The legal profession is a noble and important part of the fabric of our society. It serves the vital function of maintaining the balance between a society and the individual. I am grateful to be part of this community. We can be of service and be richly rewarded in many ways.
However, it has become apparent that there are some serious problems within the community. Research in the United States, published in 2016, (1) showed a shocking level of distress among lawyers. This was followed up by a major research project in Canada, published in 2022 (2), that confirmed the level of distress and refined this to include a more detailed breakdown of the incidents of distress. The Report also made some suggestions and recommendations of changes.
The 2016 and 2022 research reports indicate unequivocally that there needs to be a change in the culture of the legal profession. While the Lawyers Assistance Program is busy helping those that are experiencing distress and provides education and training to help individuals maintain well-being, this is not enough. When these individuals recuperate and get ‘well’, they return to their work and are immersed in the same culture that didn’t work for them before. The culture change in the legal profession has to be systemic.
We need a movement to change our culture. This movement can be fueled by bringing together key players from the various stakeholder groups for a deep inquiry into the purpose of legal practice and the obstacles to individual, and group, well-being. Together we must determine the changes that need to be made.
There is no simple solution. Culture is complex and deeply imbedded; systems become entrenched and self sustaining unless actively and purposefully changed. No one person or entity has, nor can have, all the answers, or even all the questions.
We can do this! I have seen enormous changes in the legal profession in the past 50 years. Some have been very beneficial. For example, with the recognition that mental health and addictions are important issues that need to be looked at, the acceptance of people getting help for these problems has greatly increased. With education and a recognition of the need for diversity, positive changes influencing equity and inclusion are occurring. We have begun looking at promoting and supporting alternative ways of practicing law and now we are looking at future changes such as the use of artificial intelligence.
The legal profession is full of people that want to help make society better. Wherever there is a perceived problem there are people and groups who jump in to deal with that problem. But that is not enough, either.
In order to make real, lasting, and effective change, we all need to join together to create a movement to look deeper and wider and to make changes that will impact all the various kinds of issues and create a kinder, more compassionate, healthier profession that is more effective, more efficient, and more sustainable.
We need to approach this with humility. Humility leads to awareness of how much you know and how much you don’t know. It opens us to be curious, more willing to consider other perspectives and ideas.
Persisting in old ways that don’t work and insisting it is the “right” way is hubris and willful blindness. We need to admit uncertainty and doubt.
A movement brings together people from diverse perspectives to explore, experiment, create prototypes or alternatives, and to carry out solutions to solve problems, in this case to make the legal profession healthier in all ways. The value of a movement lies less in agreeing on strategies or tactics, than in getting as many sectors as possible moving in the same direction, learning from each other and coming up with new creative ideas and ways of being. I hesitate to name the various stakeholders because I will undoubtably miss some. If I miss your organization, please let me know, let all of us know. There has been a great and important increase in affinity Bar organizations such as FACL, SABABC, Women Lawyers Forum, Aboriginal Lawyers Forum, Indigenous Bar Association, BCFNJC, A.L.L., BCPA, BC Civil Liberties Association, West Coast LEAF, also, CBABC, TLABC, The Law Society of BC, the very Large Law Firms, all large, medium and small Law Firms, Allard Law, UVic Law, TRU Law, Legal Services of BC, BCLMA. (apologies to those I have missed).
I know lawyers can organize, can get together to make changes and to make a difference. Now is the time to lead for the common good and to make significant change in the culture of the legal profession. It is up to us; we cannot depend upon the government or any one entity or organization to make meaningful systemic change in our profession.
If this call to action resonates with you, please step forward as a representative of any of the above-named stakeholders, and any I missed, including individual practitioners, to be part of this leadership circle for change. Although I may assist by coordinating the inaugural meeting of this change initiative, I am not suggesting that I, or LAPBC, lead this initiative. Together we will create a container to do the challenging and rewarding task of community development and change.
The legal profession is a cornerstone of society. As we change priorities and attitudes towards ourselves and others, ripples of compassion and kindness will be felt throughout society. Join the movement today.
Derek LaCroix KC
Executive Director
Lawyers Assistance Program of B.C.
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