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Solicitors at Breaking Point — How the Scottish legal profession is responding to a mental health crisis

7th May 2025 Written by: Kanika Phillip

Kanika Phillip investigates how Scotland’s legal sector is responding to a mental health crisis.

Nearly two in three people working in Scotland’s legal profession have experienced mental health challenges in recent years. Long hours, high-stakes caseloads and a culture that prioritises perfection under pressure are pushing many to breaking point. The effects – burnout, anxiety and depression – can compromise judgement, decision-making and long-term career sustainability.

Younger members of the profession are particularly affected. A recent report from the International Conference of Legal Regulators found that 65% of law students in Scotland reported mental health issues in the past five years, suggesting the issue is embedded early in the legal career path.

Structured solutions

The impact is systemic, and increasingly, so are the solutions. Across Scotland’s legal sector, firms and institutions are beginning to implement structured, evidence-based approaches to reduce stress, support wellbeing and build more resilient professional environments.

1) Employee Assistance Programmes: modernising mental health support

Traditional Employee Assistance Programmes (EAPs) often failed to deliver, impacted by stigma, limited awareness and narrow scope. But newer models are evolving to meet the demands of high-pressure professions like law.

In a recent paper (2024), Luthia and Chakraborty suggest that modern EAPs must be accessible, stigma-free and culturally sensitive. These programmes, which became standard in international private medical insurance (IPMI) during the Covid-19 pandemic, now offer remote, confidential and family-inclusive support. The result has been measurable improvements in wellbeing and productivity, outcomes the legal sector is well-positioned to replicate.

2) Mental Health First Aid: building a culture of early intervention

Mental Health First Aid (MHFA) training is becoming more prevalent across professional workplaces, and for good reason. It helps employees identify early signs of mental distress, respond appropriately and signpost to professional services.

A 2024 HR Magazine study found that MHFA participants reported significant improvements in knowledge, confidence and preparedness. In recognition of its value, the Law Society of Scotland began offering Scottish MHFA training to solicitors in 2024. This initiative equips legal professionals with practical tools to support colleagues and reduce stigma across the profession.

3) Therapy: addressing the invisible load of legal work

Legal professionals are often reluctant to seek help, fearing reputational risk or professional consequences. But therapy offers confidential, focused support for those dealing with the emotional weight of legal work, particularly in areas involving trauma, conflict or sustained pressure.

Findings from Psychological Therapies for the Workforce 2021-2024 highlight the mental health challenges faced across the sector and the growing need for therapeutic support. Common issues include:

  • chronic stress and burnout
  • secondary or vicarious trauma
  • anxiety and perfectionism
  • post-traumatic symptoms in high-conflict legal fields

Access to specialised therapy, whether externally referred or offered in-house, can help professionals manage these pressures and maintain better wellbeing.

4) Flexible working: a structural shift toward sustainability

Flexible working is increasingly seen not as a perk but as a necessary response to mental health risk. Job shares, reduced hours and hybrid models offer lawyers more control over their time and wellbeing.

According to a 2024 CIPD report, one in four Scottish workers say their job negatively affects their mental health. For legal professionals, whose work often extends well beyond the traditional day, flexible arrangements can significantly reduce stress and work–life conflict. Early adopters have reported improved morale, lower absenteeism and higher retention rates.

Shaping a profession that supports its people

Scotland’s legal profession faces a clear and pressing challenge, but it is not without options. By investing in systemic support structures, modern EAPs, MHFA training, therapy access and flexible working, the sector can move toward a more sustainable and supportive culture.

These aren’t just wellness initiatives. They are strategic, evidence-based interventions that protect performance, retain talent and ensure the long-term health of the legal workforce. In a profession where human judgement is central, protecting the wellbeing of those delivering legal services is not optional, it’s essential.

 

Written by Kanika Phillip, a writer and communications professional with expertise in the lives of survivors, in particular women of colour and young people. Kanika has previously worked with the Katie Piper Foundation and Maggie Oliver Foundation.

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