New reports in recent years increasingly report the wellbeing of our young and junior lawyers’ is under threat, and the headlines are damning.
“Junior lawyers at risk of early burnout” (Strategic Business Alliance, 2022)
“… junior lawyers are less happy, less fulfilled and more anxious.” (Atwal & Lim, 2023)
“Starting salaries are £180, 000 – but do young lawyers believe the hours, stress and burnout are worth it?” (Croft, 2024)
“‘Old school’ expectations plague young lawyer mental health – but not all predecessors are sympathetic” (Roe, 2024)
Reports claim young lawyers’ wellbeing is primarily impacted by the demands of billable hour targets, less interesting work, and less autonomy. For those working in large commercial law firms billable hour targets can exceed 2200 per year, requiring some to work up to 12-hour days, seven days a week. Further, it appears common for superiors to care little about the struggle. Apparently, the “I got through it. So should you!” principle prevails as the future of the profession is expected to toughen up. But is that really the solution?
Research from Cadieux et al. (2022), the International Bar Association (2021), and the landmark Courting the Blues study (Kelk et al., 2009) report psychological distress is prevalent in our industry’s younger cohort.
Their studies showed that over 70% of lawyers under 35 years or with less than 10 years’ experience have very high levels of psychological distress. Symptoms of depression, anxiety, and burnout were observed in 36.4%, 52.1% and 67% of this demographic, respectively. While these studies do not specifically focus on causal factors, others do.
Studies by Henderson and Zaring (2007) as well as Forstenlechner and Lettice (2008) explored the experiences of young and junior lawyers employed by large commercial firms in the USA and UK. Their results confirm a common assumption that where profit is the bottom line, the churn and burn model is alive and well. Younger and junior lawyers were considered ‘cheap labour’ – hired to undertake the tedious and repetitive billable tasks at a lower cost to the firm, enabling the senior lawyers to enjoy higher profits. While young lawyers were reportedly attracted to these prestigious firms under the promise of improved employment prospects when they leave, the trade-off was poor wellbeing. A 2011 Australian study (Kelk & Hickie) echoed these sentiments about the junior lawyer experience. Many indicated that paying their dues in early legal practise meant working under ‘sweat-shop’ conditions, including long hours, low pay, and a lack of autonomy. The majority of participants reported having suffered physical and mental ill health as a result, including exhaustion, ulcers, loss of confidence and self-worth, and depression.
Kelk et al. (2009) found that although younger lawyers sought help more frequently than the older study participants, they also reported significant barriers. Despite ample available evidence for the effectiveness of available treatments for mental illness and its consequences, over 30% of study participants said they would not seek help from any professional. Around 70% of participants reported they would seek help from family members, friends, or alternative/complimentary practitioners such as a personal trainer, naturopath, or spiritual guide. Not knowing where to get information or help and being unable to afford assistance were more significant amongst the younger cohort. More concerning, though, is that the stigma around mental illness and needing help appears the toughest barrier. The majority of participants thought depressed people would be discriminated against by their employer. Over 35% stated they’d prefer to manage mental health issues alone, while over 37% either did not think anyone would help or had asked for help but did not receive it.
The research suggests de-humanised business practices and culture cause significant harm to lawyer mental health and very high attrition amongst the cohort. There are complex views about what lawyers ought to put up with and how they ought to deal with challenges. By perpetuating the idea that experiencing psychological distress and seeking help are signs of weakness, we’re implicitly supporting the churn and burn model. A “Don’t ask, don’t tell” style culture sends a strong signal about perceptions and consequences. And as the current literature suggests, the particularly vulnerable position of young and junior lawyers presents a gloomy picture – either shut up and toughen up or get out.
The literature indicates that young lawyers today are less willing to work in conditions that adversely impact their wellbeing, and many do not aspire to become a law firm partner. It is, therefore, imperative that the profession review its succession plan. First, we must openly acknowledge the cultural and systemic issues that perpetuate poor wellbeing and all-too-often drive the profession’s future away. Education about the industry’s inherent risk factors is important. Changing the relevant business and cultural elements is critical. We must authentically change the narrative around mental health and wellbeing. But words alone are not enough. If we evolve the systems that impact wellbeing and provide effective support (internally and via other trained professionals) to our people, there is hope. The do-nothing alternative is simply not an option.
References
- Atwal, B. S., & Lim, L. (2023, April 6). Our research shows that junior lawyers are less happy, less fulfilled and more anxious. Why? The Law Society. https://www.lawsociety.org.uk/topics/junior-lawyers/our-research-shows-that-junior-lawyers-are-less-happy-less-fulfilled-and-more-anxious-why
- Cadieux, N., Cadieux, J., Gingues, M., Gouin, M.-M., Fournier, P.-L., Caya, O., Pomerleau, M.-L., Morin, E., Camille, A. B., & Gahunzire, J. (2022). Research report (final version): Towards a healthy and sustainable practice of law in Canada. National study on the health and wellness determinants of legal professionals in Canada, phase I (2020–2022). Université de Sherbrooke, Business School. https://www.researchgate.net/publication/365867261_Research_report_Final_version_Towards_a_Healthy_and_Sustainable_Practice_of_Law_in_CanadaNational_Study_on_the_Health_and_Wellness_Determinants_of_Legal_Professionals_in_Canada_Phase_I_2020-2022
- Croft, J. (2024, July 27). Starting salaries are £180,000 but do young lawyers believe the hours, stress and burnout are worth it? The Guardian. https://www.theguardian.com/business/article/2024/jul/27/starting-salaries-are-180000-but-do-young-lawyers-believe-the-hours-stress-and-burnout-are-worth-it
- Forstenlechner, I., & Lettice, F. (2008). Well paid but undervalued and overworked: The highs and lows of being a junior lawyer in a leading law firm. Employee Relations, 30(6), 640–662. https://doi.org/10.1108/01425150810910037
- Henderson, W. D., & Zaring, D. (2007). Young associates in trouble. Michigan Law Review, 105(6), 1087–1106. https://repository.law.umich.edu/mlr/vol105/iss6/4/
- International Bar Association. (2021). Mental wellbeing in the legal profession: A global study. https://www.ibanet.org/document?id=IBA-report-Mental-Wellbeing-in-the-Legal-Profession-A-Global-Study
- Kelk, N. J., Luscombe, G. M., Medlow, S., & Hickie, I. B. (2009). Courting the blues: Attitudes towards depression in Australian law students and lawyers (BMRI Monograph 2009-1). Brain & Mind Research Institute. https://law.uq.edu.au/files/32510/Courting-the-Blues.pdf Medlow, S., Kelk, N., & Hickie, I. (2011). Depression and the law: Experiences of Australian barristers and solicitors. The Sydney Law Review, 33(4), 771–799. https://search.informit.org/doi/10.3316/informit.296980538118202
- Roe, D. (2024, May 17). ‘Old school’ expectations plague young lawyer mental health—but not all predecessors are sympathetic. The American Lawyer. https://www.law.com/americanlawyer/2024/05/17/old-school-expectations-plague-young-lawyer-mental-health-but-not-all-predecessors-are-sympathetic/
