Law Firm Burnout: Addressing Four Common Mistakes

Introduction

Did you know that in the USA, lawyers are twice as likely as other adults to contemplate suicide? ?Having coached hundreds in top law firms, over almost 2 decades, in Washington DC and in London, I have been constantly saddened by the stories and the data.

No law firm sets out to make their people burned out and suicidal.?

But they commonly make four mistakes that contribute to the problem:

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1.??????? They assume suffering from high pressure is inevitable.

2.??????? They assume if people aren't visibly struggling, then they are OK.?

3.????? They fail to create an environment where people can talk openly about workload challenges.

4.??????? They don’t know how to create meaningful change to reduce stress.

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This article describes each of these mistakes and offers a new approach for each.

Its underpinned by a firm conviction that IT DOESN'T HAVE TO BE THIS WAY.

There is so much that firms can do to help people change their relationship with work. I’ve worked with teams as they crack the code on how to make work manageable. It is possible - even in magic circle firms.

When the right culture is created, it doesn't just save lives - it also hugely enhances performance.

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Mistake Number 1: Assuming Suffering from High Pressure is Inevitable.

The stresses associated with law – especially in private practice - can be uniquely detrimental to mental well-being. Complex, often high stakes cases, alongside the pressure of high volumes of work, delegated by multiple people, create long hours, tight deadlines, and conflicting and often, arduous tasks.

These pressures may well be inevitable. But suffering from them is not.

Not every lawyer suffers. Sure, all experience the occasional moment of stress: there will be bad days in every profession.? But when we write off serious, long term stress as something inevitable that must be endured, rather than exploring it, we create a dangerous path.

I’ve often heard senior partners joke about the stress of juniors: ‘I had to suffer when I was young, why shouldn’t they?’. Rather than reflecting on the difficulties, the attitude of ‘twas ever thus’ encourages everyone to accept the challenges as inevitable.? And this is amplified in the firms where the financial rewards are extremely high: “Well for what he earns, he can suck it up!”

If ‘sucking it up’ leads to mental illness – is that really what we’re advocating?? The rate of death by suicide for lawyers is six times that of the general population. And tragic stories abound of lawyers who died at their desks after heart failure, induced by sleep deprivation.?

This level of suffering is NOT inevitable. Please, let’s drop that assumption.

Instead, it’s helpful to recognise that stress is NOT determined by our circumstances, but by the way we each choose to respond to our circumstances.? There’s often huge resistance to that message. But once absorbed, its empowering. It enables each of us to take charge of our own experience of high pressure work. (More on this concept in this brilliant 'Unstressable' podcast with Dr Tara Swart, Mo Gawdat and Alice Law).

The criteria for career success are rarely explicit in law, which leads to confusion and dangerous mis-reads of how to get ahead. Too often, lawyers falsely believe that stamina and responsiveness are prized above all else, driving a need to continuously work at an unrelenting pace and an inability to say ‘no’.

Careful messaging from seniors, reinforced through focused development programmes, can play a vital role in cutting though those unhelpful beliefs:? ?We must teach lawyers to protect their sanity (and thus the quality of their work) at all costs.? The natural drive that lawyers possess is valuable, but they must be taught to focus it on quality outcomes, rather than always working excessive hours. ??As we’ve written elsewhere in guidance for lawyers , it’s important for their sanity that they learn how to communicate workload and create clarity on priorities, to ask for help, and to delegate. ?

Mistake Number 2: Assuming if people aren't visibly falling apart, then they are OK.?

We have all fallen into the trap of thinking that if someone isn’t showing clear signs of falling apart then they are OK.? I’ve spent time with teams mourning the loss of a colleague who died by suicide. The common refrain? “We had no idea”. ??Most people who die by suicide have no medical diagnosis of mental health problems, nor ever been seen by a mental health professional.

Please know this: Many who are suffering with mental health problems suffer in silence.

In many legal teams, there are pervasive (untrue) beliefs that overwhelm is an indicator of weakness, so everyone pretends they are OK. ?In that environment, it’s very tempting to keep private about our own battles with overwhelm.

No judgement from me – I spent my 20s doing this exact thing.? I would have found it easier to talk about my sex life with my seniors than to admit I had a problem with work-related stress.

But when I started to open up, I realised that in doing so, I was helping everyone else too.? When we’re stressed, we ALL box ourselves into the myth of ‘I have to figure it out for myself’.

So, one powerful way to increase the wellbeing of your entire workforce is to recognise that extreme stress is often invisible. ??Assume that at least half of your workforce – probably the highest performers - are struggling with workload stress, and normalise talking about it.? As a senior, you can create massive culture change simply by showing care and curiosity about how everyone is genuinely doing. ??If you occasionally experience stress yourself, you will have an incredibly positive impact on others if you’re brave enough to talk about it. Share your own learnings and strategies for dealing with stress, and encourage the team to share theirs.

This is related to…

Mistake Number 3: Failing to create an environment where people can talk openly about challenges.

I heard a story in a magic circle firm where a lawyer had died by suicide having jumped from the top floor. The firm responded by fitting security bars on the windows and there was NO OTHER MENTION of the event.

Yes, that's an extreme example, but it reflects a common theme: ??Many seniors and partners in law firms don’t know how to have difficult conversations about how people are doing.

In many workplaces, there’s stigma about stress and a misplaced belief that it represents weakness. ?This is amplified in many legal settings. A recurring theme in my years of coaching lawyers has been their reluctance to ask for help, driven by fears of being seen as fragile or unstable.

The team cultures of top law firms often feel cold, competitive and uncaring to associates. People’s sense of time pressure can prevent the basics of human connection. The problem is worse for newly formed teams who don’t have a bond of shared experience.? If the project team doesn’t even know each other’s names, what are the chances of them offering meaningful support to each other?

The great news is that ALL of us are culture creators.? It is possible to create a positive team culture within a firm, whatever the surrounding temperature of the rest of the organisation.? A great way to start is to build relationships with those you work most closely with, and open up dialogue on these topics. We don’t need to have all the answers to start the conversation – the important thing is to get people talking and feeling supported.? If you’re a senior, or even an associate with influence, take some time to talk about the topic as a team, and agree some new habits for checking in with each other. ?One simple, time effective tool is simply to build on the often meaningless platitude of ‘How are you?’.? Instead, start every conversation with a 1-10 check in, where each person is asked how they are on a scale of 1-10. When everyone’s number is good, we can move quickly on, but it’s an opportunity for further conversation if someone reports a lower number.

Mistake Number 4: They don’t know how to create meaningful change to reduce stress.

“My managing partner is a critical micromanager who regularly fires emails late at night and never has time to talk about anything beyond the work itself.

I’ve been doing the work of 2 people for months and trying to squeeze in recruitment activity around the edges of client work. I spend most of my days in meetings so the only time to get the work done is after my kids have gone to bed.

When I raised concerns about workload, none of the senior partners made time for real discussion. Instead, someone from HR sent me information about the firm’s counselling services and a wellbeing programme which includes yoga and on-site massage. When the F*** would I fit that into my week?”

This quote from one of my coaching clients illustrates this problem well. ?Many law firms genuinely want to reduce their people’s stress, but they don’t know how to create meaningful change.? Physical self-care is important, but programmes to promote individual’s? wellness can’t stand alone as a counter to deeper systemic issues like leadership capability and resourcing problems. ?? In the worst cases, these misguided investments may even amplify the problem, when senior partners use that investment as an excuse to distance themselves from the real issues.

To be fair, this problem is not exclusive to law. Creating meaningful change to reduce stress is hard for most organisations. ?According to Deloitte, large organisations are spending in excess of US$10 million a year on wellbeing programmes, and the evidence of ever-spiralling burnout suggests they are often missing the mark.

Any intervention to reduce stress must get to the heart of the matter – what are the underlying causes of the problem?? ??

Firms we’ve worked with have found it helpful to observe four levers that must be applied for effective and lasting behaviour change:

1.??????? Relevant skills and capabilities:?? Any learning or culture change programme must be relevant to every individual participant.? Your Employment Practice associates will likely be up against an entirely different set of stressors and challenges to those in the Private Equity teams. ?That’s why our programmes begin with Discovery and/or team tailoring.

And its why we incorporate 1:1 coaching in everything we do – it’s the only way to ensure every individual’s needs are understood and met.

?2.??????? Reinforcing mechanisms: Don’t bother sending out vague platitudes about wellbeing unless you’re prepared to reinforce and align with all your other employment messaging.?

Any learning or culture change programmes must be congruent with all the other structures and processes that set expectations and determine who and what is rewarded.?

?Our programmes are based on the power of sustained action over time. Our proven method uses constant reinforcement over a minimum of 12 weeks to create lasting change to team behaviour and culture.

The collective nature of the work amplifies this reinforcement – it’s much easier to find the courage for difficult conversations or new habits when I’m witnessing my colleagues doing the same.

?3.??????? Aligned Beliefs and Behaviours: Many firm-wide programmes focus above the line on this iceberg model: it’s tempting to begin with the more visible and tangible elements that need to change.

But if you want to drive lasting change, start with deep curiosity about the underlying (often invisible) beliefs that are really driving team culture:

·??????? How do your people define success? ?

·??????? Do they believe (as many lawyers do) that excessive hours and endless sacrifice are the only way to get ahead? ?

·??????? Do they believe they’ll be judged for speaking up about resourcing concerns?

·??????? Do they believe that delegating and developing others is "impossible right now"?

·??????? Do they believe that the firm’s desire to change is poorly managed and won’t possibly work?

These examples of derailing beliefs are far from exhaustive, but give some illustration of the type of mindset barriers that must be addressed before any lasting change is possible.

4.??????? Role Modelling and Accountability: Real change starts from the top. As we have written elsewhere , genuine accountability matters MUCH more than any written policy in guiding and shaping organisational culture.? Everyone in the firm is hugely influenced by the top leadership, whether that’s conscious or not. ?

?If we want to replace micro-managing, ?critical, cold styles of leadership and colleague behaviour with more positive alternatives, we must;

·??????? set clear expectations of what good looks like;

·??????? noisily role model; and

·??????? create accountability without fear , rewarding the right behaviours and course-correcting where things go awry.

The good news – we have a ready-made, proven solution

Burnout is a common challenge and carries a huge price for individuals and for law firms. ?But it is not inevitable.

Our innovative Culture Sprints move teams from Overwhelm to Resilient in 12 short weeks.? We achieve a real shift in behaviour, in a way your people will embrace and enjoy, supporting them to break free from old habits and limiting beliefs and step into their full potential.

Our approach is practical and delivers impact – and it does not take anyone away from their standard work week.? We focus on supporting the Sprinters to move their behaviours so they are actively driving change on a daily basis.?

This visual illustrates the shift in beliefs and behaviour the Resilience Culture Sprint is designed to create:

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Our next 12-week Culture Sprint addressing the challenge of Overwhelm starts on 14th May 2024 .

Culture Sprints redefine the traditional approach to culture change. We focus on specific challenges and deliver tangible shifts in behaviour.

Say goodbye to long, ambiguous processes that drain internal resources and instead enjoy:

• Rapid Transformation: Achieve tangible results in just 12 weeks. We empower your team to create a real shift in behaviour together.
• Zero Distraction: We handle all logistics, freeing up your internal resources. Say goodbye to administrative burdens and distractions.
• Unleash Real Potential: Our approach targets common, unhelpful behaviours and is proven to deliver impactful results in a way your team will wholeheartedly embrace.

If you need your team to be recharged and energised, if you want them to break free from the crushing effect of Overwhelm and proactively build their Resilience, DM me, I’d love to explore if our next Culture Sprint is right for your team.

We’re ALSO planning a free webinar on how to create resilient team cultures in law firms.

DM me or comment here if you’d like me to add your name to the invite list.

About the Authors

Nkuzi Change is led by three founders, Martin, Elise and Kate, based in UK & Europe. Elise is former CMO at Thomson Reuters where she led several major transformation programmes. Martin has led a number of turnarounds, building and re-shaping and businesses in the technology and service sectors. Kate has been coaching executives since 2005, partnering with hundreds of leaders in some of the world’s most respected organisations. This includes hundreds in top law firms, over almost 2 decades, in Washington DC and London.

Between us, we have; Over 60 years’ experience of leadership in big companies – having worked within 30+ respected global companies. Over 15 years operating at C-suite level in global FTSE 500 companies, driving commercial success and transformational change. Expertise in transformational change, leadership development, behaviour change and in technology and systems.

Over the past 3 years we’ve studied leadership and culture up close.? We’ve run over 20 scaled Leadership Programmes with 7 different, large, global B2B businesses.? We’ve worked with more than 500 Leaders in those businesses. We’ve spent 3000+ hours in confidential conversations with these leaders on how to lead successful change.

Follow Kate on LinkedIn for more of practical guidance on leadership and culture.

Sources

Mauney, The Lawyers’ Epidemic: Depression, Suicide and Substance Abuse, available at [https://perma.cc/7S9F-MQDA ]

Coming Out in the Classroom: Law Professors, Law Students and Depression, Journal of Legal Education: Brian S. Clarke; available at; https://www.jstor.org/stable/24716683

Stressed, lonely, overworked: What new study tells us about lawyers suicide risk, Jenna Green: Reuters: https://www.reuters.com/legal/litigation/stressed-lonely-overworked-what-new-study-tells-us-about-lawyer-suicide-risk-2023-02-15/

New study on lawyer well-being reveals serious concerns for legal profession; American Bar Association: https://www.americanbar.org/news/abanews/publications/youraba/2017/december-2017/secrecy-and-fear-of-stigma-among-the-barriers-to-lawyer-well-bei/

Stress and overwork linked to lawyers’ suicidal thoughts, study says, Karen Sloan; Reuters: https://www.reuters.com/legal/litigation/stress-overwork-linked-lawyers-suicidal-thoughts-study-says-2023-02-13/

6 Law Student Mental Health Statistics; Clio: https://www.clio.com/blog/law-student-mental-health-statistics/

Pinsent Masons seeks ‘lasting change’ after inquest into partner’s death sparks mental health debate; The Global Legal Post: https://www.globallegalpost.com/news/pinsent-masons-seeks-lasting-change-after-inquest-into-partners-death-sparks-mental-health-debate-198771279

Why corporate well-being initiatives aren’t doing so well – and what companies can do about it; Deloitte: https://www2.deloitte.com/us/en/insights/multimedia/podcasts/the-problem-with-employee-wellness-programs.html

Law firms not providing staff with the wellbeing support they want; LegalFutures: https://www.legalfutures.co.uk/latest-news/law-firms-not-providing-staff-with-the-wellbeing-support-they-want

People Who Die by Suicide Without Receiving Mental Health Services: A Systematic Review: https://www.ncbi.nlm.nmanih.gov/pmc/articles/PMC8804173/

Lawyers with high stress are 22 times more likely to contemplate suicide than those with low stress: https://calawyers.org/california-lawyers-association/lawyers-high-stress-contemplate-suicide/#:~:text=Lonely%20lawyers%20were%20nearly%20three,higher%20levels%20of%20suicidal%20ideation .