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Firms failing lawyers in distress

A retired judge has asked lawyers to consider just how happy they really are, adding that work-life imbalance in law must be tackled at every level.

user iconMelissa Coade 06 October 2016 NewLaw
Firms failing lawyers in distress
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Speaking at an event hosted by the Gold Coast District Law Association last month, retired judge Clive Wall QC encouraged lawyers to make an honest assessment of their wellbeing and quality of life.

While maintaining that the responsibility for personal wellbeing and setting work-life boundaries falls to the individual, Mr Wall believes more must be done within firms. Only then will it be possible to change the apparent work-obsessed culture in law, he said.

“Lawyers at top-tier firms have described [work conditions] as follows: you are expected to marry the firm and commit foremost to your work, which causes conflicts in sorting out a work-family-social life balance.

“[One lawyer] worked two to three months straight with only one day off. He described work at two other firms as ‘nose to the grind[stone], treated more like a commodity than a human, extremely long hours’. Clearly these working conditions can cause stress,” Mr Wall said.

The judge described a troubling dynamic where some firms overwork skeleton staffs and junior lawyers commit to unhealthy hours in a bid to be considered for promotion. The duality of the problem leads to situations where untreated stress can become debilitating, he said.

“One young lawyer leaves a spare suit at the office and returns to work at night after going to the gym in order to stay ahead. It is not unusual for him to only have four to five hours' sleep at night.

 “Young clerks are told to be there before the partner. ‘Don’t leave until after the partner leaves’, otherwise they don’t stand a chance at a graduate position,” Mr Wall said.

However, it is not only top-tier lawyers likely to succumb to excessive hours and an inability to properly cope with stress. Mr Wall illustrated that many lawyers struggle to cope with work, using the anecdotal experience of his own colleagues.

The judge noted that the topic of emotional stress in the profession had recently been raised at a judicial conference in Queensland, which acknowledged that 30 per cent of legal disciplinary matters coming before the Legal Services Commissioner involved emotional stress as a factor.

Citing a 2015 PsychSafe report that looked at the causes and consequences of psychosocial risk exposure at work, Mr Wall said that poor wellbeing was consistent across top- and mid-tier firms.

The PsychSafe findings also revealed that lawyers reported the highest levels of alcohol and nicotine abuse.

“Lawyers were more likely than other professionals to be exposed to the majority of the poor interpersonal behaviour psychosocial risks/sub-risks, including incivility, interpersonal deviance, verbal abuse, work obstruction, emotional neglect, mistreatment overall, bullying via destabilisation, overwork and threat to professional standing behaviours,” Mr Wall said.

According to the judge, law societies should do more to bring the seriousness of stress-related symptoms and the overall financial burdens their members bear to the attention of employers. Work cultures that promote regular holidays are also critically important for productivity and staff wellbeing, he added.

“I am far from satisfied that employers are as understanding, caring and supportive as those referred to at a recent wellness breakfast [in Queensland]. Some are, but not all,” Mr Wall said.

“Employers need to accept responsibility for the environment that clearly contributes to those symptoms. Without employer involvement problems will persist.”

The breakfast talk concluded with the judge serving recommendations for his top three mindfulness apps: Smiling Mind, Headspace and The Happiness Trap.

“Don’t park your problems under a tablet. Seek early help. A free mobile phone app may assist. Resources are there to help.”

Psychologist Dr Rebekah Doley also presented at the breakfast talk.

Comments (2)
  • Avatar
    Our firm has all the right posters in the staff rooms and give coffee vouchers out on RUOK day to promote people taking time out to get coffee and chat (although none of us seem to have a spare 15 minutes to actually leave and use the voucher!), but it is all just lip service. When real action is needed eg when staff are working to 3am including on weekends, partners are bullying junior staff and partners are causing severe issues with staff morale due to their infighting, and you bring this to the attention of HR and, where possible, a partner, and tell them you are concerned about a particular staff member's mental health or the mental health of the staff in the team, nothing is actually done.

    When people tell me they are studying law and want to practice, I tell them I hope they are really sure as it is a horrible environment and although there may be the rare exception, every firm is basically the same and will just bleed you dry until you cannot take it any more.
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  • Avatar
    While HR might champion supporting mental health in law firms, it fails because the people who are most likely to see it can't.

    The people who can recognise it are the people who work with you day in and day out. BUT its very often the case that its not up to your closest colleagues at your level to handle these issues. Its always the 'partners' responsibility - but very few partners 'people' manage, instead they 'practice' and 'client' manage. Partner's and senior staff go to special "partner only" sessions to be able to recognise signs of mental distress, domestic violence, or signs of bullying in staff, but what good is it when they cant recognise it because they spend close to no actual personal time with their staff?

    Partners need to be more in tune with their staff, and firms need to teach ALL staff how to identify and pick up on mental health issues. Things like RUOK are better because it shifts the awareness to all staff and makes everyone look out for lawyers in distress.
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