For 75% of lawyers in the 25-35 age bracket, employers should do more to improve the mental health of their employees. To address these issues, several major law firms have introduced policies that could easily be replicated in France.
The main criticisms voiced by lawyers regarding the lack of consideration given to mental health issues in law firms include the lack of responses offered in cases of harassment, the absence of support and excessive workloads. Moreover, while 73% of organizations claim to have initiatives in place to promote the well-being of their employees, only 16% report training their managers on this subject (IBA Survey, 2021).
“It’s only by finally daring to look these truths in the face, by putting up a united front to refuse the race for productivity in which every lawyer and every student is embroiled against his or her will, that things will really be able to change.” (Florence Amélie Brosseau, director of the Association des juristes progressistes au Québec, L’actualité)
Law firms making a commitment
We have compiled here a non-exhaustive list of initiatives implemented by major law firms around the world :
– One of Australia’s leading law firms, Clayton Utz has appointed a mental health manager in 2019 to enhance the firm’s existing mental health initiatives. 200 in-house staff have already been trained in emergency response to mental health issues (Mental Health First Aiders), and employees benefit from ongoing access to psychologists. The firm is also a founding member of the Business Alliance for Mental Health, and has been awarded a gold medal for its commitment to the Mental Health First Aid (MHFA) Skilled Workplace Program.
– Canada’s largest law firm, Borden Ladner Gervais, sends out monthly newsletters on mental health and offers the possibility of consulting all types of specialists on the subject (for an annual fee of up to $5,000).
– Hogan Lovells has announced that it has signed a partnership in 2020 with the Unmind platform, which will enable teams to track their wellbeing and react in the event of problems. Hogan Lovells supports Mental Health First Aid England as well as City Mental Health Alliance. In 2019, the firm has appointed its first cohort of “Mental Health First Aiders”, who are trained to spot red flags and support colleagues and clients.
– International law firm Reed Smith had launched a program in 2018 called Wellness Works, which offered teams the opportunity to take part in sporting, cultural and charitable events, as well as benefiting from free consultations. Reed Smith deepened this initiative in 2020 by launching a mental health task force to advise the firm on policies and practices, its training strategies, the services provided in this area and awareness of these issues: “we will tackle the well-known taboo surrounding these issues and ensure that we offer a caring corporate culture that is conducive to all requests for help” (Kimberly Gold, partner and co-founder of the task force). Reed Smith also launched a campaign in 2020 called ‘Stop the Taboo‘.
– Norton Rose Fullbright has launched the Breathe network, which seeks to eliminate the taboo around the subject by organizing conferences, sharing experiences, sending out newsletters and training 300 Mental Health First Aiders.
– Dechert has launched a range of initiatives : training for Mental Health First Aiders and Mental Health Champions, guided meditation sessions on Mondays, online fitness classes, wellness week, free access to a mediation app, well-eating awareness sessions, confidential support program, free access to psychologists and a platform on behavioral therapies.
– LinkLaters signed a pilot partnership with the BetterSpace platform in 2018 and offered £300 to 340 practice members, which they were free to spend on access to 400 wellness resources (apps, materials, etc). In the wake of the pandemic and the various lockdowns, the firm launched a program to support staff who might be victims of psychological, physical or sexual violence, offering in particular funding for overnight accommodation for its employees and their children who have to leave their homes in an emergency.
– A number of UK firms are signatories to the Mindful Business Charter, which lists a number of practices to be implemented to reduce stress at work and rebalance life times.
A few best practices for taking mental health into account
Implementing a caring corporate culture doesn’t have to be the prerogative of large firms. Simple, inexpensive practices can make all the difference. While the introduction of yoga classes and rest rooms can be a significant asset, they should not be the be-all and end-all of a corporate well-being policy. We need to get to the root of the problem, and not just treat symptoms once they’ve appeared. This can be achieved by appointing a resource person, or even a committee of partners, associates and employees, to reflect on the strategy to be adopted. One of the first steps will be to carry out a psycho-social risk audit, as well as an anonymous assessment of the state of well-being within the organization.
To reduce workload and stress, it may be useful to rethink the billing policy, offer flexible working hours and an attractive vacation policy.
« Every partner in a large firm should reduce his retrocessions by 10% and use this money to hire young lawyers. So instead of asking associates to bill 2100 hours/year, they would only be asked to bill 1500 hours/year. Staff would be happier, and the quality of their work would improve. » (John Hoyles, former president of the Canadian Bar Association, Law and Style)
Finally, to enable people to talk about their problems without fear, awareness-raising campaigns involving associates can be set up.
Other actions to be taken include :
– setting up mentoring programs
– organizing events to raise awareness on the subject
– training in Non Violent Communication, particularly for performance review meetings.
– setting up a participative work environment that listens to everyone’s contributions,
– implementing strategies to encourage diversity and equality.
Neglecting to work on these issues, on the pretext that the job is tough, can have serious consequences for the long-term involvement of employees, with a possible increase in staff turnover and a drop in the quality of services provided. By working together to create more caring workplaces, we all stand to gain.
Further information
Association LawCare (UK)
Being Well in the Law : A guide for Lawyers
Psychological Wellbeing: Best Practice Guidelines for the Legal Profession
Supporting wellbeing in the workplace: Guidance for best practice
Minds over Matters, an examination of mental health in the legal profession, Law.com
Jonathan’s Voice, British NGO aims to reduce mental health taboos among lawyers
Book Lawyer Health and Wellbeing – How the Legal Profession is Tackling Stress and Creating Resiliency
Mental health awareness campaign, Montreal Bar
