The Burning Issue of Lawyer Burnout
Ben Thomson, LawFuel contributing editor
Mental health and lawyer burnout issues arising from stress, long hours and pressure have plagued the law profession for many years, but recent tragedies such as the death of Pinsent Masons partner Vanessa Ford have once against focused attention on the issue.
But what can be done and which big law firms are actually taking steps to address the issue?
An increasing number of law firms – both large and small – are addressing the increasingly publicized and common issue of lawyer burnout, from education to wellness programs.
Nearly 8 in 10 in-house lawyers report feeling stressed or burned out according to recent reports.
An American Bar Association study showed that 38% of lawyers work long hours, 32 percent said they feel pressure to not use vacation time, and one in four said they did not take adequate breaks throughout the day.
It is a confronting statistic, confirmed by report after report. The State of the legal market 2023 report from Thomson Reuters found similar trends in mental health.
A number of online resources are available when it comes to lawyer mental health and the various definitions and resources available to counter the problems, for both large firms and small.
Through workshops, training sessions, and informational resources, law firms strive to foster a culture of understanding and destigmatization around mental health challenges. By encouraging open dialogue and providing employees with the necessary tools to recognize and address mental health concerns, firms empower their workforce to prioritize self-care and seek assistance when needed.
Many law firms have instituted dedicated mental health support programs like confidential counseling services, employee assistance programs (EAPs), and access to mental health professionals.
Mental Health in Law a Global Issue
A number of issues relating to burnout among lawyers stand out with firms taking steps to deal with the problem and the issue is one being addressed across multiple jurisdictions.
Key steps taken by many firms include flexible work arrangements, stress-reduction programs, and the promotion of work-life balance, something of an ‘old chestnut’ device that is frequently acknowledged more in form than substance.
Collaboration with external organizations and mental health experts is another strategy employed by law firms to enhance their approach to mental health.
Legislative measures such as the ‘right to disconnect’ law, which has attracted attention in Australia, France, Italy, Belgium and elsewhere, offer potential solutions, adopted in countries where lawyers’ mental health (and workplace mental health generally) has been a key issue and addressing the cultural norms and expectations surrounding work hours remains essential for fostering a healthier and more sustainable work environment for lawyers worldwide.
In 2016 French workers won the legal ‘right to disconnect’ from emails outside business hours. The French policy came into force on 1st January 2017, and limits the encroachment of work during non-working hours by legally giving employees working for companies with 50 or more staff the right to turn off digital devices and technology.
Mental Health in Law a Global Issue
Australian High Court Justice Jayne Jagot recently criticized the overwork issue in Australian law firms, which also ignited further debate about stress and mental health in law in that country.
Recent industry surveys in Australia reveal that a significant portion of lawyers are logging excessive hours, with some working beyond 60 hours per week. The passing of the ‘right to disconnect’ law offers a potential safeguard against overwork, allowing employees to refuse to engage with work-related communications outside of designated hours.
Sarah Queenan, a Human Resources consultant in Australia says the ‘right to disconnect’ is a key step towards promoting work-life balance and reducing burnout.
However, concerns persist regarding the effectiveness of implementation, particularly in large law firms where overwork is deeply ingrained. Dean Kate Galloway highlights the cultural challenges surrounding presenteeism and the expectation of long hours, especially in high-pressure practice areas like dispute resolution.
The issue of overwork extends beyond Australia, with similar trends observed in other jurisdictions. In the UK and the US, lawyers frequently work extended hours, often exceeding 12-hour days.
Women & Lawyer Burnout
Globally, female lawyers tend to bear the brunt of overwork, with research indicating that they work longer hours than their male counterparts.
A sad, recent case was the issue of Vanessa Ford (pictured, right) the Pinsent Masons lawyer who died when being hit by a train and following a time of high stress and very long hours working on a major transaction.
The international legal community has acknowledged the prevalence of burnout, with studies indicating that two-thirds of legal professionals worldwide have experienced it at some point in their careers.
Many law firm leaders underscore the importance of reevaluating the association between long hours and productivity.
There is a need for firms to prioritize work-life balance and establish support systems to prevent burnout, advocating policies that promote flexibility in work schedules and encouraging open communication about workload expectations.
The ‘Buddy’ System for Lawyer Burnout
Some law firms are establishing peer support networks or buddy systems where employees can connect with colleagues who have undergone mental health training to provide informal support and guidance.
The system aims to mitigate the feelings of isolation and stress commonly experienced in high-pressure work environments, like law firms.
Apart from promoting a culture of mutual support it also provides an early warning for mental health issues, along with a confidential avenue to seek help for impending or actual burnout.
which major or even smaller law firms are taking innovative steps to handle the issue of stress and mental health problems with their lawyers, provide examples and firm names and any other details relating to what is happening with this
Big Law Firms Making a Lawyer Burnout Difference
Many major law firms are taking steps to create circuit breakers to lawyer burnout, adopting a range of policies and practices that deal with the issue.
Among the large firms, we reviewed the following –
- Clifford Chance: Clifford Chance has offered a range of resources, including mental health first aid training for employees and access to counseling services. The firm have introduced initiatives such as the “Time Out” program, which encourages lawyers to take regular breaks and prioritize self-care.
- DLA Piper: DLA Piper has established a dedicated mental health and well-being program known as “Mind Matters.” The initiative includes workshops, seminars, and online resources aimed at promoting mental wellness among lawyers. The firm also provides access to confidential counseling services and encourages open dialogue about mental health issues.
- Baker McKenzie: Baker McKenzie has implemented various innovative measures to support the mental health of its lawyers, including the “THRIVE” program, which offers resources and support for managing stress and building resilience. The firm also provides access to mindfulness and meditation sessions, as well as flexible work arrangements to promote work-life balance.
- Reed Smith: Reed Smith has adopted its “Life-XT” program, which focuses on holistic well-being and includes workshops on stress management, mindfulness, and emotional intelligence. The firm also offers access to coaching and counseling services to support lawyers in navigating mental health challenges.
- Orrick, Herrington & Sutcliffe: Orrick has introduced innovative initiatives to support the mental health of its lawyers, including the “Orrick Wellness” program. This program encompasses various resources such as fitness challenges, mindfulness workshops, and mental health awareness campaigns. The firm also encourages social connection and community engagement as part of its well-being efforts.
- Fenwick & West: Fenwick & West has prioritized mental health support through initiatives such as the “Wellness@Fenwick” program. This program offers resources such as yoga classes, meditation sessions, and confidential counseling services. The firm also promotes work-life balance through flexible work arrangements and encourages lawyers to prioritize self-care.
Small Law Firm Mental Health
The situation with lawyer stress occurs across the legal spectrum.
A recent article in Forbes from the principal of a small law firm, Thomas Dunlap, made some interesting observations about handling stress in smaller law firms and the incidence of stress in them.
My favorite piece of evidence comes from a survey using data aggregated and anonymized from tens of thousands of legal professionals contained in the 2021 Legal Trends report by Clio that shows the average small firm lawyer realizes less than two hours for every eight hours of work. Three-quarters of the average small firm lawyer’s time is spent in non-law tasks of running and managing a business (24.55 % of the hours lawyers spend in the office are actually paid for).
Source: Forbes, Thomas Dunlap
Final Words
Addressing mental health concerns in the legal profession remains a complex and difficult issue as firms continue to face high pressure to deliver services and bill clients.
Good resources on lawyer mental health exist and should be used for those under stress, but law firms need to deploy resources that ensure the mental health and burnout issues are properly and constantly monitored and adhered to.
The issue requires a comprehensive and proactive approach and while firms are taking significant steps to prioritize mental wellness, through education, support programs, and a supportive work environment, the need to ensure they are maintained, developed and – in most cases enhanced, continues to provide a major challenge for large and small law firms in multiple jurisdictions.
The post Lawyer Burnout: Which Law Firms Are Taking The Initiative? appeared first on .
