RESTING YOUR CASE – AND YOURSELF

This year’s summer solstice has passed, and the Fourth of July weekend has come and gone. Have you taken – or at least planned – a vacation yet this year? For many lawyers, the answer appears to be “no.” An American Lawyer 2025 survey of 3,000 lawyers revealed that while about 36% said they use all their vacation time, 10% of lawyers said they take no time off at all. A 2024 survey conducted by Law360 Pulse found that more than 20% of lawyers planned to take one week or less vacation that year. Associates were even less likely to take time off: almost one-third reported they planned to take a week or less vacation time.

Why does this matter? Because the aforementioned studies also assessed lawyer mental health generally, and confirmed what we have known officially since 2017 when the ABA National Task Force on Lawyer Well-Being issued its report: lawyers suffer from high amounts of stress that take a big toll on our physical and mental health, potentially leading to cardiac disorders, burnout, depression, anxiety disorders, or substance abuse. Chronic stress was reported by 38% of lawyers overall (and 47% of women lawyers) in the Law360 Pulse survey. Fifty-six percent of lawyers working more than 50 hours per week reported chronic stress. Although our awareness of the impact of stress on lawyer mental health has improved in the eight years since the ABA report, implementation of helpful policies to moderate stress has been slow.

So why don’t lawyers take more time off? Sadly, the culture at many firms tends to discourage or even penalize time off. Forty-seven percent of those surveyed by the American Lawyer said that their manager discouraged taking time off. One attorney reported that they didn’t want to go on vacation and have the firm see them as replaceable. Many lawyers cited pressure to make billable hours goals, client demands, not wanting to have work piling up while they’re gone, or a firm culture of being online 24/7 as preventing them from taking vacation time. Although associates may believe they can take some time off when they make partner, the extra demands of partnership may make taking time off an even bigger challenge.

While it is tempting to say that it is good for clients and for the legal profession to have lawyers available 24/7 for their clients, it is only a good thing if those lawyers are consistently at the top of their game. Probably this is not the case. Chronic stress has been shown to impair working memory, concentration, problem-solving ability, efficiency, social skills, and creativity – all skills necessary for good lawyering. Our brains need rest and relaxation to function properly over time, and vacations are a good way to interrupt chronic stress, relieve monotony, and let our brains reset, according to Susan Albers, PsyD, of the Cleveland Clinic. Vacations can decrease stress hormones like cortisol, and trigger release of hormones like serotonin, dopamine, and endorphins, all of which contribute to a better mood, a sense of well-being, and improved cognitive function. Although a week or more off is ideal, even a day or two of leisure time can make a positive difference.

It will be difficult to shift the culture of the legal profession in a way that normalizes taking time off to rest and rejuvenate. But lawyers are logical people, and for the most part we have our clients’ best interests at heart. As the evidence accumulates that leisure time is essential to mental health and optimum brain function, we need to spread the word, take some time off, and encourage our colleagues to rest as well. It’s in everyone’s best interests.

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Restorative Justice Circles in Racine Correctional Institution

This blog post is coauthored by Professors Judith G. McMullen and Mary E. Triggiano.

Andrew Center LogoEarly last month, a group from Marquette University Law School began a restorative justice (RJ) circle event at Racine Correctional Institution. One of us (Professor Mary Triggiano, Director of the Andrew Center for Restorative Justice and former Chief Judge of the Milwaukee County Circuit Court) guided the other (Professor Judith McMullen), six law students, eight community members, and 18 incarcerated men through a series of RJ circles over the course of three days. We believe that our community may be interested in this brief account of the experience.

RJ brings people who have harmed others together with people who have been harmed and with community members to promote understanding and healing. RJ practices borrow heavily from methods used by indigenous peoples to solve disputes, mend social relationships, and promote healing. The essence of RJ is “the circle,” where participants sit, whether in chairs or on the floor, in a circle, the facilitator asks a question, and a talking piece is then passed from person to person. Only the person holding the talking piece can speak; no one is allowed to interrupt, and all are asked to practice deep listening and to share stories with an open heart.

A foundational idea of RJ is that when someone commits a harm, there is a ripple effect such that not only the victim of the crime is hurt but so, too, are people in that person’s family and broader community—hence the need in appropriate instances to bring together into the circle survivors of crime, family members, community members, and those who have harmed. RJ challenges participants to see each other’s points of view or experiences, to take ownership of acts they have committed, and to have empathy for each other’s suffering. A tall order, indeed.

On the first day of circles at Racine Correctional Institution, incarcerated men, survivors of violent crimes, and community members took part in various circles, answering queries posed by Triggiano, and listening to each other. This sharing of experience leads circle participants to see each other as fellow human beings with a number of similar needs, fears, and hopes. At one point, the circle was divided into groups to discuss the ripple effect of a hypothetical armed robbery of a mom-and-pop grocery store during which the store owner falls and breaks his hip. Group members quickly identified the harmful effects not only on the unfortunate grocer but also on his family, his employees, his customers, the neighborhood, the first responders, the families of the robbers, and even the robbers themselves. Later, participants would begin to identify the ripple effects of harm they themselves had committed or harms they themselves had suffered.

The second day of the circle centered on the incredibly painful stories of three courageous individuals who had survived violent crimes. Each survivor spoke at length about their life, experiences before, during, and “after” being harmed, and the toll the harm took on them and on their family. Then, each participant in the circle spoke about their reaction to the stories. The near-term impact of these shared stories on the circle participants was almost breathtaking.

Day three focused on healing harms to self and others. As the talking piece was passed around and circle members described the impact of hearing the experiences of survivors, several participants acknowledged that they had not considered the ripple effects of things they had done in the past, but hearing from people who had been harmed by similar crimes stopped them in their tracks and allowed them to own up to what they had done. Listening to the survivors led the men to remember some wrongs that they themselves had experienced and the painful feelings associated with those events. Community participants and survivors came to realize that many of the incarcerated men had themselves survived violent crimes of all sorts. Day three also included a skit designed to lead participants to identify and describe the positive effects of RJ. We divided into five groups, and acted out a skit where several people would try to convince a drug dealer to participate in an RJ circle. Speaking as someone who played the role of drug dealer, Professor McMullen can state from experience that the exercise not only summarized the RJ process and effects but also made everyone walk in someone else’s shoes and look at the world from another perspective.

We were, as one community participant put it, planting seeds of compassion, empathy, understanding, and healing. But we also were able to see tiny sprouts emerge from some of the seeds in the RJ circles. The Law School’s Andrew Center for Restorative Justice is poised to facilitate more circles at Racine Correctional Institution in the future to nurture those sprouts and plant more seeds of hope.

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Interrupting the Intergenerational Trauma of Family Violence

Shadows of child and adult holding handsIn recent years, lawyers and judges have increasingly recognized the role that exposure to trauma plays in the lives of persons who are involved with the legal system. While trauma can come in many forms,  providers of mental health or legal services need to be especially aware of trauma that is ongoing and has intergenerational consequences. The term “intergenerational trauma” has most often been associated with societal trauma that has been inflicted on certain racial or ethnic groups, who live with the effects and pass them along to succeeding generations. Frequently discussed examples of this are African American slavery, Native American forced attendance at boarding schools, and the Holocaust of World War II. All of these horrors affected survivors in a myriad of ways, and the economic, social, and emotional impact can be felt many generations later.

Here, though, I want to focus on a more mundane and equal-opportunity form of intergenerational trauma: family violence, which is defined here as physical, sexual, or emotional abuse or aggression directed against an intimate partner or child in the family. These are sadly common behaviors that occur across race, gender, and socio-economic status lines. The Centers for Disease Control and Prevention (CDC) estimates that over their lifetimes, approximately 1 in 4 women and 1 in 10 men experience physical or sexual violence or stalking, and more than 43 million women and 38 million men experience psychological aggression. The U.S. Department of Health & Human Services reports that in 2019 there were approximately 656,000 victims of child abuse and neglect in the U.S., which is a rate of 8.9 victims per 1,000 children Certain ethnic groups such as American Indians and African Americans had even higher rates, and children under 1 year of age had a rate of victimization equal to 25.7 per 1,000 children. Evidence suggests that the incidents of family violence have increased during the isolation, stress, and lock-downs of the Covid-19 pandemic.

While conventional wisdom has long suggested that children living in violent homes may learn to be abusers or victims when they grow up, research on the biopsychosocial nature of family violence gives us insight into why this is the case.

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