Canadian Lawyer

April 2025

The most widely read magazine for Canadian lawyers

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FEATURE 8 www.canadianlawyermag.com CROSS EXAMINED "I said, I'm writing to you not as Michael Herman, partner and general counsel of the firm, but as Michael Herman [the] person," he says. "And I, for the first time, disclosed in this email my experience and why, therefore, this initiative was so important." He hesitated before sending it. "I feel like I had my finger over the cursor send for about 15 minutes," he says. "It was probably about three seconds, but [I thought to myself ], 'Do I know what I'm doing here?' But I pressed send." When he checked his inbox later, it had exploded. "What was so moving to me and so affirming in the decision I had made was that I, for the first time, realized just how many people are either affected directly [by] challenges that they're experiencing … and/ or have loved ones or close friends or other family members [who] are going through really difficult times." That personal message marked a shift. Herman would go on to speak publicly at legal conferences, including a memorable first talk at a CBA event in Regina. Later that same day, he received an email from an attendee: "I've really been struggling… I've been afraid to reach out for help. I listened to you ... and I went out [and] I call[ed]… and said, I need help." "That email was what made everything worthwhile," he says. Herman eventually shared his story in The Right Not to Remain Silent: The Truth About Mental Health in The Legal Profession, recently published by LexisNexis. Building a culture of support Herman didn't stop at telling his own story. In early 2021, he reached out to other major law firms to create an informal mental health collaboration. "The perspective that everyone has brought ... is that mental health is not a competitive issue," he says. "We should be sharing with each other what we think is helpful and the 'good, the bad, and the ugly' about initiatives and programs firms have run." The goal is to go beyond awareness – to embed real systems that support employees. "Leaders need to model the behaviour as best they can," he says. "People within an organization are looking to leaders to show that it's okay to talk about these things." At Gowling, more than 150 people across the firm have been trained in mental health first aid. "It's people from across the spectrum … partners, associates, business support people," he says. "We also started with leaders, so that they understand what it takes for someone … to come forward." Advice for others For anyone considering going public with their own struggles, Herman doesn' t sugarcoat the risks – but he stresses the need for connection. "I was one of these people who always said I don't stigmatize those who may have depression or anxiety or other mental health challenges… What I didn't realize is that, when it came to me, I bought into [the stigma] completely... I was weak. I was to blame" "Yes, it's scary," he says. "Yes, you're putting yourself into a vulnerable position … but no one should have to struggle in silence." He encourages people to reach out, even if it's not to someone at work. "If you can't find support internally, go outside," he says. "Come to people like me. Reach out to your member assistance program. Talk to someone. Because when we struggle in silence alone, invariably, it's going to end badly." A lifelong journey Even now, Herman doesn't consider himself "recovered." "As far as I'm concerned, the recovery will go on for the rest of my life," he says. "I'm never … 'there.' The journey continues." But by being open about that journey, Herman continues to push back against stigma and isolation – one conversation, one email, one honest moment at a time. SHARING HIS JOURNEY The Right Not to Remain Silent: The Truth About Mental Health in The Legal Profession contains a series of first-person accounts by lawyers living with mental health and addiction issues. Authors include: Justice George R. Strathy Justice Michele Hollins Beth Beattie (also editor), Ontario Ministry of the Attorney General Carole Dagher (also editor), former VP of legal at Loblaws Thomas Telfer (also editor), law professor at Western University

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