To what extent does the day-to-day work of lawyers

impact their stress?

Savannah Stewart

ENC 2135-0054

Professor Grenville

October 4, 2020
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If you were to ask any lawyer if they have ever become stressed by their job or are

repeatedly stressed by their job, the majority of them would say yes. Stress is prominent in all

professions, yet law is considered to be one of the most stressful professions in the United States.

However, there are multiple aspects that need to be considered when it comes to discussing stress

in lawyers. According to the US News and World Report, lawyers are ranked second on their list

of most stressful professions in the US, behind surgeons (US News). With this excessive stress,

there can be prevalent home life disruptions, abuse of drugs and alcohol, developments of stress-

induced disorders, and even suicides. In addition to this, it is important to consider the stress

associated with the day-to-day aspects of being a lawyer as this can result in more serious and

dangerous matters, such as those listed above. I am personally interested in this topic as I intend

to apply and attend law school following undergrad school, and hopefully become a criminal

prosecuting attorney one day as well. It is important for me to understand what the life of a

lawyer entails, including the struggles that exist in the legal practice. This paper will assess the

severity of stress in lawyers and its effect on the other various aspects in their life, including

mental health on a daily basis.

To further educate myself on the larger conversation surrounding daily stress in lawyers,

it was important for me to learn more about stress as it relates to potentially dangerous disorders

such as Post Traumatic Stress Disorder (PTSD) and Secondary Traumatic Stress Disorder

(STSD). Prior to this investigation, I had already learned about PTDS, but until I came upon the

Utah Bar Journal Article, “Secondary Traumatic Stress Among Lawyers and Judges,” by Kiley

Tilby and James Holbrook, I had never even heard of Secondary Traumatic Stress Disorder

(STSD). According to the article, “Secondary trauma occurs to those in helping professions who

work with trauma victims on a regular basis and who then experience symptoms similar to
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PTSD,” (Tilby and Holbrook). This concept can be dangerous enough on its own, depending on

the environment it is relevant to. For example, working in an office setting such as a law firm,

lawyers often work in close proximity to one another and often on the same case. If one lawyer

has PTSD, the other may be affected and begin to experience extreme symptoms of stress,

known to be STSD. This can lead to others being affected and unable to handle their own stress

which may lead to even larger issues such as depression or suicide. According to the article,

“Lawyers' Suicide – The Influence of Legal Studies and Practice, Stress, Clinical Depression and

Sexuality,” by Michael Kirby, “Men are almost twice as likely as women to take their own

lives,” (Kirby 2015). This us thought to be true as men are less capable of expressing their

emotions and women are. Although this idea works in favor of women, this appears to be a semi-

extreme situation and obviously not all lawyers experience this.

In my attempt to understand the day-to-day lifestyle and workload or a lawyer, I

conducted two interviews with lawyers in my family who have completely different workloads.

One is a solo practitioner, and one owns their own legal practice and has other lawyers working

under him. This was intentional as to ensure that the stress is universal, and not just occurring

from working in one specific type of law or one type of workload.

The first person that I interviewed was a woman (my aunt) by the name of Kathryn

Mitchell. She practices law in both the state of Kentucky and the state of Florida as a solo

practitioner. To get an idea of what her caseload is like, I asked her how many cases she

normally takes at a time per state. In response, she says “I typically take around three to four

cases at a time from Kentucky, and then I normally take around five cases from Florida, but

those I work with over the phone [she currently lives in Kentucky and lived in Florida two years

ago],” (Mitchell 2020). Kathryn’s field of work is in Special Education Representation which
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leaves her with only a few cases in active litigation most of the time due to the Americans with

Disabilities Act. According to Kathryn, her “cases must be settled within 15 days of filing, and

hearing have to be held within 45 days of filing due to the act…the litigation aspect of my job

definitely brings me the most stress,” (Mitchell 2020). This is interesting as Kathryn’s comment

regarding her litigation stress corroborates with a journal article from “Stress and the Trial

Lawyer,” by Isaiah M. Zimmerman, which states: “Litigators experienced and defined their

pressures in a cycle of pretrial, trial, and posttrial activity…[Physical Stresses, Mental Stresses,

and Client Stresses],” (Zimmerman 1983). Here, we can see that these particular stresses are

targeted throughout the litigation process which as stated by Zimmerman: “These stresses are

usually concurrent and overlapping in the daily life of the litigator,” (Zimmerman 1983). Clearly

stated within the article, these stresses are known to have an effect on the day-to-day life of a

lawyer. However, because of the type of law Kathryn practices, the Americans with Disabilities

Act works in her favor as the litigations are usually shorter. This act has been put into place to

help serve the people who are struggling with their disabilities in a timely manner. The time it

takes cases to be settled or come to a verdict is relatively short in Special Education

Representation which ultimately may result in Kathryn’s stress being less than the average

lawyer. When asked on a scale of 1-10, 10 being the most absolute stressed and 1 being not

stressed at all, Kathryn says “I feel like on a daily basis, my stress level is around a five, but on

days that I have litigation or have to go to trial, my stress level is definitely at a 10,” (Mitchell

2020). After reading some of the statistics on the Florida Bar Association’s website, I decided to

ask Kathryn what her thoughts were on some of the statistics since she also actively practices in

the state of Florida. According to the Florida Bar Association website, “36% of lawyers abuse

alcohol, 28% have diagnosed depression, 23% experience excessive stress, and lawyers rank
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fourth in proportion of suicides by profession,” (Florida Bar Association 2020). These statistics

are not only concerning, but some are also surprising in severity. After hearing these statistics, I

asked Kathryn what her “reactions” were to them. What was interesting, was that Kathryn found

all of the statistics not surprising except for the statistic on stress. She says, “I am actually

surprised that it is that low,” (Mitchell 2020). She expected that lawyers chronically experience

more stress and were more effected by it.

Stress in lawyers is caught beginning in law school. According to the article, “Lawyers &

Depression,” by the Davenee Foundation, “Stress among law students is 96%, compared to 70%

in med students and 43% in graduate students,” (Davenee Foundation 2020). This not only

measures the severity in stress when compared to other graduate students but med students as

well, displaying the amount of stress that lawyers receive comparatively. Another interesting

statistic was additionally revealed by the Davenee Foundation. “Entering law school, law

students have a psychological profile similar to that of the general public. After law school, 20-

40% have a psychological dysfunction,” (Davenee Foundation 2020). Not only is this statistic

terrifying for someone who potentially wants to go to law school, but someone who eventually

aspires to become a lawyer one day as well. In relation to these daunting statistics, I asked

Kathryn about her law school experience with stress and how her stress differs from then to now.

“It has been a long time since I was in law school, but I remember being extremely stressed and

overwhelmed at the beginning, and then I learned how to manage that stress for the most part,

and things got easier (in terms of stress),” (Kathryn 2020). Kathryn’s day-to-day stress has a

reasonably low effect on her home life and relationships outside of her practice. She says, “Like

every job, stress can leak into other aspects of your life. It is about learning how to control and

manage your stress that determines if you let it affect your home life,” (Mitchell 2020). This is
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true, but it is intriguing to hear what my other interviewee had to say about managing his own

stress and household when it came to his law practice as it differs greatly from Kathryn’s.

The second lawyer that I interviewed was Gilmore Dutton (my uncle), a lawyer that

practices in both Kentucky and Indiana. Compared to Kathryn, his workload is much more

rigorous, and he owns his law firm versus being a solo practitioner. According to Gilmore, he

“currently [has] 80 clients in Kentucky, and 10 in Indiana, all of which [he] handles personally.

In total, [his] firm handles around 300 from Kentucky and 35 from Indiana, which are split

between four lawyers (including him),” (Dutton 2020). He also practices more varied types of

law. When asked which types he practiced, he responded with: “30% are personal injury, 20%

are domestic relations like divorce and custody, 15% are usually criminal cases, and the

remainder are civil or commercial cases over things such as land or corporations,” (Dutton

2020). Naturally, one could assume that the stress he experiences is most likely greater than

Kathryn’s simply because of the amount of cases and practices. His approach to managing his

work-related stress outside of work relies on his family giving him space and time to focus on his

job. “Practicing law is certainly not one of those jobs that starts and ends during the workday.

My practice opens at 8:30 am and closes at 5:00 pm, but most days, I am staying late to study

cases and prepare for litigation,” (Dutton 2020). Over the years, he has learned how to manage

his stress and his family has learned to “leave him alone and not to bother him the week of a

trial,” (Dutton 2020). This seems to be a common feeling and theme amongst lawyers, not just in

Gilmore’s case. According to the academic journal, “Journal of the Legal Profession,” by

“Pamela Bucy Pierson, Ashley Hamilton, Michael Pepper, and Megan Root, based on a study

conducted in 2017, “Lawyers in all types of private practice spoke of the “24/7” nature of their

work as a source of stress. Comments like “Email never shuts down,” and “You can never get
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away,” were typical,” (Pierson, Hamilton, Pepper, Root 2017). The length of time that it may

take to settle or take a case to trial typically depends on the type of law that is being practiced.

Usually, criminal matters are addressed and mostly handled within 90 days, divorce can take

longer, sometimes four to five months, and civil cases can sometimes take years to handle.

Gilmore feels similarly to Kathryn that on a day-to-day basis, his stress level is around a five,

however, on a day of a trial or during “intense litigation” his stress level often reaches a 10.

Although both of the lawyers that I interviewed claimed that they did not experience any

of the harmful and destructive consequences that can potentially stem from being a lawyer, it is

important to additionally understand that there are many people who do experience things such

as depression, thoughts of suicide, and severe stress that contributes to Secondary Traumatic

Stress Disorder (STSD) and Posttraumatic Stress Disorder (PTSD). As stated in the 2019 “Utah

Bar Journal” by Kiley Tilby and James Holbrook, “Risk factors for secondary trauma in the legal

profession include: individually being more susceptible and less resilient to secondary trauma;

having a high case-load; overworking; becoming over-extended with clients, including contact

after hours and assisting clients with non-legal tasks such as securing housing or obtaining

employment; being too empathetic; being female; having experienced personal trauma; and

having a history of mental health issues,” (Tilby and Holbrook 2019). As a working lawyer, it is

easy to become consumed by your job, especially if straight out of law school and experience

symptoms of STSD. “The American Counseling Association defines secondary trauma as “the

emotional residue of exposure...from working with people as they are hearing their trauma stones

and become witnesses to the pain, fear, and terror that trauma survivors have endured,” (Tilby

and Holbrook 2019). This statistic can be terrifying if one is struggling to manage their stress and
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workload. Learning how to do this seems absolutely crucial when it comes to being a lawyer or

handling many cases at a time.

Interviewing two lawyers to understand their experiences and perspective in addition to

researching studies conducted through academic journals has helped me comprehend the life and

daily stress of a lawyer. Lawyers no matter what kind and workload, experience stress on some

level whether daily or not. With any kind of job, there will be stress, however, when a lawyer,

one becomes more susceptible to becoming “ill” or developing a disorder due to the inability to

manage their stress and potential trauma in their life. After looking into the research and

interviews that I conducted, I have only become more aware of the potential health dangers that

are associated with legal practices and stress. This has not in any way deterred me from my goals

of law school and becoming a criminal prosecuting attorney. If anything, I have become more

intrigued by the legal practice and its associated happenings. To take away from this paper, one

must first learn how to manage their stress and learn how to balance their life in terms of break

or rest, and work. This ultimately will help prevent and avoid any of the “worrying dangers” of

legal practice.
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Works Cited

Florida Bar Association. “Health and Wellness Center.” Mental Health and Wellness Center,
2020. https://www.floridabar.org/member/healthandwellnesscenter/.

Kirby, Michael. 2015. “Lawyers’ Suicide - The Influence of Legal Studies and Practice, Stress,
Clinical Depression and Sexuality.” University of New South Wales Law Journal 38 (4):
1438–50. http://search.ebscohost.com/login.aspx?
direct=true&db=edshol&AN=edshol.hein.journals.swales38.62&site=eds-live&scope=site.

“Lawyers & Depression.” Dave Nee Foundation. Accessed September 14, 2020.
http://www.daveneefoundation.org/scholarship/lawyers-and-depression/.

Stewart, Savannah. Gilmore Dutton. Interview, 2020.

Stewart, Savannah. Kathryn Mitchell. Interview, 2020.

Tilby, Kiley, and James Holbrook. 2019. “Secondary Traumatic Stress among Lawyers and
Judges.” Utah Bar Journal 32 (3): 20–23. http://search.ebscohost.com/login.aspx?
direct=true&db=edshol&AN=edshol.hein.barjournals.ubjss0032.27&site=eds-
live&scope=site.

The US News and World Report. “Here Are the Most Stressful Jobs Out There,” 2020.
https://money.usnews.com/careers/company-culture/slideshows/the-most-stressful-jobs?
slide=3.

Zimmerman. “Stress and the Trial Lawyer,” 1983.

https://www.jstor.org/stable/pdf/29758818.pdf?refreqid=excelsior
%3A97947eadb447cce0d05ef9ce628f64bc.