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Finding new ways to boost wellness in law needed

When one speaks about wellness in the legal profession, one has to address one fundamental problem: we have a lack of it.

user iconJerome Doraisamy 26 September 2019 Big Law
Kate Carnell AO
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Delivering the inaugural Charles Xuereb Oration at the Law Society of NSW earlier this week, Australian Small Business and Family Enterprise Ombudsman Kate Carnell AO reflected on the “harrowing” statistics of ill health among law students and legal professionals.

The importance of support services

“Lawyers are under immense pressure to deliver, with financial pressures to meet expectations while constantly dealing with client’s problems, which lends itself to negativity. For many, life is work,” she mused.

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The late Mr Xuereb, Ms Carnell said, “always made an effort to help” in the more than a decade he spent as coordinator of the Lawyers Assistance Program in NSW.

“Charles’ colleagues admired the work he did with this program, saying he had a knack for helping lawyers solve their problems and deal with their personal issues. The most serious calls to the Lawyers Assistance Program would come in late on Friday evenings or during periods of extreme stress, such as the end of the financial year,” she said.

“It was clear that many lawyers did not know where to turn when they needed support. In the 10 years Charles was involved with the program, the program took more than one thousand calls. Think of the tangible difference this has made to the lives of these lawyers and their families.”

The role of workplaces

But in spite of the positive work being done by such providers, legal workplaces cannot shirk their duties in fostering mentally healthy workplaces, Ms Carnell espoused.

“Law firms need to commit to a long-term approach by having a mental health strategy in place that’s an inherent part of the vision, mission and values of the firm – not an add on,” she argued.

“It’s important to create a supportive workplace culture that can be effective in encouraging people to seek treatment early. Training staff to intervene and support colleagues who are struggling – to have a conversation – to listen without judgement or stigma is a vital component of a mentally healthy workplace.”

Leadership is also essential, she continued.

“Where the boss talks about personal experiences of mental health issues and models good lifestyle decisions, the team will follow the example,” she said.

“Of course, many law firms already understand the importance of mental health – and some are doing better than others at embracing measures to address these issues. The next generation of law firms have some very interesting ideas that challenge traditional legal practices and modernise conventional legal models, taking mental health into account as part of their approach to business.”

Embracing change in boosting wellness

Elsewhere, technology is proving to be a “key factor” fueling momentum on the wellness front, Mr Carnell mused.

“While the concern that robots are taking over tends to keep a lot of lawyers awake at night, there are real positives for the industry as well. Robots and technology are doing the more monotonous work, opening the door for lawyers to do more interesting and challenging work,” she noted.

“By embracing technology, lawyers have the time to be more creative in problem-solving and finding more efficient ways of doing business with their clients and for themselves.

“Technology also paves the way for more flexible working arrangements. New practice models allows lawyers to work online as part of a central hub, which means they can work from wherever they are in the world.”

In her own office, Ms Carnell said, she sees great benefits from technology.

“Staff having the ability to work remotely improves productivity. This works particularly well for our working mums and dads that have young children. Change is exciting, but change is also uncertain. Learning to adapt is the key challenge, not only for lawyers, but all professionals and businesses,” she concluded.

“The way we respond to change can impact on wellbeing. In fact, it’s those who see change as an opportunity for discovery, learning and new entrepreneurial endeavours are far more likely to succeed.”

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