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Torts, Trials and ... Treatments

January 4, 2007

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Think student health services and what comes to mind? Most likely an office on an undergraduate campus that primarily caters to 19, 20 and 21 year olds. 

Students in professional schools are often overlooked as candidates to partake in self-destructive behavior. Take law students. They are, as a whole, high achievers who have passed a series of academic and life tests. 

But a panel of health professionals, professors and law school administrators said the mixture of lofty expectations and a high-stress environment for these students is a formula for a potential breakdown.

In a session titled "High risk/high stakes student problems: New approaches inside and outside the classroom for addressing substance abuse, gambling and other self-destructive student behaviors," panelists at the Association of American Law Schools' annual conference urged administrators to consider their students' mental health and inform them about available resources. 

Many of the vices mentioned during the session -- binge drinking, drug abuse and Internet gambling -- are just as likely to be issues on undergraduate campuses as they are at law schools. So what makes the circumstances different for 1Ls? The environment tends to be less nurturing and more cut-throat, speakers said.

“Law school is a truly toxic experience for a large number of people,” said Robert P. Schuwerk, a professor of law at the University of Houston Law Center. “Put in one place a group of type-A-personality students who want to finish first and it can be an isolating experience.”

That's why the American Bar Association, more than a year ago, published a text, “Substance Abuse in Law Schools: A Tool Kit for Law School Administrators,” that is intended to be a resource guide. (The AALS has had for more than 15 years a special committee on problems of substance abuse, whose recommendations are detailed in the tool kit.)

The ABA report argues that the quality of the legal profession is affected by lawyers who "are impaired as a result of abuse of alcohol and drugs." One of the co-authors who spoke at Wednesday's meeting in Washington, Cal Baker, is a recent law school graduate and director of a company that provides chemical dependency treatments.

Baker, a recovering alcoholic, said alcohol and drug abuse are the two top problems he sees among law students. (Other panelists said students often report depression and extreme anxiety, as well as substance abuse issues. ) He said he would have been unable to recover from his condition while in school, because nearly all the planned social activities were centered around bar nights.

One of the largest hurdles, Baker said, is convincing students that admitting their drinking problems won't lead to disciplinary action. Many who have previous alcohol-related citations are concerned about their professional futures.

“Most students would rather die of their condition than disclose it and risk being reported to the [state] bar [association],” Schuwerk said. “You have to convince students that bringing up their issues is better than risking no treatment at all."

Baker said that can be a hard sell. That's why he developed a "law school anonymous" group at his former institution -- though he said only a few students participated.  

Panelists plugged another resource, Lawyers Concerned for Lawyers, a Massachusetts-based group that counsels lawyers on their personal and professional lives. Barbara Bowe, a social worker who serves on the group's staff, said she works with deans and other officials to link students with other licensed health professionals.    

Bowe said she has found that the highest-risk students are those who come directly from an undergraduate institution, those who were stars in college and those who are enrolled merely to avoid employment.  

“It’s amazing how often I hear, ‘I was good in English, people told me I argued well and I like to read,' ” Bowe said.

In an article published in a Texas law review, Schuwerk said that professors who teach personal and professional ethics courses should incorporate into their syllabuses conversations with students about why they are enrolled and what their "greatest fears" are about law school.

Schuwerk said law school faculty have a reputation for concentrating most of their attention on the students who are thriving. He wants more to consider the others.

Baker, the law school graduate, said schools need to develop clear policies on how to handle students who seek personal help. A law school administrator from Mississippi said his institution requires that admitted students with documented problems have a meeting with a counselor before starting classes.

Panelists praised that program but said such troubleshooting is still too rare.

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Comments on Torts, Trials and ... Treatments

  • Better education would help
  • Posted by William Sumner Scott, J.D. on January 4, 2007 at 8:50am EST
  • If law students had pre-law courses to prepare for their law school training, their mental health would improve because they would be competent to serve the public.

    William Sumner Scott, J.D.

    wss@jefound.org

    http://jefound.org

  • Not going to happen
  • Posted by Larry on January 4, 2007 at 8:50am EST
  • For better or worse, law schools don’t care. Here is why: in the real world of law school, and outside lawyers are not coddled. Nobody cares about your drug, sex, gambling, or booze problem. So long as you do well for your clients, you could spend all night with crack whores.

    Moreover, since lawyers are usually not under the kind of police surveillance that poor people or college students are, rarely do they get caught, especially if they take cabs to and from work.

    Another part of the problem is that law students have big egos. A student that thinks that they are “good in English” statically will not do well in law school. Why? Because most undergrads that go to graduate school are “told” they are smart. They have never been objectively pit against their fellow class members. But, in the real world, we don’t compete for generic accolades. We compete against each other. This is a shock for most coddled undergrads, and, they take to drinking.

    Not all law students are high achievers. Lower-achieving law students go to lower-ranked schools where, ironically the pressures are higher. A lower grade curve (which sometimes means that a set percentage will fail out or quit), puts them under greater pressure than students at better law schools. This is not disclosed in their literature. But, what counts is the results: did the student get into a well-regarded school, or did they climb up above the lower-ranked students at a lesser-regarded schools. (It doesn’t matter whether the schools are objectively better or worse. What matters is perception. Unfortunately, this feeds in on itself as faculty at lesser-ranked law schools don’t like the students, and don’t really care to help them shine out. Often faculty at lesser schools think “encouraging” a student is to encourage them to transfer to a “real” school.)

    The solution, as I see it, for all law schools to honestly tell students before they begin what is expected of them. “Better” law schools will admit that they teach what “lesser” law schools teach, and that everyone gets a job. “Lesser” law schools will admit that the faculty will hate them, and that most of them will not get the jobs they want, because they cater to students that could not manifest high LSAT scores or schmooze their way to high GPAs. This way, students would not be disappointed, and would understand where they stand.

    There is one other problem: seeking professional help may jeopardize a student’s chances for admission to the bar. Depending on the nature of the help, many states consider it an indicia of bad character. Law schools need to warn people of this danger, and, if possible, campaign so that students need NEVER disclose this help to anyone. But, nobody is going to do this, because state bars don’t want the kind of people that drink and whine about it to a therapist practicing in their state.

  • law school
  • Posted by P on January 4, 2007 at 10:30am EST
  • Larry: You sound frustrated and angry about the lack of support among and for members of the bar. I don't know where you practice, but some states like North Carolina are working hard to address emotional health issues for law students and lawyers. A new cutting edge law school, Elon School of Law, is focusing on training and shaping good people first, and lawyers, second. Many state bars have confidential programs largely staffed by volunteer lawyers who want to support their colleagues who are dealing with difficult professional, family or emotional issues. I hope you will research the resources available to you in your state, and find some peace.

  • Can't believe it ..
  • Posted by B.D. on January 4, 2007 at 12:25pm EST
  • I'm supporting ol' Lar ..

    As for this .. " .. to address emotional health issues for law students and lawyers. A new cutting edge law school, Elon School of Law, is focusing on .."

    Yeah, well, we'll see, when Elon *actually* graduates students.

    And Elon's bar exam-pass rates are posted. That's the proof of the pudding, isn't it? Why go to law school, otherwise? That's Law School 101. I mean, really ..

    This topic has been reviewed in legal education journals for decades, as well as MD-education journals. Still the same, and probably always will be.

    The professions expect and demand performance. Anything else is professionally unacceptable.

    If one finds law school/med school/etc. to be painful -- leave. If one is unhappy in school -- what does one think it will be like in professional practice? Easier? Please ..

    Ditto for those in the profession. If one is unhappy -- take a leave. Think it over. Then act in one's interest -- no one else's.

    It has been widely reported, many lawyers in practice would like to leave. Isn't that is up to them -- not society?

    As for MDs who are unhappy -- I'm reminded of my knee surgeon who'd like to be a full-time cowboy. Yes -- earning $300,000-plus/year is painful. But someone has to do it, right?

    All yours, Lar.

  • Posted by kgotthardt on January 4, 2007 at 12:25pm EST
  • No matter how much they might hide it, lawyers are people, too, huh?

    Studying law would be fascinating, but according to your description, Larry, it's about the last place on the planet I would enjoy. You compete against each other? What about just achieving your personal best?

  • Drunked JDs
  • Posted by Kenneth Graham , Professor of Law at UCLA Law School on January 4, 2007 at 12:25pm EST
  • One minor cause of lawyer alcohol abuse: most law school social functions revolve around booze. At UCLA the Student Bar Association runs a weekly "Bar Review" at local bars where students can gather to partake of alcohol. I assume the same is true at other schools. Faculty and administrators don't want to be seen as party-poopers so the practice continues.

  • Posted by miracatta on January 4, 2007 at 12:25pm EST
  • Law schools taking students' money have a moral obligation to realistically describe the tough, stressful business of law to entering students.
    Many students think practicing law is like what they see on TV. A TV show called "Document Production Deadline", or "1800 Billables a Month" might open a few eyes.

  • responses
  • Posted by Larry on January 4, 2007 at 12:50pm EST
  • P, Every law school claims to be “cutting edge.” But, the nature of legal education shuns experimentation. The fact is that nobody wants to hire a graduate from a low- or unranked school (like Elon) that didn’t go through the same process that other lawyers did. Law schools need to prove themselves in terms of other law schools, and cutting one’s own path is just not possible at the bottom ranks. (I did not realize that Elon had not graduated a single class. If this is so, then your claims about Elon are quite suspect. There is absolutely no indication that Elon grads have even minimal levels of competence, nevermind the levels of competence that people expect in lawyers.)

    Actually, I am not bitter. I think law school made me a better person, because I have a lot of insights into the way people – even educated ones – behave under extreme pressure.

    Also, NC is not the only state that claims to “work hard” to address emotional problems. Without exception, all of these programs are next to worthless, because 1) lawyers will generally not seek help, because it is a sign of weakness; and 2) the people that run them are overly paternalistic.

    There is no way in a million years that I would accept help from a lawyer that proposes to “help” me admit that I am weak. (Likewise, no member of my family would attend an unranked school like you propose). Luckily, I don’t need help, and I am not weak. Why? Once you gain a certain amount of competence in a field, and you have a steady job, you don’t feel self-doubt. Go to Oyez.com. Download some Supreme Court oral arguments. Do you really think that the advocates or justices feel self-doubt. No. They, through years of painful work developed a knowledge of the law that makes them act with confidence. This goes for lawyers for the government, ACLU, criminal defendant, or any private litigant, and it explains why people just off the street, or out of college have to sit in the back. Sure, these people might have strong feelings about the way they want the law to be, but when it comes to squaring them with the existing state of the law, they simply lack the substance and confidence to discuss it.

    Law students, for better or worse, are submerged in self-doubt, because, by definition, they know less than others.

    Finally, as BD said (sort of): if you can’t stand the heat, get out of the kitchen. (Though I think that schools should tell people how hot it is before they start, as Miracatta alludes.)

    Mr. Graham, Do you really think that faculty can prevent students (who are adults) from drinking.

    Kgotthardt, Sure, studying law in a vague sense, curled up at night with your favorite, easily-accessible book is fun. But it doesn’t make you a good or competent lawyer. While most lawyers do want to achieved their personal best, that is inadequate for law school, with its curved grades. You need to do better than others, or go to a school with a high curve, which tolerates more mediocrity. Also, doing one’s personal best, in many cases is called “malpractice” or “ineffective assistance of counsel.” Nobody rotting in jail is happy that his lawyer did his “personal best.” T’is the way of the world.

  • Posted by Al on January 4, 2007 at 2:20pm EST
  • >>Studying law would be fascinating, but according to your description, Larry, it’s about the last place on the planet I would enjoy.

    Much of the pressure in law school is self-imposed, as a result of personality and/or the real or perceived need to do well in order to get a job (and pay off massive student loans). I remember a number of students when I was in law school who already had careers (many retired or semi-retired doctors, accountants, and business types) or who had jobs already lined up with the family business. On average, they seemed alot more relaxed and happier than the rest of us.

  • chicken or the egg
  • Posted by Larry on January 4, 2007 at 5:05pm EST
  • Al, Thanks for the comments. As to whether pressure is self-imposed or a product of the surrounding environs, I have a hard time telling. For instance, does pressure to do well in a class come from the fact that there are a limited number of As? Or does it come from the fact that students WANT the As? I know that I wanted good grades, to prove to myself (and my family) that I could get them. But, since even at my school there were a limited number of As, I could blame the school for it.

  • That movie's already been made
  • Posted by B.D. on January 4, 2007 at 5:40pm EST
  • " .. Many students think practicing law is like what they see on TV .."

    The classic law school movie, with the late John Houseman, shown at a million law school receptions --

    http://imdb.com/title/tt0070509/

  • Uh, Where's the beef?
  • Posted by Patrick Mattimore , Teacher on January 4, 2007 at 5:41pm EST
  • Here's another great example of a solution in search of a problem. Before we jump in and assume that there is some "truly toxic environment" that pervades our law schools, shouldn't we at least have some statistics? Lots of great anecdotes in this story and darn near zero facts...

  • no, the movie has NOT been made
  • Posted by miracatta on January 5, 2007 at 5:40am EST
  • I meant the one about how a key piece of evidence inadvertently gets revealed and loses the case, and the client knows it. Hopefully your years in law school have helped provide the nerves of steel you are going to need.
    Also...the reason law students compete against each other is because their future clients are called something else: plaintiffs and defendants.

  • Again: Journal of Legal Education
  • Posted by B.D. on January 5, 2007 at 5:46am EST
  • " .. Before we jump in and assume that there is some “truly toxic environment” that pervades .."

    Helps to read previous posts ..

    " .. This topic has been reviewed in legal education journals for decades, as well as MD-education journals .."

    Required: search Journal of Legal Education (published by Association of American Law Schools) --

    http://www.law.georgetown.edu/jle/

    Then report back with 20-page paper. Due in 24 hours.

  • Posted by Larry on January 6, 2007 at 5:50pm EST
  • It just dawned of my why this idea of making law school kinder and gentler is stupid.

    This morning, I spent several delightful hours visiting an incarcerated client of mine. (And a few hours traveling to a wonderful, yet hellish prison.) He has been put there because of democratically chosen statutes, and the actions of several lawyers who chose to play a certain role in the “war on drugs” or “justice.” Even if I fail miserably in my representation of him, he will, at some point be leaving prison.

    Alas, prison has not provided him with much rehabilitation. Looking though various files, I get the idea that he was a much better person when he went into the prison then he is now. Not only did he not choose to go to prison, but prison has been quite mentally and physically challenging. As bad as law school is, most law schools that I know of, don’t have a real threat of violence from guards or other prisoners.

    Strangely, the first thing that some lawyers can think of when trying to improve our system of justice is improving law schools? What the hell are these people thinking about? People choose to go to law school. When they come out they will be better people (if only because their earning potential and skill set is higher). Perhaps if all this energy spent on bettering a few law students was spent trying to make sure that people in prison don’t become worse for the experience there might be a bit more justice.

  • Posted by David , Healthy approach on January 7, 2007 at 10:30am EST
  • More and more students are going to college with mental health concerns. Institutions must provide resources. Perhaps more so in programs that are "high pressured" fields.

    When it comes to alcohol use, if one keeps his or her Blood Alcohol Concentration (BAC) at .05 and below you will have a good time, have a slight buzz, not have a hangover and redue the risk of developing alcohol and other drug concerns in the future. In some states (New York) you still should not drive, then again if you have more than one drink, you should not drive or better yet if are driving don't drink at all (take a cab, walk, designate a driver)why run the risk? Most students are responsibel when it comes to alcohol.

    Most student are not aware of this information and perhaps law schools and other graduate programs should provide the prevention resources that Harvard has decided to do for some graduate programs.

  • David's approach
  • Posted by Larry on January 7, 2007 at 3:40pm EST
  • David, If you drink as an undergrad, you really are not serious about learning, and should never have started in the first place.

    Yes. More kids think they have mental health problems, because their parents tell them that it is acceptable to show weakness in this way. This is not a good thing. Being strong and dealing with your own problems is what I, and probably most of the real world expects of people.

    Finally, let met tell you this much. Nobody cares about excuses. Do you really think that clients mind being sent to jail for life because you were too wrapped up in your own mental problems to competently represent them? Do you think people mind losing money because you were busy telling your shink all their conferences?

    Quite frankly, I do my best to avoid the “mental health” crowd, because I just don’t trust them. They are just not trustworthy and reliable. Maybe outside the legal professor there is some role for these people, but I really can’t think of one off the top of my head.