7 ways that the GC can be a mental health advocate for their legal team

November 13, 2024

Mental health in the legal profession continues to decline at a rapid pace, with one in three lawyers globally believing that their work has negatively impacted their mental wellbeing. Nearly half of those lawyers would not disclose mental health concerns to their employer out of fear of potential harm to their career¹. For in-house legal teams, the workloads, time pressures, competing client priorities, and the constant pressure to be seen as a business growth enabler while mitigating risk are all contributing to poor mental health. As the functional leader of the law department, the General Counsel plays a critical role in creating an environment that fosters mental wellbeing for everyone on the team - not only because it's the right thing to do, but because taking care of our people just makes good business sense.

Here are 7 ways for GCs and law department leaders to prioritize mental wellbeing on their teams.

1. Educate yourself and your leadership team

For all leaders, it can be intimidating to tread into an area in which we may not have a depth of understanding, but this can be particularly challenging when discussing deeply personal topics like mental health. However, saying or doing nothing will not achieve the desired result either. Consider mandatory training programs for the senior leadership team of your department to equip them with the tools and confidence to support both their peers and their direct reports.

TIP: You may also want to consider specialized Mental Health First Aider training from an approved provider. A workplace mental health first aider is an individual who is trained to provide initial support and assistance to someone experiencing a mental health problem or crisis in the workplace. Mental health first aiders receive specialized training to help them recognize the signs and symptoms of mental health problems and to provide initial support and assistance. They may also be involved in promoting mental health awareness and reducing stigma in the workplace, as well as advocating for policies and practices that support employee wellbeing.

2. Normalize not being OK

We may often connect with team members or with other stakeholders without realizing that they may not be coming to the conversation in the best frame of mind. We can all have bad days or weeks, and you do not need to have a mental illness to experience poor mental health. It's OK to not be OK. Normalizing this not only creates an open dialogue for people to share what may be on their minds, but it also allows us to understand what might be driving certain behaviors or responses.

Tip: Consider being more open about your own challenges, whatever they may be. Humility is a remarkable trait and, as leaders, we can set the tone from the top that not every day or every moment will be our best. You can also bring this forward as a regular kick-off item on your team meeting agenda - how are you really doing today?

3. Show empathy, compassion, and be open to communication

For those struggling with poor mental health or mental illness, coming forward to ask for help can be the hardest thing they have ever done, but sometimes it can be a life-saving moment. If someone does present their challenges to you, it is important to show compassion and direct them to the right resources - while not feeling compelled to solve their problem. While we can sometimes become swept up in the pressures of day-to-day workloads, as leaders, it is essential to be open to all communication, feedback and concerns.

TIP: Be present and limit distractions when connecting with your teams, particularly in one-to-one interactions, as these can be important opportunities for someone to ask for help or raise challenges. Leaders who actively listen and set aside any pre-conceived notions or judgments are much easier to talk to about personal matters. Consider how you physically present yourself when speaking to others. For example, if you sit or stand with your arms folded in front of your chest, you may be giving unintentional non-verbal cues that you are not open to conversation.

4. Embrace flexibility with your work from home policy

While many organizations have moved to a hybrid workplace situation where there is an expectation that team members are in the office at least a few days a week, and those days may be predetermined, those who may be struggling with mental health may find some days that getting out of bed and showering to require enormous effort. However, they may still want to contribute at work, just from the comfort of their home. While employment accommodations are an entirely separate (and important) consideration, and ones you should be deeply familiar with, this tip is simply about having compassion and embracing that some days may fall outside our typical approach to physical workplace attendance.

TIP: We all know that in our web-based meetings, having our cameras on is a great way to engage and connect with others. However, some meetings, particularly those that are one-way informational, do not require that face-to-face connectivity. Giving your team the flexibility when they are dialing in to a web-based meeting to stay cameras-off can be a simple way to ease the pressure of feeling the need to be 'on'.

5. Understand workloads and optimize as needed

There are many reasons why the GC and the senior leadership team should have a clear picture of workloads across the team, including the ability to report on this data as a key metric against performance. In this context, this is about understanding where someone may be headed towards burnout due to heavy workloads that could otherwise be reassessed and redistributed. As a profession, we tend to reward the productive with more work. Your high-performers may be working their way towards burnout if their workloads become overwhelming.

TIP: If you don't have the systems in place to easily assess workloads, such as a matter management system, this information can be gathered through regular check-ins and one-on-ones or through a quarterly team survey. Consider asking the question as a team - "what work should be done by another department or could be done differently?" - with the view that you could further optimize workloads and resources.

6. Promote healthy living and lifestyles

In the legal profession, working long hours with very little personal time has often seemed like a badge of honor - even a bit of a competition - as working extraordinary hours became synonymous with high performance. This is contrary to maintaining a healthy lifestyle and can often lead to burnout, which can result in more serious mental health issues. While there will be moments that require an extra commitment of time, leaders can set the tone from the top by advocating for healthy lifestyles through reinforcing their own commitment to a work-life balance. If you begin every conversation sharing how busy you are, and how late you are working, you may be modelling the wrong behaviors.

TIP: Setting the tone from the top is one of the most important ways to affirm your position on maintaining a healthy lifestyle. Setting boundaries and being clear with your team that it's not only acceptable but they are encouraged to do so, provided the work still gets done, is crucial. Beyond that, you can also consider programs and competitions within the team that help to encourage healthy living. For example, at Dentons, our health and wellness challenge, "Let's Move. Together. Everywhere," is for all members of the firm and can be a fun way to encourage activity and help people find ways to connect with their colleagues beyond day-to-day work matters.

7. Fostering mental wellness for everyone on your team

Your team may include many other professionals such as paralegals, legal operations professionals, administrative support, among others and so it is important to think of your team in the broadest of terms. Those who work closely with lawyers are often driven to the same level of performance, standards of perfection, and short timelines, which can negatively impact their mental health. You may also have members on your team with their own diagnoses. There is also the 'knock-on' effect that comes from working with others who may have poor mental health or mental illness, which can have a detrimental impact across the team. For example, this could manifest through micro-managing, creating false deadlines, or being unintentionally curt or dismissive in communications.

TIP: Creating a 'one-team' culture starts with removing the distinction between lawyers and other professionals. As law department leaders, you can set an inclusive tone from the top by modeling collaborative behavior and ensuring mental wellness resources are available to everyone on the team. While you likely have organizational policies around workplace behaviors, you may wish to consider a working together team policy that sets out collaborative team expectations.

[1] International Bar Association (2024, October). Mental Wellbeing in the Legal Profession: A Global Study. Retrieved November 13, 2024, from https://www.ibanet.org/document?id=IBA-report-Mental-Wellbeing-in-the-Legal-Profession-A-Global-Study