A lawyer’s well-being is a significant component of their ability to successfully practice law. Our well-being can be thought of as a continuous process in which we seek to thrive in each dimension of our lives — emotionally, occupationally, intellectually, spiritually, physically and socially. Social science research emphasizes that our well-being is neither defined by the absence of dysfunction or illness, nor is it defined by feel- ing happy or a state of wellness. Well-being is a broader, multidimensional concept, which involves meaningful engagement and fulfillment in our lives and relationships, much of which is premised upon our physical and mental health.

But too many lawyers are struggling. Many of us are mired in a legal culture that largely discourages help-seeking behavior and healthy lifestyles, resulting in physical and mental health issues, untreated addiction and, in some cases, disciplinary issues.

The crisis of lawyer well-being is a call to action to the legal community because too many lawyers are suffering and the impact on the public is too great for the profession to ignore. The scientific evidence makes clear that lawyer well-being can significantly improve lawyers’ performance and resilience. As such, not only do we need to take action because it is the right thing to do, but because it is good for our clients, our business, and our overall health.

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In 2017, the National Task Force on Lawyer Well-Being (originally formed as a grassroots collective of various national organizations, including the American Bar Association) published its groundbreaking report: The Path to Lawyer Well-Being: Practical Recommendations for Positive Change. The recommendations of the National Task Force focused on five central themes: 1. identifying stakeholders and the role each of us can play in reducing the level of toxicity in the profession; 2. eliminating the stigma associated with help-seeking behaviors; 3. emphasizing that well-being is an indispensable part of a lawyer’s duty of competence; 4. educating lawyers, judges and law students on lawyer well-being issues; and 5. taking small, incremental steps to change how law is practiced and how lawyers are regulated to instill greater well-being in the profession. The National Task Force recommended that each state implement a commission on well-being to study these issues and execute its own action plan.

In response, the Massachusetts Supreme Judicial Court established a Steering Committee on Lawyer Well-Being in 2018, which included stakeholders from diverse areas within the profession. In its report issued in July of 2019, the Steering Committee echoed the Task Force’s report with its finding that the well-being of lawyers in Massachusetts is in a seriously troubled state, with major challenges stemming from the stigma associated with help-seeking behaviors; the pace of work and lack of boundaries imposed by 24/7 technology; financial pressures; court deadlines and dynamics; lack of diversity, equity and inclusion; isolation; secondary trauma; and incivility.

The Steering Committee made a number of recommendations to the various stakeholders in the Massachusetts legal community aimed at creating significant positive change in attorney well-being. Among them, the SJC has already created a permanent Standing Committee on Lawyer Well-Being, which is now staffed by a full-time director and fellow, and is already providing valuable resources for lawyers and recommending systemic changes to the legal profession to promote individual and collective well-being.

The Steering Committee also recommended that the various Massachusetts bar associations take actions to address the well-being crisis, among them:

• promote and support diversity, equity and inclusion initiatives;

• provide well-being education to lawyers and law students, and incorporate the topic into other

  programming;

• initiate and host bench-bar discussions; and

• review and assess efforts for effectiveness.

*The Steering Committee’s Report is available at https://www.mass.gov/doc/supreme-judicial-court-steering- committee-on-lawyer-well-being-report-to-the-justices/download.

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All bar associations play a key role in helping lawyers attain greater success in achieving a healthy, positive and productive balance of work, personal life, and health. To best support bar associations in serving this important role, the Massachusetts Bar Association’s Lawyer Well-Being Committee has collaborated with the SJC Standing Committee on Lawyer Well-Being to bring you this toolkit of resources.

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The Standing Committee has already issued its own DEI Statement (available at https:// lawyerwellbeingma.org/dei-statement), which explains why the Standing Committee believes DEI advocacy is an essential component of advocating for lawyer well-being. Importantly, this DEI Statement notes that attorneys from systemically oppressed populations “encounter countless barriers to entry, confront structural challenges to success, and must navigate daily micro- and macro- aggressions regarding their identities in the legal profession that are not faced by those outside these groups.” The MBA Lawyer Well-Being Committee agrees completely with this and the remainder of the Standing Committee’s DEI Statement. Therefore, this toolkit includes resources to increase diversity, promote organizational and professional equity, and move toward creating inclusive cultures in the various Massachusetts bar associations.

The Standing Committee provides DEI-related resources, here.

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Conduct regular well-being surveys and collect demographic data on members, both to understand the issues faced by the members and to promote diversity in each bar association’s membership.

1. Provide standalone educational programs on well-being topics and introduce well-being into other programs and conferences.

2. Provide educational materials and resources to support well-being accessible to all members through emails, website and/or newsletters.

3. Train bar association staff in cultural competency, inclusive leadership, familiarity with internal and external well-being resources, and how to make referrals when appropriate (e.g., to Lawyers Concerned for Lawyers and the Law Office Management Assistance Program).

4. Develop diverse, equitable and inclusive mentorship programs and incorporate well-being into mentoring projects.

5. Launch a well-being committee or task force, appoint a staff member to direct well-being efforts, and/or assign a board member to direct well-being efforts as appropriate.

6. De-emphasize alcohol at social events and consider events that have an alternative focus.

7. Seek ways to bring members together to create community, to discuss well-being-related topics, and to share lived experiences.

8. Integrate well-being topics and initiatives into all committee work (well-being efforts should not operate in a silo).

9. Provide specific education around DEI and why these concepts are important to well-being.

10. Integrate diversity, equity and inclusion efforts into well-being efforts and collaborate with bar association DEI committees.

11. Integrate well-being into meetings (e.g., add well-being as a permanent agenda item, encourage walking meetings, take breaks during long meetings, start with a mindful pause, incorporate opportunities for positive feedback and gratitude).

12. Invite and encourage members of affinity bar associations and systemically oppressed communities to participate in and pres- ent on topics at bar association panels and programs, including those relating to DEI and well-being, and consider options that could mitigate the economic barriers for them to attend or partici- pate in such programs.

13. Host bench-bar discussions with a focus on increasing the well-being of all stakeholders in the administration of justice.

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List of Example Programs Conducted by Bar Associations

Tea Time Tuesdays - Hampden County Bar

Addressing Addiction, Stigma and Recovery in the Legal Community - Mass Bar Association & Boston Bar Association

The Resilient Lawyer Series - Mass Bar Association

Addressing Vicarious Trauma: Practical Skills and Planning - Boston Bar Association

Upstander Advocacy in the Legal Profession - MBA, BBA, Women’s Bar Association, New England Muslim Bar Association, HNBA Region I, Mass Black Lawyers Association, Mass Black Women Attorneys, Mass LGBTQ Bar

Well-Being Round Table for Legal Aid Attorneys During COVID-19 - Boston Bar Association

Amplifying Unheard Voices (Black Male Perspective; Black Female Perspective; Black and Latino Users of Mass Courts; and Trans and Gender Nonconforming Attorneys, Organizers and Advocates of Color) - Boston Bar Association

Work and Well Being in the Legal Profession - Bristol County Bar Advocates

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The SJC Well-Being Report emphasized the importance of bench-bar discussions in working toward the improved well-being of all stakeholders within the profession. Noting the complexity of issues surrounding court deadlines and courtroom dynamics, which are among the most significant challenges faced by lawyers, the SJC Steering Committee on Lawyer Well-Being noted that these challenges call for bench-bar discussions, rather than specific changes in policies or procedure. (SJC Steering Committee Report, p. 12, n. 26). The Steering Committee also specifically recommended that bar associations:

“initiate and host discussions throughout the Commonwealth in which judges, court staff and lawyers can listen to each other and discuss how actions or inactions of each group can positively and negatively affect the well-being of members of other groups. Such discussions should include, but by no means be limited to, issues such as lawyers’ concerns about how their lack of control over their court schedules affects their well-being.” (SJC Steering Committee Report, p. 26)

Regular bench-bar communications will increase the well-being of lawyers, judges and court personnel, in addition to improving the administration of justice for all who seek it.

BEST PRACTICES FOR CONDUCTING BENCH-BAR DISCUSSIONS

• Discussions should ideally take place within each court of each county and may be best initiated by
  the respective county bar association. Such discussions should take place at least biannually. Invitees should include lawyers who practice in the respective court, including lawyers representing marginalized communities, along with judges and court personnel.

• To promote diverse attendance at such meetings, organizers should specifically inform the MBA DEI Standing Committee, the Boston Bar Association DEI Section Steering Committee, and each of the Massachusetts affinity bar associations about these meetings and when they are scheduled to occur.

• Such discussions should be free of charge to all participants, so as to encourage greater participation and foster inclusion.

• Discussions should be moderated and focused on a civil discussion of challenges faced by lawyers, court personnel and judges, with a view toward crafting solutions.

• In addition to court-wide bench-bar discussions, all bar associations are encouraged to initiate issue-driven bench-bar discussions, which may focus on issues of particular concern to their respective membership.

• All bench-bar discussions should be premised upon the values of civility, diversity, equity and inclusion.

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GENERAL WELL-BEING

DIVERSITY, EQUITY & INCLUSION

MINDFULNESS & MEDITATION

MENTAL HEALTH & ADDICTION

RESEARCH, REPORTS AND NEWS ON WELL-BEING IN THE LEGAL PROFESSION

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