In today’s blog, I delve deeper into The Right Not to Remain Silent: The Truth About Mental Health in The Legal Profession, focussing on Chapter One, It’s Times to Change the Culture of Legal Practice, written by the Honourable George Strathy, Ontario’s former Chief Justice. Please refer to my earlier blog post here for a brief overview of the book.
Simply, the Honourable George Strathy is deeply concerned about the mental health of our profession.
Considering he practiced civil and commercial litigation for over three decades, plus 15 years on the Bench, he has a wealth of experience to draw upon in advocating for change. In this chapter, he not only reflects on his extensive professional experience but also shares personal insights, calling for a shift in the culture of our profession, laying out what this change can look like and how it can be achieved.
Justice Strathy challenges the myth of the gladiator/litigator, where lawyers are expected to enter the legal arena in impenetrable armour, battling over who sacrifices their personal lives the most, who works the most nights and weekends billing with minimal sleep, who remains calm in the face of stress. While winning this battle may bring short-term glory and success, it eventually takes its toll, resulting in long-term suffering. Justice Strathy accurately points out that the glorification of these problematic behaviours has become so normalized in our profession, that it is time to abandon this outdated myth and embrace top-down change in how we address mental health.
He candidly writes that mental health is not simply a personal health issue to be hidden in shame, but rather a crucial business issue, a resource management issue, and a productivity issue, directly impacting the success, productivity, and efficiency of every firm and organization. When lawyers are praised for maintaining the gladiator persona at the expense of their well-being and are given inadequate support to address mental health issues, the turnover rates skyrocket, with many fleeing the profession entirely. Those who remain often face high levels of absenteeism and burnout, ultimately impacting the firm’s bottom line. Undoubtedly, when high levels of psychological distress are swept under the rug, combined with a lack of support, not only do the lawyers suffer but so too does the firm itself.
As Justice Strathy puts it bluntly, “good mental health is good for business.”
Justice Strathy offers practical solutions to bring about meaningful change in the legal profession:
- Leadership by example: Senior lawyers and partners need to be open in discussing their experiences, both positive and negative, in sharing their advice about how to maintain a successful career and good mental health. To successfully dismantle the stigma, they must lead by example in creating effective change as, without it, many will continue to suffer in silence; and
- Practice management training: While many lawyers experience an exacerbation of mental health issues when facing overwhelm in their work, more often than not, it is a direct result of a lack of practice management training. Again, this change must first come from senior leaders in sharing how newer lawyers can better manage their time, which will ultimately make for more efficient lawyers, better client services, and greater success for the firm as a whole. In addition to detailed practice management training, introducing practices and technologies, while safeguarding regularly scheduled breaks and wellness days, will revolutionize our practice.
To highlight the importance of advocating for mental health in the legal profession, Justice Strathy makes an important comparison: “If we were operating a factory, we would not run our machines full out until they break down. Why would we run a law practice that way? People, like machines, require time to shut down from time to time for their own maintenance and recovery.”
This analogy illustrates the critical need to view lawyers’ well-being as a key resource that must be protected, not exhausted. Justice Strathy’s chapter provides a much-needed roadmap for creating healthier, more sustainable law practices where mental health is prioritized.
I highly recommend everyone give this book a read; it can be purchased here. All royalties from the book’s sale are being donated to The Centre for Addition and Mental Health, an organization that continues to provide invaluable support to those both in and outside the legal profession.
Thanks for reading!