One of the biggest issues facing law, both historically and in the present – happiness. If we can begin to address happiness in the profession, if we can identify the barriers to happiness in law, then we can begin to move beyond these barriers to create a more sustainable model.
The legal system is broken. The Law Society of Ontario has developed the “Personal Management Guideline” to address mental illness and addiction in the legal profession.[i] Lawyers are at a higher risk for depression, suicide, alcoholism, drug addiction, and anxiety than the general population. These risks are present for all lawyers, not just those in Ontario.
- The Johns Hopkins University study of more than 100 occupations, researchers found that lawyers lead the nation with the highest incidence of depression.[ii]
- An ABA Young Lawyers Division survey indicated that 41 percent of female attorneys were unhappy with their jobs.[iii]
- In 1996, lawyers overtook dentists as the profession with the highest rate of suicide.[iv]
- The ABA estimates that 15-20 percent of all U.S. lawyers suffer from alcoholism or substance abuse.[v]
- Seven in ten lawyers responding to a California Lawyers magazine poll said they would change careers if the opportunity arose.[vi]
We also know that approximately 58% of lawyers in Canada have experienced significant stress and burnout, 48% have experienced anxiety, and 26% have experienced depression.[vii]
In addition to suffering from depression, anxiety, substance abuse, and stress, the legal profession suffers from an attrition problem. According to the Canadian Bar Association:
- within 5 years of being called to the bar, 57% of women and 49% of men will have left private practice; and
- close to 30% (28% of women and 29% of men) will have left the practice of law entirely.[viii]
Despite efforts by the Law Society of Ontario and similar governing bodies to address the issue of women leaving private practice, women are still significantly underrepresented at the top.
- Women constitute 50% of law student populations;
- The majority of lawyers who have been in private practice 5 years or less are women; and
- Women account for less than 20% of partners in North America. [ix]
In Canada there is also a lack of diversity at the top. A study called “Diversity by the Numbers: The Legal Profession,” conducted by the CCDI in partnership with the Canadian Bar Association found:
- In 2014 and 2015, 73.99 per cent and 76.88 per cent of senior leader respondents were men; and
- In 2016, 75.34 per cent of senior leader respondents to the survey were men and 90.78 per cent of senior leaders were Caucasian.[x]
What is even more interesting is that a recent Canadian study found those at the top were the least happy and satisfied.
“Canadian lawyers from elite law schools, at the most prestigious law firms and making the most income reported higher levels of depression, lower levels of career-choice satisfaction and an intention to leave their much-sought-after positions in the short term.”[xi]
The reality is lawyers are unhappy.
They suffer from depression, stress, anxiety, and substance abuse problems. Both men and women leave law at alarming rates, which is especially true for women. Women and minorities aren’t making it to the top. Those who are at the top report dissatisfaction and a desire to leave.
These issues are not new. In fact, these are long standing issues in the legal industry. While they have been noted time and again, and some steps have been taken to address them, overall not a lot has changed.
Why is this?
It’s also no secrete that the legal field is highly resistant to change. There have been massive shifts in many other sectors with the legal industry getting left behind.
Disruption in the legal field is not only necessary but inevitable. It’s going to take identifying and learning about the issues. It’s going to take innovation, risk taking, and forward thinking to create a more sustainable model where lawyers , employees and law firms thrive.
One of the biggest issues facing law , both historically and in the present – happiness. If we can begin to address happiness in the profession, if we can identify the barriers to happiness in the law then we can begin to move beyond to create a more sustainable model.
Some of the known causes for unhappiness and dissatisfaction in the profession have been identified as:
- Stress
- Inflexible nature
- The billable hour
- Constant searching for negatives
- Culture
- High and Competing Expectations
- Incivility
Current law firm models are creating these petri dishes of stress, anxiety, depression, and greed. My hypothesis is that this is only harming bottom lines not protecting them. Its known that the law, lawyers, and law firms are highly resistant to change. But at what cost?
Happiness is the precursor to success. In a meta-analysis of over 200 studies on 275,000 people worldwide it was determined that happiness leads to success in work, health, creativity, energy, friendship, and sociability.[xii] Happiness has been found not only to cause success but to cause achievement as well.[xiii]
Its clear then that the health and well-being of the legal profession needs to be addressed. Change need to be addressed on three levels:
- The Individual
- The Firm
- The Institutions
The first step to change is to talk about the problem. To bring awareness to all and to let others know that they are not alone. By reducing the stigma associated with struggling from stress, anxiety, and depression, by talking about the reasons why people leave law, and the barriers to advancing we can find solutions.
[i] https://lso.ca/lawyers/practice-supports-and-resources/practice-management-guidelines/personal-management
[ii] https://www.psychologytoday.com/ca/blog/therapy-matters/201105/the-depressed-lawyer; Eaton, W.W. (1990). Occupations and the prevalence of major depressive disorder. Journal of Occupational Medicine, 32 (11), 1079-1087.
[iii] Ibid; Moss, D.C. (Feb., 1991). Lawyer personality. ABA Journal, 34.
[iv] Ibid; Greiner, M. (Sept, 1996). What about me? Texas Bar Journal.
[v] Ibid; Jones, D. (2001). Career killers. In B.P. Crowley, & M.L. Winick (Eds.). A guide to the basic law practice. Alliance Press, 180-197.
[vi] Ibid; Dolan, M. (June 28, 1995). “Disenchantment growing pervasive among barristers,” Houston Chronicle, 5A.
[vii] http://www.slaw.ca/2019/07/02/mental-health-in-the-legal-profession-are-we-asking-the-right-questions/
[viii] https://www.cba-alberta.org/Publications-Resources/Resources/Law-Matters/Law-Matters-Spring-2015/Attrition-in-the-Profession
[ix] https://www.huffingtonpost.ca/andrea-lekushoff/female-lawyers-canada_b_5000415.html
[x] https://www.canadianlawyermag.com/news/general/study-shows-law-firm-senior-leadership-still-largely-white-and-male/274115
[xi] https://www.canadianlawyermag.com/news/general/high-pressure-law-jobs-linked-to-depression/274609
[xii] Achor, S. (2010). The Happiness Advantage: The seven principles of positive psychology that fuel success and performance at work. New York, NY, US: Crown Business/Random House.
[xiii] Ibid