ANALYSIS: Report Highlights Risks of Poor Attorney Well-Being

Well-being issues are affecting attorneys’ ability to do their jobs, according to new data from Bloomberg Law. From having trouble focusing on work tasks to coming across other impaired professionals, the data indicate that attorney well-being is presenting significant risks to the legal profession.

Bloomberg Law’s new 2024 Attorney Well-Being Report combines data from the bi-annual Workload & Hours Survey and the inaugural Attorney Well-Being Survey to provide exclusive insights on what attorneys are saying about well-being.

The Well-Being Report dives into the disconnect between how important attorneys say well-being is, and how “well” attorneys say they are. It also examines attorneys’ reported usage of industry and organizational resources related to well-being, including how frequently attorneys take advantage of benefits and training offered by their companies.

Impaired Attorneys on the Job

Much of the data from the Well-Being Report is worrisome—one out of every four attorneys said that their well-being has worsened.

The Well-Being Report also reveals that issues like anxiety, disrupted sleep, depression, low energy, and worsened moods are pervasive—with disrupted sleep being the most reported issue (56% of respondents said this was a problem in the first five months of 2024).

It may not be surprising, given these reported well-being issues, that almost half of the respondents also said that they had trouble focusing on work tasks since 2024 began. Professional impairment can take many forms—and not just the ones that comes to mind first when we think of impairment, like active alcoholism or mental illness. If a person is so stressed or burned out that they can’t sleep, it makes sense that the person’s ability to focus is negatively affected.

But perhaps the most troubling data is that 6 out of 10 attorneys said that in the last six months they, at least sometimes, came across other legal professionals whose work responsibilities were affected by well-being, substance abuse, or mental health issues.

Whether attorneys have a diagnosable mental health condition or not, the data indicate that a large portion of the legal profession is impaired in some way and may be struggling to competently do their jobs.

Competency Compromised?

This data raises a host of legal ethics concerns and creates risks for the impaired attorneys, their clients, their employers, and possibly even their colleagues.

Attorneys dealing with burnout, substance abuse, and other well-being challenges are at risk of making mistakes that result in violations of the ethics rules. While a lawyer’s well-being has the potential to affect compliance with virtually any professional conduct rule, some of the key American Bar Association (ABA) Model Rules include those relating to competence (Rule 1.1), diligence (Rule 1.3), communications (Rule 1.4), and withdrawal (Rule 1.16(a)(2)).

Additionally, Model Rules 5.1 and 5.3 require managerial or supervisory lawyers to make reasonable efforts to ensure that the conduct of those they supervise comports with ethical rules. Under both rules, managerial or supervisory lawyers may be held responsible for others’ violations.

Further, Model Rule 8.3, and many jurisdictions, require a lawyer report to the appropriate authority any lawyer known to have violated an ethics rule that raises a substantial question as to that lawyer’s fitness to practice law.

The real risks that impaired legal professionals pose to both individuals and businesses should encourage all attorneys, especially supervising and managing attorneys, to take advantage of the resources and training offered by their jurisdiction’s lawyer assistance program. Moreover, the data should encourage organizations to implement, build, or improve their well-being programs.

Bloomberg Law subscribers can find related content on our In Focus: Legal Professional Well-Being page, our Well-Being Programs & Organizational Health page, and our Surveys, Reports & Data Analysis page.

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