The Mental Health Crisis in the Legal Profession and How We Can Help

“I’m struggling – can you recommend a therapist?”

Over the eight years I’ve been doing immigration evaluations, It probably doesn’t come as a surprise to anybody that I’ve been asked this question several times.

But it may surprise you to know that the people asking weren’t my clients but rather the immigration lawyers who I work with.

Research on the mental health of lawyers reveals a troubling landscape where stress, loneliness, and overcommitment significantly contribute to suicidal thoughts.

While mental health struggles affect many professions, the legal field has alarmingly high rates of suicide and stress-related disorders. As a therapist specializing in evaluations for immigration cases, I’ve seen firsthand the unique pressures these professionals face. 

September is Suicide Prevention Month, and I want to use this blog article to shed light on a topic that is often shrouded in silence and stigma.  I’ll delve into the factors contributing to the stressors lawyers face, particularly those working in immigration law. Then, we’ll explore what we can do to create a more supportive environment.

The Sobering Reality of Lawyer Mental Health

I’ve presented at law schools before, and I enjoy pulling up stock images of lawyers and putting them side by side with those of therapists. Right away, you can spot the differences. 

Therapists are the ones wearing cardigans and soft, flowy clothes in pastels.  They lean in and turn their head to the side understandingly as they listen to all your worries.  They are receptive and soft -not a hard edge in sight.

Meanwhile, the images of attorneys show them wearing dark suits, holding important papers, and often standing in front of bookcases full of so many important legal tones.
They are so smart! 

Other photos show them marching up courthouse steps or standing in front of the courtroom, making compelling arguments to a judge.  

The message is clear: lawyers are cool, confident, and composed. They’ve got their shit together.

But the reality is that often, under the surface, many attorneys are grappling with immense pressure. Long hours, adversarial environments, and the emotional weight of clients’ struggles take a toll. 

Lawyers have been trained to be dedicated to their clients, intellectualize problems, and compartmentalize emotions. Yet, the qualities that make for a very effective attorney can also create a breeding ground for mental health issues.

There are certainly other high-stress professions, but often, those professionals, like healthcare professionals, are also trained to collaborate with colleagues while helping and caring for others. Meanwhile, legal education often emphasizes an adversarial approach and prioritizes individual achievement. 

Lawyers are trained to fight for their clients, often in highly contentious environments. This focus on competition and self-reliance can create a culture where seeking help is perceived as a sign of weakness. And this culture can make it difficult and uncomfortable for lawyers to acknowledge their struggles and reach out for support, further exacerbating their mental health challenges.

Mental Health Crisis in the Legal Profession

The crisis in mental health and substance abuse within the legal industry is highlighted in the ALM’s 2023 Mental Health and Substance Abuse Survey, where 49% of respondents agreed that these issues had reached a crisis level. A whopping 67% of respondents felt that their personal relationships suffered as a result of being a legal professional. 

Depression was another major concern, with 38% of lawyers reporting feelings of depression – which is over twice the rate of the general U.S. adult population. 

Maladaptive coping mechanisms are another issue, with 26% of respondents reporting an increased use of drugs and/or alcohol as a result of their work and work environment.

Almost 15% of lawyers in the survey responded that they knew someone in the legal profession who died by suicide in the past two years. When asked about themselves, 16% responded that they had contemplated suicide during their professional legal career.

Suicidality Among Lawyers

This research on mental health aligns with broader statistics related to lawyers and suicide.

• Lawyers are twice as likely as other U.S. adults to contemplate suicide.

• Perceived stress is a significant predictor of suicidality; lawyers with high stress are 22 times more likely to experience suicidal thoughts, while those with intermediate stress levels are 5.5 times more likely.
• Lonely lawyers are nearly three times more likely to have suicidal thoughts, and those who are highly over-committed to work are more than twice as likely.
• Male lawyers are twice as likely to contemplate suicide, which is different from the general population, where women experience higher levels of suicidal ideation.
• The profile of a lawyer at the highest risk for suicide includes a lonely or socially isolated male with high levels of unmanageable stress who is overly committed to work and may have a history of mental health problems.

Immigration Law: A Perfect Storm of Stress

While all lawyers face pressures, immigration attorneys encounter a particularly challenging set of circumstances that can significantly impact their mental health:

Vicarious Trauma

Vicarious trauma is when prolonged exposure to others’ trauma changes your attitude or worldview, and it is a common occurrence among immigration lawyers who often work with clients who have experienced trauma, such as domestic violence, assault, human trafficking, or torture. 

Vicarious trauma can show up in various aspects of life:

• Emotional: Anxiety, irritability, sadness, numbness, difficulty concentrating.
• Physical: Fatigue, sleep disturbances, headaches, digestive issues.
• Behavioral: Increased substance use, social withdrawal, changes in appetite.
• Work-related: Burnout, decreased job satisfaction.

It can also be difficult when a client loses their case after the attorney has invested significant time and effort. The emotional labor involved in listening to and supporting clients through their traumatic experiences can take a serious toll on lawyers’ mental health.

Political and Social Climate

Saying that immigration policy can be volatile and polarizing is a gross understatement. Our country’s ever-changing immigration legal landscape, coupled with the emotional weight of clients’ lives hanging in the balance, creates immense stress. 

Attorneys have to navigate complex, often contradictory policies and regulations. They are then expected to remain cool, calm, and collected while trying to explain the frustrating process to their frightened and overwhelmed clients. The uncertainty and instability of immigration law can feel like a perpetual crisis, and it can be challenging for lawyers to find a moment of calm in this storm.

After a while, lawyers may feel like Sisyphus, constantly fighting an uphill battle against an unfair system that may change at any moment.  All this can take a toll on even the most resilient attorneys.

Client Vulnerability

Immigration clients can be particularly vulnerable – many face language barriers, cultural adjustments, and the fear of deportation. The clients’ stress can place a unique emotional burden on their attorneys. Lawyers may feel a profound sense of responsibility for their clients’ well-being, knowing that the outcomes of their cases can have life-or-death consequences. It should come as no surprise that this level of pressure can lead to chronic stress and emotional exhaustion.

High Stakes

Immigration lawyers often work with clients facing complex immigration challenges, and the outcomes of a case can be life-altering. The stakes are incredibly high, and the pressure to achieve positive outcomes for their clients can be overwhelming. Attorneys may feel a constant weight on their shoulders, knowing that any mistake or oversight could have devastating consequences for their clients and their families.

Evolving Law

Immigration law is notoriously complex and constantly evolving, with frequent changes in policies and regulations. Lawyers must keep up with these changes, adding an intellectual and emotional burden to their already full plate. 

Long Hours and Lower Pay

Like most lawyers, immigration attorneys often need to work long hours, especially when starting out. The demands of the job can lead to chronic overwork and insufficient rest. Immigration lawyers may earn less than other types of lawyers, adding financial stress to the already challenging job conditions.

The combination of demanding work and financial strain can further contribute to burnout and mental health issues. 

Fostering Resilience and Prevention: A Multi-Faceted Approach

After painting a somber picture of the stressors and mental health challenges immigration lawyers face, let’s shift gears and focus on solutions.

Education and Awareness

Effective change for attorneys needs to start right at the beginning. Starting in law school, the legal community can initiate open conversations about mental health and well-being. This could include integrating mental health education into law school curricula and offering regular training on stress management and self-care techniques. 

These conversations then should continue throughout their careers. By normalizing these conversations and providing resources, the legal community can begin to create a culture that encourages help-seeking behavior.

Additionally, professional organizations like the American Immigration Lawyers Association (AILA) can play a pivotal role in continuing to educate lawyers on the signs of burnout, depression, and suicidal ideation.

Ideally, this culture shift would empower attorneys to recognize the signs and symptoms of mental health issues and empower them to seek help before their symptoms worsen. 

Peer Support

Peer support groups for immigration lawyers are another option to provide a safe space for sharing experiences, venting frustrations, and offering support. These can be formal support groups, but informal gatherings can be just as effective and create a sense of community and understanding that can serve as a lifeline in times of need. 

Peer support groups can help lawyers feel less isolated because they are with others who can really understand their struggles.  Knowing that there are other colleagues out there facing similar challenges can be incredibly comforting. These groups could also be a place to share coping strategies and stress management techniques.

Setting Boundaries

Immigration attorneys are very dedicated to their clients. They work hard and do everything they can to help. But sometimes, this means doing too much, like staying late at the office, answering calls on weekends, or checking messages while on vacation. While it’s tempting to describe this merely as dedication, it’s crucial to maintain firm boundaries. 

You need clear times for work and clear times for rest. Emergencies happen, but it’s important to know what truly can’t wait and what can. Often, a client can wait a few hours or until the next day. Lawyers need to establish clear guidelines for their availability and communicate these boundaries to their clients and other office staff. 

Setting boundaries is essential for maintaining a healthy work-life balance. I recently heard of a law firm that did not allow staff to have their work email on their phones.  While the main reasons for this were about privacy and confidentiality, the policy also had the secondary effect of preventing lawyers from quickly checking work email constantly during their off hours. 

Self-Care 

Another essential component of building resilience against stress and burnout is to prioritize self-care. Self-care is often touted as a luxury, but in reality, it’s a necessity.  And to be clear, self-care means different things to different people. Sure, for some, it can mean regular pedicures and massages, but for others, it could look like going to the gym regularly, meditating, eating healthy foods, spending time with friends, engaging in a hobby, or simply getting enough sleep.

But in the fast-paced world of immigration law, regularly taking time for self-care can quickly fall by the wayside. To keep up and reinforce healthy habits, you can set simple reminders or incorporate them into your day, like stepping away from your desk for a walk once a day or stopping somewhere peaceful for a quick break on the way home.

When you prioritize self-care, you improve your overall well-being and ability to cope with stress.  Ultimately, it’s important to understand that self-care isn’t selfish or something to do when (or if) you find the time. Rather, it’s an essential component for maintaining your well-being.

Self-Assessment and Monitoring

In grad school, I thought Research Methods would be my least favorite class.  But, I quickly learned how critical it would be to my practice.  Among the many topics we covered, one of the things that has most stuck with me is: If you don’t measure something, you won’t know if you are making progress.

Keeping track of your moods or symptoms on your own can alert you if things start heading in the wrong direction. This can be as simple as keeping a journal and rating your stress level on a scale of 1-10 every week.

There are also some great self-assessment tools online:

• One of the most widely used tools is the Perceived Stress Scale, and you can access it for free here. Answer a few questions, and you get a score from 0-40, and it will classify your stress level as low, moderate, or high.

• I especially like the DASS -21 because it gives you separate scores for depression, anxiety, and stress.  You can access a free version here.

You can also use an app on your phone, which may make it easier to keep track of your moods consistently.  Some options are Moodfit and Daylio.

Regardless of how you keep track of your moods or symptoms, there are two essential components:

• Measure regularly – you can make it part of a Friday afternoon wrap-up.
• Put the data to use – As soon as you start noticing negative trends, reach out.  

Think of self-assessment tools as an early warning system. The idea is that you can use the information to seek help before things become more serious. These scales or apps can help lawyers identify changes in their mental health and then use that information to take proactive steps to address the issue. 

Accessible Mental Health Services

Immigration attorneys need access to confidential, affordable mental health care. This includes therapy, counseling, and stress management programs tailored to their specific needs. 

Ideally, firms would provide insurance coverage for mental health services and ensure that these services are easily accessible. Making mental health services readily available can reduce the stigma associated with seeking help and encourage more lawyers to prioritize their mental well-being.

As mental health clinicians, we can offer our expertise and support, helping lawyers develop coping mechanisms and resilience. We can also provide guidance on stress management techniques, mindfulness practices, and healthy ways to cope with vicarious trauma.

Mental Health Resources for Immigration Lawyers

The high stakes, emotional burdens, and relentless pressures of being an immigration attorney can feel overwhelming, but support is available.

As we focus on mental health within the legal profession, especially during Suicide Prevention Month, I want to be sure to highlight resources for lawyers struggling or facing suicidal thoughts.  The following is by no means an exhaustive list but rather a starting point.

The National Suicide Prevention Lifeline (988 or 1-800-273-8255) provides free, confidential support available 24/7. You can access the lifeline via call, text, or chat.

The Lawyer Depression Project is a group of legal professionals who have experienced mental health challenges and host a confidential forum and support group meetings, fostering a safe space for sharing experiences.

The American Bar Association offers a Directory of Lawyer Assistance Programs organized by state.

AILA offers a webinar, It’s Okay to Not Be Okay: Overcoming Mental Health Stigma in Immigration Practice, on how to approach the mental health challenges that come with the job. Local AILA chapters may have additional resources for their members.

Remember, reaching out for help is a sign of strength.

If you or someone you know is struggling, remember you’re not alone. There are people ready to help and support you. 

Finally, for our part, as mental health professionals, colleagues, and allies, we need to be proactive in creating a supportive environment. This means being aware of the signs of burnout, stress, and depression and fostering a culture where seeking help is normalized and encouraged.

If you or someone you know is struggling with thoughts of suicide, please reach out.

Help is available.

Call or text 988

The 988 Suicide & Crisis Lifeline provides 24/7, free, and confidential support.

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References

Family, J. (2022, December 15). The immigration lawyers are not “alright” [Review of the article Asylum attorney burnout and secondary trauma, by L. M. Harris & H. Mellinger]. JOTWELL. https://lex.jotwell.com/the-immigration-lawyers-are-not-alright/

Fredlund, C. (2023, May 18). Mental health by the numbers: An infographic mapping the legal industry’s well-being. The American Lawyer. https://www.law.com/americanlawyer/2023/05/18/mental-health-by-the-numbers-an-infographic-mapping-the-legal-industrys-wellbeing/

Harris, L. M., & Mellinger, H. (2021). Asylum attorney burnout and secondary trauma. Wake Forest Law Review, 56, 733. Available at SSRN: https://ssrn.com/abstract=3787163

Houston, D. (Ed.). (2023, February 14). Study: Attorneys twice as likely as others to think of suicide. Daily Journal – California Lawyer. https://www.dailyjournal.com/articles/371212-study-attorneys-twice-as-likely-as-others-to-think-of-suicide

Krill, P. R., Thomas, H. M., Kramer, M. R., Degeneffe, N., & Anker, J. J. (2023). Stressed, lonely, and overcommitted: Predictors of lawyer suicide risk. Healthcare, 11(4), 536. https://doi.org/10.3390/healthcare11040536

Miki, S. (2024, May 2). Lawyer depression: Recognizing the signs and dealing with it. Clio. https://www.clio.com/blog/dealing-with-lawyer-depression/

Susko, V. (2023, May 24). Caring for caregivers: How immigration professionals can prioritize mental wellbeing. JD Supra. https://www.jdsupra.com/legalnews/caring-for-caregivers-how-immigration-6632762/