For the class of 2020-21, the global pandemic devastated the job market, creating a new hurdle for graduates to overcome. The pandemic also added to a current challenge facing newcomers to the law profession. The concerns for the well-being of the legal sector, especially for young lawyers, is an established debate where blame has been attributed to the inadequate training provided by law schools. But how fair is this accusation, and what are their concerns for the welfare of the next generation of lawyers? According to ‘Lawyers’ Wellbeing and Professional Legal Education' (2006):
‘3-9% of the general population suffer clinical depression, 17-40% of law students were clinically depressed, and 20-40% suffered from other symptoms as well’
What have been the main concerns for young people entering the legal sector?
Numerous concerns have arisen on the topic of wellbeing and the preparation of law students for the legal world. Legal academics, including the American bar association 2006 found three causes for the disturbingly high levels of depression:
Young lawyers typically hold jobs with high pressure and low decision-making capacity, promoting poor morale and health.
In adversarial legal systems, lawyers must use aggression to compete successfully, and one party's win is another's loss.
Large law firms have been accused of being 'profit centres'. Whilst smaller law firms have also not escaped criticism for putting 'making ends meet' before the wellbeing of young lawyers.
Whilst these causes have frequently been recognised, the pandemic has further highlighted that the causes for discontent amongst law students are more complex. For example, the wellbeing of young women during the pandemic has been significantly impacted. After the Sex Disqualification (Removal) Act received royal assent in 1919, it began to pave the way for women to become lawyers for the first time in the UK. One problem signal is the high mobility rate between firms and lawyers leaving the profession. It has been reasonable to blame inflexible working conditions that made it difficult for people with parenting responsibilities, who are (still) typically women. The main reason given by men was a lack of satisfaction. Women provided the biggest reasons as family commitments and a lack of support from their managers. Although in 2021, a shocking statistic reflected that over half the leadership in law firms was male, issues affecting female students and young solicitors are less likely to be discussed when there is a lack of female leadership to provide empathy and support.
Conditions such as endometriosis are worth mentioning, with it being its awareness month, as this could affect 1 in 9 students. The research into the effect this has on those in legal education is yet to be widely researched. According to the Law society, women have represented more than 60% of entrants into the solicitor profession since 1990. Yet while just more than half of the practising solicitors are female, women account for only 30% of partners in private practice. In Clifford Chance's 2020 gender pay gap report, it revealed that, on a mean basis, women were paid 65.7% less than men in 2019 – an improvement of 3.2% on 2018's figure. Looking at the moral reasoning of lawyers, Janoff found that the first year of law school had an insignificant effect on men's moral reasoning but a substantial effect on women.
What actions have been taken to combat wellbeing concerns?
As early as 1991, the Law Society of NSW established LawCare, a counselling service for lawyers and their families, recognising increasing stress levels in the profession. In regards to Women’s well-being, particularly young women with families, many companies have responded to the need for more online education support. With more work opportunities being online. For young people, regardless of gender, it is also important that education providers are aware of their lifestyle commitments. Most law students work a part-time job alongside internship opportunities, law events scheduled for weekends or evenings make it difficult for students with weekend work or who have children. National Law firms and the college of law have collaborated to establish the Resilience Law initiative. An educational module raises awareness and provides strategies and resources for dealing with mental health concerns. Several law school professional associations and workplaces have also introduced counselling services, mindfulness and exercise classes and training on mental health issues.
Conclusion
Most lawyers complete a professional legal training course after graduating from university. However, it is unlikely that brief role-plays, drafting, and practical exercises adequately prepare trainees to face the competing pressure of managing partners and colleagues in their firm, clients, other lawyers and the courts in their practice. More research is essential to how students can now be supported to adapt to a hybrid world, the benefits and challenges. Some debates assume a continuum between doctrinal legal education and practise legal training. For example, both the Pearce Report (Pearce, Campbell & Harding, 1987) and the McInnis Report (McInnis &Marginson,1994) critiqued the slowness of law schools in introducing legal skills into the curriculum. With more online open days, tutorials and online internships being provided since 2020, it is safe to say support for students and young lawyers' busy lifetimes is improving. However, we still have a long way to go to understand the needs of the pressured and competitive environment, which can be the legal sector.
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