Health and Wellbeing in the First Year

Abstract

Research suggests that persons practicing within the legal profession are at a risk in terms of their mental health and wellbeing. The most recent and largest Australian survey of solicitors, barristers and law students found that almost one third of solicitors are affected by depression. Other research conducted in the United States suggests the depression rate among lawyers is one of the highest of any profession and approximately three and a half times that of the general population. A culture of high professional and personal demands; of being 'strong' and 'in control' affecting help-seeking behaviour; ethical dilemmas inherent in the work; personality traits such as perfectionism; a competitive and combative environment; and very long working hours are some of the issues thought to contribute to the risk. Further, the traditionally adversarial paradigm still predominant in legal practice may be a risk factor in itself. It may be that the recent rise in non-adversarial justice and therapeutic jurisprudence has the potential to reduce stress and depression in the profession. Seligmun, Verkuil and Kang describe the adversarial system as a 'zero-sum game' whereby one can only advance or gain at another's retreat or loss and blame much of lawyers' unhappiness, dysfunction and depression directly on the adversarial system.

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