Mental Health and Law

By Rayaan Mian

  Mental health is a field which has always been shied away from in the country of Pakistan, primarily due to cultural reasons. As such, it is of no surprise that there is also minimal research present within the area, with representation of mental health in relation to other fields being little to none. While there has been a greater focus on mental health more recently within the region, there is still almost no mention of it within prominent professions, such as law. Issues such as major depression and burnout within law schools, and low job satisfaction and high stress in lawyers are almost entirely unacknowledged, and while there has been a shift of focus towards it in the West, there is no current literature associated with it in Pakistan and the neighboring regions.   With regards to law students, research not only suggests high levels of anxiety and depression on a base level, but overall higher levels of symptoms in law students as compared to medical students, which are widely regarded as the most pressured (Dammeyer & Nunez, 1999). This may stem from multiple forms of emotional abuse at law schools, including a form of teaching known as the “Socratic Method”, in which students are singled out and questioned intensively in front of their whole class (Beck & Burns, 1979; Patton, 1968; Stone, 1971; Taylor, 1975). In research conducted, common themes reported among students as a result of this abuse were of humiliation, isolation, and a lack of control (Keashly, 1988). This was corroborated by another study indicated that 50% of law students had reached a level of depression after one year, which would then remain consistently high, while only 23% of medical residents, fellow, and interns reported reaching the same level (Reifman et al., 2001). Furthermore, the same study documented that before starting law schools, the same students had depression levels similar to general population norms. In the context of Pakistan, there is no literature present on the mental health and general emotional wellness of students in law schools, as compared to a plethora of research conducted into the anxiety and depression present within medical students.   It is widely acknowledged that practicing lawyers have a highly intensive profession, with long billable hours and constant competition. It can be seen in pre-existing literature that there is also a high level of job dissatisfaction within the field, as well as a high level of stress reported which acted as a significant motivator for transferring jobs (James, 2008). The literature also showed that the levels of stress primarily stemmed from employment conditions, rather than the legal work itself. As a result of these stressors, depression and anxiety remain high within lawyers, at a rate twice to four times what would be expected from the general population (Benjamin et al., 1990). Furthermore, lawyers are often taught to think rationally and analytically rather than emotionally, and to detach any personal feelings from a case they take up, and this ultimately affects other aspects of their life as well, with some lawyers unable to let go of their rational way of thinking even in personal relationships. There has been no research done into the mental health of lawyers in Pakistan specifically, and so there is no current way to corroborate the pre-existing research from Western countries with the local situation. However, it can be inferred that there is some link and level of similarity between the two.   Emotional intelligence (EI) is the ability to understand, analyze, and regulate emotions. Studies conducted have shown that relatively high levels of EI are directly linked to better mental health in those individuals who exhibit it. It can be categorized into ability EI, which is a measure of the maximum performance an individual can achieve with regards to mental functioning, and trait EI, which is a self-reported, typical measure of performance, stemming mainly from self-perceptions. Previous studies have shown EI to be positively correlated with mental wellbeing along with general overall performance, while it is inversely associated with symptomatology. The reasoning behind this can be derived from the fact that emotional intelligence allows for the adaptive use of emotions as part of the reasoning process, which can then be assessed through maximum performance. Studies done out of Pakistan have shown no distinct gender differences in EI levels within university students and have indicated a negative correlation between EI and aggression, as well as a direct correlation between EI and self-esteem.   The benefits of introducing the topic of emotional intelligence into the field of law, both at the level of professionals and that of students have been well-defined in preexisting literature. EI may lead to a greater capacity to cope with, or refuse, unreasonable demands for long hours in law firms, which can ultimately be linked to both higher productivity and job satisfaction in lawyers. EI also allows lawyers to think creatively and approach cases from different perspectives, through the greater awareness of circumstances and thought processes that may propel behaviors in people. In extension, this would assist lawyers in interviews, negotiation, mediation, and litigation cases. In terms of university students, emotional intelligence can be incorporated into the curriculum, and has been done so in varying degrees for a multitude of reasons. One study alludes to the presence of four “branches” within emotional intelligence that can be advantageous to lawyers – emotional perception and expression, emotional facilitation of thought, emotional understanding, and emotional management. The first branch would not only allow lawyers to identify emotions, but also to distinguish real ones from fake ones, while the second branch would allow them to selectively focus on the aspects they view as important, while also allowing them to use multiple viewpoints and strategies to tackle problems. The third branch would allow lawyers to interpret complex blends of emotions and the relationship/transitions between them, and the final branch would give them the ability to manage emotions both within themselves and others. Furthermore, emotional intelligence does indicate higher levels of mental fortitude and the ability to manage emotions, which may help law students struggling with anxiety and depression to reduce the amount of stress they feel, improving their mood, and optimizing their performance. (Blatt)   Teaching EI within the classroom setting is not a new concept. Previous studies have indicated a range of techniques and methods which can be implemented to impress upon students these abilities, and there are a range of example courses in which EI has been made part of the learning process. One study separates the development of EI into three “keys” – physiology, or the relationship between one’s feelings and the changes in their body’s state, focus, or where one diverts their attention, and lastly meaning, or the narrative behind an emotion felt. One example in which these keys can be used is the reduction of stress, in which deep, heavy breathing (physiology), along with the focus of attention on a single object and the diverting of thought process towards it can help alleviate feelings of anxiety felt. While taught in the classroom, these practices could have an equally large impact outside it, once a person steps into their professional life. There are currently courses being offered at universities like UC Berkley which focus on EI and mindfulness for law students, such as the course Effective and Sustainable Law Practice: The Meditative Perspective. Another example of a course offered was Mindfulness and Professional Identity: Becoming a Lawyer While Keeping Your Values Intact.   In Pakistan, the depth of research done into both emotional intelligence and mental health as a whole in the law sector is minimal, with no studies being present at all in the overlap between the two. It can, however, be inferred that problems such as stress, anxiety, depression, and job satisfaction are just as prevalent within the country as they would be in the West. Furthermore, as compared to the completely lack of mental health studies conducted within law students in Pakistan, there is significantly more effort diverted towards medical students and healthcare professionals, with a number of papers being published detailing the culture and issues prevalent to them. There is also the issue of test- retest reliability within papers originating from Pakistan, as some of them have conflicting results and conclusions. However, given the depth of research coming from other regions, and the generality of a topic such as emotional intelligence and the consequences it has, it can be speculated that the introduction and integration of it into the curriculum in Pakistani law schools would be advantageous and have long-lasting impacts on the field at a much greater level.   References Dammeyer, M. M., & Nunez, N. (1999). Anxiety and depression among law students: Current knowledge and future directions. Law and Human Behavior, 23, 55-73. Beck, P. W., & Burns, D. (1979). Anxiety and depression in law students: Cognitive intervention. Journal of Legal Education, 30, 270-290. Reifman, A., McLntosh, D. N., & Ellsworth, P. C. (2001). Depression and affect among law students during law school. Journal of Emotional Abuse, 2(1), 93–106. https://doi.org/10.1300/j135v02n01_07. James, C. (2008). Lawyer Dissatisfaction, Emotional Intelligence and Clinical Legal Education. Legal Education Review, 18(1/2), 123–137. https://search.informit.org/doi/10.3316/informit.771374411485457. Benjamin, G. A. H., Darling, E. J., & Sales, B. (1990). The prevalence of depression, alcohol abuse, and cocaine abuse among United States lawyers. International Journal of Law and Psychiatry, 13(3), 233–246. https://doi.org/10.1016/0160-2527(90)90019-y.