The previous lesson discussed the story of the Pinsent Masons partner who passed away due to complications of an "acute mental crisis." She was not the first, and unfortunately, likely won't be the last. After the shock of such a tragedy comes the finger pointing. Some say that clients are the root cause of the mental health crisis in our industry. After all, it is they who are willing to pay such a high price for the service that they can then demand the impossible from those performing it. Some blamed law firm culture, while others took aim only at Pinsents for a host of reasons, including their response.

Some argue that the problem starts with law schools which, they note, turn out our future lawyers with enormous student debt, excellent knowledge of what the law is, but very little ability to practice it. Then along came a hypothesis which says the fault lies with the lawyers' psyche, in how they value themselves, and treat all-nighters as a badge of honor.

It's a vital discussion, and there is some truth in all the commentaries. But for all the column inches, there are no real solutions or cures. This is why, in the previous lesson, we reached out to lawyers and asked the direct question: Why don't you just turn the work away? Or at least negotiate the deadline?

It's in the interests of the client, the assignment — and most of all yourself — to say that you don't have capacity to do this job, by this deadline, at this time. If enough people were to say no, there would be a "Not Me Too" movement.

This lesson takes a holistic view, and asks this question: If there's one thing we could do to improve the mental health and well-being of the legal profession as a whole, what would it be?

The answer, we suggest, is empathy. In other words, to see the profession at a people level and reframe client service around empathy and human values. Empathy could — and should — inform the entire attorney client experience. It may be the business of law, but in the end, an assignment is just one person with a problem asking another person for help. As the client and lawyer take the journey together to solve the problem, they just need to look out for each other.

We have a Lean Adviser white paper called "Reframing The 3-Sided Market to Improve Working Wellness." This argues that there is a way to reframe the profession so it works for clients and is healthy and sustainable for lawyers. It starts by dismantling the notion that we operate in a 2-sided market: clients and lawyers. Properly analyzed, there are 3 core elements:

  1. Clients who have problems to solve;
  2. Lawyers who exist to solve the problems (and enjoy doing so); and
  3. Law firms who supply the lawyers to the clients as a business.

This is critical to understanding where the disconnects are. But what does this have to do with working wellness? Everything. The key to addressing the mental health crisis is to understand the disconnects, and then repair them.

The White Paper gets to our purpose as lawyers, how we value ourselves, and then takes a look at the things we weren't warned about when we signed up, and at the human cost of being a lawyer.

It concludes with a 12-point checklist for law firm leaders interested in reframing their relationships with their own lawyers and their clients. Contact Steve Salkin here for your free copy.