There’s no bar to helping Advocates with mental and physical wellbeing

Ruth Crawford KC, Treasurer, Faculty of Advocates

PROMOTING wellbeing at the Bar is of primary importance not just to individual members of the Faculty of Advocates but also to all those they represent.

Members of Faculty must ensure those they represent have access to the very best objective legal advice, regardless of whether they are corporate or public bodies or private individuals, and regardless of wealth, status, background or location.

Wellbeing is directly linked to professional performance and advocates who are mindful and care for their mental and physical health are more likely to be focused, creative and effective.

Advocates, like many other legal professionals, are frequently exposed to stressful situations, such as dealing with contentious and/or sensitive cases, extremely tight deadlines, voluminous files often sent in electronic format and/or unindexed or the high stakes of their work. The often-sedentary nature of legal work, combined with long and unsociable hours, can negatively impact physical health. Achieving a healthy work-life balance is a common challenge for advocates, exacerbated by the ongoing attempts and worthy intentions to eradicate the backlog of court cases that built up during the pandemic.

The Law Society of Scotland's 2023 Profile of the Profession survey gives context as to the scope of the issues here; nearly two out of three of the Scottish legal professionals who responded had experienced mental health issues in the past five years. More than a third reported experiencing burnout. Faculty is unlikely to be immune from these issues.

Faculty therefore takes the wellbeing of its members and staff seriously, constantly looking to improve the ways it provides support. Our Improving the Culture initiative – an in-depth look at creating ongoing positive change at Faculty – highlighted the strategic importance of prioritising wellbeing at the Bar and the need for a dedicated wellbeing resource. Our subsequent recruitment of a wellbeing and inclusion officer has already paid dividends; advocates now have discreet, easy access to almost instant feedback and support. Those who prefer to seek help outwith Faculty can contact two external professional support practices for free assistance.

Regular lunchtime talks are being presented by our wellbeing and inclusion officer to focus on additional practical solutions to support advocates’ overall wellbeing in the workplace. The most recent session addressed the prevalence of vicarious trauma in legal practice. There is growing awareness of the injury associated with unmanaged vicarious trauma and advocates are particularly vulnerable because of their status as independent practitioners.

Faculty members also have access to industry-specific support offered by organisations like LawCare, which provides emotional support through confidential helplines and peer support networks. It offers resources and training to help legal professionals manage stress, anxiety and depression. LawCare also emphasises the importance of embedding wellbeing into workplace culture to reduce stress and enhance productivity – both key to ensuring advocates continue to promote access to justice to the best of their abilities.

The Improving the Culture initiative also explores how workplace processes and practices can be improved to reduce stress and allow advocates to allocate time more effectively. Among the practical remedies it has implemented are guidelines around best practice on instructing advocates in a working environment that has become increasingly digital.

By offering wellbeing support to advocates – through access to wellbeing resources and via practical solutions – Faculty aims to continue to enhance their professional performance and ensure long-term career sustainability. This will support, enhance and ensure Faculty’s overarching objective of promoting access to justice in Scotland and beyond.

This article originally appeared in The Scotsman.