Personal Management
Mental illness and addiction are serious issues which may impact the provision of legal services. Lawyers may face certain challenges or stressors unique to their work that enhance their vulnerability for mental health or wellness issues.
i These issues have the potential to result in significant impairment that can compromise professional conduct, client interests and the administration of justice. Preserving, enhancing and investing in the lawyers’ well-being are therefore necessary components of a risk management plan and key factors in the business success of a law practice. The
Personal Management Guideline assists lawyers in
The Personal Management Guideline also provides basic suggestions, strategies, supports and resources to manage personal well-being. While paralegals may experience certain stressors that are unique to the paralegal profession, this Personal Management Guideline is also applicable to paralegals.
i CBA Wellness, “Mental Health and Wellness in the Legal Profession” (CPD: MDcme.ca, 2017).
ii Law Society of Upper Canada, Mental Health Strategy Task Force Final Report to Convocation (Toronto: LSUC, 28 April 2016) at 9.
iii Taken from D. Kozich, “Stress: What Is It?”, in J. Tamminen, ed., Living With the Law, Strategies to Avoid Burnout and Create Balance (Chicago: American Bar Association, 1997) 1 at 2; and M.E.P. Seligman, “Why are Lawyers so Unhappy?” from Authentic Happiness: Using the New Positive Psychology to Realize Your Potential for Lasting Fulfillment (New York: Atria, 2004).
iv List taken in part from S. Gilmore, “Balance or Burnout: Which Way are You Headed?”, in J. Simmons, ed., Life, Law and the Pursuit of Balance (U.S.A.: Maricopa County Bar Association, 1997) 16; and CBA Wellness, “Mental Health and Wellness for the Legal Profession” (CPD: MDcme.ca, 2017).
v CBA Wellness, “Mental Health and Wellness in the Legal Profession” (CPD: MDcme.ca, 2017).
vi Ibid.
vii World Health Organization, Mental health: strengthening our response (March 2018).
viii CBA Wellness, “Mental Health and Wellness in the Legal Profession” (CPD: MDcme.ca, 2017).
ix CBA Wellness, “Mental Health and Wellness in the Legal Profession” (CPD: MDcme.ca, 2017) and J. Cho, 5 ways mindfulness helps lawyers (August 20, 2014).
x Thomas Telfer G.W. “The Wellness Doctrine for Law Students & Young Lawyers, by Jerome Doraisamy” (2017) 54(2) OHLJ 645.
xi Law Society of Upper Canada, Mental Health Strategy Task Force Final Report to Convocation (Toronto: LSUC, 28 April 2016) at 9, and Laura Rothstein, “Law Students and Lawyers with Mental Health and Substance Abuse Problems: Protecting the Public and the Individual” (2008) 69 University of Pittsburgh Law Review 531 at 533.
xii CBA Wellness, “Mental Health and Wellness in the Legal Profession” (CPD: MDcme.ca, 2017), and M. Seto, “Killing Ourselves: Depression as an Institutional Workplace and Professionalism Problem” (2012) 2:2 UWOJ Leg. Stud. 5.
Disclaimer: The Practice Management Guidelines (“Guidelines”) are not intended to replace a lawyer's professional judgment or to establish a one-size-fits-all approach to the practice of law. Subject to provisions in the Guidelines that incorporate legal, By-Law or Rules of Professional Conduct requirements, a decision not to follow the Guidelines will not, in and of itself, indicate that a lawyer has failed to provide quality service. Conversely, use of the Guidelines may not ensure that a lawyer has delivered quality service. Whether a lawyer has provided quality service will depend upon the circumstances of each case.
Last updated: February 23, 2022