Stress: New SRA guidance
Lawyers’ approach to wellbeing should form part of their performance assessments, while firms should have “open and honest discussions” with clients about mental health, according to new guidelines published by the Mindful Business Charter (MBC).
It also called on leaders of law firms and in-house legal departments to “actively demonstrate care for their own mental health and wellbeing”,
The MBC was launched by a host of leading law firms and banks in 2018 and now has 130 signatories, of which 80 are law firms, barristers’ chambers and in-house legal department.
The guidelines, Addressing the mental health challenges in legal practice, were produced by a working group formed after “a summit of senior leaders of the legal profession” in June this year, which met to discuss measures that could be taken to tackle the “challenges and risks to health often associated with law firm culture”.
The main focus of the guidelines is on “persistent long-term stress”, “persistent and unpredictable long hours of work without adequate breaks and rest”, lack of sleep and “disconnection from loved ones and other emotional supports”.
On culture, senior leaders were encouraged to “role model, and actively demonstrate, care for their own mental health and wellbeing”.
They should “identify and support a senior level sponsor who will champion mental health and wellbeing within the organisation and actively support and ensure the effectiveness of the actions set out in this guidance”.
Performance assessment, promotion and rewards systems should be introduced that take “meaningful account of the behaviours of individuals as well as their financial and other outputs, and in particular the extent to which those behaviours are supportive of the wellbeing of their team members and colleagues and contribute to sustainable high performance”.
On reporting, they should introduce systems to report to an appropriate senior level board on a regular basis on the extent of mental health-related illness and absence within the organisation.
Each law firm or organisation should have specific individuals, at a ratio of “at least 1:20”, with a broad range of roles and levels of seniority, “that people can talk to, without judgement, in order to enable them to access the mental health support you can offer”.
A buddy system should be established for people at all levels, including senior leaders, so that everyone has a nominated person to check in with on a regular basis.
On risk assessment, organisations should implement measures “to understand the hours people are working (and not just chargeable hours) and over what periods”.
Where there was a cause for concern, there should be conversations with the person and discussions about “what the organisation can be doing to support them”.
Private practice firms should encourage partners “to have honest and open discussions with your clients as to how to meet the clients’ requirements within the scope of the actions set out in this guidance”.
Pitches, proposals and tender documents should “reference to your adherence to this guidance”.
Richard Martin, chief executive of the MBC, commented: “The legal profession can be immensely rewarding, but it can also present significant mental health challenges.
“The MBC guidelines are designed to create a healthier culture by balancing high performance with well-being. We hope they encourage firms to take further steps to reduce stress and support their people.”
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