Special Feature: CLE Article #19*
By Jennifer L. Braster
Twenty years ago when I was a baby associate, I sat at my desk and bawled. I had worked since I was 14 years old, but my first year as an associate was nothing anyone could prepare me for. The firm I was with had a “sink or swim” mentality and yes, some associates sank.
It was about six months into my career, and I was overwhelmed. Working for multiple partners with different personalities, varying writing styles, competing deadlines, and constant work was too much. But I didn’t quit. I leaned in and figured it out. With the support of a junior partner and a seasoned older partner who took the time to listen, I was okay. I learned the tricks and tools for self-care and emotional wellbeing: exercise, spending time on myself, traveling, therapy, mastermind coaching, etc. It worked for me.
Fast forward fifteen years, COVID hit. During COVID, as with many people, my tricks and tools no longer worked. I was stuck. Looking back, I surmise it was caused by COVID (and being in the middle of a multi-week trial with unreliable childcare due to COVID shutdowns), some particularly challenging cases, and personal matters that escalated due to COVID. I loved my career, yet I considered leaving the profession. Instead, I had to figure out what my new “self-care” was.
My friends and colleagues have shared similar stories. We have all been in the same position: competing deadlines, long hours, difficult clients, unprofessional opposing counsel, and frustrating rulings from the court. I know numerous attorneys who now suffer from substance abuse issues, mental health challenges, gambling addictions, or have even contemplated suicide.
I recall a few years ago when some colleagues shared a Facebook post written by an attorney who, in my opinion, appeared to be suicidal. I did not know this attorney, so I reached out to the Nevada Lawyer Assistance Program, a confidential program in Nevada to assist lawyers with alcohol, drug, gambling problems, depression, and stress. The volunteer attorney I spoke with reached out to that struggling attorney. While I do not know if this attorney received the help they needed, I have seen the person around town still practicing.
While 6.7% of the U.S. population has been affected by depression, over 45% of attorneys have experienced depression during their career and almost 12% reported having suicidal thoughts at least once. (https://americanaddictioncenters.org/workforce-addiction/white-collar/lawyers) (last visited July 6, 2025). A recent study by the ABA Commission on Lawyer Assistance Programs revealed that over 36% of lawyers struggle with alcohol abuse, and 9% of attorneys have struggled with prescription drug abuse. Id.
In another study, “[O]f the 3,400 law firm respondents, 67% reported they suffered from anxiety, 35% suffered from depression, 44% suffered from isolation, and 19% contemplated suicide.” (https://calawyers.org/california-lawyers-association/wellness-strategies-for-mental-health-issues-among-attorneys-and-legal-professionals/) (citing Pandemic Anxiety Wanes, but Legal Industry Mental Health Struggles Persist by Patrick Smith (May 10, 2022)) (last visited July 6, 2025).
In a 2016 article regarding a study of attorneys, the researchers concluded, “Attorneys experience problematic drinking that is hazardous, harmful, or otherwise consistent with alcohol use disorders at a higher rate than other professional populations. Mental health distress is also significant. These data underscore the need for greater resources for lawyer assistance programs, and also the expansion of available attorney-specific prevention and treatment interventions.” Krill PR, Johnson R, Albert L., The Prevalence of Substance Use and Other Mental Health Concerns Among American Attorneys, J. Addict. Med. 2016 Jan-Feb.
All of these concerns and statistics lead to the questions of what can we do to protect our mental health and how do you spot issues with colleagues?
It is easy to say that one should work on their work-life balance. But how do we actually do that? There is a myriad of tools out there, and it will take time to figure out what works for you. Also, starting with incremental changes is a lot less overwhelming than major life changes.
Make time for yourself, even if only 10 minutes a day, for what brings you joy. Then gradually increase that time. This could range from walking your dogs, meditating in the morning, reading a book, cooking, gaming, watching dumb “reality” TV to decompress, etc. For me, once a week, I take a Pilates class during work hours that I cherish. Yes, it is simply one class that I could miss, but it is important to me. That time is protected, and over the years, I’ve probably only cancelled a handful of times due to work obligations such as trial or a deposition.
Taking care of yourself physically. Sleep, nutrition, and exercise all factor into your mental well-being. Sleep deprivation can impact your body’s inflammation levels, causing health issues. Sleep also may improve your memory and reduce depression and anxiety. (https://calawyers.org/california-lawyers-association/wellness-strategies-for-mental-health-issues-among-attorneys-and-legal-professionals/) (last visited July 6, 2025). Exercise also reduces depression and anxiety as it releases endorphins and other brain chemicals that boost your mood. Poor nutrition can be equated with poor sleep and feeling run down. Seeing a nutritionist could help as you may have developed allergies or reactions to foods over the years that may be treatable.
If you are in a firm or large organization, talk to your senior partner or manager. They likely offer wellness programs or resources that are of assistance. Also, they may have practical solutions: bringing on another attorney to support in a case, asking for extensions for deadlines in a particularly difficult or time-consuming matter, reshuffling some of the work to less busy associates. I bring my dog to work most days, and I absolutely love it. He runs into each office getting treats in the morning and then “supervises” me in my office. When I need a break, he is right there to snuggle and give me licks.
Establishing boundaries. For most of my life, I struggled to say “no.” I would often over-extend myself with personal and professional obligations and would feel terrible if I could not help with something. Everything changed a few years ago, when I read “You Had Me At No: How Setting Healthy Boundaries Helps Banish Burnout, Repair Relationships, and Save Your Sanity” by Sheryl Green. I put the advice from the book into practice, and the first time I said “no” to an extracurricular, volunteer activity, I explained that I did not have the capacity to participate at the time. Then I held my breath as I waited for a response. To my shock, they were not upset or mad but completely understood. “Often, our fears around saying ‘No’ are unfounded. When we speak clearly, compassionately, and confidently, [most] people will respect our boundaries and our honesty,” says Green. “Healthy boundaries don’t damage relationships, they strengthen them.” This book was a much-needed reminder that I am only hurting myself when I do not say “no,” and I need to make sure I put the life vest on myself first. I have also gotten much better at saying “no” to those potential clients that appear to be problematic from the start. One of the best pieces of advice I received when I first started my firm was not to say “yes” to every potential client.
Similar to establishing boundaries, learning to disconnect. ALM Intelligence’s 2021 Mental Health and Substance Abuse Survey, part of Law.com’s Minds Over Matters project (May 10, 2022) revealed that 72% of respondents stated the top workplace stressor was “always being on call and not being able to disconnect.” (https://calawyers.org/california-lawyers-association/wellness-strategies-for-mental-health-issues-among-attorneys-and-legal-professionals/) (last visited July 6, 2025). Over the years, I have learned a variety of tools that have helped: turning off email alerts on my phone, not checking email on weekends, and avoiding giving (certain) clients my cellphone number.
Create your support network. When I moved to Las Vegas in 2006, I was very lucky. Many of the new associates at my firm were in the same boat as me: new city, new career, and no friends. We bonded quickly and many of those colleagues are still close friends. Some suggestions include joining bar associations or local attorney groups and finding mentors. I am part of a Facebook group called “Las Vegas Law Moms – LVLM.” Not only is it a great resource for attorney referrals, it is a great resource for those who may need personal support. Also, while it can seem daunting to reach out to others, in my twenty years of practice, I have never turned away an attorney reaching out for advice or assistance, and I have never had an attorney turn down a request from me for advice or assistance.
Finding out what coping mechanisms work for you. When work becomes particularly stressful, what tools work to destress? For some, this means exercise, meditating, or a massage. For others, planning a mini getaway or trip to look forward to after this period subsides.
Get professional help. While I’m by no means offering medical advice, go see a doctor. There could be underlying medical or physical issues causing distress. See a therapist and perhaps get medication. I know several people who have chronic health issues that require ongoing medication and, over the years, those medications have stopped working or need to be tweaked. It is a good reminder that what may have worked for you before for mental health may not work for you now. Also, not only does the Nevada Lawyer Assistance Program offer resources and support for those struggling, it also offers a therapy benefit. The program offers confidential therapy sessions with the first five sessions provided at no charge. For more information, visit https://nvbar.org/for-lawyers/resources/wellbeing/therapy/. (last visited July 6, 2025).
Be cognizant of your stress triggers. You can then begin to implement these tools and figure out which work best for you.
Whether you are a fellow employee, managing partner, or law firm owner, it is important to also recognize those cues of colleagues or fellow employees struggling. These can include personality shifts or mood swings, over/under reacting to situations, absenteeism or working less (or many more) hours, signs of drinking or substance abuse, missing deadlines, poor work product or inability to focus on work, changes in appearance, irritability, and lying.
If you spot these symptoms, as a fellow employee, talk to management. At many larger firms, there are wellness programs designed to assist. As a manager, offer support and help and provide your employees with resources. This could range from FMLA leave to therapy sessions offered through Nevada Lawyer Assistance Program to shuffling work obligations. If you don’t know what to do, reach out to professionals that can assist.
This is a demanding profession, and your well-being is not optional. Prioritize it, protect it, and pay attention to those around you. You can’t pour from an empty cup, and you can’t lead if you’re sinking. Put your life vest on first. Then help others do the same.
About the author
Jennifer L. Braster is a founding partner at Naylor & Braster, a commercial litigation firm in Las Vegas, Nevada. Jennifer routinely practices in both the federal and state courts in Nevada and in the areas of commercial litigation, consumer finance, and appellate law. Contact her at 702-420-7000.
About the article
* About: The CCBA’s Article #19: “The Silent Struggle: Mental Health in the Legal Profession” offers 1.0 Substance Abuse/Addiction/Mental Health (AAMH) CLE Credit Continuing Legal Education (CLE) credit to Nevada lawyers who complete the test and order form per the offer described in the November 2025 issue of Communiqué. See pp. 24-29 of PDF: https://clarkcountybar.org/wp-content/uploads/2025/11/2025-11-Communique-Final-web.pdf. The CCBA is an Accredited Provider with the NV CLE Board.
This article was originally published in the Communiqué (Nov. 2025), the official publication of the Clark County Bar Association. See https://clarkcountybar.org/about/member-benefits/communique-2025/communique-nov-2025/. The printed magazine will be mailed out to CCBA members on October 30, 2025.
The articles and advertisements appearing in Communiqué magazine do not necessarily reflect the opinion of the CCBA, the CCBA Publications Committee, the editorial board, or the other authors. All legal and other issues discussed are not for the purpose of answering specific legal questions. Attorneys and others are strongly advised to independently research all issues.
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