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Solicitors and barristers

This information is especially for you!

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Tips and quotes from young lawyers

“Don’t get too upset when someone gives you a piece of work back and there are multiple amendments and corrections. Use it as a chance to learn things and keep your drafts with corrections so that you know not to make the same mistakes again. As a junior you are expected to make mistakes, but you are not expected to repeat them.” Lewis, 28, solicitor at a top-tier law firm.

“I remember a senior partner at the law firm I clerked at telling a group of summer clerks that we would probably get mundane work as juniors but that it was important to do that work well. He stressed that if you can’t do the simple work well, how can partners or senior associates trust that you will do more difficult work well.” Mary, 26, solicitor at mid-tier firm.

“There may be times when you have a very high work load and you don’t feel you can get through everything. It is important to tell your supervisors when you feel your work load is too high rather than try to be a superhero and complete it all. If you try to take on too much, it is almost inevitable that you will miss something in a client’s file, such as an important date. It is better to see if the work can be delegated to someone else before you make a mistake that is difficult to fix.” Fiona, 25, Legal Aid lawyer.

“As a junior solicitor, you will get tasks from many people so it is important that every time a person gives you new work, you inform the person of what other tasks you are completing and who has given you those tasks. It is not for you to work out which task should be completed first, but for those who give you the work to work out amongst themselves which task you should prioritise.” Jason, 29, government solicitor (and previously a solicitor at a top-tier law firm).  

Employee Mental Health Benefits

It all depends on who your employer is whether private or government but most employers will provide staff with access to external, confidential counselling services to their legal staff.

Check your employee benefits handbook, staff policies or ask a member of human resources what Employee Assistance Program is available to you. 

What can be done for members of the Law Society of NSW

Working as a solicitor offers many rewards but can also be very challenging. The Law Society of NSW aims to alleviate these challenges, particularly in the areas of mental health and wellbeing and provides a range of services.

Members have access to a number of programs including Members Assistance Program (MAP), Lawyers Assistance Program (LAP) and LawCare.  For more information, click here.

Training

The Law Society of NSW provides free seminars on how to manage stress. See the Events Calendar for upcoming events.

Income protection and insurance disclosures

Income Protection

Since 2001, the life insurance industry and mental health sector have been working together to improve life insurance outcomes for people with mental illness to decrease the refusal of insurance for those with a mental illness.

Beyond Blue, in association with the Financial Services Council, the Financial Planning Association and key mental health stakeholders has produced two new guides to mental illness and life insurance: Mental illness and life insurance, what you need to know - a brief guide and Mental illness and life insurance, what you need to know - a detailed guide.

For more information on Income Protection and mental illness, view the Mental Health Council of Australia website.

In summary, check your income protection and life insurance policies.

Insurance disclosures - My employer and me

‘I have recently been to see a psychologist and have been diagnosed with stress, anxiety and depression. I left my old job a few weeks ago and have an interview for a new job tomorrow. Should I tell my prospective employer that I have depression?’

When attending a job interview, you are under no obligation to disclose to the prospective employer that you have a mental illness, whatever type of mental illness that might be, unless the person interviewing you directly asks the question, and the mental illness will materially impact upon your ability to perform the essential requirements of the job.

Under the Disability Discrimination Act 1992, an employer must not directly or indirectly discriminate against you for reason of your mental illness, including in deciding whether or not to offer you a job. If you secure the job, your new employer is prohibited under the Act from discriminating against you with respect to the terms and conditions of your employment.

If you are considering accepting a job with a new employer, and you have been previously diagnosed with a mental illness, there could be implications as far as professional insurance is concerned.

‘I have been working at a top tier law firm for three years as a solicitor, but have in the last few months been feeling really down and have been struggling to go to work each day. I think I might have depression. Do I need to tell my supervising partner?’

It is entirely a matter for you whether you tell your supervising partner or anyone else at your firm, of the difficulties you are experiencing. There is no obligation to disclose, however if you want to seek professional support from your work, then it may be in your interests to let someone know. Seeking professional assistance from a psychologist may be the best first step.

If you do decide to tell your employer, your employer may need to make reasonable adjustments for you, for instance to allow you time to see a psychologist or other treating doctor. Discussions between you and your employer about your mental health are confidential.

Under the Disability Discrimination Act 1992 your employer must not discriminate against you for reason of a mental illness, which extends to subjecting you to any detriment. Further, you can neither be dismissed because of your mental illness, particularly if you are still able to perform your job, nor denied a promotion because of a mental illness.

You should also have regard to whether your firm has a mental health policy.

If you are uncomfortable speaking directly to your supervising partner, consider speaking to a colleague at your level, or to HR.

More information

For more information for your rights at work, in particular in relation to disclosure obligations, you can visit the Beyond Blue website.