Know When To Fold ‘Em: Law Firm Risk & Super Bowl Pools

It’s that time of year: the Super Bowl, March Madness, Groundhog Day – the bookies are busy and managing partners turn a blind eye.

Super Bowl pools are a common workplace tradition, fostering camaraderie and lighthearted competition among colleagues. However, for law firms, participating in or even allowing such activities raises ethical and risk management considerations, particularly concerning compliance with rules of professional conduct, potential gambling concerns, and attorney wellness.

1. The Rules of Professional Conduct and Gambling Considerations

The ABA Model Rules of Professional Conduct and various state bar ethics rules do not explicitly prohibit attorneys from engaging in office pools or friendly wagers. However, ethical concerns can arise under rules related to:

? Rule 8.4 (Misconduct): Engaging in illegal activities or conduct involving dishonesty can reflect adversely on a lawyer’s fitness. If a state deems a Super Bowl pool as illegal gambling (which most technically do, although it’s rarely enforced), participation could technically raise an ethics issue.

? Rule 5.1 and 5.3 (Supervision of Lawyers and Nonlawyers): Law firm leadership must ensure that employees and attorneys do not engage in conduct that could put the firm at legal or ethical risk.

Is It Legal?

The legality of Super Bowl pools varies by state. In some jurisdictions, small office pools are permitted as long as:

? They are social gambling (meaning no one is profiting other than the winners).

? There is no house cut or firm involvement in running the pool for financial gain.

? Participation is voluntary and non-coercive.

To avoid legal risks, firms should do their research, including consulting law enforcement or bars guidance before allowing office pools.

2. Attorney Wellness and Gambling Addiction

While most office pools are harmless, gambling—especially in a law firm environment—can pose risks to attorney wellness. The legal profession already faces almost triple the rates of stress, depression, and substance abuse as the general population. Gambling addiction, while not as formally tracked, is another major problem, particularly among individuals with existing addictive tendencies.

Concerns Include:

? Compulsive Gambling Risks: A seemingly innocuous office pool could trigger addictive behavior in attorneys predisposed to gambling problems.

? Workplace Tension: If a lawyer loses (or even wins) significant money in an office pool, it could create resentment or conflict among colleagues.

? Productivity Disruptions: Gambling-related discussions and emails, disputes over winnings, or an increased focus on betting may distract from client matters.

Firms that actively promote attorney wellness should consider whether office gambling—however minor—aligns with those efforts.

3. Should Law Firms Allow Super Bowl Pools?

Each firm must decide based on its risk tolerance and workplace culture. Here are key considerations:

Reasons to Allow Super Bowl Pools:

? Builds camaraderie and workplace morale.

? Can be a low-stakes, non-problematic activity when properly managed.

? Some states allow social gambling in private settings.

Reasons to Avoid or Restrict Them:

? Legal and ethical uncertainties.

? Potential for gambling addiction issues.

? Workplace fairness concerns (employees feeling pressured to participate).

? Possible distractions from client work.

Best Practices for Law Firms

If a firm chooses to permit an office pool, consider these risk management strategies:

1. Keep It Free or Low-Stakes: A no-money or charity-based pool avoids gambling issues.

2. Ensure Voluntary Participation: No one should feel obligated to join.

3. Avoid Firm Involvement: The firm itself should not collect money or organize the pool.

4. Follow State Law: Confirm legality before proceeding.

5. Monitor Workplace Culture: Be mindful of wellness concerns and any signs of problematic behavior.

While office Super Bowl pools can foster collegiality, law firms must consider ethical rules, legal restrictions, and wellness concerns. Risk management requires a balanced approach—ensuring any pool remains compliant, voluntary, and in line with the firm’s professional responsibilities.

Some firms may decide the risk is too high, while others may allow it under controlled conditions. Regardless of the approach, firms should prioritize professionalism, legal compliance, and attorney well-being.

Let’s chat about better practice, less stress.