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Beyond Crisis: The Next Chapter of Lawyer Well-Being

The legal profession has spent more than a decade documenting its well-being challenges. The evidence now invites a broader conversation about prevention, professional culture, and the responsibility to support well-being throughout the legal community.

The legal profession has become increasingly willing to examine the human consequences of its own professional culture. Over the past decade, researchers, bar associations, Lawyer Assistance Programs, and professional organizations have devoted substantial attention to depression, anxiety, substance use, burnout, and the working conditions associated with psychological distress among lawyers. What was once discussed primarily in the context of professional impairment has become an established subject of research, continuing legal education, and institutional concern. The willingness to acknowledge these problems represents meaningful progress in a profession that has historically placed considerable value on endurance, independence, and the ability to perform under pressure.

Yet the accumulation of evidence presents a question that deserves more attention than it has received. If we now understand that substantial portions of the legal community experience conditions that threaten their well-being, should our primary response continue to concentrate on identifying and assisting those who are already struggling? Certainly, that work remains essential. But the evidence also suggests that the profession needs to expand its attention beyond remedial services and toward the conditions that allow people to maintain and strengthen their well-being throughout their careers. The distinction is more than a matter of terminology. It reflects a different understanding of what well-being programs are intended to accomplish, who should participate, and where responsibility for meaningful improvement belongs.

The Research Has Established the Problem

The September 2026 publication of When Demands Equal Distress: An Updated Understanding of Lawyer Mental Health and Well-being, by Patrick R. Krill and Justin J. Anker, provides extensive contemporary evidence of the challenges facing the profession. Conducted in partnership with the American Bar Association's Commission on Lawyer Assistance Programs, the research collected responses from 39,036 lawyers across 28 participating jurisdictions, with 36,925 respondents eligible for demographic weighting. The study builds on the influential 2016 ABA–Hazelden Betty Ford research and substantially expands the available evidence concerning lawyer mental health, occupational demands, and professional well-being.

The findings are significant. Nearly half of respondents, 47.5%, reported high or very high levels of work-related burnout. Moderate or higher symptoms of depression were reported by 21.6%, while 20.4% reported comparable symptoms of anxiety. Another 18.9% reported moderate or higher stress symptoms, and 41.8% screened positive for risky alcohol use under standard AUDIT-C thresholds. High or very high levels of work–family conflict were reported by 35.9% of respondents. Although screening measures should not be confused with clinical diagnoses, their prevalence across a large professional population warrants serious attention.

The research also offers insight into the relationship between individual distress and the conditions of legal practice. Work-related burnout, occupational demands, and work–family conflict were associated with poorer mental health outcomes. The study's cross-sectional design does not establish that particular workplace conditions caused individual mental health outcomes, but the associations challenge an exclusively individual approach to prevention and intervention. More than half of respondents identified confidentiality concerns as a barrier to seeking assistance, and nearly half expressed concern about potential damage to their professional reputation or career. Awareness has increased, but willingness to acknowledge personal difficulty does not necessarily follow from greater public acceptance of the issue.

Taken together, the findings reinforce a conclusion that has become difficult to dispute: the legal profession faces substantial and persistent well-being challenges. Additional research will refine our understanding of those challenges and evaluate the effectiveness of interventions. But we no longer need to establish the existence of the problem before beginning a broader discussion about how the profession should respond.

The Historical Role of Lawyer Assistance Programs

Lawyer Assistance Programs have occupied an important place in the profession's response to mental health and substance use concerns. Their historical responsibilities have included confidential assistance, referral to treatment, peer support, recovery resources, and intervention when an attorney's condition threatens personal safety, professional competence, or the ability to continue practicing law. LAP professionals have frequently worked with individuals experiencing some of the most difficult circumstances of their professional lives, often in environments where disclosure carries substantial personal and professional consequences.

Confidential assistance and recovery support have helped lawyers navigate circumstances that might otherwise have ended careers or caused more serious harm. LAP professionals have also contributed significantly to reducing stigma, educating the profession, and establishing the principle that seeking help is compatible with professional responsibility. Their experience provides an essential foundation for any serious discussion of lawyer well-being.

At the same time, the historical emphasis on impairment, distress, and recovery has understandably shaped how many lawyers perceive well-being services. Programs developed to assist individuals in difficulty can become associated with the difficulties themselves, even when their services are available more broadly. Lawyers who do not identify as experiencing a mental health or substance use problem may therefore see little reason to participate. Others may avoid participation because they fear creating an impression of professional vulnerability.

This challenge cannot be resolved simply by expanding existing remedial services. Those services remain necessary, but their existence does not necessarily create a culture in which the broader professional population actively considers and supports well-being. The profession needs to preserve the specialized work of LAPs while developing a complementary approach that treats well-being as a normal and continuing dimension of professional life.

Well-Being Extends Beyond the Absence of Impairment

Much of the historical conversation about lawyer well-being has been organized around identifying and reducing negative conditions. Depression, anxiety, problematic substance use, burnout, and professional impairment are important subjects because they can produce serious harm. Their prevalence provides compelling evidence of the need for intervention, and reducing that prevalence remains a legitimate measure of progress.

But the absence of an identifiable mental health condition does not necessarily indicate well-being. A lawyer may be professionally competent, financially successful, and free of diagnosable psychological distress while experiencing isolation, exhaustion, diminished creativity, or a growing separation between professional obligations and personal meaning. Another lawyer may be managing a mental health condition while maintaining strong relationships, meaningful work, supportive routines, and substantial personal well-being. These experiences illustrate why well-being cannot be understood through impairment alone.

A broader understanding recognizes well-being as multidimensional, shaped by personal experience, available resources, relationships, professional circumstances, and the environments in which people live and work. Mental and emotional stability matter, but so do physical health and energy, relationships and belonging, purpose and meaning, learning and growth, creative expression, and financial and career security. These dimensions interact, sometimes reinforcing one another and sometimes creating competing demands that require attention and adjustment.

This perspective changes the population that well-being programs are intended to serve. If the purpose is primarily to address impairment, participation will concentrate among individuals experiencing or approaching serious difficulty. If the purpose is to support well-being as an ongoing aspect of human and professional life, the relevant population becomes the entire legal community. Lawyers who are functioning effectively still experience changing demands, shifting priorities, professional transitions, and circumstances that affect their capacity to sustain meaningful lives.

The objective is not to suggest that every lawyer requires treatment or a structured improvement plan. Rather, everyone has a legitimate interest in understanding the conditions that support personal well-being and accessing resources that help maintain it. That recognition creates room for programs that are preventive, developmental, and broadly accessible without being organized around an assumption of deficiency.

Prevention Requires Attention to the Conditions of Practice

Expanding programming beyond remedial services requires a more complete understanding of prevention. Early identification of distress is valuable, particularly when it allows individuals to obtain assistance before difficulties become more severe. But prevention cannot be limited to detecting problems sooner. It must consider the conditions that contribute to those problems and opportunities to strengthen well-being before significant distress develops.

Consider an attorney working in an environment characterized by unpredictable deadlines, limited autonomy, sustained workload pressure, and expectations of constant availability. Education about stress management, personal boundaries, sleep, and physical health may help. Yet the underlying conditions remain relevant, particularly when they affect an entire team or organization rather than an isolated individual.

This is where individual and organizational responsibility intersect. People have meaningful agency in how they respond to circumstances, establish intentions, seek assistance, and make choices. But agency operates within environments that may expand or constrain available choices. A lawyer cannot independently correct chronic understaffing, contradictory leadership expectations, or an organizational culture that rewards excessive working hours. Treating those conditions exclusively as individual resilience challenges overlooks an important part of the problem.

The Krill–Anker findings reinforce the need to examine both dimensions. Relationships among burnout, occupational demands, work–family conflict, and psychological distress suggest that the organization of legal work deserves attention alongside individual health behaviors. A comprehensive preventive approach should combine individual resources with organizational learning, leadership development, workload evaluation, and changes to professional practices that create avoidable barriers to well-being.

This does not require eliminating demands inherent in legal practice. The profession will continue to involve conflict, uncertainty, consequential decisions, and periods of intense work. The more useful question is whether organizations can distinguish necessary professional demands from avoidable conditions that diminish well-being without improving legal services. That distinction connects well-being to decisions that individuals and organizations can influence.

A Broader Role for the Profession

A universal approach should not be understood as a proposal to transform LAPs into general professional development organizations. Many programs operate with limited staff and resources while carrying substantial responsibilities for confidential assistance and crisis intervention. Expanding expectations without corresponding support could compromise essential services.

Instead, the opportunity is to develop a broader well-being infrastructure in which LAPs contribute expertise while responsibility is shared among bar associations, employers, law schools, professional organizations, and individual lawyers. LAP professionals understand trust, confidentiality, stigma reduction, and the relationship between professional identity and help-seeking behavior. Their knowledge can inform universal programming without requiring them to administer every component.

Bar associations can establish well-being as an ordinary subject of professional education. Employers can examine workload distribution, supervision, autonomy, and expectations surrounding availability. Law schools can introduce students to well-being as part of developing a sustainable professional identity. Individual lawyers can reflect on their circumstances and participate in programs without having to identify themselves as distressed or at risk.

This approach preserves specialized assistance while creating opportunities for the larger professional population. A lawyer engaging in a voluntary well-being assessment, attending a program about professional sustainability, or examining the relationship between work and personal meaning should not be viewed as exhibiting a problem. These activities can become ordinary elements of professional development, much as continuing education and mentoring already are.

Such a change may also benefit those who need specialized assistance. When well-being becomes a routine professional concern, participation in related programs carries less stigma, and conversations about personal difficulties may become easier. Universal programming cannot eliminate barriers to help-seeking, but it can contribute to a culture in which acknowledging human needs is less likely to be interpreted as professional weakness.

From Awareness to Organizational Learning

The profession's next challenge is translating its understanding of well-being into practices that can be evaluated and improved over time. Educational programming and public commitments have value, but they do not necessarily reveal whether conditions affecting lawyers are changing. Organizations need ways to understand experiences, recognize recurring barriers, and assess whether interventions produce meaningful improvements.

A survey may identify elevated stress or reduced satisfaction, but those findings are only a starting point. Their value depends on whether an organization can examine associated circumstances, identify appropriate responses, and evaluate changes over time. Measurement becomes useful when it supports informed decisions rather than merely documenting conditions already suspected to exist.

Ethical discipline is especially important in the legal profession, where confidentiality and professional reputation remain substantial concerns. Well-being measurement should be voluntary, transparent, and designed to protect individual privacy. Organizational reporting should rely on appropriate aggregation, particularly in small departments or practice groups. Information gathered for well-being purposes should not be repurposed for performance evaluation, employment decisions, or other uses that undermine trust.

These safeguards determine whether lawyers can participate meaningfully and whether organizations can develop reliable information about their conditions. A system that discourages candid participation will produce limited understanding, regardless of measurement sophistication. The purpose should be to identify patterns, understand barriers, and support constructive change while preserving the autonomy and dignity of participants.

Over time, this approach can move well-being from disconnected initiatives toward continuous organizational learning. Programs can be evaluated against the conditions they are intended to improve, and resources directed toward interventions supported by evidence and experience. Individual well-being remains central, but organizations become more capable of understanding their contribution to the environments in which it develops.

The Next Chapter of Lawyer Well-Being

The legal profession has spent more than a decade establishing the seriousness of its mental health and well-being challenges. The 2026 ABA CoLAP–Krill research confirms substantial levels of burnout, psychological distress, risky alcohol use, and work–family conflict. It also reinforces the importance of examining occupational conditions and persistent barriers that discourage lawyers from seeking assistance. These findings justify continued investment in confidential services, early intervention, and recovery support.

They also support a broader ambition. The profession should not have to wait until lawyers experience significant distress before taking an interest in their well-being. Nor should the effectiveness of initiatives be judged exclusively by reductions in impairment or the number of people receiving remedial services. Those outcomes matter, but a more complete understanding of progress would also consider sustainable workloads, supportive relationships, meaningful professional lives, opportunities for growth, and environments that respect responsibilities beyond legal practice.

The next phase will require retaining what the profession has learned from its historical focus on crisis and recovery while expanding attention to prevention and universal participation. LAPs will remain indispensable partners, but responsibility must extend beyond programs created to assist lawyers in difficulty. It belongs within the ordinary structures, expectations, and decisions that shape professional life.

The research has provided ample reason to take lawyer well-being seriously. The opportunity now is to move from documenting the consequences of professional distress toward developing the conditions that help prevent it. Well-being is not simply a response to what has gone wrong. It is an ongoing consideration in how people practice law, how organizations support their members, and how the profession defines a sustainable and meaningful career.

References

Krill, P. R., & Anker, J. J. (2026). When demands equal distress: An updated understanding of lawyer mental health and well-being. Journal of Affective Disorders, 415, 122479. https://doi.org/10.1016/j.jad.2026.122479

American Bar Association, Commission on Lawyer Assistance Programs. (2026). Survey of Lawyer Well-Being: The 2025–2026 ABA CoLAP–Krill Strategies Research Project. https://www.americanbar.org/groups/lawyer_assistance/research/lawyer-well-being/

American Bar Association. (2026, September 10). New ABA/Krill Strategies lawyer mental health study shows escalating burnout, risky alcohol use. https://www.americanbar.org/news/abanews/aba-news-archives/2026/09/new-lawyer-mental-health-study/

Maybe Markers?

Maybe Markers?

Maybe watercolors are not your thing. Maybe not even watercolor pencils, that's OK. There are some GREAT markers that will work perfectly in your travel kit.

The thing to remember about markers is that they are a bit more expensive and if you try to use them on an uncoated paper (like a watercolor journal or drawing sketchbook), the ink will be gone in a heartbeat, so make sure you are using a surface compatible with markers - coated at least - specially made marker paper preferred. I'll include a recommendation for marker journals below.

First, my favorite markers.

The best value in markers on the market are the Duel Brush Pens from Tombow. They are are the best because they last (assuming you're not using them on watercolor or other uncoated paper), have a smooth flow of ink, blend colors, and have a great firmness/flexibility balance on the brush tips. They also come in several pre-packaged sets that can match your favorite subjects such as landscapes, flesh-tones, desert plants, etc.

Here are the ones I suggest starting with:

1. Tombow ABT Dual Brush Pen Set of 10, Primary

2. Tombow 56171 Dual Brush Pen Art Markers, Grayscale, 10-Pack. Blendable, Brush and Fine Tip Markers

3. Tombow ABT Dual Brush Pen set of 10, LANDSCAPE

4. Tombow Dual End Brush Pen Sets (Portrait) 1


Now for a good marker-friendly sketchbook.

These are by far my favorite marker sketchbooks. I especially like that the pages are perforated so you can tear them out easily and give your art away (or sell it). There is also a loose sheet included in each to keep your ink from bleeding through to the next sheet in the book, which is always a possibility with markers.

1. Ohuhu Marker Pads Art Sketchbook, 7.4"x10" Large Paper Size, 120 lb/200 gsm Drawing Papers, 78 Sheets/156 Pages, Hardcover Sketch Book for Alcohol Markers

2. Ohuhu Double-Sided Marker Pad Art Sketchbook Bleedproof - 8.3"x8.3" Square Paper Size - 90 lb/150 gsm Smooth Drawing Paper - 60 Sheets/120 Pages - Hardcover Sketching Book for Alcohol Markers Paints

Travel Sketch/Watercolor Journals

Travel Sketch/Watercolor Journals

I have been art-journaling as a way to pay better attention at conferences, in long group meetings, and in countless hours of waiting while my children were at dance rehearsals, classes, competitions, intensives, and performances. I have a bunch of these in different sizes, weights, and textures. I keep one in my backpack, one in my motorcycle pannier, one in the seat pocket of my pickup - you get the idea.

There is no absolutely "right" solution. However, I like all the products from a company named "Handbook" (or "Hand•Book Journal Co."). I like these because they are both functional and sensual. Functionally, the paper quality is top notch, the journals have a pocket on the inside back cover, bookmark ribbon, and elastic closure (though the elastic closure stretches and wears out quickly). Sensually, they "feel right" in one's hand. The covers are cloth, the weight is substantial without being too heavy, and they hold up well to being tossed around. They also fit in a big coat pocket, the pocket of my utilikilt, and the inside pocket of my vest.

I usually prefer the "Large Landscape" size. Here are a few different options.

Handbook Watercolor Journal, 5.25" x 8.25" Large Landscape, 200 GSM Cold Press Paper, Natural Linen Cover, 60 Pages

Handbook Journal Co. Travelogue Artist Canvas Cover Travel Notebook for Drawing and Sketching, Ultramarine Blue, Square 5.5 x 5.5 Inches, 128 GSM Paper, Hardcover w/Pocket

Handbook Journal Co. Sketch Book - Large Portrait 8.25 x 5.5 in Ultramarine European Linen-Bound Hard Cover, 128 Pages (64 Sheets) of 130 GSM Acid-Free Art Drawing Paper, Pocket and Elastic Closure

Watercolor Travel Sets

Watercolor Travel Sets

I travel a good bit, but you don't have to get on airplanes to find great opportunities to create a quick piece of art.

I like to use watercolors when I'm able because:

  1. They are easy to prep, because there really is no prep other than having some liquid available. Yes, I've been known to use coffee during business conferences if it would have been impolite to get up to get a glass of water.
  2. They are inexpensive, relatively. Watercolor sets are WAY more affordable than acrylic or oil.
  3. Unless you are trying to be photo-realistic, watercolors almost require a sense of playfulness that fits a beginner or amateur well. The media gives you a perfect excuse for not being precision-focused in your explorations.
  4. There is almost no clean-up or mess.
  5. A good set will last you years. The larger set in the featured photo above as been traveling with me for 15 years. I've had to replace a pan or two once in a while, but it's definitely been worth the investment for a semi-premium 24 color "half-pan" set.
  6. The little 12-color set is super easy to take everywhere. I have several of these sets - one in my travel bag, one in my motorcycle pannier, etc.

Recommendations:

For your "Primary" set I recommend a 24 color half-pan set something like what I have in the photo above. I honestly can't find the exact product that I love so much - maybe they don't make them anymore, but look for these elements:

  1. Replaceable/Refillable "Pans" - If you go through your favorite color quickly, or hate a color in the set and want to use a different one, these little modular plastic pans are wonderful. Mine can also be re-arranged to fit my personal preferences - like putting flesh-tones in one area.
  2. Room for a few different-sized brushes.
  3. Plenty of room in the lid or another palette element to create washes and blends. These kits are not designed to give you the volume you'll need for art bigger than about 10x15 inches. Think about the size of paper you can fit in your backpack and these will be fine. For images larger than that, you'll want to buy tubes of watercolor and use a larger pallet such as a dinner plate or ice cube tray.
  4. I like the center area of my larger kit because I was able to add 4 more pans, plus room for some watercolor crayons. If needed, my tray could hold 36 half-pans of paint.

Super-Small Travel Set:

Winsor & Newton Cotman Watercolor Paint Set, Sketchers' Pocket Set, 12 Half Pan w/ Brush


Primary Watercolor Travel Set: 24 Color half-pan set.

Windsor & Newton Professional Watercolor Paint Set, Lightweight Metal Box, 24 Half Pan

This isn't my exact travel kit, but it's comparable and will serve you well!

Examples of traveling watercolor work.

Pentel Arts Pocket Brush Pen

Pentel Arts Pocket Brush Pen

This is an absolute essential for any traveling art supply kit. You'll want to get more than one, and some extra refils.

Pentel Arts Pocket Brush Pen

Pentel Arts Brush Pen Refills

Here are some examples of art using one of these pens.

The examples below use the brush pen for the finishing ink lines. The ink is water based, so you can use it alone and then create washes if you're just wanting to work in shades of gray.