Is there a light at the end of the tunnel, the very long and dark tunnel in which we’ve been? I guess to answer that question you’d need a crystal ball. Certainly, for everyone, things seem more “normal.” But, it also seems that our definition of “normal” has changed, particularly in the legal profession. It used to be “normal” to go to the Oakland County Courthouse on any given day of the week and stand, in person, before a judge. It used to be “normal” to walk into the Oakland County Courthouse on a Wednesday morning and wait in line at security. Once you made it past security, it was “normal” to walk down the hall and see at least half a dozen people you knew and dozens more who looked familiar. It used to be “normal” to sit in a packed courtroom on those Wednesday mornings, sometimes for hours, and observe interesting (or not so interesting) hearings, the style of the lawyers handling the hearings, and the demeanor of the judge.
What is now “normal” often includes working from home or sitting in your office, alone, and participating in court proceedings, depositions, meetings, and even mediations virtually. Certainly, there are a number of very positive aspects of our new “normal.” Our new “normal” is convenient. Our new “normal” allows you to wear sweatpants and slippers to a hearing, deposition, and client or office meetings. Our new “normal” allows you to change loads of laundry between hearings or meetings. Our new “normal” allows you to take a business call sitting on your patio, porch, lawn, or driveway in the sun. Our new “normal” allows for the efficient use of attorney time, which directly impacts our clients’ bottom lines in a positive way. But, is our new “normal” good for our profession or, more importantly, for us as individuals?
Even prior to March 2020, before we entered that very long, dark tunnel, the percentage of lawyers experiencing mental health issues was significant. A February 2020 survey of nearly 4,000 lawyers conducted by The American Lawyer (published by ALM Media) revealed that 31 percent of its participants reported feelings of depression, 64 percent reported symptoms of anxiety, and 10 percent felt that they had an alcohol problem.[1] Unfortunately, since we entered that tunnel, mental health issues in the legal profession have increased significantly.
ALM conducted a follow-up survey in 2021, and the same respondents from the 2020 survey reported significant increases in depression, anxiety, alcohol abuse, and other mental illness. Notably, isolation was the single greatest influence on mental health. Over 50 percent of those who participated in the survey stated that they felt isolated and that the lockdown, remote work, and disruption of routine caused their mental health to suffer.[2]
So, the question is, How do we, as an organization, fulfill our mission to serve the professional needs of our members in our new “normal?” We focus on wellness and inclusion. Unless our members are well, as individuals, they can’t be their best professional selves. Likewise, unless our members feel included, they can’t be their best professional selves.
As our immediate past president, Kaveh Kashef, previously shared, the OCBA board engaged in a focused strategic planning effort during the 2021-22 bar year and, as a result, launched the Lawyer Well-Being Committee. We are tremendously grateful that board member and current Treasurer Sarah Kuchon is leading the efforts of that committee to address the “wellness” component of fulfilling our mission to serve the professional needs of our members in the new “normal.”
However, another goal identified through the board’s strategic planning efforts was the need to focus on inclusion, which I believe is critical to wellness. These two concepts, wellness and inclusion, are intertwined.
Inclusion is a part of wellness. Therefore, we, as an organization, need to adapt to our new “normal” in a way that emphasizes inclusion. In our prior “normal,” inclusion came with in-person everything. In our new “normal,” that might not always be an option given that not everything we do is in person. Courtrooms and office hallways are still largely empty, and people often opt for virtual participation in depositions, mediations, and Åmeetings. The sense of community that the OCBA offers to its members stems from the opportunities it creates to feel included. We just need to figure out how to maintain that sense of community in our new “normal.” So, as the organization’s 90th president, I will focus on inclusion as a necessary component of wellness as we navigate our new “normal.”
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[1] law.com/2020/02/19/lawyers-reveal-true-depth-of-the-mental-health-struggles.
[2] law.com/americanlawyer/2021/05/03/lawyers-were-already-struggling-with-stress-and-isolation-and-the-pandemic-has-made-things-much-worse/?slreturn=20220431181058.
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Elizabeth L. Luckenbach is the 90th president of the Oakland County Bar Association. Luckenbach is a member in Dickinson Wright LLP’s Troy office.
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