Yoga is great … It’s not a complete solution.

Support For Lawyers

Support For Lawyers

Lawyers have some of the highest rates of substance use, depression, anxiety and voluntary attrition of all professions, in Australia and worldwide. It is well recognised that legal work and culture are dominant contributors to the profession’s wellbeing, but the burden of self-help remains. And despite many organisations reportedly developing and implementing wellbeing initiatives, many employees doubt their authenticity and efficacy. So, maybe it’s time we recognised that yoga is not the answer.

The Australian Solicitors Conduct Rules are silent on the responsibility an employer or an individual has to maintain wellbeing. Given the prevalence of work-related psychological distress and illbeing in the profession, it hardly seems plausible for there to be so little required of employers. Solicitors are required to, “act ethically and in accordance with the principles of the professional conduct established.” And global research has overwhelmingly proven wellbeing is a complex issue with multi-level contributors, including an employers’ ethical responsibilities. Arguably then, shouldn’t organisation-level wellbeing education and practices also be mandated by the Rules?

Rule 4 (ASCR) specifies that the fundamental duties of solicitors include:

  • acting in the best interests of clients
  • being courteous in all dealings in legal practice
  • delivering services competently, diligently and as promptly as possible.

Rule 5 requires solicitors not to engage in conduct, notably in the course of practice or otherwise, that is likely to diminish public confidence in the administration of justice or to bring the profession into disrepute. And Rule 7 mandates clear and timely advice. Now, there’s extensive research confirming stress, like that inherent in legal work, challenges good judgement, positive communication, competence, and efficiency. Hence, a solicitor who is overwhelmed, burnt out, bullied, or stressed for any other reason is at great risk of breaching their professional duties. Of course, working on the things one can control as a an individual is part of their duty. But why are we, as a profession, simply leaving them to it?

Structural reform

Apart from amending the Rules, there is plenty of low hanging fruit when it comes to other reforms to reduce stress and distress. Despite this, the profession has largely failed to act on some of the key contributors to illbeing.

Time-based billing is well-recognised as a prime contributor of stress and illbeing. Rewarding based on billable input benefits equity partners and punishes efficiency. This ubiquitous, profit-centric business model promotes billing your way to the top and the research confirms it even tempts some to compromise their ethical duties to clients who want to keep costs, and their own stress, as low as possible. The six-minute clock is a known contributor to poor wellbeing, and we know there are more client- and profession-centric billing alternatives. It’s an important issue that desperately needs redress.

The entire ethos of the legal profession is built around efforts to resolve conflict. Conflict is what we do, but we are taught nothing, formally nor on the job, about the nature of conflict, conflict management, our own conflict style, our tolerances, or our triggers. And there is no compulsion for us to seek out this education because lawyers supposedly value, oh-so-highly, the thrill of the fight! But, wouldn’t understanding conflict, and our own role in it, better empower us to approach conflict constructively and temper its inherent stress?

Adversarial relationships are also at the core of legal work. While this is a necessary part of resolving legal matters, lawyers, their in-house colleagues, and clients are meant to be on the same side. However, the pressured, high-stakes nature of many cases can hinder our ability to communicate clearly, effectively, and showing courtesy for one another. Whether exhibited by us, our colleagues, or our clients, we’re all susceptible in this environment to letting the professional façade fall. So, where is the call for collaboration with behavioural and communications experts? With an evidence-based, trauma-informed approach, navigating these relationships would be far less contentious.

The real cost of ignoring wellbeing

Compared to the counselling and medical professions’ standards, the legal profession’s Rules of Conduct are woefully lagging. Psychologists, social workers, and GPs are all mandated to ensure their health and wellbeing as a fundamental ethical duty. It might be tempting to distinguish ourselves from the ‘helping professions’, but we are involved in processes that affect our clients’ safety, liberty, relationships, and money as well as their wellbeing. That is stressful and sometimes traumatic work. And regardless of our lack of documentation on this, we must acknowledge our role – by ensuring our own wellbeing, we ensure capability and competence to practise. If we ignore this tacit duty, however, we place ourselves, our businesses, and our clients at risk.

Turning intention into action

The Conduct Rules need revision. By formalising our duty to protect the wellbeing of ourselves and others, we become accountable and, therefore, far more likely to act. We also have a responsibility to bring mental health and wellbeing into the consciousness of legal culture, as well as normalising prevention and care.

The truth remains that many law firms think the duty of care box is ticked by writing a policy and providing wellbeing benefits like free gym memberships, yoga classes, and catered healthy meals. And while the intention behind an Employee Assistance Program is good, it’s offered within the context of a profession that still view mental health challenges and seeking help as signs of weakness. Never mind the fact most lawyers are so overworked they can’t fathom ever accessing most of those options.

Best practice must now include transparent acknowledgement that wellbeing is critical. And the culture must change. We must promote and honour wellness rather than quietly positioning some ambulances at the bottom of the cliff. And the responsibility sits with us – all of us. We’re already sitting up and taking notice. So, let’s learn from the innovators already implementing proactive strategies like mandated debriefing and wellness education. With genuine commitment and action at individual, organisational, and systemic levels, we can get on the right side of history.

References

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