“Stress isn’t just a wellbeing issue – it’s a risk management concern”

I recently shared why stress is the most common mental health challenge I’ve seen among solicitors working in property law.

As a leader in your business, improving workplace mental health is something you can and should help with.

It’s part of your duty of care to your team to provide an environment and culture that fosters good mental health and wellbeing.

But stress isn’t just a wellbeing issue – it’s a risk management concern.

If you've got people handling huge financial transactions who have just worked a 10-hour day and they’re feeling stressed, anxious, overwhelmed, and potentially reaching burnout, they’re much more likely to make mistakes.

A culture of poor wellbeing could manifest in an error on a money laundering process, or an onboarding of a client.

Staff are more vulnerable to a fraudulent email from someone purporting to be a client, and they could send the money to the wrong place.

These aren’t just fictional tales: we’ve seen stories like these in the legal media involving capable but overworked solicitors.

If you’re in an environment where no one is sharing that they’re finding it difficult or admitting to mental health concerns, then that stigma could prevent you from speaking up.

Supporting your people and creating an open environment is an important part of mitigating the risk of a potential insurance claim, investigation by the Solicitors Regulation Authority (SRA) or complaint to the Legal Ombudsman.

How business leaders can create a positive culture around mental health

1. Lead by example

Model the good behaviours you’d expect to see from your team, such as taking adequate breaks and switching off (I’ve offered a longer list here).

If you’re a young property lawyer and you don’t see your boss going on holiday, switching off, or taking breaks at work, then that’s telling you, ‘That’s how it is around here.’

2. Speak up

Workplaces need to foster a culture that encourages people to speak up.

Start by encouraging people in senior roles to share their own pressures and challenges. Doing this paves the way for other people to do the same.

3. Recognise the risk of poor practice

Understanding the risk mitigation role of managing stress and communicating this with your team, helps them to see good practice as part of meeting their SRA obligations and avoiding potential crises.

4. Acknowledge the pressure

Feeling like the scale of your work isn’t understood is common in the legal profession, and it can be amplified in property law.

Being honest and communicating when times are challenging reduces a sense that they’re the only ones struggling, or that they’re underqualified.

5. Support practically

Have clear policies and support in place to help people who are struggling and share these proactively with your team.

This can include flexible working arrangements, counselling services, mental health first aiders, risk assessments, among many others.

6. Refer for added support

Make your team aware of the internal and external support that they can receive.

At LawCare, we’re here support any member of the legal profession who is struggling to cope, and who needs to talk about their concerns.

We offer a support line, practical guidance and peer support.