MAKING THE MOST OUT OF LAW SCHOOL

 Andy Benjamin, J.D., Ph.D.

UW School of Lawgahb54@u.washington.edu

music generously provided by:Professor Paula Lustbader

Seattle University School of Law

Imagine all the people

living life in peace.

You may say I’m a dreamer.

John Lennon

Before Law School Acculturation

new students are quite healthy and happy on arrival

Benjamin, Kazniak, Sales & Shanfield (1986). The role of legal education in producing psychological distress among law students and lawyers. American Bar Foundation Research Journal, 1986, 225-252.

students compare well with undergraduates and new nursing students in measures of well being, emotional health, and healthy (intrinsic) motivation and values

Sheldon and Krieger (2004). Does Legal Education Have Undermining Effects on Law Students?  Evaluating Changes in Values, Motivation and Well-Being,  Behavioral Sciences and Law.

 

The ProblemHuge prevalence rates of psychological and

substance abuse problems; Corroborated by six methodologically sound studies on separate law student/lawyer populations- 30 years of findings remain consistent

Daicoff (1997). Lawyer know thyself: A review of empirical research on Attorney Attributes bearing on professionalism, 46 Am. U. L. Rev., 1337-1427.

annotated bibliography www.abalegalservices.org/colap under Products & Publications

I was bruised and battered;

I couldn’t tell what I felt;

I was unrecognizable

to myself.  

Bruce Springsteen

SymptomsSubscale Law Students > 98th%

Obsessive-Compulsive 19.0%Interpersonal Sensitive 35.3%Depression 23.4%Anxiety 30.4%Paranoid Ideation 12.5%Social Alienation and Isolation 26.6%

Concerns about Alcohol Use 24.0%Benjamin, Kazniak, Sales & Shanfield (1986). The role of legal education in

producing psychological distress among law students and lawyers. American Bar Foundation Research Journal, 1986, 225-252.

There something happening here.

What it is ain’t exactly clear.

Buffalo Springfield

What Happens During Acculturation

Professional schools- extremely invasive exert intense control by purposely influencing the beliefs, values, and personality characteristics of their students

Etzioni, A. (1965). Organizational control structure, in J.G. March, ed., Handbook of Organizations, 650 (Chicago: Rand McNally).

Law school undermines professionalism and health

negates healthy values- intimacy, communitypromotes unhealthy values (external rewards, status, comparative worth)substitutes competition and anxiety, negates healthy motivation (personal enjoyment and values-based effort)habituates students to frustration of fundamental needs (health routines, self-esteem, relatedness, authenticity, security)

Sheldon and Krieger (2004). Does Legal Education Have Undermining Effects on Law Students?  Evaluating Changes in Values, Motivation and Well-Being,  Behavioral Sciences and Law.

 

They’re playing They’re playing

Russian Roulette, Russian Roulette,

with my mind.with my mind.

 Van Morrison

Hey now, all you children,

leave your lights on,

better leave your lights on.

Cause there’s a monster,

living under my bed,

whispering in my ear.

Santana//Everlast

Symptoms of DepressionThe Dysphoric Array:

mixture of anxiety, depression, and hostilitythoughts of killing selffeeling so unhappy that you cannot shake itdissatisfied or bored with most aspects of lifenicotine use (the most efficient anti-dysphoric on the legal market- significant cancer risk attacheddisrupted sleep- never feeling sufficiently restedincreased social isolationlimiting normal exercise patterns

Depression3.6 times more likely than any of the other 104 occupational groups19% incidence rate

Eaton, Anthony, Mandel, Garrison (1990). Occupations and the prevalence of major depressive disorder. Journal of Occupational Medicine, 32(11), 1079-1086.

Benjamin, Darling & Sales (1990). The prevalence of depression, alcohol abuse, and cocaine abuse among United States lawyers. International Journal of Law and Psychiatry, 13(3), 233-246.

I want to run.

I want to hide.

U2

Been

dazed and confused

for so long

its not true.

 

Led Zeppelin

Symptoms of AddictionThe Alcohol/Drug Dependent Array:

managing sleep patterns through using substancesfeeling guilty about your use of alcohol or drugsdrinking or using drugs creates problems between you and your partner, parent, or relativesneglecting your obligations for longer than a day because of negative consequences related to useno memory of time period during useincreasing social isolationlimiting normal exercise patterns

Base Rate Differences- Females

Type of Symptom NP AtsObsessive-Compulsive 2% 15%Depression 14% 16%Anxiety 4% 20%Alcohol Problems 8% 71%Beck, Sales & Benjamin (1996). Lawyer Distress: Alcohol-related

problems and other psychological concerns among a sample of practicing lawyers. Journal of Law and Health, 10, 1-60.

Base Rate Differences- MalesType of Symptom NP AtsObsessive-Compulsive 2% 21%Depression 9% 21%Anxiety 4% 30%Alcohol Problems 20% 67%Beck, Sales & Benjamin (1996). Lawyer Distress: Alcohol-related

problems and other psychological concerns among a sample of practicing lawyers. Journal of Law and Health, 10, 1-60.

Before you

accuse me,

take a look at

yourself. 

Eric Clapton

HostilityHostile/cynical law students 4.19 times more likely to die prematurely due to cardiovascular disease within 30 years

Barefoot, Dodge, Peterson, Dahlstrom & Williams (1989). The Cook-Medley Hostility Scale: Item content and ability to predict survival. 51, 46-57

Beck, Sales & Benjamin (1996). Lawyer Distress: Alcohol-related problems and other psychological concerns among a sample of practicing lawyers. Journal of Law and Health, 10, 1-60.

McCann, B.S., Russo, J., & Benjamin, G.A.H. (1997). Hostility, social support, and perceptions of work. Journal of Occupational Health Psychology, 2, 175-185.

The heat is on, the heat is on, the heat is on,

oh its on the street, the heat is on. 

Glen Frye

Dissatisfaction ABA in 1984, 40% lawyers very satisfied,

but by 1990 this number had dropped to 29% dissatisfaction prevailed everywhere (e.g., partners, managing lawyers, jr. associates, solo/small firm lawyers, government, etc.)regardless of the type of practice or the amount of money a lawyer made

ABA Study ConcludedThe study found links among three concerns: a) pressures of a deteriorating work environment

b) increased levels of distress (e.g., depression, anxiety, stress-induced illness, interpersonal prob, alcohol/drug abuse, and obs/compulsive behavior)

c) decreased ability to cope (e.g., social support, relaxation, exercise, expression of humor, etc.).

American Bar Association (1991). At the breaking point: The report of a national conference on the emerging crisis in the quality of lawyers' health and lives, and its impact on law firms and client services. Chicago: ABA.

 

People gonna talk about

the things you do.

They gonna talk,

be it lie or true.

 Linda Ronstadt

She said don’t give or

sell your soul away,

cause all that

you have

is your

soul.Tracy Chapman

Implications for Disciplinary Problems

27% disciplinary problems and 60% of malpractice complaints alcohol related

Green (1988). Half of Malpractice and Layer discipline complaints stem from substance abuse. Annual Meeting of National Conference of Bar Presidents.

50-75% disc. problems alcohol relatedSpillis (1991). An overview of lawyer assistance programs in the

United States: Report of the ABA Commission on Impaired Attorneys. Chicago: ABA

Association of American Law Schools Committee Report (1994). Report of the AALS Special Committee on Problems of Substance Abuse in Law Schools, Journal of Legal Education, 44, 35.

What you want? Baby I got it.

What you need?

Do you know that I got it?  

All I’m asking is for respect …

Aretha Franklin

TOWARD SOLUTIONSOpenly address the health and

satisfaction problemsbuild student attention by activating group empowermentneutralize damaging effects of silence by ending isolation (faculty and staff open their doors) diminish insecurity by recognizing and validating unique student gifts

I want to get by with a little help from my friends.

I just keep trying with my friends.

I want to get high with my friends.

I just hold on with my friends. 

Joe Cocker

Social SupportRomantic involvement is a stress protector for

females while in law school

Out of law school females remain angrier while males remain more stressed in their primary relationships than NPs

Beck, Sales & Benjamin (1996). Lawyer Distress: Alcohol-related problems and other psychological concerns among a sample of practicing lawyers. Journal of Law and Health, 10, 1-60.

It’s me who is my enemy.

Me who beats me up.

Me who makes the monsters.

Me who strips my confidence.

Cole

TOWARD SOLUTIONSStudent objectives

Solid sleep, eating, exercising patterns Strong social supportKnowledge of signal emotional states- results in activation of wellness behaviorsBalance struck in all areas of lifeAny of four conditions above absent, seek assistance for Sandra, SBA, Mentors

I’ll tell you one thing.

If you would leave

it’d be a

crying shame.

Santana/Thomas

TOWARD SOLUTIONSMinimize (unnecessary) excessive stress

eliminate habitual overworkabandon zero-sum competitive “need to win” paradigm, which creates perception of failure for many previously successful studentsbuild skills at collaboration and legal counseling

Sheldon and Krieger (2004). Does Legal Education Have Undermining Effects on Law Students?  Evaluating Changes in Values, Motivation and Well-Being,  Behavioral Sciences and Law.

 

I feel good.

I knew that I would now.

I feel good.

I knew that I would now, so good, so good …

 James Brown

I’m going to get up and

make my life shine.

I’m going to get up and

make my life shine.

I’ve made up my mind…

Scaggs