Understanding definitions. There is a difference between mental health and mental illness. Everyone has mental health but not everyone will have a mental illness. The way we accommodate those with poor mental health may not be the same as how would support someone with a mental illness.
Below is a quick reference to help you with those terms.
Mental health = the spectrum of mental states, from well to unwell
Mental wellbeing (well) = used to describe the positive side of the spectrum
Poor mental health (unwell) = a temporary/situational negative mental state (but still can last many months). For example, feeling particularly low after a difficult life situation like bereavement, or anxious due to work pressure/stress
Mental ill health or illness (unwell) = usually used to refer to a diagnosed mental health condition (e.g., depression) which is typically has a more severe impact on your life, persists regardless of circumstances, and often requires professional/medical intervention
Addressing the stigma in our profession. Throughout the history of the legal profession, there has been a perception that lawyers do not make mistakes and that they are the pinnacle of strength, and achievement. This may result in an unhealthy dynamic where lawyers may believe they need to work hard, even to the detriment of their own personal health, and may often suffer in silence. Over the past few years, there has been a dramatic shift in the profession, with more lawyers choosing not to work in an environment that may negatively impact their physical or mental health. Organizations are also understanding the prevalence of mental illness and the short and long-term consequences on their business.
How to identify if someone is struggling. Having authentic deep conversations and paying attention to others’ behaviors – particularly if they seem to be different than how they would normally present themselves – is essential. If you notice something different, it can be as simple as saying, “I noticed that you may not be acting like yourself lately. You don’t have to tell me why; I just wanted you to know that I noticed, and I care and I’m here if you’d like to talk.”
How to support people who are struggling. In addition to asking how others may be doing, you can ask what they need. While they may not know what they need at that point in time, they know they have an outlet to be heard and to be seen. You should avoid offering suggestions like, “try meditating more” or “try a juice cleanse.” While it may be well-meaning, it undermines what the individual may be feeling or experiencing and may further prevent them from speaking about their illness or challenges. When you know someone is struggling, it is important to check in with them regularly. It’s also important to know what resources exist to support your team.
Think about your team in the broadest of terms. Those who work closely with lawyers are often driven to the same level of performance and standards of perfection which can negatively impact their mental health. There is also a good chance statistically that these team members have 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 on the team and could manifest through behaviors like micro-managing or being curt/dismissive.
Superimposed on top of that is a topic that in its own right is worth exploring, which is the emotional tax or additional burden on marginalized racial and ethnic groups who may also be spending a great deal of time and effort managing the possibility of discrimination, bias or micro-aggressions. There is evidence that this can have a negative impact on their energy at work, but also on their mental health.
Guidance for leaders. As leaders, you can remove the stigma around mental health by sharing your vulnerabilities – whatever those might be – and, in doing so, you are signaling to others that it is ok for them to do so as well. Openly talking about mental illness in the legal profession and educating yourself and your leadership teams enables you to support and respond appropriately. Showing that you are committed to a balanced lifestyle and modeling those behaviors demonstrates that you are committed to leading a healthy team and organization. For more tips, visit our article on “7 ways that the GC can be a mental health advocate for their legal team.”
The vital role of caregivers. As leaders, we should give consideration to those on our team who may be a caregiver for someone close to them with poor mental health or mental illness. Being a caregiver can be emotionally draining, and these individuals may suffer from poor mental health because of that role. There are also practical considerations that may need to be made such as providing time off work as needed, as caregivers may need to be present to support their loved ones more directly.