College of Law Performance and Wellbeing Study 2023

COLLEGE OF LAW PERFORMANCE AND WELLBEING STUDY

OBJECTIVE AND METHODOLOGY

Objective

The legal performance and wellbeing report is an annual study conducted by the College of Law in conjunction with Perceptive and is purposed around gaining insight into the issues, concerns and realities of what it means to work as a lawyer and associated professions in New Zealand.

The 2023 study continues to focus on understanding how key measures of workplace health and wellbeing have trended over the last 12 months. New sections have been added around taking time off.

Methodology

In August 2023, Perceptive conducted an online survey which was targeted at lawyers currently practicing in the profession. Fieldwork closed in December 2023.

Similar to previous years, responses were primarily captured through the internal promotion of individual firms, practices and other organisations.

To achieve an accurate representation of the practicing lawyers in the New Zealand profession, responses are weighted by gender breakdowns as per the NZ Law Society’s “Snapshot of the profession 2023” report (55% female; 45% male).

SUMMARY 2023

The results of the 2023 study show promising results of how steps taken by workplaces is beginning to trickle down and positively impact lawyers. Despite these promising results there are still aspects in the workplace that still need to be addressed. For example, a greater focus on mental health and wellbeing. More organisations should consider providing lawyers with mental health days and employing more staff to even out the workload. This would increase productivity and reduce the amount of burn out experienced.

Employee advocacy has remained like 2022

• Comments provided by promotors suggested their workplace was both supportive and friendly culture, had quality of work and good work life balance.

Lawyers indicated they are happy with their current working structure.

• Although majority of lawyers are happy with their current working structure many still ideally want a mix of office days and work from home days.

Majority of lawyers who have taken leave in the past six months have worked whilst on leave or seen their colleagues working when they are supposed to be on leave.

• A large majority of workplaces don’t offer mental wellbeing leave.

• Levels of burn out in the past month has increased since 2022, from 42% to 49%.

• It is evident that more needs to be done within this space to reduce burn out. This includes workplaces offering mental health leave, increasing the resources/team sizes and having more effective team structures.

• Currently over 50% of lawyers feel the way their billable targets are managed has a negative impact on their wellbeing. Employees also feel pressured to work overtime.

Bullying and harassment levels have remained similar to last year.

• Lawyers increasingly believe more can be done to address these issues. Furthermore, we have seen less agreement from lawyers that tangible changes in the workplace have occurred to increase confidence, and less agreement for the introduction of policies, procedures and systems so lawyers feel comfortable to speak up about their concerns.

We are beginning to see the positive impact organisations have had in minimising bias in the workplace

• Over the past four years we have seen a steady decline in the number of lawyers who have experienced bias. In 2019 this was at 38% and has decreased to 31% in 2023.

WHO WE SPOKE TO DEMOGRAPHICS

Gender and age proportions remain similar to previous years.

In terms of region, we see a higher proportion of Aucklanders and those living in Wellington compared to 2022 and a decrease in smaller regions such as Tasman/Nelson/Marlborough.

Waikato Otago

Tasman/ Nelson/ Marlborough

Bay of Plenty

Northland

2023 2022 2021 2020

*Change in question wording – the brackets were added e.g., Less than 5 partners. **New option 2022. #Removed option in 2023

Region

WHO WE SPOKE TO FIRMOGRAPHICS

When it comes to the workplace we see a higher proportion of larger law firms (also reflected in number of employees).

.

*Change in question wording – the brackets were added e.g., Less than 5 partners. **New option 2022. #Removed option in 2022

*Small law firm [Less than 5 partners]

*Medium law firm [5-24 partners]

Government agency / ministry / local government

EMPLOYEE ADVOCACY

On a scale of 0-10, how likely are you to recommend your place of employment to someone else in the same position as you?

• The industry eNPS score has increased since 2022. This is driven by an increase in promotors.

• Fortunately, the percentage of lawyers willing to stay at their place of employment (retention) has remained the same since 2022. With 67% of lawyers willing to continue working at their current workplace for the next two years.

Base: All (336)

And how likely are you to continue to work at your place of employment for the next 2 years?

PROMOTER FEEDBACK

• Support and culture remains to be the most common reason for promoting their workplace to others. However, there is a significant decrease from 2022.

• Many of the promotor comments listed more than one factor for their reason for promoting. Showing that workplaces need to display more than one quality factor.

Why did you score that way? (Open end question, coded)

Supportive and friendly culture Promoters

Quality of work - interesting, fulfilling and varied

Flexible environment / Good work-life balance

Generally like working there

Good opportunity for advancement and development

Other Social Management / Mentoring / Leadership Remuneration

2023 2022 2021 2020

“Variety of work, good work/life balance, meaningful work, feeling valued as part of the greater team, good culture, opportunities for growth, and supportive workplace.”

“Focus on support and mental health. Social team, variety of work and lots of opportunity to learn and progress.”

“Culture, work-life balance and quality of work.”

“A good place to work. Supportive, understanding and always providing upskilling training.”

DETRACTOR FEEDBACK

• The detractors main reason is the negative, unsupportive toxic culture, with just under half of detractors stating this as their reason.

• This is followed by lack of management, mentoring and long hours and big workloads. Here it is clear similar to the promotors that it is often more than one factor influencing their opinions.

Why did you score that way? (Open end question, coded)

Limited opportunities to progress Remuneration

Unfulfilling work / Lack of variation in work

Poor work-life balance

Generally dislike working there

Lack of diversity in staff and management

“No focus on staff wellbeing, focus always remains on billables. Compensation is not high enough for the level of work being done. Work/life balance is sacrificed.”

“Limited career development opportunities and the culture isn’t as happy as it used to be.”

“There is a strong hierarchy at the firm. Many solicitors in the office are either overworked or given next to no work.”

“Chronic bullying issues, financial mismanagement.”

WHAT’S DRIVING ADVOCACY?

Q

• Agreement across the board of statements remains like 2022. However, some statements saw stronger agreement, while others were weaker in agreement.

• Stronger agreement statements included being challenged by their work, having access to resources/information to do their job well and sharing opinions at work.

• Weaker agreement statements included opportunities to learn and grow at work, feeling motivated in their role and having a healthy work/life balance.

To what extent do you agree with the following statements with regards to your place of employment?*

I am challenged by the work I do here

I have access to resources / information I need to do my job well

I know what need to do to be successful in my role

*My natural talents and knowledge are aligned to my current role

trust my colleagues and the people on my team

I have opportunities to learn and grow at work

*I feel am working in a purposeful/meaningful occupation

I feel comfortable sharing my opinions at work

am motivated to help the company I work for achieve its goals

This is a good place for me to develop my career

I have access to training and development tools that help me excel in my role

receive recognition when I do good work

I feel motivated by my role

feel the company’s values are demonstrated on a regular basis have the time available that I need to complete training and development necessary to my role

The systems and processes at my job support me getting my work done effectively

I feel I have a healthy work/life balance

The level of work-related stress experience in my job is acceptable

I believe that I am remunerated fairly based on the work I do

*%’s reflect those who either agree or strongly agree.

WHAT CAN WORKPLACES DO?

Following on from last year the same themes continue to remain the same for how employers can retain staff.

Better pay remains a front runner for retaining staff. In particular younger lawyers (45% of those aged 18-34 years old).

What (if anything) could your current workplace do to make you more likely to stay in your organisation for the next 2 years?

Better pay

Progression / Development / Training

Better culture

Flexible working / Enable better work-life balance

Reduce workloads / Reduce required work hours

More resource/support

Greater variety of work

More feedback/recognition

Better management

*Improve business overall / improved systems

Well-being initiatives

More mentoring

Other Nothing

“Have an appropriate pay bracket for the different roles and pqe holders in accordance with the salary guide. Promote continuous learning and growth. Have a better mentorship system. Offer more opportunities for upskilling.”

2023 2022 2021

Importance

HOW EMPLOYERS PERFORM

Like last year employers in the industry continue to perform well in the top right quadrant. These remain to be a good work/life balance and good organisation culture.

Salary remains an important focus for the industry and career progression opportunities. These two factors have for two years claimed importance to employees, but their employer isn’t performing well in.

High Priority

(High Importance / Low Performance)

The salary offered

The career progression opportunities

Being offered mental health days / resilience training

Being offered free/discounted health insurance

Having access to free/subsidised gym facilities

Maintenance

(Low Importance / Low Performance)

Maintenance

(High Importance / High Performance)

Having a good work-life balance

The number of hours worked per week

Having a good organisational culture

Having work from home options

The organisation’s reputation

Being offered great learning/professional development opportunities

Being part of a diverse workforce

The organisation is operating in a way that is environmentally sustainable

Having pro-bono opportunities

Having regular company events

Performance

My interest in industry/sector

Readily available CPD learning and development time and

Low Priority

(Low Importance / High Performance)

Q.Imagine you are considering changing employers, which of the following factors would be the most important in choosing who to work for? (Please select up to 5 attributes)

Q.And thinking about your current employer, please state whether you think they do the following: .

Are you happy with your organisations current working structure?

HAPPINESS AT WORK

8 in 10 lawyers are happy with their current working structure.

Of those who are currently not happy in their place of work suggest this may be because their workload is not balanced, there is a lack of leadership and not enough staff.

THE IDEAL STRUCTURE

Thinking about how you like to work, what would be your ideal structure?

Which of the following best represents the policy your place of work has regarding working style/structure?

The most ideal flexible working structure is if lawyers can choose which days they work in the office and at home. While 68% stated this is their preferred, 44% said this was their reality (a gap of 24pp).

Interestingly we are beginning to see the reality of more lawyers working at the office full time (up 7pp).

Have mandated days that I am in the office every week but can otherwise work from home

GOING ON LEAVE

How much do you agree with the following statement surrounding wellbeing leave? My organisation has a great approach when it comes to wellbeing leave

Just under 4 in 10 lawyers disagree that their organisation has a great approach when it comes to wellbeing leave.

A large proportion of lawyers are sitting on the fence (38%) of neither agreeing nor disagreeing.

Majority of lawyers said yes for continuing to work whilst on leave for all three statements. Indicating that the reality of taking time off is a false narrative for most lawyers as they end up working themselves.

Contacted by colleagues or managers while on leave

TAKING LEAVE

Does your organisation offer specific mental wellbeing leave (in addition to sick leave)?

Have you ever taken time off work for your mental wellbeing?

Approximately 7 in 10 lawyers stated their workplace does not offer specific mental wellbeing leave (in addition to sick leave).

Just under 4 in 10 lawyers have taken time off work for their mental wellbeing.

WORKPLACE APPROACH TO MENTAL WELLBEING LEAVE.

A large proportion of lawyers explained their mental wellbeing day off as sick leave or annual leave.

Fortunately, this was followed by the lawyers workplace being both supportive and understanding for taking a mental wellbeing day.

(If yes). If comfortable sharing, please explain your workplaces approach and experience with this approach when you took time off for your mental wellbeing (open-ended).

I explained it as sick leave / used sick leave / annual leave

They were supportive / very understanding

Didn't feel comfortable explaining the reason

Work place has a lack of understanding of mental health

We have a Mental health leave system

I am self employed

I was not supported with mental health leave

Other

Rather not say N/A

STRESS AND BURNOUT

05

HOW ARE LEVELS OF STRESS AND BURNOUT CHANGING?

Unlike last year, we see an increase around the recency of stress and burnout. Feeling burnt out within the past month has increased (up 7pp).

• Feeling burnt out within the past month is more prevalent among smaller law firms.

Q

Have you ever felt like you have been burnt out at work?

Yes – outside the past week and within the past month

Yes – outside the past month but within the last year

Yes – outside the past year

No I’ve never felt burnt out

Yes – within the past week 2023

CAN WORKPLACES DO MORE TO HELP RELIEVE STRESS / BURNOUT?

Surprisingly, we seen an increase of "yes" towards employers doing more to try reduce workplace stress, than previous year's responses. Although this is nonsignificant, this has increased by 5pp since 2022 and 9pp in 2021. This should continue being a key area of focus for employers.

• Younger lawyers (18-34 years) are significantly more likely to agree their workplace could do more to reduce stress (77%).

Do you think your workplace could do more to reduce stress?

WHAT CAN WORKPLACES DO?

Q

Three new statements were included in 2023 around team size, structure and better equipped managers. These new statements had high want for improvement. It is therefore clear that lawyers want larger teams to manage the workflow, as well as having effective team structures.

Again, like previous years offering mental health days remains a key initiative wanted by lawyers. However, this continues to decline since 2021.

Indicating that workplaces are continuing making this a priority and should continue making progressive grounds in this space.

Which of the following do you think your place of work could do to improve work related stress? (select all that apply)

Offer employees mental health days

Increased resource/team size to align to workload

More effective team structure to adapt to surge workload situations

Have better policies around incentivisation for overtime work

Increase the level of training for senior staff around how to be effective managers

Managers who are better equipped to support lawyers with work-related stress

Give employees the “right to disconnect”

Hold senior staff more accountable for the way they treat their staff

Have better support systems

Have more training for all staff (i e resilience training)

Have more fixed fee/retainer work and less billable work

Other

Key themes:

• Hire more staff

• Delegation

• More/better perks

2023 2022 2021 2020 2019

BILLABLE TARGETS

Within your role do you have billable targets that you are expected to achieve on a weekly or monthly basis?

Over six in ten lawyers suggest they are expected to achieve individual billable targets. However, this isn't a significant change compared to 2022.

• Again, we see a similar trend as last year with larger sized firms significantly more likely to have individual targets (85%).

• Staff solicitor/Solicitor are significantly more likely to have individual targets (79%).

Represents a significant increase/decrease based on a 95% CI compared to 2022

How realistic do you feel these targets are?

EFFECTS OF BILLABLE TARGETS

Just over 3 in 10 lawyers who have billable targets feel these are unrealistic. This figure has increased 10pp since 2022.

Similarly, the proportion of lawyers who feel the billable targets negatively impact their wellbeing has increased by 11pp since 2022. This should be a key area of interest for employers.

33%

Thinking about the billable targets set at your work and the way in which they are managed, what impact do they have on your wellbeing?

PRESSURES OF WORKING OVERTIME

We see an upward trend of lawyers who are feeling pressured to work overtime to be seen as "putting in the hours" (up 5pp). There has been a shift in more lawyers scoring 4 and 5, we should continue working in this area to move the scale closer to "feeling comfortable that I only have to work the hours I need to get the job done".

Please indicate on the scale which statement best describes you.

The closer to a statement you are, the more you feel it describes you. (1= In my organisation I feel comfortable that I only have to work the hours I need to in order to get my work done; 5= In my organisation I feel pressured to work overtime to be seen as ‘putting in the hours’.

In my organisation I feel comfortable that I only have to work the hours I need to in order to get my work done

my organisation I feel pressured to work overtime to be seen as ‘putting in the hours’

EMOTIONAL STATE

Significantly more lawyers report feeling they are occasionally under emotional and/or mental pressure at work. This indicates they appear to be in a worse emotional state than in 2022.

The number of lawyers feeling a great deal + moderate amount of emotional and/or mental pressure has made impressive changes since 2021, improvement in this area should continue to reduce this further. Represents a significant

FOCUS ON BARRISTERS

STRESS AND BURNOUT

While the base size of barristers remains low and should be treated with caution. Majority of barristers continue to show strong agreement that the legal industry could do more to reduce stress and burn out, with an upward trend occurring slowly over the past 3 years.

Unlike 2022 there is more agreement that working as a barrister can be isolating, contributing to stress and burn out (up 2pp).

As a barrister, to what extent do you agree (or disagree) with the following statements?

Isolation of working as a barrister adds to the stress and burnout that I experience in my role

Legal industry could do more to reduce the levels of stress and burnout experienced by barristers Represents

HOW CAN THE INDUSTRY HELP?

Better support/ more help

“ Better mentoring of barristers in rural areas who have no chambers to join, unless you know someone more senior and experienced than you and also are confident enough to say you don't know how to do something there is no one to help you with difficult matters.”

“The law Society must make free/subsidized care more available an d easy to access anonymously Not just claim they do.”

“More guidance for junior lawyers, better union representation.”

What do you think the industry could do to help reduce the stress/burnout levels of barristers? Q

Realistic work hours / reduced work days

“Realistic time frames from the court in relation to filing documents. Clients can be nonresponsive.”

“Work 4 days a week.”

Better mentoring

“Provide others to turn to for advice and mentoring.”

THE LEVEL OF BULLYING AND HARASSMENT THAT EXISTS

Besides yourself, do you know anyone who has been bullied within your workplace in the past 12 months?

Then level of bullying witnessed in the workplace continues to have a downward trend (down by 1pp).

There is a 1pp difference in reported sexual harassment increasing from 5% in 2022 to 6% in 2023.

Besides yourself, do you know anyone who has been sexually harassed within your workplace in the past 12 months?

WHO STILL NEEDS TO DO MORE TO ADAPT?

Q

We can see an upward trend since 2022 of lawyers thinking their workplace needs to adapt to address the issues around sexual assault allegations and bullying (up 4pp).

Do you think your place of work needs to adapt to address some of the potential issues that have been raised around sexual assault allegations and bullying in the legal industry?

Q

HOW WORK ENVIRONMENTS ARE CHANGING

Despite the increase last year, in 2023 we see a downtrend of lawyers saying they have seen tangible changes that increase their confidence in the system responding to concerns (down by 5pp).

• Lawyers in large law firms are significantly more likely to see tangible change (58%).

We see a downtrend in 2023 for the introduction of new policies, procedures or systems that make it easier for people to speak up about concerns (down by 7pp).

Q

I have seen tangible changes in my place of work/area of law that increase my confidence that the system would respond appropriately to allegations of sexual harassment and Bullying

Represents a significant increase/decrease

My place of work/area of law has introduced new policies, procedures or systems that make it easier for people to speak up when they have concerns

UNCONSCIOUS BIAS IN THE WORKPLACE

In the past 12 months have you experienced any level of bias against you in the workplace? (including place of employment, colleagues, Courts/Tribunals)?

Levels of bias in the workplace has remained similar to 2021 (up by 1pp in 2023).

It is clear from the downtrend of lawyers experiencing bias in the workplace that the policies and procedures set up currently in workplaces from 2019 is starting to show its effect.

What type of bias have you encountered over this time?

Key themes:

• Disability

• Household Structure

• Industry Bias

DIVERSITY IN THE WORKPLACE

Please state your level of agreement to the following statements

We are continuing to see improvement of lawyers agreeing their workplace values diversity. However, we see a decrease in agreement of lawyers considering their workplace to be diverse (down 6pp).

Additionally, we see a decrease in agreement of lawyers who view their workplace as giving equal opportunity to succeed regardless of age, gender, ethnicity etc (down 8pp).

My place of work values diversity

I consider my place of work to be diverse

In my place of work everyone has equal opportunity to succeed regardless of age, gender, ethnicity etc 2023 2022

SUPPORT NETWORKS

DOES THE INDUSTRY HAVE ADEQUATE SUPPORT SERVICES?

Level of disagreement trend remains similar YoY.

Although we do see an increase in strong disagreement (up 4pp) towards the industry having adequate support services/support systems. We also we see an increase of lawyers neither agreeing nor disagreeing (up 4pp).

Although we are beginning to see a steady trend it is important we act on what can be done to help support lawyers to try and push the trend towards lawyers agreeing/strongly agreeing with the above statement.

Please state your level of agreement to the following statement. The legal industry has adequate support services/systems that are both available and accessible to lawyers in the industry when they are struggling?

WHO LAWYERS TURN TO

Where do you go to for professional support / advice currently? (select all that apply)

Friends/family outside my office Colleagues

Over the past four years seeking support and advice from friends and family outside of the workplace remains the first option for lawyers. Followed by confiding in current colleagues and previous colleagues.

We are beginning to see more lawyers seeking out management and HR for support and advice over the past two years.

Psychologists/other health services provider

New Zealand Law Society –including National Friends Panel Professional Associations

Auckland District Law society –including Panel of Friends Other

None of the above

CHANGING THE INDUSTRY

12

BLUE SKY THINKING

Q

Areas of change within the workplace reflect well with what the previous slides have shown is needed for improvement. Such as improvements in leadership, a focus on mental health, and having a better work-life balance.

Surprisingly, the new theme that appeared in 2022, has shown less emphasis for change in 2023. Represents

If you could pick one thing which you believe has the power to change the culture of the legal profession, what would it be? (Open end question, coded)

Change of generations/ Improvements to leadership

Mental health focus/ Focus on workplace stress

Flexible working/ Work-life balance

More diversity/ Equal opportunity

Removing/adapting billable hour structure / Firms being less profit focussed Better pay

Removing competitive/ Bias/ Bullying culture

*Better graduate/junior schemes and support More empathy/ Compassion/ Kindness/ Support Awareness/ Education

CAREER PATHS

In 2023 we remain to see a decline in the number of lawyers planning on staying in their current role for more than two years.

• 41% of younger lawyers are planning on staying in their role for more than 2 years.

Majority of lawyers are planning on staying in the legal industry and has increased by 1pp from 2022.