The mental health challenges associated with the legal profession have been ignored for many years. However, these challenges affect both quality of life for the lawyer and the quality of legal service received by clients. According to Olivia Vizachero, a lawyer and certified life coach, she stated that “Unfortunately, law school does not teach future lawyers thought and emotional management, despite how essential those skills are to practising law successfully and sustainably. Instead, many attorneys struggle with managing their minds, constantly worrying about “what if,” catastrophizing about the possible worst-case scenarios, doubting their skills and abilities, shoulding themselves, and obsessing over what their colleagues and clients think about them. When practicing that kind of thinking, they experience an array of negative emotions. Feeling anxious, overwhelmed, behind, confused, worried, inadequate, guilty, and ashamed starts to become second nature.”
In Nigeria, there is the believe that someone who is experiencing a mental health difficulty and/or poor levels of mental wellbeing is personally ‘weak’ or in some regard unsuitable for legal practice. As a matter of fact, some Nigerian law firms when putting out vacancies, express their preference for male candidates because of the unproven notion that men identify better with employment and its stresses, this is however baseless and should be refuted in order to foster a culture in which individual legal professionals (regardless of the gender) feel able to disclose mental wellbeing difficulties without being in any way penalized or stigmatized. Mental wellbeing at work is a complex issue, and to suggest that fault lies primarily with individuals misses the point that it is the whole system that needs to be checked. Taking a more systemic perspective on mental wellbeing will benefit everyone and not just those who may experience episodes of ill health or challenges at certain points in their working lives.
Furthermore, when it comes to fixing these challenges, law firms and organizations are ‘talking the talk’ but not yet ‘walking the walk’. There is therefore an urgent need to commit to tangible, sustainable and systemic change. This includes regulators, associations (such as; Nigerian Bar Association), and employers who need to investigate both the hard and soft approaches to achieving this change, including reforming their working cultures and health and safety regulations on these issues. This is an ongoing obligation that requires buy-in and commitment from leadership, who need to model the healthy behaviours and working practices they are promoting. As well as a commitment to change, a commitment to regular continuing assessment is also needed. This can be read in two ways. First, regular assessment of levels of mental wellbeing within a firm or organization is required. Second, an assessment of how the commitment to change is being implemented, and its impacts, is also necessary.
In most Nigerian organizations, there is a nonchalant culture toward the mental wellness of employees, and law firms are not an exemption. While the conversation around mental health has grown in recent years, it is clear that the major players in the legal sector still have a lot to do in this regard. A lot of law firms focus more on revenue, growth and online impression, overlooking the overreaching consequences of poor mental health on their employees. And the reason why this issue is so pervasive is because stress is intrinsic in the legal profession. There is always a need for perfectionism, from the unpredictable nature of client demands to the adversarial nature of the legal system which ignites the “must win” spirit.
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In 2019, the law firm Pillsbury Winthrop Shaw Pittman asked employees to share their wellness concerns in a confidential survey, lawyers reported stress as the top issue by far. Yet few people were taking advantage of mental health services provided by the firm’s employee assistance program. Why the disconnect? Pillsbury’s Chief Human Resources Officer Kathleen Pearson found that it often took days or weeks to schedule appointments with providers and, in some cases, the providers ultimately weren’t the right fit. To address the urgent concerns of its employees more quickly, the law firm recently partnered with an online health service that matches individuals with specialized therapists or coaches. Topics for help include stress, anxiety, depression, relationship issues, sleep disorders, and substance abuse. Appointments can take place in person or virtually. “Our goal was to find a solution that would meet our population where they were at the exact time they needed care the most,” Pearson said, early indications show the program hit the mark. Within three weeks, 10 percent of the global workforce signed up for the confidential service. One person emailed Pearson to say, “This literally saved my life.”
Also, according to a recent study conducted at the University of Toronto, not only are lawyers in Canada and the United States more likely to suffer from mental illness than the public at large but, paradoxically, lawyers with higher-paying and higher status jobs are more likely to self-report depression and poor health than lawyers with lower-status positions.
These consequences often manifest early in a legal career. The Member Assistance Program (MAP), which provides mental health services to Ontario legal professionals, sees demand highest from those in their 20s and 30s. As shown in the pie chart below, the successful up-and-comer is often the one struggling with many of these issues.
Conclusion
Mental health is no longer a by-note in the workplace policies, it is integral, not only to the present success of the firm but to its future existence. As the tides turn, in the work environment, what is becoming glaringly obvious is that employees are less willing to sacrifice their well-being for a paycheck and are actively on the lookout for these opportunities. Law firms who stubbornly cling to the dying standards may find themselves becoming history as well.
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