Book contents
- Frontmatter
- Dedication
- Contents
- About the Authors
- Acknowledgements
- Preface
- Introduction: Unhealthy Justice, Damaged Society
- One Late to the Party? Legal Practice and Wellbeing
- Two Catch ’em Early: Making a Lawyer
- Three Law as a Commodity, Individuals as Packages
- Four The Daily Toil: Interactional Demands and Difficulties
- Five The ‘S’ Word: Stress and the Legal Profession
- Conclusion: Challenging the Status Quo – A Manifesto for Change
- Appendix A Focus Group Participants (Locations, Pseudonyms and Roles
- Appendix B Focus Group Questions
- References
- Index
Three - Law as a Commodity, Individuals as Packages
Published online by Cambridge University Press: 12 March 2021
- Frontmatter
- Dedication
- Contents
- About the Authors
- Acknowledgements
- Preface
- Introduction: Unhealthy Justice, Damaged Society
- One Late to the Party? Legal Practice and Wellbeing
- Two Catch ’em Early: Making a Lawyer
- Three Law as a Commodity, Individuals as Packages
- Four The Daily Toil: Interactional Demands and Difficulties
- Five The ‘S’ Word: Stress and the Legal Profession
- Conclusion: Challenging the Status Quo – A Manifesto for Change
- Appendix A Focus Group Participants (Locations, Pseudonyms and Roles
- Appendix B Focus Group Questions
- References
- Index
Summary
This chapter will explore arguably the most important theme to emerge from the authors’ empirical work, the cultural and structural factors which influence mental health and wellbeing in the legal profession. The term ‘culture’ refers to ‘learned patterns of beliefs, values, assumptions, and behavioural norms that manifest themselves at different levels of observability’ (Schein and Schein, 2016, p 2). It is these patterns that shape, and can be shaped by, the professional identity formation and development of individuals within the profession, as demonstrated by the references to the lawyer persona in Chapter Two. They are also embedded within the way a profession is organized and structured (eg the use of chargeable hours as the basis of billing in many law firms).
As Chapter Two explained, the law school experience has a pivotal role to play in the identity formation of legal professionals, including perpetuating, or even creating, elements of accepted legal culture and constructing notions of a lawyer persona. However, there are a range of other influential factors which also shape the culture of the legal profession, including how lawyers are portrayed within the media and the influence of key stakeholders within the legal profession (such as the Bar Standards Board or the SRA in England and Wales). Culture within the workplace and among colleagues within law also plays a key part in informing how legal professionals act and behave (Holmes et al, 2012). Of course, it would be incorrect to argue that culture always has a negative impact on individuals, but it shapes the way individuals view their role, which is closely linked to how people feel about their jobs, and their performance within them. This, in turn, has direct relevance to both their individual wellbeing and the collective wellbeing of others within the profession.
Alongside the influence of organizational culture, the focus groups demonstrated the sense of commitment which lawyers have to the legal profession itself. This was referred to in Chapter Two, where participants referenced the profession's high status and privileged nature. It appeared from the focus groups that early career employees are willing to tolerate poor working practices to attain the status and anticipated future gains it is perceived as providing.
- Type
- Chapter
- Information
- Mental Health and Wellbeing in the Legal Profession , pp. 61 - 84Publisher: Bristol University PressPrint publication year: 2020