The Journey to Wellness: A Professional Responsibility
Ryan M. Johnson, Everson, Whitney, Everson & Brehm, S.C.

Ryan Johnson is the Chair of the newly created WDC Wellness Committee. The purpose of the Wellness Committee is to promote a culture within the Wisconsin Defense Council of physical, psychological, emotional, spiritual, and mental well-being for our members by providing activities, information, and support that will result in healthier lifestyles. The legal field is wrought with sleepless nights, high stakes, stress, and burnout and can be a generally sedentary profession. To join the Wellness Committee, contact Ryan at [email protected].

I.              Introduction

After the gracious and surprisingly overwhelming approval to start a Wellness Committee, I received an email from an attorney who wanted to join but was concerned that because they did not have it all figured out and were still working on making the commitment to wellness, they did not know if they would belong in the group. Thus, I would like to begin, briefly, by dispelling any notion that a commitment to wellness means that one must be perfect. Far from it. I would be the biggest hypocrite if that were the case. 

Wellness is not an exclusive club where only the paragons of fitness are allowed to join. No weights are required. Wellness is not about avoiding indulgence. Treat yourself. Wellness is not about shaming others for not being as far along on their journey. It is quite the opposite. Wellness is about the journey, and all journeys must start somewhere. My journey for wellness has been a long and winding road. This journey allowed for the loss of over one hundred pounds, which has also been partially re-gained, lost, partially re-gained, and working to be lost once again. I have been sidetracked and fallen victim to pitfalls, but I know that I am not the only one. So, I would like to start a conversation with the hope that others will feel comfortable joining because the journey is always easier when accompanied by friends. Just ask Frodo.

 II.            Conflicts of Interest

It is widely well-known that lawyers must avoid conflicts of interest. Under SCR 20:1.7: Conflicts of interest current clients, “a lawyer shall not represent a client if the representation involves a concurrent conflict of interest.”[1] This mandatory language is clarified in the ABA Comments: “The lawyer’s own interests should not be permitted to have an adverse effect on representation of a client.”[2] These personal conflicts of interest are largely based on our interests and predilections outside of the office and the courtroom.

Personal conflict of interest violations have been illustrated in several cases, which indicate a unifying theme: befriending an elderly woman and “using her position of trust to cause” the woman to make financial decisions that benefitted the attorney[3]; acquiring a financial interest adverse to a client[4]; “a self-admitted procrastinator who tends to put off necessary tasks, including the proper maintenance of his trust account”[5]; “having engaged in unprofessional conduct but attributed that conduct to alcoholism,”[6]; or “engaging in sexual relationships with a client unless the sexual relationship predates the formation of the client-lawyer relationship.”[7] The unifying theme in these cases for which an attorney was subject to discipline was the attorney put personal predilections above the interest of the client: a predilection for money, to procrastinate, to indulge in alcohol, or to indulge in carnal desires. While these few examples may be a bit more on the nose as obvious examples of personal interests that have clouded the judgment of the practitioner, there is another more subtle way in which we allow our predilections to cloud our judgment: Failing to adequately care for ourselves. 

I had the privilege of judging a mock trial competition for high school students. One of the other judges, an actual sitting judge, allowed the students to ask questions after the competition. One of the competitors asked earnestly about how many hours of sleep we all got. The judge, a proud parent and busy behind the bench, provided an unsurprising answer to the student by answering that four hours of sleep was a product of luck. I was struck by this, but I was also struck by the notion that this belief is not unusual. One is expected to sacrifice themselves in the interest of justice. However, if that sacrifice means that one is consistently not clear-headed does justice not become cloudy? The judge referred the student to the practicing attorneys as well for response. I informed the student that I prioritized sleep and try for seven to eight hours a night. As luck would have it, the other attorney/mock trial judge agreed. 

A casual stroke of the keys on the Google machine allows anyone to learn that a recent study resulted in a consensus of medical practitioners that:[8]

• Adults should sleep seven or more hours per night on a regular basis to promote optimal health.

• Sleeping less than seven hours per night on a regular basis is associated with adverse health outcomes, including weight gain and obesity, diabetes, hypertension, heart disease and stroke, depression, and increased risk of death. Sleeping less than seven hours per night is also associated with impaired immune function, increased pain, impaired performance, increased errors, and greater risk of accidents.

While the listed adverse outcomes are startling in and of themselves, sleep is a basic human need that we all do (hopefully) every day. Since wellness is a journey, and every journey must start at the beginning: we begin every day and end every day with sleep. Developing mindfulness and practicing wellness is a process that one should commit to for life. If you sleep four hours a night, try to sleep five. Then six. The path will be winding and full of pitfalls, it is a journey that should be embraced because of these consequences. 

The consequences are not always to easy see. They can be, as mentioned above much more subtle: “[I]mpaired performance, increased errors, and greater risk of accidents.” A lack of sleep may impair performance in arguing a motion or at a mediation. It might cause scrivener error, a misread, accidental misrepresentation, or misunderstanding of the law. And all the other things that keep us up at night.

I know, I am asking you to prioritize wellness and sleep by worrying you into dwelling on the things that keep you awake at night. Sleep is only a part of the wellness equation.

Not only are “Diet, exercise, and sleep [the] three pillars of a healthy life[,] diet, exercise, and sleep influence one another in complex and innumerable ways[.]”[9] Supposing one cannot sleep because of the aforementioned worry,

Eating a healthy, balanced diet has been shown to reduce the risk of a myriad of health conditions, including heart disease, stroke, diabetes, and obesity. Diet can also affect mental health, with several studies suggesting that certain diets may reduce the risk of developing depression and anxiety.[10]

Not only will healthy eating reduce the anxiety and depression that may keep you up at night, but this will also reduce the other possible negative effects of inadequate sleep. The interconnectivity of these is clear: “What a person eats also impacts sleep quality and duration. Caffeine is notorious for making it more difficult to fall asleep and eating too close to bedtime can lead to sleep disruptions.”[11] But the connections do not end there: “A substantial amount of research has shown that getting regular exercise can improve sleep … Multiple studies have shown that exercise can reduce pre-sleep anxiety and improve sleep quality in people with insomnia.”[12] To complete the circle: “Food can either help or hinder a workout[.]”[13] 

A commitment to wellness can interrupt the cycle. You are up late or awake early because you are stressed and have anxiety about what you did not get done, so you drink some caffeine and get back to it and do not have time to make real food and settle for something quick. Because you are foggy from lack of sleep and interruptions are constant, after an entire day of working, you cannot wait to go home and relax. You skip the walk or workout and did not get up and do it early. You make something quick and easy for dinner because you are tired and cannot think of cooking. The glass of wine, beer, or cocktail alleviates some stress and helps you fall asleep. This repeats. 

“While some people find that drinking alcohol helps them fall asleep more easily, alcohol ultimately has a negative impact on sleep. Even in moderate amounts, alcohol consumed in the hours before bedtime can cost you sleep and leave you feeling tired the next day.”[14]

You wake up early and eat a healthy breakfast to energize your day. Do something physical to reduce your anxiety: exercise at home, the gym, or a class, ride a bike, walk, stretch, or meditate. Eat a healthy dinner. Avoid caffeine and alcohol hours before bed. Hydrate. You sleep better because the exertion tired your body, and the healthy food nurtured it. You wake up refreshed and repeating is just a little bit easier.

III.          Candor

Under SCR 20:3.3, a lawyer is required to honestly represent the facts as they know them to the tribunal and must “take reasonable remedial measures” when a witness or client fails to do so.[15] Our duty to be candid is required when dealing with our opposition. SCR 20:3.4 forbids attorneys from concealing evidence and allowing witnesses to falsify evidence or testimony.[16] Under SCR 20:4.1, a lawyer is further forbidden from misrepresenting, making false statements, and failing to disclose material facts.[17] Attorneys have faced reprimand for failing to be honest,[18] for falsifying bankruptcy documents,[19] for “knowingly omit[ing] material facts in his testimony at the small claims trial[,]” among other similar acts; and most seriously, where the attorney involved had:

[…] common themes to his misbehavior: lack of candor, both by omission and by direct misrepresentation; money mishandling; failure to diligently pursue cases; and a persistent failure to cooperate with the OLR. Attorney [] appears uninterested in honest, responsible advocacy, and tends to dodge or disappear altogether when called to account for his actions.[20]

The unifying theme in these cases for which an attorney was subject to discipline was the attorney failed to be honest. Once again, these few examples may be a bit more on the nose as obvious examples of attorneys who intentionally failed to be honest in their practice, but there are other more subtle ways in which we allow dishonesty to become a habit: Failing to be honest with ourselves.

We are expected to be honest to the court and counsel, should we not be honest with ourselves as members of the bar? We are owed a duty of honesty from our opposition. If we are our own opposition and our predilections are our own conflicts of interest, then we need to be honest about it.

I’ll start.

 IV.          Full Candor: I Can be My Own Conflict of Interest 

During my first year of college, I developed poor habits, namely binge eating and drinking. I did poorly in school because I skipped classes and went out four nights of the week, slept all the time, hated myself and my body, and contemplated suicide. The summer after my first year of college, my life would change because my wellness journey began, and I have been on that path for the last twenty years.

One morning after a typical night of partying with old friends, I decided to go for a run. The first day of my wellness journey was new for me; I had never been an I-need-to-workout-today person. I started a slow jog and was out of breath before rounding the third block. Less than half a mile in, my legs felt on fire as if walking on hot coals. I panted so hard that I thought I was having a heart attack and stopped. I walked and cursed myself for the stupid idea, but after a few minutes the impetus to run kicked in again. This cycle continued for the rest of the two-mile route.

When I got home, I collapsed into a recliner and passed out for over two hours. My mom worried that I had heat stroke. But sure enough, the next morning I went running again. The next day … again. By the end of that summer, I could almost run the whole thing without stopping. I was ready to pass out and die, sure, but I did it.

When I went back to college, my friends had noticed a change in me and, “Have you lost weight?” became a normal question. I had a few friends who regularly joined me and running became my thing. The journey was easier with company, so I joined a fitness group at the university. With the support of this group, I competed in a few triathlons, half-marathons, and eventually completed a marathon. I started martial arts training and eventually became an instructor. But, life happens, and I fell down hard. 

My wellness journey went on hold, and I went into survival mode. Stress and anxiety dominated my existence, and years of dedication to wellness went right down the drain. I gained most of the weight I had lost back. I was not sleeping. I was eating out and going for drinks with friends to fill a void and was stuck in a rut. When you struggle with something for long enough, it starts to feel normal—almost like home. There was comfort in my failure because it meant I could give up trying. 

My wellness journey did not end there, however. I started working at a military school and ran a high school program for at-risk youth. Physical training was a big part of their day, and I got back on the path. While trying to, my body felt like it was rebelling. Eight months of severe stomach, back, and joint pain, pain so bad that I could not stand up for too long. Countless doctor’s appointments, several blood tests, and a CT scan of my abdomen revealed that I have a general stomach disorder. Research revealed that gluten, lactose, processed food, and alcohol should be avoided or consumed sparingly. 

I learned the importance of eating healthy and found another group committed to wellness. I became a certified nutrition trainer and martial arts instructor at a gym and lived a life of wellness. My journey, however, then led me to the pursuit of the law. 

While in law school, my dedication to wellness was challenged. I cheated onmy diet and did not make time to exercise. Stress led to overindulgence. I entered the practice of law in my late thirties, which by no means makes me old, but I am not a spring chicken either. Old injuries snuck up on me and required surgery. Recovery took time, and the time took its toll. 

Immediate feelings of defeat and depression were knocking on the door begging to be let in and to take over. I could have let them in. I wanted to. But I did not. I recognize where I can get in my own way and try to take ownership over the things that I can change.

I wake up early and build time into my day to be active: a morning walk, twenty-minute workout, or yoga session; walking the dogs after work; utilizing a standing desk. Think about ways you can incorporate small sessions of activity and start small: take the stairs, park farther away, chair yoga, or break up the day with laps around the office. 

I meal prep on the weekends, so that I make better choices during the week. Think about how you can incorporate more home-cooked meals or if you go out to eat often, try to make healthier choices at least some of the time. 

While I am typically falling asleep on the couch at about 9:30 p.m., I am almost always in bed around 10:00 p.m. and try not to stay up much later on weekends to stay in my sleep schedule. Think about your own sleep schedule and routine, and the ways you can be more consistent in not having caffeine, alcohol, or technology to close to bedtime. 

Wellness is not about total abstinence. Life is better in moderation. I eat out and indulge. I do not do it daily. I skip workouts when my body needs it. I do not do that weekly. I enjoy an Old Fashioned or two. I take breaks during the week or for a month or two at a time. I stay up too late. But this is usually confined to the weekends. So, I would never tell someone what to do, far from it. I just know and simply enjoy the feeling of jumping out of bed in the morning, refreshed and ready for the day. I know this makes me ready to practice law as well. 

You might be much further along on your journey, or you may feel like you have not begun. That is okay. Every journey starts with the first step, and we can take ours together. 

Author Biography: 

Ryan M. Johnson is a litigator who defends insurance companies and their insureds, primarily involving personal injury actions. Ryan graduated Magna Cum Laude from Ohio Northern University Pettit College of Law. He was born and raised in Wisconsin and is proud to be back home with The Everson Law Firm after completing law school and beginning his insurance defense career in Ohio. He was an active participant in Moot Court, led award-winning teams, and was individually recognized for his trial advocacy skills. Ryan has been a board member for several organizations, including Law Review. He had two case notes and a legal article published, was a teaching and research assistant, and was an ambassador for the Pettit College of Law. Ryan gained experience in environmental law after interning with the USDA and Fair Shake Environmental Legal Services. He also interned with Legal Aid of Western Ohio where he primarily provided advocacy for survivors of domestic violence.

Prior to his legal career, Ryan earned a Master of Fine Arts degree in creative writing and advocated for at-risk youth as the high school program director for a paramilitary school in Milwaukee, Wisconsin. He was a self-defense instructor and is hoping to continue developing those skills and providing classes in the Green Bay area in the near future. He is an avid reader and writes fiction. Ryan loves to cook and enjoys the outdoors and spending time with his dogs, family, and friends.