The final report from one the most comprehensive studies into the mental health and wellbeing of legal professionals was recently published.
Towards a healthy and sustainable practice of law in Canada outlines the state of the professions’ mental health and wellbeing and contributors to mental health and wellbeing issues. It elucidates protective factors, core concerns, expectations of workplaces and organisations, and initiatives to ameliorate poor mental health and wellbeing.
The key themes in the Phase II report emphasise the continuing impact of professional culture on legal professionals’ mental health and wellbeing. It shows that lawyers know what needs to be done to enable change. It demonstrates that to have a lasting impact the legal profession needs strong commitment and leadership to actualise the necessary change.
The report highlights the issue of legal professional culture not being conducive to a mentally healthy and well profession. Congruent with previous Australian and international research, the report demonstrates that the profession values long work hours, high workload, accruing money and hardship. It reveals that anything not related to work, including self-care, was perceived by lawyers to exhibit weakness, laziness and low commitment.
In this culture, it is unsurprising that stigma was found to be alive and well. Despite awareness being at high levels, legal professionals still perceive that mental health issues indicate weakness and help-seeking suggests a lack of commitment. Further, there is a common view that vulnerability displays unreliability and incompetence, and admitting to anything perceived as vulnerable or weak is career destroying. It appears that stigma remains a substantial barrier to lawyers seeking help and undertaking self-care.
Thus, the call for systemic change has been raised again. This has been a constant theme in research papers on the mental health and wellbeing of legal professionals for more than 15 years. The Canadian report suggests that regulators, the judiciary and courts need to lead the change. Strong, clear and consistent leadership is necessary to support the younger generation of lawyers who will embed the change in the future. This research agrees with studies from Australia that have suggested that changing the primary determinants of wellbeing (or root causes) are effective to safeguard lawyers’ wellbeing.
The Canadian report highlights some primary determinants in its priority themes. Work-life balance is identified as a continuous challenge in a culture of extremely high workloads, billable hour demands and consistent tight deadlines. Working conditions and cognitive demands are also raised as a persistent issue. These are characterised by pressure to excel, extreme and complex workload, substantial emotional and intellectual demands and high responsibility.
The report indicates that legal professionals know what needs to happen to address these primary determinants of poor mental health and wellbeing. Work organisation has been a key primary determinant across the literature. The report suggests that work requirements change such that resources align with expectations on professionals. This may include distributing workload differently by promoting teamwork and collaboration, adopting alternative business models to the billable hour, encouraging openness around mental health and wellbeing, and instigating cultures of mutual support.
Work-life balance is a key theme in the study. Policies encouraging breaks, ending the workday at a reasonable time, taking time off for sick leave and vacations and the right to disconnect are considered essential to changing the system. These cultural changes need to be visibly supported and modelled by leaders, such as law societies, courts and larger firms, for optimal impact.
It appears that the legal profession across Canada was inspired by the findings of Phase I of the report. Numerous initiatives were undertaken in Canadian states and provinces to implement recommendations suggested by the report. It appears that action ensues when the key institutions and leadership agree to be curious about a challenge that is undermining their profession.
The comprehensive Canadian study creates awareness and a depth of appreciation for the challenge of mental health and wellbeing of legal professionals. Importantly, the high degree of collaboration among researchers, key institutions and legal professionals may have the effect of instigating the required systemic change needed to meaningfully shift the dial towards a healthy and sustainable legal profession.
What are some of the key persistent areas of challenge in your workplace (professional culture)?
How could these primary determinants (root causes) of poor mental health and wellbeing be ameliorated?
Would a national research project comprehensively exploring the challenges, barriers, coping strategies and opportunities for Australian legal professionals’ mental health and wellbeing galvanise action in Australia?
Our blogs and articles are informative and intended to provoke dialogue and reflection among colleagues, within teams, in workplaces and throughout the profession. Discussion about these ideas contributes to breaking down stigma and developing a professional culture that is supportive of mental health and wellbeing.
Support for Lawyers understands legal professionals. Our professionals can assist your legal organisation 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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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
Cadieux, N., Bélanger, M.A., Camille, A.B., Driss, A., St Jacques, C., Cadieux, J., Gouin, M.M., Morin, E., Gingues, M., Pomerleau, M.L., Gahunzire, J., & Dahan, J. (2024). Research report: Towards a healthy and sustainable practice of law in Canada. Consolidated report. National study on the health and wellness determinants of legal professionals in Canada, phase II (2022-2024). Université de Sherbrooke, Business School. https://www.researchgate.net/publication/368390016_Targeted_Recommendations_Towards_a_Healthy_and_Sustainable_Practice_of_Law_in_Canada
Chan, J., Poynton, S., & Bruce, J. (2014). Lawyering stress and work culture: An Australian study. UNSW Law Journal, 37(3), 1062-1102.
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
Poynton, S., Chan, J., Vogt, M., Grunseit, A., & Bruce, J. (2018). Assessing the effectiveness of wellbeing initiatives for lawyers and support staff. UNSW Law Journal, 41(2), 584-619.
