WG Hart, day 2, session 4

Kicking off with Richard Collier — ‘Love law, love life’: Wellbeing in the legal profession — some critical reflections on recent developments.  Recurring theme: well-being, stress, is a problem in the legal profession, the literature and the research is saying.  Richard sped over a whole range of issues that were intersecting on this issue: catastrophising, perfectionism, cognitive distortion, mental grids that focus on the worst of scenarios.  He considered how well wellbeing is understood in the debates, and how this relates to both equality and diversity agendas in the profession.  Also how gender and professional identity (as he points out in his abstract) intersect.  The problem of definition is critical.  Is there political significance (track to economy, culture, emotional life).  Three emerging themes: equality and diversity in law, the legitimacy of legal education, the ethical obligation of law school.  Hugely wide-ranging, interesting presentation on the research in and around wellbeing, and critical of both the concept and the context, as well.

Next, Caroline Strevens, Clare Wilson and Liz Lee on Expectations of students and coping strategies in the face of ‘distress’: implications for legal education.  Caroline outlined the project and some of the issues in the UK.  Liz Lee outlined the research carried out in AU since 2004/5 (U of Western Au project), and the series of studies from 2009 onwards.  Law students come to university with higher expectations, the research showed, but in first year suffer decline in mental health.  Liz summarised the research of Rachael Field and others; and Wendy Larcombe’s cross-Faculty Melbourne Study.  Clare Wilson (clinical psychologist) then talked about the nature of research on the topic, the cultural specificity of much of it, and the (lack of) sophistication of it in much of the government’s research.  She referred to self-determination theory, which takes into account, inter alia, autonomy, competence and relatedness (Deci & Ryan).  She described the structure of the research project at Portsmouth, including use of instruments, groups, and consultation with staff.  Fascinating project.

Finally, Susan Watson and Susan Scott Hunt, on using mediation techniques in disputes between institutions and students — The Kingston Law School Project.  Student complaints to the OIA are increasing annually, particularly from law students.  From their abstract: ‘how will law schools manage students’ expectations and their anxieties about gaining credentials and skills needed for future employment amidst dramatic changes in the professions and the market for legal services while also recognising the impact that complaints and appeals have on staff?’  Susan Hunt commented that complaints from foreign students and postgraduates are disproportionate, significantly.  Can mediation manage students’ expectations as well as help deal with the problem?  The project aimed to establish an evidence baseline on the numbers and types of complaints, the internal complaints systems and to examine a range of issues arising from the student complaints.   Susan Watson talked about how useful it was for staff to learn some of the approaches used by mediators.  Very useful research project.

Rick put forward three research questions — does the economy affect well-being of lawyers?  Is the way men in law school construct their wellbeing affected by the feminisation of the law school?  Lawyers can not choose the ends to which their skills and knowledge are put — does that affect their mental health?  Nigel Duncan observed mediation can be lengthy and expensive; Susan replied that yes, it can be; but that the process is more useful than the cost.