New Zealand Lawyers

Law columnist Sasha Borrisenko pointed out in a Herald article about the depressed state of New Zeland lawyers based on a longitudinal study conducted by the University of Melbourne researchers which shows that New Zealand lawyers and law students are experiencing the highest rates of depression, anxiety, stress, and psychological distress compared to their international counterparts.

The study showed that 34 per cent of lawyers reported moderate to severe psychological distress, with a quarter of those experiencing severe or extremely severe distress.

Statistics taken from other major jurisdictions consistently show lawyers experiencing mental health issues and substance abuse at rates significantly higher than the general population and most other professions.

But the Life Squared Trust survey does not appear to have the stats to indicate that New Zealand lawyers are measurably worse off in the mental health statistics than those in other major jurisdictions, including Australia.

None of which is to deprecate the importance of this serious situation.

Lawyers consistently rank among the professions with the highest rates of depression, anxiety, substance abuse, and other mental health issues compared to the general population and other professions.

1. The Melbourne data, collected over a three-year period from 2021 to 2023, shows consistently high levels of mental health issues among legal professionals, a trend reflected in international studies of mental health issues in the law profession.

The study, commissioned by the Life Squared Trust, utilized the Depression, Anxiety, and Stress Scale (DASS) to measure psychological distress with New Zealand lawyers scoring significantly higher on all measures compared to their U.S. counterparts and even surpassed stress levels reported by nurses during the pandemic, according to Borissenko.

The average combined DASS score for New Zealand lawyers is 21.44. People experiencing “normal” rates of depression, stress and anxiety would fall within a combined score of zero to 14, the report said.

But there is no indication of DASS scores being used in similar surveys on lawyers in major jurisdictions including the UK and the US.

It was not used in an older 2016 US study by the American Bar Association and Hazelden Betty Ford Foundation which did however find that 28 percent of lawyers experience depression.

A Johns Hopkins University study reported in the US National Library of Medicine found lawyers have the highest incidence of depression among over 100 occupations surveyed, reflecting other survey results and the high overall depression rates among lawyers.

2. A 2020 ALM survey tended to confirm the ‘depression figures’ from the 2016 report, finding that over 31 percent of lawyers reported having a depressive disorder while a 2021 Bloomberg survey in the US found over half American lawyers reported feeling burned out.
3. UK figures report similar statistics about lawyer burnout and depression with some tragic cases of lawyers who have been affected in tragic circumstances, but the suggestion that lawyers in New Zealand are somehow worse off in the mental health stakes than others is drawing a very long bow based on the Melbourne

While the research paints a grim picture, it also offers insights into potential solutions. Lawyers working in positive work environments reported significantly lower distress levels, highlighting the importance of workplace culture and self-determination in promoting mental well-being.

As the legal profession grapples with these findings, the New Zealand Law Society acknowledges the gravity of the situation. Chief Executive Katie Rusbatch stated, “The more focused data there is in the area, the better. High levels of depression, anxiety and stress [are] of great concern.”

Mental health issues in the law profession have been a long-standing and constant issues for professions everywhere, not just New Zealand.