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I can’t put it better than a feeling that there is a seismic turn – we are on the crest of a wave – when it comes to lawyers’ wellbeing, and what might be done to improve it, writes Polly Harding.
I turned up the car radio very loud and shut down the ever present cricket chatter from my son when I yesterday heard no less than Linda Mottram on ABC’s PM – a journalist who I very much admire – introduce the topic of “royal commission lawyers working grueling 16 hour days” in the context of the forthcoming recommendations from the banking royal commission.
There’s nothing new in this. Way back in 1980s London, working in the most prestigious “magic circle” law firm in the city, leaving jackets on the back of chairs to indicate a presence in the office well into the night was very common practice.
While we can sustain hard work and long hours for some periods of time (indeed working hard in an intellectually stimulating environment can be a very positive thing), it is always a matter of degree. It’s the constant and unremitting requirements to work ridiculous hours which appear to be doing the harm.
An article in last week’s AFR by Natasha Gillezau and Elouise Fowler explored what it’s like working as a young corporate lawyer at a top-tier firm. Just like the “location, location, location” mantra for house hunters, “working hours, working hours and working hours” is what really ails these young commercial lawyers. As the AFR piece points out, the fallout for firms and for individual lawyers is significant.
So where to next?
This is a huge topic – and certainly not one which can be tackled in a short article. However, we are as a profession “all in this together”.
Law firms
Law firms (of all shapes and sizes) know that, for commercial, humanitarian and other reasons, that change needs to happen. Lawyers’ wellbeing is good for business.
However, change isn’t going to happen overnight. Clients’ demands and law firms’ responses to them are deeply embedded. But without doubt there is now a groundswell of will for change and change WILL follow.
Individual lawyers
I’ve said it before – and I’m sure I’ll say it again- but never forget that you have choices.
Just as you bear in mind when choosing your significant other, no relationship with your work (a relationship like any other) is perfect. You need to decide, honestly, what matters to you – and what is non-negotiable – and manage the rest.
If commercial law isn’t for you – hey, if law isn’t for you, come clean and take whatever steps you need to for change.
You only live once.
Clients
Clients have responsibilities too. I was a client, working in-house for many years. It’s my belief that clients have a responsibility to consider the lawyers and law firms they instruct – and the impact of how they do that.
I remember, many years ago, reading an interview with a very prominent in-house lawyer at Telstra. He emphasized that while he worked hard to support requests within his teams for flexible or part-time working it was equally important to him that he replicated that support and consideration for external lawyers in the expectations placed on those external firms.
When it’s possible (and I admit I’ve never had a job which saw me staring down the barrel of a royal commission) think about the expectations we are placing on our external counsel.
For example, could managing things better at our end (including managing our own internal clients) relieve the pressure, in some small way, on those that we are asking (and paying) to do legal work for us?
I, for one, am looking forward to the changes which surely lie ahead.
Polly Harding is a principal and lawyer at Counsel on Demand.
Emma Musgrave (née Ryan) is the managing editor, professional services at Momentum Media.
Emma has worked for Momentum Media since 2015, including five years spent as the editor of the company's legal brand - Lawyers Weekly. Throughout her time at Momentum, she has been responsible for breaking some of the biggest stories in corporate Australia. In addition, she has produced exclusive multimedia and event content related to the company's respective brands and audiences.
Prior to joining Momentum Media, Emma worked in breakfast radio, delivering news to the Central West region of NSW, before taking on a radio journalist role at Southern Cross Austereo, based in Townsville, North Queensland.
She holds a Bachelor of Communications (Journalism) degree from Charles Sturt University.
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