Tuesday, January 24, 2012

Sadness vs. Depression, and Learning the Law

One of the more depressing statistics I have come across is the rate of depression among lawyers and law students. I am further depressed when I see the random studies linking depression with heightened analytical ability. The theory (and it is only a theory) is that there is a connection between high-achieving lawyers and depression, because a good lawyer will see the flaw, the catch, or the error in any argument, and thereby save his or her client dollars. Someone who is depressed is more likely to see the downside, and therefore, be a better lawyer or law student. This theory ignores the enormous social and emotional toll of depression. It impacts not just the person suffering, but the people who care about the person suffering from depression.

I don't like this theory. I think it gives another excuse for maintaining the status quo. Depression should not be a way of life, for any reason. There is an excellent piece in the NYT's this week on sadness and depression, and the drive to find evolutionary justifications for depression. I found the arguments for an evolutionary explanation for depression similar to the rationalizations explaining why lawyers tend to be more depressed than people in other careers. And like the author, I am disheartened when the drive for explanations leads to a justification for an unhealthy way of life.

Larry Krieger has done amazing work on law students and depression; most of us in ASP are quite familiar with his work. In ASP, we need to recognize the difference between sadness and depression. Sadness is a temporary state all of us experience; depression should not be a common experience. Due to the populations so many of us work with in ASP, we should be trained to see the differences between ordinary sadness over an unfortunate event, and depression, which as Dr. Friedman explains in the NYT article, "a failure to adapt to stress or loss, because it impairs a person’s ability to solve the very dilemmas that triggered it." Depression, unlike sadness, causes memory problems and issues with learning, which cause additional academic problems, and causes depression to snowball. (RCF)

More information on lawyers and law students and depression:

WSJ: Why are so many lawyers depressed? http://blogs.wsj.com/law/2007/12/13/why-are-so-many-lawyers-so-depressed/

Lawyers With Depression: http://www.lawyerswithdepression.com/depressionstatistics.asp

Psychology Today: The Depressed Lawyer: http://www.psychologytoday.com/blog/therapy-matters/201105/the-depressed-lawyer?page=2

New York Times: Depression Defies the Rush to Find an Evolutionary Upside: http://www.nytimes.com/2012/01/17/health/depression-defies-rush-to-find-evolutionary-upside.html

http://lawprofessors.typepad.com/academic_support/2012/01/sadness-vs-depression-and-learning-the-law.html

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