Law Society Chief Executive Katie Rusbatch was part of a panel discussion about mental health in New Zealand’s legal profession earlier this week. 

Hosted by Minister for Mental Health Hon Matt Doocey and the Life Squared Trust, in association with the Law Society, Ms Rusbatch was joined by clinical psychologist Jacqui Maguire, Buddle Findlay partner Susan Rowe, and partner at Kāhui Legal, Lynell Tuffery Huria. 

Ms Rusbatch told attendees that the wellbeing of lawyers in Aotearoa was an important topic and one of the Law Society’s top priorities. 

“We see these issues regularly and internationally all jurisdictions are grappling with them,” she said. 

Ms Rusbatch said that often wellbeing issues were uncovered in the regulatory space. 

“The complaints (disciplinary) process can be a fairly blunt tool to deal with deal with mental health issues,” she said. “We’d prefer to prevent those outcomes, and I encourage lawyers to take advantage of the Law Society’s Practising Well initiatives.”

Clinical psychologist Jacqui Maguire outlined the research undertaken by the turst that showed that New Zealand lawyers and law students experienced greater depression, anxiety, stress, and psychological distress in comparison to other professions. She emphasised the need for the issues to be addressed systemically. 

Buddle Findlay partner Susan Rowe shared her personal story of experiencing clinical depression. 

“It is an invisible illness – it’s not like having a broken leg – so it can be really isolating” she told the audience. “You don’t know who around you is experiencing issues. It’s important just ask how someone is.” 

She encouraged those who were struggling with mental health to trust people and to talk about their struggles to help to demystify mental health conversations in the workplace. 

Lynell Tuffery Huria, partner at Kahui Legal, said that Māori lawyers could experience even more pressure if they were undertaking work on behalf of their iwi, hapu or whanau as their professional and person lives intersected more. 

“Young people are also facing other challenges, such as living through the Covid pandemic, that we had not had to face,” she said. “Events can come out of left field and as a profession we can’t always control these situations.” 

More tools needed 

The Independent Review, commissioned by the Law Society and released in 2023, identified that more tools were needed to address the wellbeing of lawyers. 

Ms Rusbatch said the organisation was doing as much as it could to help with lawyer wellbeing despite being constrained by the current regulatory legislation.  

“The complaints regime is disciplinary focussed, and we would like more tools to be able to respond to wellbeing issues that come to us through the complaints system.  

She also highlighted the example of not having entity (organisation/firm) regulation in New Zealand, which was available in other common law jurisdictions.  

“This provides a framework to move the focus away from individuals to organisational culture,” she said.  

Ms Maguire said that organisational culture is a key protective factor in employees’ wellbeing. 

Ms Rusbatch also acknowledged that law students experienced stress and that the Law Society was connecting with universities as well as holding a conference for new lawyers this year. 

Cognitive decline area of concern 

Another area of concern for the Law Society was cognitive decline which Ms Rusbatch said was challenging as lawyers are often reluctant to come forward with concerns about friends or colleagues. 

“We are working on an education programme that we hope will support people to come forward with concerns they may have about colleagues or friends who continue to practise despite experiencing cognitive decline,” she said

“We encourage people to come to us so we can then provide support,” she said. “It helps to identify the right person to listen and support someone to reassure them that it is fine for them to wind up their practice.” 

Ms Rusbatch said it was important that lawyers could exit from the profession with their pride intact. 

The Law Society acknowledges that some applicants have expressed concerned about including mental health issues when completing certificates of character applications and annual declarations. 

The relevant matters for consideration are set out in legislation, but it was important that applicants are not afraid to speak up if they or someone they knew are facing mental health challenges.” 

“We have support that can be put in place including from our branch and section managers and from other lawyers,” she said.

Upcoming events

• Beyond the Bar: Sustaining peak performance and protecting wellbeing during times of pressure and change  - Online
• Stepping Through 2025 (Expressions of Interest) - Christchurch
• Situational Safety and Tactical Communication for Family Lawyers - Wellington 

Support for lawyers: 

• Make a call – use the free and confidential counselling service Vitae  
• Connect with lawyers in your area – there are local events and networking opportunities Law Society Events  
• Connect with a local branch or specialists in your practice area: Branches, Sections and Groups  
• The Law Society provides a mentoring programme as a free way to connect with other lawyers and support each other professionally.  
• Use the resources on our Practising well website pages  
• Read our guidance especially designed for New Lawyers  
• Consider giving back by mentoring a new lawyer Become a mentor  
• Read the advice on lawyer wellbeing from clinical psychologist Dr Sarah Anticich