The toll of the pandemic on mental health and what is needed for the future

Wellbeing

Manda Banerji, Chair of the Junior Lawyers Division, discusses the toll of the pandemic on mental health and what is needed for the future

As technology has improved, we have reaped the benefits of working from home, perhaps to let the plumber in on the odd occasion or wait for that delivery. It has been a nice-to-have; a convenience. In some ways, it has been aspirational for many junior lawyers, as it was often senior colleagues and partners, who had the luxury of working from home. Unsurprisingly, at the start of the pandemic many junior lawyers reported enjoying the new status quo. The lack of a commute gave them more free time, zoom quizzes and socials filled the calendar. Yet now, the novelty has worn off and many of these activities have fizzled out leaving behind remote working as an enforced necessity. This is an inconvenience for many, or worse, a real concern for people’s mental health. In legal services, junior lawyers are perhaps some of the hardest hit by remote working.

The JLD’s 2019 Resilience and Wellbeing Survey revealed that over a third of respondents had regularly felt negative stress as a result of work, in the month prior to completing the survey, a quarter of respondents reported experiences of severe or extreme work-related stress; around half of respondents reported mental ill health in the month prior to the survey and, alarmingly, 6% had experienced suicidal thoughts. These statistics already painted a concerning picture of the mental health of junior lawyers in the workplace, now compounded by the pandemic.

Junior lawyers rely heavily on the support and camaraderie of their peers in the office as well as supervision and guidance from senior colleagues. Remote working has pulled these from under their feet. Junior lawyers report feeling isolated and unable to ask for help when they need to, something that was much easier to do when you were sitting next to a colleague. This has added to already high work-related stress levels. The social aspects of work, the chat by the coffee machine, the Monday morning greetings and low-down on your weekend and lunch time catch ups no longer exist. This makes it harder for many junior lawyers, particularly trainees, to integrate into teams, adding to the feelings of isolation. Junior lawyers also learn significantly by simply being in the office and listening to senior colleagues handle clients and manage cases.

Some junior lawyers were furloughed causing further feelings of isolation, uncertainty and stress. On return to work following a period of furlough, junior lawyers have reported not being given support by employers to gradually return to work and have been faced with high workloads and long working hours as a result of redundancies made by their firms.

I was furloughed for six months from March – September last year which was such a shock having not been qualified for very long. I wasn't sure from month to month whether I was going to go [sic] asked back to work so it was a really uncertain time – not knowing whether I would be able to go back but also not knowing whether to apply for another job (and also, if anything would be on the market last year). Solicitor, Private Practice

When I came back I felt the need to prove myself after furlough knocked my confidence. And now [I have] ended up quite burned out which has made my anxiety and depression the worst [its] ever been. Trainee Solicitor, Private Practice

Working from home consistently has been a challenge without a formal office environment – however it has given me flexibility and balance which I didn't think would be possible. Solicitor, Private Practice

With a likely shift to more remote working post-pandemic, employers must learn from the pandemic and support the wellbeing of junior lawyers through these challenges. In the 2019 JLD Survey, over three quarters of respondents thought their employer could do more to provide help support and guidance in relation to stress and mental ill-health at work. Junior lawyers want choice and flexibility. The overwhelming feedback from junior lawyers is that they enjoy the flexibility of working from home, but they do not want to do it all the time as it has a negative impact on their mental health as well as their professional development.

So access to the office is vital as well as support when working from home. How is that achieved?

Employers must not simply pay lip service to employee mental health. Whilst perks like free yoga and meditation classes have a place in a firm’s wellbeing initiatives, there is little point in having these alone if junior lawyers are overworked and there is a culture where taking time out of a busy day to attend such initiatives is seen as a waste of time. Partners and senior members of staff should actively encourage junior staff to take time out and avail themselves of these initiatives as well as leading by example by taking time out themselves.

The firm has offered things such as yoga but we have too much work in the team to be able to engage with this (due to redundancies and a delay in recruiting from pre-pandemic) – so it's all a bit arbitrary. Solicitor, Private Practice

Working from home it initially felt so much more difficult to seek supervision compared to asking in person, as picking up the telephone you don’t know when your supervising solicitor is otherwise engaged, while writing emails seems to take so much longer. Scheduling regular supervision sessions has made my work so much easier and I am delighted my senior colleagues continue to help me as busy as they are. Solicitor, Private Practice

Senior colleagues should also be mindful that when junior lawyers are working remotely it is much harder to notice if they are overworked, stressed or suffering from mental ill health. Firms should have systems in place where supervisors and partners are actively checking in on junior staff to ensure early signs of mental ill health and stress are picked up and addressed. Junior lawyers who have had support systems like these in place through the pandemic have reported being much happier at work despite missing the office environment. Many firms have been offering staff free and confidential professional counselling sessions which can also be beneficial for junior lawyers who are suffering with mental ill-health or struggling with remote working.

Legal services has always been a profession where being overworked and burning the midnight oil is considered a right of passage, something to wear as a badge of honour and accepted as part of the job. If you cannot “handle it” you were told you weren’t cut out for the demands of being a lawyer. Yet the statistics show that the badge has been worn at the expense of lawyers’ mental and physical health. As there is greater conversation and awareness of mental health there is a slow shift, with junior lawyers challenging that long established status quo and demanding work life balance and a healthier working environment. Many firms are keeping up with this demand and as a result will retain talented junior lawyers and secure a sustainable future for the firm. Firms that don’t and remain complacent will undoubtedly see talented junior lawyers leave for greener pastures. ■

Manda Banerji

Manda Banerji

Chair of the Junior Lawyers Division

JLD committee members | The Law Society The Junior Lawyers Division (JLD) represents a membership of around 70,000 individuals which includes LPC students, LPC graduates, trainee solicitors, solicitor apprentices and solicitors up to and including 5 years PQE. To find out more and receive updates sign up through My Law Society. About the JLD | The Law Society