Do you know when your people are struggling?

Marguerite Picard

Marguerite Picard

Most law firm leaders, managers, and HR departments genuinely care about their employees’ wellbeing. They want to be good, supportive employers and they have typically thought about or acted on strategies to achieve that. But there is a problem – legal professionals are experiencing high rates of mental illbeing and many have considered leaving their employer or leaving the profession.

In 2021, the International Bar Association (IBA) studied wellbeing in the global legal community. They reported one in three legal professionals claimed their work either negatively or extremely negatively affected their mental health. Cadieux et al. (2022) undertook a significant piece of research about lawyer wellbeing in Canada. Their study found that 57% of lawyers reported suffering work-related psychological distress.

Several studies have also reported on wellbeing in the Australian context. The landmark 2009 Courting the Blues report (Kelk et al.) showed nearly 60% law students and lawyers stated they experienced moderate to very high levels of psychological distress. It further reported almost one third of solicitors and 20% of barristers suffered with clinical depression. Poynton et al. found in 2014 that between 26% to 32% of legal practitioner respondents reported moderate to extremely severe symptoms of depression, anxiety, and stress. And in 2021, the South Australian Attorney-General commissioned the Equal Opportunity Commissioner to review harassment in the state’s legal profession. The review uncovered systemic issues, showing 47% felt work negatively impacted their overall wellbeing. Nearly 60% of that cohort considered leaving the profession entirely.

The Australian National Study of Mental Health and Wellbeing 2020-2022 (Australian Bureau of Statistics) explored mental health in the general Australian population. The report showed that up to 41.3% of females and up to 21% of males between the ages of 16 and 24 are suffering from anxiety. Between the ages of 25 and 34 those rates drop to 28% and 15% respectively and continue to decline with age. Overall, 42.9% of people aged 16–85 years had experienced a mental disorder at some time in their life. Compared with the legal profession, instances of psychological distress and illbeing in the general population are lower, suggesting legal work is a significant determinant of wellbeing.

Given the legal profession’s love of strength, drive, and competition, these figures may surprise many of the industry’s employers. But the statistics raise serious questions about the obligations employers have to their employees who might be suffering psychological distress. An important question to ask is whether they can tell if their people are struggling.

Sadly, the recent research has shown that most distressed lawyers will do everything possible to mask their suffering for fear of career repercussions. They are highly unlikely to access supports provided by their employer, like a formal Employee Assistance Program. Many state they would prefer to manage on their own than face judgement from peers and managers.

Where psychosocial health is so challenged and employees fear speaking up or seeking help, the profession needs to investigate and acknowledge its role. The research shows many believe work and work-related culture is at least partially responsible for negative or extremely negative impacts on wellbeing. And given the reticence to report, think about whether the available statistics capture the full extent of the issue.

Failure to recognise the vulnerability of an employee does not diminish their legal and ethical responsibility to attend to employees’ psychosocial health. So, it’s time for some uncomfortable conversations and change. But there’s no shortage of psychologists, social scientists, organisational development professionals, and other qualified experts to help.

Prevention and early intervention strategies are vital to ensure optimal wellbeing of anyone working in law. To this end, employers should develop trauma-informed wellness policies and systems to implement, evaluate, and revise them on a continuous improvement journey. It may seem completely out of your comfort zone, but safe and open dialogue functioning in both directions is the only way forward. For, unmasking the issues in a safe, non-judgmental environment protects one of your key assets – your people. And protecting your people safeguards you, your clients, and your business.

References

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