The curse of the strong afflicts the Bar

At almost exactly this time last week, I gave a talk on Wellbeing to the 21st Century Bar Conference. And Stephen O'Rourke QC was still alive. I don't know whether he heard my talk.

A week on and Stephen is dead. We did not manage to have the drink we had discussed to celebrate his being appointed Principal Crown Counsel as well as Keeper of the Advocates Library, not to mention the sheer enjoying of being in each other's company. Sitting here numb it is difficult to comprehend the enormity of the loss.

As the tributes pour in, all of them deserved, it might be worth looking again at wellbeing. In last week's talk I identified the following as some of the problems afflicting members of the Bar:

I emphasised:

and

Most would agree that this is sensible advice, although in a crisis one might need to seek more immediate help than that offered by a GP.

But none of this is new or surprising. Members of the Bar often (invariably?) pride themselves on being strong, resilient, and tireless. They are not going to confide in those with whom they have an adversarial relationship. They may be (invariably are?) unable to confide in the colleagues with whom they get on personally and professionally, for fear of being seen to be weak. They are well aware of wellbeing initiatives. The reasons for suicidal impulses and actions are complex, multi-faceted, and unique to the individual. It is not the lack of knowledge that fails to come to an individual's aid in their last moments. Wellbeing initiatives fail to cut through to the individual who is alone, isolated, desperate unless they are felt at a cultural and individual level. Even then, they may fail, of course.

At the cultural level, it is necessary for the Bar to change. As Amy Edmonson described in The Fearless Organisation, it is necessary for the leadership to encourage psychological safety by:

• Setting the stage to reframe discussions about failure, blame, and learning; I would include vulnerability in that.
• Inviting participation, by soliciting input from members of the Bar about vulnerability and problems without fear of retribution or other negative consequences.
• Responding productively by expressing appreciation for members' input and taking effective action either at an individual or cultural level.

Part of that, I suspect, will involve a return to being together (in a Covid-19 safe way) in person. The non-exhaustive list includes:

• working together;
• eating and drinking together;
• learning together; and
• talking to one another.

Culture eats strategy for breakfast, of course, and there has to be "buy in" from the members of the Bar. That may well involve individual change and the courage to return to working in person.

Cultural and individual change is needed. While we are locked at home, stuck in front of our screens the unseen desperation will continue, and the curse of the strong will strike again.