Most legal professionals understand that improvements are needed to support their mental health and wellbeing. Amidst the pressures and hectic work schedule of legal practice, it is difficult to know what do, or even where to start. And how do you know if you’re making the right changes to support healthy, sustainable ways of working – that work for you? In their final report from a five-year national study, Cadieux et al. (2024) provide astute findings and guidance for professionals, law firms, institutions, and professional bodies.
In one the most comprehensive studies into the mental health and wellbeing of legal professionals, Towards a healthy and sustainable practice of law in Canada (Cadieux et al., 2022; Cadieux et al., 2024) is a critical contribution to contemporary research. The report elucidates protective factors, core concerns, expectations of workplaces and organisations, and initiatives to ameliorate poor mental health and wellbeing. Phase I of the study made several recommendations to help legal leaders prioritise commitment and action to address the industry-specific issues (Cadieux et al., 2022). 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 (Cadieux et al., 2024). The highest number of initiatives aligned with five recommendations from Phase I of the report, as shown below with examples.
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 (Brady, 2019). The Phase II report also shows positive commitment from the national profession on other issues consistently highlighted in recent years, including destigmatising mental health issues, improving access and removing barriers to effective support, and improving the knowledge and skills that build resilience. However, Phase II of the report does not indicate the effectiveness of the initiatives implemented.
Recommendation 9 from the Phase I report 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. This limited response to the recommendation is concerning, and highlights the broader profession has not considered its importance. Without data, holistic feedback about lived experiences of the initiatives and their impacts, and thorough analysis, we cannot determine whether initiatives are appropriate and effective. Consequently, any hopes for iterative progress are hampered.
In the Australian jurisdiction, prior research mapped baseline correlations between lawyer stress and workplace culture (Chan et al., 2014), while Poynton et al. (2018) provided subsequent insight into what initiatives worked locally. The study by Poynton et al. (2018) highlights the supremacy of primary prevention strategies that address the root causes of ill-being. This work reiterates the assertion by Cadieux et al. (2024) that evaluation is of critical importance and the industry needs to pay attention.
The profession has known about its mental health and wellbeing problem and potential solutions for a long time (Kelk et al., 2009). It has made various efforts to improve the cohort’s lived experiences. Yet, the profession remains at the frontiers of these endeavours. The studies by Cadieux et al. (2024) and Poynton et al. (2018) highlight that meaningful progress requires a more robust analytical approach that measures impacts and applies the insights on a continuous improvement journey. Through commitment, consistent, incremental change, and evaluation, healthy and sustainable legal practice really is achievable.
References
- 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. https://www.unsw.edu.au/content/dam/pdfs/law/unsw-law-journal/2010-2019/Vol-No-37-3-6.pdf
- 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, 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. https://www.unsw.edu.au/content/dam/pdfs/law/unsw-law-journal/2010-2019/Vol-No-41-2-Poynton-et-al-2018.pdf
