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Kansas Task Force on Lawyer Well-Being

This report provides practical recommendations for positive change in the legal profession, addressing substance use, mental health concerns, and the barriers to seeking help. It emphasizes the need to diminish stigma, educate on well-being, and make health a top priority.

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Kansas Task Force on Lawyer Well-Being

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  1. Kansas Task Force on Lawyer Well-Being

  2. Kansas Task Force on Lawyer Well-Being • National Task Force • Why it began • How it began • What does it say • State Task Force • How it began • Who is it • What are they doing

  3. The Path to Lawyer Well-Being:Practical Recommendations for Positive Change THE REPORT OF THE NATIONAL TASK FORCE ON LAWYER WELL-BEING

  4. TASK FORCE GENESIS: 2016 • The Prevalence of Substance Use and Other Mental Health Concerns Among American Attorneys (the “Study”) • P.R. Krill, R. Johnson, & L. Albert • 10 J. Addiction Med. 46 (2016) • Suffering in Silence: The Survey of Law Student Well-Being and the Reluctance of Law Students to Seek Help for Substance Use and Mental Health Concerns (the “Law Student Survey”) • J.M. Organ, D. Jaffe, K. Bender • 66 J. Legal Educ. 116 (2016)

  5. TASK FORCE GENESIS: 2016 • Spring 2016: • NOBC President Paul Burgoyne + CoLAP President Terry Harrell + APRL President Lynda Shely Endorsed creation of a national task force in response to findings of studies

  6. Suffering in Silence: The Survey of Law Student Well-Being and the Reluctance of Law Students to Seek Help

  7. Law Student Survey - Alcohol • One-quarter at risk for alcoholism • 15 law schools • 3,300 law students

  8. Law Student Survey – Mental Health • 17% depression • 14% severe anxiety • 23% mild/moderate anxiety • 6% suicidal thoughts in last year

  9. Law Student Survey – Help-Seeking • Factors that discourage help-seeking: • Threat to job or academic status • Potential threat to bar admission • Social stigma • “I can handle it myself”

  10. Law Student Survey – Help-Seeking • Half of respondents report: “better chance of getting admitted to the bar if a mental health or substance use problem is hidden”

  11. Study of the Prevalence of Substance Use and Other Mental Health Concerns Among American Attorneys

  12. CoLAP/Hazelden Lawyer Study

  13. Lawyer Study – Mental Health • 28% depression • 19% severe anxiety • 11.5% suicidal thoughts during career

  14. Young Lawyers at Risk • The younger the lawyer, the greater the likelihood of: • Substance Use Disorder • Depression • Opposite of current perception

  15. Barriers to Help Seeking • Not wanting others to find out they needed help • Concerns regarding privacy or confidentiality • STIGMA

  16. National Task Force on Lawyer Well-Being:“…seeking to create a MOVEMENT towards improving the health and well-being of the legal profession.”

  17. National Task Force on Lawyer Well-Being • National Organization of Bar Counsel • ABA Commission on Lawyer Assistance Programs • Association of Professional Responsibility Lawyers • ABA Standing Committee on Professionalism • ABA Center for Professional Responsibility • National Conference of Chief Justices • National Conference of Bar Examiners • ABA Young Lawyers Division • ABA Law Practice Division Attorney Wellbeing Committee • Co-author of ABA CoLAP-Hazelden Betty Ford study of mental health and substance use disorders among lawyers; as well as a co-author of the Survey of Law Student Well-Being

  18. Three Reasons to Take Action • Organizational effectiveness: • It’s good for business! • Ethical integrity and professionalism: • It’s good for clients! • Rule 1.1 – competence • Rule 1.3 – diligence • Rules 4.1 through 4.4 – transactions with persons other than clients • Humanitarian reasons: • It’s good for lawyers and their families!

  19. Five core steps for a sustainable culture in the legal profession: • Identify stakeholders and their roles • Diminish stigma associated with seeking help • Emphasize that well-being is a part of competence • Educate on well-being/mental health/substance use disorders • Make health and well-being a top priority throughout the profession

  20. Who are the Stakeholders? • Judges • Legal Employers • Bar Associations • Law Schools • Regulators • Lawyer Assistance Programs • Liability/Malpractice Carriers

  21. Reducing Stigma • Most effective way to reduce stigma through direct contact with someone who has personally experience a relevant disorder

  22. ABA Anti-Stigma Video

  23. What is lawyer “well-being”?

  24. Final Report • Focus is WELL-BEING • Distinction between wellness and well-being • 44 recommendations directed at changing culture of legal profession • General recommendations to all attorneys • Specific recommendations to each stakeholder group • www.lawyerwellbeing.net • Task Force Report • Well-Being Took Kit

  25. General Recommendation: Create a Profession-Wide Action Plan • Develop a National Action Plan that continues the effort. • Create state-level action plan, led by state Supreme Court • Create an organized coalition to plan, fund, instigate, motivate, and sustain long-term change.

  26. Kansas Task Force Genesis

  27. INITIAL AD HOC COMMITTEE IN 2017

  28. KANSAS SUPREME COURT GIVES SUPPORT • August, 2018: presentation to the Court • Justice Rosen appointed • Steve Grieb, General Counsel to Chief Justice, appointed

  29. Current Executive Committee • Anne Mcdonald, Interim Ex. Dir. KLAP; liaison to LAP and Liability Carriers • Penny Moylan, DAO and NOBC; liaison to Legal Employers and Regulation Counsel (Discipline) • Shelley Sutton, Executive Director of Kansas CLE; liaison to Bar Associations and Women/Minorities • Steve Grieb, Supreme Court; liaison to Law Schools and Judges

  30. Ex. Comm. Action • www.kslawyerwellbeing.net • Lawyer Well-Being Survey

  31. CURRENT STATUS • Three state-wide meetings, January, April and July, 2019; next November 1, 2019 • Executive Committee meeting about every 2 weeks • Each stakeholder group has formed, recruited members, met and identified recommendations they will pursue • They also identified a number of recommendations that were already in place in Kansas

  32. STAKEHOLDER GROUPS • JUDGES: Chair is Hon. Steven Hill, KS. Court of Appeals • BAR ASSOCIATIONS: Chair is Shelby Lopez, Executive Director of the Kansas Bar Association • LAW SCHOOLS: Chair is Leah Terranova, KU Law School • REGULATION COUNSEL: Chair is Penny Moylan • MALPRACTICE CARRIERS: Chair is Peggy Wilson of Morrow, Willnauer, Church LLC • LEGAL EMPLOYERS: Chair is Ron Paschal, Deputy District Attorney, Wichita • LAPS: Chair is Lou Clothier, Executive Director of KALAP

  33. RECOMMENDATIONS FOR JUDGES

  34. Judges Recommendation:Communicate that Well-Being is a Priority • The highest court should set the tone. • The highest court or judge in the county, region, state should lead the profession in addressing impairment of: • Judges • Lawyers

  35. Judges Recommendation:Develop Policies for Impaired Judges • The highest court and all judicial regulators should create policies for intervening with impaired judges. • Judicial leaders should refer to judicial/lawyer assistance programs when impairment appears to be present. • They should promote CoLAP’s judicial peer support network and the National Helpline for Judges Helping Judges (1-800-219-6474)

  36. Judges Recommendation:Conduct Judicial Well-Being Surveys • A nationwide study of the well-being of judges should be conducted (comparable to the Lawyer and Law Student studies). – This has been done! • Court leaders should encourage judges to participate. • The results of the study should be publicized widely.

  37. Judges Recommendation:Monitor for Impaired Lawyers and Refer • Judges and their staff can become trained in recognizing signs. • Judges should learn how to make referrals to lawyer assistance programs. • Judges can host programs for lawyers on well-being and encourage attendance.

  38. REGULATORRECOMMENDATIONS

  39. Regulators Recommendation: Adopt Regulatory Objectives That Prioritize Lawyer Well-Being  2016 Conference of Chief Justices resolution: • “each state’s highest court should consider the ABA’s Model Regulatory Objectives”. • Regulatory objectives encourage “appropriate preventive or wellness programs.” • Adopted by: • The Supreme Court of Colorado • The Supreme Court of Washington

  40. Regulators Recommendation: Modify the Rules to Recognize Well-Being As Part of Duty of Competence • Modify ABA Model Rule of Professional Conduct 1.1 (Competence) and/or its comments. • Formally link well-being to basic competence.

  41. Regulators Recommendation:Implement Proactive Management-Based Programs that Address Well-Being • These provide a resource-based framework to improve lawyers’ ability to manage their practice. • The programs are designed to alleviate practice stress, improve lawyer-client relationships, and enhance career satisfaction. • They allow regulators to engage with the profession in a service-oriented, positive manner.

  42. Regulators Recommendation: Expand Continuing Education Requirements to Include Well-Being Topics • Mandate credit for mental health and substance use disorder programming. • Allow credit for other well-being-related topics that affect lawyers’ professional competency.

  43. Regulators Recommendation: Allow One-Way Sharing of Information from Regulators to Lawyer Assistance Programs • States should simplify confidentiality rules to allow admissions offices and other regulators to share such information immediately with local lawyer assistance programs. • This one-way flow of information accelerates help.

  44. Regulators Recommendation: Adjust the Admissions Process to Support Law Student Well-Being • Treatment and rehabilitation of law students with impairments should be emphasized. • Bar applications must narrow questions related to behavioral health history (conduct not status). • Adopt rules for conditional admission, and for essential eligibility admission requirements. • Publish data reflecting low rate of denied admissions due to mental health disorders and substance use.

  45. RECOMMENDATIONS FOR EMPLOYERS

  46. Employer Recommendation: Establish Infrastructure that Will Promote Well-Being • Appoint a Lawyer Well-Being Committee or a Well-Being Advocate to: • Develop initiatives to promote well-being, create accountability and track progress of the strategies. • Cultivate partnerships with lawyer assistance programs and other well-being experts. • Create an information hub to post well-being resources. • Assess lawyers’ well-being through ongoing assessments.

  47. Employer Recommendation: Establish Policies and Practices that Encourage Well-Being • Adopt model law firm policies for handling lawyer impairment. • Establish a confidential reporting procedure for lawyers and staff concerned about a colleague's impairment. • Establish procedures that allow for lawyers to seek confidential help. • Work with lawyer assistance programs to secure services of impaired lawyers.

  48. Employer Recommendations: Establish Policies and Practices that Encourage Well-Being • Actively combat social isolation and encourage interconnectivity • Social support from colleagues helps lawyers recover from work demands and avoid emotional exhaustion • Deemphasize alcohol at social functions • Monitor for signs of work addiction and poor self-care • Avoid rewarding extreme behaviors • Encourage lawyers to take time to care for themselves and loved ones • Promote physical activity to aid in health and cognitive functioning

  49. Employer Recommendation: Provide Education on Well-Being • Incorporate wellbeing education in new lawyer orientation programs • Offer education on well-being topics in order to: • Introduce new lawyers to the psychological challenges of the job. • Reduce stigma surrounding mental health problems. • Take a baseline measurement of well-being to track changes over time. • Provide resilience-related trainings. • Educate on signs and symptoms of impairments common in the legal profession.

  50. RECOMMENDATIONS FOR LAW SCHOOLS

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