The cost of neglecting mental health

Professional services in the UK and around the world have undergone a seismic change to their working practices because of the pandemic. The legal profession, one of the last sectors in the UK to embrace flexibility pre covid-19, has undergone a transformation forced upon it by lockdown. Post-pandemic, however, there is a clear trend emerging that lawyers want to retain the freedoms and flexibility they have enjoyed over the past two years and that an emphasis on their mental health, family happiness and life outside of work is just as important as financial reward.

The sector has always been notorious for poor work life balance, high levels of stress and traditional systems and hierarchies, but it was always regarded as the quid pro quo for individual financial reward and status. However, we are starting to see a noticeable drain of top talent from major firms towards fee share and dispersed model firms that have different attitudes to working culture and eschew the traditional partner-associate hierarchy. These firms provide an independence-focused model where consultant lawyers handle clients, business development and their working hours without ‘big brother’ supervision.

While all firms in the UK were forced into a virtual or hybrid model by the pandemic, it is becoming evident that many are keen to return to old practices. Most of the major firms have offered some measures in terms of flexibility in a bid to placate disgruntled staff, but across the board it seems that the major players will eventually cajole their staff back to corporate offices for a majority of the time. If there is a policy around flexible working which starts to dictate days, hours, control measures and supervision, is this the level of change that both current and new generations are demanding?

Mental health

A survey carried out for the FT Innovative Lawyers Report found 90 per cent of lawyers would refuse to work for certain firms, regardless of the salary offered, due to concerns about the negative impact those working environments would have on their mental health and wellbeing. The survey reported 38 per cent of lawyers think their working hours are unreasonable and 30 per cent would accept reduced pay in exchange for reduced working hours.

Another study of lawyers in the UK and Ireland by LawCare found a worrying 69 per cent of respondents had experienced mental ill-health such as anxiety, low mood and depression in the 12 months before participating in the survey. The report noted long hours, heavy workloads, billing targets and poor work-life balance are undermining wellbeing and causing stress in the workplace.

We may have reached a point where lawyers’ needs have transcended what traditional law firm models can offer them, while hastily implemented ‘flexible’ working policies may only be a sticking plaster post-pandemic. Lawyers, and the next generation of talent, are seeking fundamental change to their working practices to reduce long hours, alleviate stress and allow more of a life outside work. Consultant lawyer and fee-share firms, no longer the new kids on the block after proof of sustainability of 15 years or more, increasingly represent an attractive destination for the talent from traditional firms, offering lawyers freedom from layers of management, targets and policies without compromise on financial reward.