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16 December 2021Influential Women in IPMuireann Bolger

Mental health: why can being a lawyer lead to burnout?

Safeguarding our mental health and wellbeing is essential, particularly in the wake of the unpredictable climate and widespread anxiety stoked by the COVID-19 pandemic.

But how can forward-looking organisations drive the cultural changes to ensure that support exists for employees who may be struggling with such challenges? And what are the particular mental health issues confronting the IP and legal profession?

“There is perhaps a perception that mental health is a new concern within the profession but it isn’t,” explained Elizabeth Rimmer, CEO of LawCare, during a WIPR Patents Live session: Driving Cultural Change to Optimise Mental Health and Wellbeing.

During the webinar held on Tuesday, December 14, she noted that her organisation, a charity offering emotional support, information and training to the UK legal community, would soon mark its 25th anniversary.

Such longevity, she explained, highlighted the ongoing need for support within the legal profession. “The challenges lie in the culture and practices in law, the mindsets and thinking styles of lawyers and the type of people who come into the profession,” she said.

Changing minds

Cultural changes were essential to drive meaningful change, agreed her co-panellist, Andrea Brewster, lead executive of IP Inclusive. Mental health, she explained, had crept up the agenda for the organisations she founded in 2015 to promote equality, diversity, inclusion and wellbeing throughout the UK’s IP professions.

“It became clear that for many people, mental health was part of the inclusion debate. It was on people's minds and that it mattered to them, not only that we had a diverse environment but that everyone was also looked after mentally and physically,” said Brewster.

IP professionals faced specific mental challenges potentially created by tight deadlines, the need to fit a certain mould, and a large workload.

“IP is a deadline-driven profession and that creates issues. It is also a very niche profession; people are very aware that they need to fit into this environment, which makes them fear that they aren't good enough,” she explained.

Brewster noted that there are many small firms and organisations in the IP sector, which bring specific workplace issues.

“While working in a smaller firm can create a family-like supportive environment, it can also mean that there is nowhere to hide. You can't keep problems from your colleagues. Also, working in a small firm can mean there is nobody to take up the reins in your stead if you do need some time away, and that increases the pressure a lot.”

Burnout and silent men

Rimmer noted that a study of 1,700 legal professionals carried out by LawCare had highlighted the problematic nature of working practices in the law and how they affect mental wellbeing. The study, “ Life in the Law”, addressed specific issues such as burnout, which is recognised as a health condition by the World Health Organization.

“Our key findings showed that mental health is a challenge in the law and that legal professionals were under mental strain,” she said. “The working practices in law, the long hours, the intensity of the work and that sense of always having to be on call and respond immediately has a negative impact on mental well-being.”

These practices had a particularly adverse effect on women and diverse communities, she explained. “We found that some groups who are more impacted, including women, people with caring responsibilities, Black and Asian professionals, junior professionals and people from the LGBTQ+ community.”

Worryingly, only a quarter of study respondents were male. This trend, noted Rimmer, could be due to the tendency of men to engage less with mental health issues compared to women.

“We are all impacted by mental health challenges, but we have had low engagement from men. There are more opportunities to work with men in the legal profession around mental health, and to encourage them to speak up more and seek support,” she said.

Both panellists agreed on the need for more effective workplace measures and training. LawCare’s research showed good supervision and regular catch-ups with managers ranked higher for many legal professionals than mental well-being policies when it came to addressing such issues, noted Rimmer.

Poor management

Meanwhile, IP Inclusive’s own research showed that people valued the opportunity to talk to other people more than anything else when grappling with mental health problems, she said. “One of the biggest sources of stress comes from poor management and insufficient support in the workplace,” added Brewster.

But they noted that there could be additional challenges if managers in IP law firms had been appointed for their own proficiency and achievements rather than their ability to connect and emphasise with colleagues.

“Managers are generally not provided with a lot of training and support with these softer skills; they are thrown in at the deep end and they are not necessarily good at holding conversations with the people they work with and supporting them,” said Brewster.

Training people who inhabit supervisory roles can make a critical difference, they concluded. “It builds trust among colleagues and helps managers identify if someone is struggling,” explained Rimmer.

View the session:  Driving Cultural Change to Optimise Mental Health and Wellbeing.

WIPR Patents Live is your access to unmissable live broadcasts, networking and collaboration in the IP community. To find out more or to register, click  here.

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