Most legal professionals understand that improvements are needed to support their mental health and wellbeing. In the hectic work life as a lawyer it is difficult to know where to start and what to do to create healthy and sustainable legal practice. The recent report from a five-year national Canadian study, towards a healthy and sustainable practice of law in Canada, provides some helpful guidance to legal professionals, firms, institutions and professional organisations.
Canadian law societies heeded the recommendations in Phase I of the study and took the lead to implement a range of activities based on the report’s 10 recommendations. Phase II of the report indicates that initiatives were implemented across Canada, with different state and territory bodies adopting different approaches. The highest number of initiatives aligned with five recommendations from Phase I of the report, as shown below with examples.
Alignment of mental health and wellbeing initiatives with recommendations from Phase I of “Towards a healthy and sustainable practice of law in Canada”
The number of initiatives implemented by Canadian law societies within a two-year period demonstrates the impact of undertaking national research in collaboration with key state and territory bodies. It appears that Phase I of the report galvanised positive action from leadership, which has been a consistent recommendation in the broader research to effect systemic change. However, Phase II of the report does not indicate the effectiveness of the initiatives implemented. This highlights the importance of both taking action and evaluating the actions taken.
Phase I recommendation 9 suggests the legal profession adopt a “culture of measurement”. Only one initiative in Phase II aligned with this recommendation, where a law society planned to liaise with firms to gather information on the wellness of legal professionals to inform strategic development of initiatives. Without data on the effectiveness of initiatives, long-term projects and programs may have lower than expected impact on the lived experience of legal professionals. Consequently, it is prudent to incorporate holistic feedback about legal professionals’ experiences of initiatives and the impact they have on their mental health and wellbeing.
Poynton et al. provides some insight into what initiatives work. This study suggests that primary prevention may be more effective than secondary and tertiary strategies. Primary prevention aims to address root causes of problems and research identifies systemic issues as the root cause of lawyers’ poor mental health and wellbeing. Poynton et al.’s research suggests that structural and cultural changes, such as flexible working arrangements, removing billable hours and ensuring staff can engage with wellbeing initiatives without needing to make up the time afterwards, are the most effective wellbeing strategies.
Secondary prevention strategies aim at resourcing individuals and groups to deal with problems. Secondary strategies often involve providing information and skill development, such as workshops on mental health topics or mindfulness training. Tertiary strategies tend to be individually focused and address problems after they have occurred, such as crisis counselling or employee assistance programs. The feedback about secondary and tertiary initiatives was mixed, meaning that some lawyers derived benefit and others less so. It appears the most effective secondary and tertiary strategies provided practical skill development or useful information that could be applied to lawyers’ daily lives.
The profession has known about its mental health and wellbeing problem and potential solutions for a long time. It has taken various efforts to improve the mental health and welling situation for lawyers. Yet, the profession remains at the frontiers of these endeavours.
The studies by Cadieux et al. and Poynton et al. highlight that progress is made through commitment to legal professionals’ mental health and wellbeing, consistent incremental change, and measuring the impact of action. Thus, a healthy and sustainable legal profession is achievable with commitment, action and evaluation.
What initiatives does your legal workplace have in place for staff mental health and wellbeing?
How does your local law society or bar association support your mental health and wellbeing?
How have these initiatives been helpful to you?
How could they be improved?
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 legal professionals, organisations and professional associations to build their mental health and wellbeing resources and evaluate their actions to create a healthy and sustainable profession.
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.
