Reflections During a Time of Uncertainty

• Author: Joseph P. Beckman

Published in Litigation News Volume 45, Number 4, Summer 20 20. © 2020 by the Ameri can Bar Association. Re produced with per mission. All rights re served. This info rmation or any porti on thereof may not be c opied or disseminated in any

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MENTAL HEALTH & WELLNESS

By Joseph P. Beckman, Se ction of Litigation Menta l Health & Wellness Task Force Member

Reections During a Time of

Uncertainty

he law moves fast, and it doesn’t care about m aga-

zine production sche dules. Over the years, I’ve

written about lega l developments that were “yester-

day’s news” by the time the ar ticle was published. The

evolution of litigation practice m arches on, and it

will change ag ain between the time I writ e these words and the

time you read them.

This beca me less of an issue, however, when I started

writing about lawyer wel lness and mental health. Thi s is

because “lawyer ment al health” is a more subjective topic.

Moreover, and although our k nowledge is constantly evolv-

ing, the likeli hood of the U.S. Supreme Court overru ling the

“holding” of a particu lar lawyer wellness article is roug hly

equivalent to say . . . the accur acy of my predicted numbe r

of COVID-19– related deaths in Minnesota du ring 2020.

So, permit me to am end my “keeping a mental health piece

timely is easy” and add “u ntil COVID-19.” By the time this

story is published, we hop efully will have returned to “norm al,”

or at least some semblance of “l ife before COVID-19.” Who am

I kidding? We are more likely to be look ing at a “new normal.”

Writing against t he backdrop of a wave of uncertai nty

complicates the under taking. To stand metaphorically

“naked before the mir ror,” I have to begin by acknowledg-

ing I have zero contro l. But isn’t that precisely the confe s-

sion we need to make right now? If we ma ke that admission,

is there a way for us to turn lemo ns into lemonade? (Wil l

drinki ng lemonade cure COVI D-19?)

Well, That Was Quick

In early Februar y, people were still book ing spring break

vacations or perhaps a late spri ng ski weekend with a spec ial

someone. The pandem ic shutdown orders were probably the

last thing on th e mind of the vast majority of l awyers. Next

thing you know, Vail resorts are C LOSED and “someone’s”

spring ski trip was abr uptly canceled!

Less than si x weeks later, our world had changed, per-

haps permanently. Many of us sp ent countless (likely non-

chargeable) hours readi ng portions of the Payroll Prot ection

Act, related bai lout legislation, and orders on b oth the state

and local levels. Huge  rms announced pay cuts for part ners

and associates. T he proverbial bottom dropped—at least

temporarily— out of the market.

Those of us with sig nicant outside family respon sibilities—

whether childre n still in the nest or older relatives for whom

we care—re ceived a double dose of this new reality. It is not

easy by any report. Fi nd me a parent who sincerely enjoys his

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