Legal Lens

The Lee County Bar Association and Ita M. Neymotin, Regional Conflict Counsel of the Office of Criminal Conflict & Civil Regional Counsel, Second District Court of Appeal, sponsored a "Professionalism and 'Diversity and Inclusion' Seminar" on June 17, 2022 at the Crowne Plaza.

1. Lauren Baugh, Katie Young, Dr. Peter Ndiang'ui, Frank Abernathy, Hon. Rex Dimmig, Henry Lee Paul, Ita Neymotin, President Gary Lesser, Kelly Fayer, Blake Hampton, Hon. Ed Brodsky, Tiffany Pereira, Holly Cosby 2. The crowd that attended the Seminar 3. Magistrate Kimberly Bocelli 4. Mark Brewer, Edward Maciak, Hon. Josephine Gagliardi, Hon. Zachary Gill, Andrew Liverman

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by keith grossman, esq.

The demanding hours and stressful work environments in the legal profession often have detrimental effects, including mental health issues along with substance abuse and addiction.

According to the Florida Bar Mental Health and Wellness Center: • 28% of attorneys report mild or higher depression symptoms; • 23% of attorneys report mild or higher stress symptoms; • 19% of attorneys report mild or higher anxiety symptoms; and • 21-36% of attorneys qualify as problem drinkers. Additionally, a 2020 study found, “Roughly half of practicing attorneys are experiencing symptoms of depression and anxiety, with approximately 30% of those falling in the mild range and nearly 20% falling in the moderate/severe range.” A 2014 ABA tackled the topic of alcoholism in the legal profession and notes that “at least 25 percent of attorneys who face formal disciplinary charges from their state bar are identified as suffering from addiction or other mental illness,” and that substance abuse plays a role in “60 percent of all disciplinary cases … 60 percent of all malpractice claims and 85 percent of all trust fund violation cases.” Furthermore, lawyers are among the top ten professions for highest suicide rate. It is clear legal professionals struggle to balance severe stress and self-care. The Florida Bar Mental Health and Wellness Center offers CLE videos, podcasts, meditations and self-assessments, studies and suggested readings. Of course, if you feel you need help with your mental health or substance abuse, you could contact your physician or call a crisis hotline. More specific for legal professionals, you could contact the Florida Lawyers Helpline at 833-351-9355 to connect with professional counselors or Florida Lawyers Assistance for programs and other services at 954-5669040. There are also support and recovery groups, such as the Lawyers Depression Project. The Florida Bar has a Mental Health & Wellness committee, which works to destigmatize mental illness, recommend

best practices and remedies, and help bring more balance into members’ daily professional lives. The Lee County Bar Association also recognizes mental health as an essential area to provide resources and is taking steps to do just that. One thing LCBA is doing is hosting a program on mental health on August 19, 2022. Chief Judge Michael McHugh will be the moderator and confirmed speakers include Dr. Scott Weinstein with Florida Lawyers Assistance, Dr. Steven Cohen with The Center for Psychology and Lisa Terwilliger, Executive Director of the Collier County Bar Association. Additionally, the LCBA is in the process of forming a mental health committee. Much of this activity is a result of McHugh approaching the LCBA about starting a mental health counseling program as a benefit to its members. He proposes to model it after the Collier County Bar Association (CCBA) program, which began providing services January of this year. McHugh says, “(The idea for the program) probably originated with me because of my familiarity with Collier’s program.” McHugh attended a presentation to the CCBA members where the mother of deceased local attorney, Rebecca Vaccariello, spoke of her daughter’s mental state. Vaccariello’s mother said if Rebecca had a place to turn to for resources and support, it would have helped. McHugh says, “I was moved by that.” McHugh also explains, “As Chief Judge, I hear a lot of things that clearly show mental health issues (exist in the legal profession). It’s clearly a stressful occupation.” The CCBA offers confidential, cost-free access to professional psychological services. The program provides up to 6 complimentary sessions with an independent, doctorate-level clinical psychologist per year. Participating psychologists bill the CCBA directly with de-identified data.

McHugh explains the CCBA program was initially spearheaded by Judges Christine Greider and Lauren Brodie. He says the program offers “someone for attorneys in need or in crisis to talk to.”

Terwilliger says, “This program has been very well received. More than we thought it would be from the onset.” According to Terwilliger, the first month the program was available, one or two attorneys met with a psychologist. The most recent invoice the CCBA received shows there were 15 visits.

The CCBA also receives anonymous surveys, and Terwilliger says, “They’ve been very positive.” Because the CCBA has already blazed a trail for providing this type of program, McHugh says, “We’ll mimic Collier’s program.” The CCBA program has a sponsorship format to fully pay for the service, so the LCBA will need to explore that avenue as well. Terwilliger says the CCBA formed a steering committee, which helped with obtaining sponsorship dollars. She says the CCBA was able to initially raise $25,000. They now are planning fundraisers specific to funding the program. The CCBA also has recently started a peerto-peer network, which is a panel of local attorneys who are committed to trying to help their peers navigate rough patches in their professional or personal lives. Members of the panel are available to talk through problems, discuss paths forward, make referrals, and provide support to their peers who are experiencing difficulties. Panel members have attended a training session developed and taught by The David Lawrence Center. Neither the CCBA program nor the future LCBA program are overseen by the court system; rather, they are provided by the local voluntary bar associations. The judiciary recognizes the importance of the programs, however, and strongly supports their availability and success. McHugh says, “This is another place we can get (attorneys) to in order to get them help.”