“Employers responding to our surveys cite absenteeism as the number one negative result of substance misuse,” says Karen Pierce, Managing Director of Working Partners, a consulting firm. “The number two and three responses, in order of severity, are decreased productivity and workforce shortages.” Pilferage may also increase, and office morale may decline when clean employees must shoulder tasks neglected by their impaired colleagues.
With their fast pace and high stress levels, law firms all too often must confront these issues in the workplace.
“The legal community is waking up to the fact that well-being and substances [use] are real issues to be confronted and addressed,” says Stacey A. L. Best, Executive Director of Lawyers Concerned for Lawyers (LCL). “Many may come to the subject from a risk management standpoint, while others — and probably fewer — come at it from a well-being standpoint. But we all end up using the same language, with the understanding that if the topic goes unaddressed it can have a negative impact on the entire firm, its employees and its bottom line.”
A temptation to ignore the problem and hope it goes away — a common mentality everywhere — is prevalent in the legal industry for a special reason. “The legal profession has a lot of fear, especially about liability, so many lawyers don’t want to touch certain topics like workplace drug [use], fearing it could lead to malpractice claims,” says Best. “The instinct is maybe to ignore a topic or try to cast blame away from the firm.”
That can backfire. “If a lawyer is impaired, firms don’t do themselves, their employees, or their clients any favors by ignoring it,” says Best. “It’s better to deal with it head on.”
It can be daunting for legal managers to tap into this reality. “Legal administrators are a bit like middle managers in a sense,” says Best. “They are in a really tough position when trying to get leaders to pay attention to well-being strategies.”
The secret is to find productive ways into conversations by thinking creatively about how to raise solutions from the perspective of the lawyers in charge of the firm. And that means emphasizing the connection between a clean workplace and the firm’s bottom line.
“If a firm is thought to have ignored a drug [use] problem or covered it up or ushered it out the door without addressing it, that is not going to end in a positive outcome,” says Best. “Liability will be reduced by addressing the problem and being able to show steps were taken to resolve it. The more promptly the firm can address it, the better.”
Here are some things to consider if you are faced with this issue in your firm.
STAY ALERT
The first step is to keep an open eye on any signs of possible impairment. That means knowing people well enough to spot potential problems.
“The firm needs to have strategies in place that allow for regular observation of personnel,” says Best. “This can be a challenge in a hybrid environment where we can be less familiar with what people’s personal lives look like. We need to create opportunities to obtain insight. That may call for a regular schedule of Zoom or Teams video sessions — something more than just audio phone calls. And the schedule should be varied so sessions are done at different times of the day. People tend to behave in habitual ways. If they know a Zoom call will always be at 10 a.m., for example, they may start drinking at 11 a.m.”
“If a lawyer is impaired, firms don’t do themselves, their employees, or their clients any favors by ignoring it. It’s better to deal with it head on.”
As for what to watch for, the common denominator is a sudden change in behavior. “Several behaviors may be signs of addiction,” says Best. “People may overreact to what may be very straightforward or simple matters, such as feedback on assignments. There may be changes in physical appearance. Or there may be unusual schedule changes, such as arriving late, leaving early, or unplanned and unexplained absences.”
A behavior change, of course, is no guarantee that an individual has an addiction problem. “While these may be signs of addiction, they may also be signs of other problems such as caring for elderly parents, or for very young children or personal health issues,” notes Best. She also says that people may be unwilling to disclose personal challenges, potentially feeling like they are being unprofessional if they bring up their personal lives. As a result, it’s up to legal managers to figure out how to get people to open up by bringing humanity to the conversations. “It’s true that we need to get our work done and serve our clients. But clients are better served with healthy employees.”
Given the myriad possible causes for behavior changes, it behooves legal managers to approach the employee carefully. “It’s important to focus on actual conduct that you see and allow the person to explain what is going on,” says Best. “Avoid making the conversation about personal characteristics or character. For instance, the terms addict and alcoholic label the person rather than identifying the problematic conduct of say, abusing prescription drugs.”
Best suggests starting a conversation with a statement such as this: “You know, I’m noticing that over the last several weeks you seem more tired than usual. You also seem distracted.” This can be followed up with a statement that offers assistance: “Is everything okay? Is there something I can do?”
“Avoid making the conversation about personal characteristics or character. For instance, the terms addict and alcoholic label the person rather than identifying the problematic conduct of say, abusing prescription drugs.”
Note that the observations above concern behaviors that may not impact work. “Hopefully you’re able to make such observations before they start affecting work, because then you will have to have a conversation that focuses on performance matters,” says Best.
BUILD TRUST
“One of the best foundations for productive conversations is a workplace environment characterized by psychological safety,” says Best. “That calls for good rapport, as well as for well-communicated expectations, policies, and strategies for feedback and promotion, and for anything else that impacts one’s employment or the workplace experience. When you don’t have those things in place, people will feel unsure and unstable, and more prone to hide and avoid risks.”
Regular feedback will reduce the chances that any one conversation doesn’t seem like such a perilous event, notes Best. “If I never come to your office, if I never talk to you about work, if I never have casual conversations, it will seem to be a high stakes situation when I suddenly show up at your door with an issue.”
It’s also wise to plan ahead by arranging for appropriate resources to be available when needed. Most jurisdictions have lawyer assistant programs, and many law firms have Employee Assistance Programs (EAPs). Ensure that all employees are aware of their existence.
“Make sure you clearly communicate the availability of resources so people struggling with wanting to come forward can access services without having to necessarily have a full-on conversation,” says Best.
Over the long haul, the law firms that maintain a genuine concern for the welfare of their staffs will be the ones that avoid the costly ramifications of impairment. “It’s difficult for leaders in the legal profession to disengage from their lawyer mind, and to engage instead with their leadership and well-being mind,” says Best. “But I do think that leaders who genuinely care for their people will choose strategies that are most helpful for their entire workforce. And that is a key starting point in improving well-being and resolving incidences of workplace addiction.”
Substance use expert Eric Webber appeared on Legal Management Talk to discuss the effects of alcohol and other substances on the legal industry and what administrators and employees can do to limit alcohol dependence at their firms. Don’t miss Webber’s tips for creating an effective strategy to help employees who may be struggling and how to plan events that don’t revolve around alcohol. Tune in today!
