The toll of lawyering on lawyers deserves attention

Our courthouse has felt tremendous loss with the departure of several esteemed and loved colleagues due to death by suicide and addiction, underscoring the need for initiatives called “lawyer assistance” programs. Notably, Chief Justice S. Bernard Goodwyn demonstrated a commitment to this issue by appointing Justice Thomas P. Mann, as chair of the Virginia Lawyers’ Wellness Initiative.  

I am reminded of an incident that captures the pressure lawyers face daily. This pressure can take a toll on their well-being,  particularly when judges are unsympathetic and callous to their struggles and those of their clients. 

Eight years ago in Courtroom 2H of Fairfax County General District Court, a hearing began ordinarily. A well-respected defense attorney with over 30 years of impeccable service to the community stepped inside the courtroom two hours early for a preliminary hearing on behalf of an indigent client. His client, a young woman, had been charged with two counts of forgery and two counts of failure to appear in court for previous hearings.  

The attorney, whom I will call Charles pseudonymously, had made numerous appearances on the case, which had been pending for two years. The complaining witness had not shown up for court in the past. Charles had worked out a plea agreement, dropping all the charges except for one count of failing to appear, with the client receiving only a fine. By all standards, Charles was representing his client well.  

But then, suddenly, the hearing took a shocking turn. The disturbing series of events that followed reveals a crisis of insensitivity and callousness in the legal profession by Judge Lisa Mayne that we must reverse to recognize that lawyers – like responders and police – often absorb the severe stresses, traumas, and grief intertwined with many legal cases, and the compounded impact frequently leads to mental health crises best healed with accountability marked with compassion, not public humiliation. 

According to an “order of contempt” filed by Mayne against the attorney, courtroom deputies told the judge that “there was an odor of alcohol about him.” Instead of taking a more humane, respectful, and professional course of action, the judge asked the lawyer in open court to take a preliminary breath test. 

Charles declined the demand, indicating that he had health problems. The judge then instructed Charles to step forward to the bench, and when he did so, the Court immediately smelled the odor of alcohol. She again asked for a breath test. At that point, Charles admitted to drinking at lunch – apparently, I learned later, one drink. Dispirited, Charles told the judge, “I have a problem.” Unmoved, the judge told Charles that a jail sentence would have to be imposed. 

Charles humbly asked her not to throw him in jail, turning to the lawyers in the gallery and saying, “I’m sorry.” Shocked lawyers watched as the judge held him in contempt and sentenced him to jail.  The judge had Charles handcuffed and led away to jail. Charles was eventually released but never practiced law again. 

I was heartbroken when I learned that the judge held Charles in contempt and jailed him. I’ve always believed that showing compassion, not anger or public humiliation, for those suffering from illness is key to aiding their recovery in a civilized society.  

I called Charles’s office and left a voicemail. Fighting back tears, I extended my support, words he later said he appreciated during his dark times. Our courthouse and the community lost one of our finest and most compassionate lawyers that day.  

This is emblematic of a judicial and legal culture that can too often be callous, perhaps even more so to our colleagues. As a profession, we need to recognize that our work, navigating some of society’s most complex, traumatic, and challenging situations, can impact our own well-being and mental health. Fortunately, some work is being done to bring that awareness to our profession.  

In 2016, a study published in the Journal of Addiction Medicine found that 36.4% of 12,825 attorney respondents showed signs of “hazardous drinking or possible alcohol abuse or dependence.” The researchers recommended public awareness programs to help overcome stigma and privacy concerns that prevent struggling attorneys from seeking help. 

Despite these efforts, these discussions are still taboo. But our job as lawyers allows us to create change and attempt to right the wrongs we see in the community. We can be effective and empathetic as we extend humanity to others, including those in our profession, from Courtroom 2H to beyond.  

Andi” Geloo is a lawyer and author of “Andi’s Law,” which expanded the rights of citizens seeking protection from defamation. Charles’ full story and an update can be found at this link, https://bit.ly/3ZTXujY