WELLBEING WITHIN THE LEGAL PROFESSION

WELLBEING WITHIN THE LEGAL PROFESSION

One can choose to go back toward safety or forward toward growth. Growth must be chosen again and again; fear must be overcome again and again.

Readers of CitySolicitor magazine will know that wellbeing in our profession is a subject we take very seriously - indeed so much so that we devoted our last two issues to it. So it felt apposite that Barbara Mills KC, our guest speaker at the City of London Solicitors’ Company’s Annual Banquet, should deliver her keynote speech on this very subject. Barbara has expressed that the wellbeing of lawyers is one of her top priorities in her role as Chair of the Bar Council and what she had to say was thought provoking and hugely helpful.

“This is the year of the review in the justice system - the Gauke Review, the Leveson Review and the Spending Review.

There is another review which I believe is worth us considering and that is a review of how we look after ourselves to ensure we have a long and sustainable career.

Robin Sharma, someone who knows all about building a successful personal brand, once said: “the swiftest way to triple your success is to double your investment in personal development” and I couldn’t agree more.

For the most part, by the time a client needs a lawyer, it’s probably fair to say that things are not going well or as planned in their life.

We now know that professionals exposed to the trauma and distress experienced by clients can themselves suffer the same, vicariously. Add to that the intensity of the work, its relentless pressure and high expectations, the competitiveness in our professions, and the adversarial nature of our work… it is little wonder that all of this can lead to chronic and unmanageable fatigue, burnout and illness if left unchecked.

In our latest survey of barristers’ working lives, those who reported lower overall wellbeing were; women, barristers from an ethnic minority background, younger and more junior barristers, those in criminal and family practice, and those who had experienced or observed workplace bullying or harassment.

The Bar Council works closely with the charity LawCare and we provide a round-the-clock assistance programme through Health Assured for those in need of support.

I note and welcome your new Almoner’s initiative to provide a listening ear to members facing difficult times.

These support systems are vital and today, wellbeing is spoken about much more openly than when I first started out. But the emphasis, as demonstrated above, remains centred around crisis management.

What I would like to see in the legal professions is wellbeing being treated as a core skill which is incorporated into the fabric of practiceproactively - and not as a way to manage a crisis. A tool that is elevated to a pillar of practice – to the same non-negotiable level as having an accountant or having insurancewellbeing framed as a Continuing Professional Development. A kind of reflective supervision if you will.

The good news in terms of pushing this agenda item and it being well received is that solicitors are ahead of us – some solicitors are already starting to see the benefits of clinical supervision, something that was previously only found in the world of counselling and psychotherapy.

And the evidence emerging from my solicitor colleagues is that this work can not only improve wellbeing but provide a space for ethical reflection which then enhances ability to access and use their legal skills. Ultimately, such proactive supervision/coaching provides, supports and makes sustainable long term careers possible.

In 2024 as Vice Chair, I spoke about wellbeing wherever and whenever possible and it was clear to me that the need for greater emphasis of wellbeing was there. From exhausted practitioners who have a daily diet of Rape and Serious Sexual offences to young practitioners who are responsible for multi-million pound disputes in the commercial courts, there was recognition that there is a widespread need for continued and further support. I listened to practitioners, their Clerks and support staff across the profession and whilst the specific circumstances are different in different areas of practice, there are common themes of stress, overwork, isolation, all of which can lead to bad practice habits, chronic ill health and for some leaving the profession.

That scoping work last year also identified the following potential barriers to Reflective Supervision.

Language. Many barristers may shy at the use of supervision, particularly, anything that suggests a psychological supervision component - for example, which they may see as stigmatising.

Time. Many may see supervision as an indulgence.

Cost. Affordability will be a key factor for more junior barristers and those working in publicly funded areas, or not working full time. We are exploring the potential for tax relief.

Lawyers are not good at identifying case material as the source of their psychological ill health, therefore a model that focussed solely on ameliorating the impact of case material may not be taken up.

What are the steps we are taking in 2025?

First of all, I am campaigning to normalise and promote reflective supervision as part of healthy practice management/development.

Secondly, I intend to build on the fantastic work that the Bar has already done in relation to wellbeing over the last 10 years as evidenced by the Wellbeing at the Bar page on our website.

A working group chaired by Charlotte May KC will be running a series of pilots with our members to see what model of reflective practice would best suit them because I am aware that one size will not fit all. I would very much like the finished product(s) to be a tax-deductible expense. The latter is not straight forward and we are taking advice but can’t have too many views. So… if you are a tax specialist and have any ideas about how we might achieve this, please don’t be shy. I would be delighted to hear from you.

My goal is to facilitate better practice habits, to enable practitioners to spot problems before they take hold, to protect themselves from running into difficulties and to help others. There is no doubt that for most practitioners,

there is enormous value obtained from talking and sharing. It is important for people to hear the experience of others which resonates with their own experience. It removes the sense of isolation and facilitates collaborative discussion about coping techniques.

While I acknowledge that this is an ambitious project which will require a changed attitude in some quarters and will not happen overnight, I am determined to do it - we have to start somewhere to improve practice and change the working culture for the better.

I acknowledge that I am advocating for the sort of change which is tricky because it often walks hand in hand with that crippling of all fears –and with fear comes resistance.

But this is a time for lawyers to take a leap of faith and come with me to explore wellbeing because without facing the fear and striding forward we stop growing.

I will leave you with the encouraging words of Abraham Maslow who famously said:

“One can choose to go back toward safety or forward toward growth. Growth must be chosen again and again; fear must be overcome again and again.”

So, onwards with courage and determination to wellness and longevity.”

A lot to take in, digest and consider. But consider we must and not just stop there - we need to take positive action. Not just for our own individual wellbeing, but for that of the profession in its entirety. ■