Read: We need to talk about mental health in the legal sector

New research has highlighted the levels of poor mental health in the legal sector, exacerbated by negative working practices and the impact of COVID-19.

A survey by the legal charity, LawCare, looked at mental health and wellbeing in the legal sector, with over 1700 legal professionals taking part in the first research of its kind in the country. Although more than two thirds of participants (69%) had experienced mental ill-health in the previous 12 months, the stigma attached and potential repercussions for their career meant that only 56% of those had discussed their problems at work. The most common experiences were anxiety, low mood and depression. Many were also getting much less sleep than the recommended number of hours.  

A high workload and long working hours combined with negative working practices undoubtedly contributes to high levels of burnout. Those aged between 26 and 35 are the worst affected but female legal professionals and those from ethnic minorities are also at greater risk. Almost half were concerned about their job security, while just over half were more worried about their finances during Covid-19 as well as increased pressures around work-life balance. Over a fifth said they had experienced bullying, harassment or discrimination in the workplace in the previous year.

Those surveyed pointed to regular catch ups and appraisals, mental health policies, mental health and wellbeing training and signposting to external support as the most helpful strategies in helping them cope. 

In its response to the report, the Law Society acknowledged that the pandemic and resulting new ways of working should be a catalyst for changing the way mental health and wellbeing is talked about in the profession. An essential part of that is ensuring that employees feel their work environment is welcoming and inclusive, regardless of background or personal history. Factors such as race, gender, sexuality, religion and class play a huge role in mental wellbeing in society generally and this is reflected in people’s professional lives. 

Over the last few months, I’ve been leading a project with the Purpose Coalition and 15 leading City law firms to develop a plan to boost social mobility, breaking down the barriers for those from less advantaged communities and widening opportunities within the legal sector. This has led to the launch of a Levelling Up Law Coalition which will deliver recommendations focusing on outreach, recruitment and progression. Through their commitment to the project, these firms have already recognised the importance of open discussion of the issues and the sharing of best practice. 

Some of this work has focused on the retention of staff and making the business as inclusive as possible, where employees feel comfortable talking about the challenges they are facing and where senior partners are available and ready to mentor and advise. Some of the 15 firms have introduced mentoring and buddy programmes. Simpson, Thacher and Bartlett, for example, gives every new employee a partner mentor as well as a peer mentor, with the aim of maintaining an open-door policy that encourages accessibility and approachability. 

Many firms have also recognised the importance of strong networking groups where employees can share their experiences and discuss any problems. Trowers & Hamlins runs the ‘Trower Connect’ programme which uses spot networking to connect people throughout the organisation - junior members of staff are able to learn from more experienced members of staff, senior staff can canvass the views of more junior staff on projects. This creates an atmosphere of open communication and facilitates interactions between junior colleagues and partners. It also provides an opportunity to develop longer lasting relationships.

This open, listening approach is key to including all employees in the conversation so that they feel part of the organisation and, as a result, are more likely to feel able to speak out if they encounter mental health issues.  It can reduce feelings of isolation and negative stigma.

It is unlikely that the 69% in the LawCare research who have experienced poor mental health will be fulfilling their true potential. That will be especially true of the 56% who didn’t feel able to discuss their problems with anyone at work. That not only impacts their individual efficiency and growth, it also limits that of their company. It will also often be those employees who have faced the biggest barriers in life, and who are less well connected, who will be affected the most. 

Working together, and sharing best practice, will help inform the measures that the legal profession must take to improve mental health and wellbeing in the sector. It is also the key to driving long-term cultural change in legal workplaces. 

Seema Kennedy OBE, Levelling Up Goals Co-Chair; former Minister for Public Health, Home Office Minister, and the Prime Minister's Parliamentary Private Secretary