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Five - The ‘S’ Word: Stress and the Legal Profession

Published online by Cambridge University Press:  12 March 2021

Emma Jones
Affiliation:
University of Sheffield
Neil Graffin
Affiliation:
The Open University
Rajvinder Samra
Affiliation:
The Open University
Mathijs Lucassen
Affiliation:
The Open University
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Summary

In this chapter the conceptual and theoretical definitions of general stress will be briefly described to provide a grounding for an understanding of stress in the workplace. Following this, stress in the workplace (work stress for brevity) will be defined to more closely hone in on this study's focal area – stress in the legal profession – and the practical realities of stress in the legal workplace will be explored.

In the findings described in this chapter the focus will be, first, on how participants conceptualized and identified stress in practical terms as it manifested in their daily working lives. Second, the descriptions of key workplace (and personal life) stressors and destressors will also usefully inform discussion about the factors that contribute to, or can mitigate, stress at work. Third, notions of the typical reactions and responses to experiencing highly stressful conditions in the workplace and in legal work will be examined in depth. Finally, consideration will turn to how best to promote positive responses for those in the profession and a consideration of how to better address the issues and stressors raised.

The ‘S’ word

One of the most commonly adopted definitions of stress coined by Lazarus and Folkman (1984, p 19) states: ‘Psychological stress is a particular relationship between the person and the environment that is appraised by the person as taxing or exceeding his or her resources and endangering his or her well-being.’ There are some key components of this conceptual definition that are relevant to consider. First, the inclusion of cognitive appraisal by the person means that stress involves perception and subjective interpretation. As a result, things that may be perceived as stressful (stressors) will vary from person to person based on an individual's appraisal of their environment and context. For example, while one barrister may view being self-employed as freeing and exhilarating, another may interpret this as resulting in financial insecurity and find it highly stressful. Secondly, this definition implicitly involves a consideration of coping processes in relation to whether an individual considers such stressors to be ‘taxing or exceeding his or her resources’. For example, one barrister may feel the financial skills needed to maintain self-employment are outside of their skillset and may feel highly stressed by this, whereas another may feel equipped in their skills regarding this aspect of their profession.

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Publisher: Bristol University Press
Print publication year: 2020

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