That elusive balance

More flexibility since Covid, but no let-up in pressures, and a major issue to address over mental health: the picture of Scottish solicitors that emerges from the latest Profile of the Profession survey commissioned by the Law Society of Scotland.

It was the mental health findings that the Society chose to highlight when releasing the survey report. They are startling. Overall, 64% have experienced some form of mental health issue in the last five years, led by anxiety (51%), burnout (35%), physical symptoms due to stress (27%), depression (25%), and inability to cope (15%). The average masks the even higher 79% of females up to age 35 (73% for their male counterparts), and 81% of trainees; only males aged 56 or over score less than half (38%). Around half point to work as a cause, and as creating an unhealthy level of stress; yet 35% fear the reaction from managers (and 30% from colleagues) should they discuss their mental health.

What to do about it? The three biggest priorities for those who have experienced issues (other respondents say much the same), are reviewing workload pressures (54%), addressing staffing issues (40%), and improved flexible working (26%). Better peer or team support, and more regular catchups or appraisals, score next. In much of private practice, there is a feeling that employers talk a good game without making the necessary structural changes: several respondents found a significantly more supportive culture on moving in-house.

Quest for balance

Against that background, it is hardly surprising that improved work-life balance is the most frequently cited career aspiration, at 45% (women: 50%; men: 38%), compared with 41% for increased salary (women: 45%; men: 33%) and 34% for promotion or progression (women: 39%; men: 26%). Junior lawyers place more weight on the latter aspirations, but more than half still seek a better balance too.

Similarly, 42% have considered leaving the profession in the last five years for reasons other than retirement. (The figure is down from 48% in the previous (2018) survey, but still high.) Even among trainees the figure is 36%; it peaks at 56% for those qualified six to 15 years; and at almost all stages women are more likely to have done so. Again, work-life balance is the most frequently cited factor (69%), followed by disillusionment (60%), poor mental health or wellbeing (43%), and working practices (39%). Only after these do better pay or new opportunities (34%), or desire to change career (28%), feature as reasons.

The final chapter of the report looks more closely at the progression of women and ethnic minority solicitors, against the widespread belief (shared by 61% of respondents, and 76% of women) that there remains an issue with comparatively few women reaching senior positions compared with the number entering the profession in recent decades. Regarding the loss of women in their 30s and 40s from the profession, the dominant factors identified are better work-life balance elsewhere (77%), starting a family (68%), and negative views around maternity leave and part-time working (56%): nothing else scores more than 20%.

Easily the leading remedial change suggested is a greater acceptance by employers of flexible working (at 68% it scores more than twice the next placed proposal, broader performance metrics, at 32%). However there is also thought to be a role for the Society, through unconscious bias training, mandatory equality and diversity training, and training/mentoring for female solicitors seeking judicial appointment, all cited by close to a third of respondents, along with other support measures.

For ethnic minority solicitors, unconscious bias and other exclusionary factors are seen as the main issues, with targeted remedial measures proposed as the most effective changes that could be made.

Unfair treatment

To what extent is actual discrimination in the workplace an issue in the profession of 2023? Here there is some positive news from the report, with the number of respondents claiming to have personally experienced discrimination down by more than half (from 20% to 8%) on the 2018 survey, and those who have witnessed it falling from 20% to 10%. Percentage wise, it is the disabled who are most likely to have suffered, followed by those of minority ethnicity or non-Christian religion, but all the Equality Act protected characteristics feature, along with working patterns, being a parent or caregiver, socio-economic background, mental health, “appearance”, neurodivergency and more.

Most commonly, discrimination was experienced in work allocation, not being considered for development or training, being left out of communications, or in salary.

Separately, the report covers microaggressions – intentional or unintentional verbal or behavioural slights, snubs or insults which communicate hostile or negative messages. These are more common: 20% have personally experienced them at work and 18% have witnessed them. In this connection, instances of bullying were also frequently cited. Absence of repercussions for offenders, combined with fear of a backlash after reporting an incident, underline the report’s finding that many workplaces lack effective measures such as gender sensitivity training or efficient reporting mechanisms. That brings an “urgent need for stronger, proactive measures” – among them the creation of a safe environment to report incidents.

Bullying and harassment return similar scores – 17% report personal experience and 21% having witnessed it. Most commonly this comprises “overbearing supervision”, such as undermining of work output or constant criticism; misuse of power or position; ridicule or demeaning language; or being given too much/too little/low grade work. Exclusion or victimisation are also regularly cited. Sexual harassment is less common, experienced by 4% and witnessed by 5%.

As with the previous survey, only 20% believed that most or all incidents of unacceptable behaviours had been appropriately dealt with. And a higher percentage than last time, albeit a minority (varying with the type of behaviour), believe the issues are systemic in the profession.

Violent conduct in the course of their employment has been suffered by 4% of respondents, most often (73% of cases) from a client/former client or their associate, but also from an opposing party, a stranger or anonymously, and in one case in eight, from a person connected with a present or former workplace. Just over half of incidents were reported, but often without the bodies concerned taking effective action. Behaviour perceived as threatening or abusive was also reported by 20%, again often with a lack of effective response even if reported.

Changes since Covid

Has working life changed for the better due to the changes resulting from the pandemic? There are some clear positives: 77% say their workplace has become more supportive of hybrid working; for 73% it has adapted well; and for 70% having that ability is more important to them now. But while 59% feel as committed to their career as before, 18% do not, and 19% no longer feel as supported. Positive figures are lower for private practice than for other sectors.

Particular aspects that more people view as better post-pandemic than take the opposite view, are ability to serve clients effectively, support from managers, and compassion and empathy in the profession. With eight other factors, however, more think things were better before: these include feeling part of a team, workload pressures, stress levels, forming relationships with colleagues, training trainees, being able to switch off, and levels of loneliness or isolation. There is some correlation here with those who have experienced mental health issues. (It should be noted that for all 11 factors, between 50% and 65% believe things are about the same now as before.)

Whatever the reasons, 27% of respondents (and 64% of trainees) work in the office full time, 51% are hybrid, and 15% work remotely all or most of the time.

Money, and more

Turning to the financial picture, salaries are up since the 2018 survey: the most commonly mentioned bracket is now £45,001-60,000, rather than £30,001-45,000; and 27% compared with 18% earn more than £80,000. Assessing salary differentials by gender reveals a small advantage to males among those up to five years qualified, but a wider gap at more senior levels. Bonuses tend to follow. Depending how it is calculated, the gender pay gap is assessed at 22-27% (2018 = 23%). There is also an ethnicity gap of 25%.

The path to partnership still seems somewhat smoother for men – who are also significantly more likely to view the status as important. Reasons for not seeking partnership include work-life balance, job satisfaction from other factors, family commitments, and the added stress and expectations involved.

Over to employers

What key messages can we take from all the foregoing? The findings will have given the Society much food for thought, but it seems clear that the principal onus in remedying the issues identified falls on employers, particularly in turning fine words into meaningful action when it comes to wellbeing, fair and equal treatment, and eliminating unacceptable behaviour. With challenges continuing around the recruitment and retention of sufficient quality staff, employees are likely to seek better conditions elsewhere rather than put up with an unsupportive culture.“These results show there is much progress to celebrate, but also much still to do”, Society President Sheila Webster commented as the report was released.

“The results will feed into our future work and we’ll be engaging closely with the profession to tackle the issues raised. Supporting legal professionals, including their mental wellbeing, stands to benefit law firms and other employers just as much as the individuals who work there.”

The 2023 Profile of the Profession survey attracted 3,138 responses, an increase on the 2,746 in the last survey in 2018. They break down as 60% women and 39% men (1% preferred to self describe, or not to state); quite evenly spread across the age brackets; with 5% from non-white ethnic groups (4% in 2018); and 5% who state they have a disability (but 28% who indicate “at least one physical or mental impairment or condition”, for example menopause). As in 2018, 75% attended a UK state school; there was slightly higher social mobility among younger age groups, though professional occupations dominate for their parents. Exactly 30% work in-house.

The survey was carried out for the Law Society of Scotland by Taylor McKenzie Research.

Read the full report.