Rebalancing the Law—When Systemic Problems Demand Systemic Change
A Conversation with Jarrod Reich and Ulf Marhenke on Lawyer Well-Being

When she fell onto a railway line in east London and was struck by a train, Vanessa Ford, a partner at Pinsent Masons, was “suffering an acute mental health crisis and had consumed a significant amount of alcohol.”[1]
The recent death of Vanessa Ford casts a shadow not just over a single firm but over the entire legal landscape. Leaving behind a husband and children, Ford's tragic passing serves as another wake-up call to the dire importance of lawyer well-being—a facet of the profession too often relegated to the sidelines.
Capitalizing on Healthy Lawyers—A Dialogue with Jarrod Reich
To delve deeper into this issue, I spoke with Professor Jarrod Reich of Boston University School of Law, who is also Advisory Board Member of both the Institute for Well-Being in Law and the International Bar Association's Commission on Professional Wellbeing, as well as a member of the New York State Bar Association's Committee on Lawyer Well-Being, and in 2020 was the Chair of the Association of American Law Schools‘ Section on Balance and Well-Being in Education. Professor Reich has been a powerful voice in the United States, advocating for a more thorough examination of the mental health crisis facing the legal profession.
Recently Reich authored a highly regarded article on the business case for law firms to promote and prioritize lawyer well-being.[2] There he argues that, thus far, changes to foster well-being in the legal profession have been incremental and, since firms have not wanted to make changes on moral grounds, they can and should at least make them on business ones. The financial benefits for law firms in addressing mental health and addiction issues among lawyers are significant.
As Reich has points out, by prioritizing lawyer well-being, firms can reduce costs, increase efficiencies, and improve profit margins. Additionally, firms that prioritize lawyer health and well-being will be attractive to both lateral lawyers seeking better balance and younger lawyers who prioritize their own well-being. This would lead to a more satisfied and productive workforce, reduced turnover and recruitment costs, and a positive impact on the firm's reputation, all of which contribute to financial gains.
Reich’s business perspective is compelling and a perfect match to my own research on the systems-psychodynamic aspects of lawyers’ behavior, which seeks to decipher emotions and defense mechanisms that prevent change.[3]
My work revealed that the performance culture found in many law firms might serve as a social defense that leading to a systemic blindness, which, in turn, hinders change. This busyness and obsession with performance are perceived as a reality that cannot be deviated from without being excluded. At the same time, the law firm system might serve as a container for the individual’s feared emotions of being inferior and of not living up to expectations. Thus, it seems as if lawyers are in denial of the disturbing truths that the mental health statistics reveal[4] because they are afraid of losing a reality that they have come to terms with in order to tame their inner fears.
Reich's insights and my research at INSEAD shed light on a pervasive problem that demands immediate attention and action. As Reich has observed:
“We are at a critical juncture, where the well-being of our legal professionals cannot be ignored. Vanessa Ford's death is a heartbreaking reminder of what's at stake.”
Reich emphasizes that lawyer well-being is not just about individual resilience but about the environment in which lawyers operate:
“The culture within many law firms exacerbates stress, anxiety, and a sense of isolation. It's a systemic issue that requires systemic solutions.”
The Toxic Culture Within Law Firms
Investigating the drivers of this toxic culture, it becomes evident that the legal profession harbors systemic issues that go beyond individual vulnerabilities. High billable hour requirements, competitive environments, and the stigmatization of mental health struggles contribute to a culture where well-being often takes a backseat.
The tendency to frame incidents like Ford's passing as isolated tragedies only perpetuates the problem. The evidence, however, is overwhelming that this issue is systemic, deeply rooted in the very fabric of legal practice.
"We see a pattern," Reich points out, "where the pressures of the profession become insurmountable for even the most dedicated and resilient lawyers."
Insufficient Measures and the Need for Real Change
Despite growing awareness, law firms' responses to this crisis often fall short. "À la carte" wellness initiatives, such as mindfulness sessions or wellness seminars, while beneficial, do not address the root of the cause.
"These measures, though well-intentioned, often deflect from the real issue at hand. They place the onus on the individual to cope and affirmatively seek out and participate in these a la carte activities, rather than reforming the toxic culture that permeates many firms," Reich critiques.
What, then, should be done?
Reich advocates for a holistic approach that reexamines and reforms the operational and cultural norms within law firms. This includes rethinking billable hour requirements, fostering an environment where mental health can be openly discussed without stigma, and providing robust support systems in a culture of psychological safety for lawyers.
Towards a Healthier Future
The path to a healthier legal profession is fraught with challenges, but the stakes—human lives—demand bold and immediate action. A shift towards a culture that prioritizes well-being over billable hours and competitive success is essential.
"We need to reimagine what success looks like in the legal profession," Reich suggests, "where well-being is a cornerstone, not an afterthought."
A systemic change may come about more quickly if firms recognize the business case in prioritizing their attorneys’ well-being as it will benefit the firms’ bottom line and profit margins. Such change will also help attract talent to a firm. With younger generations beginning to enter the profession, employers who convey “you matter to us” will have a decisive advantage in winning incoming interns and associates.
To achieve such change, a look at the darker side of the profession is required. The fear of stigmatization in case of weakness, end of career or loss of mandate seems to be immanent. The associated pressure has a negative impact on physical and psychological well-being. These dynamics are often invisible and can drive lawyers into substance abuse or depression, and in the worst cases even suicide.
The system makes change difficult by maintaining silence and losing sight of humanity through its busyness and emphasis on performance. The first step to change is developing an awareness of this dysfunctional behavior.
The memory of Vanessa Ford, and too many others who have suffered in silence, must galvanize the legal profession into action. Law firms simply cannot afford not creating a better future for their lawyers—for the sake of their staff and for the sake of their clients, who trust and expect advise from qualified and healthy lawyers—not from a person who is on the brink of a breakdown.
A healthier future is possible, but it requires a collective commitment to change—from law firms, legal institutions, and every member of the legal community. The time for that commitment is now.
[1] Stacy Zaretzky, “Biglaw Partner Suffered From ‘Acute Mental Health Crisis’ Before Her Tragic Death’, February 27, 2024, in https://abovethelaw.com/2024/02/biglaw-partner-suffered-from-acute-mental-health-crisis-before-her-tragic-death/.
[2] Reich, J. F. (2020). Capitalizing on Healthy Lawyers: The Business Case for Law Firms to Promote and Prioritize Lawyer Well-Being. Vill. L. Rev., 65 (361).
[3] Marhenke, U. (2023), Take off the blindfold, Justitia! A systems psychodynamic inquiry into the impact of a toxic legal system on the lived experience of lawyers – INSEAD, Fontainebleau, France.
[4] Lateral Link (2023). Lawyer Mental Health Crisis: Unveiling 2023 Data, Trends, and Essential Resources for Building Healthier Legal Careers. Retrieved 14 March 2024 from https://laterallink.com/lawyer-mental-health-crisis-unveiling-2023-data-trends-and-essential-resources-for-building-healthier-legal-careers/. Further studies can be found here https://www.lawcare.org.uk/latest-news/life-in-the-law-new-research-into-lawyer-wellbeing/ and here https://liquid-legal-institute.com/workinggroups/lawyer-wellbeing/; Krill, P.R. (2016), The Prevalence of Substance Abuse and Other Mental Health Concerns Amont American Attorneys, J. Addict. Med., 10 (46); Int’l Bar Ass’n (2021), Mental Wellbeing in the Legal Profession: A Global Study.
Insightful article and very important work for our world today.
Impressive Ulf and again well written.