The importance of attorney mental health
By Stuart Collis
The life of a sole practitioner and a small firm attorney is not easy. Resources are often scarce. The pressure is great. Clients are demanding. They want their problems solved on timelines that are often unreasonable, or have unrealistic expectations of what the law can do for them. Billing amplifies the problem because the more that an attorney bills, the more a client believes they should have access to the attorney’s time and availability.
As if that was not enough, there are the additional pressures of deadlines, potentially having to be in more than one court at the same time, and maintaining all of the business administration of the firm.
If the work is not done timely or correctly, the lawyer is faced with the specter of malpractice and/or grievances. There is little allowance for error, requiring attorneys to essentially be perfect all the time. Of course, perfection, while it is a worthy goal, is an unrealistic expectation.
The pressure does not end there. To grow their businesses, sole practitioners and small firm attorneys should be attending bar association and other networking events. To stay on top of our craft, we should take continuing education (which is mandatory in over 40 states). Beyond that, the ethical rules encourage attorneys to do pro bono work, which is required in at least 10 states.
Beyond the law, lawyers should have normal lives. Normal lives have the additional potential pressures of dating, spousal obligations, parental obligations, extracurricular activities, or other stressors. All the while, those work deadlines and work pressures often remain in the attorney’s mind. After all, if the sole or small practitioner is not working, then there is no money coming into the office.
Given these pressures, it is little wonder that 52 percent of attorneys have experienced burnout at some point in their career. Family law attorneys likely will not be surprised to know that 47 percent of attorneys have experienced burnout during the final quarter of the year and 46 percent of attorneys had their mental health worsen in that same quarter. Furthermore, according to an American Lawyer’s 2025 survey,
more than 68 percent of attorneys suffer from anxiety and 33 percent suffer from depression. More than 65 percent of these attorneys also stated that the billable hour pressures were negatively affecting their mental wellbeing. Worse, 8.5 percent of attorneys have contemplated suicide compared to 4.3 percent of American adults overall.
So, what can an attorney do to improve their mental health and wellbeing? First, an attorney can take a break. While this is easier said than done for many attorneys, my partners and staff have made taking a break a priority. They force me to take at least one of my vacation days each month. I am allowed to move the date, but cannot omit taking one business day off a month. Every month, it gives me something to look forward to and work towards. I also encourage my team to use their vacation time to recharge as well.
Second, exercise is important for maintaining mental health. During the summer, one of the things I enjoy most on these days off is golf. According to the American Psychological Association, a mere 75 minutes a week of physical activity will reduce a person’s depression risk by 18 percent. This percentage increases to 25 percent for 150 minutes a week of physical activity.
The third thing an attorney can do to assist their mental health is to get enough quality sleep. Lack of sleep increases the possibility of developing anxiety and/or depression, and creates greater risk of health problems such as high blood pressure, heart disease, diabetes, and obesity. While stress can negatively affect sleep, exercise can assist it.
Another way to improve mental health and wellbeing is to establish work-life boundaries. Technology has made this much more difficult. When I started practicing law in 1996, few attorneys had email, and some work was still completed on typewriters. Faxes were common. I had a pager and an answering service. Now, with the advent of e-filing, pleadings can be filed at any time. Clients, attorneys, and judges can contact you at any hour of the day or night by email. I have made the mistake of responding to emails on vacations from outside the country.
If you respond outside normal business hours, clients and attorneys think that you are always available. However, this constant contact, the sense of always being on, leads to more stress. At least one study has shown that reducing email reduces stress and increases concentration. It also may be better to schedule an email response part of the day, rather than feeling the need to instantly respond.
If these suggestions do not suffice, the State Bar has set up the Lawyers and Judges Assistance Program (LJAP). The program is protected by HIPAA and all services are confidential. The LJAP offers free consultations for attorneys and their families. It also offers clinical assessments, support groups, and referrals to providers to assist with lawyers’ mental health and well-being.
Legal professionals shouldn’t struggle alone. If you need support, reach out to a colleague or LJAP to get the assistance you need. If you remain silent, no one knows you are suffering. No one in your life wants you to become one of the sobering statistics listed above.
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This is article is reprinted from the Res Ipsa Loquitur newsletter with permission from the Washtenaw County Bar Association. Stuart Collis is an attorney licensed in Michigan, New York, and Illinois. He has more than two decades of experience in civil litigation, family law, and criminal law.
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