“It’s just the way it is” … Time for a new normal.

Marguerite Picard

Marguerite Picard
A glowing green circle of light in the middle of a vast grid of uniform metal rivets. The image symbolises breaking free of toxic norms and defining a new normal of health and wellbeing in the workplace.

Law and order is a well-known concept. Technically, it refers to a society’s system for maintaining peace and safety. In practice the system is adversarial, creating pressure to win … sometime at all costs. And the industry norms that keep this system going are widely familiar. There’s the typically high-stakes nature of the work and the notoriously long hours. Then there’s the dominant personality traits, like conscientiousness and drive, that attract lawyers to the job and keep them highly engaged, motivated by the job’s inherent responsibilities, and performing for their clients, their firm, and their careers. There’s the list of normal feelings lawyers regularly experience, like being tired and stressed at the very least. And there’s the so-called normal ways of dealing with those feelings – take a deep breath, do some yoga or meditation, create a better work-life balance … but whatever you do, don’t talk about it! We tend to think of normal as something providing stability, predictability, and a sense of belonging. But what happens when the norms of legal life become toxic?

The ‘lawyerly’ personality

Personality can be a double-edged sword. In some circumstances our traits and mindset work in our favour, in others not so much. According to recent psychological research, there are some dominant elements amongst legal professionals associated with success and vulnerability.

Highly conscientious people are organised, diligent, thorough, and prudent (Ashton et al., 2014). Several studies have found this trait, particularly when combined with healthy scepticism and perfectionist strivings, helps lawyers manage rigorous workloads and advocate successfully for clients (Hendrikx et al., 2024). This generally adaptive combination fosters behaviours like heightened risk identification and responsibility, self-regulation, and managing stress proactively. But there’s a trade-off. Conscientiousness can also place protective wellbeing factors at risk. It can drive lawyers from a highly engaged and fulfilled state to over-engaged where work-life balance suffers (Nickum & Desrumaux, 2022). And while scepticism and perfectionist strivings help lawyers spot the issues, risks, and weaknesses in legal arguments that help their clients, this highly critical mindset can be detrimental in interpersonal relationships.

Both research and anecdotal evidence suggest neuroticism is also commonly elevated amongst law students and lawyers (James et al, 2012). It is characterised by a tendency to experience negative emotions, like worry, self-doubt, and anxiety, as well as reacting strongly to pressure or uncertainty at work and finding it even harder to switch off. Within neuroticism, perfectionism becomes maladaptive, causing rumination, struggling to delegate for fear tasks won’t be done properly, and constantly feeling inadequate. And this toxic cycle is a significant precursor to the high effort-low reward imbalance, isolation, and burnout that increasingly drives people to leave the profession (Nickum & Desrumaux, 2022; Holmes et al., 2025).

Of course, not all lawyers are the same. Even with common traits and thought patterns, there’s a scale. But the research shows us that the line can shift. When it does, experience tells us it’s very difficult to get help and shift it back.

Cultural norms

Personality traits and cognitive approaches are not solely responsible for lawyers’ experiences of wellbeing. It is now widely accepted that organisational and systemic factors are deeply intertwined and each have a significant role.

The adversarial nature of legal systems is often mirrored in law firm dynamics. The fierce advocacy required to help clients win often gives rise to aggressive, competitive, and hierarchical internal cultures. The recent Australian study by Holmes et al. (2025) revealed traditional business models where the billable hour reigns supreme contribute to a culture still accepting excessive workloads, unreasonable working hours, and blurred lines between work and personal life as the norm. Concerningly, many workplaces still fail to address bullying, harassment, sexism, and racism. And female and LGBTQI+ lawyers, professionals from culturally and linguistically diverse backgrounds, younger lawyers, and people with disabilities are disproportionately affected.

It’s fair to say there is now a greater awareness about the factors undermining wellbeing in law. The conversations have shifted and some wellbeing initiatives have evolved. Following the 2022 judgment in Kozarov v The State of Victoria, the law also stands clear on employers’ duty of care when there is a foreseeable risk of workplace psychosocial injury. The intention is right. But intention without sufficient action is all-too-common.

Worryingly, wellbeing initiatives still overwhelmingly place responsibility on individual resilience, effectively scapegoating the organisational and systemic issues undermining it (Victorian Legal Services Board + Commissioner, 2025; Pike & Quinlan, 2025). Several recent studies found cultural norms remain one of the toughest barriers to lawyers’ wellbeing (Victorian Legal Services Board + Commissioner, 2025; International Bar Association, 2021; LawCare, 2025). Over 60% of Australian lawyers feel their organisations lack meaningful and effective systems to safeguard wellbeing. But even where organisations do have the systems in place, the prevailing stigma around mental health prevent many from getting the support they need. Between 25% and over 40% of legal professionals internationally are still reluctant to discuss mental health at work or seek support for fear of judgement and long-lasting career backlash.

Changing the narrative

Regulation, research, writing about, and discussing wellbeing is positive. But the best way forward is to re-write the norms. First, we need to accept wellbeing as a shared ethical responsibility. Supports must be tailored to industry-specific challenges and implemented at individual, interpersonal, organisational, and systemic levels. Individual resilience remains important, and is most effectively supported through regular, ongoing debriefing and skill building with an experienced counsellor. With the right organisational development support, law firms and leadership teams can also implement clear, effective wellbeing management training and systems. We already see regular actions like monthly billing as something that supports business success. By embedding these holistic wellbeing initiatives into legal life, our new normal can sustain the people that sustain the business.

References

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