INTRODUCTION

This chapter discusses research on stress, bullying and harassment in the legal profession, with a particular focus on the results of a national study commissioned by the Law Council of Australia (the Law Council) and conducted by the independent research consultancy, Urbis. One of the largest research projects of its kind undertaken in the Australian legal profession, the study involved almost 4,000 lawyers drawn from all States and Territories. The aim of the study was to explore the drivers of attrition from the legal profession (or sectors of the profession) and whether these drivers differed for female and male legal practitioners. The results of the study (published in 2014) are now being revisited, focusing on data that explored the extent of bullying and sexual harassment in the legal profession and other risk factors which are associated with poor mental health in the workplace.

We start by providing some context for the analysis. We draw on recent research which is adding to the mounting body of evidence that indicates that working in the legal sector can be a risky business. The results of the Law Council and other studies consistently show that certain negative behaviours and stress factors in legal workplaces are endemic, systemic and damaging to people‘s health and wellbeing.This raises serious questions about the level of commitment to work health and safety principles and practices within the legal sector, and about the willingness to take meaningful steps to ensure working in the legal profession is both safe and provides a sustainable career option for lawyers.

POOR MENTAL HEALTH IN LEGAL WORKPLACES

One in five Australians aged 16 to 85 years experiences a mental illness in any given year. Almost one in two Australians (45 per cent) will experience a common mental disorder in their lifetime. It has been estimated that 8.6 million people in Australia will experience a common mental disorder in their lifetime (based on 2016 population). The most common forms of mental illness are depression, anxiety and substance abuse disorder. Oft en these disorders occur in combination.