Balancing the Scales: Practicing Law While Managing Mental Illness by Anonymous

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Practicing law requires a wide range of cognitive, emotional, and interpersonal skills, many of which can be affected by mental illness. Yet many attorneys manage to balance the demanding responsibilities of legal practice while navigating their own mental health challenges. This article explores the ethical and professional considerations for attorneys in Idaho who are dealing with mental health issues, the implications of the Idaho Rules of Professional Conduct (IRPC”), and the resources available to foster well-being while maintaining professional competence.

The Intersection of Lawyering and Mental Health

The legal profession is widely recognized as one of the most demanding careers, characterized by long hours, high stakes, and relentless pressure to excel. This intense environment often rewards perfectionism and resilience but can come at a significant personal cost. Lawyers are particularly vulnerable to mental health challenges, including stress, anxiety, depression, burnout, and substance use disorders at rates far exceeding those of the general population. This profession also rewards activities that can contribute to the latter: networking events often involve and encourage substance use.

A 2016 study by the American Bar Association (“ABA”) found that 28 percent of practicing attorneys experience depression, 19 percent report symptoms of anxiety, and 21 percent struggle with problematic drinking.[i] Despite these figures, many legal professionals are hesitant to seek help, fearing stigma or professional consequences. The field’s cultural emphasis on self-sufficiency and an image of invulnerability further exacerbates these barriers, creating an environment where admitting mental health struggles is often viewed as a weakness.

“…the professional and ethical obligations of
being a lawyer require individuals to address
and manage their mental health to maintain
competence and uphold their duties.”

The existence of the Idaho Lawyer Assistance Program (“LAP”) reinforces the seriousness of these issues. According to the LAP Reference Manual, lawyers are disproportionately affected by addiction and mental illness, with rates of depression and substance abuse nearly double those of the general population.[ii] The LAP Manual also underscores the importance of early intervention, highlighting that denial often prevents legal professionals from seeking help until their issues have escalated significantly.[iii]

Recent research, such as the 2020 study published in Measuring Lawyer Well-Being Systematically, challenges the narrative of universal lawyer misery but highlights concerning trends.[iv] For instance, lawyers under the age of 40 exhibit high rates of problematic alcohol use, and those in high-stakes environments, such as working to make partner at large law firms, face unique stressors that exacerbate mental health issues.[v]

A work-life balance can be a challenge to achieve in any profession but defining aspects of the legal profession such as problems, disputes, high-stakes, and competition, make that balance even more difficult to achieve. This imbalance can lead to chronic stress, decreased motivation, and a greater likelihood of professional disengagement, further exacerbating mental health struggles.

Though practicing law may aggravate mental illness, it is rarely the root cause, and leaving the profession is not the solution, at least not necessarily. However, the professional and ethical obligations of being a lawyer require individuals to address and manage their mental health to maintain competence and uphold their duties.

Mental health challenges often affect every aspect of a person’s life, including essential professional skills. Cognitive abilities such as critical thinking, problem-solving, and decision-making may be compromised by depression or anxiety, making it harder to assess legal issues objectively and provide sound counsel. Attention to detail—crucial in contract review, case preparation, and legal drafting—can also decline, increasing the risk of errors that could jeopardize client outcomes. Additionally, emotional regulation and resilience are necessary for managing high-pressure situations, yet mood disorders can impair an attorney’s ability to navigate adversarial settings or maintain professional composure in court.

This intersection of mental health and professional obligations underscores the need for attention within the legal community. While reducing stigma, fostering support systems, and promoting mental health awareness are essential at an institutional level, individual attorneys must also recognize how their own struggles may impact their professional responsibilities. Awareness of these challenges is the first step toward addressing them, whether through self-assessment, seeking peer support, or utilizing available mental health resources.

Equally important is the ability to recognize signs of mental health struggles in colleagues, employees, and peers, and to understand how to offer meaningful support or connect them with appropriate resources. The legal profession must encourage both systemic solutions and personal accountability to ensure attorneys can manage their well-being while upholding their ethical duties. The following sections explore the rules that may be implicated as well as concrete steps attorneys and the profession as a whole can take to navigate these challenges effectively.

 

Resources and Support Mental Health Professionals Seeking professional help from a therapist, counselor, and/or psychiatric nurse practitioner can be a crucial step in addressing mental health challenges. Just as we would advise someone to consult a lawyer for legal matters, mental health professionals provide the specialized support and tools needed to manage stress, anxiety, depression, or other concerns. Most health insurance policies include coverage for mental health services. The Idaho State Bar Lawyer Assistance Program If you’re an Idaho attorney feeling the weight of mental health challenges and you don’t want to see a health professional or you don’t know where to start, the LAP is a lifeline worth exploring.13 Confidential and accessible, the LAP offers support for a range of issues, including stress, depression, anxiety, and substance abuse. Services include peer support, treatment referrals, and guidance on re-entering practice after treatment. The LAP’s confidentiality is reinforced by Rule 8.3(c), ensuring a safe space to seek help without fear of stigma or professional repercussions. Workplace Employee Assistance Programs For attorneys employed by firms or organizations, Employee Assistance Programs (“EAPs”) can be another valuable resource. Almost all large employers offer EAPs; law firms sometimes have EAPs that are specific to the legal field. EAPs usually provide free, confidential counseling services and resources for managing stress, family issues, or workplace conflicts. Information about your employer’s EAP can likely be obtained through your human resources office or contact. Professional Peer Networks Sometimes, the best support comes from those who’ve walked a similar path. Peer support groups can be found through therapists and other providers, and nonprofit organizations such as the National Alliance on Mental Illness (“NAMI”).14 The American Bar Association Commission on Lawyer Assistance Programs provides a wealth of resources for those seeking peer support.15 Sharing experiences and strategies for managing mental health challenges can foster a sense of solidarity and reduce feelings of isolation.

Ethical Considerations Under the Idaho Rules of Professional Conduct

The IRPC provides a framework to ensure that lawyers uphold their professional responsibilities, even when facing personal challenges. Managing mental health within this framework requires balancing self-care with the duty to clients, the courts, and the public.

Rule 1.1: Competence. Rule 1.1 requires lawyers to provide competent representation to their clients.[vi] Competence includes not only legal knowledge and skill but also the mental and emotional capacity to manage a case effectively. When mental health issues interfere with an attorney’s ability to perform their duties, they risk falling short of this standard.

Having a mental health condition obviously does not mean an attorney is incompetent. What matters is how those conditions are managed. Lawyers experiencing mental health difficulties should regularly assess their ability to meet the Rule 1.1 standard. Ways to ensure compliance with Rule 1.1 while addressing personal well-being include seeking treatment, delegating responsibilities, or even temporarily stepping away from practice when necessary are all.

The LAP Manual offers specific guidance, emphasizing the value of peer support and professional counseling to address impairments that could undermine competence.[vii] The program also provides access to temporary replacements for attorneys seeking treatment, ensuring continuous representation for clients.[viii]

Rule 1.3: Diligence. Rule 1.3 requires attorneys to act with diligence and promptness in representing a client.[ix] Mental health challenges can lead to procrastination, missed deadlines, or incomplete tasks, which can potentially harm clients and expose the attorney to disciplinary action. Lawyers can proactively mitigate these risks by organizing their workflow, leveraging technology to manage tasks, and building a strong support network. It is crucial to recognize the early signs of these issues and seek appropriate interventions—whether through therapy, adjustments to workload, or collaboration with colleagues—to uphold this ethical obligation.

Rule 1.4: Communication. Clear, effective, and timely communication is fundamental to the attorney-client relationship. Rule 1.4 obligates attorneys to keep clients informed and respond promptly to their inquiries.[x] However, mental health challenges such as depression or anxiety and the symptoms of substance abuse disorders can impair an attorney’s ability to respond to client inquiries or explain complex legal matters effectively. Attorneys should implement strategies to maintain communication, such as designating a point of contact and using technology tools, to ensure compliance with this rule. Setting, communicating, and maintaining boundaries, such as office hours and expected turnaround, can also be helpful to meet this obligation.

Rule 1.6: Confidentiality. Rule 1.6, which governs the confidentiality of client information, could be implicated when an attorney seeks support for mental health.[xi] Attorneys must be cautious not to disclose confidential client information. Sharing details of a case in therapy sessions or peer support groups can inadvertently breach this duty, consider using general terms and hypotheticals and avoid using identifying information like names. Practitioners should seek professional help from providers familiar with legal ethics or consult resources like LAP that understand attorney-client privilege and professional ethics, they will recognize and respect those boundaries and assist in avoiding disclosure of confidential information.

Rule 8.4: Misconduct. Rule 8.4 prohibits behavior prejudicial to the administration of justice.[xii] Rule 8.4 can be implicated if a lawyer’s unmanaged mental health condition leads to conduct that is prejudicial to the administration of justice, involves dishonesty, or reflects adversely on their fitness to practice law. For instance, missed deadlines, failure to communicate with clients, or erratic behavior in court could result in disciplinary action under IRPC 8.4(d) for conduct that undermines the integrity of the legal system. As another example, criminal behavior, such as DUI or drug-related offenses (possibly stemming from untreated mental health conditions) could violate IRPC 8.4(b). Intervention is key to prevent such scenarios and preserve professional integrity. Seek the help you need.

Strategies for Success

Managing mental health begins with recognizing when something is amiss. Symptoms like chronic fatigue, irritability, difficulty concentrating, or increased reliance on substances can all signal deeper issues, making awareness key to addressing problems before they escalate. If you have identified an issue, take steps to address it. A handful of practical tips for your practice are addressed previously and so is seeking professional help. But sometimes the best and perhaps easiest place to start is with self-care.

“By sharing their experiences and
advocating for greater awareness, attorneys
can help create a more supportive and
understanding professional culture.”

Self-care isn’t just a trendy buzzword; it’s a critical component of maintaining mental health and bringing your best self to your role with clients. Think of it as putting your own oxygen mask on first—you can’t effectively help others if you’re running on empty. This might mean taking regular breaks, intentionally scheduling time for hobbies, exercise, and other activities that recharge you, and setting boundaries, including with clients. Taking care of yourself allows you to better serve those who depend on you.

This article has also addressed utilizing technology to assist your practice but there are also powerful technological tools to reduce stress and facilitate self-care. Apps for meditation, relaxation, journaling, you name it, and telehealth which makes accessing mental health support easier than ever—no more driving across town for counseling sessions. Chatbot counselors powered by artificial intelligence can even provide convenient, low-pressure options for mental health support (but still be mindful not to disclose confidential client information). By embracing these technologies, you can free up time and energy to focus on both your work and your well-being.

It’s essential to cultivate a strong support network that includes friends, family, colleagues, or mental health professionals because isolation can exacerbate mental health challenges. Don’t hesitate to lean on others when you need help—after all, even the most skilled litigator benefits from a solid team.

Navigating Disclosure and Stigma

One of the toughest challenges for attorneys with mental health issues is deciding whether to disclose their struggles since it is deeply personal and context-dependent. While transparency can foster understanding and support, it also carries the risk of stigma or misunderstanding.

The Idaho Rules of Professional Conduct do not explicitly require attorneys to disclose mental health conditions unless they affect the lawyer’s ability to represent clients competently. However, if mental health challenges lead to significant impairments, attorneys may need to inform clients, colleagues, or the Bar to ensure ethical obligations are met.

Navigating disclosure in the workplace—whether in a law firm, government agency, or corporate legal department—requires balancing personal vulnerability with professional considerations. Many lawyers worry that disclosing mental health struggles could jeopardize their reputation or career trajectory. However, a growing number of legal departments and firms are recognizing the importance of mental health and offering resources such as EAPs (discussed above), wellness initiatives, and accommodations. Disclosing in a supportive environment can open doors to helpful accommodations, such as flexible work schedules or workload adjustments, enabling attorneys to manage their mental health but also enhancing their productivity.

The legal profession has made strides in reducing stigma around mental health, but there’s still work to be done. By sharing their experiences and advocating for greater awareness, attorneys can help create a more supportive and understanding professional culture.

The Role of Firms and Organizations

Law firms and legal organizations play a crucial role in supporting attorneys with mental health challenges. By fostering a culture of openness and providing access to resources, employers can help their attorneys thrive both personally and professionally. This culture also supports colleagues who aren’t struggling with their own mental health, but whose family members suffer.

The Well-Being Toolkit for Lawyers and Legal Employers suggests that legal employers should take proactive steps to prioritize mental health and well-being.[xiii] This includes implementing policies that promote work-life balance, encouraging conversations about mental health, and providing resources (such as EAPs). Leadership should model healthy behaviors, such as setting reasonable expectations around workload and availability, while also normalizing the use of well-being resources and addressing team members who resist a culture of balance, self-care, and support. Firms and organizations are encouraged to offer structured wellness initiatives, such as mindfulness programs, mental health CLEs, and firm-wide wellness weeks, as well as to train supervisors on recognizing signs of burnout and distress. Legal employers that prioritize attorney well-being often see improved morale, reduced turnover, and better client outcomes

A Final Note of Hope

Practicing law while managing mental health challenges can feel overwhelming, but with the right tools and support, it’s possible to achieve a healthy balance between personal well-being and professional excellence. By leveraging resources like the Idaho State Bar’s Lawyer Assistance Program, building strong support networks, and taking practical steps to avoid violating the IRPC, attorneys can navigate the complexities of their mental health while maintaining their commitment to ethical practice.

Remember, you don’t have to go it alone. Whether you’re struggling to meet deadlines, facing burnout, or simply feeling overwhelmed, help is available. After all, even the best attorneys need a little assistance sometimes—and there’s no shame in reaching out.


[i] Patrick R. Krill, Ryan Johnson & Linda Albert, The Prevalence of Substance Use and Other Mental Health Concerns Among American Attorneys, 10 J. Addiction Med. 46, 46–52 (2016), https://www.courts.michigan.gov/4994f6/siteassets/committees%2C-boards-special-initiatves/lawyer-well-being/2016-lawyer-study.pdf.

[ii] Idaho State Bar, Lawyer Assistance Program Reference Manual 7, 20 (Apr. 2022), https://isb.idaho.gov/wp-content/uploads/LAP-Manual.pdf.

[iii] Id. at 8.

[iv] Yair Listokin & Raymond Noonan, Measuring Lawyer Well-Being Systematically: Evidence from the National Health Interview Survey, SSRN (Aug. 5, 2020), https://ssrn.com/abstract=3667322.

[v] Id. at 23.

[vi] IRPC r. 1.1 (2014).

[vii] Idaho LAP Manual, note 2 at page 8.

[viii] Id. at page 11.

[ix] IRPC r. 1.3.

[x] Id. r. 1.4.

[xi] Id. r. 1.6.

[xii] Id. r.  8.4.

[xiii] Anne M. Brafford, Well-Being Toolkit for Lawyers and Legal Employers 1 (2018), https://lawyerwellbeing.net/wp-content/uploads/2020/02/Toolkit-Full_Final_July-30-2018.pdf.