Like many front line workers, lawyers are often portrayed as superheroes. Lawyers uphold justice. They fight to win. They are stoic and strong. They are ultimate problem solvers. And they command authority. If folklore is to be believed, it would seem that lawyers are shiny, Teflon coated, invulnerable beings with impenetrable armour. But every superhero has their kryptonite.
Whether you grew up reading comics, played with superhero figurines, or enjoyed action-packed box office hits, you’ve probably sensed more than meets the eye. Iron Man’s alter ego, Tony Stark, battles alcoholism, PTSD, and imposter syndrome. Spider Man’s alter ego, Peter Parker, is burdened by grief, responsibility for his uncle’s death, isolation, and burnout from leading a double life. And fearing his day job as a defence attorney is futile against systemic evil, Daredevil’s alter Matt Murdoch faces constant temptation to compromise legal ethics, falsify evidence, or let a guilty client suffer to serve the so-called greater good. While these profoundly human experiences are attributed to the face behind the mask, they’re inextricably linked to both the alter ego and heroic persona. So, superheroes are also vulnerable; they struggle; they make mistakes; they lose; they can’t always save the universe. And shocking as it may seem, the traditionally stoic ‘lawyerly’ façade is penetrable too.
Findings from the Victorian Legal Services Board and Commissioner (VLSB+C) (2019), the International Bar Association (IBA) (2021), and Cadieux et al. (2022) collectively tell the tale of a distressed profession on a global scale. Like in any good superhero movie, it is the story arc of vulnerability, challenge, struggle, and stoicism. But in this reality, the story isn’t fictional.
The VLSB+C’s 2019 study revealed about one in every two lawyers in Victoria Australia experience depression. The report indicated there was still substantial distress in the profession through experiences such as vicarious trauma, bullying, harassment, and overwork. Due to the acculturation of the legal profession, most lawyers still believed that a failure to cope with work-related pressures was a sign of weakness. Diametrically opposed to the valorised smooth sailing façade, most respondents felt seeking help was simply not an option.
The International Bar Association’s (IBA) 2021 report on lawyers’ mental health and wellbeing showed approximately half of lawyers globally received low scores on a measure of mental wellbeing, indicating nearly half the profession should be screened for depression. The report also revealed that where supports were available, most felt their organisations were simply ticking a box as they failed to back up policy with authentic action.
These findings are consistent with those of the 2022 national Canadian study by Cadieux et al. This report demonstrates that nearly 60% of Canadian legal professionals’ experience psychological distress, with the majority experiencing moderate to very high distress. It highlighted those lawyers (as a sub-group of legal professionals) had one of the highest proportions of suicidal ideation, such that nearly a quarter of all Canadian lawyers have thought about taking their own lives. Further, a substantial number of the legal professionals in Canada (55.9%) are burned out, over a quarter experience depressive symptoms, and over one third experience anxiety symptoms.
The research suggests that many in the legal profession do not want to fully acknowledge their vulnerability nor seek help for fear of judgement by their peers or employer and the resulting career repercussions. But just as superheroes do both during and after their trials and tribulations, it’s time for the legal profession to embrace the discomfort and evolve. It is time to draw on their formidable problem-solving superpowers to implement impactful action.
One way the profession can take meaningful action is to fully acknowledge our humanity. While everyone has their own tale to tell, the experiences of work-related challenges and illbeing form common ground. It’s from this solid foundation that we can foster truly transparent, non-judgemental discussion that opens the door to a new, much healthier normal. And just like the evolved superhero personas at the end of the movie, we can wear our vulnerabilities like a shiny, new badge of honour that proves its ok, great even, to be human.
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
- 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
