Rainy Day Law Students, Psychological Distress in Law Students, Part I

And on the serious side …

Rainy Day Law Students
Rainy Day Law Students

On my way to class recently, I came across this hand-written annotation posted alongside this rainy day painting hanging in our magnificent law school (recently ranked as the nation’s best law school facility).

Click to enlarge the picture and you’ll see it’s a man standing under a raining umbrella.  The sign says: “Every day in law school

As law students everywhere approach fall semester exams, it once again brought home the sad fact that many law students struggle with anxiety, depression and other psychological dysfunction.

I learned the depth of the problem researching 1L of a Ride: A Well-Traveled Professor’s Roadmap to Success in the First Year of Law School (West 2d ed., 2013). Here are some of the studies I came across:

  • As far back as 1957, a study found that psychological distress in law students significantly out-paces not only the general population, but other graduate student populations, including medical students. (Eron & Redmount, 1957).
  • A 1980s study of law and medical students at the University of Arizona found that law students scored significantly higher than both the general population and medical students in nearly every category of psychological dysfunction, including anxiety, depression, feelings of inadequacy and inferiority, hostility, and obsessive-compulsiveness. (Shanfield & Benjamin, 1985).
  • With regard to the chicken and egg question of whether law school causes psychological distress or attracts people who are already inclined toward it, one study found that law students begin school with psychopathological symptoms similar to the general population, but that those symptoms become substantially elevated during law school. The same study found that 17-40 percent of the participating law students suffered from depression. (Benjamin, Kaszniak, Sales & Shanfield, 1986). Comparatively, the Centers for Disease Control reports that 9 percent of the U.S. adult population show symptoms of depression, including 4.1 percent who suffer major depression.
  • In another study, researchers administered a battery of tests to entering law students to measure their states of happiness, life satisfaction, physical symptoms, and depression. The scores showed that the students were a mostly contented, normal group on arrival. By the end of the first year, however, they showed large reductions in positive affect, life satisfaction, and overall well-being, and large increases in negative affect, depression, and physical symptoms. (Sheldon & Krieger, 2004).
  • A 2000 study of University of Michigan law students found that half of the students showed symptoms of clinical depression by the end of their first year, and that these high levels remained throughout their law school careers. Comparing the law students’ scores on a standard depression scale to scores for other groups subject to extreme stress yielded startling results. The 50 percent depression rate for law students compared to rates of 40-45 percent for unemployed people, 50 percent for people experiencing the death of a spouse or marital separation in the past year, and 50-60 percent for persons being treated for substance abuse. (Reifman, McIntosh & Ellsworth, 2000). This isn’t to suggest, of course, that being a law student is as bad as those events, but law school can push the brain’s depression buttons.

To the extent law school is responsible for causing emotional distress in law students, one doesn’t have to look far for plausible explanations, including the make-it-or-break-it single-exam format, heavy emphasis on grades and class rank, lack of feedback, competitive environment, high student-teacher ratios, Socratic method, and intense workload. Added to these traditional woes are modern worries about heavy debt-load and finding a job. Intangibly, the adversarial nature of the legal system in which law students are immersed, the emphasis on objective analytical thinking over personal values and emotions, and strains on personal relationships can all add to psychological dissonance.

Law students: Be self-aware. Students are sometimes the last to know, or admit, that they are struggling. I once had a first-year student rush out of class thinking she was having a heart attack. I ran after her and found her sitting on a bench clutching her chest. Her face was flushed and she was sweating and trembling. But it wasn’t a heart attack. It was a panic attack.

Stay on the lookout for anxiety or depressed states that are excessive and prolonged and are impairing your ability to function. If you’re struggling, know you are not alone. Many students suffer silently, hiding their distress even from close loved ones. I felt that way as a student. It’s okay to feel bad.  Take advantage of the university counseling center.  Free and confidential, your fees pay for it.

Part II of this post will offer more insights, but if you have access to a copy of 1L of a Ride, read Chapters 19 (The Bleak Side of Law School) and 20 (Maintaining Well-Being). Also study Chapter 15 (Exam Preparation) for strategies on approaching exams in an organized, reduced-stress way.  In the meantime, remember: this too shall pass.

Nice Shout-Out to The “Companion Text” to Law School

The "Companion Text" to Law SchoolMy law school prep book, 1L of a Ride, gets a lot more attention, but my book written for the loved ones of law students–The “Companion Text” to Law School: Understanding and Surviving Life with a Law Student (West 2012)–got a nice shout-out on Paul Caron’s popular TaxProf blog.

Thanks to Al Sturgeon, Dean of Students at Pepperdine Law, for  his insightful take on my chapter called Eight Things to NEVER Say to a Law Student, which include:

  1. “Don’t Worry, You’ll Do Fine”
  2. “Maybe You Weren’t Meant to Be in Law School”
  3. “Remember, It’s Only a Test”
  4. “Is That the Best You Could Do?”
  5. “Do You Really Have to Work on That Tonight?”
  6. “What Kind of Lawyer Do You Want to Be?”
  7. “Do You Have a Job Yet?”
  8. “Have You Heard the One About the Lawyer, the Shark, and the Pornographer?”

If you’re attending or planning to attend law school and want your loved ones to understand your crazy, stressful journey, check out The “Companion Text” to Law School.  Here’s the Table of Contents.

Great-Grandma Unhappy About Being in Court

Great-granny unhappy with court appearance.A fleeing bank robber made the mistake of seeking refuge in his 94-year-old great-grandmother’s home with pursuers hot on his trail. When the police arrived, the only ones present were the accused and great-grandma. At trial, the defendant, Mr. Jones, elected to represent himself, never a good idea.

The prosecution called his great-grandma as a witness. To say she wasn’t happy about the proceedings and, in particular, the conduct of her great-grandson would understate her disenchantment with sitting in the witness box.

We’ll let her explain. Here’s the text of page 209 of the trial transcript shown in the photo, where she concludes her testimony:

 THE WITNESS: He’s a sick ass, that’s what he is.

 THE COURT: The record will reflect that she’s identified Mr. Jones.

 …

 THE WITNESS: Have me dragging out in the cold in the wintertime and everything and shit.

 THE COURT: Mr. Jones, did you have any questions?

 DEFENDANT JONES (the great-grandson): No.

 THE COURT: All right. You may step down.

 THE WITNESS: And since when did he get a law degree? Dumbass.

 THE BAILIFF: Ma’am, you’re finished, okay?

 THE WITNESS: Damn right. Get the hell out of here and get back home.

 THE BAILIFF: Okay, you don’t need to say anything else, okay?

Law degree or not, give the great-grandson credit for the smart strategy decision not to cross-examine.  Small wonder the prosecutor described the great-grandmother as “one of the most entertaining witnesses this writer has ever encountered” in the state’s appellate brief.

— Trial Transcript, State of Ohio v. Jones, Case No. 2014CA-00051, at 209 (Ohio 5th Ct. App.).  Thanks to Laura Ozak.

Death Certificate Shows Man Died from Slipping on Banana Peel

Poor guy died from slipping on a banana peel.
Poor guy died from slipping on a banana peel.

Slipping on a banana peel is, of course, a classic clichéd accident depicted in cartoons.  As my 1Ls get ready to tackle the famous trilogy of banana peel slip and fall cases in the Prosser, Wade & Schwartz Torts casebook next week, the nagging question that lingers is: do people really slip on banana peels?

A previous post discussed this issue, but check this out.  It’s a 1927 Tennessee death certificate for a 74-year-old hospitalized man.  A bit hard to read, but the highlighted note written across the top and going down the right side says:

Inquiry at Hospital: They state that patient slipped on banana peeling and fell shortly before death.

Warning: Figure Out These Pictorial Warnings

Dehumidifier Warning - Let's Dance
“Let’s Dance”

We love pictorial warnings at Lawhaha.com, as shown by the samples here, here, herehere, and here.  These are supposedly universal warnings designed to be understood by everyone.  As in these warnings on the outside of a dehumidifier box, they are often accompanied by written warnings.  But not everyone can read the written warnings, either because of language barriers or simply an inability to read.

So how do these pictorial warnings rate?  When I look at the first one, all I can think of is the David Bowie song, “Let’s Dance.”  What is it trying to convey?  That you need two people to pick the thing up.  I think that one probably works, assuming for the sake of argument that people need a warning not to pick up large heavy objects without assistance.

Dehumidifier Warnings Part 2These next three warnings on the same box are a mixed bag.  No idea what “4” stands for.  Assuming it’s something on a scale, but “4” out of what?  And what is it measuring?  Please send word.  The second one might be a warning to not put your wine glass on the dehumidifier, but, on the outside packaging, it’s probably a warning that the contents are breakable.  The third one?  Who knows?  Don’t stomp on it?  Don’t kick it?  Hmm, maybe don’t stand on it, which I could see, but if that’s the case, shouldn’t they have a box under the boot?

We like to have fun with these, but let’s face it, the real problem is that it’s almost impossible to meaningfully convey most product warnings via a symbol.

Warning: Smoking Causes Impotence

Graphic cigarette warnings

And a whole lot of other undesirable results.

The World Health Organization (WHO) directs, in Article 11 of the WHO Framework Convention on Tobacco Control, that parties to the convention “implement large, rotating health warnings on all tobacco product packaging and labelling.”

The WHO website shows twenty countries (and their mandated warnings) currently participating, including Brazil, which is where the Florida International University law student who gave me this pack of Marlboros purchased it.

Some of the warnings are much more graphic.

Other countries mandate pictorial warnings without belonging to the WHO convention.  In the United States, graphic pictorial warnings on cigarette packages were torpedoed by a lawsuit in which the tobacco industry successfully argued before the U.S. Circuit Court of Appeals for the D.C. Circuit in R.J. Reynolds Tobacco Co. v. FDA that requiring them to put pictorial warnings on “the top 50 percent of the front and rear panels of cigarette packages and 20 percent of the area of each cigarette advertisement” violated their First Amendment rights.

The warnings were authorized by the Family Smoking Prevention and Tobacco Control Act of 1989, which directed the U.S. Dep’t of Health and Human Services to adopt regulations requiring cigarettes to bear “color graphics depicting the negative health consequences of smoking.”

The Obama Administration backed away from the requirements after the decision.

The data is mixed as to whether pictorial cigarette warnings change smoking behavior.  A study of 4000 smokers in Malaysia and Thailand found the warnings had an effect in Thailand, but not Malaysia.

Best Case Name Contest

A former student of mine at the Florida International University College of Law sent this along, his entry for “Best Case Name of the Month.”

This month’s contestant is Wise v. Strong, 341 S.W.2d 633, 634 (Mo. Ct. App. 1960).

Spoiler alert: Strong wins.  Strong always wins.  *Tear.

Send along any entries you come up with!

–Thanks to Michael Hirschkowitz.