawyers, Senior Lawyers, etc.) to focus on the well-being issues affecting their populations and is available to consult as needed.WisLAP actively participates in ABA Commission on Lawyer Assistance Programs committees, continuing education opportunities, and events.6.Foster Collegiality and Respectful Engagement throughout the Profession. An impaired lawyer’s relationships with coworkers and clients may be negatively affected by the lawyer’s behavior/demeanor. WisLAP provides education on assessing and responding to behaviors which may indicate impairment.WisLAP has assisted with interventions for attorneys with anger and other behavioral issues or who are impaired in their ability to practice.WisLAP has provided anger management and cultural competency training to referred individuals as part of a diversion agreement.6.1 Promote Diversity & Inclusivity.See SBW diversity and inclusion action plan.Create Meaningful Mentoring and Sponsorship Programs.See SBW Diversity and Inclusion and the SBW’s mentoring programs for information.7.Enhance Lawyers’ Sense of Control.This requires long-term intensive cultural change from within the profession. WisLAP and other SBW members provide training and education about:the benefits that accrue from an attorney’s sense of internal motivation; the potential negative consequences from over-functioning at work to the detriment of personal well-being;the benefits of lawyers developing resiliency, emotional regulation and emotional intelligence skills.8.Provide High-Quality Educational Programs about Lawyer Distress and Well-Being.Within the SBW both WisLAP and PINNACLE provide this type of CLE.9.Guide and Support the Transition of Older Lawyers.WisLAP collaborates with Ethics, Practice 411, and the Senior Lawyers Division on issues relating to supporting the concerns of senior lawyers.The Senior Lawyers Division and WisLAP provides ongoing training to volunteers on recognizing cognitive impairment in aging lawyers.The Senior Lawyers Division, the SBW, and the WisLAP Committee are responding to the growing demand for services and programming to support senior lawyers regarding such issues as transition from practice, succession planning, cognitive impairment, etc. Guide and Support The Transition of Older Lawyers Information about the SBW Senior Lawyer Division.10.De-emphasize Alcohol at Social Events. WisLAP and SBW contend with entrenched social and cultural norms around this issue in our state and within the profession.11.Use Monitoring to Support Recovery from Substance Use Disorders. WisLAP offers a professionals monitoring program for impaired attorneys, judges, law students, bar applicants, and suspended or disbarred attorneys. Participants are referred by regulatory agencies, law firms, and also may voluntarily seek services.12.Begin a Dialogue about Suicide Prevention.WisLAP staff and volunteers receive regular trainings on suicide prevention, most recently in 2019. The WisLAP 24 hour helpline is on the home page of the SBW website for easy accessibility in the event of a crisis. Suicide prevention is an important area for inclusion in well-being planning.13.Support a Lawyer Well-Being Index to Measure the Profession’s Progress.Part II – Specific Stakeholder RecommendationsRecommendations for JudgesJudges are positioned to serve as leaders in the lawyer well-being movement. They are often the first to see signs that a lawyer may be struggling. Judges also face challenges and stressors that are specific to their role and they are at risk of burnout and impairment without proper support. WisLAP maintains a Judicial Assistance Program and attends Judicial Education events. In the past, with the guidance of Hon. Richard Brown (Ret.), WisLAP has conducted wellness roundtables at the Judicial College and at other judicial meetings. municate that Well-Being Is a Priority.15.Develop Policies for Impaired Judges.16.Reduce Stigma of Mental Health and Substance Use Disorders.17.Conduct Judicial Well-Being Surveys.18.Provide Well-Being Programming for Judges and Staff.19.Monitor for Impaired Lawyers and Partner with Lawyer Assistance Programs.WisLAP receives referrals from judges with concerns about impaired lawyers but not all WI judges are aware of WisLAP.Recommendations for Regulators. WisLAP appreciates our collegial relationship with the WI Office of Lawyer Regulation and the WI Board of Bar Examiners. 20. Take Actions to Meaningfully Communicate That Lawyer Well-Being is a Priority.20.1Adopt Regulatory Objectives That Prioritize Lawyer Well-Being.20.2Modify the Rules of Professional Responsibility to Endorse Well-Being as Part of a Lawyer’s Duty of Competence.20.3Expand Continuing Education Requirements to Include Well-Being Topics.Accomplished as of July 1, 2017. See WI SCR 31.02 (3) and (4): 20.4Require Law Schools to Create Well-Being Education for Students as an Accreditation Requirement.21.Adjust the Admissions Process to Support Law Student Well-Being.21.1 Re-Evaluate Bar Application Inquiries about Mental Health History.See Report of the Board of Bar Examines Regarding Rule Petition 17-1021.2 Adopt Essential Eligibility Admission Requirements.21.3 Adopt a Rule for Conditional Admission to Practice Law with Specific Requirements and Conditions. See WI SCR 40.075 Conditional bar admission: 21.4Publish Data Reflecting Low Rate of Denied Admissions Due to Mental Health Disorders and Substance Use.22.Adjust Lawyer Regulations to Support Well-Being. 22.1 Implement Proactive Management-Based Programs (PMBP) That Include Lawyer Well-Being Components.22.2 Adopt a Centralized Grievance Intake System to Promptly Identify Well-Being Concerns.22.3 Modify Confidentiality Rules to Allow One-Way Sharing of Lawyer Well-Being Related Information from Regulators to Lawyer Assistance Programs.WisLAP receives these referrals from OLR. See WI SCR 21.03 (9). 22.4 Adopt Diversion Programs and Other Alternatives to Discipline That Are Proven Successful in Promoting Well-Being.WisLAP accepts diversion referrals from OLR. See WI SCR 21.03 (9)(a).Recommendations for Legal EmployersWisLAP can help firms incorporate lawyer well-being strategies to assist their employees. WisLAP is collaborating with the Wisconsin Association of Legal Administrators (WALA) to increase our support to law firm personnel. Additionally, WisLAP reached out to the WI law firms who signed the ABA Workplace Well-Being Pledge to offer our support with programming. See the ABA Workplace Well-Being Pledge additional information.24. Establish Organizational Infrastructure to Promote Well-Being.24.1 Form a Lawyer Well-Being Committee.24.2 Assess Lawyers’ Well-Being.25.Establish Policies and Practices to Support Lawyer Well-Being.25.1 Monitor for Signs of Work Addiction and Poor Self-Care.25.2 Actively Combat Social Isolation and Encourage Interconnectivity.26. Provide Training and Education on Well-Being, Including During New Lawyer Orientation.26.1 Emphasize a Service-Centered Mission.26.2 Create Standards, Align Incentives, and Give Feedback.Recommendations for Law SchoolsBoth Marquette University Law School and UW School of Law have committed significant resources to support their students’ well-being. WisLAP has positive relationships with both institutions and shares a commitment to improving the culture of legal education and educating students about the role of well-being as a part of professional responsibility.27. Create Best Practices for Detecting and Assisting Students Experiencing Psychological Distress.27.1Provide Training to Faculty Members Relating to Student Mental Health and Substance Use Disorders.27.2 Adopt a Uniform Attendance Policy to Detect Early Warning Signs of Students in Crisis.27.3 Provide Mental Health and Substance Use Disorder Resources.28.Assess Law School Practices and Offer Faculty Education on Promoting Well-Being in the Classroom.29.Empower Students to Help Fellow Students in Need.30. Include Well-Being Topics in Courses on Professional Responsibility.31. Commit Resources for Onsite Professional Counselors.32.Facilitate a Confidential Recovery Network.33. Provide Education Opportunities on Well-Being Related Topics.33.1Provide Well-Being Programming During the 1L Year.Both WI law schools provide programming of this nature.33.2Create a Well-Being Course and Lecture Series for Students.34. Discourage Alcohol-Centered Social Events.The Law Student Wellness Coalition at UW and the Marquette Law School Organization for Student Well-being are active in developing and promoting alcohol-free events for students and their families. Leadership at both UW Law and Marquette Law have expressed support for alternative programming.35.Conduct Anonymous Surveys Relating to Student Well-Being.Recommendations for Bar AssociationsThe leadership of the State Bar of Wisconsin has demonstrated a commitment to improving lawyer well-being. 36. Encourage Education on Well-Being Topics in Association with Lawyer Assistance Programs.36.1Sponsor High-Quality CLE Programming on Well-Being-Related Topics.SBW sponsors this programming via PINNACLE, WisLAP, and Member Services.36.2Create Educational Materials to Support Individual Well-Being and “Best Practices” for Legal Organizations.36.3Train Staff to Be Aware of Lawyer Assistance Program Resources and Refer Members.WisLAP receives appropriate referrals from SBW staff.37. Sponsor Empirical Research on Lawyer Well-Being as Part of Annual Member Surveys.38. Launch a Lawyer Well-Being Committee. The WisLAP Committee potentially serves this purpose.39. Serve as an Example of Best Practices Relating to Lawyer Well-Being at Bar Association Events.Yoga, runs, walks, healthy food, non-alcoholic beverage choices, meditation/mindfulness classes have been offered at the SBW Annual Meeting and Conference. Programming regularly includes lawyer well-being topicsRecommendations for Lawyers Professional Liability Carriers40. Actively Support Lawyer Assistance Programs.41. Emphasize Well-Being in Loss Prevention Programs.42. Incentivize Desired Behavior in Underwriting Law Firm Risk.43. Collect Data When Lawyer Impairment is a Contributing Factor to Claims Activity. Recommendations for Lawyers Assistance Programs44.Lawyers Assistance Programs Should Be Appropriately Organized and Funded.As of November 30, 2018 WisLAP has two full-time clinicians on staff. WisLAP utilizes our volunteers as appropriate and requested. WisLAP is premised on the idea of lawyers helping lawyers and judges helping judges. Professional staff serve certain organizational, clinical, and administrative functions.44.1Pursue Stable, Adequate Funding.WisLAP is funded as a member service of the SBW.44.2Emphasize Confidentiality.WisLAP is confidential by WI SCR 10:10.05(4)(m)(3).44.3Develop High-Quality Well-Being Programming.This occurs on an ongoing basis. Lawyer Assistance Programs’ Foundational Elements.WisLAP contains each of the listed foundational elements. ................
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