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Big firms' mental health façade

A young lawyer at one of Australia’s top law firms details how he felt the profession let him down when he began struggling with depression.

user iconDigital 15 February 2013 SME Law
Big firms' mental health façade
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The top end of town is constantly awash with self-congratulatory marketing material published by big firms spruiking their latest program to support mental health or touting the many ways in which they encourage a "real work-life balance".

A few months ago, my firm distributed helpful tips printed on colourful postcards suggesting we ought to "Go for a swim in the ocean" or "Go home and cook a meal with your family". Apparently the irony of recommending such fun and whimsy to a group of employees who are effectively required to remain at the office upwards of 14 hours a day for months on end was lost on the hopeful folks in human resources.

The postcards were swiftly met with derision, as updated versions circulated: "Go for a swim [just don't expect your job to be here when you get back]", "Cook a meal with your family [at an all‑new dinnertime of 11.30pm]".

It's easy enough to brush off these initiatives as a misguided waste of trees - or even a bit of comic relief - but there's a point at which harmless marketing puff becomes a hazardous smokescreen.

That point came for me last year. After weeks of working a minimum of 14 hours a day, not eating a single meal outside of the office and having every social interaction truncated to "I'm sorry, I've got to go - I've got to get this document out urgently", I was left depressed, exhausted and battling suicidal thoughts.

I was genuinely on the brink.

No help

In a profession where asking for help is a sign of weakness and admitting you're struggling will be noted on your next performance review, I swallowed my pride, summoned up what little courage I had left and called the Lawyers Assistance Program hotline (established by the Law Society of NSW) - the support provider my firm had dutifully placed a brochure for in each of our inboxes.

The line rang out. Twice. And again the next day.

Grappling for support, I shot off an email to the Lawyers Assistance Program to say that I needed assistance, that I didn't know where to start and requesting for a counsellor to get in contact with me.

This wasn't some tangential cry for help - it was a very clear and direct email requesting it. I got no response to that email.

The experience left me feeling even more isolated and alienated than when I had started. It was like dragging yourself to the Emergency Department only to find the lights off and nobody home.

Given that the support mechanism had failed, I did the only thing I knew how to do: I bit down and ploughed on. The fact that I had called out for help and received nothing but deafening silence in return made me antipathetic towards seeking help again and galvanised my resolve to bottle things even tighter so nobody would need to know what was really going on.

Breaking point

Everyone has a breaking point; for me, that arrived at the start of this year when (having not received any support) I finally crumbled and found myself whisked off, by force of a medical order, to the Psychiatric Emergency Care Centre (PECC - a special unit within the Emergency Department), "scheduled", as the medicos call it, under the Mental Health Act 2007 and detained for my own safety.

Needless to say, this was a pretty distressing experience - we know as lawyers that the depravation of a person's liberty is a step to be taken only in the most serious of circumstances. Forcibly bundling me off to the PECC unit was an extreme medical response and one that was necessitated by a condition left to fester for far too long.

While I understand the reasons for taking such a drastic step, from the perspective of a patient, nothing changes the fact that it is a thoroughly undignified experience to have to call your housemate from a secure room in the psychiatric ward to explain everything you've locked away for years: you've been deteriorating over the last few months, you've had a breakdown, you can't leave hospital … oh, and could they please bring you some basic clothes and toothpaste?

That was a few weeks ago. Now, with proper referrals onto carefully selected health professionals, I'm taking my first tentative steps on the path to recovery. But even as I stand at the start, I can't help but wonder: "Why didn't I get here earlier?"

The pageantry and self‑satisfaction that the big firms wrap themselves in as they parade their mental health programs around town strikes me now, more than ever, as a cheap placebo that the legal profession happily swallows. A sugar pill to make the workplace health and safety pains go away.

When big firms trade on the good press garnered from announcing yet another mental health program, but then fail to put the systems they've promised in place, it's not just hypocritical, it's dangerous.

In my case, when I discovered the Lawyers Assistance Program to be seemingly no more than a glossy flyer aimed at protecting big firms from liability rather than supporting their employees, it delayed me from seeking appropriate help. And it allowed my condition to grow from a niggling pain into something much more sinister.

Jolly postcards with cute tips on work-life balance will continue to be nothing more than a joke until the big firms that print them genuinely enable a working environment that makes it possible to engage in some of those suggestions. And the cheap façade of mental health assistance programs will continue to place people at risk for as long as the calls of suicidal lawyers ring out.

We all accept a bit of advertising bluff, but if big firms are in anyway serious about the wellbeing of their employees or, perhaps more realistically, their liability when the next tragedy occurs, more has to be done to bring substance to puff pieces and postcards.

The author of this piece wishes to remain anonymous. He is a lawyer within the corporate group of one of Australia’s largest law firms.

In response to the author of this article’s claims that he had rung the Lawyers Assistance Program hotline twice and the phone rang out both times, and that the lawyer in question also emailed the program and got no response, the president of the Law Society of NSW, John Dobson, made the following statement to Lawyers Weekly:

We cannot talk about specific cases, however, I would like to assure you that the society does everything possible to support the mental health and wellbeing of its members and provides a number of services and programs for solicitors.

As well as the Lawyers’ Assistance Program, more recently we have added the Member Assistance Program, with access to free confidential counselling support 24 hours a day, 365 days a year. This service is provided by world leaders in corporate psychology services, Davidson Trahaire Corpsych (DTC).

As part of our MCLE seminar program, we have the hugely popular Lawyers’ Guide to Sanity, Wellbeing and Profitability. These free one-day seminars have so far given more than 3000 solicitors the skills to manage the daily challenges to their health and wellbeing.

For newly admitted lawyers, there is the NSW Young Lawyers Mentoring Program and the NSW Young Lawyers Mental Health and Wellbeing website. 

I would also like to add, given the sensitivity of this issue, that we are always open to suggestions on how to improve services in this space.

Comments (27)
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    Johnny Appleseed Tuesday, 27 May 2014
    <p>The critical issues are: greed, billable hours and oversupply of lawyers. I'd say 25% of the profession are alcoholics (more than 4 standard drinks day) and yet like everything with law, all hot air and wind and no data on core issues like supply, pay rates, hours worked, hours billed, alcohol drunk etc. The business model is broken. Client's hate us. We hate each other. That's the root issue.</p>
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    <p>The Victorian Bar has an excellent scheme for barristers suffering depression - the Bar's psychologist is kept very busy and does a superb job. The whole profession needs to examine itself. I worked in a large law firm before becoming a barrister and the work regime imposed would not be acceptable in most corporate environments. The Bar likes to talk about the "comradery of the Bar" - it is all hot air of course because we are either in heated competition or at war with each other.</p>
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    <p>I am so glad that I am not alone... As a first year lawyer working for a small commercial firm I can assure you that the problem is not limited to large firms. Minimal supervision, no idea what I am doing, a dismissive attitude by my supervisor, lack of support staff and being reminded day in and day out how lucky I was to have this job and how easy I was to replace, found me in a state of anxiety so bad that my colleague walked in on me curled up on the floor rocking myself for comfort. I got no support from my firm - I was told to toughen up and my principal berated me for allowing my 'depressive state' to affect my work. My requests to move to a different department where met with responses of 'no, remember that you are "stressed"'. After countless months crying, throwing up and contemplating suicide my doctor suggested stress leave, a referral to a psychiatrist and a prescription for both anti anxiety and anti depressants. I took the medication and the psychiatrist - taking stress leave would be career suicide.</p><p>Two months later I am better. Medicated up to the eyeballs so much so that now I don't feel anything at all. But I have realised that it's not me - it is the culture of the firm which posits itself as family friendly, work/life balanced focused yet chooses to ignore a staff member in crisis. Nothing will change until firms realise that action needs to be taken to look after their people and that a cry for help is a cry for help, not a sign of weakness to be exploited.</p>
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    <p>I've been working as a top-tier corporate lawyer for more than 10 years and I've struggled with depression and anxiety for much of that time.</p><p>Early in my career I tried counselling session with my then-firm's Employee Assistance Program. I was sent along to see a woman barely out of university, who seemed totally overwhelmed by having to advise an intelligent professional (beyond "have you tried exercising more?" and handing me some brochures).<br>I remember those cheery, vapid postcards and how they made me despair for firms ever really engaging with this issue. Instead of telling people how to enjoy their spare time (presumably to make the burden of actually doing this job easier) there needs to be genuine engagement by firms on this issue. They should truly appreciate and deal with how the emphasis on financial performance/"utilisation" and client service beyond all else - professional fulfilment, education, mentoring and collaboration - sets everyone up to have unreasonable expectations of themselves and others. <br>So many of us are perfectionists anyway - this model actively exploits that anxiety by making us suffer for our failure to achieve that unreachable perfection. If your figures are high you're killing yourself to do it. If they're not (i.e. you're actually having a life for a week or two) then you are virtually required to be anxious about that. More and more duties get piled on as firms rationalise and become more lean. Only the most confident and possibly delusional/narcissistic can get through this kind of career mentally unscathed. There is no real support offered, no real training of partners to handle mental health crises in their employees, and in my view, still a strong prevalence of the tendency to consider someone "soft" when they ask for help or admit they can't handle the pressure.<br>I take responsibility for my own mental health and treatment these days. But in my view, instead of supporting these half-arsed assistance services, firms should subsidise employees to see mental health specialists with lots of experience with high-functioning professionals. These people are facing serious problems. Not something that can be fixed by "going for a walk" or "planning something fun!". By nature most lawyers are the kind to try to solve their problems themselves, and it is only when they can't (and are spiralling out of control) that they might ask for help. To then get fobbed off by (or get no help at all from) someone who doesn't appreciate the gravity of the problems being faced will just make things worse.</p>
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    <p>I must admit I rarely would even do a 48 hour week, let alone squishing that into 4 days. People just need to stop succumbing to the whole top tier big firm attraction and look at firms that actually value their staff and provide a real work/life balance (yes it does exist).</p>
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    <p>Seemingly a good story, but it shouldn't have to have gone that far for the balance to be redressed. That is the key to all these stories. It is only in response to a total breakdown of the person's core that the normal opportunities for progress come about. They should have been their all along. </p>
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    <p>Thank you for sharing your story. As someone new to the legal profession, you have provided me with an important reality check. Best wishes for your recovery.</p>
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    <p>Great piece! Thank you so much for writing about your experience.</p><p>Then: Mr Dobson, isn't there something wrong with the profession if you have 3000 solicitors clamouring for a place in a seminar on sanity? Your organisation is treating the symptom, not the cause: law firms exploiting young lawyers with promises of partnership which, let's face it, are getting increasingly slim in today's focus on profits per equity partner.</p>
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    <p>Law is an extremly stressful business and one thing is for sure. Wherever you practice the support mechanisms offered by the business will never go close to helping deal with depression, anxiety and related problems. That means you have to look beyond it all. I did. I found the Black Dog Institute out at the University of NSW. They are brilliant. They identified my particular problem and helped me fix it. Totally professional, totally clued up with the latest research and totally confidential. Anyone suffering from depression or anxiety should go to their website, complete the online questions and have your condition assessed by them. You won't be disappointed. You will be if you hang around waiting for your employer to give any meaningful help</p>
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    <p>Why not be creative and try working split shift work? Before entering law I did shift work (12 hour days 3 days on 3 days off) for 4 .5 years and studied my law degree part time on my time off. If I have to bill 7 hours a day over a 5 day week why not work 4X12 hour days and bill 8-9 hours each day- then have Friday, Saturday and Sunday off (or a half day on Friday).</p><p>If you're expected to Bill 7 hrs each day and work standard office hours, you'll be stressed. If you're expected to Bill 35 hrs a week and work 4X12 hour shifts (48 hours a week) you might find it a lot easier.</p><p>7 billable hours a day/8 hour day at the office =stress<br>7 billable hours a day/12 hours at the office - less pressure, different kind of stress.</p><p>Personally I could happily work 12 hours a day for 4 days straight as long as I had a 3 day break. (or 2.5 day break).</p><p>So 4x12 hours (monday, tuesday,wednesday, thursday), 5 hours on Friday (start at 7, home by midday) ...that's an almost 60 hour week but with 2.5 days off. If it was three days off (as a former shift worker) that's fine by me.</p><p>It's the people who work 7 days straight (I know one of them is working now on Sunday as I write this letter) who don't take care of themselves who may contribute to stress.</p><p>Imagine 4 days on 3 days off...time for squash, swimming etc AND a job that involves long hours. Even 2.5 days off would be fine.</p><p>Maybe a touch unrealistic but I actually did work the hours and finish off a law degree at the same time. Long hours can be managed if you have social support, physical exercise and good diet. Need to play it smart. Oh yes, you also have to be interested in the practice area and enjoy your work. Plus there has to be something outside of law.</p><p>You can't work the hours in something you don't enjoy or have no passion for.</p><p>So find something you actually like first (probably the most important thing), then make sure you have time to switch off mentally and physically completely (squash, table tennis, ice bath etc), and try a creative approach to managing the hours and the stress. Working 5 days straight, 12 hours each day...well...why not plan ahead....a week off work every 3 months from annual leave(if possible)....study leave (5 hours a week if I'm right)....etc....so come up with a plan that is reasonable and stick to the plan...pick up hobbies...socialize...</p><p>As for my friend who is sitting in his office on Sunday morning working...this guy is going to burn out again...it's his personality type...and law is just the excuse for him to push himself into overload again (he then complains that he is in poor health). So draw a line, make a plan, have hobbies, and enjoy the practice area.</p><p>Imagine your bosses face if you say "I want to work 12 hours day!" (or lets be macho- even more). Who would be happy working 50-60 hours in 4 days IF they had a guaranteed 3 days off every week? I did that for 4 years and studied on top of that. Not healthy in the long run (particularly if you are studying)... but the thought of having 3 days off every week is still quite enticing.</p><p>If you're working 60-70 hours a week over 5 days...well then as John Belushi says in the Blues Brothers..."well Sister, you're up XXXX creek". Put a plan in place and manage your mental health proactively before it becomes a problem. And create a set of rules - ever seen Carlito's Way with Al Pacino? Call it 'stressed out lawyers rules" Eg</p><p>1. I will work the hours but leave after 2 years.<br>2. I will not work weekends.<br>3. I will play squash/table tennis every week at the club.<br>4. I refuse to work Friday nights.<br>5. I will go to Yoga (I knew a senior lawyer who did this weekly and it was the only way he could cope);<br>6. I will have a hobby completely unrelated to law- painting, building miniture train stations, mowing lawns.</p><p>You have to rest your brain just like any other muscle. Because your brain is a muscle.</p><p>7. I will have my personality type assessed. I will see what I need to do to manage my personality type. I will study relaxation techniques.<br>8. I will get counselling every 2-4 weeks for a few hours a month. If necessary I will even pay for it myself.<br>9. I will *try* to be in the right practice area (admittedly not easy);<br>10. I will make sure I drink a sufficient amount of water.</p><p>Imagine:</p><p>a) 5 hours of Yogya a week<br>b) 5 hours of Counselling a month;<br>c) A hobby<br>d) Rules; and<br>e) a plan.</p><p>Now compare a,b,c,d, and e...to a lawyer who does no yoga, receives no counselling, has no hobby, has no rules and has no plan. Who do you think is at greater risk of burn out?</p>
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