To the Editor:
Mental health and mindfulness are on the "minds" of all, more lately than ever before because of recent suicides in our legal community. Depression, anxiety and stress disorders together with corresponding tragedies know no bounds personally or professionally and certainly impact across the spectrum of work places, families, colleagues, partners and clients.
The legal profession and particularly trial practice has its own unique set of stressors that contribute to angst, anxiety and depression. I don't minimize other professions stressors such as medicine and the battle to save a life, but doctors and other health care providers aren't facing an antagonist looking to "kill" their patient. No one in accounting, engineering or science is trying to sabotage the other side. Typically there isn't even an "other side." The trial lawyer (criminal or civil) and many corporate practitioners have an opponent on the other side looking to destroy their case, argument, evidence and negotiations for the better result or deal. This produces a whole independent set of stress to overcome.
We, as a profession and society, must recognize depression and mental illness as the disease it is. It requires diagnosis and care plans as well as therapy and sometimes institutional help. What it doesn't need is a scarlet letter, an unwillingness to appreciate the signs and symptoms and failure to intercede or assist. Lawyers take an oath that, in addition to supporting the constitutions, pledges, "To opposing parties and their counsel, ... fairness, integrity, and civility, not only in court, but also in all written and oral communications." This pledge mandates an understanding that illicit methods and manners that cause intentional or incidental strife and stress are a violation of one's oath. Such conduct under the guise of advocacy is not fairness, integrity or civility. It would be naive to think in this ever challenging and competitive world, these principals will be adhered to universally. They aren't now, nor will they be in the future, but what can be a tremendous assist will be the recognition and acceptance that a colleague needs help. The state bars, courts, law schools and even law firms need to establish educational tools to recognize a person in trouble, self-help programs and resources to seek such help. The cooperation of others (courts included) to allow a person the requisite help is the epitome of fairness, integrity and civility, isn't it?