Wellbeing ‘strengthens work's ethical foundations’

An IBA webinar entitled ‘Healthy Minds, Successful Futures: Wellbeing in Legal Education’ (28 April) has heard that lawyers who are supported to build strong foundations for their mental wellbeing are better equipped to serve their clients effectively.

Speaker Mary Duffy, of Law Society Psychological Services, said that a recent World Health Organization report had shown that mental-health-related productivity stress was costing the global economy $1 trillion a year.

Dealing properly with work stress was, therefore, a strategic priority, she told the audience of almost 100 from across the world.

Embed at formative stage

The Law Society’s approach was to embed mental wellbeing at the formative stage of a lawyer’s training and education, Mary Duffy (small picture) explained, through The Complete Lawyer course and by offering a complementary trainee counselling service.

The new IBA guidelines were transferable from legal education to professional practice, as they reflected psycho-social challenges that were common across both environments, offering a systemic approach, rather than focusing on individual coping, she said.

The chartered work and organisational psychologist explained that the Law Society’s approach was to partner with legal organisations, through its Well Within the Law initiative, which allows legal workplaces to co-design effective wellbeing strategies, as well as focusing on early professional socialisation of the concept of wellbeing.

“We are fortunate at the Law Society here to work across the legal life cycle,” she said, with work ranging across trainees, qualified solicitors, and, now, legal workplaces.

Catalyst

IBA wellbeing principles, if implemented correctly, had been seen first-hand to transfer well from law school to workplace, and were a catalyst for transforming legal culture, Mary Duffy said.

The ten principles and guidelines emphasise education, outreach, and policy implementation to improve wellbeing, through a patient, holistic approach.

“The guidelines are offering an environment that is both high-performing and psychologically sustainable,” she commented.

The guidelines highlighted the common dangers of perfectionism and the fear of making mistakes in a highly competitive environment, she added.

Over time, this could lead to chronic stress, burn-out, and disengagement, Duffy said, and only a systemic approach could make a lasting impact.

This means not placing responsibility solely on the individual to cope better with stress and demands, but rather on creating differing structures and conditions within the professional environment that will improve and enhance daily working life.

Wellbeing could mean flexible hours for some, or parental support for others.

Open conversations

Open conversations about mental health and wellbeing should also be normalised, she stated, as well as the creation of supportive environments for legal professionals.

Duffy noted that embedding wellbeing into business practice required commitment at leadership level, supported by structures such as a workplace steering committee.

She added, however, that legal leaders often had not received training in this area.

Ongoing evaluation of the effectiveness of these measures is also important.

Wellbeing policies were also crucial in attracting and retaining legal talent, Duffy said, and could transform legal culture if not viewed simply as a crisis response,

Recognising the impact of burnout and chronic stress on lawyer’s capacity to think clearly could also strengthen the ethical and reflective foundations upon which lawyers worked and reduce the risk of impaired judgment and professional misconduct, she added.

Wellbeing is, first and foremost, an effective tool for professional success, with the added benefit that a psychologically safe work environment increases productivity.

Speaker William Slease (State Bar of New Mexico) stressed the importance of having smooth transition from legal education into career path.

Some employers could see questions from potential employees about work-life balance as demands, he commented, and construe them as an unwillingness to work hard.

Cultural view of lawyer

He added that there was a disconnect with the deep-seated cultural view of what a lawyer was, at least in the US, and the rigours involved in the work.

“The practising bar … has to really make a commitment to thinking about this differently, messaging it differently, so that it doesn't come across as you don't want to work hard, and it truly comes across as what it's intended, which is: there's a healthy way to practise law,” he said.

This did involve boundaries and some work life balance, he said, and that would make the career transition smoother.

Grind

The grind of the workhorse lawyer doing an 80-hour-week meant that identity got swept away, he added.

Younger lawyers would frequently ask about the wellbeing culture in potential workplaces, session chair Tracy Kepler said.

Retired US judge Bob Childers said that the judiciary could set the tone for emphasising the importance of wellbeing, and the panel agreed on the need for a top-down approach.

A recording for the webinar will be available on the IBA webpage.

Law Society Psychological Services may be contacted at ps@lawsociety.ie