From Puck Magazine, 1908. Various Wall Street figures react to Moses and the Ten Commandments.
When entering law school, and sometimes even before law school, students are put in front of this metaphorical “fork-in-the-road.”
Transactional or litigation?
In most law schools today, those are the two apparent options. However, this is just not the case anymore. There is at least one more, and emerging, option: the compliance route. It’s not completely transactional nor is it at all litigation. In some cases it takes ideas from both, and involves a bit of work in areas that would not necessarily be considered “practicing law.”
Oh, I’m sure I just hit a nerve for many of you. “Why would you go to law school and get into mountains of debt, and then get a job where you’re not completely practicing law?”
Bear with me and let me explain.
o In June 2016, a car manufacturer was forced to spend $14.7 billion to settle allegations of cheating emissions tests and deceiving customers on its diesel vehicles.
o In September 2016, a banking giant was hit with $185 million in fines by governmental authorities after thousands of its employees illegally opened unauthorized bank accounts. Earlier this year, new regulatory restrictions were imposed against the bank essentially halting the growth of the business until there has been sufficient improvement in its business practices.
Last week, the American Bar Association (“ABA”) designated and celebrated October 10th, 2018 as National Mental Health Day for Law Schools.[1] This date coincided with the World Mental Health Day.[2] The ABA’s National Mental Health Day for Law Schools serves as a vital reminder that the legal profession is not immune from mental health problems. In fact, the numbers themselves highlight just how important discussing and tackling mental health and wellness are to both law schools and the legal profession in general. Both law students and lawyers suffer in large numbers from mental illness and substance abuse. Therefore, it is important to address these concerns and to help both law students and attorneys live a life that focuses on their wellbeing.
Statistics on Attorneys
In comparison to other professions, lawyers themselves experience higher rates of mental health issues and substance abuse. Attorneys are the most frequently depressed occupational group in the United States, and they are 3.6 times more likely to suffer from depression in comparison to non-lawyers.[3] In a study of roughly 13,000 practicing attorneys conducted by the ABA Commission on Lawyer Assistance Programs and Hazelden Betty Ford Foundation, 28% of the attorneys reported experiencing depression, 23% reported experiencing stress, and 19% reported experiencing anxiety.[4] Of these participants, 21% are qualified as problem drinkers, and they “experience problematic drinking that is hazardous, harmful, or otherwise generally consistent with alcohol use disorders at a rate much higher than other populations.”[5]
This same study found that younger attorneys, rather than older attorneys, are at a greater risk for experiencing these issues.
Black residential segregation as reflected in 2000 Milwaukee Census
In his commentary on May 24, 2018, “Bucks guard Sterling Brown is lucky he wasn’t killed by Milwaukee Police,” Martenzie Johnson casually observes that “Milwaukee is one of the most segregated cities in America, is one of the worst cities for black Americans, economically, the worst city for African-American children to grow up in and is home to the zip code with the highest incarceration rate in the country.”
I moved to Milwaukee in 1984 to become a Marquette Lawyer. I took my first law school exam on my 30th birthday – Torts by Professor James Ghiardi. In May of 1987, like every Marquette lawyer graduating before me and after me, I took the attorney’s oath. I swore to “support the Constitution of the United States,” the one ordained and established in order to “form a more perfect Union.” I never left Milwaukee and I am proud to say I am from Milwaukee. Yet I am at a complete loss of words to describe how it is that we, my law school and my fellow Marquette lawyers, go about our busy daily lives virtually unconscious of living in “one of the most segregated cities in America.” If you believe you can frame the types of questions that, if answered properly and acted on, will help us deconstruct our segregated Milwaukee, then I strongly encourage you to write and to weigh in now.
In October 2015, I was involved in a three week medical malpractice trial in Outagamie County. Judge Mark McGinnis was presiding, who is one of the best trial judges currently on the bench. I came home Friday to rest and prepare for the final week of trial. A little after 1 am on October 31, 2015 the incessant ring of the telephone pulled me from a deep slumber. The voice of a woman said, “Mr. Thomsen, we tried for 45 minutes, but we couldn’t save your son.” My wife, Grace, sitting up asks: “What did they say?” “He’s gone.” “Noooooo…” turned into a mourning howl. It is unforgettable. And so it is that in one instant the eye of a category 5 hurricane shreds your bed, your son’s mother, your wife, his sister, his fiancé, his daughter, his uncles, aunts, cousins, grandmothers, friends — my life and theirs too. Judge McGinnis and defense counsel all agreed to a mistrial if I asked for one. I returned to finish the trial. The case had progressed and in a way that could not have been replicated. The lawyer’s oath is a demanding one.
Yet somehow in the eye of the hurricane you can find love: the love of my son’s fiancé, of my now daughter-in-law Sydney, and my granddaughter, Sienna. They are proudly biracial. Sydney is considering law school. I suggested that she become a Marquette Lawyer. She said “no” because Milwaukee and Milwaukee County are too segregated. The truth hurts so much.
