The last two decades of research state mental health and wellbeing in law must be led from the top. We often celebrate our leaders as role models for success in professional practise and business. Intuitively, we understand the link between performance and wellbeing. And with so much evidence available, it’s the not-so-secret weapon to really leading in law. So, what are we waiting for?
The Hon. Justice Michael Kirby (1995) was one of the first prominent Australian legal leaders to publicly share the stressors and consequences experienced in the profession, particularly the judiciary. Nearly 10 years later, the landmark Courting the Blues study (Kelk et al., 2009) called for legal professionals who have experienced mental health issues to discuss their experiences with colleagues, promoting open dialogue and reducing the stigma that prevents so many from getting help before challenges become crises.
Since then, other leaders in the profession have come forward to share their experiences of stress, burnout, and mental health concerns. Their efforts made the first cuts in the wall of silence around these issues. Yet we’re far from normalising wellbeing in the legal profession, which remains beleaguered by concerns.
Employees look to leaders for direction and guidance around work practices and culture. Research by Dietz et al. (2020) illustrated a prime example. The study showed that leaders’ presenteeism (e.g. coming to work when sick) increased employees’ presenteeism and the amount of sick leave employees took – that in most cases, employees learn through observation and echo what their leaders condone even when detrimental to their own health. While more research into motives is needed, the authors speculated about whether employees emulated leaders’ presenteeism due to fear of sanctions or to make a positive impression and career advancement.
Extensive research highlights another critical component of the leadership-wellbeing relationship – mindfulness. Understanding how leadership impacts employees is critical. Montano et al.‘s meta-analysis across 144 studies (2017) highlighted consistent links between abusive and aggressive leadership styles and diminished employee mental health versus the positive influence of supportive, inspiring leadership. It is also imperative that leaders understand their own wellbeing plays a role. The constant juggling of their own high-stakes, high-value case load and business management responsibilities can take a toll. And as Klebe, Klug, and Felfe (2022) found, leaders’ stress reduces the quality and consistency of leadership, with both negatively impacting employee health.
Reich’s study in 2020 focused on the business case for lawyers’ wellbeing. The research supported a crucial link between role modelling and organisational success. By demonstrating how to practise law in ways that support individual wellbeing, leaders help improve employee wellbeing, productivity, quality of work, and the business’ financial viability.
Legal leaders are pivotal to our progress towards a mentally healthy and prosperous profession. While the research and discussion are helpful, evidence suggests many leaders have defaulted to a, “Do as I say, not as I do,” style. Paying lip service to wellbeing does more harm than good. Consistent, positive role modelling, on the other hand, demonstrates the wellbeing-promoting attitudes and behaviours that empower individuals, businesses, and the profession to truly thrive.
References
- Baron, P. (2015). The elephant in the room? Lawyer wellbeing and the impact of unethical behaviours. Australian Feminist Law Journal, 41(1), 87–119. https://doi.org/10.1080/13200968.2015.1035209
- 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
- Dietz, C., Zacher, H., Scheel, T., Otto, K., & Rigotti, T. (2020). Leaders as role models: Effects of leader presenteeism on employee presenteeism and sick leave. Work & Stress, 34(3), 300–322. https://doi.org/10.1080/02678373.2020.1728420
- 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
- Kirby, M. D. (1995). Judicial stress: An unmentionable topic. Australian Bar Review, 13(2), 101–115. https://judicialcollege.vic.edu.au/resources/judicial-stress-unmentionable-topic
- Klebe, L., Klug, K., & Felfe, J. (2022). When your boss is under pressure: On the relationships between leadership inconsistency, leader and follower strain. Frontiers in Psychology, 13, Article 816258. https://doi.org/10.3389/fpsyg.2022.816258
- Montano, D., Reeske, A., Franke, F., & Hüffmeier, J. (2017). Leadership, followers’ mental health and job performance in organisations: A comprehensive meta-analysis from an occupational health perspective. Journal of Organizational Behavior, 38(3), 327–350. https://doi.org/10.1002/job.2124
- Reich, J. F. (2020). Capitalizing on healthy lawyers: The business case for law firms to promote and prioritize lawyer wellbeing. Villanova Law Review, 65(2), 361–418. https://digitalcommons.law.villanova.edu/vlr/vol65/iss2/3/
