TRISTAN JEPSON MEMORIAL LECTURE

Sydney

Thursday, 24 September 2009

CHECK AGAINST DELIVERY

First, may I acknowledge the traditional owners of the land we meet on – and pay my respects to their elders, both past and present.

It’s a pleasure and a privilege to be here for the Fourth Annual Tristan Jepson Memorial Lecture.

I would like to extend a warm welcome to Tristan’s parents, George and Marie, and thank them for giving me the honour of delivering this year’s lecture.

From time to time I speak at events where the issues canvassed have the potential to profoundly impact peoples’ lives and wellbeing. Tonight is one of those special occasions.

While this annual lecture was borne out of tragic events, it has become an important conduit for raising awareness and promoting an understanding of depression in the legal profession.

This event reminds us that we must do more to better assist those who are suffering the effects of depression.

Depression in the Legal Profession

At last year’s lecture, Professor Ian Hickie from the Brain & Mind Research Institute at the University of Sydney announced the findings of a comprehensive study on the prevalence of depression in the legal profession. One-third of solicitors, he said, and one in five barristers, suffer depression to a level associated with disability. I note that a prominent judge has today spoken of its prevalence in the judiciary.

Perhaps more disturbing are Professor Hickie’s findings in relation to law students, 40 per cent of whom are said to suffer from anxiety and depression. With their courage and confidence undermined, they are, as a group, less likely to seek treatment and more likely to suffer in isolation.

These statistics give rise to two questions. Why is depression so common in the legal profession, apparently more so than in other parts of the Australian workforce, and second what can we do to address it?

The first question is best left for the clinicians - people like Professor Hickie and Associate Professor Dr Mamta Gautam, who delivered this lecture in 2006. 

In her lecture in 2006, Dr Gautam suggested that the nature of the legal profession - its adversarial, conflict-driven nature - and the personality traits of the people attracted to the practice of law may contribute to the high incidence of depression in the profession.

But it is the second question that I would like to address tonight. What can we do to address the staggering number of lawyers, barristers, law students and other legal professionals who live with and suffer from depression?

Tonight I would like to put the spotlight on all of us, to discuss what we can do, as individuals and as part of the proud legal profession as a whole.

I encourage everyone in the profession to look closely at their own mental state, the mental health of their colleagues and to promote a healthy work/life balance. We must take proactive steps if we are to overcome depression in the legal profession.  

Encouraging Dialogue and Early Intervention

Encouragingly, I think it is fair to say that depression and other mental health issues are no longer ignored in the way they used to be. There is now a relatively widespread knowledge of depression and an understanding that depression can be a serious illness.

I suspect, however, that there is not an adequately widespread view among those suffering from depression that help is available. There probably remains a sizeable group of people who suffer from depression, who choose to ignore it, who suffer alone or who attempt to stay its effects with alcohol and other substances. A course of action that is entirely counter-productive.

Obviously I am not a clinician, but it is nevertheless clear that there is a role for me, and for all laywers, in changing our attitudes towards depression. 

There is sufficient research to indicate that the early detection and treatment of depression reduces the extent of the suffering. There is, however, more work that can be done around early intervention and encouraging early ‘help-seeking’ behaviour for depression.

This is an area in which the entire legal profession - universities, law societies, firms of every size, and services providers - must get involved.

Earlier this year the Australian Law Students Association published a handbook for law students which tackles depression on several fronts – raising awareness on campus, being the catalyst for change at the faculty level, running mentoring programs, and hosting regular informal or small gatherings.

This represents a serious and constructive attempt by law students to make a difference in the lives of their peers. Importantly, it makes the point that talking about personal depression with students, teachers or health professionals is a sign of strength, not weakness. It also stresses the importance of seeking treatment for depression at the earliest opportunity.

Universities – in particular, law schools – in most areas of the country are already working closely with students to develop programs which meet local needs.

I am aware that many law schools have introduced measures to assist students, both during their studies and in their transition to the workforce, via mental health seminars, support networks and counselling services.

The University of New South Wales, for example, where Tristan was a student, and where I was a student many years before him, leads an e-network of academics from sixteen law schools that discuss and share experiences of countering depression among students.

In addition, the Council of Australian Law Deans, recognising the important work of Professor Hickie and the Brain & Mind Research Institute, assisted with and contributed to the “Courting the Blues” study which looked at attitudes towards depression in Australian law students and practitioners.

The legal profession’s representative bodies are also taking action in this area.

Many, if not all, of the law societies around the country have dedicated sections of their websites to mental health resources, including contact details for counselling and psychological services. In some cases, lawyers can access this information immediately from a link on the homepage of their law society.

The NSW Bar Association has been a terrific advocate for the mental health of its members. It has facilitated a number of conferences and professional development programs on mental health and work/life balance, and has formed partnerships with both the Tristan Jepson Memorial Fund and the Brain & Mind Research Institute.

In addition, the NSW Bar Practice Course now includes a dedicated section on “looking after yourself” and the Trustees of the Barristers’ Benevolent Fund have approved the recruitment of a Welfare Officer, who will assist in dealing with issues relating to barristers suffering from health, drug and alcohol, and financial issues.

Lawyers too are benefiting from the focus their firms are giving to this issue, with many firms now committing time and money to educating staff, particularly managers, about the effects of depression and the importance of a healthy work/life balance.

There is no doubt that depression is an issue that employers must grapple with. In 2005, the national depression initiative, beyondblue, released figures showing that depression-associated disability costs the Australian economy $14.9 billion annually, with more than six million working days lost each year.

I am also aware that mental illness – notably, depression – is one of the main reasons that barristers and legal professionals make claims through their income protection insurance. This suggests there may be a role for the insurance industry to play in the early intervention of depression – particularly if the current approach means that legal professionals are choosing not to disclose mental health histories to their insurers or are taking steps to keep their illness secret. 

I would certainly encourage the insurance industry to look at this issue closely. The evidence is clear that early disclosure enables early treatment and early treatment avoids escalation of disability and higher insurers liability.

Government Initiatives

The importance of early intervention in the treatment of depression generally is widely recognised. The Australian Government is working on a number of important initiatives.

For example, the Council of Australian Governments’ (COAG) National Action Plan on Mental Health has provided $5 million to research the relationship between mental illness and employment.

The National Action Plan recognises that promotion, prevention and early intervention are critical to enabling the community to better recognise the risk factors and early signs of mental illness and to find appropriate treatment.

One particularly relevant project being funded under the National Action Plan is the Graduate Development Program which is being trialled for use among interns and graduates in white collar industries, in the public and private sectors, including the legal profession, to help the development of life skills and resilience.

In addition, the Australian Government funds beyondblue as its primary channel for raising awareness of depression.

Like this event, beyondblue has had a major impact on depression awareness in Australia and has made significant gains in reducing the stigma often associated with depression.

Beyondblue’s National Workplace Program, which includes the latest research on common mental health problems, has been adapted to cater to the legal profession, and provides access to their extensive resources, including an information and referral line, website and fact sheets, in addition to workplace-based mental health promotion campaigns.

The Program is delivered by a national network of accredited trainers who are educated in mental health and have clinical experience. The Program has been presented to more than 25,000 employees working in 300 organisations across a range of industries – including the legal profession.

Evaluation has shown that the program has significantly increased knowledge, decreased stigma, improved attitudes and increased confidence to assist people with depression to seek help.

Conclusion

It is imperative that the entire legal profession collaborates to combat depression, to ensure that depression is acknowledged and addressed if and when it arises. 

To achieve that outcome, we must continue to encourage the valuable work of organisations such as this Foundation.

That is why I am pleased to announce that the Australian Government will provide $10,000 to assist the Foundation’s important work.

The Foundation raises the profession’s awareness of depression and educates law students and the legal profession about their mental health. It also supports medical research into the detection, prevention, control, management and treatment of mental health issues.

This lecture, established in Tristan’s name, is an important reminder of the work we can do to better understand and de-stigmatise depression in the legal profession. 

Former Victorian Premier and the Chair of beyondblue Jeff Kennett observed the need for community recognition and understanding of depression as a serious mental health issue, and for national coordination of services, education and awareness.

“Few people were willing to speak in public about depression and their experiences, media coverage was often negative, barriers in insurance and employment were considerable and there was no national voice or advocacy service for those whose lives were affected.  Australian general practitioners were not rewarded directly for providing better services and no systems for improving access to non-drug treatments were available.”

By raising awareness, connecting people to solutions, forging relationships and tapping into the insight and knowledge that exists within and outside the legal profession, we are making significant progress.

It is my hope that by addressing the issue of depression openly and honestly through events such as this we can, to some extent, relieve the burden from those who deserve our help.

Thank you.