Psychology for Lawyers
the emotional fallout of work
Preface
"The practice of law has become increasingly challenging both professionally and personally."
--M. Mark Heekin, Implementing Psychological Resilience
Training in Law Incubators, 1 Touro J. Experiential Educ. 286 (2015)
"[W]ork can be sick . . . the pathology can be in the work, in its organizational structures and systems of management, its professional attitudes, even its physical environs . . . . It is only natural that many lawyers, through their sympathetic talents, begin to reflect and interiorize these work disorders."
--Benjamin Sells, The Soul of the Law 122
(Rockport, Massachusetts: Element, 1994)
"[The 'modern madness' is] the invisible link
between careers and emotional conflict. Its victims suffer various disturbances--genuine
emotional conflicts--that range from mild distress to feelings of self-betrayal,
to stress and burnout, to acute psychiatric symptoms and irrationality.
These symptoms, sometimes invisible on the surface, are generated by
work and career within today's large organizations. They reveal a pervasive
malady that may affect thousands of workers, particularly the new breed
of careerist--achievement- and success-oriented men and women mostly
with the 25- to 47-year-old range.
We find that many of these career professionals describe
. . . a vague dissatisfaction with their lives that gnaws away at them.
They speak of feeling empty and detached, of a lack of meaning, despite
career success. Some say that they feel numb emotionally, and that they
can't love anyone, that they feel no passion about anything, despite
being good in their work. A common theme is the feeling of not being
at the helm of things in their lives, despite outward achievement and
outwardly comfortable lives. . . . They describe feeling passive and
helpless, at the mercy of forces that seem outside themselves and beyond
their control, beyond their comprehension, even.
* * * *
To properly understand [psychological]
symptoms [of a professional] requires understanding both the person
and the situation. One must explore whether the symptoms do, in fact,
reflect unconscious, irrational motives and passions, rooted in childhood
experiences, or whether the symptoms are a response of a person within
the normal range to threat, stress, disturbed working environments,
or overadaptation to the values of the career culture."
--Douglas LaBier, Modern Madness: The Emotional
Fallout of Success 3-4, 49 (Reading, Massachusetts: Addison-Wesley
Publ. Co., 1986)
Readings
"The Iron Cage," in Barry Schwartz, The Costs of Living:
How Market Freedom Erodes the Best Things in Life 7-9 (New York:
W.W. Norton & Co., 1994)
Douglas LaBier, Modern Madness: The Emotional Fallout of Success
1-10, 14-17 (Reading, Massachusetts: Addison-Wesley Publ. Co., 1986)
"Why Lawyers Are Depressed, Anxious, Bored Insomniacs," Wall
Street Journal (June 12, 1995)
Burnout
Cary Cherniss, Beyond Burnout: Helping Teachers, Nurses, Therapists,
and Lawyers Recover from Stress and Disillusionment 17-47 (New York:
Routledge, 1995)
Wilmar B. Shaufeli, Michael P. Leiter & Christina Maslach, Burnout:
35 Years of Research and Practice, 14 (3) Career Development International
204 (2009) [online
text]
Peter Axelrod, An Antidote to Burnout and Boredom, Arizona Attorney
(2001) [online
text]
Jennifer Senior, Can't Get No Satisfaction: In a Culture Where Work
Can be a Religion, Burnout is Its Crisis of Faith, New York Magazine
(2007) [online
text]
Christina Maslach & Michael P. Leiter, Reversing Burnout: How to
Rekindle Your Passion for Your Work, Stan. Social Innovation Rev. (2005)
[online
text]
Class Videos
The Problem of Purpose
James Hillman
on Work with Purpose [1:21
mins.]
Lauren Giblin & Gary Gwilliam
Class Viewing 1: Being
Lawyers: Dealing with Depression as a Lawyer [4:07
mins.] [Lauren Giblin]
Class Viewing 2: Burning
Out in the Fast Lane [3:58 mins.] [Gary Gwilliam,
a trial lawyer, talks about his life; about his drinking] [found law
school boring] Trial
Lawyers and Stress [2:08 mins.]
Depression: A Psychological Disorder Related to the World and
the Work We Do
Class Viewing 3: Depression
is a Disease of Civilization [22:21 mins.]
[TED Talk] [Stephen Ilardi, professor of clinical psychology, and
author of The Depression Cure: The 6-Step Program to Beat Depression
Without Drugs] [solid background on depression; depression is
a "disease of civilization"] [end class presentation
at 10:29 mins.]
Class Viewing 4: A
Terrible Melancholy: Depression in the Legal Profession [31:58
mins.] [Bar Association of Erie County] ["law is a profession
that breeds depression"] [begin class presentation at 9:54 mins.,
end at 18:22 mins.]
Class Viewing 5: Stress
Management for Lawyers [2:28 mins.] [Mark
Siwik, a lawyer, talking about lawyer stress; "healthy stress"
becomes "distress"; relates burn-out to depression (and
negative emotions]
Class Viewing 6: Why
Are Lawyers So Blue? [2:12 mins.] [David
Lat] [high percentage of lawyers suffer from insomnia and depression;
lawyers are paid to worry about other people's problems; lawyering
can be very stressful; stress, long hours, and dealing with people
in conflict--it can all add up]
Optional (Thinking about Work)
The Fear of
Missing Out [11:31 mins.] [Priya Parker]
[TED Talk] [in-class viewing can end at 6:28 mins.] [comments on disorders
associated with stress and anxiety] ["ambition and stress place
the body on a war footing"] ["I began to rebuilt myself."
"I realized I had lost the thread."] [In our generation,
"we have become untethered."] [Reference to uncertainty]
[We lack an "internal vision."]
A Rant on Work-Life
Balance [5:16 mins.] [a "visual rant" by
Andy Clark of Wellness on the hazard posed by those who promote and
seek work-life balance; going easier on the idea of balance than some
of us would] [end presentation at 4:28 mins.]
The
Pleasures and Sorrows of Work [1:07:49 mins.]
[Alain de Botton's presentation begins at 2:20 mins.] [end class presentation
at 7:58 mins.] ["our attitudes about work are strange
indeed," especially that "the point of work is to find fulfillment";
"to be modern is to expect we can find happiness through work";
"the psychological reality of our working lives"] [a historical
perspective]
Optional (Exit Videos)
James Hillman
on Your Calling [4:19 mins.]
[audio; montague of visuals] [Hillman relates our symptoms to who/what
we become] ["your purpose is already there"] [begin video
at 0:28 mins., end at 3:50 mins.]
James Hillman
Lectures and Interviews [1:25:45
mins.] [class presentation ends at 2:14 mins.] [W.H. Auden: "We
are lived by powers we pretend to understand."]
Reference (Burnout)
What are the
Symptoms of Stress Burnout
[1:15 mins.]
What is Burnout?
[3:51 mins.]
In My Mind:
Burnout
[28:47 mins.] [focus on women]
Physician Burnout--Mayo
Clinic
[3:18 mins.] [Burnout distinguished from depression.]
The Doctor
Paradox: Physician Burnout
[31:19 mins.] [Paddy Barrett]
Physician Burnout
[53:18 mins.] [Elizabeth Bromley reviews recent data
on burnout, depression and suicide in physicians, with particular
emphasis on the work-related factors that appear to contribute to
physician distress.]
Physician Burnout
Prevalence, Effects and Complications
[3:58 mins.]
Physician Burnout
Symptoms and Gender Differences
[6:54 mins.] [burnout symptoms: exhaustion (physical
and emotional), depersonalization (a coping mechanism)(compassion
fatigue), lack of efficy]
Physician Burnout:
Four Main Causes
[6:53 mins.]
The Psychology
of Burnout with Gerald Loren Fishkin
[27:37 mins.] [New Thinking Allowed, Jeffrery Mislove]
Reference (Ken Robinson)
How to Do
Your Best Work
[2:01 mins.] [Ken Robinson]
Reference (Behavioral Economics)
What Makes
Us Feel Good about Our Work?
[20:26 mins.] [Dan Ariely is a professor of psychology
and behavioral economics] [end class presentation at 9:54 mins.]
Reference (Work & Career)
Why You
Will Fail to Have a Great Career
[15:00 mins.] [TED Talk]
[Larry Smith] [Larry Smith is an economics professor] ["I
am an economist. I do dismal."]
Something Different
Live
Performance [5:39 mins.] Recorded
Live [November 4, 1980, Capitol Theatre,
Passaic, New Jersey :: 5:48 mins.]
a two song encore: "Take
Me to the River" [7:41 mins.]
David Byrne,
"This Must Be The Place [5:13 mins.]
[Holland, 2004]
Reference (Psychological Distress in Lawyers)
Connie J.A. Beck, Bruce D. Sales
& G. Andrew H. Benjamin, Lawyer Distress: Alcohol-Related
Problems and Other Psychological Concerns Among a Sample of Practicing
Lawyers 10 (1) J. Law & Health 1 (1995-1996) [online
text]
Reference (Work | Alain de Botton)
Reintroducing
Wisdom in Everyday Life
[44:56 mins.] [end class presentation at 5:40 mins.]
[Alain de Botton] [another possible end of presentation is at 8:06 mins.]
[Alain de Botton was born in Switzerland and now lives in England. His
books emphasize philosophy's place in our everyday lives.]
[in this lecture de Botton comments
on the idea of education; "you can have a brilliant and your life
goes wrong"; challenges that face us in daily life; managing one's
anxieties; most of formal education does not address these challenges
or 'how to live'; "we don't expect our educators to help us on
how to live"; we have a gap on the great questions that we face;
education on "emotional knowledge"; "the modern world
drives us crazy"; on love and work; the idea of working a job that
pays you money, whereas today we ask more of our work; (work commentary
is at 4:52 mins.)]
The Pleasures
and Sorrows of Work
[1:07:49 mins.] [Alain de Botton's presentation begins
at 2:38 mins.] [class presentation can begin at 8:02 mins.]
Alain de Botton:
A Kinder, Gentler Philosophy of Success
[16:51 mins.] [TED Talk] [end class presentation at
7:42 mins.; pick up viewing at 12:22 mins., video then runs to 14.38
mins.] [total viewing, in class: 10 mins.] ["It's hard to be free
of career anxieties."]
The
Pleasures and Sorrows of Work
[23:17 mins.] [begin presentation at 5:02 mins., end
at 8:48 mins.] [commentary on career counseling]
Fulfillment
at Work
[1:31:50 mins.]
The Future
of the Way We Live, Love and Work
[19:53 mins.] [another recommended
de Botton talk] [brilliant commentary on love and romanticism; there
is little in this presentation on work]
On Pessimism
[38:53 mins.]
A Guide
to Happiness
[23:58 mins.]
Fear of Failure
[4:56 mins.]
Self Confidence
[24:12 mins.]
On Status Anxiety
[38:55 mins.]
On Love
[1:12:48 mins.]
On Art as Therapy
[45:16 mins.]
The Art of Travel
[49:00 mins.]
On How to Live Wisely in the Digital Age
[46:23 mins.]
Religion For Atheists
[1:09:17 mins.]
["I don't believe the business of living is very obvious."]
An Evening with Alain de Botton
[1:04:57 mins.] [de Botton's presentation begins at 2:02 mins.] [begins by talking about what he seeks in his books: guidance; looking to different disciplines, philosophy, literature, visual arts, architecture; decides, as a non-believer, that religion might have something to offer to non-believers]
An Evening with Alain De Botton
[1:07:35 mins.]
Reference (Priya Parker)
How to Quit Your Life (and Reboot)
[18:44 mins.] [reference to corporate lawyers]
Priya Parker
Interviewed on the Fear of Missing Out
[4:43 mins.]
Reference (Gary Gwilliam)
What Lawyers Don't Like to Talk About
[2:36 mins.]
Losing Never Felt So Good
[2:10 mins.]
Intervention
[3:08 mins.]
My Intervention: A Public Humiliation That Changed My Life
[3:06 mins.]
Changes and Challenges
[3:14 mins.]
Meeting
My Soul Mate
[2:45 mins.]
Reference (So-Called Work Life Balance)
The
Fallacy of the Work/Life Balance
[11:19 mins.] [TED Talk]
Work
Life Balance is an Ongoing Battle
[10:23 mins.] [Nigel
Marsh] [TED Talk]
Work-Life
Balance: Balancing Time or Balancing Identity?
[13:13 mins.] [Michelle Ryan] [addressing issues about
the gender gap raised by Jordan Peterson]
Balance,
Burnout and the Search for Centre
[7:02 mins.] [Emily Bremner] [TED Talk]
How
to Turn Busy into Balance
[11:52 mins.] [Sara Cameron] [TED Talk] ["Being
busy is a choice."]
Reference (Dan Ariely)
Meaning
in Labour
[17:30 mins.] [TED Talk] [2012]
Self Control
[17:48 mins.] [TED Talk]
Temptations and
Self-Control
[17:29 mins.] [TED Talk]
Predictably
Irrational: Basic Human Motivations
[18:43 mins.] [TED Talk]
When
Expectations Override our Senses
[14:49 mins.] [TED Talk]
The
Unexpected Joys and Problems with Creation
[20:19 mins.] [TED Talk]
Money
Changes Everything
[7:55 mins.] [TED Talk]
The
Value of Trust
[15:45 mins.] [TED Talk]
Reference (Larry Smith)
Bringing Passion
to Your Work
[17:44 mins.]
What You Need
to Do to Have a Great Career
[20:07 mins.]
Why You Will
Fail To Solve Important Problems
[33:41 mins.]
Reference (Work & Life TED Talks)
The Way We Think
about Work is Broken
[8:02 mins.] [Barry Schwartz]
Emotions at Work
[17:39 mins.] [talk begins with
the idea of two worlds: private & professional; we move between
these two worlds]
Finding &
Being Authentically Myself at Work
[12:35 mins.]
Failure to Find Passion
[15:01 mins.] [Cass Phillipp]
Don't Just Follow Your Passion: A Talk for Generation Y
[17:52 mins.] [Eunice Hii]
How to Know Your Life Purpose in 5 Minutes
[10:34 mins.] [Adam Leipzig]
How Do We Discover Purpose?
[13:56 mins.] [Steve Frampton]
Finding Our Aspiration by Losing Your Ambition
[12:41 mins.] [Aliza Weller] [distinguishing ambition & aspiration]
How to Find Your Passion and Inner Awesomeness
[16:51 mins.] [Eugene Hennie]
What Makes Life Meaningful
[16:46 mins.] [Michael Steger, professor of psychology, Colorado State University]
The Exhausted
Woman's Handbook
[4:34 mins.] [Christine Hammond]
Learning to
Live
[13:36 mins.] [Stephanie Snyder, TED Talk]
["What we hide from the world owns us."] ["We don't
have to pursue our passion; our passion is always pursuing us."]
["Be aware of the longing of your own heart."] [end class
presentation at 4:20 mins. and resume at 7:16 mins. and end at 11:40
mins.] ["Identify our demons or they will identify us";
the need to identify our broken places.]
Reference (Burn-Out)
How to Deal with
Student Burnout
[6:18 mins.]
Stress
Specialist Discusses the Causes, Symptoms and Treatments of Burnout
[3:41 mins.]
Maslach Burnout
Inventory vs. the Areas of Worklife Survey
[3:15 mins.]
Critical Skills
to Prevent Burnout
[11:53 mins.]
Reference (Burn-Out | Christina Maslach)
Burnout From Heroic Action
[13:01 mins.] [Christina Maslach,
University of California-Berkeley] ["Burnout is a stress response."
Burnout is associated with cynicism (strong negative feelings about
work).]
Six Factors that
Contribute to Burnout
[4:40 mins.]
Understanding
Job Burnout
[32:43 mins.]
Sustaining Passion,
Not Burnout
[15:45 mins.]
Burnout: An Overview
[3:15 mins.] [Burnout "kills the spirit."]
Understanding
Burnout
[1:12:29 mins.] [audio of lecture]
Reference (Burnout) (Articles)
A.D. Elkins & James R. Elkins, Professional Burnout Among U.S.
Veterinarians: How Serious a Problem?, 82 Veterinary Medicine 1245 (1987)
A. Weber & A. Jaekel-Reinhard, Burnout Syndrome: A Disease of Modern
Societies?, 50 (7) Occup. Med. 512 (2000) [online
text]
Brittany Stringfellow Otey, Buffering Burnout: Preparing the Online
Generation for the Occupational Hazards of the Legal Profession
[online
text]
Susan Jackson, Jon Turner & Arthur P. Brief, Correlates of Burnout Among Public Service Lawyers [online text]
Céleste M. Brotheridge & Alicia A. Grandey, Emotional Labor and Burnout: Comparing Two Perspectives of "People Work," 60 J. Vocational Behavior 17 (2002) [online text]
Bert Loonstra et.al., Feelings of Existential Fulfilment and Burnout Among Secondary School Teachers, Teaching & Techer Education (2009) [online text]
Ayala Malach Pines & Oreniya Yafe-Yanai, Unconscious Determinants
of Career Choice and Burnout: Theoretical Model and Counseling Strategies,
38 (4) J. Employment Counseling 170 (2001) [online
text]
Connie J.A. Beck, Bruce D. Sales & G. Andrew H. Benjamin, Lawyer Distress: Alcohol-Related Problems and Other Psychological Concers among a Sample of Practicing Lawyers, 10 J.L. & Health 1 (1995) [online text]
Reference (Lawyers & Stress)
A Lawyer Talking
About a Stress Relief Technique
[0:50 mins.]
Wellness Lawyer: The 3 Types of Stress
[21:38 mins.]
A Lawyer's Stress
[6:00 mins.]
Reference (Stress)
Ellen Langer on Stress
[2:48 mins.] [commenting on mindlessness]
Stress, Burnout Taking Toll on Many U.S. Workers
[7:53 mins.] [PBS news]
Introduction to Stress Management
[19:13 mins.]
[Dr. LuAnn Helms, Utah State University's Counseling and Psychological Services]
The Art of Stress-Free Productivity
[22:15 mins.] [David Allen, a TED Talk]
Positive Emotion in the Midst of Stress
[58:44 mins.]
Coping with Stress: Imaginative Solutions for Stress Relief
[1:28:31 mins.] [Dr. Martin Rossman]
Stress, Anxiety, and Depression in the Legal Profession
[9:32 mins.] [Daniel T. Lukasik] Pt2 [10:36 mins.]
Reference (Burnout/Books)
Cary Cherniss, Beyond Burnout: Helping Teachers, Nurses, Therapists,
and Lawyers Recover from Stress and Disillusionment 17-47 (New
York: Routledge, 1995)
Contact Professor Elkins
 |
