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The Legal Industry Has Reached a Tipping Point

“Lawyers, judges, and law students are faced with an increasingly competitive and stressful profession. Studies show that substance use, addiction, and mental disorders, including depression and thoughts of suicide- often unrecognized – are at shockingly high rates.” – David R. Brink, Past President of the American Bar Association

Contrary to popular beliefs and television portrayals of lawyers living a life of luxury, prestige, and happiness, everyone in the legal profession is not thriving. Instead, the profession is at a tipping point, and if critically important changes are not made soon to how lawyers do business and take care of themselves, the profession could be headed toward a crisis.

For some, sounding this alarm may be akin to crying wolf. After all, this is certainly not the first time the alarm has been triggered or that critics have claimed the profession to be “lost,” “in crisis,” or in “decline.” (Harper, 2013, Moliterno, 2013, Trotter, 2012, Fleming, 1997, Gelennin, 1994, Kronman, 1993)  In this case, however, the facts speak for themselves. 

The Legal Profession is Struggling

In the cover letter accompanying the American Bar Association National Task Force on Lawyer Well-being Report, Task Force Chairs Bree Buchanan and James C. Coyle wrote:

The legal profession is already struggling. Our profession confronts a dwindling market share as the public turns to more accessible, affordable alternative legal service providers. We are at a crossroads. To maintain public confidence in the profession, to meet the need for innovation in how we deliver legal services, to increase access to justice, and to reduce the level of toxicity that has allowed mental health and substance use disorders to fester among our colleagues, we have to act now. 

We Are at a Crossroads

It is clear that lawyers cannot continue doing things the same old ways. Changing things in the legal industry, however, is often much easier said than done. As Buchanan and Coyle noted, “[c]hange will require a wide-eyed and candid assessment of [attorneys’] state of being, accompanied by [a] courageous commitment to reenvisioning what it means to live the life of a lawyer.” For decades the legal profession has been plagued by large numbers of lawyers who are needlessly suffering from the physical and psychological tolls placed upon them by the profession. Several studies have found that the legal profession has the highest rate of depression of all occupations.

Working long hours is commonplace in the legal profession. Indeed, according to several recent studies, workaholism among attorneys ranges from  23 percent to 26 percent. Work addiction is associated with numerous health and relationship problems including depression, anger, anxiety, sleep problems, weight gain, high blood pressure, low self-esteem, low life satisfaction, work burnout, and family conflict.

A chronic lack of sleep may also contribute to lawyers’ diminished mental and physical health. Plus, having a pessimistic explanatory style can also lend itself to lawyers’ mental health problems. Add to all of this a healthy dose of compassion fatigue, chronic stress, a lack of autonomy, and loneliness and you have the making of a perfect storm for burnout and a lack of professional satisfaction, not to mention the ethical issues that arise from such issues. 

The Legal Industry Most Undergo a Fundamental Transformation

At the same time that lawyers are facing unprecedented physical and mental health challenges, law firms and other professional services ecosystems are also facing a volatile, uncertain, complex, and ambiguous global business environment, including a dwindling market share driven by the public’s shift to more accessible, affordable alternative legal service providers. To maintain public confidence in the profession, to meet the need for innovation in how lawyers deliver legal services, to increase access to justice, and reduce the level of toxicity that has allowed mental health and substance use disorders to fester among our colleagues, we have to act now. 

A global pandemic combined with exponentially advancing digitization is also transforming the ways in which legal work gets done. Plus, law firms and other professional services organizations are now facing mounting pressures to grow revenues, diversify their workforce, and raise productivity and performance, at the same time that unprecedented levels of competition are forcing innovation in the ways clients are served and talent is recruited and retained.

The Time to  Start Doing Things Differently is NOW! 

People around the world, including law firm clients and the students at our law schools and universities, are demanding social justice relating to race, gender equity, and other forms of social change. The legal profession is also dealing with challenges related to these issues and others, including attorney well-being. This convergence of forces has led to a proclamation from industry leaders that the legal profession has reached a tipping point.

It Doesn’t Have to Be This Way.

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Now, More Than Ever is the Time for Straight Talk For Attorneys

Our trusted advisors all have proven track records of impact helping clients navigate uncertain environments by looking at things differently and taking even the toughest challenges head-on rather than ignoring them or sweeping them under the rug. Our methodologies focus an appropriate amount of attention on near-term pressures while also laying the foundation and building capabilities for long-term success.

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