Excessive alcohol consumption amongst those in the legal profession is not a new phenomenon. Magistrate David Heilpern gave perhaps the frankest and most high-profile assessment of the issue, when he delivered the keynote address at the 2014 Minds Count Foundation annual lecture, during which he reflected on the trauma associated with horrific criminal trials for judges, whom he said tend not to seek help and self-medicate with alcohol.

A 2014 report from the UNSW, Lawyering Stress and Work Culture: An Australian Study, found that one in three of the 1,000 legal professionals surveyed may be “problem drinkers”. The situation is similar in the United States, with the American Bar Association reporting that over 20 per cent of practising attorneys show signs of problematic drinking, and north of the border, studies from the Legal Profession Assistance Conference of Canada put the rate of alcoholism in that country’s legal cohort at somewhere between 15 per cent and 24 per cent.

The age of coronavirus has only served to exacerbate such concerns for Australians — not just in law. Studies from the Australian National University, Australian Drug Foundation and Roy Morgan have all detailed increases in alcohol consumption by Australians during COVID-19 lockdowns.

Simone Barclay — a registered alcohol and other drug clinician, who holds a master’s degree in science, with a particular focus in psychology — recently spoke at a virtual summit hosted by legal professional coaching business Coaching Advocates, at which she reflected on the “perfect storm” of the high-pressure, high-performance environment of law in facilitating drinking and/or substance abuse.

“So many of our industries — and the legal industry is just one of them — are, metaphorically speaking, soaked in alcohol. Alcohol marks every occasion and it certainly is a marker for the end of the day, conferences, meetings. Everything is marked by the consumption of alcohol,” she said at that summit.

“I’m starting to see organisations change, but it is happening slowly. But I absolutely feel that we have an obligation as organisations to support people in the same way that you would support someone with any other illness and particularly one that may have been exacerbated by their professional context and obligations.”

Finding alternative options to drinking

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Speaking to Lawyers Weekly, Parisa Hart (pictured) — who was called to the bar in 2016, practises out of 2 Selborne Chambers in Sydney and specialises in defamation and criminal law — said that, after attending a few functions recently, she started to question whether barristers and solicitors control their alcohol consumption, or if that consumption controls the individual.

“Based on my observations, alcohol controls us in that it blocks our own judgement and awareness of our drinking habits,” she posited.

“I have noticed that many barristers claim that they are social drinkers but, based on my observations, they drink excessively. Being a social drinker means drinking a maximum of two glasses of alcohol when attending social events, which is probably, on average, once to twice a week. Therefore, drinking a few glasses of alcohol every day or alternatively 5-6 glasses of wine in a social event, is not regarded as drinking socially, and it is excessive.”

According to the Australian alcohol guidelines, Ms Hart detailed, both men and women should drink no more than 10 standard drinks per week and no more than four standard drinks on any one day, in order to reduce the risk of harm from alcohol-related disease or injury.

Ms Hart said that she personally drinks alcohol only if and when she chooses to. “That would be, literally, two glasses of champagne in one year, and only on very special occasions,” she noted.

“I am in control of my alcohol consumption, not the other way round. I also do not believe I need to drink alcohol to relax or meet the expectations of others that I have to drink alcohol to socialise.

“In fact, I have managed to address this unreasonable expectation that society places on individuals by simply saying, ‘NO’.

“More importantly, I do not need to drink alcohol in order to deal with stress and anxiety, as there are many other effective ways that help with stress relief.”

Creating an environment where it is reasonable not to drink, Ms Barclay noted at the Coaching Advocates summit, can also be critical.

“It’s surprising to discover how many people actually would rather not drink for a whole variety of reasons. Not everybody wants to always be saying no, or just having one to kind of fit in with the crowd. There are times when it’s really good to have an environment where there isn’t that pressure on people,” she said.

For Ms Hart, practising mindfulness and meditation alleviates stress levels.

“I started meditating regularly about five years ago, and have found it tremendously helpful. I have also participated in a few different meditation programs and attended health and mindfulness retreats which have raised my awareness about mental health and wellbeing,” she said.

“I believe that practising mindfulness is the most effective way to relieve stress and feeling grounded within myself. It is also very important to associate with positive people, and eliminate those who sap my energy or do not resonate with me.”

Other practitioners — and especially barristers — should also utilise mindfulness in their daily routines, Ms Hart implored, in order to better manage work-related stress and anxiety, as opposed to excessive alcohol consumption.

“The misconception is that consuming alcohol makes us relax and happy, but it is scientifically well-established that alcohol is a major depressant, and is addictive. That means that the more alcohol you drink, the more likely it leads you to depression. Excessive drinking could also cause irreparable harm to the brain as well as obesity and accelerate ageing,” she said.

Her personal guidance to lawyers who are looking to change up their habits is: “Do a reality check, accept that your habits with alcohol consumption could get out of control. Take responsibility for your mental health and wellbeing and know that you are the person who is in control of your habits.”

She also suggested making a “commitment to find long term solutions to deal with your stress and anxiety and know that they are achievable. We are creatures of habit, but the good news is we can change any habits if we have commitment to replace them with something which is more effective.”

Ms Barclay’s guidance, as reported by Lawyers Weekly in June, is: “Firstly, I would try a period of abstinence. Three months is what is recommended for your health, your physical and emotional health. Get back on track, see where you’re at, and see how you go with maintaining that abstinence. Just don’t drink at all over that period of time. And that’ll give you a lot of clues about why you’re drinking, what your triggers are, why it’s important in your life, where alcohol papers over the cracks, or doesn’t, as the case may be.

“Is it helping you manage your anxiety? Is it something you’re doing to try and help you sleep? So, all those little things that pop up will become really clear if you have a period of abstinence. You’ll also start to feel a lot better, think a lot more clearly. And at the end of that, then you can make a reasoned decision rather than just keeping on with what may have just become a habit.”

Editor’s note: The opinions expressed by the interviewee in this story are personal views and should not be taken as medical guidance. If you, or someone you know, is suffering from or showing signs of problem drinking, assistance can be sought from resources such as the Alcohol and Drug Information Service, Hello Sunday Morning and Turning Point. Broader mental health resources are also available via state and territory law societies and bar associations.