Last week, we began a two part look at the little known fact that lawyers suffer more depression than any occupation in the United States. The figures-established by a number of reliable studies-put the percentage of depressed lawyers from 20 percent to nearly 26 percent. That's almost four times greater than any other line of work.

Today, we'll zero in on what this means to you, if your lawyer is suffering depression or burnout. Are there any reliable signs clients can spot? If you suspect that something is just not right, what do you do? Even if you lawyer is depressed, does this necessarily affect how your case will be handled -- that can be the more difficult question to answer.

Lawyers often unaware

of the problem

For the past 17 years, Joan Mounteer has been a Deputy State Public Defender in Colorado, handling felony appeals. Herself a victim of depression since age 13, she has become an expert in Lawyer Depression, lecturing and writing extensively on the subject. "There are definite clues that should raise warning flags something's not right with your lawyer," she believes.

"If a lawyer can barely stand up, reeks of alcohol, and can't form a logical sentence, most clients will know that something's wrong. But, is it depression or simply alcohol or drug abuse? These are often signs of depression, as that lawyer could be self medicating, unaware of why they crave that chemical crutch. Either way, a client has good reason to worry," Joan points out.

"In law school, a large percentage of students start to suffer from depression -- which carries right into law practice -- often brought on or amplified by how legal education rewards students and lawyers. Law school wants perfectionism and encourages students to be analytical and unemotional in their approach to legal problems and clients. Competition, grades, winning, all of it leads to stress which can trigger depression. There is a huge lack of balance in both legal education and law practice," she maintains.

When the lawyer

can't stand the client

"It might not seem this way, but lawyers have values. We also have a duty of loyalty to our clients. We survive because of conflict, and create a fair amount of it ourselves. To most lawyers-not all, but I think most-there is a point where right and wrong matter. So, now, we have a lawyer in a law firm with this duty of loyalty to a client who wants something which clashes with the lawyer's own values. That lawyer is now faced with betraying his own values by doing what the client wants -- and the attorney knows that the client is in the wrong. But he pays the bills. This will eventually affect the lawyer, and doesn't just happen once or twice. It happens a lot," she points out.

"How long can this go on before a young lawyer experiences psychological consequences? Following orders can be destructive and takes a huge toll. What I tell new members of the bar is to understand your own value system and discuss it with your supervising attorney in the firm. Perhaps someone else should handle that client's case, and if you take it, there will be a moral and ethical problem," she advises.

But 50 percent of lawyers in America are in solo private practice. There are no other lawyers in their office. What then, I asked Joan?

"That lawyer, alone with a secretary or two, has no colleague to talk with. Clients -- who are willing to pay you to do something you know is wrong -- well, it is a prescription to make you feel a conspirator with an evil client. You can only go on doing things that clash with your personal values so long before paying a price. I tell new members of the bar to tell clients the truth, that they are in the wrong, and you will not take their case. If you play with dirt, you get dirty, feel guilty, and often this leads to depression and damage to your law practice," she firmly believes.

Warning signs

"Let's say that you had the same lawyer for a long time, and there was never a problem with phone calls being returned. Suddenly, it seems as if your lawyer is gradually avoiding you, but you were assured that the case is a good one. This is one frequent example of how depression impacts a lawyer's performance. You just do not feel like doing what's required, often not caring. " Joan cited as a common warning sign.

"There are some highly suspicious changes in behavior which should cause any client to investigate. Your lawyer seems tired, excessively tired, is no longer courteous, suddenly becoming impatient and curt, even sarcastic. Now, it could be just a bad day, but a pattern of those changes would suggest something else," she stressed.

Concrete steps clients

should consider

Richard Carlton works for the California State Bar, handling Outreach and Education for the Lawyer Assistance Program. He holds a Master's in Public Health, and has specialized in working with impaired lawyers. He added these additional warning signs as well as a prescription for clients to follow.

"Significant changes in mood, behavior, appearance, attitude, or an impression of just not caring about your case -- these are warnings signs any client must pay attention to. If your lawyer is one of many in a firm, I recommend speaking, in confidence, with another attorney in that firm. Just come out and tell it like it is -- that you are worried. I should point out, that most law firms are good at self-regulation, and will see these symptoms before they can have a significant impact on clients. However, when your lawyer is in solo practice, this can be a far greater challenge," he points out.

"If it were me in that situation, I would express my concerns to the lawyer directly, leaving a message, writing a letter, and even arranging for a second opinion with someone else. Just think of what can happen if you are right -- that your lawyer should not be handling your case -- and you do nothing. The consequences could be costly in terms of money, or your freedom."

Dennis Beaver practices law in Bakersfield and welcomes comments and questions from readers, which may be faxed to him at (661)323-7993, or you may E-mail him at lagombeaver@hotmail.com

(July 10, 2008)