Leaders are role models for the profession’s wellbeing. That’s no surprise, but what are the specifics?
As a legal leader, what key behaviours can you identify that support your team’s or the profession’s mental health and wellbeing?
What actions may have been less helpful?
Research into the legal professionals’ mental health and wellbeing in the past 20 years has suggested that leaders within the profession need to instigate necessary change. Recent reports recommend that employers ensure their workplaces are places are open to discourse about mental health and wellbeing and design work practices that support good health.
Hon. Justice Michael Kirby was one of the first prominent Australian legal leaders to publicly share the stressors and effects experienced in the profession, particularly the judiciary. Nearly 10 years later, “Courting the Blues” called for legal professionals who have experienced mental health issues to discuss their experiences with colleagues, suggesting this can be influential in reducing stigma and promoting open dialogue. Since then, other leaders in the profession have come forward to share their experiences of stress, burn-out and mental health concerns. Their efforts may have started to cut through the wall of silence around these issues and normalised the broad topic of wellbeing in the legal profession. Yet, the profession remains beleaguered by mental health and wellbeing concerns.
As part of the business case for lawyers’ wellbeing, Reich suggests that leaders may be crucial to demonstrating how to practice law in ways that support wellbeing, for both the financial viability of the organisation and the health and wellbeing of staff. This is supported by the psychological and workplace literature on leaders’ influence on employee wellbeing.
Employees look to leaders for direction and guidance around work practices and culture. Dietz et al. illustrated that leaders’ presenteeism (e.g. coming to work when sick) increased employees’ presenteeism and the amount of sick leave employees took. This study noted that employees may learn through observing leaders’ behaviour that presenteeism is condoned. The authors speculated about whether employees emulated leaders’ presenteeism due to fear of sanctions or to make a positive impression and career advancement.
Montano et al.’s meta-analysis synthesised 144 studies on leadership, employee mental health and work performance demonstrating clear links between these workplace factors and demonstrating that leadership styles influence long-term employee mental health. The Montano study concluded that the consistent links between abusive and aggressive leadership styles and diminished employee mental health are a clear indication that leaders need to be aware of how they lead and interact with staff. Leaders need to be able to demonstrate positive and supportive leadership to foster positive organisational culture and work practices.
Leaders’ beliefs and behaviour impacts employees’ mental health and wellbeing. Further, this research suggests that if leaders engage in behaviour that does not support employees’ wellbeing it is likely employees’ wellbeing will decline. By contrast, leaders who engage in behaviour that supports employees’ wellbeing are likely to improve employee wellbeing.
Leaders in the legal profession are pivotal to the progress towards a mentally healthy and thriving profession. If leaders can consistently demonstrate what mental health and wellbeing in the legal profession looks like then members of the profession can see, experience and emulate similar positive, adaptive and wellbeing-promoting behaviour. This may then result in a cascade effect throughout firms, organisations, professional bodies and legal institutions resulting in the scales of wellbeing tipping towards a more flourishing profession.
To lead the way to wellbeing, legal leaders can attend to their own mental health and wellbeing regularly and use wellbeing coaching, critical reflective practice and debriefing to canvass how to work optimally to lead change.
Support for Lawyers understands legal professionals. Our counsellors can assist legal organisations to provide consistent wellbeing support to maintain your own and your staff’s mental health and wellbeing for the long term.
At Support for Lawyers, we believe that when whole firms or organisations engage with us wellbeing is embraced as part of normal workplace culture and business as usual. This is responsible business practice and is protective of everyone.
Talk to us about how our preventative approach to enhance wellbeing can support you, your staff and your legal organisation.
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Related:
Baron, P. (2015). The elephant in the room? Lawyer wellbeing and the impact of unethical behaviours. Australian Feminist Law Journal, 41(1), 87-119. https://doi.org/10.1080/13200968.2015.1035209
Brady, M. (2019). VLSB+C lawyer wellbeing project: Report on legal professionals’ reflections on wellbeing in the legal profession and suggestions for future reforms. Victorian Legal Services Board + Commission. https://lsbc.vic.gov.au/resources/lawyer-wellbeing-report
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
Dietz, C., Zacher, H., Scheel, T., Otto, K., & Rigotti, T. (2020). Leaders as role models: Effects of leader presenteeism on employee presenteeism and sick leave. Work & Stress, 34(3), 300-322. https://doi.org/10.1080/02678373.2020.1728420
International Bar Association. (2021). Mental wellbeing in the legal profession: A global study. International Bar Association. https://www.ibanet.org/document?id=IBA-report-Mental-Wellbeing-in-the-Legal-Profession-A-Global-Study
Kelk, M., Luscombe, G., Medlow, S., & Hickie, I. (2009). Courting the blues: Attitudes towards depression in Australian law students and lawyers. Brain and Mind Research Institute. https://law.uq.edu.au/files/32510/Courting-the-Blues.pdf
Kirby, M.D. (1995). Judicial stress: An unmentionable topic. Australian Bar Review, 13(2), 101-115. https://doi.org/10.3316/agispt.19954706
Montano, D., Reeske, A., Franke, F., & Hüffmeier, J. (2017). Leadership, followers’ mental health and job performance in organisations: A comprehensive meta-analysis from an occupational health perspective. Journal of Organisational Behavior, 38, 327-350. https://doi.org/10.1002/job.2124
Reich, J.F. (2020). Capitalizing on healthy lawyers: The business case for law firms to promote and prioritize lawyer well-being. Villanova Law Review, 65(2), 361-418.
