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Let’s (Not) Get a Drink: Why

Decentering Alcohol Can


Transform Inclusion and
Well-being for Our Legal
Practice
Presented by the
American Bar Association
Law Practice Division
American Bar Association
ABACLE
321 North Clark Street, Suite 2000
Chicago, IL 60654-7598
www.americanbar.org
800.285.2221

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The materials contained herein represent the opinions of the authors and editors and should not
be construed to be the action of the American Bar Association Law Practice Division unless
adopted pursuant to the bylaws of the Association.

Nothing contained in this book is to be considered as the rendering of legal advice for specific
cases, and readers are responsible for obtaining such advice from their own legal counsel. This
book and any forms and agreements herein are intended for educational and informational
purposes only.

© 2024 American Bar Association. All rights reserved.

This publication accompanies the audio program entitled “Let’s (Not) Get a Drink: Why
Decentering Alcohol Can Transform Inclusion and Well-being for Our Legal Practice” broadcast
on May 6, 2024 (event code: EP2405LNG).
TABLE OF CONTENTS

1. MCLE Flyer

2. Presenter Profiles

3. Presentation Slides

4. Why Your Legal Organization's Approach to Alcohol Impacts DEI-B (ABA Law
Practice Today, February 2024)
K. Brooke Welch

5. To Increase Well-Being and DEIB, Let’s Evolve Beyond Alcohol Culture (ABA
Law Practice Today, DEI-B Issue, October 17, 2022)
K. Brooke Welch

6. Including Neurodiversity is Key to More Inclusive Workplaces (ABA Labor and


Employment Law Newsletter, June 2, 2023)
Craig Leen

7. Stepping Towards Well-being: A Seven-Point Framework to Reduce Substance


Use Disorders and Mental Health Distress in the Legal Community (ABA Well-
being Pledge, 2018)

8. Insights from the ABA Well-Being Pledge (ABA Law Practice Today, May 9,
2023)
Jonathan Beitner, Kendra Brodin, Shannon Callahan, L.O. Natt Gantt, and James
Keshavarz

9. The ABA Well-Being Pledge Turns 5: Progress made, progress needed (ABA
Journal, October 23, 2023)
Patrick R. Krill

10. Additional Well-being Resources


1
Let's (Not) Get a Drink: Why Decentering Alcohol Can
Transform Inclusion and Well-being for Our Legal
Practice [CC]

EP2405LNG
Date/Time: 05/06/2024 01:00 PM to 02:00 PM

Join us to discover why decentering alcohol can enhance organizational


Short Description belonging, equity, and lawyer well-being. Explore the broad spectrum of
reasons people choose not to drink and learn how small changes can make a
big impact.

Join this diverse panel to learn their experience on why decentering alcohol can boost efforts for
organizational belonging and equity, as well as lawyer well-being. The ABA Well-being Pledge #2 asks
organizations to disrupt the status quo of drinking-based events with a focus on substance abuse and
mental health. But there is also a broad spectrum of those who choose not to drink, spanning gender,
religion, health status, race, ability, and parenting priorities. As organizations and team members, we can
make small changes that make a big impact.
Long Description Learning Objectives:

Be able to identify the diverse spectrum of those who are impacted when professional relationship-building
is centered around alcohol.
Know how following ABA Well-being Pledge #2 aligns with the legal industry's commitment to diversity,
equity, inclusion, and belonging.
Learn pragmatic ways to create inclusive events that support those who choose not to drink.

Website Page https://www.americanbar.org/events-cle/mtg/web/438381573

Duration (minutes) 60

CLE Credits (60


1
Minute)

CLE Credit Type Substance Use Disorder Prevention CLE Credit Hours

Price

$0.00

MODERATOR K Brooke Welch Richmond VA

PANELIST Ayyan Zubair Allen & Overy LLP New York NY

Craig Edward
PANELIST Leen K&L Gates Washington DC

Skadden Arps Slate


PANELIST Shirley Diaz Meagher & Flom LLP Washington DC

Scholarships to defray tuition expense for ABACLE programs are available upon application on a program-
by-program, case-by-case basis. Preference will be given to public interest lawyers, government lawyers,
full-time law professors, solo or small firm practitioners of limited means, and unemployed attorneys.

Scholarship applications must be received at least two (2) weeks before the program start date. You will be
Scholarship Policy
notified prior to the program if your application is approved. A minimum fee may be charged on all approved
scholarship applications to defray expenses. For programs with tuition costs over $500, qualifying attorneys
will receive at least a 50% reduction in the course fee(s).

Visit the program website for more information.


2
Presenter Profiles
K Brooke Welch
Brooke Welch is the Founder & CEO of Tiny Adventures Path. She works
with organizations and individuals to embrace tiny adventures and
decenter alcohol for well-being, connection, and DEI-B. Brooke writes and
speaks on topics related to well-being, alcohol culture as DEI-B, recovery,
and mental health. She serves as Vice-Chair of the Law Practice Division
DEI-B Committee and founded the Tiny Adventures RVA Alcohol-Free
Meetup Group. ABA publications include To Increase Well-Being and DEIB,
Let’s Evolve Beyond Alcohol Culture (Law Practice Today, October 2022),
an essay in Her Story: The Resilient Woman Lawyer's Guide to Conquering Obstacles, Book 2
(2024), and Why Your Legal Organization's Approach to Alcohol Impacts DEI-B (Law Practice Today,
February 2024). Connect with Brooke on LinkedIn or send her an email at brooke@tiny-
adventures.com

Ayyan Zubair
Ayyan Zubair is an Associate in Allen & Overy LLP's New York office. He
focuses his practice on commercial litigation and white-collar
investigations. He previously clerked for Nevada Supreme Court Justice
Lidia Stiglich. Ayyan is a graduate of the University of California, Berkeley,
School of Law and Stony Brook University.

Craig Edward Leen


Craig E. Leen is a partner in the Washington, DC office of K&L Gates, where
he is a member of the Labor, Employment, and Workplace Safety practice
group and co-leads the firm’s OFCCP and Affirmative Action Compliance
area.

Mr. Leen was formerly the Director of the Office of Federal Contract
Compliance Programs (OFCCP) at the U.S. Department of Labor, where he
reported directly to the Secretary and Deputy Secretary of Labor, and
where he had a significant focus on disability inclusion and accessible
workplaces.

Mr. Leen serves as a Professor of Government Lawyering and Professorial Lecturer in Law at The
George Washington University Law School (where he teaches numerous courses including
Disability Rights Law), as Vice Chair of the District of Columbia Advisory Committee to the U.S.
Commission on Civil Rights, as Chair of the Civil and Human Rights Committee of the Bar
Association of the District of Columbia, and as Co-Chair of the District of Columbia Family Support
Council.
Prior to his federal service at OFCCP, Mr. Leen was the City Attorney of the City of Coral Gables, and
before that was Chief of the Appeals Section and then Chief of the Federal Litigation Section at the
Miami-Dade County Attorney's Office. Earlier in his career, Mr. Leen served as a law clerk to the
Honorable Robert E. Keeton, United States District Judge, District of Massachusetts.

In recognition of his public service, Mr. Leen received the Secretary's Exceptional Achievement
Award - Professional while at the U.S. Department of Labor, and the Paul S. Buchman Award for
Outstanding Contribution in the Area of Legal Public Service while in local government.

Mr. Leen is admitted to practice law in the District of Columbia, Florida, Massachusetts, and New
York, and is also board certified by The Florida Bar in city, county, and local government law.

Mr. Leen received his Juris Doctorate from Columbia Law School, graduating as a Harlan Fiske
Stone Scholar, and having served as a teaching fellow in both Contracts and Torts. Mr. Leen
received his Bachelor of Arts, cum laude, from Georgetown University, where he majored in both
Government and Economics.

Shirley Diaz
Shirley Diaz is an associate in the Washington, DC office of Skadden, Arps,
Slate, Meagher & Flom LLP; Immediate Past President of the Hispanic Bar
Association of DC; and Junior Board member of Washington Performing
Arts. She also serves on the Board of Governors of the Hispanic National
Bar Association.

At Skadden, she assists clients in navigating inquiries and enforcement


actions brought by the Securities and Exchange Commission (SEC). Ms.
Diaz handles SEC investigations on a wide range of topics, including those arising under the Foreign
Corrupt Practices Act and those related to accounting issues. Ms. Diaz is also deeply committed to
pro bono. She has been listed in the DC Bar’s Pro Bono High Honor Roll every year since her
admission to the bar. Her pro bono practice is focused on eviction defense in DC Superior Court.
She is an active member of the firm’s Latinx Affinity Network.

Ms. Diaz has a law degree from the University of California, Irvine School of Law (UC Irvine), where
she graduated with pro bono honors. At UC Irvine, she was co-chair of the Women’s Law Society,
board member of the Latinx Law Student Association, and a member of the Dean’s diversity
committee. Before law school, she was an analyst at Goldman Sachs. Ms. Diaz earned an MA in
Economics and a BA in Political Science and International Affairs from the University of Nevada,
Reno.
3
Let's (Not) Get a Drink:
Why Decentering Alcohol Can
Transform Inclusion & Well-being
for Our Legal Practice

Monday, May 6, 2024| 1:00 pm Eastern

Sponsored by the ABA


@ABAesq | www.americanbar.org
To Receive CLE Credit for this Program
You must attend the entire program; partial credit is not available.
Click on all attendance verification alerts.
Click on the evaluation link at the end of the program.
Wait for the online request-for-credit form.
Enter the email address to which you want your CLE certificates
sent.
Fill out the online request-for-credit form completely.
Select a combination of MCLE jurisdictions in which you are
seeking CLE credit.
After submission, your CLE certificates will be available for
download and will also be emailed to you.

@ABAesq | www.americanbar.org
Questions

All attendees can submit questions via the Q&A


feature in the webinar interface. There will be a
dedicated Q&A period at the end of the program.

@ABAesq | www.americanbar.org
Speakers

Shirley Diaz, Associate, Skadden, Arps, Slate,


Meagher & Flom LLP
Craig E. Leen, Partner, K&L Gates
Ayyan Zubair, Associate, A&O Sherman
K. Brooke Welch, Founder, Tiny Adventures Path
[Moderator]

@ABAesq | www.americanbar.org
Moderator:
K. Brooke Welch, JD, MALD
Founder & CEO, Tiny Adventures Path
Speaker, Trainer, Team-Builder
Former BigLaw Litigation & Non-Profit
Humanitarian Immigration Law
ABA Law Practice Division: Vice Chair, DEI-B
Committee; Member, Well-being Committee
Law Practice Today:
Why Your Legal Organization's Approach to
Alcohol Impacts DEI-B (DEI-B Issue, Feb 2024)
To Increase Well-Being and DEIB, Let’s Evolve
Beyond Alcohol Culture (DEI-B Issue, Oct 2022)

@ABAesq | www.americanbar.org
Speaker:
Shirley Diaz, JD
Associate, Skadden, Arps, Slate, Meagher &
Flom LLP
Immediate Past President, Hispanic Bar
Association of the District of Columbia
Board of Governors, Hispanic National Bar
Association.
DC Bar Diversity, Equity, Inclusion, and
Accessibility Task Force

@ABAesq | www.americanbar.org
Speaker:
Craig E. Leen, JD
Partner, K&L Gates
Disability Inclusion Advocate
Former OFCCP Director
Former Coral Gables City Attorney
GW Law Professor of Government Lawyering
and Professorial Lecturer in Law
Co-Chair, DC Family Support Council, DC
Government

@ABAesq | www.americanbar.org
Speaker:
Ayyan Zubair, JD
Associate, A&O Shearman
Practices commercial litigation, intellectual
property litigation, and white-collar
investigations.
Pro Bono practice consisting of indigent
criminal defense, immigration, and small-
business assistance matters.
Former law clerk, Justice Lidia Stiglich of the
Nevada Supreme Court
University of California, Berkeley, School of Law
and Stony Brook University.

@ABAesq | www.americanbar.org
Objectives
Be able to identify the diverse spectrum of those who
are impacted when professional relationship-building is
centered around alcohol.
Know how following ABA Well-being Pledge #2 aligns
with the legal industry’s commitment to diversity, equity,
inclusion, and belonging.
Learn pragmatic ways to create inclusive events that
support those who choose not to drink.

Note: Several slides are sourced from Tiny Adventures Path copyrighted presentations.
Please seek permission prior to any commercial use. Contact info@tiny-adventures.com.

@ABAesq | www.americanbar.org
ABA Goal III:
ELIMINATE BIAS AND ENHANCE DIVERSITY
1. Promote full and equal participation in the association, our
profession, and the justice system by all persons.

2. Eliminate bias in the legal profession and the Justice


System.

@ABAesq | www.americanbar.org
ABA Resolution 105
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.

Source: ABA Resolution 105 available at


https://www.americanbar.org/content/dam/aba/administrative/lawyer_assistance/ls_colap_2018_hod_midyear_105.pdf

@ABAesq | www.americanbar.org
LEGAL INDUSTRY DEI-B MISSION
EXAMPLE
DEI at [LAW FIRM] transcends race, gender, age, ethnicity,
sexual orientation, religion, country of origin and political
affiliation. . . . We continually strive to maintain a culture of
inclusion and belonging, a collaborative community of
diverse colleagues and allies, and connections to external
networks that support the professional development of our
diverse attorneys.

@ABAesq | www.americanbar.org
ACCESS = OPPORTUNITY
Relationship-building
Mentorship & Sponsorship
Assignments & Promotion
Leadership Roles

@ABAesq | www.americanbar.org
POLL
Do you know anyone who
doesn’t drink alcohol?

@ABAesq | www.americanbar.org
“Sometimes I Can’t Go to Bars”

@ABAesq | www.americanbar.org
RISKS OF DISCLOSURE
Other people’s biases and
conclusions.
Questions about
competence.
Decisions about
promotion.
Not invited to social
events.

@ABAesq | www.americanbar.org
62%: Had a drink last
year
74% of college-
Who educated drink
Drinks? alcohol
78% of college-
educated higher
income earners
drink ($100k+)
SOURCE: Gallup, https://news.gallup.com/poll/509501/six-americans-drink-alcohol.aspx#:~:text=WASHINGTON%2C%20D.C.%20%2D%2D%20The%2062,Gallup%20has%20tracked%20this%20measure.

@ABAesq | www.americanbar.org
LEGAL INDUSTRY DATA
80%: Identify as current drinkers
20%: Non-drinkers
21%: Struggle with problematic drinking (ABA/Hazelden)
55+%: Women attorneys engaging in risky drinking
32%: Lawyers under age 30 qualified as problem drinkers

Krill PR, Johnson R, Albert L. The Prevalence of Substance Use and Other Mental Health Concerns Among AmericanAttorneys. J Addict Med. 2016; 10(1):46-52tm ‘ Anker J, Krill PR
(2021) Stress, drink, leave: An examination of gender-specific risk factors for mental health problems and attrition among licensed attorneys. PLoS ONE 16(5): e0250563.
https://doi.org/10.1371/journal.pone.0250563

@ABAesq | www.americanbar.org
"Primary predictors
of risky drinking for
both men and
women included
workplace
permissiveness
toward alcohol and
COVID impact"
Krill PR (2021) Stress, drink, leave: An examination of gender-specific risk factors for mental health
problems and attrition among licensed attorneys. PLoS ONE 16(5): e0250563.
https://doi.org/10.1371/journal.pone.0250563g

@ABAesq | www.americanbar.org
AMERICAN BAR ASSOCIATION
Up to 41% of Members are Impacted
400,000: ABA members
84,000: members with
problematic drinking
80,000: members who do not
drink

= 164,000: members impacted (41%)

@ABAesq | www.americanbar.org
Who Is Impacted?
Recovery Ability
Gender Trauma Survivors
Religion Lifestyle
Race Care-givers
Health Status Financial Priorities

Source: Why Your Legal Organization's Approach to Alcohol Impacts DEI-B, K. Brooke Welch, Law Practice Today DEI-B Issue (Feb 2024)

@ABAesq | www.americanbar.org
POLL
Do you know about the ABA
Well-being Pledge?

@ABAesq | www.americanbar.org
ABA Well-being Pledge

@ABAesq | www.americanbar.org
@ABAesq | www.americanbar.org
2. Disrupt the status quo of
ABA drinking-based events:
• Challenge the expectation that all events
WELL-BEING include alcohol; seek creative alternatives.
• Ensure there are always appealing
PLEDGE #2 nonalcoholic alternatives when alcohol is
served.

ABA: STEPPING TOWARDS WELL-BEING: A SEVEN-POINT FRAMEWORK TO REDUCE SUBSTANCE USE DISORDERS AND MENTAL HEALTH DISTRESS IN
THE LEGAL COMMUNITY

@ABAesq | www.americanbar.org
Who Is Impacted?
Recovery Ability
Gender Trauma Survivors
Religion Lifestyle
Race Care-givers
Health Status Financial Priorities

Source: Why Your Legal Organization's Approach to Alcohol Impacts DEI-B, K. Brooke Welch, Law Practice Today DEI-B Issue (Feb 2024)

@ABAesq | www.americanbar.org
PANELIST DISCUSSION

@ABAesq | www.americanbar.org
Programming & Budget Audit
Focus on Connection &
What Can Experiences
Organizations Equity in beverage options &
separate placement
Do? Location & Time of Day
Program Titles & Descriptions

@ABAesq | www.americanbar.org
WHAT CAN I DO?
Exercise empathy & compassion for your colleagues who do
not drink or may be in recovery.
Think twice: Are you defaulting to drinks after work with
colleagues or mentees? Who may be excluded or
uncomfortable?
Pause: Are you inadvertently pressuring your colleagues to
drink with comments at work events (“Why aren’t you
drinking?”)
Encourage leadership to provide equity in alcohol-free options
at events and experience-oriented relationship-building.

@ABAesq | www.americanbar.org
QUESTION & ANSWER

@ABAesq | www.americanbar.org
Summary Takeaways
The legal industry’s default to alcohol for relationship-building
impacts well-being and inclusion, as well as professional
success.
ABA Well-being Pledge #2 is an existing commitment by 200+
legal organizations.
Organizations and individuals can make intentional changes
that impact up to 41% of their valued staff and colleagues.

@ABAesq | www.americanbar.org
Shirley Diaz:
Let’s shirley.diaz@skadden.com

Connect Craig E. Leen:


craig.leen@klgates.com
K. Brooke Welch:
brooke@tiny-adventures.com Ayyan Zubair:
Includes hyperlink to LinkedIn profiles. ayzubair@berkeley.edu

@ABAesq | www.americanbar.org
4
Why Your Legal Organization's Approach to Alcohol Impacts DEI-B1
K. Brooke Welch, JD, MALD

What if we could improve inclusion and support professional access for 20% of our legal
community?

What if we could impact a spectrum of valued colleagues that transcends race, gender,
religion, health status, ability, trauma experience, and lifestyle?

What if - at the same time - we could support the well-being of our legal community?

We CAN: By decentering alcohol for our professional relationship-building.

The Status Quo

Alcohol has long been a staple of our legal culture. Starting in law school, we’re taught
that alcohol is a solution for both connection and coping with stress. As a tool for
connection, alcohol can alleviate social anxiety and provide a sense of camaraderie for
many people. It’s used as a lubricant to create a sense of comfort for awkward
networking events. Alcohol is a constant at our conferences, evening workplace events,
and retreats.

In fact, 80% of attorneys drink alcohol, compared to the national average of 62%. So,
it’s not unusual that many legal professionals prefer events that serve alcohol.

But, what about the 20% who do not drink? Who are they? And, who are drinkers that
prefer an alternative to connecting with alcohol, either short-term or just for one day?
Often, it’s the very people we want to support, recruit, promote, and retain.

The Diverse Spectrum

In 2019, I founded the Tiny Adventures Social RVA (Alcohol-Free) Meetup group in
Richmond, Virginia. As an alcohol-free group, I assumed we would attract people in
recovery for alcohol and substance abuse. But, I was wrong! Those in recovery
represent a small percentage of our 500+ current members. Instead, I learned there is a
diverse spectrum of non-drinkers and drinkers who value connecting without alcohol.
1
First Published by ABA Law Practice Today (February 20, 2024)
Direct Link:
:https://www.americanbar.org/groups/law_practice/resources/law-practice-today/2024/february-2024/why-your-lega
l-organizations-approach-to-alcohol-impacts-deib/
I started to research and, over time, compiled an ever-growing list that impacts our
workplace:

1. Recovery (Alcohol & Substance Use Disorder)


2. Gender
3. Religion
4. Race
5. Health Status
6. Trauma Survivors
7. Lifestyle
8. Ability
9. Care-givers
10. Financial Well-being

It’s uncanny how this list dovetails with so many DEI mission statements. In a prior
article, I discussed several of these categories. Since then, I learned how alcohol
culture also impacts disability inclusion, care-givers, and financial well-being.

● Neurodiversity is a growing DEI-B topic in the legal sector. Haley Moss, an


advocate for disability inclusion and neurodiversity, wrote a powerful article in
Fastcase revealing a tool for managing her autism: she does not drink in
professional settings to cope with loud, crowded, and often overwhelming events.

● While creating resources and programming to support care-givers, a professional


development leader discovered an unexpected request: Parents value
non-alcoholic options and non-evening events because they want to spend time
and be present with their children.

● The financial outlay of “getting drinks” affects those with lower pay, student loans,
or family obligations. A recent Gallup study shows that alcohol use increases with
college education, peaking at those with $100k+ income.

If we pay attention, we’ll recognize that non-drinkers, as well as drinkers with personal
reasons to choose non-alcohol alternatives, are all around us.

Privacy

Disclosure is also a real issue. Who wants to reveal their efforts at recovery with senior
leadership? Or their family history with breast cancer? Or their experience with sexual

2
assault? Who wants to divulge their early-stage pregnancy? Or their disability? Who
wants to risk stigma and being treated like an “other”?

In 2021, I decided to publicly disclose my recovery status in my profession … after


nearly 14 years of sobriety. It took a startling figure in the Stress, Drink, Leave report to
find the courage: nearly 56% of women attorneys were engaging in risky drinking; 34%
in hazardous drinking. I felt called to service. But, it’s been a vulnerable and, often
lonely, road. For now, it’s prudent for most legal professionals in recovery to maintain
their privacy.

Before my decision, I involuntarily disclosed in two different workplaces because the


leadership created drinking-centric events. One involved a beer-oriented bar, which I
discussed in my earlier article. Another organization hosted a happy hour at their
headquarters for (mostly female) senior leaders from all over the country. Bafflingly, they
only offered wine. I ended up awkwardly standing in the kitchen by the water cooler.
Soon thereafter, I left the organization.

Professional Opportunity

How does this impact professional opportunity? At its core, access = opportunity.
Initiatives such as the Inclusion Footprint acknowledge this reality, seeking to ensure
“fair and equal access to quality work, influential people, and other opportunities.”

A default to alcohol culture is an under-explored factor in access: If we’re not connecting


socially with our leaders and teams, we are less likely to attract:

● Mentorship & Sponsorship


● Quality Assignments & Promotion
● Leadership Roles

We get the message early on that drinking provides access to important relationships.
In his Exploring Sobriety blog, Benya Clark observed that “nearly every single day there
was at least one event at my school that had free beer or wine” and countless law
school club events centered around drinking.

Thankfully, a number of law schools are evolving in their sponsored events, but a recent
Bloomberg article by Jessica Blaemire noted that drinking may simply move off-campus.
Almost a quarter (23%) of law students increased alcohol usage because of law school
related issues.

3
Diversity programs can also be tone-deaf about how alcohol culture impedes access to
their own leaders. Happy hours are ubiquitous at industry conferences. Wine-tasting is a
favorite among women’s affinity groups. I know trailblazing women leaders who cling to
a wine-tasting fundraiser “tradition.”

Unsurprisingly, I hear from non-drinkers about a pressure to fit in, pretending to drink,
being asked “what are you drinking,” or simply not attending alcohol-oriented events. As
Haley Moss noted, “There is a distinct pressure to drink, even when you have a
disability. There is a desire to fit in, to avoid the difficult questions, fit in, or impress
someone who has influence in your industry.”

And leaders set these cultural expectations. One well-meaning leader earnestly told me
that “mocktails” support non-drinkers so “people don’t know you’re not drinking.” Sadly,
one non-drinking minority attorney relayed to me a story where a partner said “I don’t
trust people who don’t drink.” He left the firm.

Data published in the Harvard Business Review linked high belonging to “a whopping
56% increase in job performance, a 50% drop in turnover risk, and a 75% reduction in
sick days.” We are missing ways to improve belonging by shifting our approach to
alcohol.

What Can Leaders Do?

To date, much of the changes related to alcohol policies arise from shocking data about
substance abuse and mental health in the legal profession. Over 200 organizations are
signatories of the ABA Well-being Pledge with a promise to “disrupt the status quo of
drinking-based events.” A recent article in Law Practice Today showed progress with
providing non-alcoholic options and activity-based events.

But a well-being focus is not enough. It’s time to expand our WHY to inclusion,
belonging, professional success, recruiting, and retention for 20+% of your employees:
the diverse spectrum of non-drinkers.

Organizations can:

● Educate DEI-B leaders, in collaboration with Well-being, HR, and event staff.
● Engage ERG/affinity group leaders and members for feedback and insight.
● Evaluate existing social norms for mentorship and internship programs.
● Train managers and include in orientation programming.

4
And, on a personal note, please consider how to holistically support those in recovery
for alcohol and substance abuse disorders with compassion, policies, and practices.
See my recent LinkedIn post for more detail.

We have a tremendous opportunity to align our DEI-B values for the spectrum of team
members who are impacted when we default to alcohol for connection. As organizations
and individuals, we can adapt the ABA Well-being Pledge #2 in a DEI-B dynamic. In this
way, we can create a culture that supports professional access, social connection, and
meaningful relationships.

5
5
To Increase Well-Being and DEIB, Let’s Evolve Beyond Alcohol
Culture
BY K. BROOKE WELCH ON OCTOBER 17, 2022 ·

First published by ABA Law Practice Today, DEI-B Issue (October 17, 2022), available at
https://www.lawpracticetoday.org/article/to-increase-well-being-and-dei-lets-evolve-beyond-alcohol-
culture/

The “Other”

“Sometimes I can’t go to bars.” That text message is how my boss and the “big boss” learned that
I’m in recovery for alcohol use disorder. I kept this personal information private at my workplace up
until that point. But, I didn’t know what else to do in this situation. The big boss expected all staff
members to attend the special treat she announced at our monthly Friday meeting: A sponsored
happy hour at “Max’s Taphouse.”

I tried. I walked down with my colleagues. I sat down. And, I started to review the menu. Beer, beer,
and more beer. Rows of beer taps at every view. I couldn’t handle it. I abruptly left. I ran into the big
boss on the way out and I lied to her. I said that I forgot something at the office. She told me that I
better hurry back. But, I didn’t. I stayed at the office, feeling nervous and excluded.

Then, the text came in from my boss: “Where are you? You need to be here.” I knew she was right.
But, that wasn’t an option for me at that particular moment. I needed some spiritual preparation to go
into an alcohol-oriented experience. I simply could not transition quickly enough for a spontaneous
gathering. And, thus, I sent the text, outing myself.

On Monday, the big boss invited me to her office and closed the door. She apologized somewhat,
but it was awkward. I was now an official “other.”

In addition to unnecessarily disclosing my private medical history, I also had good reason to keep
this information to myself. Stigma. The reaction to recovery for alcoholism and mental health issues
varies. But, there’s usually a post-news adjustment period, even among kind and compassionate
colleagues and friends. “Should we invite Brooke to …?” Some even react defensively about their
own drinking, as if it’s about them. Some react with condescending pity (“Good for you!”). Frankly, I
wanted to avoid each of these scenarios in my workplace.

Today, I’m open to sharing my experience with overcoming these obstacles to help others. But, it’s
still uncomfortable. I know that I’m exposing myself to being an “other.” And, I do miss out on certain
relationship-building opportunities.
Alcohol Use is a Proven Well-Being Risk in the Legal Profession

This incident, as well as my original well-being crisis, occurred before the lawyer well-being
movement gained its recent momentum. Thanks to dedicated advocates and researchers, the
American Bar Association (ABA) Commission on Lawyer Assistance Programs and Hazelden Betty
Ford Foundation published a 2016 study putting data behind an anecdotal understanding. The
survey found that between 21-36% of lawyers qualified as problem drinkers, and that at least 20%
struggled with some level of depression, anxiety, and stress.

ABA lawyer well-being advocates kicked into gear, forming a Presidential Working Group to
Advance Well-Being in the Legal Profession in September 2017, releasing the The Path to Lawyer
Well-Being: Practical Recommendations for Positive Change, Well-being Toolkit for Lawyers & Legal
Employers, and launching the seven-point ABA Well-Being Pledge. The pledge made clear: the legal
profession needs to disrupt the emphasis on alcohol at events. The pledge signatories (now over
200 firms and law schools) committed to challenge the expectation that all events include alcohol
and to seek creative alternatives.

While there is progress (mocktails, anyone?), the recent Stress, Drink, Leave study, released in May
2021 and sponsored by the DC Bar and California Lawyers Association, stressed the “seeming
omnipresence of alcohol within law firm gatherings and other professional events.” Indeed, the study
found that workplace attitudes and permissiveness toward alcohol use were primary predictors of
risky drinking among men and women.

Organizational Belonging is Key to Well-being

Importantly, the Path to Well-Being report also highlighted a sense of organizational belongingness
as a key contributor to well-being, defined as feeling personally accepted, respected, included, and
supported by others.

The report observed that social support from colleagues can serve as a protective factor for coping
with stress and preventing burnout. Relationships counteract disconnection and isolation, which is
an important factor in today’s COVID-impacted hybrid working dynamic.

Emphasizing Alcohol for Relationship-Building Undermines DEIB Goals

For many, alcohol inspires a sense of belonging and conviviality. The legal profession has long
defaulted to emphasizing alcohol for connection and coping (e.g., “Happy Hours,” “Bar Reviews,”
networking receptions). An event without alcohol present can be rare, even with experience-based
activities. The “&” is pervasive in our society (i.e. Bowling & Beer, Cooking & Wine Pairing).
But, who does not belong when workplace social events emphasize alcohol? Who is potentially
excluded from relationship-building that can advance their career, as well as improve their well-
being?

Despite so much recent commitment and innovation related to DEIB, many workplaces ignore the
elephant in the room: under-represented attorneys are most impacted by this default to alcohol,
particularly when access to organizational leaders is limited.

Starting in 2019, I learned first-hand about the diversity of non-drinkers and those who prefer to
connect without alcohol by starting a Meetup group in Richmond, Va. The group, “Tiny Adventures
RVA,” is intentionally sober-friendly and embraces being present, engaged, and open to new
experiences and connections. With over 70 events, we’ve explored so many alcohol-free “tiny
adventures” around Richmond. Events include hikes, museum crawls, and even online and in-
person improv. We have so much fun and rarely even talk about alcohol during events. We’re too
busy connecting.

When I started the Meetup group, I expected to attract members in recovery for substance abuse
and alcohol use disorder (which does qualify as a workplace disability). The diverse interest level
surprised me and I learned something important. There is a wide spectrum of motivations to seek
connection without emphasizing alcohol. In fact, the majority of active members are not in formal
substance abuse recovery. Here are evidence-based examples that mirror my experience.

1. Medical & Gender

The National Institute for Health reports these categories should avoid alcohol intake:

■ Taking medications that interact with alcohol (including, among others, medication for
coronary heart disease, anxiety, epilepsy, ADHD, depression (26 medications!),
diabetes, and high blood pressure).
■ Managing a medical condition that can be made worse by drinking.
■ Recovering from alcohol use disorder or unable to control the amount you drink.
■ Pregnant or might be pregnant.

2. Race, Religion, & Generation

Alcohol-driven events can exclude those traditionally under-represented in the legal profession.
Caucasians drink more than any other demographic group: 70%, compared to under 60% for
Hispanic, Black, American Indian or Alaska Native, Native Hawaiian or Other Pacific Islander, and
Asian people. The 2015 “What Makes Lawyers Happy” study also found Caucasian lawyers
consumed the most alcohol and African Americans the least.
My Meetup group members also include those who choose not to drink based on their religion (i.e,
Islam, Latter Day Saints). A recent LinkedIn article provides insight into the “predicament” for
Muslims in the workplace.

There is also a generational shift. In the US, the increase in those abstaining from alcohol is largely
driven by 21-34 year olds.

3. Safety

Even drinkers may avoid alcohol-focused activities for safety and/or trauma reasons. Approximately
one in four women have experienced sexual assault, and studies estimate that 50% of those cases
involve alcohol consumption by the perpetrator, victim, or both.

In addition, alcohol use is associated with perpetration of and victimization from verbal and physical
workplace aggression, as well as experiencing microaggressions by people of color.

Emphasizing Alcohol Creates Pressure to “Fit In”

The Stress, Drink, Leave study found that approximately 80% of men and women identified as
current drinkers, which shows the prevalence of alcohol in the industry. But, how many actually want
to drink at work events?

A recent study in the UK by Drinkaware highlighted the pressure by colleagues to drink, in order to fit
in and belong. The data is revealing: two in five (43%) working adults reported drinking more alcohol
than they intended at work events. Nearly two-fifths (38%) drank more because they did not want to
seem impolite by refusing a drink. More than half (53%) said they would like there to be less
pressure to drink.

This type of study does not exist in the legal industry, but, given the elevated level of alcohol use,
results could be similar. Based on recent conversations with peers, they felt the pressure to drink
starting in law school.

In addition, non-drinkers may feel pressured to attend alcohol-oriented events in order to ensure
they are viewed as team players. According to research by Niznik Behavioral Health, among people
who preferred not to drink at work events, 22% made excuses to get out of their obligation to attend,
14% avoided attending, and 12% pretended to drink. Nearly 38% of those who prefer not to drink
indicated a concern of being judged negatively if they did not show up. What if your mentor says,
“Let’s get a drink?”

My personal experience echoes this study. The “Max’s Taphouse” incident happened several years
ago. Yet, I will not be attending or promoting an event this month because it is a wine-tasting
fundraiser.
A Way Forward

We don’t need to reinvent the wheel. The ABA pledge provides a seven point framework, including
pledge #2 to disrupt alcohol-oriented events by seeking creative alternatives and providing non-
alcohol options at events. The initial aim of the pledge, however, was to support substance abuse
and mental health awareness, education, and policies.

Now it’s time to intentionally treat this pledge as supporting DEIB, as well.

Let’s emphasize connection and de-emphasize alcohol. I challenge leaders to ask themselves: Is
alcohol needed for this relationship-building event? How can I decrease the focus on alcohol for
social bonding in my team?

My hope and vision is a cultural shift where it doesn’t matter if you’re a drinker or non-drinker. It’s
just not an issue because alcohol is not a centerpiece. “Fitting in” doesn’t require adapting to a
drinking social norm. Because we all fit.
6
June 02, 2023

Including Neurodiversity is Key to


More Inclusive Workplaces
Craig Leen

Share:

    
If your field is labor and employment law, there is a good chance you’ve been
asked to provide counsel in developing Diversity, Equity and Inclusion (DEI)
programs. DEI programs are extraordinarily important in helping promote
important principles such as equal employment opportunity, pay equity, and
inclusive workplaces, to name a few. They are also subject to legal limitations
found in laws like Title VII, so legal advice related to DEI is necessary as well.
One point that is not often raised about DEI programs is that they usually do
not include any focus on disability. Indeed, according to the Harvard Business
Review, only about 4% of DEI programs include disability. This is concerning as
people with disabilities are significantly underrepresented in the workforce,
facing low labor force participation rates, higher unemployment rates, and a
material pay gap. Indeed, when looking at numbers from the Bureau of Labor
Statistics, it becomes clear that individuals with disabilities are the largest
source of underutilized skilled labor in the United States. This is why it is
important to add the A for Accessibility to DEI, to help ensure that disability is
included in DEI, and that individuals with disabilities are fully included in the
workforce. Thankfully, the current federal guidance in this area establishes a
federal commitment to DEIA, including Accessibility, through Executive Order
14035.

Taking this analysis one step further, it is even more infrequent for DEI
programs to include neurodiversity. What is neurodiversity, you may ask? The
best definition I’ve seen is provided by the Neurodiversity in the Workplace
resource from the Employer Assistance and Resource Network on Disability
Inclusion (EARN), a resource provided by the U.S. Department of Labor. Here is
what EARN says: “Neurodiversity describes the natural way that people think,
learn, perceive the world, interact and process Including information
differently. Different ways of thinking, learning, perceiving the world and
interacting with others helps organizations thrive, as a workforce that includes
people with a variety of perspectives, backgrounds and experiences can
improve creativity, innovation and problem solving. Neurodivergent people
include autistic people; people with attention deficit hyperactivity disorder
(ADHD), post-traumatic stress disorder (PTSD) and other mental health
conditions; and people with learning disabilities. This group also includes
people with other intellectual and developmental disabilities and a wide range
of conditions that can shape thinking, learning and perceiving the world. In
contrast, people whose brains and nervous systems function ‘typically’ are
known as neurotypical people. A workplace that supports all types of ways to
think, learn, interact and perceive the world supports neurodiversity.”

As indicated by EARN, approximately 15-20% of the US population is


neurodivergent. That is literally tens of millions of people. Including
neurodiversity in DEIA helps include these many individuals in DEIA, also
helping ensure that many non-apparent disabilities that are often not spoken
about in the workplace are no longer stigmatized. This creates an environment
where neurodivergent employees may feel more comfortable seeking
supports and accommodations without fear of retaliation, helping increase
productivity as well as enhancing inclusion and belonging.

In terms of the legal profession in particular, it is notable that only 1.41% of


lawyers at law firms self-identify as having a disability (according to the 2022
NALP Report on Diversity in U.S. Law Firms). Yet a 2016 study from the Journal
of Addiction Medicine indicated that far higher numbers (well over a majority
of attorneys in total) reported having ADHD or mental health conditions such
as anxiety, depression, panic disorder, and bipolar disorder, all of which are
considered to be disabilities within the definition of neurodivergence.

These numbers show that many attorneys with non-apparent disabilities are
not disclosing them. The point is that as much as any workplace, law firms
should strongly consider Neurodiversity in the Workplace programs. These
programs can help encourage attorneys to be more open to self-identifying
and seeking support and accommodations that will help them thrive in the
workplace and in life. I would like to conclude with a personal anecdote. My 18-
year old daughter Alex is profoundly autistic with an intellectual disability, and
she often uses a wheelchair in public places. Some things she loves are the
outdoors, restaurants, music, Disney movies, and participating as a Duo Team
with me in the Marine Corps Marathon (which is such an incredibly accessible
marathon and we’ll be competing together for the third time this year!). When
we are going to visit a place, we often check online to see if they have a
Neurodiversity or Autism Inclusion program, as well as whether it is an
Accessible space where she will feel included and welcomed. We’ve done this
at movie theaters, restaurants, and even a family cruise vacation. It is amazing
how much you can learn about a place, company, or law firm from its website,
and from whether it has a DEIA program that includes disability and
neurodiversity. Take the important steps to have a DEI program, to include the
A, and to include neurodiversity, and let your workforce know you are
dedicated to having a most welcoming workplace for everyone.

Authors
Craig Leen
Partner, K&L Gates
Craig Leen is a partner at K&L Gates in the Labor, Employment and Workplace Safety
practice group, practicing out of its DC office. He served formerly as Director of the
Office of Federal Contract Compliance Programs at the U.S. Department of Labor,
and previously as City Attorney of the City of Coral Gables. Craig is a Professor of
Government Lawyering and Professorial Lecturer in Law at George Washington Law
School and serves on various boards and committees, including in the disability
inclusion area, and as Chair of the Civil and Human Rights Committee of the Bar
Association of the District of Columbia

ENTIT Y:
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TOPIC:

L ABOR AND EMPLOYMENT

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inclusive-workplaces
7
Challenging the Status Quo:

A Campaign of Innovation to
Improve the Substance Use
and Mental Health Landscape
in the Legal Community

To better support the vital role that


judges and lawyers play in the proper
functioning of society, the economy,
and government, and to ensure the
long-term health and well-being of
those in the legal community
(including judges, lawyers, staff, and
students), our mission is to reduce
the incidence of problematic
substance use and mental health
distress, challenge the stigma
surrounding those issues, and
improve the overall well-being of the
legal community.
STEPPING TOWARDS WELL-BEING:
A SEVEN-POINT FRAMEWORK TO REDUCE SUBSTANCE
USE DISORDERS AND MENTAL HEALTH DISTRESS IN THE
LEGAL COMMUNITY
The Pledge:

Recognizing that high levels of problematic substance


use and mental health distress present a significant
challenge for the legal community, and acknowledging
that more can and should be done to improve the health
and well-being of those in the legal community
(including judges, lawyers, staff, and students),
we, ____________________________________________,
hereby pledge our support for this innovative campaign
and will work to adopt and prioritize its seven-point
framework for building a better future.
1. Provide enhanced and robust education to everyone in the
organization (including judges, lawyers, staff, and students)
on topics related to well-being, mental health, and
substance use disorders.
2. Disrupt the status quo of drinking-based events:
• Challenge the expectation that all events include
alcohol; seek creative alternatives.
• Ensure there are always appealing non-
alcoholic alternatives when alcohol is served.
3. Develop visible partnerships with outside resources committed
to reducing substance use disorders and mental health distress
in the legal community: healthcare insurers, lawyer assistance
programs, EAPs, and experts in the field.
4. Provide confidential access to addiction and mental
health experts and resources, including free, in-
house, self-assessment tools.
5. Develop proactive policies and protocols to support
assessment and treatment of substance use and
mental health problems, including a defined back-to-
work/school policy following treatment.
6. Actively and consistently demonstrate that help-seeking
and self-care are core cultural values, by regularly
supporting programs to improve physical, mental and
emotional well-being.
7. Highlight the adoption of this well-being framework to
attract and retain the best individuals in the organization
(including judges, lawyers, staff, and students).
8
Insights from the ABA Well-Being Pledge

BY JONATHAN BEITNER, KENDRA BRODIN, SHANNON CALLAHAN, L.O. NATT


GANTT, AND JAMES KESHAVARZ ON MAY 9, 2023 ·

First published in ABA Law Practice Today, Well-being Issue (May 2023). Direct link:
https://www.lawpracticetoday.org/article/insights-from-the-aba-well-being-pledge/

*Disclaimer: The authors of this article wrote on their own thoughts and opinions and did

not write for the opinion of the ABA.

The ABA Well-Being Pledge for legal employers serves as a key element in the growing

well-being movement in the legal profession. The pledge traces its roots to the

groundbreaking 2017 report of the National Task Force on Lawyer Well-Being, The Path

for Lawyer Well-Being: Practical Recommendations for Positive Change. In September

2017, immediately following the ABA’s adoption of Resolution 105 in support of the

report, the ABA formed the Working Group to Advance Well-Being in the Legal

Profession to promote the report’s recommendations for legal employers and encourage

their implementation.

The working group identified commitments legal employers should make to implement

the Report’s recommendations. These commitments formed the basis of the pledge’s

seven-point framework adopted in 2018. This framework, repeated below, remains

intact in 2023 except for minor revisions in 2022 to clarify that the pledge applies to

everyone working or studying with a legal employer, including judges, lawyers, staff,

and students:

■ Provide enhanced and robust education to everyone in the organization


(including judges, lawyers, staff, and students) on topics related to well-
being, mental health, and substance use disorders.
■ Disrupt the status quo of drinking-based events: • Challenge the
expectation that all events include alcohol; seek creative alternatives. •
Ensure there are always appealing nonalcoholic alternatives when alcohol
is served.
■ Develop visible partnerships with outside resources committed to reducing
substance use disorders and mental health distress in the legal community:
health care insurers, lawyer assistance programs, EAPs, and experts in the
field.
■ Provide confidential access to addiction and mental health experts and
resources, including free, in-house, self-assessment tools.
■ Develop proactive policies and protocols to support assessment and
treatment of substance use and mental health problems, including a
defined back-to-work/school policy following treatment.
■ Actively and consistently demonstrate that help-seeking and self-care are
core cultural values, by regularly supporting programs to improve physical,
mental, and emotional well-being.
■ Highlight the adoption of this well-being framework to attract and retain the
best individuals in the organization (including judges, lawyers, staff, and
students).

After formulating these commitments, the ABA launched a campaign in 2018 to recruit

legal employers to sign the pledge. Twelve law firms (Akin Gump Strauss Hauer & Feld

LLP; Corette Black Carlson & Mickelson P.C.; Duane Morris LLP; Honigman LLP;

Latham & Watkins LLP; Morgan, Lewis & Bockius LLP; Nixon Peabody LLP; Perkins

Coie LLP; Reed Smith, LLP; Seyfarth Shaw LLP; Snell & Wilmer LLP; and Wiley Rein

LLP) agreed to be the initial pledge signatories, and the group of signatories has grown

steadily since then (209 at the time this was written).

The ABA Commission on Lawyer Assistance Programs (CoLAP) assumed

administration and oversight of the pledge campaign and soon realized that it needed to

institute a process for signatories to reaffirm their commitment to the pledge’s seven-

point framework and report on the progress made at their respective institutions in

advancing the steps outlined in each commitment. This process first occurred in spring

2020, right during the beginning of the COVID-19 pandemic. In a chapter of Human
Capital in the Legal Ecosystem, published in 2020, Bree Buchanan and Jonathan

Beitner examined the information gathered in that first recommitment -process. Since

that first process, CoLAP, through its Well-Being Pledge Committee has overseen two

more recommitment processes and is currently in the midst of its third.

This article summarizes and analyzes the abundant data contained in the 2022

recommitment form responses. The committee made several revisions to the 2022

recommitment form and process, including revising certain questions and updating the

submission process to make data collection easier. Throughout the summer of 2022,

203 pledge signatories submitted recommitment forms, up from 179 in 2021. In these

responses, signatories affirmed their commitment to the pledge’s seven-point

framework, reported on the well-being programming and initiatives they have

undertaken at their respective institutions, and offered recommendations on well-being

speakers and resources for legal employers.

Below we summarize the responses to the 22 substantive questions on the

recommitment forms. The first two such questions ask the signatories for profile

information; the next 14 questions ask about their compliance with the seven-point

framework; and the final six ask about their challenges in implementing the framework,

their suggestions for ABA well-being resources, and their recommendations of well-

being speakers, vendors, and programs. We then discuss key takeaways from these

responses, particularly as they compare with the 2021 responses; and offer suggestions

for how those in the well-being movement might respond to this data to improve well-

being in legal education, the legal profession, and the judiciary.

Summary of Responses
Profile of Signatory Respondents

Most signatories to the pledge are large law firms, with over half of the respondents

(52.22%) coming from firms with over 500 lawyers and employees and another 17.73%

coming from firms with 150 – 499 employees. The only other category with more than

10% was law schools (14.78%). Corporate legal departments, bar associations,

government entities, small law firms (1 – 49 employees), and mid-sized firms (50 – 149

employees) each made up 5% or less of the reporting signatories.

Signatories took many different approaches when it came to assigning the department,

person, or committee to manage their well-being initiatives; and many signatories

adopted a multi-pronged approach, with stakeholders from multiple departments, roles,

and levels of seniority tasked with running these initiatives. This multi-pronged approach

was reflected by the fact that, on average, signatories selected 2.25 options when

indicating which department in their organization was assigned to its well-being

initiatives.

A majority of signatories (68.47%) had HR or a benefits professional oversee their well-

being offerings. Professional development/talent management staff (44.33%) and well-

being committees (43.84%) were the next most-commonly selected options. Of the 30

law schools that provided data, 25 (83.33%) had a dean of students or a student affairs

office overseeing the school’s well-being efforts.

Pledge Point 1—Providing Education


Virtually every signatory (99.01%–all but two) reported that they were providing to all

those in their organization educational opportunities on topics related to well-being,

mental health, and substance use. In addressing specific topics, the vast majority

provided programming around mindfulness/meditation (92.12%), stress management

(90.64%), signs and symptoms of mental health and substance use issues (90.64%),

physical health and exercise (89.16%), and strategies for handling challenges caused

by the pandemic (87.68%). Other popular topics covered included resilience (76.35%),

financial well-being (76.35%), nutrition (73.89%), burnout (73.40%), and the connection

between well-being and diversity, equity, and inclusion (63.55%). Although fewer

signatories reported providing resources around suicide prevention (38.92%) and

mental health first aid/responder training (36.95%), both topics were cited more often in

2022 than they were in 2021.

In further describing their approaches, many signatories noted different strategies to

avoid relying too heavily on one-off programs or events. These included having a

months- or year-long campaign around mental health or other well-being topics; having

different themes throughout the year (either monthly, bi-monthly, or quarterly) to

structure their programming; and multi-program workshops (either throughout the year

or in a condensed “boot camp” or orientation setting). Many signatories also referenced

an increase this year in resources about “returning to work” or dealing with the

challenges of a hybrid work environment.

Pledge Point 2—Reducing Alcohol Consumption

The vast majority of signatories (95.07%) reported that they took steps to challenge the

status quo and de-emphasize the expectation of alcohol at events, with only 10 (fewer
than 5%) failing to do so. The most commonly cited strategies were holding activity-

based events (76.85%), holding events during the day (70.94%), emphasizing specialty

foods or non-alcoholic beverages at events (69.46%), and changing the language used

to describe/market events (64.04%). As for other strategies, over half of signatories

(56.16%) held more volunteering-based events; slightly over a quarter (25.12%) said

they used drink tickets, reduced serving hours, or had cash bars to limit consumption;

and 20.69% checked “other” in response to this question. On average, signatories

identified nearly four strategies.

In the comments, several signatories noted that they held few, if any, social events

because of the pandemic; and this could explain why so many signatories listed “other”

as a strategy they used to de-emphasize alcohol. One idea was including a member of

the organization’s event-management team on the well-being committee to help ensure

well-being related issues are being considered when planning and holding events.

Pledge Point 3—Partnering with Outside Entities

Most signatories (93.59%) reported partnering with outside entities committed to

reducing substance use and mental distress in the legal community. Those outside

entities included Employee Assistance Programs (87.68%); external experts,

consultants and coaches (76.84%); third-party benefits providers (67.48%); lawyer

assistance programs (LAPs) (54.67%); external mental health professionals (52.21%);

the ABA and other bar associations (42.36%); hospitals or health systems (38.42%);

mental health organizations (20.68%); university counseling centers (11.82%); and

“other” partners (10.83%).


Other partners included the recently formed not-for-profit organization, the Institute for

Well-Being in Law (IWIL), onsite mental health counselors, and clients similarly

concerned about well-being issues. In particular, seven firms reported partnering with

their client U.S. Bank to form a roundtable and develop outside counsel engagement

guidelines. Those guidelines promote mental health and positive engagement with

clients and outside counsel by encouraging conversations around availability, time off,

and expectations regarding communication. As in the diversity, equity, inclusion, and

belonging space, such client-driven initiatives will be important in encouraging the legal

profession to continue to adopt changes related to well-being.

Pledge Point 4—Confidential Access to Resources

Nearly all signatories (97.53%) reporting providing confidential access to substance use

and mental health experts and resources. Those resources included employee

assistance programs (EAPs) (93.59%), LAPs (73.89%), third-party benefits providers

(71.92%), confidential self-assessment tools (53.20%), onsite external mental health

counselors (26.66%), in house mental health counselors (12.31%), and other resources

(10.84%). Of note, one signatory provides mental health urgent care on a first-come,

first-served basis weekdays from 2-4 p.m., as well BIPOC gathering circles facilitated by

psychologists to promote racial healing and support.

Pledge Point 5—Assessment, Treatment, and Leave Policies

While many signatories reported having a written protocol and leave policy that covers

assessment and treatment of substance use and mental health problems (73.89%),
slightly over a quarter of remaining signatories did not report having one. In fact, more

signatories expressed lack of compliance with this pledge point than with any other.

Despite this lack of expressed compliance, 85.22% of signatories did report that their

short- and long-term disability policies cover mental health and substance use

treatment. Moreover, 61.08% of signatories assess treatment and return on a case-by-

case basis; 50.24% of signatories have written policies encouraging mental health and

substance use treatment; 47.78% have written policies regarding returning to

work/school after a leave of absence for substance use or mental health issues; 41.87%

partner with EAPs or other third-party benefits administrators to implement written

policies; and 13.30% consult with LAPs when implementing written policies. Some

signatories noted that they adjust billable hour targets to account for leaves which

makes it easier for billable attorneys to take them. Some stated that they provide

additional support upon return, including additional check-ins, managing expectations

with their talent departments, and engaging with career counselors to support returning

students and employees. One signatory noted that having these policies does not feel

practical for a small firm.

Pledge Point 6—Promoting Help-Seeking and Self-Care as Core Values

Nearly all signatories (98.52%) expressed that they promote and encourage help-

seeking and self-care as core values of their organization. Many signatories post well-

being resources on their intranets (89.16%); many emphasize their commitment to well-

being in recruitment materials and onboarding processes (78.81%); and many

emphasize this commitment on their external facing materials and websites (74.38%).

Some signatories have employer or school branded well-being initiatives or curricula

(70.44%), while others promote self-assessment tools (55.17%), circulate a well-being


newsletter (58.12%), or use the ABA or CoLAP branding (48.76%). Some signatories

(41.87%) also provide in-house well-being coaching, an innovative and welcome

development in the movement.

Under “other” initiatives to promote help-seeking and self-care, signatories reported

offering various, creative tools, such as: (1) year-long mental health awareness

campaigns; (2) weekly live meditation sessions; (3) law school classes with embedded

well-being and self-care themes; (4) on-demand programming and CLE; (5) onsite

health centers providing convenient, low-cost care (with little to no waits); (6) affinity

groups; (7) wellness rooms: (8) fitness stipends and reimbursements for well-being

related costs; (9) training on psychological concepts like empathy; and (10) billable

hours credit for wellness and career sustainability training.

Pledge Point 7—Highlighting Pledge to Enhance Recruitment and Retention

Most signatories (94.55%) indicated they had highlighted adopting the pledge well-being

framework to attract and retain the best individuals in the organization (including judges,

lawyers, staff, and students). Signatories used various strategies for attracting and

retaining individuals, including incorporating well-being programming into orientation for

new and lateral hires and for students (80.69%); emphasizing a commitment to well-

being in recruitment materials and onboarding (77.22%); emphasizing this commitment

to well-being on the website and external-facing materials (70.29%); and discussing

commitment to well-being during interviews with new and lateral hires (66.33%).

Incorporating well-being and leadership training into existing partner and counsel

programs was a unique strategy identified by one signatory. In their comments in

response to this question, some law firm signatories underscored adopting well-being
and mental health weeks as a recruiting tactic for law schools. Finally, multiple

organizations indicated that department-specific programming was well received and

attended.

Challenges in Implementing Pledge Framework

Signatories reported various challenges in implementing the pledge framework, with the

most reported being the changes caused by the COVID-19 pandemic (69.30%) and

time constraints (52.97%). Some of the specific challenges due to the changes from the

pandemic included Zoom fatigue, disconnect due to hybrid schedules, burnout on well-

being committees, and meager attendance at events when CLE was not offered. Some

signatories added as a challenge that alcohol remains an essential element in social

and recruiting events. Only nine signatories (4.43%) reported needing help obtaining

buy-in from leadership. At the same time, more signatories (37 or 18.23%) needed help

getting stakeholder buy-in from the broader attorney and staff population.

Recommendations of Additional Well-Being Resources from ABA

Signatories offered numerous recommendations when asked about additional resources

the ABA can provide to help signatories fulfill the pledge framework. One of the most

common requests was for CLE-accredited programming on legal professional well-

being and systemic change. Signatories also requested short, “bite-sized” programs that

were practically oriented and could be easily delivered to employees and students.

Another very common request from all types of signatories—from law firms to law

schools—was for additional networking opportunities with each other and for

opportunities to share and learn best practices. Law schools specifically requested
obtaining testimonials from law firm programs on attorney well-being to provide to their

students. Finally, another common theme was that many signatories requested a list of

recommended speakers and vendors to enhance the well-being resources in their

organization.

Signatories identified a variety of possible topics they would like to see discussed at

future ABA meetings or events. Several signatories mentioned the desire to learn how

to create greater employee awareness of and engagement in the well-being initiatives

and benefits they offer. Signatories were also interested in learning how to create policy

and culture shifts to reduce the stigma of asking for help and taking care of oneself,

which included creating policies to support and reintegrate people who were returning

from a mental health or substance-related leave. Signatories with international offices

mentioned the desire to learn perspectives and resources that speak to the nuances of

audiences outside of the United States.

Some survey respondents indicated an interest in learning about generational

differences, particularly regarding openness to discussing well-being topics and

providing well-being support. Several respondents mentioned they would like to learn

how better to coordinate with other teams in their organizations, specifically DEI,

corporate social responsibility (CSR), marketing, recruiting, HR/benefits, and

professional development. Some signatories noted they would like to learn how better to

communicate and collaborate with clients, both in inviting clients to participate in

programs and in helping clients understand the impact of client demands on outside

counsel. Some signatories indicated they would appreciate programming focused on

how to create a well-being committee, while other signatories wanted to learn how to
engage leadership more deeply and help leadership understand the importance of well-

being initiatives. Finally, some signatories referenced their desire for programming on

mental health first aid.

Words of Advice and Suggestions on Well-Being Initiatives

Signatories shared many words of advice and specific suggestions regarding strategies,

programs, policies, and other aspects of implementing well-being initiatives. Several

signatories noted the critical importance of leadership buy-in for the success of well-

being initiatives; and other signatories pointed to the value of well-being taskforces,

committees, and internal “well-being champions.” Some signatories mentioned that

while it was important to embed well-being in consistent ways throughout their

organization’s culture and events, they cautioned against “overdoing” and suggested

that well-being programs be intentional, succinct, and connected to larger well-being

themes (as opposed to having several standalone programs). It was important to many

signatories that well-being programs and initiatives were equally open to both attorneys

and staff. Signatories encouraged their fellow signatories to be creative and patient, to

try new ideas, and to pace themselves.

Signatories offered many creative and practical ways that their organizations address

well-being. Several signatories indicated that their firm offers some billable-hour credit

for time spent on well-being. Many signatories shared how they have evolved their

social gatherings to be less focused on alcohol, including providing “signature

mocktails” at events and shifting the timing of social events to be at times of the day that

do not typically include alcohol, such as breakfasts, lunches, and coffees, as well as

different kinds of activities, such as cooking classes, team walks, and other more
collaborative, active events. To demonstrate the buy-in of leadership, some signatories

ask their leaders to send program invitations and other communications related to well-

being.

Some signatories highlighted the benefit of having dedicated well-being staff, which led

to greater consistency of programming and visibility for well-being initiatives. Signatories

found most success using a variety of programmatic tactics, such as webinars, on-

demand programming, CLE content, micro-programs of 20-30 minutes, email series,

resource guides, videos, articles, and podcasts. Some signatories recommended the

use of surveys to ask for feedback and to create a well-being baseline, and some

suggested that well-being questions be included in the “pulse” surveys that many

organizations use.

Other specific well-being programs, initiatives, and benefits offered by signatories

included: (1) partnering with local organizations to promote community engagement; (2)

mandating that law students meet with a student affairs representative and a mental

health counselor; (3) giving a well-being day off; (4) hosting “empathy training”; (5)

encouraging participation in firm-wide movement or well-being challenges; (6) providing

bereavement leave following the loss of close loved ones as well as a short leave

following failed surrogacy, adoption, or fertility treatments; and (7) providing mental

health apps to all employees.

Key Takeaways from the 2022 Recommitment Form Responses

Profile of Signatory Respondents


As noted above, 106 of the respondents (or 52.22% of the total) were law firms with 500

or more lawyers and employees. This percentage is nearly identical to the profile of the

2021 respondents that were law firms with 500 or more lawyers and employees

(51.96%). The fact that over half of the signatories are very large firms is encouraging in

that it reflects how that influential group of legal employers has seen benefits in signing

the pledge. That same fact is concerning, however, in that such large firms are a much

smaller percentage of legal employers generally. In this vein, a few signatories indicated

in their comments that the pledge framework and recommitment form questions seem

best suited for large law firms. A consideration moving forward is how the pledge can

remain inclusive and beneficial to all types of legal employers while recognizing that

different types of legal employers face different dynamics and challenges in their efforts

to improve the well-being of those in their organization.

A related takeaway is that signatories are increasingly turning to dedicated internal

positions—such as a director of well-being (14.29%, up from 10.06% in 2021)—to

coordinate the well-being initiatives in their organization. As above, this growth is

encouraging in that it reflects the serious attention certain employers are committing to

their well-being initiatives. At the same, this “professionalization” of employees tasked

with well-being (and the rise of the term “well-being professional”) may leave out many

employers who simply are not in a position to have a dedicated well-being officer.

Designing inclusive programming for signatories therefore should be relevant not only to

a diverse profile of signatories, but also to the diverse roles signatory representatives

have in their respective organizations.


Compliance with Pledge Point 5

Since the beginning of the pledge in 2018, more signatories have reported that they

were out of compliance with Pledge Point 5 (“We have a proactive written protocol and

leave policy that covers the assessment and treatment of substance abuse and mental

health problems, including a defined back-to-work/school policy following treatment”)

than with any other commitment. This trend was only slightly better in 2022 than 2021—

52 of the respondents (or 25.74%) reported that they did not have a policy in place in

2022 compared with 47 (26.55%) in 2021.

The pledge committee has discussed how best to make inroads in these numbers so

that more signatories are in compliance. To that effect, one of the breakout sessions in

the Fall 2021 Pledge Workshop for Signatories addressed this exact topic—best

practices for leave policies. Moreover, at the Fall 2022 Pledge Workshop, the committee

reminded signatories that the ABA has developed model guidelines for such leave and

back-to-work policies, and it posted these guidelines on the CoLAP ABA Well-Being

Pledge Communities page online. More work needs to be done to promote compliance,

such as perhaps by encouraging signatories that have such policies in place to share

theirs—or at least their ideas on such policies—with others.

Challenges in Implementing Pledge Framework

Another key takeaway from the 2022 responses was that the responses to Question 23

(“What challenges, if any, did you encounter if fulfilling or addressing any of the 7 points

of the Pledge framework”) mirrored almost exactly the response rates from 2021 with

three exceptions. First, the challenges caused by the COVID-19 pandemic were
understandably not quite as frequent in 2022 as 2021 (from 151 or 84.36% of

respondents in 2021 to 140 or 68.97% in 2022). Second, on another positive note, the

stigma associated with well-being issues was less of a challenge in 2022 than in 2021

(from 53 or 29.61% of respondents in 2021 to 48 or 23.65% in 2022). Stigma remains a

persistent issue, as reflected in the narrative responses in which many signatories

recommended programming on stigma, but this decrease is encouraging. Third,

noticeably more signatories indicated difficulties changing the culture around drinking at

their respective organization (from 24 or 11.82% of respondents in 2021 to 35 or

17.24% in 2022). This increase may be due, in part, to the rise of in-person events in

2022 as the impact of the pandemic waned; and it will be very interesting to see if this

uptick continues in 2023.

Certain other changes were more modest, but noteworthy. For instance, budgetary

restraints were slightly less of a challenge in 2022 than 2021 (from 51 or 28.49% of

respondents in 2022 to 48 or 23.65% in 2022). Finding time to fit programming into the

calendar, however, was slightly more of a challenge (from 93 or 51.96% of respondents

in 2021 to 107 or 52.71% in 2022). Although this change is small, the sheer percentage

of respondents for whom time for implementing programming is a challenge

underscores the continued need for developing creative, short programming and

programming that cross-sells with other organizational priorities. Finally, the very small

number of signatories that indicated buy-in from leadership as a challenge is

encouraging (only 9 or 4.43% of 2022 respondents). This low level is somewhat

expected due to the fact that all the respondents did sign the pledge, but given the large

number of signatories indicating in their comments that leadership involvement in well-

being initiatives is critical to their success, this low number is a signal to those in
organizations that are not currently signatories on how best to become a signatory and

otherwise advance well-being efforts in their organization generally.

Extensive Nature of Narrative Responses

A final key takeaway from the 2022 recommitment form responses is the sheer volume

and detail in the responses to the open-text questions at the end of the recommitment

form. In these questions, as summarized above, signatories offered recommendations

to the ABA on well-being initiatives and offered recommendations for signatories on

well-being speakers, resources, and program ideas. In their comments, many

signatories indicated that they would appreciate more networking opportunities with

each other and opportunities to share and learn best practices. The pledge committee

has developed a resource that lists the many well-being speakers and vendors

recommended by the signatories and includes these speakers’ and vendors’ websites

and LinkedIn pages when available. This resource is posted on the CoLAP ABA Well-

Being Pledge Communities page available online to signatories.

In sum, the 2022 recommitment form responses provide a rich source of data on 203

legal employers who are invested in advancing the well-being movement in legal

education, the legal profession, and the judiciary. As this well-being movement

continues to grow and develop, the pledge community will hopefully similarly expand;

and the recommitment process will, in turn, continue to serve on an annual basis as an

opportunity to collect important information on this important movement.


9
YOUR VOICE

The ABA Well-Being


Pledge Turns 5: Progress
made, progress needed
BY PATRICK R. KRILL
OCTOBER 23, 2023, 8:13 AM CDT

Patrick R. Krill. Photo by Bethany Jackson.


Mark Twain once said "action speaks louder than words but not nearly as often."
While that general sentiment applies in almost limitless contexts, one centrally
relevant to the legal profession is the push to improve mental health and well-
being among lawyers and law students.
Indeed, the discussion about our significant challenges in that arena, as well as
the numerous opportunities for improvement that exist all around us, has never
been more widespread or full-throated. But discussions have their limits,
conversations their constraints, and when it comes to bettering mental health in
the legal profession, the ratio of words to actions is often quite lopsided. There
are, however, notable exceptions.
This fall marks the five-year anniversary of the ABA Well-Being Pledge, which is
a call for and commitment to concerted action aimed at reducing the incidence
and impact of mental health and substance use problems in the legal profession.
To date, the pledge has in many ways been an outstanding success and a clear
example of how employers from across the profession can come together and
row in the same direction toward a shared and desirable destination.
With a total of 227 current signatories to the pledge, the workplaces of tens of
thousands of lawyers have now committed to taking specific, concrete steps to
raise awareness and reduce risk.
From increasing education about mental health and well-being to de-
emphasizing alcohol, adopting better policies and enhancing available resources
for support and counseling, a common set of standards and practices has now
been adopted by an impressive number of law firms and other legal employers.
Those standards and practices serve to create a foundation, a sturdy floor upon
which additional improvements can be designed and built. That is, by any
objective measure, significant progress toward solving a problem which has often
seemed intractable.
When I originally developed the idea and framework for the Well-Being Pledge
campaign, several years before it ultimately became a reality under the
leadership of former ABA Presidents Hilarie Bass and Bob Carlson, I hoped, but
would not have guaranteed, that it would attract the signatures of most of the
country’s largest and prominent firms. Or that they would remain part of the effort
five years later, recommitting to their obligations annually and submitting
documentation of their efforts. That is a meaningful achievement for our
profession and one for which all participants deserve and share the credit.
Thanks to a committed group of volunteers who work alongside ABA staff to
devote considerable time to the ongoing administration of the pledge, it remains
a visible and sturdy anchor for the well-being movement in law, as well as an
easy-to-follow roadmap for employers seeking to join that movement and
community.
In fact, for current signatories and nonsignatories who may otherwise be
interested in and supportive of improving mental health in the legal profession,
the ABA will be hosting a free, virtual workshop Nov. 9 that will celebrate the five-
year anniversary of the pledge with a series of engaging and informative panel
discussions, registration details of which can be found here.
If your firm or organization is not a current signatory, attending the November
workshop will be an excellent opportunity to learn more about how and why you
should be involved.
So what would Twain say about where things stand today? It is hard to know
because in the five years since the pledge was launched, the world and our
workplaces have changed so profoundly and permanently that any effort to
quantify the pledge’s full impact on mental health would be hopelessly
confounded by numerous intervening variables, most obviously the COVID-19
pandemic.
Just as the profession was beginning to make encouraging and overdue
progress around mental health, the world around us began to fall apart, resulting
in a severe and unprecedented mental health crisis for children and adults that
continues to grow and ripple throughout society.
Resources for Lawyers

• The Well-Being Toolkit for Lawyers and Legal Employers is


at ABAJournal.com/toolkit.
• The Suicide & Crisis Lifeline is 988.
• Directory of Lawyer Assistance Programs by state is at ABAJournal.com/lap.

Put another way, it is difficult to evaluate the effectiveness of a car’s brakes when
the road beneath it has suddenly and unexpectedly washed away. What
becomes painfully clear in moments like that, however, is that having brakes in
the first place is nonfungible, along with other basic safety features that just might
save the day.
Indeed, such was the case for many signatories to the ABA Well-Being Pledge
over the last three years, when the programs and the resources that they had
already begun to implement or enhance as part of their pledge commitment
allowed them to respond more nimbly and effectively when the extraordinary
mental health toll of the pandemic first began to materialize.
Now, as we look ahead to 2024 and beyond, we find no shortage of looming
stressors and ongoing problems that continue to threaten our mental health and
diminish our well-being. Life is changing, but it isn’t getting easier. As a result, the
five-year anniversary of the pledge marks an important and appropriate time to
simultaneously celebrate the progress the campaign has enabled while
redoubling our efforts and committing to do more.
For current signatories, that means avoiding complacency, inertia or the
temptation to “phone it in” as you map out future efforts to comply with the
requirements of the pledge framework. Instead, signatories should adopt a spirit
of innovation and continuous progress, challenging themselves—and by
extension other pledge signatories—to do more, to go above and beyond. For
nonsignatories, that means joining the pledge community and using it as a
springboard to either launch or reinvigorate your organization’s well-being
program.
Despite having well over 200 employers who have signed on to the pledge, we
still have far more who have not, with corporate legal departments, public sector
agencies and law schools being among the least well-represented groups.
If you are an attorney or a staff member at an organization that is not currently a
signatory to the ABA Well-Being Pledge, it would be worth asking the leadership
why. Perhaps there is a compelling reason and, if so, hopefully your organization
is doing other things to build a durable foundation for supporting the mental
health and well-being of your attorneys and staff.
Because one thing is clear: Changing the overall culture of the legal profession to
support better mental health and well-being is going to require most of us—as
people and organizations—to do more. But when we do, and when that ratio of
words to actions finally becomes more balanced, the results will have been worth
the effort, for us and for future generations of legal professionals to come.
See also:
“For this lawyer, becoming more flexible was a benefit of the pandemic”

Patrick R. Krill is an attorney, a licensed and board-certified addiction counselor


and a researcher who has initiated and helped lead numerous important efforts
to improve mental health and well-being in the legal profession over the last
decade. He is the founder of Krill Strategies, a behavioral health consulting firm
exclusively for the legal profession. Krill is an adviser and an educator for many
of the world’s largest law firms, as well as regional and boutique firms, corporate
legal departments and public sector agencies. He regularly publishes peer-
reviewed research on lawyer mental health and has authored roughly 80
published articles related to addiction and mental health.

ABAJournal.com is accepting queries for original, thoughtful,


nonpromotional articles and commentary by unpaid contributors to run in
the Your Voice section. Details and submission guidelines are posted at
“Your Submissions, Your Voice.”
10
Let’s (Not) Take a Drink:
Why Decentering Alcohol Can Transform Inclusion and
Well-being for Our Legal Practice

Additional Well-being Resources:

- ABA Commission on Lawyer Assistance Programs, Well-being in Law Resources


https://www.americanbar.org/groups/lawyer_assistance/well-being-in-the-legal-professio n/

- THE PATH TO LAWYER WELL-BEING: Practical Recommendations For Positive


Change
https://lawyerwellbeing.net/wp-content/uploads/2017/11/Lawyer-Wellbeing-Report.pdf

- Stress, Drink, Leave: An Examination of Gender Specific Risk for Mental Health
Problems & Attrition Among Attorneys, Anker J, Krill PR (2021) Stress, drink, leave: An
examination of gender-specific risk factors for mental health problems and attrition among
licensed attorneys. PLoS ONE 16(5): e0250563.
https://doi.org/10.1371/journal.pone.0250563

- Losing Our [Best] Minds: Addressing the Attrition Crisis of Women Lawyers in a Post-
Pandemic World; Bree Buchanan, Jodi Cleesattle & Katy Goshtasbi; California Lawyers
Association (Winter 2022)
https://publication.calawyers.org/winter-2022/wellness-study-report

- Stressed, Lonely, and Overcommitted: Predictors of Lawyer Suicide Risk, Patrick


R. Krill, Hannah M. Thomas, Meaghyn R. Kramer, Nikki Degeneffe, Justin J. Anker,
https://www.mdpi.com/2227-9032/11/4/536

- ABA Substance Use and Mental Health Toolkit for Law School Students and Those Who
Care About Them, June 2020.
https://www.americanbar.org/content/dam/aba/administrative/law_students/materials/me ntal-
health-toolkit-for-law-students.pdf

- Law Schools Should Take On Students’ Mental Health and Substance Use from Day
One; David Jaffe; ABA Journal (May 2023) https://www.abajournal.com/voice/article/the-legal-
profession-has-a-drinking-problem#go ogle_vignette

- How I Navigate Networking Events As a Person Who Doesn’t Drink


Haley Moss, Fast Company (July 2021)
*First published by Fast Company, July 8, 2021; available at
https://www.fastcompany.com/90653140/how-i-navigate-networking-events-as-a-person
-who-doesnt-drink

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