On World Mental Health Day, I have been reflecting on the significant shift in the conversation around mental health in the last 20 years, since I joined the profession, and what more needs to be done.

Twenty years ago, there was no conversation. There was a stigma attached to having any type of mental ill health, and people were reluctant to discuss this with their friends, let alone their colleagues. There might be the odd reference to someone having a “nervous breakdown” or “going off with stress”, but it was rarely said with any empathy or understanding. On the whole, mental illness was perceived as a sign of weakness and certainly not something to talk about.

Today, things are different. Law firms have mental health first aiders, leaders have mental health awareness training and there are workshops and seminars where people speak about their own experiences during Mental Health Awareness Week. There may be a few who still privately think that they “don’t believe in mental illness” but they certainly wouldn’t say it in a work environment.

We have come a long way, and that should be celebrated, but we are certainly not there yet – not even close. Despite the raised awareness, encouragement to speak up and numerous resources available within law firms, mental ill health is endemic in the legal profession.

This is well documented, although many of the surveys date back to the start of the decade. In 2021, LawCare published its ‘Life in the Law’ survey, which indicated that 69% of lawyers in the UK had experienced mental ill health in the previous 12 months. Since then, there have been tragic cases of lawyers being impacted by acute mental health issues.

In order to gather more recent data, the current LSLA Annual Litigation Trends Survey asks a number of questions about mental health, how the profession contributes to this, and whether participants would feel comfortable discussing their own mental ill health with their colleagues. The results of this are expected in late November.

I anticipate, based on those close to me who experience ill mental health, that the results will show that many still believe that disclosing this in the workplace will have an impact on their reputation and career progression.

Despite the work that has been done, it is imperative that law firms and the wider profession do not become complacent. Mental health awareness must stay at the forefront of the agenda for law firms, for as long as the mental health crisis within the profession remains. It cannot simply be a tick-box exercise that is discussed around awareness days. 

The Mindful Business Charter lists the following as significant risk factors for mental illness and mental health crises:

• Persistent long-term stress.
• Persistent and unpredictable long hours of work without adequate breaks and rest.
• Lack of sleep.
• Disconnection from loved ones and other emotional supports.

All of these are a risk for those in the legal profession. It is a high pressure, competitive job, with high expectations from demanding clients and colleagues. We all want to do the best possible job that we can. To impress and to progress. It can be difficult to have any work-life balance when your value is linked to the number of hours that you bill.

However, I would suggest that to do the best possible job, it is important to protect your mental and physical health at all costs. Client’s want their lawyers to be sharp and focused. They are paying for our knowledge, experience and brain power. It is impossible to be at the top of your game when you are sleep deprived and persistently stressed or anxious.

As a partner in a law firm, I feel it is my duty to lead by example and demonstrate behaviours and practices that promote a healthy, supportive and productive work environment. A few examples of this include:

• Having open conversations and sharing my experiences to create the psychological safety necessary for others to admit their mistakes and share their worries or challenges.
• Working in a way that suits me and encouraging others to do the same. It works for me to deal with emails in the evenings but I am clear that I do not expect that from others, unless we are dealing with something urgent.
• Showing that it’s possible to be successful at work while maintaining a balance between work and personal life and having boundaries. I am very open about my life outside of work and how I have made it work for me.

There is no magic answer unfortunately, we work in a very stressful and equally rewarding profession. I love my job and the high pressure is part of what makes it fun. However, today is a good time to remind ourselves that this is a long-term issue that we need to be mindful of and it is important to keep the conversation going.

Nikki Edwards is a partner at Howard Kennedy and president of the London Solicitors Litigation Association.