Mental Health in Law Firms

Mental Health in Law Firms

Mental health seems to be at the forefront in many social media platforms from posts from psychotherapists offering bits of advice on self-care to individual social media influencers posting about their mental health journey. But are we really prioritizing our mental health, especially at our workplace in the Toronto private law firm sector, where stress is rampant? Below is a glimpse of what Toronto lawyers and their staff are currently facing post-COVID-19, along with tips on how to cope and feel supported.

Since COVID-19 hit our world, a lot has changed in our workplaces, particularly, how Toronto law firms now practice law and how they are managed.

Post-COVID-19 Stressors

Self-Gratification

We live in a world of instant self-gratification and since COVID-19, it has increased exponentially. In this new world of post-COVID-19, people’s expectations, including our own, have increased. This means that we answer text messages and emails within seconds or else we feel inadequate if we don’t do so; it means that clients, opposing counsel, and third parties want a response to their query within seconds. It means that we send and answer emails after business hours and on weekends, rather than waiting until normal business hours to do so.

Working from home

Many Toronto lawyers and their staff work now from home or on a hybrid model. The Courts now hold the majority of their hearings virtually by video conference and client meetings are conducted by Zoom and are no longer in person. Working from home has many benefits but one of its biggest downfalls is it is easy to blur the lines between personal time and work time, feeding into quick response times to messages and emails after hours. It is easy to stay in the comfort of your home and not go outside for a break.  We have heard of spouses or partners that expect that their significant other that works from home will balance domestic and caregiving duties while working. Before COVID-19, virtual hearings and meetings were non-existent, and working from home was very limited or non-existent. Everyone had to physically go to Court or go to into the office to work. Once 4:30 or 5:00 p.m. hit, the majority quit for the day and commuted home. Court hearings were adjourned if not all argument was heard that day or meetings were continued the next morning. There was an expectation that the work day would end (even if it was later than 5:00) and our personal time would kick in. There was no expectation that the one who works from home would be expected to complete domestic duties and/or caregiving duties while at work. This is no longer the case.

Navigating Practice Directions

Post-COVID-19 also brought lawyers and their staff new practice directions in all of the eight Regional Court Jurisdictions. Initially, when COVID-19 started, each region issued an emergency “Notice to Profession” and as the provincial government changed health protocols, new Notices to Profession were issued, superseding the original Notice.  Now, post-COVID, the latest “Notice to Profession” has remained in most of the Regional Court Jurisdictions in Ontario, with updates being issued from time to time. In addition, the original Practice Directions, issued pre-COVID, have remained in most of the Regional Jurisdictions. In addition, on February 1, 2024, the Chief Justice of Ontario issued a Consolidated Provincial Practice Direction mandating, among other things, the delivery of a Compendium for motions and the use of Case Center. In short, lawyers and their staff now need to navigate through changing Notices to Profession and Practice Directions in addition to the Rules of Civil Procedure just to know what the procedure is to bring, and ultimately have heard, a proceeding.

Online Filing

Post-COVID also brought online filing of Court documents and limited in-person filing at each of the Court office locations, resulting in less personal contact with Court staff by phone to answer questions from lawyers or their staff. Questions can now be posed in an email to the “Civil Filing Office” of each Court location but at times, they go unanswered for many days. We also miss out on the personal connection with Court staff.

What does this all mean? It may mean that lawyers and their staff are being stretched beyond their human capacity, often resulting in stress and burnout. Lawyers are already dealing with very stressful situations, such as client acquisition and retention and keeping up with the changing laws, and now they are also having to deal with additional pressures of post-COVID-19. If you add to this, an uncooperative or berating opposing counsel or party or not having proper support, then it is easy to see where this is all heading.

Coping with Stresses

The good news for lawyers and their staff is that there is a way to cope with all of this and feel supported.

Self-Care

What may be considered a mental health quote is from Michael Hyatt where he states that “you can’t take care of anyone else unless you first take care of yourself.” The most important mental health initiative, in my view, is self-care and self-love and learning how to normalize this. This means putting your mental health first in order to focus on work and family. If you do not put yourself first, then you may eventually burn out and where will that leave you and your career and how are you going to work and care for your family?

Self-care does not need to be overwhelming. It just needs to start. It can start with something as small as waking up and being grateful for another day or wearing your favorite outfit and then moving on to bigger self-care initiatives.

Self-care can also be:

• Being kind to yourself. We are harder on ourselves than we are on others which drives up our expectations of ourselves. Letting go of that mindset and, instead, being kind, will take off a lot of pressure we put on ourselves.
• Taking breaks during your work day outside of the office. This could be sitting outside or inside in the lobby of your office building away from your laptop.
• Having downtime for yourself – only you and no spouse/partner/loved ones or kids. It may take some effort because someone has to watch the kids or care for a loved one, but it can be done. Some examples are:
  • a 15-minute break to go outside for a walk or sit in your backyard or on your balcony and take in what you see and hear;
  • soaking in the bathtub with candles, music, or a book;
  • reading, journaling, gardening, painting, or any other solo hobby;
• Planning and eating healthy meals;
• Exercising at least 2-3 days per week. It can be anything in movement such as walking or yoga;
• Making time for your mental or physical health by going to see healthcare providers on a regular basis (i.e. family physician, dentist, nutritionist, therapist, etc.) to prevent serious health issues; and
• Joining local recreational programs such as intramural sports, yoga classes, cooking, classes, etc.

Setting Boundaries

In order to implement any self-care strategies that require your time and energy, you will need to normalize setting boundaries at your workplace with colleagues, managers, and clients. Try to communicate these boundaries and why you need to set them. This may be difficult at first, but once you implement the boundaries and stick by them, you will see that eventually managers and clients will respect your boundaries because they care and respect you. If they do not, then consider a lateral move in your law firm or a job change if the issue is with management.

Setting boundaries can be:

1. Be honest with your clients or manager. Let them know that unless it’s an emergency, you will not be working past 5:00 p.m. or whatever time allows for your daily self-care needs. Obviously, there will be times that you will need to give up some of your self-care time for work-related items but generally, let them know what your hours of work are.
2. Do not answer work emails past a certain time. Clients or managers will eventually learn that you will respond first thing in the morning during regular business hours.
3. Ask your manager for assistance.
4. Decline a project or work request. If you cannot decline, then suggest that the deadline be extended to a time when you can take it on or suggest that other work be put on the back burner.
5. Decline some social client events.
6. If you are a manager, delegate more work to your staff, if they are capable.

Other General Mental Health Initiatives:

• Consider hiring help in your home to assist with home maintenance or care for your children or elderly parents so that you do not feel stressed by the time you start work;
• Have a good night’s sleep and promote good sleep habits;
• Spend time with people (colleagues, friends, or family) who truly support you and your values and cutting out the people who don’t;
• Choose a workplace that supports you holistically (i.e. values you and your contributions, supports your career goals, etc.) and promotes mental health – see the section below, “What mental health initiatives can an employer law firm implement?”;
• Practice your faith;
• Let go perfectionism. Not everything has to be 100%…80% is okay too sometimes;
• be true to yourself in knowing your capabilities. Do not take on a job or project that you cannot handle;
• Book off of work for a hair or nail appointment or have a spa day;
• Take a staycation or a vacation;
• Take a sabbatical;
• Know when you’re burning out and rest when you can. Set boundaries at work (see pointers above) so you can feel better.
• Adopt a pet; and
• Volunteer at your local food bank or church or seniors’ residence.

Getting Professional Help

If you’re not coping well and continue to feel unsupported in your workplace, seek professional assistance from a psychotherapist. A psychotherapist will assist you with many issues in your workplace. If those issues do not get resolved, a psychotherapist can assist you with a job change.

What mental health initiatives can an employer law firm implement?

In addition to individual mental health initiatives noted above, law firm employers can also assist with their lawyers’ and staff’s mental wellness. Mental health initiatives need not be complicated or expensive. It can be as simple as promoting a healthy work environment where employees feel supported by management – supported in their contributions to the firm’s success (and not only in high billable hours or how many clients they bring in) or supported in giving employees work that aligns with their career objectives. Employer law firms can also support their employees by offering flexible work hours, work-from-home arrangements, determining how they can support employees that have additional responsibilities such as children or are caring for their elderly parents, or promoting a better work-life balance.

Law firms can also promote a mental wellness environment. They can do this by encouraging its lawyers and staff to take breaks throughout their day (and having a code to docket to just for breaks), encouraging its lawyers and staff to take their allotted vacation time or take their full maternity and paternity leaves of absence. Partners themselves can set an example by implementing some of these initiatives. When employees know their employer supports mental wellness generally, their mental health wellness increases, which results in higher productivity.

Other initiatives can include time off for “mental wellness days” (perhaps 2-3 days per year in addition to sick days), paying for psychotherapist treatments for its lawyers and staff, or purchasing additional benefit coverage to increase the yearly limit for psychotherapy.

Mental Health Initiatives at Walker Law

Walker Law promotes a healthy work environment where its employees feel supported by management. They currently offer flexible work hours, work-from-home arrangements, and other types of accommodation.

In addition, Walker Law implements employee satisfaction surveys to address a better work environment (there is always room for improvement), better work-life balance, and other mental health initiatives.

Walked Law has “mental wellness days” where you do not need to be physically sick to take a day off, in addition to sick days. It also offers some coverage for psychotherapy sessions and sessions with other self-care professionals through its employee benefits platform.

Walker Law is currently hosting a mental health workshop with a psychotherapist dealing with mindfulness and self-care. They are also looking into subscribing to a mental wellness app geared for the workplace, which will assist its employees to prioritize mental wellness.

Conclusion

With all the stressors that Toronto lawyers and their staff face, poor mental health will not only lead to burnout, which will necessitate a sick leave, but it will also exacerbate their current physical health. This can lead to other chronic, and sometimes fatal, conditions such as cancer and heart attack. We can only hope that with the assistance of employer law firms, lawyers and their staff will make their mental health a priority.