Canadian Lawyer - sample

w w w . c a n a d i a n l a w y e r m a g . c o m M A Y 2 0 1 9 17 Among the key findings: • 20.6 per cent screened positive for hazardous, harmful and potentially alcohol-dependent drinking; • 28 per cent experienced symptoms of depression; • 19 per cent showed anxiety; • 23 per cent exhibited stress. Moreover, a 2018 Canadian study found that higher-status lawyers in large firms report more depression than their lower- status colleagues. That's at odds with other professions, where the higher status you achieve, the lower the likelihood of a mental health issue. To state these findings slightly differently, it means that high-earning rainmakers are at risk of suffering depression. The above studies and statistics should concern those who manage law firms, since a law firm is a collection of highly talented professionals whose success or failure depends on how well its lawyers perform. The growing mental health crisis is not lost on legal regula- tors and bar associations, which have been taking a more pro- active role in the mental health of their members. Part of the problem is that law is a high-pressure, competi- tive and adversarial environment where you are trained to be a pessimist. Not only do you fight competitors for business, but competition within law firms for recognition can also be intense. The Canadian study found that overwork and work-life conflict were two stressors that added to the problem. Daley says that, when it comes to address- ing mental health in the profession, "I think institutionally, we are moving the needle." Legal regulators such as Nova Scotia, Ontario and B.C. have undertaken several initiatives to reduce the stigma of mental illness and help lawyers who are experiencing a mental issue. "Most of the legal profession is attune to the whole issue," says Diana Miles, CEO of the Law Society of Ontario. The LSO approved its mental health strategy in 2016, and it has been rolling out various ini- tiatives since then. Its Member Assistance Program, which is run by Homewood Health, was named a top program last year by the Employee Assistance Society of North America. Miles says seven per cent of members use the service, com- pared to a two- to three-per-cent average for most employee assistance plans. The LSO plan extends to lawyers, paralegal judges, law students and their families. Miles says the LSO has also expanded its duty counsel program for self-represented lawyers who may be suffering a mental health issue, and its program that oversees a lawyer's capacity to practise has professionals experienced in mental health issues, including a nurse. The LSO is also looking at diversion programs for discipline cases where mental health is an issue, a program that the Nova Scotia Barristers' Society has in place. Discipline is also now considering mental health. A 2018 ruling in Law Society of Ontario v. Yantha, which involved over- billing legal aid, found the lawyer's "depression and alcoholism made him reckless." The tribunal held that "we accept that his depression and alcoholism are causally connected to the misconduct." The lawyer in that case was allowed to surrender his licence and the case is seen as a major step forward in accepting mental health as a defence in discipline cases. The Law Society of British Columbia also has a task force actively pursuing mental health issues in the profession. In December, it issued its first interim report making 13 recom- mendations, including boosting mental health awareness and education among the profession, providing practice advisors and practice standards lawyers with more specialized training and education in mental health and substance abuse issues, as well as establishing a roster of mental health professionals that can be called on when a capacity issue arises. Brook Greenberg, who chairs the task force, says that, when it comes to mental health, lawyers are "reluctant to say I have my own problems because you are supposed to be the problem solver." "Most law firms know that lawyers are their most important assets," says Greenberg. That's why firms need to consider tak- ing a "more active stance" in helping their lawyers. Daley says firms are quick to accommodate lawyers who have a disease such as cancer, but there is a stigma attached when it comes to mental health. "Mental health is treat- able and controllable," he says, noting that "there have been no ill effects" since his diagnosis. "Men- tal health is a disease; it's not your fault." Greenberg adds that removing the stigma is key. He became involved in mental health after being asked to represent a group of students who were concerned that, at the licensing stage, they had to disclose issues of mental health. Such a requirement essentially forces people underground and dissuades them from seeking help when they need it, he says, because they fear the consequences. It's not just regulators tackling mental health; more law firms and legal associations are also getting actively engaged. Cheryl Canning, chairwoman of the CBA's wellness com- mittee, says the CBA has an online mental health education course, which some law firms have made mandatory for their lawyers to complete. "I think this shows real leadership and a commitment to changing the culture," she says. One law firm working to change the culture is Cassels Brock & Blackwell LLP. It has created professional development programs centred on mental health and wellness. Firm lawyer "A 2018 Canadian study found that higher-status lawyers in large firms report more depression than their lower-status colleagues."

• Cover