By: Stephanie E. Kupferman, Associate Professor of Law, Vermont Law and Graduate School
Colette C. Schmidt, Assistant Director of Career Services, Vermont Law and Graduate School

[Sung to the tune of Carol of the Bells]

Anxiety

Anxiety

Weighing on me

Can’t go to sleep

Mind is racing

Overthinking

Every thought

Can’t turn them off

Think all night long, everything is wrong

So crippling

I’m panicking

Nothing is clear

All things I fear

Caught in a snare

Filled with despair

Oh how it pounds, flying around

Anxiety controlling me

Frantically praying

Mind won’t stop racing

Heart is pounding

Why do I have to feel this way?

Why do I have to feel this way?

On, on it sends, on without end

Anxiety, torturing me

On without end

Anxiety

Torturing me[1]

For many Americans, the holiday season is punctuated by recurring thoughts of panic, anxiety, and even depression.[2] With the daily stressors that lawyers often experience, the effects of the “holiday blues” can be compounding. The refrain above not only often can define the regular life of lawyers but can especially ring true during the holiday season. Lawyers work hard and sacrifice so much to be successful, even during the holidays—from disappointing family and friends by working around-the-clock, to impacting others’ (e.g., other attorneys’ and administrative staff’s) holiday plans to satisfy clients’ year-end goals, to meeting yearly billable hour requirements, and more.[3] Adding holiday stressors to a regularly stress-induced lifestyle can become, for lack of a better term, overwhelming.[4]

Nearly nine out of ten U.S. adults say something causes them stress during the holiday season, according to a poll conducted by the American Psychological Association last year.[5]  That same poll found that 41% of adults said their stress levels increase during the holiday season as compared to other times of the year.[6] A seminal nationwide study of approximately 13,000 lawyers galvanized interest in lawyer well-being when it was published in 2016.[7] That study revealed that 28% of lawyers experienced depression, 19% reported anxiety, 23% reported excessive stress, and 11% even reported suicidal thoughts.[8] Another study conducted by Bloomberg Law in 2021 found that over half of respondents reported attorney burnout.[9] An alarming 67% of attorneys reported currently experiencing anxiety in a 2022 survey conducted by Law.com.[10] Law.com conducted another survey earlier this year, which showed some, but not significant, improvement of mental health issues amongst lawyers and discussed the effects of “old school” expectations in this modern age.[11] What is most important to note with these statistics, however, is that they all merely reflect small samplings of attorneys who are willing to report. It is terrifying to imagine those who are hiding their struggles.

With all of this said, what can one do? First things first: you must identify the problem.  In his article, Self-love for lawyers around the holidays, James G. Robinson lists some of the telltale symptoms of attorney burnout which include, inter alia, physical and mental exhaustion; insomnia; overreacting; irrational emotions; irritation, frustration, and resentment; self-medication/substance use disorder; problems with relationships; client avoidance; moodiness; inflated sense of importance and inability to delegate; and health issues.[12] If you are experiencing any of these symptoms, you may be dealing with burnout.

What comes next? Whether you are suffering from attorney burnout or something else, you should identify your stress-coping style so you can start to formulate a solution. Taking the time to identify 1) the cause of your stress (which may, but might not always, be related to attorney burnout), 2) recognize how you feel when you’re stressed (e.g., floating aimlessly, getting sucked underwater, lost in a maze, etc.), and 3) learn what you do when you are stressed (e.g., do you stress-eat/fail to eat at all, doom-scroll on your phone, etc.) is integral to figuring out how to best deal with your stress.[13] Once you diagnose the problem, you can take steps that work best for you through identifying your favorite type of self-care activity (or activities), other things you find the most uplifting, a non-alcoholic beverage that makes you the happiest, and what might provide you with temporary relief (e.g., getting a kiss from your pup or watching your favorite binge-worthy TV show/movie).[14] If you’re unsure how to identify your stress and what works the best for you, take this quiz from Healthline.

Managing holiday stress starts with planning ahead. Ask yourself the oft-dreaded question: “How do I feel about myself?” especially when the holiday season looms near.[15] Take a deep breath. Diagnose the problem. Is how you’re feeling the result of attorney burnout? Financial insecurity? Lack of sleep, exercise, and/or good nutrition (in that case—take a look at our previous blog posts)? Grief? Figure out how you cope with stress, especially during the holiday season. Create an action plan.  In the words of James G. Robinson, give yourself “the gift of self-love for the holidays” through self-reflection and gratitude.[16] Keep your finances in check. Create a budget that works for you. Do not overspend. Make sure you get enough sleep and exercise. Find some time to reflect on special moments you shared with those no longer with you.[17]

What is a great material “gift of self-love?” Taking the time to read Jamie Jackson Spannhake’s The Lawyer, the Lion & the Laundry (Spannhake, 2019). It’s a quick, three-hour read that can help you find the calm in the chaos that surrounds you. The book is divided into four logical parts. Part I walks you through some mind-mapping exercises to determine what you want out of your life and legal career. Part II gets you organized in creating that life by finding your support network and organizing the way you view and use time. Part III reinforces that “your beliefs become your thoughts, your thoughts become your words, your words become your actions, your actions become your habits, your habits become your values, [and] your values become your destiny.”[18] Part IV helps you turn all the work you put in the plan you create for yourself into action. Jamie’s book gives you a roadmap to creating a fulfilled life without feeling overwhelmed and exhausted.

The holiday season is yet another added stressor that attorneys must face. Please take care of yourself. Put that oxygen mask on first. Not only to be the best attorney you can be, but also the best version you can be of yourself.

 

 

[1] Aaron Downs [@downwithaaron], TikTok (Dec. 19, 2024), https://www.tiktok.com/@downwithaaron/video/7450113667363900702.

[2] One Quarter of Americans Say They Are More Stressed This Holiday Season Than in 2023 Citing Financial Concerns and Missing Loved Ones, Am. Psychiatric Ass’n (Nov. 25, 2024), https://www.psychiatry.org/news-room/news-releases/one-quarter-of-americans-say-they-are-more-stresse.

[3] James Gray Robinson, Self-Love for Lawyers Around the Holidays, ABA Journal (Dec. 1, 2021), https://www.abajournal.com/voice/article/self-love-for-lawyers-around-the-holidays.

[4] Id.

[5] Even a Joyous Holiday Season can Cause Stress for Most Americans, Am. Psychological Ass’n (Nov. 30, 2023), https://www.apa.org/news/press/releases/2023/11/holiday-season-stress.

[6] Id.

[7] Study on Lawyer Impairment, ABA (Jan. 18, 2019), https://www.americanbar.org/groups/lawyer_assistance/research/colap_hazelden_lawyer_study/ (describing the outcome of the study and the impact that it has had on the legal profession).

[8] Patrick Krill, The Prevalence of Substance Use and Other Mental Health Concerns Among American Attorneys, J. of Addiction Med. 10, 46 – 52 (Jan./Feb. 2016).

[9] See generally, 2021 Attorney Workload and Hours Survey Analysis, Bloomberg Law (Mar. 11, 2021), https://assets.bbhub.io/bna/sites/7/2021/05/Lawyer-Satisfaction.pdf (discussing attorney burnout).

[10] See Attorney Wellness and Mental Healthy: A Seldom-Discussed Crisis of the Legal Profession, Herd Law Firm PLLC (Sept. 24, 2024), https://herdlawfirm.com/firm-update/attorney-wellness-and-mental-health-a-seldom-discussed-crisis-of-the-legal-profession/#:~:text=Another%20study%2C%20conducted%20in%202021,being%20declined%20in%20late%202021.

[11] Dan Roe, ‘Old School’ Expectations Plague Young Lawyer Mental Health—But Not All Predecessors Are Sympathetic, ALM | Law.com (May 17, 2024), https://www.law.com/americanlawyer/2024/05/17/old-school-expectations-plague-young-lawyer-mental-health-but-not-all-predecessors-are-sympathetic/.

[12] James Gray Robinson, Self-Love for Lawyers Around the Holidays, ABA Journal (Dec. 1, 2021), https://www.abajournal.com/voice/article/self-love-for-lawyers-around-the-holidays (highlighting a non-exhaustive list of what may constitute “the gift of self-love for the holidays”).

[13] Quiz: What’s Your Stress-Coping Style?, healthline, https://www.healthline.com/health/whats-your-stress-coping-style#9 (last visited Dec. 20, 2024).

[14] Id.

[15] James Gray Robinson, Self-Love for Lawyers Around the Holidays, ABA Journal (Dec. 1, 2021), https://www.abajournal.com/voice/article/self-love-for-lawyers-around-the-holidays.

[16] Id.

[17] 6 Tips for Managing Holiday Stress, healthline, https://www.healthline.com/health/holiday-stress#symptoms (last visited Dec. 20, 2024).

[18] Quote attributed to Mahatma Gandhi; the date and time of this quote does not appear to be readily available.