Attorney Wellness as an Antidote to Incivility in the Legal Profession

On May 8, 2024, in honor of Well-Being Week in Law, the California Lawyers Association and California Judges Association jointly hosted a Webinar entitled, Health and Wellness in California Law: The Effect of Civility in the Practice and from the Bench. The program was moderated by Betty Williams, President of the California Lawyers Association, and Hon. Kevin S. Rosenberg of the Los Angeles Superior Court, and it focused on the connection between civility and attorney well-being. 

For a perspective from the bench, the presentation featured Presiding Justice Brian S. Currey of the 2nd District Court of Appeal, Division 4. After nearly 30 years of practicing complex litigation, Justice Curry was appointed to the Los Angeles Superior Court in 2014, then to the Court of Appeal in 2018, and finally to his current role as Presiding Justice in 2023. He chairs the California Civility Task Force. 

Patrick R. Krill provided a practitioner’s point of view. Mr. Krill is a globally recognized authority on addiction, mental health, and well-being in the legal profession. He was the director of the Hazelden Betty Ford Foundation’s Legal Professionals Program, a leading clinical treatment program for attorneys, judges, and law students struggling with addiction and mental health issues, before he launched his own company, Krill Strategies, with the goal of improving the mental health and well-being of legal professionals. 

Mr. Krill provided the context of mental health in the legal profession, which he explained is worse now than it was before the Covid-19 pandemic. Notably, mental health for the public at large has been trending negatively since the pandemic, however the problem is even worse for legal processionals, as shown by the data and studies he has been involved in. Based on the research that he has conducted, stress levels for attorneys are quite high, and they have noticed that statistically, attorneys are two to three times more likely to engage in problem drinking than other similarly situated professionals, which is cause for concern.

Attendee Judge Martin noted in the Q&A that it seems the properly nourished attorney “will probably also be an attorney who is better able to behave civilly towards others.” Mr. Krill echoed this, explaining that he views well-being as an antidote to incivility. Those who are taking care of themselves and are functioning well are less likely to engage in disrespectful or inappropriate behavior. He indicated that what we see as abusive behavior can sometimes be a symptom of a larger issue, such as depression.

Justice Currey explained that one of the challenges in the legal profession with civility is that the courtroom is not structured like the typical corporate office. In the corporate world, a human resources department has the authority to regulate the behavior of those in the workplace, however there is no HR in the courtroom. Instead, a courtroom is comprised of attorneys who work opposite each other for either private firms or the state, a judge who is an employee of the state, a court reporter who often works for themselves, private parties, and other court staff. This unique structure places the responsibility on the judge to ensure that civility exists in the courtroom. Justice Currey espoused the need for judicial officers to regain control of their workplace and have the same expectations in the courtroom that corporate workplaces have. 

In addition to attorney well-being, or lack thereof, Justice Currey highlighted that bias is another major cause for incivility in the legal field. He shared that from his personal experience, it seems that women and people of color are more likely to be on the receiving end of behavior that lacks civility as opposed to their white male counterparts. He shared that he has heard from women and minorities who have experienced a lack of decorum in the courtroom and mentioned that while the legal community is more inclusive now than it was years ago, we still have a long way to go as a community. He emphasized that continuing education related to bias can help foster civility as well. 

It was discussed that there has been some recent appellate authority authorizing the reduction of attorney fee awards for behavior that lacks civility. When an attorney is not civil, they are not practicing law well and are therefore not deserving of a higher fee award, reasoned Justice Currey. He emphasized that oftentimes, attorneys display a lack of civility in discovery and depositions, away from judicial officers, but the court still needs to step up and take action to prevent this type of behavior from occurring. He reiterated that discovery sanctions and the reduction of attorney’s fees awards are two ways in which this can be done from the bench. 

Mr. Krill ended by advising attorneys to take care of themselves on a mental, physical, and emotional level because focusing on their own well-being would help them conduct themselves in a professional and civil manner. Justice Currey ended by imploring judges to lead by example because judges can have an enormous influence on the lives of litigants both in the courtroom and outside of it.