Promoting better mental health in IP firms
IP is a competitive field, full of high achievers and perfectionists. The nature of the work means there is a constant demand to meet deadlines and to deliver high quality results. There’s also a lot of pressure to succeed, which means it’s easy to prioritise work performance ahead of other things in life. This can lead to a lack of balance. If their mental health starts to suffer, lawyers often have a desire to hide the issue rather than to address it.
This is partly because improving mental health takes time and energy, and IP lawyers can feel that it is “selfish” to spend time on themselves instead of on work. As law can be a competitive environment, people are afraid seeking help might have a negative impact on their career.
Because there isn’t an open conversation around mental health, it’s easy to assume that everyone else is coping, which might not be the case. I think lawyers often worry that they might be seen as unable to cope if they seek help for their mental health. Getting help for a mental health problem is a very brave thing to do. It is only ever a strength, not a weakness.
Leading by example
One of the easiest and most effective measures a firm can take is to let its employees know that the firm values and promotes mental wellbeing, and that it is supportive of anyone suffering with mental health problems.
I think companies need to explicitly and unequivocally state that nobody will be penalised for seeking treatment for a mental health problem. This is happening at many firms and companies, but the prevalent stigma around discussing mental health issues means that it’s not always explicit. It’s the job of senior management to spell it out. No messaging on mental health in the workplace is, in itself, a message.
Leading by example by promoting discussions around mental health can have an impact too. For example, leaders taking time off for holidays will empower employees to feel able to do the same. Bar associations and event groups, conferences, etc, can try to include the topic in existing events—for example by including a final question about mental health on a panel or in a “fireside chat”. When lawyers see the issue spoken about in a professional setting, or by leaders in the field, it should help to normalise the conversation.
COVID 19’s impact on mental health
The pressures imposed by the global pandemic over the past 15 months have been an immense weight for us all to carry. I’ve seen people break and struggle at different times.
For some, the first couple of months were the most difficult. Others, me included, coped well initially, but the permanent state of uncertainty became difficult to deal with after the initial “crisis mode” wore off.
I can’t begin to imagine the pain and suffering some people have gone through this year, and it’s likely to have a ripple effect for years.
On the plus side, I believe that many people have learned more about themselves and how their minds work. I’m sure they will realise the things they need in their lives to keep them feeling well, and maybe will be better able to identify stresses that existed before the pandemic—and which they might be better off living without.
Friends have told me that they have realised the huge link between their productivity and mental wellbeing. It’s so much easier to be productive when we’re in a good place mentally—another great reason to prioritise mental health.
I’m a strong believer that being well is a good enough reason in itself to prioritise our mental health. We should not have to justify it with all the ways it will improve our output at work. However, because of the environment in many high-pressure professions, including IP, many people do not feel entitled to seek help purely for the sake of their personal wellbeing. If we highlight the clear link between improved mental health and success, we can give these lawyers a reason to feel entitled to prioritise their mental health.
Having the foresight to prioritise health allows one to maintain health over a long period, leading to a sustainable approach to work and a higher chance of long-term success. I hope that one day people will see addressing a mental health problem as helping, not hindering, success at work.
Emily Collins is a European patent attorney and vice president of Kilburn & Strode’s San Francisco’s liaison office. She can be contacted at: ecollins@kilburnstrode.com
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