Vermont Bar Association

Seminar Materials

Vermont Commission on the Well-being of

the Legal Profession

March 22-23, 2018

DoubleTree (formerly Sheraton)

S. Burlington, VT

Speakers:

Chief Justice Paul Reiber

Hon. William D. Cohen

Ian Carlton, Esq.

Therese M. Corsones, Esq.

Gary Franklin, Esq.

Terri Harrington

Cecie Hartigan

Michael Kennedy, Esq.

Thomas McHenry, Esq.

Joshua Simonds, Esq.

Laura Wilson, Esq.

The New Hampshire Lawyers Assistance Program: Pathway to Lawyer Well-Being

Since I started as the new Executive Director of the New Hampshire Lawyers Assistance

Program in January of 2018, I have been meeting with as many New Hampshire attorneys as

possible. I wanted to know if working lawyers had any idea what NHLAP was, and if so, if they

thought it was relevant to their professional lives. What I have learned is that many lawyers have

no idea what NHLAP is and what it does.

The New Hampshire Lawyers Assistance Program has grown from its formal inception in 2007

to a vital resource in helping lawyers deal with personal and professional crises set in motion

because of substance abuse, mental health or other disruptions in their lives. NHLAP has been

active in its mission, but in all practical terms, has been reactive to the needs brought to its

attention. The first Executive Director, Cecie Hartigan, worked tirelessly to build the program

from obscurity to awareness, credibility and secured confidentiality to members of the NH Bar

over the past decade. She worked to educate the members of the bench, the bar and the law

school to the seriousness of substance abuse and mental health as an impediment to competent

service in the law.

However, those in the practice of law and the Lawyers Assistance Programs that serve them are

at a crossroads. Recent comprehensive studies show that lawyers as a profession are suffering

some of the highest levels of substance abuse, mental health crises, suicide and job

dissatisfaction in comparison to other professional pursuits. LAPs can no longer afford to be

reactive. Providing intervention when professional life is no longer manageable is not enough.

A call to action has been sounded from the leadership at the American Bar Association1 and has

caught the attention of leaders of the legal profession. The mission can no longer be crisis

management alone. The culture of the legal profession requires a significant move forward to

embrace and value overall wellbeing as a core tenent of ethics, productivity and professionalism.

This shift in perspective is not new. The health care insurance industry underwent a revolution

when it determined it would save billions of dollars moving from treating physical and mental

illness to preventing them. Discounts for heathy lifestyles are now the industry norm. Innovative

corporate environments across the globe now embrace a work environment that actively

promotes healthy work-life balance from in-house yoga, meditation and rest rooms to liberal

leave policies, flex-time and bonuses for health scores. These industries have shown a particular

knack for recruiting and retaining talent. These models demonstrate that overall health and

wellness is not just an abstract ideal, but a blueprint to sustaining the legal professional.

The culmination of work on this issue can be found in the report submitted to the ABA by the

National Task Force on Lawyer Well-Being which was published in August of 2017. The report

was submitted to the American Bar Association House of Delegates by the ABA Working Group

to Advance Well-Being in the Legal Profession prior to the 2018 Mid-Year Meeting. With

1 ABA President Hillary Bass, “Lawyers In Peril: ABA Works to Address Attorney Substance Use and Mental Health Disorders,” ABA Journal, Dec. 2017.

unanimous support, the ABA House of Delegates passed Resolution 105 on February 5, 2018,

adopting in full the Task Force report:

RESOLVED, That the American Bar Association supports the goal

of reducing mental health and substance use disorders and improving

the well-being of lawyers, judges and law students; and

FURTHER RESOLVED, That the American Bar Association urges all

federal, state, local, territorial, and tribal courts, bar associations, lawyer

regulatory entities, institutions of legal education, lawyer assistance

programs, professional liability carriers, law firms, and other entities

employing lawyers to consider the recommendations set out in the report,

The Path to Lawyer Well-Being: Practical Recommendations for Positive

Change, by the National Task Force on Lawyer Well-Being.

Each of the 50 individual LAPs are now tasked with bringing education and a blueprint for

change to the lawyers that they serve. The task is daunting, to say the least. If a NH attorney has

any idea of the existence of NHLAP, they associate it exclusively with intervention for substance

abuse. This has never been the case. NHLAP is a service to help judges, lawyers and law

students meet the challenges of burnout, compassion fatigue, vicarious trauma, anxiety,

depression, again, grief and work-life balance as well as substance abuse. Not only do lawyers

still openly fear stigmatization for association with NHLAP, they do not understand how it

should be relevant to their everyday practice and overall well-being2. This understanding is

difficult to achieve in a profession whose culture still mired in the traditional model of what it

means to be a successful attorney - long work hours, little sleep, little life balance and little

attention to physical, mental and emotional health.

I know from experience that this is truly the case. I started my professional life as contract

attorney in Maine- a public defender without a public defender office for support. I then moved

to a position as an associate for a solo practitioner whose primary mandate was for me to

increase his bottom line. I then opened my own solo practice. The money was good, but the

hours were endless. I then joined the York County District Attorney’s Office in time to start the

first Domestic Violence Unit. After establishing the unit, I started my own family which led me

to NH. I made the decision to stay at home to raise four boys for 9 years, sacrificing the progress

I was making in my legal career for a much more important and difficult pursuit. I reentered the

workforce in NH at the Rockingham County Attorneys Office and remained there during the

removal and investigation of the then County Attorney. I transitioned out of felony trial work to

prosecutor for the Alternative Courts- Drug, Mental Health and Veterans. I know what stress is

and know that everyone talks about it over lunch, between breaks of courtroom battles and just

about everywhere lawyers meet. We act like it is just part of the job. But we are suffering. I

was suffering. Not only is it not a healthy way to live, it is unnecessary. The wheel doesn’t need

to be reinvented. We need to stop complaining about these issues in private and discuss them in

2 “What Makes Lawyers Happy?” Kreiger & Sheldon, 83 George Washington Law Review 554 (2015).

public. Lawyers are problem solvers. We can collectively solve this problem if we have the

collective will to do so.

To that end, as the new Executive Director of NHLAP I am advocating for the following:

a. Creating a truly anonymous study of both the bench and the bar to see where we are

in NH in terms of all issues of well-being: substance abuse, mental health, stress,

burnout, job satisfaction, work-life balance, etc.- to see if we are consistent with the

national average;

b. Creation of a working group that seeks to modify the NH Rules of Professional

Conduct to endorse wellbeing as a core tenent of a lawyers’ duty of competence;

c. Acting as a liaison with local professional liability insurance carriers to create

discounts and incentives for employers who create well-being committees or well-

being standards for practioners;

d. Creation of a CLE program that explains how lawyer well-being is a core competency

requirement and provide a tool kit for practical implementation of change in the work

environment;

e. Creation of a CLE program for criminal practitioners that discusses overall well-

being but also starts the necessary conversations around vicarious trauma,

compassion fatigue, stress, and burnout;

f. Acting as a liaison with legal employers to set up wellbeing committees and drafting

wellbeing policies with specific data points to measure well-being standards;

g. Creation of a presentation for the law school that discusses lawyer well-being as a

part of legal employment as well as a core tenent of a lawyers’ duty of competence;

h. Develop a list of resources that can aid in the implementation of lawyer well-being in

practical terms: qualified mental health evaluators and applicable programs, qualified

consultants on stress management and/or burnout; qualified nutritionists, reputable

providers of exercise programs, list of area mindfulness programs or meditation

workshops;

These projects are not simply a luxury for members of our bar, but necessary to stem the tide of

growing substance, psychological breakdowns, suicides, ethical breaches and professional

dissatisfaction. Compare 8% of Americans over the age of 18 have an alcohol use disorder with

that of 18% of lawyers have an alcohol use disorder3. Suicide is the 10th leading cause of death

for Americans age 16-64, yet 19 of 100,000 lawyers commit suicide. This ratio is on par with

doctors, nurse and dentists. Only corporate managers have a higher rate of suicide among

trained professionals4. 28% of lawyers have symptoms of depression and 19% have symptoms

of anxiety meeting DSMR diagnostic criteria5. Legal employers need to understand that

supporting this movement of proactive wellness is a necessity not just for the people they employ

but for the bottom line. Cost savings are real when well-being is made a priority. Increased

productivity, decreased turnover, lower costs for health insurance, lower costs for malpractice

insurance and less time devoted to investigating and answering complaints means more money

added to the bottom line. The NH Bar is an aging bar. Young lawyers are looking outside NH

for employment opportunities that bring with it higher potential salaries. Young lawyers need to

understand that not only does NH offer an exceptional quality of life, but that they can actually

enjoy that quality of life if they work for legal employers who embrace wellbeing as a part of its

work environment. In the first decade of practice, 29% of lawyers have a substance abuse

disorder. That then drops to 21% with a decade of experience in the practice of law 6. This is a

real factor in determining where to start and sustain a legal career.

These changes will not come easy. It will be incumbent upon all NH legal stakeholders to

continually engage in the necessary conversations with legal employers and lawyers themselves

that well-being is not a “new age” luxury, but a quantifiable and necessary component to what it

means to be a good lawyer. High risk factors for substance abuse and mental health issues

include job related demands, stressful work environments, and work-home imbalance.

Prevention strategies include encouraging help seeking, supporting efforts to reduce mental

health stigmas and help seeking, employee assistance programs, workplace wellness programs

and routine mental health screenings7. In order to change hearts and minds for the betterment of

our legal community, this conversation can no longer wait.

I look forward to working with law firms big and small, public defenders, prosecutors, non-profit

attorneys, solo practioners and judges to transition our profession from the point of crisis to one

of better over all well-being and job satisfaction. I hope you will join with me.

Terri Harrington, Esq.

Executive Director

New Hampshire Lawyers Assistance Program

3 “The Prevalence of Substance Use and Other Mental Health Concerns Among American Attorneys” Krill, Johnson & Albert, Hazelton Betty Ford Foundation & Wisconsin Lawyers Assistance Program (2014). Reprinted in the Journal of Addiction Medicine, Jan/Feb 2016, Vol. 10, Issue 1. 4 http://www.cdc.gov/mmwr/volumes/65/wr/. 5 Id at Hazelton Study. 6Id at Hazelton Study. 7 Id at CDC.

2 ½ Beacon Street, Suite 163

Concord, NH 03301

(603) 877-224-6060

t.harrington@lapnh.org

Get Your Bounce Back: Using Resiliency to Preserve Your Fitness to Practice

NEW HAMPSHIRE LAWYERS ASSISTANCE PROGRAM TERRI M. HARRINGTON, ESQ. VERMONT BAR ASSOCIATION MID-YEAR MEETING

MARCH 23, 2018

NHLAP Gratefully Acknowledges Bree Buchanan, JD

◦Co-Chair, National Task Force on Lawyer Well-Being ◦Chair, ABA Commission on Lawyers Assistance Programs◦Director, Texas Lawyers Assistance Program, State Bar of Texas

bree.buchanan@texasbar.com

www.tlaphelps.org

Resilience and Stress

• We need RESILIENCY

• To persist in the face of adversity

• Without snapping!

You Lose a BIG Case

SUCCESSFUL COPING

DIFFICULTY COPING

This is a tough result, but it’s only one case

and I’ve been successful in others.

I didn’t prepare enough on this

case.

We had really bad facts on this case. It wasn’t meant to be.

I can’t seem to do anything right.

This was all my fault.

I’m stupid. I’m out of my league.

The Problem:THE WOEFUL STATE OF LAWYER WELL-BEING

2015 ABA Lawyer Study

05

10

15

20

25

30

35

40

"Problematic Drinking" = hazardous, possible dependence

6.4%

21%

32%

General U.S.Population

All Attorneys

Attorneysunder 30 yearsold

Lawyer Study: Lawyers vs. Doctors (frequency and volume of drinking)

0

10

20

30

40

36% Attorneys

15 % Doctors

Lawyer Study: Mental Health28% depression19% severe anxiety11.5% suicidal thoughts during career

It Begins in Law School

25% at risk for alcohol use disorder17% depression14% severe anxiety23% mild/moderate anxiety6% suicidal thoughts in last year

What Makes a Lawyer Happy?External Factors

(prestige, income, status, honors, fame)

ORInternal Factors

(integrity, connectedness, meaningful work)

Why This is a Problem:WELL-BEING AS PART OF PROFESSIONAL RESPONSIBILITY

ABA Model Rule 1.1: Competence

Competent representation requires… thoroughness and preparation reasonably necessary for the representation.

ABA Model Rule 1.3: DiligenceA lawyer shall act with reasonable diligence and promptness in representing a client.A lawyer must also act with commitment, dedication and with zeal in advocacy.

ABA Model Rule 8.3: Reporting Professional MisconductA violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's…fitness as a lawyer, [reporting is required].

It’s a No Brainer!A lawyers mental, emotional and physical state affects our duties to:- Clients- The Court- The Profession

Let’s Talk Solutions:TIPS FOR BUILDING RESILIENCY

Or…Ways to keep –or get back –your bounce

What Is Resilience?

•The ability to respond to stress in a healthy, adaptive way such that personal goals are achieved at minimal psychological and physical cost. (Physician Wellness Research)

•The ability to persist in the face of challenges and to bounce back from adversity. (U.S. Army Resilience Program)

•The courage to grow from stress.

How Does Resilience Bolster Competence?•Can better tolerate stress, uncertainty, adversity•Speeds recovery after setbacks, losses•Diminished -

• Anxiety• Depression• Substance Use• PTSD

Individual Factors:US Army Resilience Program

Optimism

Problem solving

Meaning

Self efficacy

Flexible thinking

Self-regulation

Empathy

Close relationships

Faith/spirituality

Physical energy

optimismCHOOSING HOW TO THINK ABOUT WHY THINGS HAPPEN

Optimism Practices

Optimism practice: seeing the bright sideDone daily: increases engagement in life and decreases dysfunctional thinking (such as believing that small failures make one a failure as a person)Pessimists benefited more and showed fewer depressive symptoms afterward

connection RELATIONSHIPS, SOCIAL SUPPORT, AND BELONGING

Connections•We are hard wired to need relationships; belonging•Critical to your brain’s feeling of happiness•Physical touch releases oxytocin•Positive people are key

Benefits of Connection•Longer life•Improved immune system•Reduced depression and anxiety•Overall better functioning and well-being•Reduced cardiovascular disease•Reduced perceptions of pain and threat

positive emotionsCREATING UPWARD SPIRALS

Creating an Upward Spiral•Positive emotions boost resilienceoQuicker cardiovascular recovery after disruptionoPost 9/11, people with more frequent positive emotions showed greater post-traumatic growth and less depression

•Better physical health•More life and work satisfaction•Less anxiety and depression

Grateful People•Stronger immune systems and lower blood pressure•Higher levels of positive emotions•More joy, optimism, and happiness•Less likely to engage in self-blame•Acting with more generosity and compassion•Feeling less lonely and isolated

physical wellnessEAT MOVE SLEEP

Get adequate sleep!

Sleep Deprivation = Cognitive Impairment

•Chronic sleep deprivation is linked to:oDeficits in reasoningoGlobal cognitive statusoVocabulary

•Highest predictive value for depression•Greater rate of burnout•Increases heart attacks, blood pressure, strokes•Less than 6 hours = 30% rise in obesity

spiritualityWHAT GIVES YOUR LIFE MEANING

How Meaning Benefits Us•Better emotional regulation•Reduced risk of depression and anxiety•Reduced substance abuse•Healthy sleep•Cardiovascular health•Slower cognitive decline in Alzheimer’s patients

show vulnerability (courage)ASK FOR HELP

Lawyer Study: Barriers to Help-Seeking• Not wanting others to find out they needed help • Concerns regarding privacy or confidentiality• Stigma and shame• “I can handle it myself”

Lawyers Assistance Programs

•Who we help –oLawyers, Judges, Law students

•What we help with –oSubstance use and mental disorders, cognitive, stress, burnout

•Who we’re run by –oState bar assn., Supreme Court, independent nonprofit

•Communications are confidential•Services or Referrals –

oLicensed professionals oGroup support

•Peer support•Education and public awareness

www.lapnh.orgt.harrington@laph.org

• Visit the CoLAP website for RESOURCES and

CONNECT through Twitter and Facebook

• www.americanbar.org/colap

Vermont Commission on theWell Being of the Legal Profession109 State Street, Montpelier, VT 05609-1701

Go to:https://www.americanbar.org/content/dam/aba/images/abanews/ThePathToLawyerWellBeingReportRevFINAL.pdf

Go to: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4736291/

Or

Krill PR, Johnson R, Albert L. The Prevalence of Substance Use and Other Mental Health Concerns Among American Attorneys. Journal of Addiction Medicine. 2016;10(1):46-52.

Go to: https://jle.aals.org/home/vol66/iss1/13/

OrJerome M. Organ, David B. Jaffe & Katherine M. Bender, Ph.D., Suffering in Silence: The Survey of Law Student Well-Being and the Reluctance of Law Students to Seek Help for Substance Use and Mental Health Concerns, 66 J. Legal Educ., Autumn 2016, at 1, 116–56

Vermont Commission on the Well-Being of the Legal Profession Charge and Designation

The Vermont Supreme Court wishes to establish a Commission on the Well Being of the Legal Profession in Vermont for the following reasons, and for the purpose set forth below:

• In December 2016 the American Bar Association Commission on Lawyer Assistance Programs and the Hazelden Betty Ford Foundation published a study of practicing lawyers that found between 21 and 36 percent of lawyers qualify as problem drinkers, approximately 28 percent struggle. with some level of depression, 19 percent suffer from severe anxiety and 23 percent with elevated stress.

• A similar Survey of Law Student Well-Being published in 2016 showed 25 percent of students were at risk for alcoholism, 17 percent experienced some level of depression, 14 percent severe anxiety, 23 percent mild or moderate anxiety, and 6 percent had serious suicidal thoughts in the past year.

• Supporting lawyer, judge and law student well-being contributes to success in the delivery of legal and judicial services, and enhances lawyer and judicial ethics.

• The National Task Force on Lawyer Well-Being was convened with representatives from the ABA Commission on Lawyer Assistance Programs, the National Organization of Bar Counsel, the Association of Professional Responsibility Lawyers, the ABA Center for Professional Responsibility, the ABA Standing Committee on Professionalism, the ABA Young Lawyers Division, and the ABA Law Practice Division Attorney Well-Being Committee.

• The National Task Force on Lawyer Well-Being issued a report in August, 2017, "The Path to Lawyer Well-Being: Practical Recommendations for Positive Change" which contains 44 recommendations, including recommendations for judges, regulators, legal employers, law schools, bar associations, lawyer assistance programs, and lawyer professional liability carriers.

• The Vermont Supreme Court fully supports the concept of lawyer, judge and law student well-being as a critical component· of lawyer and judicial competence and access to justice for Vermonters and reinforces the critical role of the Supreme Court in overseeing the profession.

• The Vermont Supreme Court recognizes its desire to take an active role in the development of effective mechanisms through convening the relevant stakeholders in Vermont to improve the well-being of the profession and the bench.

Therefore, the Vermont Commission on the Well-Being of the Legal Profession is hereby established for the purpose of creating a stc1te-wide action plan with specific proposals for the Vermont Supreme Court and its relevant committees to consider regarding the three areas identified below. By December 31, 2018 the Commission shall report to the Court with specific proposals and accompanying proposed rule changes to implement the proposals in the following areas:1. Develop a policy for confidential interventions for lawyers, judges and law students struggling with mental health, well-being and/or substance abuse challenges.2. Develop a plan to support and sustain a Lawyers Assistance Program in Vermont, to assist lawyers, judges, and law students with mental health, well-being and/or substance abuse challenges.3. Provide on-going educational opportunities for lawyers, judges and law students

regarding mental health, well-being and/or substance abuse self assessments, programs and resources.

The Vermont Bar Association is requested to provide the Commission with necessary staff and administrative support and will seek grant funding to provide technical assistance as necessary.

The Vermont Supreme Court hereby appoints to the Commission the following persons. In addition to serving on the Commission, each will chair the Committee designated in italics below his or her name. Each will also name the members, including a co-chair if desired, of their respective committees. The Commission will also identify a health care provider who will serve as a resource to the related Committees.

Paul L. Reiber Chief Justice, ChairJudge William D. Cohen, Co-ChairChair, Judges Committee on the Well-Being of the Legal Profession

Therese Corsones, Esq., VBA Executive DirectorChair, Bar Association Committee on the Well-Being of the Legal Profession

Michael Kennedy, Esq., Vermont Bar CounselChair, Regulators Committee on the Well-Being of the Legal Profession

Thomas McHenry, Esq., Dean and President, Vermont Law SchoolChair, Law School Committee on the Well-Being of the Legal Profession

Joshua Simonds, Esq., Director, Vermont Lawyers Assistance ProgramChair, Lawyers Assistance Program Committee on the Well-Being of the Legal Profession

Ian Carleton, Esq., Principal, Sheehy Furlong & Behm Laura Wilson, Esq., Morrissette, Young & WilsonCo-Chairs, Legal Employers Committee on the Well-Being of the Legal Profession

Christopher Newbold, Esq., Executive V.P., ALPS Lawyers' Malpractice Insurance Chair, Lawyer Professional Liability Carriers Committee on the Well-Being of the Legal Profession

Commission Members

Hon. Paul L. Reiber, Chief Justice, Commission Chairpaul.reiber@vermont.govHon. William D. Cohen, Commission Co-ChairChair, Judges Committeewilliam.cohen@vermont.gov

Therese M. Corsones, Esq.Chair, Bar Association Committeetcorsones@vtbar.org

Michael Kennedy, Esq.Chair, Regulators Committeemichael.kennedy@vermont.gov

Thomas McHenry, Esq.Chair, Law School Committeetmchenry@vermontlaw.edu

Joshua Simonds, Esq.Chair, Lawyers Assistance Program Committeejls@burlingtonlawpractice.com

Ian Carleton, Esq. andLaura Wilson, Esq.Co-Chairs, Legal Employers Committeeicarleton@sheeheyvt.comllw@lyndonlaw.com

Christopher Newbold, EsqChair, Professional Liability Carrier Committeecnewbold@alpsnet.com

Go to:https://www.americanbar.org/content/dam/aba/images/abanews/ThePathToLawyerWellBeingReportRevFINAL.pdf

JUDGES COMMITTEE MEMBERS:

Hon. William Cohen, Chair

Hon. Marilyn Skoglund

Hon. John Treadwell

Barbara Blackman, Esq.

Wes Ward, Judicial Conduct Board Member

Robert Hubbard, Chief Law Clerk

Angela Anderson, COM Addison Unit

RECOMMENDATIONS FOR JUDGES (p. 22)

• Communicate that Well-Being Is a Priority

• Develop Policies for Impaired Judges

• Reduce Stigma of Mental Health and Substance Use Disorders

• Conduct Judicial Well-Being Surveys

• Provide Well-Being Programming for Judges and Staff

• Monitor for Impaired Lawyers and Partner with Lawyer Assistance Programs.

BAR ASSOCIATION COMMITTEE MEMBERS:

Therese Corsones, Esq., Chair

Samara Anderson, Esq.

Andrew Delaney, Esq.

Jennifer Emens-Butler, Esq.

Michael Kiey, Esq.

Kyle Landis-Marinello, Esq.

Rachel Strecker, Esq.

RECOMMENDATIONS FOR BAR ASSOCIATIONS (p. 41)

• Encourage Education on Well-Being Topics in Association with Lawyer Assistance Programs

• Sponsor High-Quality CLE Programming on Well-Being-Related Topics

• Create Educational Materials to Support Individual Well-Being and “Best Practices” for Legal Organizations

• Train Staff to Be Aware of Lawyer Assistance Program Resources and Refer Members

• Sponsor Empirical Research on Lawyer Well-Being as Part of Annual Member Surveys

• Launch a Lawyer Well-Being Committee

• Serve as an Example of Best Practices Relating to Lawyer Well-Being at Bar Association Events

REGULATORS COMMITTEE MEMBERS:

Michael Kennedy, Esq., Chair

Carolyn Anderson, Esq. (Professional Responsibility Board)

Christopher Davis, Esq.

Hon. Thomas Durkin (Character & Fitness Committee)

Clara Giminez, Esq. (MCLE Board)

Joshua Lobe, Esq. (Board of Bar Examiners)

Andrew Maas, Esq. (Judicial Conduct Board)

RECOMMENDATIONS FOR REGULATORS (p. 25)

• Take Actions to Meaningfully Communicate That Lawyer Well-Being is a Priority

• Adopt Regulatory Objectives That Prioritize Lawyer Well-Being

• Modify the Rules of Professional Responsibility to Endorse Well-Being as Part of a Lawyer’s Duty of Competence

• Expand Continuing Education Requirements to Include Well-Being Topics

• Require Law Schools to Create Well-Being Education for Students as an Accreditation Requirement

• Adjust the Admissions Process to Support Law Student Well-Being

• Re-Evaluate Bar Application Inquiries About Mental Health History

• Adopt Essential Eligibility Admission Requirements

• Adopt a Rule for Conditional Admission to Practice Law with Specific Requirements and Conditions

• Publish Data Reflecting Low Rate of Denied Admissions Due to Mental Health Disorders and Substance Use

• Adjust Lawyer Regulations to Support Well-Being

• Implement Proactive Management-Based Programs (PMBP) That Include Lawyer Well-Being Components

• Adopt a Centralized Grievance Intake System to Promptly Identify Well-Being Concerns

LAW SCHOOL COMMITTEE MEMBERS:

Thomas McHenry, President and Dean, VLS, Chair

Kristin Briggs, Mental Health Professional, Clara Martin Center (Invited)

Brian Dunkiel ’96 (JD), Partner, Dunkiel, Saunders, Burlington

Breanna Hayes ’17 (JD), Staff Attorney, Boies & Schiller, Hanover, NH

Laurie Izutsu, Staff Attorney, South Royalton Legal Clinic, VLS

Shirley Jefferson ’86 (JD), Associate Dean for Student Affairs and Diversity, VLS

Jennifer O’Connor ’19, second-year JD student

Ken Rumelt ’10 (LLM), Staff Attorney and Professor, Environmental and Natural Resources Law Clinic, VLS

Carlson Swafford ’20, first year JD student

Amanda Vega ’20, first year JD student

Ashley Ziai, Executive Assistant to the Vice Deans, VLS

RECOMMENDATIONS FOR LAW SCHOOLS (p. 35)

• Create Best Practices for Detecting and Assisting Students Experiencing Psychological Distress

• Provide Training to Faculty Members Relating to Student Mental Health and Substance Use Disorders

• Adopt a Uniform Attendance Policy to Detect Early Warning Signs of Students in Crisis

• Provide Mental Health and Substance Use Disorder Resources

• Assess Law School Practices and Offer Faculty Education on Promoting Well-Being in the Classroom

• Empower Students to Help Fellow Students in Need

• Include Well-Being Topics in Courses on Professional Responsibility

• Commit Resources for Onsite Professional Counselors

• Facilitate a Confidential Recovery Network

• Provide Education Opportunities on Well-Being Related Topics

• Provide Well-Being Programming During the 1L Year

• Create a Well-Being Course and Lecture Series for Students

• Discourage Alcohol-Centered Social Events

• Conduct Anonymous Surveys Relating to Student Well-Being

LEGAL EMPLOYERS COMMITTEE MEMBERS:

Ian Carleton, Esq., Co-Chair

Laura Wilson, Esq., Co-Chair

Bonnie Badgewick, Esq.

T.J. Donovan, Esq.

Scott McGee, Esq.

Christina Nolan, Esq.

Lucia White (VPO President)

RECOMMENDATIONS FOR LEGAL EMPLOYERS ( p. 31)

• Establish Organizational Infrastructure to Promote Well-Being

• Form a Lawyer Well-Being Committee

• Assess Lawyers’ Well-Being

• Establish Policies and Practices to Support Lawyer Well-Being

• Monitor for Signs of Work Addiction and Poor Self-Care

• Actively Combat Social Isolation and Encourage Interconnectivity

• Provide Training and Education on Well-Being, Including During New Lawyer Orientation

• Emphasize a Service-Centered Mission

• Create Standards, Align Incentives, and Give Feedback

PROFESSIONAL LIABILITY CARRIER COMMITTEE MEMBERS:

Christopher Newbold, Esq., Chair

Gary Franklin, Esq.

RECOMMENDATIONS FOR LAWYERS PROFESSIONAL LIABILITY CARRIERS (p. 43)

• Actively Support Lawyer Assistance Programs

• Emphasize Well-Being in Loss Prevention Programs

• Incentivize Desired Behavior in Underwriting Law Firm Risk

• Collect Data When Lawyer Impairment is a Contributing Factor to Claims Activity.

LAWYERS ASSISTANCE PROGRAM COMMITTEE MEMBERS:

Joshua Simonds, Esq., Chair

Hon. Colleen Brown

Hon. Karen Carroll

Wendy Collins, Esq.

Cara Cookson, Esq.

Cecie Hartigan, Esq.

Shirley Jefferson, Esq.

Michael Kennedy, Esq.

Gregory Mertz, Esq.

Meghan Purvee, Esq.

Craig Weatherly, Esq.

RECOMMENDATIONS FOR LAWYERS ASSISTANCE PROGRAMS (p. 45)

• Lawyers Assistance Programs Should Be Appropriately Organized and Funded

• Pursue Stable, Adequate Funding

• Emphasize Confidentiality

• Develop High-Quality Well-Being Programming

• Lawyer Assistance Programs’ Foundational Elements

www.vtbar.org

Commission MembersHon. Paul L. Reiber, Chief Justice, Commission Chair

paul.reiber@vermont.govHon. William D. Cohen, Commission Co-Chair

Chair, Judges Committeewilliam.cohen@vermont.gov

Therese M. Corsones, Esq.Chair, Bar Association Committee

tcorsones@vtbar.orgMichael Kennedy, Esq.

Chair, Regulators Committeemichael.kennedy@vermont.gov

Thomas McHenry, Esq.Chair, Law School Committee

tmchenry@vermontlaw.eduJoshua Simonds, Esq.

Chair, Lawyers Assistance Program Committeejls@burlingtonlawpractice.com

Ian Carleton, Esq. andLaura Wilson, Esq.

Co-Chairs, Legal Employers Committeeicarleton@sheeheyvt.com

llw@lyndonlaw.comChristopher Newbold, Esq

Chair, Professional Liability Carrier Committeecnewbold@alpsnet.com

Charge & Designation

Meeting Agenda 1/25/2018Minutes 1/25/2018

Vermont Commission on the Well-Being of the Legal Profession

Located at:

(For Attorneys Tab)