Fighting a common enemy
Cite as: October 2010 84(10) LIJ, p.6

The LIV is helping lead the way in the fight against mental illness within the profession.

On 24 September 2009, federal Attorney-General Robert McClelland said in the annual Tristan Jepson Memorial Lecture that: “It is imperative that the entire legal profession collaborates to combat depression, to ensure that depression is acknowledged and addressed if and when it arises”.

Recent studies report that lawyers are significantly more likely than the general population to experience depression. The LIV, like many others, has been working hard to implement a number of mental health initiatives.

In 2009, the Brain and Mind Research Institute study Courting the blues: attitudes towards depression in Australian law students and legal practitioners found that almost one-third of solicitors and one in five barristers surveyed suffered from clinical depression. The study also found a general reluctance to seek help for mental health issues.

Some commentators suggest that the nature of the legal profession, which is adversarial and conflict-driven, together with attributes shared by lawyers, including perfectionism and pessimism, put lawyers at higher risk of depression.

Australian of the Year and international mental health expert Professor Patrick McGorry said recently that hourly billing and key performance indicators based on how much money lawyers bring in may be contributing to the high rates of depression in the profession.

The Tristan Jepson Memorial Foundation has been leading the way since 2005 with its objective to decrease distress, disability and the causes of depression and anxiety in the legal profession. George and Marie Jepson established the foundation following the tragic suicide of their son Tristan, a young lawyer who had been suffering from severe clinical depression, unknown to most of his family and friends.

Suicide is the most common cause of death in Australia for people aged 25-44, according to the Australian Institute of Health and Welfare National Mortality Database. Mental illness, particularly where caused by workplace stress, is also widely recognised as an economic issue and a major contributor to absenteeism.

Mental illness also affects long-term physical health and contributes to conditions such as heart disease. We understand that mental illness, notably depression, is one of the main reasons that lawyers make claims through their income protection insurance.

Growing awareness about mental health, and the stresses associated with legal practice, means that depression and mental illness cannot be ignored, and thankfully there are signs of a culture shift in the profession.

Lawyers are being challenged to recognise that depression is not something to be ashamed of or embarrassed about and is not a character flaw or a sign of weakness.

Resilience@law, a collaboration between Allens Arthur Robinson, Blake Dawson, Clayton Utz, Freehills, Mallesons Stephen Jaques and the College of Law, is a recent noteworthy addition to awareness-raising initiatives in this important area (see “Courage and Resilience”, October 2010 LIJ p21).

The resilience@law DVD aims to provide law students, lawyers and partners with facts about depression and anxiety, strategies to prevent or manage symptoms and information about available treatment, support and resources and to remove the stigma.

The DVD and accompanying CPD materials developed by the LIV are available by contacting HumanResources@liv.asn.au.

The LIV has undertaken a number of initiatives, including the Mindfulness CPD series and Mental Health First Aid courses, factsheets on workplace and personal stress, depression and drugs and alcohol and the sold out Young Lawyer Hot Topics event on managing stress, anxiety and depression.

Practitioners can also access confidential counselling services through LawCare, with the LIV covering the cost of the first consultation for LIV members.

The LIV has also made a major submission to the national legal profession reform taskforce, advocating reforms to health disclosure requirements for practising certificate renewals and admission to practice.

We propose a new approach to mental capacity under the national legal profession reforms, which balances the protection of legal services’ clients with the rights and welfare of lawyers. A new approach must take into account human rights principles, particularly relating to non-discrimination and privacy.

The LIV believes that the best approach to mental illness is based on maintaining mental wellness and preventing serious health problems occurring. We actively support a therapeutic model that encourages practitioners to seek help from qualified health professionals.

I am pleased to report that at our initiative, the Legal Services Board, Board of Examiners and the Victorian Bar have agreed to work with the LIV on a joint project to formulate a new approach to the handling of disclosure of health issues in the Victorian legal profession, which we hope will lead to Australia-wide changes in current practice.

Momentum is growing but there is much work ahead of us. We look forward to announcing a comprehensive strategy to promote mental wellbeing in 2011.

To contact LawCare and to access factsheets on workplace and personal stress, depression and drugs and alcohol see the personal support services listing in the member services and resources section at www.liv.asn.au/Membership.

Source: Law Institue of Victoria