Balancing the Bar

Happiness and the Practice of Law


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CNN is Calling you can’t be sick

I have suffered with the flu since January 3, 2014. It has been no fun. However, during my illness something amazing happened. CNN decided to do a story about Lawyer Suicides. My friend Daniel Lukasik at http://www.lawyerswithdepression.com called my office and said basically “where’s Tabitha CNN is coming to Cincinnati and wants to interview her about Ken Jameson and the work of the Cincinnati Bar Association’s Health & Well-being Committee. My paralegal calls me at home, wakes me up and says “CNN is calling you can’t be sick”. At first I accused her playing a prank but it turned out to be true. I really couldn’t be sick that day.

On January 9, 2014, I was interviewed and spent a lovely 2+ hours with Rosa Flores, Correspondent and Rose Arce, Producer and of course, Leon the camera man. I was so excited to see them do a piece about the industries dark side — Depression and Suicide. My colleague Ken’s death had spurred me to work on Health & Well Being issues and the work has grown more rewarding every month.

In January 2013, I left the firm where Ken & I were both partners and started my own law practice. In the last year, my life has been exhausting and exhilarating and that means this blog among other things has taken a back burner. I have still been working on these issues just doing so in other forums ( CBA Report Articles, CLE presentations and etc.). Lots of good things continue to happen in Cincinnati and I will start sharing those on this blog again soon.

Tomorrow CNN will run the segment on Lawyer Suicides during their 11 am news program. “Legal View”. I have had lots of contact with them since they left my office. They have been just amazing. Professional, courteous and really interested in learning about Ken, his family, the Health and Well Being Committee and helping raise money for the Kenneth D. Jameson Health & Well Being Fund at the Cincinnati Bar Foundation. There will also be an online article of greater length. I will post links as I get them.

I owe this all of course to Dan Lukasik. What an amazing colleague and friend. He got my name to CNN and well he told me to rise up out of bed and seize the moment. I hope the segment includes some information about his Website and the gift he gives to other lawyers by talking of his own struggle with depression.

That’s it for now. I am back blogging and updating the work of the committee and etc on this site. It feels good to do so and introduce this CNN story at the same time.

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Balanced Living Lecture Series from the Cincinnati Bar Association’s Health and Well-being Committee

The Cincinnati Bar Association’s Health and Well-being Committee has launched a new lecture series to address Health and Well-Being issues faced by lawyers and law students. The Committee developed the program to provide much-needed information on overall mental and physical health. A healthy mind and a healthy body are essential to the long-term happiness of practicing lawyers.

Too much stress is a central issue for lawyers today.   Stress, however, can be both positive and negative.  Stress can be the fuel that drives the success of many in our industry. The thrill of winning a trial or getting a superb result for a client keeps many of us going. However, with all the thrills there is the mundane nature of what we do, the client demands, the struggle to make billable hour requirements and for solos the struggle to make enough money to keep our business going. And, for many of us, its is hard to turn off our bodies natural stress response and relax into the natural flow of our work and life.

Being an attorney and learning how to harness our stress in a positive way is something we should all be interested in. In the Inaugural lecture of the Balanced Living Series we will hear from an expert on performance enhancing stress. The topic of the first lecture is Under Pressure? How to Survive and Thrive Amidst Stress and Life’s Other Realities and will be presented by Ohio State University Assistant Football Coach and Cincinnati native Kerry Coombs.   Mr. Coombs is a 30 year coaching veteran who will discuss adopting the proper mindset in a pressure-filled environment to turn stress into a motivator and help enhance you performance as a lawyer and find satisfaction and reward in your daily routine.  Lawyer’s at all career levels will find something interesting and/or  inspiring.

 
 The event is free to CBA Members and only $10.00 for non members.  If you are interested you can register here.  Be sure to login in the CBA webpage in order to register as a member.  You can also email Dimity Orlet at dvorlet@cincybar.org.    The event is being underwritten by the Cincinnati Bar Foundation’s  Kenneth D. Jameson Health and Well-being Fund which was established in May of 2012 to promote the work of the Committee and to foster a better understanding of the mental health issues unique to practicing attorneys.


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A new direction for the New Year- Hochscheid & Associates, LLC is born.

Sometimes we all have to make a decision about whether a situation is working for us or not. Sometimes the the location of  our practice works and often times it doesn’t  I have been away from my blog for a while reassessing my practice, its costs and its benefits. I enjoy my clients and many of them are very loyal and some are good friends. I was recently faced with a difficult choice about what practice location. At 43, you have to look at the longevity of your career differently than you do at 60. Most of the people around me on a daily basis don’t see life, the practice of law or frankly the business of law the same as I. I guess that makes me the odd man (woman) out. As I see it, I am an innovator, a rebel, a visionary and more importantly a reformer.

Part of the process of deciding what to do next with my practice has left me searching for a better fit – for a place where I can be myself both the lawyer and the person. I did a lot of soul searching and came to a very difficult decision which I am sure is going to bring my work and personal life in better balance. I am starting my own practice. In fact, today I officially became Hochscheid & Associates, LLC with the Ohio Secretary of State. Most of my clients are super supportive and I am grateful for their support. Some are not making the move with me and to them I wish them luck. It was a pleasure to represent you and you will be able to call on me when you need me in the future.

As part of the process of figuring out my business direction, I embraced the idea of impermanence. In Buddhism, you often read about impermanence. All of life is impermanent the Buddhist texts say. Perhaps that is why so many people cling to the idea of being lawyers, being in a firm or having clients they are striving for permanence. Clinging or grasping is a huge part of being a lawyer for sure. I have never seen so many miserable people cling to so many trappings of success. I have clung to these things for a long time. Detaching from the idea that I must have certain things to be a lawyer or certain clients has been a big part of the process of making this change for me.

The last several years have shown me, nothing is permanent. Clients come and go, partners leave firms, associates move on, people get ill and sometimes people even get depressed and kill themselves. We are all just trying to make it in this world. Trying to make a living and live a life. Often times we are too busy doing one to actually live the other. I am not one of those people. I am not in this profession solely for money or glory. I want to work and play and I want to do it for myself. It is time to be alone, to fly solo, and starting February 1, 2013 you can find me at the following address if you need me:

Hochscheid & Associates, LLC
810 Sycamore Street; Suite 420
Cincinnati, OH 45202
513-338-1818 phone
http://www.hochscheidlaw.com
tmh@hochscheidlaw.com


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Friday’s Weekly Gratitude Post – October 12, 2012

As I posted last week, I intend to post a list of things I am grateful for weekly. This is my first post and this week was a rocky one.  A lot of deadline pressure at the office, a broken a/c unit, preparation of my 2011 tax return, and well just way to much to do and not much time.   Doesn’t sound like there was much to be grateful for but in reality there were many things to be grateful for so here is a list:

My marriage – my husband celebrated 15 years of marriage on the 11th.  It is great to look back and think of how far we have come together and what a good friendship and marriage we have.

Volunteer activities –  I attended my first South West Ohio Mental Health Advocacy Coalition meeting.  It was my first meeting and I was the only attorney there.  It is interesting to view the issue of mental health with non attorneys it gives me perspective on the issues from a sociological perspective. And it is nice to try to find ways to bridge the divide between the legal community and the mental health community.

My partners and co-workers They help me stay balanced and are there to listen when I am having a bad days.  All lawyers need support.  One of the great things about being in a law firm is that you can find someone to commiserate with, to run something by or to share a funny story with.  Stress can be managed better with help.  It is something the legal community forgets.  We all have similar stresses and issues no one is an island.

Mental Health days – Today, I stayed home and took what I call a mental health day. The reasons were many but the core of my issue was need peace, quiet and calm to get a few things that were behind done. So, I stayed home used remote access and motored through a lot of work.  I called it a mental health day because I could spend the day with my cats, focusing on a few specific tasks and not get overwhelmed by work accumulating in my office.  I am always grateful for having a busy law practice, for having clients that depend on and value my work, but sometimes you have to change the scenery to be productive.   This means working when and where you can best focus.

Some great things to be grateful for.  A good week, a welcome celebration of my marriage and a less chaotic end to the week.  Now I am ready for a weekend of fun and relaxation.


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Depression from the Outside – Dealing with depressed colleagues

“You never really understand a person until you consider things from his point of view – until you climb into his skin and walk around in it.”  Atticus Finch from To Kill a Mockingbird by Harper Lee

Do you think a coworker, a family member or a friend is depressed?  Is there anyway to be sure? What are the signs?  Do you realize there is a depression issue but can’t make sense of it?  Perhaps, you just want to be able to grab the other person and shake them until they stop behaving in such a strange way.  If there were only easy questions with straight forward answers to the issue of depression and  its causes then there would be no need to write and discuss it.  

There are many myths about depression.  The reasons many myths exist is that people without depression, or people viewing depression from the outside, try to make sense of an illness which is  personal and hard to understand for the sufferer himself not to mention the outsider.   Unless, you have lived with someone who is depressed, or have had mental issue yourself you can’t possible hope to understand a depressed persons point of view.  Here are a few statements I have heard others say about depression and or about discussing depression.

  •  Depression is a sign of weakness. 
  • It his personality type that makes him depressed.  I don’t have his personality so I am never going to have that issue.
  • Stress management can cure depression.  It’s just stress.
  • Medication for depression is dangerous it can cause you to commit suicide
  • There is nothing wrong with him he just needs to man up or man out.
  • Discussing depression and mental illness in the legal profession is well depressing, a downer or etc.
  • We can just kick the can down the road and the issue will resolve itself.
  • Just snap out of it – you can decide to stop being depressed. 
  • If I have faith and do everything right, I will succeed and stop feeling this way.

I confess, I have had some of these thoughts in the past.  To be honest, we all can get frustrated when a family member or friend is depressed.  We feel helpless.  Our non-depressed brain starts to: a) tell us how we are different and,  b) tell us what the other person should be able to do to fix the depression; or c) just denies the obvious  – that the person is struggling.   Depression can defy logic and for  lawyers especially it is hard to comprehend and therefore, cannot be fixed.  So, the track most normally followed is  don’t deal with it and it will go away.  So, to bust some of these myths and  help others in my profession understand the illness I have some truths about depression to share.

The Truisms of Depression.

Depression symptoms differ depending on the individual.  In other words, some people are paralyzed by the illness while others still work, but are not as productive.  In addition, depression can vary in strength. Some people have debilitating, can’t get out of bed, depression while others come to work unable to focus, but still show up and tell those around them that they are fine.  There is no predictor of how a person will behave.  You as a supervisor, partner, and friend have to be open to the effects of depression on the person suffering in order to understand how to help.

People with depression can be very strong.  What?  That’s right, it is not easy functioning with depression.  You have to be strong to come to work, to carry such a secret with you and to support your family. Combined with this strength, however,  is a silence of shame and embarrassment because the depressed person feels unable to control the thoughts in their head.  Feelings of failure or worry about failure may be indicators that someone is suffering from either anxiety or depression especially if they occur often.  We all fear lack of success but for some it becomes a dibilitating thought process.

People who are depressed may not label it as depression .   A depressed person may not know that this melancholia they are experiencing is an illness.  Saying you should snap out of it or just get over it or and or punishing that person/employee will not help them get out of the depression.   Point is that someone who is depressed is not going to come right out and acknowledge it to themselves or to others.  So, you have to be willing to look for indicators and proactively address the issue. 

Depression can manifest in the body in such ailments as ulcers, sleep disorders, fatigue and malaise.  There are physical and behavioral manifestations that it pays to know and understand.  Depression can lead to higher risk of certain health disorders such as gastrointestinal and sleep.  Many times the underlying issue for these ailments is depression and it is important to discuss your emotional as well as physcial health with your physician.  If a colleague has severe sleep issues or has stomach issues (i.e. ulcers) perhaps a discussion about their mental well-being is in order. 

Medication helps  depressed people.  You do not have to be “crazy” to fill and begin taking a prescription medication for anxiety or depression.  Medication together with psychotherapy can help you deal with the thoughts which underlie depression in a more effective way.  If your physician thinks you need the medication, then perhaps your should follow that medical advice.  By all means, discuss with a medical professional your depression and get help.  If you are not being  heard by your physician then get a new doctor pronto.  Your physician should be your healthcare partner and not just someone you see when you have to.

Depressed people may appear not to care, or conversely, they may care too much.  Once again depression is different depending on who is suffering.  So, the workaholic may spend even more time at the office and get less done while another person may avoid the office at all cost so people cannot discover their secret.  Shame and embarrassment are two strong forces which keep people silent and untreated.  Depressed people can’t just snap out of it.  They have to learn a new way of thinking and behaving to address the issue effectively.

Depression can co-occur with other mental disorders.  In other words, people can develop drug problems because of depression or they can start out with anxiety over work and wind up being depressed.  You can’t recover from one mental health issues without recovering from the other.  Just because someone stops drinking does not relieve other issues. 

Stress management is very good and a great place to startStress is a contributing factor to anxiety, depression and or substance abuse  suffered by lawyers.   The more stress you have and the worse you manage it, the easier it is to feel overwhelmed and exhausted leading to procrastination or late work product.   Ackowledging your stress is the first step.  We all seem to do that very well.  It is reordering our priorities that seems to be the issue. 

Depression can be a family affair.   Many of us develop patterns of behavior from childhood onward that make us prone to the disease. Behavioral therapy can help you retrain your mind and behavior to manage these tendencies.   In other words, if your parent has depression issues you may learned behaviors which are similar.  Retraining to brain to think and behave differently is possible. 

In closing, it is time that Depression is spoken about and addressed by Lawyers,  Bar Associations, Judges and colleagues. It is an illness that has the capacity to ruin careers, families and lives.  As fellow lawyers, we must address this growing epidemic in our profession.  The first step in doing this is to breakdown the myths associated with the illness and understand that a person with such a condition must be supported, not ostracized, punished or isolated.  In essence, many of us, through perpetuation of the myths above,  are condemning our colleagues to suffer in silence.  For many, discussing mental health issues and depression in particular is “depressing” but the choice not to discuss is it simply is not acceptable given the rates of depression, anxiety and suicide within our profession.  Remember, depression is treatable and many people receive treatment and lead productive balanced lives.  However, they cannot do so unless they can look at the situation and are honest and self-compassionate. 

Taking necessary precautions on a firm or industry level is a start toward addressing the growing trend of mental illness in the legal profession.   If you are unsure whether colleague is ill,  keeping asking them how they are doing,  make yourself available and always provide a supportive nonjudgmental presence.  Wearing blinders, expressing anger at or excuses for the partner or associate who is clearly struggling is not an option.  You can only deal with an issue if you address head on. 

Or, to use another To Kill a Mockingbird Atticus Finch Quote,  “Best way to clear the air is to have it all in the open”. 

Silence, my friends and colleagues,  is a recipe for continued suffering and disaster.


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Diagnosis … Legal Industry is in need of change

How many lawyers do you know who are disillusioned with the practice of law?  I ran into a colleague I graduated from law school with last week and he said to me “I don’t know any happy lawyers”.  This got me to thinking what is it about the practice of law (i.e. the business of being a lawyer) which makes the job so difficult.  I came up with a list which says a lot about the business we are all engaged in on a daily basis. This list is not comprehensive and I would love to add to it. (So, comments are appreciated).  Perhaps we can’t even begin to repair a system if we don’t know what ails it.  I think the list below sets out a good case for why we need to change the way we practice and or how we deal with each other.

The Business of law needs to change because …..

  1. The most intellectual people are rarely the most successful lawyers.
  2. Legal profession attracts negative and hostile personality types who are more likely to be successful (i.e. narcissists, sociopaths, bullies and egomaniacs)
  3. Being good at what you do means less than being good at getting clients.
  4. Perfectionism is valued but is a double-edged sword.  It makes for great work product but can cause tremendous stress.
  5. Lawyers are 2 times more like to be depressed.
  6. Lawyers are 3 times more likely to have anxiety disorders
  7. Lawyers get less sleep that most other professionals.
  8. Lawyers have higher suicide rate than the general population, particularly male lawyers in their 50’s.
  9. There are far more lawyers seeking a job than there are jobs. New graduates have only a 50% chance of landing any legal job.
  10. Law school process can lead to depression in 40% of students within the first two years.
  11. We are profession that thrives on anxiety, fear, aggression and we make more money the longer our clients remaind in an adversarial situation.  
  12. We graduate a lot of new lawyers but most of them do not make it past 10 years in practice.
  13. Our law schools have misled applicants about graduate employment rates.
  14. The most successful lawyers are often the ones who are workaholics,  who can’t understand that working more does not make you more productive.
  15. Money neurosis blinds many to need or desire to change.  I make money so why bother. 

I could add others to this list, but I think most people will get my point.  There are way too many things wrong with our system to not address health and well-being on an industry wide basis.   Clearly, there are those who say “it has always been this way”.  My response to this is, so what?  Seriously, that attitude says I am willing to accept the existence of these issues because I am AFRAID to change the system.  Is it really easier to blindly follow a system on the premises “because it is this way at every firm”? To make such statements is to say “I accept to live in the misery I know because it is the same or worse elsewhere.”

Misery or as the Buddhist say “suffering” is so ubiquitous in our profession that it is accepted as standard operating procedure.  This saddens me.  It saddens me to hear about a colleague who develops a substance abuse issues, has depression or other health issues all of which are exacerbated by stress.  And it angers me that colleagues have a mental break downs and that fellow lawyers label those people weak or look for logical reasons why they are ill (i.e., money issues, health and/or divorce).  And worse of all in bothers me that some of the most well-respected lawyers choose to end their lives because of mental health issues.  Suicide is such a horrible end that condemns the lawyer’s family to a lifetime of asking the question why?  Sure, not all lawyers are miserable, but there are more unhappy rather than happy lawyers and that says so much about the way we deal with each other and gives the world around us just another reason to hate and or abhor us. 

Change in our industry starts from within.  It takes consistent diligent efforts like those undertaken by the Cincinnati Bar Association’s Health and Well-being Committee. It takes conscious decisions by each lawyer, judge, law professor and law student to address the issues outlined above.  Until these and other related issues are addressed we will continue to see our colleagues self-destruct in one way or another and the rest of us will be left with regrets and questions.  Or worse, some will say that lawyer was weak to crack under the pressure.


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LEGACY FROM TRAGEDY– THE KENNETH D. JAMESON HEALTH AND WELL-BEING FUND

My law partner and friend Kenneth D. Jameson in May 2011 as a result of a long struggle with depression.  Ken was important to a lot of people, his wife, his children, his extended family, his law partners,  his clients and his friends.  He was a friend to everyone who got to know him.  Unfortunately, he lived with a secret that was so insidious that he was eventually left with no choice, but to take a leave of absence from the practice of law and seek psychiatric treatment.  Ken had depression.  For how long, no one knows.  Those who worked a long side him had little clue except that he had insomnia and difficulty concentrating.  Most people in his life were not aware of the magnitude or severity of his suffering.  His wife, Betsy, however, knew all too well.

After Ken’s suicide, most people suffered shock and a sense of guilt for not doing enough to save Ken.  The reality is, no one could save him. In Ken’s case, he was the only person who could dig himself out.  Unfortunately, toward the end of his life, his depression turned to despair and in his mind he did the only thing that seemed to fix the situation.  He committed suicide.   Ken was the ultimate fixer as anyone who knew him will attest.  Does this mean he was weak? No.  Does it mean that he didn’t love his family?  No.  He was ill.  He had a disease which many people suffer from in silence – A silence which is created by fear and shame.

Since his death, much has happened in his family.  His daughter received her master’s degree; his son cheered at OSU football games and Final Four Basketball games, birthdays, anniversaries and holidays have been celebrated.    Ken’s family has somehow managed to go on without him as have those of us who worked alongside him.   No one will ever forget him and his name is mentioned often by his colleagues family and friends. Yet, life goes on for those of us left behind.

Because of his death, I first approached the Cincinnati Bar Association in July 2011 about health and well-being education and support programing for attorneys.  I was delighted when Cincinnati Bar Association accepted my suggestions.  The Health and Well-Being Committee was formed in January of 2012 and our works is well underway.  But that isn’t all that happened.  Ken’s wife and best friend, Betsy Jameson, had an idea.  She wanted to find a way to memorialize her husband to provide a legacy for his children and his family, to help create something good out of a mind shattering tragedy.   Her idea was to set up a fund to financially support the Health and Well Being Committee.   So, with the help of the Cincinnati Bar Foundation, the Kenneth D. Jameson Health and Well-being Fund was officially established on June 27, 2012.

The fund was set up with an initial donation of $25,000 by Betsy Jameson and her children.  The fund is open to donations from inside and outside the legal community.  The hope is to have additional donations to add up to $100,000 within five years.  The fund’s use is  restricted to the goals of the Health and Well-Being Committee and will allow the committee to provide services to attorneys including a lunch time lecture series, support group services, law student outreach and etc.    This funds support  is allowing an acceleration of the committee’s activities and is helping change the legal community in Cincinnati and in Ohio.

As for Ken’s legacy, I can think of no better way to memorialize someone who embodied the dedication, commitment and kindness that our profession needs.  I hope that the work of the Cincinnati Bar Association Health and Well-being can help others who struggle with the disease that plagued my friend and that our actions can give hope and education to a profession that so desperately needs it.

If you would like to contribute to the Kenneth D. Jameson Health and Well-being fund you may do so by visiting the Cincinnati Bar Foundation website by clicking here.  Be sure to add the Jameson Fund to your donation description.  Or, you may send funds clearly marked as Ken Jameson Fund to the Foundation at the following address: Cincinnati Bar Foundation; The Cincinnati Bar Center 225 East Sixth Street, Second Floor Cincinnati, Ohio 45202-3209 attn: Rene T. McPhedran, Director.