A True Confession

The stigma around mental health issues is something that is abhorrent, insidious and obsolete.

Holidays can be tough, especially the end of year holidays. They come in a torrent concurrently with the last minute billing, or sales rush, depending on whether you’re in-house or at a firm. Coupled with all the baggage that family, significant others, etc., can place on a person, it can be a real issue psychologically. In fact, if it overwhelms you, it can break you mentally. I once suffered such a break, and it is something I am ready to admit publicly.

The stigma around mental health issues is something that is abhorrent, insidious and obsolete. It is 2015 for God’s sake, and we ought to be viewing mental health through the same lens as physical health. In fact, they are intertwined. Depression or anxiety can lead to a host of physiological issues, and vice versa. Unfortunately, in business, we tend to view those that have mental wellness issues as “less than” or not worthy of support. Or, if we do give support, there tends to be a scarlet letter attached to a colleague with such issues. I say enough. Attorneys are infamous for their divorce rate, substance abuse rate, and suicide rate. Notice a pattern? They are inextricably linked to mental wellness. But, a partner with terminal cancer is more likely to publicly acknowledge her illness, than a partner who has a mental issue. Even though the cancer patient may be likely to pass away long before the person with mental illness. And through treatment, the person suffering a mental illness may never show signs outwardly that they are suffering, and live a somewhat normal life. But, admit such an illness within your business or firm, and you may as well kiss your career ladder climb goodbye.

This is a deeply fact-specific issue, and one that could take up numerous volumes of literature to debate, analyze and solve; except there is no single solution. Each case is different, and there is no one way for a business to handle such cases, except through professionalism and empathy. If a person is suffering, the best case would be for a business to acknowledge that the person is sick, help them through treatment, and accept them back into the fold if symptoms subside. There should be no whisper campaign, no illegal questions about what is “going on”, or a pigeonhole into a non-partner track. I know many wonderful attorneys with mental health issues who succeed every day. The problem is that we expect them to keep such issues in the closet, as though there were something to be ashamed of because they are ill. I say enough.

It is difficult enough to make any sort of career in this field nowadays. For the majority of us, it is a fight to find and keep good jobs, let alone thrive in the profession. So, many of those with mental health issues push them far away from the public eye for fear — and it is a very real fear, that they will be viewed as less than in the eyes of their colleagues, recruiters, superiors, or others. I know that it happened to me. I lived through the sideways glances, the inappropriate questions, the suddenly less than stellar annual reviews, and the penultimate push, over a scotch at a country club. Nothing that could be proven without doubt, but enough friendly partners gave me a heads up that I knew what was coming, and why.

As we head into 2016, let us begin to take a stand in favor of those who suffer, no matter the illness. Let us begin to allow everyone who chooses to practice law to feel free to be open about their illnesses. The time is long passed for mental illness to be a challenge and not a stigma. Happy Holidays, and I truly hope for a peaceful holiday season for you all.


David Mowry is Senior Counsel to a large technology company. The views expressed do not necessarily reflect the company’s position or opinion on issues raised herein.

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David is a former litigator, two-time federal clerk, and former Chair of the Association of Corporate Counsel’s New to In House Committee, and is available for speaking engagements. If interested, you may reach him at dmowry00@gmail.com.

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