Opening Keynote – the culture of law
The keynote speech was delivered by Sam Jardine, a partner at Fieldfisher and a LawCare Champion and focused on the positive aspects of law firms’ culture, how we may reframe our perspectives, reshape our thinking, and improve things together.
The dictionary definition of ‘culture’ is the ideas, customs and social behaviour of a particular people or society; it is largely about human relationships and interaction.
Consider – what do we allow to go unchallenged in our firms? What do we fail to clamp down on that we really ought to? If you let bad behaviour slide or have one rule for the successful and one rule for the rest, regardless of whether the firm has the best cultural strapline, you may well have a dysfunctional culture. To put a spin on a well-known 1990’s song, ‘If we tolerate this, our juniors will be next.’
It is possible to change on an individual and collective level – we need to understand that change starts with us and none of us are trapped; we have more agency and choices than we realise. We all have control over aspects of our life and how we respond or react to situations. With this in mind, we can decide if we still like the law and remember why we went into it in the first place; we can stop blaming ourselves and setting the bar too high.
Give your attention to what we do – tune into the mood around you. Leaders should remember that the law is not a command and control environment with employees as foots solders. Leaders hold responsibility for people’s careers and wellbeing. It is possible to break the vicious cycle.
We need to be curious about the lives of our colleagues and create an environment of psychological safety. How we define ourselves is important. We are human, flawed, and full of idiosyncrasies. Do your best, don’t stress the rest. We need to like ourselves, discover our hobbies and indulge in non-work activities which enrich us and help us to see a new perspective.
We need to realise that not everything is in our control. Do not strive for more – strive for everything in moderation as a balanced approach. Live more simply and value the simple things.
Remember the ripple effect of a single act of kindness – look at simple acts you can do each day for colleagues because you care about them and respect those around you. Start with small changes to change the culture around us – we all have the power to make a difference.
Consider whether chargeable hours, which put pressure on fee earners, add value to clients. Look at alternative billing arrangements – ask clients what their budget is and see if you can work within it.
Move away from an adversarial mentality to collaboration when working with opponents. There is always an alternative approach which may be better for everyone’s wellbeing.
A YouTube video of the opening keynote can be viewed here.
Panel discussion – drivers for cultural change
The aim of this session was to look at drivers for cultural change from a regulatory, risk and legal perspective.
Culture in the law, at its best, is hugely rewarding – we are continually learning and being pushed outside our comfort zone. The flipside is the pressure to always be ‘on.’
A recent SRA Thematic Review on Workplace Culture revealed that a quarter of respondents thought their firm did not have a positive culture. Coping rather than thriving can be a badge of honour within the law.
We face external pressures from clients and competitors – lawyers also bring pressure on themselves to get things right. It is challenging and expensive to qualify as a lawyer which can bring with it pressure to stay in it.
Do we have a polluted culture within the law? Where the culture has been contaminated by unrealistic demands – billable hours targets lead to a culture of long hours which can come at the detriment of our personal lives and wellbeing. We can remove some of this pollution/change the culture and look at alternative to billable hours to create a more positive and happier culture.
Firms should offer mental health support through regular appraisals and 1-2-1 meetings with managers. Invest in management training and hold regular catch ups with colleagues which help to build trust. Individual accountability contributes towards what a firm’s culture looks like. We need to place a value on how we develop as people.
Leadership workshop – The O Shaped Lawyer
The purpose of the O Shaped Lawyer is to make the legal profession better for those who are in it, those who use and those who are entering it.
One focus is on education – influencing law firms to influence law schools to modernise their approach to legal training. They are starting to collaborate with law firms and have worked with The College of Legal Practice to create the O Shaped Skills Course which focuses on developing human and business skills for lawyers.
Attendees were asked to consider in what environment we have been able to perform at our best and what was it about that environment that enabled us to do so? Suggestions that came up included agency, control, trust, autonomy and not being micromanaged, together with respect for ideas which cultivates confidence in putting ideas forward and thinking creatively.
The concept of psychological safety was looked at, which very much revolves around the feeling of trust and being able to:
- Give and receive feedback.
- Raise issues and concerns.
- Speak ‘human’ to ‘human.’
- Be collaborators, not adversaries.
There is a clear link between psychological safety and wellbeing – managers being open encourages employees to be open and vulnerable and to not feel the need to mask anything at work.
Zoomside chat – US perspectives on legal culture
With Libby Coreno, a Real Estate Development Attorney in New York and co-founder of The Humanized Lawyer Project, an online skills programme for legal professionals.
There is a link between law firm culture and acting ethically. It is open to lawyers to set boundaries by pushing back to seniors or clients on deadlines and saying “this is when I get it done by…” rather than succumbing to pressure and making mistakes or acting ethically. We need to challenge unethical behaviour in others and have the courage to oust someone who does not act with integrity.
Watch the TED talk by Margaret Heffernan on the super chicken pecking order at work, which talks about how value is often placed on star employees who outperform others, yet it is in fact social cohesion and support that drives the most high-achieving teams. What motivates people is the bonds and trust that develop with each other.
Innovation Workshop – FitForLaw
This workshop talked about the importance of mental health and wellbeing training for lawyers and being a reflective practitioner. It focused on the free online FitForLaw resource on emotional competency and professional resilience for the legal community, which was created as a collaboration between LawCare and academics at the University of Sheffield and The Open University. There are currently 2 courses, which are likely to take around 4 hours each to complete:
- Managing and understanding yourself.
- Working with others – currently in the pilot stage and due to be formally released in January 2023.
Conversation with I. Stephanie Boyce – Reflecting on a modern and diverse profession
Never give up and never be scared to ask for help and direction. Leaders must leave the door open and give newcomers to the profession the opportunity to thrive. Change on the surface is not the same as deep change – we need to continue working to make culture within law firms the most inclusive and healthy it can be.
Closing Keynote – Values and purpose in the law
By Professor Steven Vaughan of UCL. How do we lawyer with purpose? What do you do when your own ethics conflict with what you are asked to do as a lawyer? The SRA Principles are mandatory and not in an order of any priority. The regulator prescribes a model of socially responsible lawyering. There is however a need to equip lawyers with the skills to navigate the regulatory minefield on ethics.
We are looking for meaning in our professional lives in a way that we weren’t doing 20 years ago – this is partly driven by client pressure, a focus on ESG, increased awareness of mental health and wellbeing and own-interest conflicts. Lawyers should reflect on why they take on the clients and work that they do. Take ownership and use their expertise in the public interest.
Conclusion
The conference highlighted the need for more training in human skills to deal with unethical behaviour from colleagues and clients and to improve wellbeing, the importance of boundary setting, the relationship between wellbeing and regulatory risk and the need for investing in and nurturing junior lawyers for the future sustainability of the profession. It is positive that these discussions are taking place and firms and lawyers can put the learnings into practice to create a happier and more productive workplace.
Access Legal’s GRC for Law Firms training product includes eLearning courses on Mental Health for Lawyers and Mental Health for Legal Managers and our Policies and Precedents for Law Firms Library includes a template Mental Health and Wellbeing Policy.