Mental health of lawyers: an unspoken crisis or opportunity for change?: Opinion

The legal profession, by its nature, is one that is known for its high stress, long hours, and intense competition. These factors often contribute to a higher prevalence of mental health issues among lawyers, compared to other professions.

A study conducted by the American Bar Association and Hazelden Betty Ford Foundation revealed some rather startling statistics: About 28 per cent of lawyers struggle with some level of depression, 19 per cent experience symptoms of anxiety, and 21 per cent qualify as problem drinkers.

Comparatively, there are more US lawyers struggling with problematic drinking (36 per cent) versus 15 per cent of medical physicians having this challenge.

Possibly of greater concern, the legal talent pipeline – law students – is not immune to mental health challenges, with 17 per cent experiencing depression, 14 per cent struggling with severe anxiety, and 6 per cent reporting serious suicidal thoughts, as reported in the Journal of Legal Education.

Exhaustion and burnout

Even if one were to focus on just work-related burnout as a mental health challenge, the legal landscape is not rosy.

Several studies have noted the high prevalence of burnout among lawyers. A study published in the Journal of Addiction Medicine found that lawyers experience higher levels of depression, anxiety and stress compared to other professions, which are often signs of burnout.

The impact of burnout can be severe, affecting both personal and professional life – leading to substance abuse, decreased productivity, and even thoughts of suicide.

The phenomenon is characterised by three main dimensions: emotional exhaustion, depersonalisation (or cynicism) and a sense of reduced personal accomplishment. Lawyers experiencing burnout may feel overwhelmed, lose interest in their work and feel less capable in their roles. This is a significant issue that has been garnering more attention in recent years.

Addressing burnout in the legal profession involves promoting work-life balance, stress management and mental health resources.

In this regard, enlightened legal firms foster a supportive environment that allows lawyers to seek help without stigma. This could involve offering flexible working arrangements; promoting physical activity and mindfulness practices; providing access to mental health resources; and encouraging regular breaks to prevent overworking.

Professional persona and stigma

Even as efforts are made by leaders of the legal sector to recognise the different mental health challenges, it takes two hands to clap: Lawyers, on their part, will need to be open in acknowledging the mental health struggles they face.

There are possibly several reasons why lawyers might be reluctant to acknowledge their mental health struggles. These can range from being in denial about the existence or severity of their challenge, to worrying about the potential impact on their careers, if their struggles are disclosed.

Some of this may be linked back to the “adversarial” system of advocacy in litigation, where a mental health challenge may be perceived as a “chink” in one’s “professional armour”, as lawyers are often perceived as being “hard as nails”, primed to be “legal warriors” for their clients’ cases.

Despite growing awareness, mental health issues are often stigmatised in many societies, including the legal profession. Consequently, lawyers may fear that admitting to mental health struggles might make them appear weak or incapable. At times, this is exacerbated by stereotyping terms like “snowflakes” and “strawberry generation”, which discourage individuals from putting their hands up to seek the help they need.

This concern cannot be underestimated, as a lawyer admitting to a mental health challenge may fear damaging their professional reputation, losing clients, or even their job.

Ironically, some the attributes of those who are successful in the legal profession can work against them in the mental health space: The profession often attracts and rewards perfectionists. This can foster a mindset where any sign of “weakness”, including mental health struggles, is seen as a personal failing, or worse, a “damaged” professional for whom there is no return path to a career that often celebrates “excellence”.

Likewise, in working long hours, some lawyers surveyed feel they simply do not have the time to seek help or attend therapy, even if they did come to a place of recognising that help is needed. There is the fear of judgment from their peers and superiors for having a mental health issue.

The struggles described above were starkly reflected in a recent lunch conversation I had with a senior partner of an international law firm. The individual shared that he would sooner share about a life-threatening cancer diagnosis than admit to a mental health issue – for all the reasons described above.

Safe space and tone from the top

To address these issues of fear in disclosing one’s mental health need, it is important for leaders to foster an environment within the legal profession that promotes mental health awareness, reduces stigma, and provides accessible resources and support for those struggling with mental health issues.

Creating a safe space for employees to discuss their mental health struggles involves fostering an inclusive, understanding and supportive work environment.

In promoting open dialogue that encourage conversations about mental health, the vulnerability of leaders in sharing about their own struggles powerfully demonstrates that it is fine to talk about these challenges. The fact that this is being demonstrated by a leader “gives permission” to individuals at all levels of the organisation to speak openly about these mental health matters.

I recently attended a meeting of lawyers where a senior leader spoke openly about his mental health challenge, which he had courageously shared with his senior partner. This was well received, and the individual was encouraged to take a 10-week break from work to address his burnout challenges before returning to work.

The fact that this did not have a negative impact on the individual’s career spoke volumes about the safe space, the culture of the firm and its leaders in “walking the talk” and setting the right “tone from the top” on mental health support.

The provision of a good mental health support starts from training managers and supervisors on how to recognise signs of mental health struggles and how to respond appropriately. They should be equipped to have supportive conversations with their team members and direct them to available resources.

Simple supportive policies like having mental health days, where individuals are able to take time off work, to flexible work hours are all concrete and clear examples of an organisation’s commitment to maintaining a work-life balance.

Mental health is a collective responsibility that involves everyone in the process of creating a safe and supportive work environment. By implementing these strategies, organisations can help create a workplace culture that supports mental health and encourages employees to seek help when they need it.

At the legal talent pipeline level, law schools should incorporate mental health education into their curriculum, to prepare students for the challenges they might face in the profession. A study by Yale Law School showed a decrease in mental health issues among students after implementing a wellness programme, indicating the effectiveness of such initiatives.

Community response

At the opening of the 2024 legal year, the recognition of mental health and the role it plays in the Singapore legal profession is highly encouraging.

The attorney-general highlighted the initiatives the Attorney-General’s Chambers (AGC) has launched to support its officers’ mental well-being. These range from requiring mandatory check-ins with an in-house psychologist for its prosecutors handling cases involving the death penalty, to having a team of AGC officers who have been trained as para-counsellors to act as the first line of support when prosecutors face traumatic incidents in the course of their work.

A one-stop portal offering resources such as support networks, wellness videos and relaxation techniques are all part of the AGC’s mental health support structure. Likewise, workshops are organised regularly to help supervisors better identify and address mental health issues within their legal teams.

The attorney-general’s focus on the need to support AGC prosecutors’ mental well-being, by de-stigmatising mental health issues and encouraging seeking help for such issues, is a significant step forward in acting against the usual smirch associated with mental health.

This focus on mental health was echoed by the president of the Law Society of Singapore, who highlighted the society’s commitment to safeguarding the mental and social well-being of its members, in particular, the younger ones.

These leadership overtures in setting the right tone from the top augur well for the legal profession in Singapore.

I am reminded of a lesson on taking ownership and responsibility that a secondary school teacher sought to teach by hanging a poster of the following words in the classroom. That lesson has stuck with me ever since.

This is a story about four people named Everybody, Somebody, Anybody, and Nobody. There was an important job to be done and Everybody was asked to do it. Everybody was sure Somebody would do it. Anybody could have done it, but Nobody did it. Somebody got angry about that, because it was Everybody’s job. Everybody thought Anybody could do it but Nobody realised that Everybody wouldn’t do it. It ended up that Everybody blamed Somebody when Nobody did what Anybody could have done.

The topic of the day is mental health, and we are the Anybody.

More importantly, we each have a role to play in this mental health space. And that, we must surely do.

The writer is the group general counsel and chief sustainability officer of Jardine Cycle & Carriage, a member of the Jardine Matheson Group. He is also the chief executive officer of mental health charity Jardine Mindset and serves on the boards of the Singapore International Chamber of Commerce, Cyber Youth Singapore and the Global Guiding Council of One Mind At Work.

Source: Business Times © SPH Media Limited. Permission required for reproduction.

ADV: Corporate Law 2nd edition - Book launch seminar Firm being sued for terminating tie-up claims former business partner gave ‘kickbacks’