The Mental Health Stigma in Law

Historically, mental health in the legal industry has been met with silence, or worse, seen as a sign of weakness. The culture of stoicism, where lawyers are expected to perform under pressure without complaint, has discouraged many from seeking help. This mindset, deeply embedded in the profession, has made discussing mental health not just challenging, but at times, taboo.

The demanding nature of legal work has fostered a culture where stress, anxiety, and burnout are often accepted as the norm. These struggles are often viewed almost as a rite of passage within the legal profession. There's a pervasive belief that if you're not struggling, you're not working hard enough. This way of thinking exacerbates the stigma around mental health, making it difficult for legal professionals to seek the support they need.

This stigma is deeply rooted in the traditional view of what it means to be a successful lawyer. The expectation to be resilient, strong, and unflappable in the face of adversity has led many to believe that admitting to mental health struggles would damage their reputation or career prospects. As a result, many legal professionals suffer in silence, worsening their stress and contributing to a cycle of burnout and mental health decline.

In our 2024 legal Report, 50% of legal professionals identified burnout and extended working hours as critical issues requiring attention within the legal industry. According to Business in Vancouver, nearly 60% of legal professionals in Canada experience psychological distress and burnout, with approximately one in three suffering from depression and anxiety.

These statistics are alarming and reflect a broader trend of mental health challenges in the legal profession. While mental health in itself is being more spoken about as a whole, the response from the legal industry has been, historically, inadequate. The facade of control and capability come at the expense of well-being and it is causing lawyers to quit.

How to Defeat the Mental Health Stigma

Stigma arises from misconceptions, fear, and a lack of understanding. In the context of mental health, these factors can lead to discrimination and social isolation. To dismantle the mental health stigma in the legal profession, we must challenge these misconceptions with:

• Education
• Empathy
• Systemic change

Defeating the stigma requires collective action. By educating ourselves and others, practicing empathy, and fostering a culture of support, we can create an environment where mental health is understood, respected, and treated with the same importance as physical health. The goal is to build a space where those facing mental health challenges are supported, not stigmatized, allowing them to thrive without fear of discrimination, judgment, or guilt.

What is Being Done?

Across Canada, law societies and legal associations are playing pivotal roles in driving this cultural shift. Initiatives like the Mental Health Task Force established in 2018 by the Law Society of British Columbia, the annual Mental Health Summit for legal professionals in Ontario launched in 2021, and multiple studies conducted by the Federation of Law Societies in Canada in partnership with the Canadian Bar Association and Université de Sherbrooke are steps in the right direction.

Additionally, the Canadian Bar Association is providing resources and training for lawyers on managing stress and recognizing signs of mental health issues. Provincial law societies are also stepping up, offering more robust health support services, confidential helplines, counselling services, and education programs tailored to legal professionals. These initiatives are designed to equip lawyers with the tools they need to manage their mental health effectively, fostering a more open and supportive culture within the profession.

Several Canadian law firms are prioritizing mental health as part of their corporate culture as well. Policies promoting work-life balance, such as flexible working hours, remote work options, and limits on billable hours, are becoming more common. These measures aim to create a more supportive and sustainable work environment, reducing the mental health toll on legal professionals.

However, there is still much work to be done. The reality is that half of legal professionals in 2024 are stressed, burnt out, and may be dealing with a myriad of psychological challenges, leading lawyers to leave the profession in search of work that is equally fulfilling but less stressful. The legal industry must retain these professionals by creating environments where they can take necessary breaks and manage their mental health effectively.

The Future of Mental Health in Canada's Legal Profession

Looking ahead, the future of mental health in Canada's legal profession is likely to be shaped by continued innovation and a growing commitment to creating a healthier work environment. As the profession continues to evolve, several key trends are expected to play a significant role:

• Integrating Mental Health into Legal Education:
  

  Embedding mental health awareness and training into law school curricula is crucial. This could involve mandatory courses on managing stress, recognizing mental health issues, and building resilience. Early exposure to these topics can equip future legal professionals with the tools they need to maintain their well-being throughout their careers.

• Creating a Supportive Workplace Culture:
  

  Law firms and legal organisations should foster a culture that prioritizes mental health. This includes implementing policies that encourage work-life balance, such as flexibility in working hours, mental health days, and reasonable billing expectations. Firms should also provide access to mental health resources, including counselling services, and establish peer support networks where colleagues can openly discuss their challenges.

• Training for Leadership
  

  Partners and senior lawyers should receive specialized training to recognize and address mental health issues among their teams. Leadership (including mentorship) plays a significant role in setting the tone for workplace culture and leaders who are trained to handle mental health issues can create a more supportive and understanding environments.

The legal profession in Canada is at a critical juncture when it comes to mental health. As awareness grows and the profession begins to embrace change, there is a unique opportunity to create a more supportive and mentally healthy environment for all legal professionals. Through continued innovation, a commitment to open dialogue, and a focus on well-being, the future of mental health in Canada's legal profession looks promising. The changes being implemented today will not only improve the lives of individual lawyers but also strengthen the profession as a whole, ensuring it remains resilient and adaptable in the face of future challenges.

Resources for Legal Professionals in Canada

Burnout is a widespread problem that is affecting many legal professionals — you are not alone and there are many resources available to help. For those struggling with burnout or other mental health challenges, there are resources available to provide support.

• Lawyers Assistance Program (LAP): Offers confidential counselling and support services for legal professionals. Find out more information on who you can contact in your region . The LAP is a confidential service designed to help lawyers, paralegals, law students, judges and other legal professionals and family members achieve health and wellness goals.
• Government of Canada website: This page provides a list of helpful phone numbers and resources, according to province, and includes information about numerous resources, from services offered by national mental health organisations like the Canadian Mental Health Association, to free online courses from the Centre for Addiction and Mental Health, to the Suicide Crisis Helpline.

Other Resources

• Canadian Mental Health Association:
  For any mental health resources needed.
• Wellness Together Canada:
  Although the Wellness Together Canada service is no longer available, the website continues to link to mental health resouces including free, confidential mental health and substance use support, including one-on-one counselling, self-guided resources, and peer support.
• Mental Health Commissions Canada:
  Provides resources and initiatives specifically designed to support mental health in the workplace, including training programs like The Working Mind.
• Suicide Crisis Helpline:
  If you or someone you know is thinking about suicide, call or text 9-8-8 (the Suicide Crisis Helpline) and speak with a helpline counsellor. Support is available 24 hours a day, 7 days a week.

If you need support, please do not hesitate to access these resources.

If you're in immediate danger or need urgent medical support, call 9-1-1.