A Diet for the Black Dog
In my last article, Feeding the Black Dog, I discussed the alarming prevalence of depression in the legal profession — particularly amongst early career lawyers. Although nothing can wind the clock back to a time when files were lugged through town by articled clerks and lawyers were uncontactable over the weekend, there are things we can do to make things easier on those just starting out in the profession. What follows is not a panacea, but will hopefully provide some guidance as well as stimulate conversation around the struggles with depression which some young lawyers experience, with a view to generating more and better solutions.
- Get the recruitment right
When employing graduate lawyers, it is imperative that firms engage graduates who can not only do the work, but want to do it; these are not the same thing. Many graduates commenced law with no plans to become a lawyer, but have achieved high marks and been drawn to law more by virtue of that fact than any genuine desire to enter the profession. In addition, the sheer volume of law graduates at present means that any marks-based analysis of candidates is unlikely to produce good results; it is likely that more students graduate with honours now than graduated in total 20 years ago.
Recruitment processes should seek to identify graduates whose background indicates a long-term commitment to a legal career, and indeed a career in the area of the law in which the hiring firm practices. Taking note of interests listed in resumes, and exploring those interests in any subsequent interview, can give some insight as to whether or not a candidate is interested in a career in the law, and in the sort of law you do.
2. Juniors are juniors — there is always some assembly required
Regardless of what newly-admitted solicitors are paid, it is a bold and dangerous proposition to assume that they come to a firm ready to work. It is essential that juniors are adequately supervised and brought along at a pace that they can sustain, and on matters which they can be reasonably expected to handle. Matching a junior to a client with a reputation for difficulty, or heaping work on a newly-minted lawyer because ‘it was tough for me, so I’ll make it tough for them’ is a recipe for disaster.
The opportunities for creative solutions in this area abound, and the fact that Articles of Clerkship are no longer a path to admission does not mean a similar system cannot be used to deliver quality training. Stafford Shepherd, Director of the QLS Ethics Centre, has instituted a traditional clerkship role in the centre with excellent results.
This role involves one-on-one mentoring, guidance and professional development combined with some autonomous work, with the clerk’s responsibilities gradually increasing. Being both trusted and supported allows juniors to gain competence and confidence at a manageable pace, reducing stress and developing competent and valuable lawyers. This model could be adopted by most firms with little adaptation.
3. Supervise graduates properly
Properly training junior lawyers requires a substantial investment in time and money, but the rewards are worth it, and the cost of failing to do so is greater. Constantly having to replace burnt-out staff (and training those replacements) consumes far more money and resources than getting the training right in the first place.
Proper supervision requires assessing what a graduate is capable of and matching their training with that reality. Some will learn faster than others, but almost all will turn into productive workers given the right opportunities. Although each firm will be different, best practice would include the following:
- have a training program and ensure that it is completed; design it around the core skills required for the role you envisage the graduate taking on
- have a senior lawyer responsible for the training of each graduate
- ensure that the trainee and supervisor meet at least once a month to review progress and discuss any issues — the sooner you are aware of any problems the better, and trainees will grow in confidence if they feel there is someone to whom they can turn when under the pump.
Practitioners should also remember their ethical duties when training new lawyers; the duty to the administration of justice is not met by overworking an inexperienced lawyer, nor are the client’s best interests served by giving a junior a case well beyond his or her ability and experience. Proper supervision and training of junior staff is an ethical obligation, and practitioners would be well advised to assess the abilities of each new lawyer and have proper training programs in place if heartache is to be avoided down the road.
4. Get the right supervisor
The legal profession draws its members from a broad range of people, not all of whom are suited to train, mentor and supervise junior staff. Possession of a law degree and long experience in law firms does not magically confer supervisory skills or general people skills for that matter. Indeed, it is fair to say that in the past some sectors of the profession have not sought soft skills or emotional intelligence when recruiting, resulting in a lamentable culture in some places.
Well before the decision to recruit new staff is taken, firms should be confident they have the right people on board to train and nurture juniors — and that they want to expand in the first place. Many sole practitioners are sole practitioners for good reason, and before taking on more staff, a firm should consider how that would affect the firm dynamic; it may well be better in the long run to refer excess work to other firms if the integration of new staff is beyond a firm’s resources or foreign to its culture.
5. Know your staff
Graduate and junior lawyers, for the reasons discussed above, often feel nervous and out of place, and it cannot be assumed that they have the personality to fit in to a strange environment. Taking the time to get to know your staff, to include them in the firm’s social fabric and to ensure that they become comfortably part of the team will pay long-term dividends. Simply handing them the keys to a filing cabinet with 200 active matters in it will lead to disaster.
The fact that a partner or senior lawyer knows that a junior is getting married, going on holidays or is involved in amateur theatre (and asks them about it) can make a huge difference to the way a junior approaches work. It takes minimal effort to be aware of the little things that make all the difference.
6. Use the resources you have
The threat of depression and self-harm is not unknown to the profession, even if we are late in coming to terms with it, and resources to assist practitioners do exist. Queensland Law Society’s Love Law Live Life working group has funded a pilot to address mental health identification by senior staff in the legal profession, and Society members are entitled to free counselling through its LawCare counselling service. Other law societies and professional representation groups also have resources available to their members, and practitioners should ensure staff are aware of these, and avail themselves of those services if necessary.
7. Know when to let go
It is an unfortunate fact of life that not everyone is cut out for a career in the law, and in some cases that can become obvious fairly early. If it has become clear that a junior lawyer is not suited to the legal profession, it is no favour to delay the inevitable or to carry a junior past their supervision period; although you may avoid problems for yourself, they will arise for the junior at some point and often with devastating consequences. A full and frank ‘fireside chat’-style performance review might produce a better result for all concerned.
It is undeniable that the practice of law has become more complicated and demanding over the last 10 years, and that the way practices are run is changing and will change further. Those changes must include steps towards reducing the rates of depression and suicide that plague the legal profession, and it is incumbent on senior lawyers, partners and directors to show leadership on this issue.
Although this is not an exhaustive list of the causes of — or solutions to — depression and suicide experienced by lawyers, it is a start. Our profession needs to talk about these issues, find solutions and implement them, and if you’ve got any ideas I’d love to hear them; we need all hands on deck on this one, and there is absolutely no time to waste.
