Pressure and workload, competitive nature to access the profession and the need to progress from the junior role impact the mental health of lawyers, causing disorders of varying severity.
For years, the mental health of lawyers has suffered a process of stigmatization that, due to its long-standing nature, seemed impossible to resolve and close.
The first barriers were raised by the legal professionals themselves.They were unable to verbalize and cope with their symptoms with medical or psychiatric help. These barriers that affected the conditions and times of application of treatments as well as the possibilities of recovery, have been disappearing.
If in the past it was common not to openly deal with medical problems to avoid cutting off a rising professional career, at present a report carried out by and for this group reflects that 33.3% of those surveyed think that their work within the sector legal negatively affects your well-being.
For Almudena Arpón de Mendívil, partner at Gómez-Acebo & Pombo and president of the International Bar Association (IBA), the “good news” is that attention is now beginning to be paid to mental health and well-being: “Through our commission of professional well-being, we are giving visibility and raising awareness among law firms of the importance of supervising and correcting harmful situations such as scheduling and workload distribution or lack of agenda control. Lawyers must take care of themselves and set their limits.
This should happen, above all, in young lawyers. While global studies by the IBA ensure that 10% of those under 35 years of age have had suicidal thoughts due to their work, a recent report by the American Bar Association (ABA) confirms that lawyers are twice as likely to think about suicide than other professionals, especially young ones.
The worst thing about this issue is that there is a “certain discordance” between what the firms say they are doing and the perception of the professionals. This is stated by Steven Richman, co-chair of the IBA welfare commission, and Sara Carnegie, head of the IBA’s legal principles and research unit in the United Kingdom, for whom there is no “substantial improvement” in the situation of the IBA. lawyers in relation to mental illnesses in recent years: “Until the way in which our profession approaches business changes (billable hour, criteria for access to partner status, impossibility of disconnection 24 hours and 7 days) There will still be stress factors.
Richman and Carnegie agree that law firms are beginning to realize that if due attention is not paid to this issue, their well-being will be at stake and the firm itself will be exposed. Also, they add, complementary training is necessary from the human resources department. “It is very important to provide help in the early phase, something that will allow the disqualification phase.”
Treatment
The use of specific terminology is a key factor. The director of the López Ibor Clinic, Ignacio Basurte Villamor, assures that “mental illness” has a connotation of something abnormal or pathological that entails greater stigmatization. In contrast, “mental disorder is more inclusive.” Unlike mental illness, which is associated with very serious conditions and a clear biological basis, mental disorder reflects a “more comprehensive” approach that encompasses a wide range of mental health conditions, from mild to severe.
Another factor to highlight is the treatment. Mental illnesses require a multifaceted approach with a combination of medication, psychological therapy and, sometimes, some type of interventions such as hospitalization. The treatment of the disorders “varies according to the severity and typology.” Most importantly, diagnosis and treatment are personalized taking into account the unique context, history and individual needs.
If the expected results are not achieved, consideration by the corresponding institution of permanent or temporary incapacity will be essential. The request for recognition of permanent disabilities must be addressed to the Provincial Directorate of the National Social Security Institute through the disability assessment teams (EVI).
Omar Molina, director of the labor department at Augusta Abogados, explains that, if medical leave due to depression or stress is directly connected to the job, “it is very likely that it will be considered an occupational disease.”
The labor expert assures that it is very important to have “an evaluation of psychosocial risks.” The reason is that “any lawyer exposed to these situations for a prolonged period can end up developing a pathology that affects his or her ability to work.”
For his part, the director of the López Ibor Clinic considers that the disqualification of a legal professional is a “serious measure” that should be taken only when the ability to perform functions in a competent and ethical manner is seriously affected. The disqualification decision must be based on “a balanced and exhaustive analysis of the professional’s circumstances and the nature of said condition.”
There are some examples in national jurisprudence that shed light on this issue. The Provincial Court of Madrid ruled that “the disqualification of lawyers for reasons of mental health can only be imposed if the crime committed is related to their profession.” He adds that it is relevant to consider that “the mental health of a lawyer is not the subject of litigation unless it affects his legal capacity.”
Furthermore, this judicial body recognizes in another ruling that the expert opinion “can be decisive”, since a reactive anxiety disorder can influence the lawyer’s ability to practice his profession.
Before reaching disqualification, medical and psychiatric specialists, bar associations and legal professionals agree on the importance of prevention and having a proactive approach that improves the work environment and one’s own policies. Among other measures to take into account, the promotion of work-life balance, personalized work schedules, breaks and vacations, and work flexibility stand out. Also, training recognizing all signs of stress, regular evaluations and access to health resources and services. In the opinion of the director of the López Ibor Clinic, Ignacio Basurte, investing in mental health is “the key to success” and the sustainability of any legal organization. For this reason, he advises the essential development of a mental well-being program in the workplace such as the one that Eugenio Ribón, dean of the Madrid Bar Association, and Isabel Winkels, vice dean, have launched. The main lines of action of the ICAM well-being program are the psychological help line, awareness-raising materials, awareness and coping strategies, the well-being training program for offices and the executive coaching processes that provide members with an advisor. certificate. The ICAM is a pioneer in the creation of the Comprehensive Wellbeing Observatory of the Madrid legal profession, a benchmark for other associations. Coordinated by Mariola Quesada, it works hand in hand with an advisory council made up of the College of Physicians of Madrid, the College of Psychology of Madrid, the College of Social Workers of Madrid and the College of Lawyers of Madrid. Its main objective is to carry out the first study on comprehensive well-being applied to the Madrid legal sector through a survey that will allow obtaining qualitative and quantitative data on their state of health and comprehensive well-being.