Barristers at Breaking Point: Does Burnout Continue to Plague the Legal Professions?

This article was originally published in The Barrister Magazine, Easter Term, 2022.

I wrote an article called, “Are Barristers’ High Levels of Stress Placing Their Health At Risk?” for the Hilary term 2017 edition of the Barrister magazine (p 22), based on my thesis research as a clinical psychologist. Invited to write a follow up article, here I look at burnout in more detail, and consider whether things have improved since my research was published.

Research Findings

I interviewed criminal defence barristers working in the Magistrate’s Court, a group that is particularly stressed and pressured. Factors influencing this stress were found to include: feeling the pressure of cuts  to legal aid and high workloads, a feeling of responsibility for clients, a sense of role conflict about working in a system that conflicted with their values, and a lack of emotional support due to the need to appear confident and strong at all times. Distress and feelings of being overwhelmed were common, especially for junior barristers. The research found that barristers had many of the risk factors for burnout,  a state of psychological stress, where emotional demands have become so high that the person is emotionally exhausted, and no longer able to fully cope. At that time, a number of initiatives to counter stress were introduced, such as “Wellbeing at the Bar.”

Recent research suggests barrister wellbeing is an ongoing concern, with the International Bar Association (IBA, 2021) reporting that one in three legal professionals worldwide feel their work has a negative impact on their wellbeing, with 41% saying they would not discuss concerns with their employer due to stigma. Lawcare’s 2021 report on UK legal professionals found a startling 69% had experienced mental ill health in the last year, with almost half not disclosing this at work. Echoing my small study from 2015, this research suggested that barristers continue to be at high risk of burnout.

Parallels with Medical Students

I currently work as a therapist for medical students at the University of Cambridge, and have been struck by the parallels between this group and the barristers I interviewed: highly intelligent, extremely diligent and hardworking, similar professional pressures to hide emotions, under immense stress, and at risk of becoming distressed. One pattern is common: working exceptionally hard, avoiding emotions but then falling into a state of apathy and disconnection. I thought it might be interesting to present this pattern as it may relate to burnout in barristers.

The Burnout pattern: overview

Diagram one borrows concepts from cognitive analytic therapy to demonstrate how aspects of professionalism, systemic pressure and individual psychology may create a restrictive pattern that leads to burnout in barristers.  The “special/successful,” “dual personality” and “burnt out” rectangles illustrate roles that can be received by others, or enacted towards the self and others. For example, someone in the red “burnt out” role may feel others are disconnected from them, disconnect from others and also disconnect from their selves and feelings. The arrows indicate the patterns of thoughts, feelings and behaviour that link these roles, and the influence of systemic issues, with illustrative quotes from barristers. References for the diagram content and specific quotes can be found as footnotes. The diagram is schematic, and does not attempt to include all issues that may lead to burnout.

Pink: Special/Successful role

Barristers who relate to this pattern would feel best in the pink role, being frenetically active, keeping up with the hyper competitive world of the Bar, and deriving a sense of esteem and worthwhileness from this. In such a role, noticing feelings or bodily needs is threatening, as it may preclude getting work done. It is also a threat to professionalism, which demands that feelings are hidden. It is not possible to maintain this role forever, and emotions and stress build up. The “emotional labour” of having to mask or perform emotion takes a toll, as does the vicarious trauma of being exposed to distressing evidence. Barristers may have been forced out of the “special/succeeding” role due to reduced work during COVID-19.

Yellow: Dual Personality Role

The yellow shaded area illustrates how emotions and feelings can start to build up, with barristers forced to present a dual personality. They may be falsely coping, hiding their emotions and not seeking support; feeling hollow, as if they are a fraud or imposter for feeling overwhelmed, or even guilty for not appreciating the opportunity. The quotes illustrate how beliefs about professionalism, a requirement to put up and shut up, and exposure to traumatic material, mean barristers may attempt to suppress stress and pretend to be fine. They may manage to ping pong between these two roles of “dual personality” and “special/successful”: feeling guilty or inadequate for having feelings, and then escaping these feelings by getting back into frantic activity.

Blue: Systemic Issues Increase Stress

The blue zone shows what is arguably the causal driver of burnout: systemic issues. High workloads continue to put great stress on barristers. Financial stress has increased due to COVID-19, as many have suffered from loss of work and income, with BAME groups and women disproportionately affected; meanwhile, cuts to legal aid mean barristers are critically underpaid. A majority of barristers attending court feel concerned about infection control, and risk from COVID-19. Barristers continue to be overworked, undervalued and underpaid, with a recent Bar survey reporting the profession is at “breaking point.” The same survey found barristers were very worried about access to justice, meaning their work conflicts with their values, a known risk factor for burnout. Whilst men suffer gender barriers to expressing their feelings, and are much more likely to complete suicide, women experience unequal access to opportunities and are particularly shafted by a lack of maternity support and pay. BAME legal professionals, and those living with disability, are more likely to suffer from poor wellbeing. These systemic issues, and many more, create a level of toxic stress that may be unsustainable for most barristers if conditions do not improve.

Red: Burnt Out Role

Some barristers will understandably therefore become exhausted, and burnt out, which can feel like being disconnected from themselves or others, and feeling numb or sad, or apathetic and that life or work is meaningless. The main features of burnout include a sense of cynicism towards work and corresponding loss of emotional fulfillment; and a sense of incompetence, inadequacy or failure. Some may take the intensity of these feelings to confirm their sense that emotions are dangerous and they should not seek support, and use drugs or alcohol to cope, or try and feel in control by doing even more work. A sense of failure can be compounded by the lack of clear alternatives or support for those who want to leave the Bar. Individuals who do not seek support at this time may manage to get back up to the yellow zone of fake coping by suppressing their feelings, and pretending to be fine. Some may end up shuttling between these three roles on a long term basis.

In therapy, diagrams like this are theorised to work by bringing unhelpful patterns into conscious awareness, so that individuals can recognise where behaviours are self-defeating, and start to make different choices. Barristers that recognise themselves or others in this pattern may be helped by seeking emotional support, perhaps considering therapy, or contacting Law Care or Wellbeing at the Bar. But as the blue zone illustrates, the underlying driver of stress may be systemic issues beyond the individual’s control. What can be done to increase wellbeing in this context?

Systemic changes vs. sticking plasters

I spoke to Dr Emma Jones, co-author of “Mental Health and Wellbeing in the Legal Profession,” to find out more. Emma told me that in recent years, there have been a number of excellent wellbeing initiatives across the legal profession, including at the Bar. She said however, that “what is important is that these are evidence-based and sustainable, rather than a form of 'sticking plaster' to try and mask or avoid addressing deeper workplace issues.” Emma confirmed that there is some evidence across the legal profession that wellbeing initiatives don't always have the intended effect on individuals, “so it is vital that they are implemented after consultation and with 'buy-in' from individuals at all levels of the organisation or body involved."

The IBA report comes to similar conclusions, arguing that focus should be on the structural and cultural working practices within law which are problematic for mental wellbeing, and not on enhancing the ‘resilience’ of individual legal professionals.

Conclusion

When I researched my thesis some years ago, there was very little on barrister wellbeing. Wellbeing seems to have exploded as an area of interest in the last six years, and there are now (lots of people saying this is important and needs to be addressed xxx). However, despite several initiatives, barristers seem to still be at very high risk for burnout. It remains to be seen whether the profession can address the toxic medley of stress factors before it is too late, and barristers start quitting, threatening access to justice for all.