Service And Solidarity: Strengthening Professional Ties in the Legal Field

By Rebecca Howlett and Cynthia Sharp

“A rising tide lifts all boats.” — John F. Kennedy

The day-to-day practice of law can be pressure-filled and extremely stressful, which explains why members of our profession are at higher risk than the general population to suffer from mental health concerns. Indeed, studies consistently show higher rates of anxiety, secondary trauma, substance use disorders and even suicide among lawyers. While it may not be possible to entirely eliminate these difficulties, we can help reduce them by fostering positive connections and collegiality in our profession.

The co-authors of this chapter believe that we have intrinsic obligations toward one another and to the profession that can be fulfilled, in part, by consciously establishing supportive interactions and relationships with our fellow lawyers. While law firms and other legal entities have the duty to create healthy work environments, our focus here is primarily on actions that individuals can take to build a healthier work culture now and for future generations to come.

Cultivating Supportive Legal Environments

Reframing how we orient ourselves to colleagues (and even our adversaries) is a foundational step to implementing sustainable, positive change that promotes healthy professional relationships and legal work environments. Instead of strictly paying attention to our own agendas (our default), lawyers can choose to take active steps to build collegial, supportive communities that uplift us all.

Indeed, fostering supportive legal environments and institutions can help keep attorneys in compliance with our professional ethics obligations, like duty of competence, by insulating us from the ill effects of toxic stress and vicarious trauma. According to leading trauma expert, Dr. Bessel Van Der Kolk, “Study after study shows that having a good support network constitutes the single most powerful protection against becoming traumatized.”

Ultimately, fostering a legal culture that prioritizes holistic well-being and inclusion, will lead to a happier, healthier, and more effective legal profession for all involved. Despite the rise of incivility and lack of empathy, attorneys want to be better and do better. According to 2024 survey data, prioritizing mental health support and healthy work-life integration are among lawyers’ top priorities.

Significantly, well-being has emerged as a leading consideration for legal professionals when considering employment. According to the 2023 Law Firm Culture Survey, 85 percent of Gen Z/Millennial attorneys cite well-being and work-life balance as their top priority. Notably, younger generations also heavily prioritize diversity and inclusion, with 70 percent seeking work environments that actively cultivate equity and inclusion.

Senior attorneys and decision makers will be key driving forces to actively retool our legal institutions and processes to ensure they are meeting (and exceeding) lawyers’ evolving priorities around what support they need to thrive as legal advocates and human beings. For example, legal decision makers are encouraged to prioritize implicit or unconscious bias trainings, which can empower us with the requisite awareness and targeted tools to facilitate positive, healthy (and ethical!) interactions with each other and ourselves.

Ethical Obligations to Each Other and the Profession

Notably, an attorney’s duty to uphold ethical standards potentially includes an obligation to address and support our colleagues who may be impaired by mental health challenges, substance use disorder, or age-related issues. In the ideal world, we could identify and offer assistance to another before ethical infractions are committed. Unfortunately, this is not always possible because their colleague may be effective in concealing issues or may even refuse our help.

Many are unaware that Model Rule of Professional Conduct 1.16(a)(2) requires an attorney to withdraw from representation if “the lawyer’s physical or mental condition materially impairs the lawyer’s ability to represent the client.” However, lawyers suffering from depression, anxiety, severe stress or other mental impairments may not be in a position to identify their own declining mental health.

In such a circumstance, that attorney’s colleagues may be responsible for taking action since MRPC 8.3 (a) mandates that “A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority.”

This duty is elaborated upon in  ABA Formal Opinion 03-431 (2003) that requires “a lawyer who believes that another lawyer’s mental condition materially impairs her ability to represent clients, and who knows that that lawyer continues to do so” to report that lawyer’s violation of MRPC 1.16(a)(2). Furthermore, ABA Formal Opinion 03-429 (2003) discusses reporting requirements with respect to a lawyer with an impairment within your own firm.  NCState Bar 2013 Formal Ethics Opinion 8  examines the obligations of supervising attorneys and colleagues in the event that another firm lawyer may be impaired, laying out 10 different scenarios that could occur in the legal setting and recommends the appropriate course of action. We suggest that readers review each of these opinions for a deeper understanding.

In short, firm partners and supervising lawyers must ensure compliance with professional conduct rules, report serious violations, and protect clients. Associates are required to report concerns to senior lawyers within the firm and seek guidance if ignored. The opinion emphasizes that impairment due to substance abuse or mental illness triggers the same obligations. Additionally, informing clients and involving the Lawyer Assistance Program are crucial steps in managing impairment.

Empathy (or Lack Thereof) and Lawyer Well-Being

As a profession, we must ensure we are not unduly sowing the seeds of our own destruction, including preserving a state of play that we know is harmful to our health. Like a perfect storm, the inherently adversarial nature of our profession, outmoded ideas of effective advocacy, and common personality traits, leave lawyers particularly prone to perpetuating a professional culture that contributes to burnout, mental health concerns, and lack of empathy for others and ourselves.

How we treat each other has profound effects on individual well-being, as well as the health of the legal community as a whole. According to Vermont Bar Counsel Michael Kennedy, “A lack of civility is contributing to an increase in the stress and burnout that impacts lawyers’ well-being and wellness. We need to be better.” Indeed, one in four female attorneys and one in five attorneys under 40 are considering leaving the profession entirely because of the strain on their mental health and well-being.

Many lawyers seem to have forgotten (or apparently never learned!) the “Golden Rule” to treat others the way we want to be treated. Incivility in the profession manifests as an inherent lack of respect for others, which can be overt or subtle and even take on the dynamic of a bullying or abusive relationship. Notably, incivility is not limited to interactions with opposing counsel but is far-reaching and extends to dealings with judges and even our own colleagues and staff.

One story of “strategic incivility” that particularly shocked us, involved an attorney recovering from the birth of their son born four weeks prematurely. While still recovering in the hospital, Miranda H. received word that opposing counsel was threatening to subpoena them to a deposition. The reason? The requested leave of absence they had filed with the court did not technically start for two more weeks.

By way of reminder, our duty of zealous advocacy under the professional rules of ethics, does not support the misguided sentiment that a “good” attorney is ruthless and wholly without compassion. Indeed, Comment 1 of MRPC 1.3 specifically states, “The lawyer's duty to act with reasonable diligence does not require the use of offensive tactics or preclude the treating of all persons involved in the legal process with courtesy and respect.” As the saying goes, you catch a lot more flies with honey than vinegar.

So why is this happening? Is the competitive, adversarial nature of our profession driving this trend, or are lawyers simply wired this way? Unlike any other profession, the majority of lawyers possess several unique personality trait outliers, including low levels of sociability or emotional vulnerability, empathy, and resilience. Conversely, attorneys tend to score high on skepticism, urgency, abstract thinking, and autonomy—aka don’t tell us what to do.

By our nature, lawyers may have to consciously work harder than the general population to flex our empathy skills. According to data on lawyer psychology, attorneys typically demonstrate low cognitive empathy (41 percent), meaning they have a natural inclination not to pay attention to others’ experiences or seek to understand others’ point of view, feelings, or why they are behaving a certain way. According to leading lawyer personality expert, Dr. Larry Richard, empathy amongst attorneys has been steadily declining over the years, with Millennial attorneys’ empathy scores skewing even lower (38 percent).

On the whole, lawyers would be well served to seek out and implement targeted strategies to increase our ability to actively tune in to signs of distress or impairment amongst our colleagues, as well as act with collegiality and compassion.

Strengthening Bonds Through Professional Associations

"No man is an island entire of itself; every man is a piece of the continent, a part of the main." - John Donne

Belonging to and participating in a professional association in person is one of the most effective ways for a lawyer to intermingle with other legal professionals, find a sense of community and have opportunities for professional growth and development. Co-author, Cynthia Sharp, was active in her state and local bar association for close to 30 years while in practice and has been active at the national level in the American Bar Association for the past 13 years.

By taking full advantage of networking opportunities and attending as well as teaching association sponsored CLEs, Cindy formed relationships with mentors, as well as mentees and built many long term friendships—both personal and professional. According to Cindy, “When I had an issue that I wanted to bounce off of another attorney, I always had someone to call who could at least point me in the right direction. A side benefit was that I built connections with potential referral sources.”

Alongside the rise in incivility among lawyers is a decline in participation in professional associations. One of the most commonly cited reasons is that many lawyers now prefer to save time by taking advantage of online resources and virtual networking opportunities. To be clear, the authors heartily endorse online relationships especially since that is how we met and ultimately built The Legal Burnout Solution. In addition to cultivating online connections, however, there are a number of advantages to building in-person relationships. Indeed, the commitment to meeting up with others IRL (in real life) can be well worth the effort.

A key benefit derived from face-to face contact is the promotion of civility among colleagues. Connecting on a personal level allows even adversaries to gain at least a glimpse of each other’s humanity. Subsequent interactions are then more likely to be civil since it is more difficult for most people to be rude to those with whom they have shared personal communication.

We hope that we have inspired even a few readers to become active in a local, state or national professional association. Not only will individual attorneys benefit personally and professionally, but the profession as a whole will be strengthened through enhanced community and civility.

Professionalism and (In)Civility

“So let us begin anew; remembering on both sides that civility is not a sign of weakness, and sincerity is always subject to proof.” — John F. Kennedy

Despite decades-old efforts to promote professionalism in the legal field (see the American Bar Association’s 1995 recommendations encouraging bar associations to adopt aspirational standards of civility and courtesy) the issue of incivility continues unabated overall and appears to be worsening. In response to the increase in lawyer incivility, the bars of most states as well as many local bars have adopted codes or guidelines of civility. Readers interested in reviewing various Professionalism Codes adopted throughout the U.S. can refer to a compilation put together by the American Bar Association.

Not everyone is in favor of enacting civility codes, however, claiming that the rules may be applied unevenly and that free speech may be chilled. David L. Hudson Jr.’s excellent article “Lawyer Speech Triggers Both Civility and Constitutional Concerns” (ABA Journal, September 1, 2019) discusses this point of view. We also recommend the article for its comprehensive legal and ethical analysis of professionalism and civility in the legal setting.

As an aside, if an attorney’s improper conduct warrants a complaint, the applicability or impact of all ethical rules must be considered. Attorney Karen Wachs of Springfield, New Jersey, cautions, “Attorneys, at least those in New Jersey, have to be very careful about ‘complaining’ about unprofessional or uncivil behavior due to the ethical risk of directly or indirectly divulging client confidential information and/or legal strategy even if done anonymously.”

The authors are in favor of articulating specific rules of professionalism and civility as a way of establishing formal boundaries. Even with specific rules in place, many will continue to act out their baser instincts through bullying—and most likely will continue to get away with it. With that said, we have hope and believe that all people are capable of evolving—if they would only stop and take a look at themselves. Those familiar with our work will not be surprised that one solution we suggest is to adopt a mindfulness practice as outlined below.

Mindfulness Strategies to Forge Conscious Connection 

“Between stimulus and response there is a space. In that space is our power to choose our response. In our response lies our growth and our freedom.” — Viktor Frankl

Only when we recognize the root cause of an issue can we identify effective solutions. This is why we promote mindfulness as a foundational strategy to improve our relationships with colleagues and consciously build legal work environments that safeguard our health and well-being. For example, consistently practicing mindfulness can strengthen our ability to communicate with courtesy and respect even in the face of challenging situations and interpersonal interactions.

Proactively learning and implementing healthy coping skills can help us effectively manage the ill effects of uncivil interactions and avoid perpetuating discourteous behavior. Through mindfulness meditation, we can increase our awareness of stress triggers—and the accompanying thoughts and feelings that arise—which, in turn, can reduce impulsive reactivity to these stressors.

We’ve all been there—getting an email that we perceive as rude or passive-aggressive, “seeing red,” and immediately firing back a heated response that only adds fuel to the fire. When we practice mindfulness, we create and hold space to objectively observe our experiences, which helps us slow down and make conscious decisions rooted in awareness. Take the rude email scenario: An attorney who regularly practices mindful meditation will likely be better able to recognize how the discourteous email affected her, move past those negative emotions, and respond civilly, rather than instantly reacting in anger or frustration in the heat of the moment.

Increasing our mindfulness creates a powerful positive feedback loop, lowering our perceived stress levels, expanding our empathy, and increasing our overall sense of well-being, happiness, and life satisfaction. Further, the positive effects of mindful meditation are cumulative, meaning the more you practice it, the more you can maximize its benefits.

When beginning a mindfulness practice, keep an open mind and remember that there is no singular “right” way to meditate. We encourage you to experiment, have fun, and find a practice that resonates with you personally, which will help you form sustainable, healthy habits. Below are a few practical tips to integrate mindfulness into your everyday life and law practice:

1. Breathwork: Our breath#86C6E5 is the most foundational mindfulness tool at our disposal. Taking slow, deep breaths for even 30 seconds to a minute can turn off our “fight or flight” response and kick on our relaxation response. Particularly in moments of stress or anxiety, bring awareness to your breath. There are countless “pranayamas” to explore—prana meaning breath of life or vital energy and yama meaning control in Sanskrit. For example, take three long breaths in through the nose and out through the mouth focusing on making your exhale longer than your inhale. Check out legalburnout.com for several breathwork tutorials, including box breathing, alternate nostril breathing, and cleansing breath.

2. Movement: Studies show that incorporating small movements into your daily routine can have immediate and long-lasting positive benefits on our mood, as well as protect ourselves from developing mental health concerns, such as depression. Seek to incorporate simple, restorative movements throughout your workday, especially to relieve physical tension or the stress of challenging interpersonal interactions. Set regular reminders to get up from your desk and walk around, stretch, or give yourself a quick massage to your ears, neck, shoulders, hands, etc.

3. Gratitude—On average, we experience approximately 60,000 thoughts every day—critically, 80 percent of our thoughts are negative, and 95 percent are repetitive. By practicing gratitude, we can train our brains to adopt a more positive state of mind. Begin and end each day by reflecting on and/or writing down three things that you’re grateful or thankful for in general or something that went well that day. Strive to identify new or different things to be thankful for each time.

Remind yourself that cultivating mindfulness is a skill set that takes time, dedication, and consistency to develop. Especially if you don’t have much prior experience working with contemplative practices, initial attempts to practice mindful awareness of your thoughts, feelings, and bodily sensations may be challenging or even feel uncomfortable. Be gentle with yourself, have compassion, and stick with it!

If you are interested in learning more simple strategies to promote stress resilience, we have compiled a Mindfulness Resource Guide to get you started. E-mail us at cindy@legalburnout.com, and we will forward it to you.

Moving Forward

Taking steps to create and nurture service and solidarity is a duty that we owe each other and the profession as a whole.  We urge each of you to consider what shifts you can make in behaviors and attitudes that will help improve the culture of our profession as well as the lives of our colleagues. By working together, we can build a supportive community so that all can thrive.

Originally published in "Ethics and Professionalism: The Keys to Building and Maintaining a Successful Law Practice" by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.