DEPRESSION RECOVERY FOR LAWYERS JOHN V. MCSHANE McShane and Davis, L.L.P. 8350 North Central Expressway, Suite 1200 Dallas, Texas 75206 Work: (214) 365-9007 Fax: (214) 365-9030 Cell: (214) 728-1832 john@johnvmcshane.com State Bar of Texas COLLABORATIVE LAW COURSE March 10-11, 2011 Dallas CHAPTER 7.2
Depression Recovery for Lawyers Chapter 7.2 TABLE OF CONTENTS CHECKLIST FOR DEPRESSION RECOVERY... 1 THE SYMPTOMS OF MAJOR DEPRESSION... 2 DEPRESSION BIBLIOGRAPHY... 3 DEPRESSION RESOURCES... 4 SUGGESTIONS FOR ASSISTING A DEPRESSED LAWYER... 5 i
Depression Recovery for Lawyers Chapter 7.2 CHECKLIST FOR DEPRESSION RECOVERY 1. Antidepressant Medication. Although many people obtain a ntidepressants from their internist 01' family physician, optimal results are more likely to be obtained when the medication is prescribed and mana ged by a psychiatrist. 2. Psychotherapy. The patient should consider talk therapy with a qualified therapist once pel' week, 01' as reco mmended by the ther apist. 3. Support Groups. Most cities h ave a number of depression support group s. Some of these group s a re free and some provide for payment on a sliding scale. 4. Exercise. It is often very difficult for a depressed person to get out of bed, much less exercise. However, even ShOlt walks will do wonders to improve one's mood. 5. Gratitude List. A number of studies have shown that gratitude for one's blessings (regardless of how grim circumsta nces may appeal') ameliorates depression. It is s uggested that a gratitude list be done onc a day - preferably in the evening before retiring. 6. Prayer. Oftentimes during acute depression we literally feel too sick to pray. Nevertheless, "help" is a complete and adequate prayer. 7. Receive Love from Family and Friends. We often fe el unlovable when we are depressed. However, the unconditional love and companionship of our family and friends is one of the best antidotes to depression. Let them love you. 8. Help Others. It is very difficult to reach out to others when you barely have energy to take care of yourself. Nonetheless, the simple act of calling another depressed person is a mood enhancer. Additionally, their problems will usually put yours into perspective. 9. Read. Depressed people can benefit from reading positive liter ature, humor, scripture, etc. rr the patient is too depressed to co nce ntrate on r eading, it is helpful for a friend 01' r elative to read aloud to him 01' her. 10. Additional Tips for Per sons in Addiction Recovery Programs. Increase meeting attendance, r ework the steps, increase service work and contacts with sponsor. Prepared By: John V. McShane 8350 N. Centra l Expressway, Suite 1200 Dallas, Texas 75206 Work: 214.365.9007; Fax: 214.365-9030 Cell: 214.728.1832 E-Mail: J oh n@johnvlllcshane.col11 1
Depression Recovery for Lawyers Chapter 7.2 THE SYMPTOMS OF MAJOR DEPRESS[ON 1. Feelings of guilt, helplessness or hopelessness 2. Persistent sadness and a pessimistic attitude 3. Difficulty concentrating 4. Loss of interest or pleasure in normal activities that would otherwise bring pleasure, including sex, food, etc. 5. Insomnia, early morning awakenings or over-sleeping 6. Fatigue and lack of energy 7. Weight loss 01' weight gain 8. Slow movements and slow speech 9. Suicidal thoughts 10. Agitation, irritability and increased anger 11. Feelings of self-condemnation 2
Depression Recovery for Lawyers Chapter 7.2 DEPRESSION BIBLIOGRAPHY Solomon, Andrew. The Noonday Demon: An Atlas of Depression. New York, NY Simon & Schuster, 2001 (www.simonandschuster.com). Smith, Laura, Ph.D., and Charles H. Elliott, Ph.D. Depression for Dummies. Hoboken, NJ: Wiley Publishing, Inc., 2003 (www.wiley.com). Real, Terrence. I Don't Want to Talk About It: Overcoming the Secret Legacy of Male Depression. New York, NY Simon & Schuster, 2003 (www.simonandschuster.com). Colbert, Don, M.D. The Bible Cure for Depression and Anxiety. Lake Mary, FL: Siloam, 1999 (www.siloam.com). Burns, David D., M.D. Feeling Good: The New Mood Therapy. New York, NY Harper Collins Publishers, 1981 (www.harpe1.collins.com). Baker, Dan, Ph.D., and Cameron Stauth. What Happy People Know: How the New Science of Happiness Can Change Your Life for the Better. New York, NY St. Martin's Press, 2002 (www.stmartins.com) Amen, Daniel G., M.D. and Lisa C. Routh, M.D. Healing Anxiety and Depression New York, NY Penguin Group, 2003 (www.penguin.com) Ilardi, Stephen S., Ph.D. The Depression Cure Cambridge, MA Da Capo Press, 2009 (www.dacapopress.com) 3
Depression Recovery for Lawyers Chapter 7.2 DEPRESSION RESOURCES Texas Lawyers Assistance Program 800.343-TLAP (8527) Monday Night Group Confidential support group for lawyers who suffer from depression (meets every 2nd Monday of the month from 6:00 p.m to 8:00 p.m. Doubletree Hotel - Campbell Centre 8250 North Central Expressway Dallas, Texas 75204 (contact John McShane at 214.365.9007(0) ; 214.728.1832 (cell) Depression and Bipolar Support Alliance 817.654.7100; website: www.dbsalliance.org Support group for persons with depression and bipolar disorder & their families. Meets first and third Thursdays of month from 7: 00-9:00 p.m. UT Southwestern Medical Center Dallas, Texas 75390 Recovery, Inc. 214.904.0296; e-mail: 170@recovery-inc.org.; website: www.recovery-inc.org Meetings to assist people in using cognitive behavioral therapy to relieve depression: Mondays at 1:00 p.m. Walnut Hill Church of Christ 10550 Marsh Lane Dallas, Texas 75229 Wednesdays at 7:30 p.m. Lake Highland Presbyterian Church 8525 Audelia Road Dallas, Texas 75238 Thursdays at TOO p.m. King of Glory Lutheran Church 6411 LBJ Frwy. Dallas, Texas 75240 National Alliance for the Mentally III 800.950.NAMI (6264); website: www.nami.org 4
Depression Recovery for Lawyers Chapter 7.2 SUGGESTIONS FOR ASSISTING A DEPRESSED LAWYER 1. Recognize that the depressed person is often immobilized or operating with greatly reduced energy and focus. He 01' she may not be able to take effective action against the disease. Therefor e, it is necessary that the helper be proactive in motivating the depressed person to act and in building accountability to see that the therapeutic actions are undertaken. 2. Give the depressed person a copy of t his paper and go over the Checklist for Depression Recovery with him 01' her. 3. Determine which parts of the Checklist for Depression Recovery the depressed person is doing, and which ones are being neglected. Seek a commitment from the depressed person that he or she will undertake one or more additional steps toward r ecovery. Then agree on a completion date and hold the depressed person accountable by calling him or her on the appointed date to determine if the action has been taken. For example, if the depressed person has not seen a psychiatrist for a medication consultation, obtain an agreement with him 01' her as to the date by which an appointment will be made. Then call the depressed per son on that date to follow up on compliance. 4. Openly discuss suicide or suicidal ideations with the depressed person. Ask the depressed per son if he 01' she is having suicidal thoughts. Ask the depressed person if he 01' she has a plan. If the situation is dangerous, refer the depressed person to the appropriate emergency medical a nd psychological support r esources. 5. Read books and articles on depression and become knowledgeable about t he disease and its effect on the afflicted person. Become conversant with t he statistics that reflect the pervasiveness of t he illness a nd share them with the depressed person. It is common for a depressed person to feel that he or she is the only person in the world suffering such agony, and he 01' she is very ashamed of it. The depressed per son needs to know that it is a n illness of epidemic proportions and that he 01' she is not alone. 6. Give the depressed person one 01' more of the books from the attached bibliograp hy. Often it is very hard for a depressed person to read 01' concentrate. Accordingly, Depression for Dummies is a good starting point. Offer to r ead the book to 01' with the depressed person. 5
Depression Recovery for Lawyers Chapter 7.2 7. Strongly encourage the depressed person to engage in prayer, meditation, and relaxation techniques such as yoga. Offer to participate in these activities with the depressed person. Give the depressed person meditation tapes. 8. Be proactive in helping the depressed person exercise. Often the depressed person can barely get out of bed, let alone take a walle However, if you offer to walk with him or her for short distances at first, you can usually persuade them to start walking by beginning with "baby steps." 9. Take the depressed person to depression support groups. Some excellent support groups are listed in the attached materials. 10. Depressed persons in twelve-step recovery programs are likely to neglect meeting attendance, working the steps, and contacting sponsors. Of course, depression is a time when all recovery efforts should be increased rather than reduced. Go to meetings with the depressed person. Encourage the depressed person to talk to his or her sponsor. Get the depressed person into a step study group. 11. Continue to emphasize that "this too shall pass." Studies show that most depressed people who are properly treated and who utilize all of the recovery methods suggested in this paper will eventually get better. 12. In the case of lawyers, recognize that their work may suffer as a result of the depression. Deadlines could be missed and clients or patients could be harmed. Seek to involve the depressed lawyer's staff or colleagues in monitoring his or her practice so that disciplinary problems and harm to clients is avoided. 13. If a lawyer faces disciplinary charges as a result of violations committed while in the grips of depression, assist the depressed lawyer in obtaining and mobilizing a defense team which can present a strong mitigation case at the disciplinary hearing. The defense team should include the following: a. Psychiatrist who can evaluate the depressed lawyer, confirm his or her depression and the debilitating effects on the professional practice, confirm that he or she is now taking medication and verify that he or she is now in recovery and presents no danger to the public by virtue of continued practice. b. Therapist who can confirm that the impaired lawyer is addressing all issues appropriately in talk therapy, and that he or she is stabilized. c. Members of the impaired lawyers support group attended by the impaired lawyer who can verify his or her attendance and enthusiastic participation in the support group. 6
Depression Recovery for Lawyers Chapter 7.2 d. Professional colleagues who can attest to the lawyer's competence and integrity before the onset of depression, and his 01' her current state of functioning since treatment has been obtained. e. Attorney who has experience before the disciplinary agency and extensive experience in presenting cases for impaired lawyers. The attorney would coordinate the activities and testimony of all of the above witnesses. 14. In addition to the above-referenced participants, all appropriate documentary evidence should be marshaled and presented at the disciplinary hearing. This would include proof of monetary restitution where appropriate, psychiatric and psychological evaluations, treatment plans, and documentation of attendance at the appropriate support group. 7