From stressed to supported

The pandemic may have passed, but the factors impacting on mental health continue, as do efforts to have wellbeing recognised across the legal profession as an issue to be taken seriously

16th January 2023 | Puneet Kaur

Although the pandemic feels like a lifetime ago, the context of unpredictability arising from the lockdown, unemployment, restrictions and the changes to today’s standard of living has impacted on the mental health of many.

In research conducted by mental health charity Mind, around one in three adults and young people said their mental health had deteriorated since March 2020. LawCare, the legal profession’s support charity, found that 26% of calls to its helpline are due to stress and 11% due to anxiety.

The Law Society of Scotland launched a three-year action plan to deal with the issues surrounding mental health within the legal sector. This was created alongside Scotland’s national programme, See Me, which found that 77% of individuals wanted a better understanding of mental health issues so they could provide support, and stated that if training was provided, it would positively change workplace culture.

Our profession can be extremely tough, partly as it appears to be competitive and resilient. Most solicitors state they work well under pressure, but this pressure can also negatively affect performance.

A great example of a leader failing to safeguard his employees’ mental health is the former UK chair of accountancy firm KMPG, Bill Michael, who told employees to “stop moaning” during a virtual meeting in which they expressed their struggles with remote working during the pandemic. Although Michael did resign after issuing an apology, this type of put-down response is common in all sectors of business, including law.

It is this perception of toughness that legal professionals find it hard to speak out against, whether in relation to mental health affected by their career or personal issues they are dealing with.

Who is responsible?

The onus is usually on the individual to fix their mental health issues but, in reality, we have a collective responsibility to create a positive work environment for everyone.

There is a longstanding view that stress and pressure are part of the job of being a solicitor. This causes stigma around mental health issues affecting legal professionals. It is understandable that stress can come with any job, but it can become excessive if someone works long hours to meet client deadlines or demands which cross over into their personal life, leading to a lack of morale and increased leave.

Other factors can be dealing with personal issues while working in a high-pressured environment. Even external issues – the pandemic, the rising cost of living or the war in Ukraine – may have a drastic impact on mental health.

Mental health is a complex subject. Depending on your field, the challenges you face will differ. For example, a solicitor working with private clients will have different mental challenges and problems to a solicitor working in corporate, or an advocate.

What can be done?

Law firms should focus on three aspects in particular, when promoting employees’ wellbeing and offering advice and resources. These are support, training and culture. Undoubtedly, there are law firms which have been working towards improvement, implementing measures to tackle this issue, but it is far from being resolved among most.

Be proactive rather than reactive in supporting employees’ wellbeing. The commitment from employers should be clear. With firms returning to office working full time, it is essential to introduce a safe space for discussions about mental health. Encourage everyday conversation about mental health when individuals can speak freely with no judgment, and when they do speak, realise that others are facing the same anxiety and stress. Storytelling is a great way to break down issues associated with mental health and build trust within a firm, but talking about it yourself or hearing about other people’s struggles can also help you deal with your own.

Unlike many individuals, I preferred working in the office to remotely, as it was quite challenging when other family members were also working from home. I was in my last year of traineeship and looking forward to face-to-face meetings with clients. I thought this would improve my confidence, knowledge and communication but I never had a chance to exercise this until after I qualified.

I remember trying to bury myself under my work and staying active (working out, going for runs, walking the dog), but I did not realise that after some time, I would feel alone and depressed or that I was not getting enough work completed efficiently; I felt like a robot at times as the work that could be carried out was limited. There was also a social aspect which was sacrificed, which impacted me mentally as I couldn’t talk to anyone face to face apart from my family. In my opinion, discussing how you really feel on the phone does not have the same impact as talking to someone face to face.

One aspect that did help me, apart from yoga, was the wellbeing webinars introduced by the Society at the start of lockdown. These focused on positive mental health and are just as effective today. They helped me realise that other solicitors are dealing with similar issues and gave me tips on how to manage my own wellbeing.

Another thing to consider is introducing diversity and inclusion training. From the action plan carried out by the Society and See Me, it is vital, now more than ever, to create positive changes and expand common knowledge about mental health within the legal sector.

Actions taken

My firm has decided to have monthly meetings with all staff to discuss workload and general issues. In these meetings, which are confidential, employees can raise any issues they are struggling with, personal or work related, so the firm can assist and help ease or resolve their concerns.

A similar approach was taken by Allen & Overy, which introduced a monthly survey to gather feedback on mental wellness and concerns that its global staff were facing. Since then, it has created a Minds Matter programme, which encourages employees to discuss mental health and provides support where it is needed.

Other examples are Chicago-based Baker McKenzie, which started providing training to partners and managers in mental health, while UK-based Ashurst set up a wellbeing space in its Glasgow office which staff could use for yoga, quiet reflection and check-in sessions. Global firm Dentons also took the initiative to tackle this issue and implemented a four-day week scheme across its offices in the UK, Ireland, United States, Canada, Australia and New Zealand.

European firm Fieldfisher took a different direction, partnering with LawCare for a round table discussion of the pressures affecting both in-house lawyers and private practice. The first event, Wellbeing in Law, in April 2022, discussed the understanding of wellbeing and ways of improving and monitoring this to help achieve a positive outcome.

The discussion outlined three key questions:

What can senior lawyers and GCs do to improve their own wellbeing and the wellbeing of their teams?
How do/should lawyers measure “success” in terms of a career in law?
What, if anything, needs to change in the practice of law?

Some of the responses to these questions included workplaces:

having honest conversations;
setting realistic deadlines;
introducing firebreaks – sensible recovery downtime between deals;
having red, amber and green days when staff can acknowledge that different days will be slow, steady or busy (or a mix);
introducing initiatives to support psychological safety; and
providing for time blocks in diaries for no calls, and 50-minute calls, to ensure breaks.
Introducing these measures could assist in overcoming the burnout solicitors are facing, and increasing productivity and success.

While in-house counselling and schemes are fantastic initiatives to support employee wellbeing, it is vital to recognise that not everyone feels comfortable speaking to someone internal, or responds to the support offer in the same way. If you feel that listening to webinars will not help and you would rather speak about your concerns, there are other avenues you can explore. For example, LawCare is a free and confidential service for the legal profession, including staff and concerned family members, provided over the phone, by email or online chat. LawCare continues to support and call for a change in legal culture.

Tips for solicitors, practising or aspiring

Recognise and seek support

Whether through internal mentoring schemes or external support, if you are feeling anxiety, stress or general mental ill health, try and use the resources made available to you or speak up if you feel there is lack of assistance. Taking that first step towards asking for help can feel scary and overwhelming, but listening to your inner voice that says you need help, and recognising that, shows great strength.

If more solicitors talk openly about the challenges faced in the legal profession, this will assist others by giving them an insight into the issues they may face and helping them to navigate them.

Balancing work and social life

As we know, life as a solicitor can seem daunting, so it is important to take time away from your studies/work when you have the chance, to strive for a healthy work-life balance.

For aspiring solicitors, researching firms and their working practices is a great way to figure out what environment you might be in. Try speaking to people who are already in the firm, and figure out what the working life entails and what practices they have on mental health.

For practising solicitors, it is essential to take time away from your desk when you feel overwhelmed and burnt out. Get into regular selfcare habits, and if need be, diarise them. These can include going for a walk or taking a coffee break.

During the pandemic, we felt more isolated than ever – the key issue for many facing mental health problems. Within the legal world, the pandemic took away the ability to network and attend events or law fairs. Aspiring lawyers have had to work harder to build connections and create professional relationships. Regardless of whether you are working or studying, planning catchups with your manager or friends could improve your mental health and is a great way to stay connected.

The result?

Following the lockdown and introduction of flexible working, the way we work has changed forever, but there remains the cemented culture and stigma around mental health within the legal profession.

It is clear that many law firms and institutions are introducing measures and initiatives to tackle mental health issues. It is still unclear whether these work for everyone or whether firms need to readdress these to ensure an effective support system for all staff.

As more frequent conversations surrounding mental health occur in the workplace, more issues can be identified and solved – more systems of support can be established and introduced.

The more we talk about mental health, both within the professional setting and in wider society, surely the easier life will become.

This article previously appeared at www.thescottishlawyer.info