SCR 3.130 1.1 states, “A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.” Competent representation is critical and by having the requisite competency, you can avoid possibly violating other Rules. Fortunately, the Supreme Court has provided commentary to this Rule which provides guidance on how to conform to your conduct and make sure that you are providing competent representation.
However, many of our readers and audience members that we’ve met while traveling the state are unaware that there is a relatively new Comment, Comment (7), of which attorneys must be made aware. Comment (7) states:
“Lawyers should be aware that their mental, emotional, and physical well-being may impact their ability to represent client and, as such, is an important aspect of maintaining competence to practice law. Confidential resources supporting lawyer well-being are available through the Kentucky Lawyer Assistance Program. Other Rules that may be relevant include those addressing declining or terminating representation, supervisory duties, and reporting obligations. See Rule 1.16(a)(2), 5.1, 5.2, 5.3, and 5.8.”
Accordingly, as Comment (7) says, mental health is now considered an ethical concern in your daily practice. Being mentally and emotionally well isn't a luxury—it's an important tool in helping you discharge the duties owed to your clients. An attorney who is unwell will struggle to provide competent and diligent representation to their client. So, taking care of yourself is a critical risk mitigation tool. With that in mind, there are some simple, practical ways attorneys can help ensure their mental and emotional well-being is strong enough to provide competent representation.
Mental and Emotional Health Checklist
- Set Realistic Boundaries
- Limit after-hours work communications unless urgent.
- Schedule protected time for breaks, meals, and family/personal life.
- Take Regular Breaks
- Use the Pomodoro Technique (breaking work time into intervals) or similar methods to avoid burnout.
- Step away from the desk for brief walks, fresh air, or stretching.
- Check in With Yourself
- Ask: Am I overly stressed, irritable, or exhausted?
- Use tools like journaling and mindfulness apps.
- Talk to Someone
- Connect regularly with peers, mentors, or support groups.
- Seek therapy or counseling early, not just in crisis.
- Talk to KYLAP.
- Use Your Firm’s Resources
- Many law firms offer Employee Assistance Programs (EAPs) or mental health benefits – take advantage of them.
- Participate in well-being initiatives or mental health CLEs.
- Practice Mindfulness or Mediation
- Even 5 minutes a day of deep breathing or mindfulness can reduce anxiety and improve focus.
- Keep a Healthy Routine
- Aim for consistent sleep, nutrition, and physical activity.
- Avoid over-reliance on caffeine, alcohol, or other substances.
- Know when to Pause or Delegate
- If you’re overwhelmed, it’s OK to delegate or request help.
- Recognizing your limits is part of being a competent professional.
Rule 1.1, Comment (7): Competence and Mental Health
SCR 3.130 1.1 states, “A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.” Competent representation is critical and by having the requisite competency, you can avoid possibly violating other Rules. Fortunately, the Supreme Court has provided commentary to this Rule which provides guidance on how to conform to your conduct and make sure that you are providing competent representation.
However, many of our readers and audience members that we’ve met while traveling the state are unaware that there is a relatively new Comment, Comment (7), of which attorneys must be made aware. Comment (7) states:
“Lawyers should be aware that their mental, emotional, and physical well-being may impact their ability to represent client and, as such, is an important aspect of maintaining competence to practice law. Confidential resources supporting lawyer well-being are available through the Kentucky Lawyer Assistance Program. Other Rules that may be relevant include those addressing declining or terminating representation, supervisory duties, and reporting obligations. See Rule 1.16(a)(2), 5.1, 5.2, 5.3, and 5.8.”
Accordingly, as Comment (7) says, mental health is now considered an ethical concern in your daily practice. Being mentally and emotionally well isn't a luxury—it's an important tool in helping you discharge the duties owed to your clients. An attorney who is unwell will struggle to provide competent and diligent representation to their client. So, taking care of yourself is a critical risk mitigation tool. With that in mind, there are some simple, practical ways attorneys can help ensure their mental and emotional well-being is strong enough to provide competent representation.
Mental and Emotional Health Checklist