ANALYSIS: How Well-Being Can Be Germane to Legal Practice

The Fifth Circuit recently determined that “Wellness Wednesday” tweets made by a mandatory bar association were unconstitutional, but this shouldn’t preclude associations from promoting attorney well-being. Rather, mandatory bar associations just need to do it in a way that connects wellness to the regulation of lawyers and improving legal services.

Most states have ethical requirements around competence—and as competence may be affected by issues such as mental illness and addiction, this shouldn’t be too high of a hurdle to clear.

Bar Association Activity Must Be ‘Germane’

Mandatory bar associations exist to regulate lawyers and improve legal services offered in the ...