The transformation in managing a law practice in the era of Covid-19 has come rapidly and unexpectedly.  Prior procedures and systems put in place are now to be redesigned to adapt to the new normal in providing legal services.  Firms will need to rethink and revamp their practice management to ensure the firm survives and thrives in the pandemic.
 
We have seen the significance and increase in conversations surrounding mental and physical wellbeing, particularly in this time of crisis.  Before Covid-19 and its consequent ‘work from home’ order, it was perhaps easier to keep work and home life separate.  Presently, work pressures have extended into employees’ homes, many of whom may have found that working at home has led to longer hours. 
 
Firms should keep in mind that the firm’s productivity is directly affected by their employees’ wellbeing and its workplace pressures.  The pressures and stress associated with the work of a lawyer may largely have a negative effect on their mental health.  This may also result in professional negligence claims against the firm if mistakes are made.
 
Of late, law societies in the United Kingdom, and Australia have placed more emphasis on improving mental health and wellbeing of their legal practitioners[1].  A programme rolled out by the UK Bar Council – “Wellbeing at the Bar” – aims to provide its barristers with the information and skills they need to stay well[2].  Furthermore, UK firms have now also been urged to include a domestic abuse policy with domestic violence increasing worldwide during lockdown[3].  Such domestic abuse support policy is seen implemented in the global law firm, Linklaters, who is committed to provide support measures such as emergency accommodation, paid leave, and emergency access fund for its employees facing abuse[4].
 
Meanwhile in Malaysia, mental health issues have been steadily on the rise and a surge is triggered when the country went into national lockdown in March 2020.  Malaysian think-tank, The Centre, conducted a survey on how the first Movement Control Order was affecting the mental health of Malaysians.  Their data and statistics released in April 2020 show 48% of respondents experiencing varying levels of anxiety and depression, with 34% reporting varying levels of stress – “In terms of levels of severity, respondents from the 18-24 and 25-34 age groups reported up to two to three times more signs of severe and extremely severe negative emotions compared to those aged 55 and above.”[5]
 
Reports in 2018 also showed that the total costs of poor mental health to Malaysian employers incurred through absenteeism, presenteeism (while the employee is unwell), and staff turnover is more than RM14 billion[6].  While better mental health practices can safeguard your business, there is also a corporate social responsibility which may have a positive impact on employee morale as it demonstrates an employer’s commitment to their wellbeing.
 
The Covid-19 pandemic has put into perspective what is really important – “the right to health is a fundamental part of our human rights and of our understanding of a life in dignity”[7].  While long hours are part and parcel of the job, it is time we move away from the norm of measuring hard work by the number of hours an employee clocks in at the office and the glorification of overworking. Instead, we should focus on workspace attributes that improve employee mental health and wellbeing, and thereby increasing productivity in the company, and the quality of work produced.
 
There is currently a lack of clarity in the liability of employers on the mental health of their employees in Malaysia.  Nonetheless, law firms (or for that matter any organisations) ought to take a proactive approach in tackling mental health issues in the workplace, particularly in regard to reducing stigma and discrimination.  One easy step would be to conduct workshops on main issues which causes stress and anxiety, such as personal financial management, and mental health awareness training.  Both employers and employees may also help to improve mental health in the workplace with the following suggestions:-
 

• Educate yourself about mental illness;
• Encourage employees to take a mental health day off work;
• Speak candidly, not flippantly, about current mental health issues – end the taboo against talking about mental health.  Talking openly about the subject without shame may encourage people to ask for help;
• Choose your words carefully – you never know what those around you are living through and how your words might affect them; and
• Reach out to a colleague in distress – take a supportive attitude and check in on your colleagues.

 
Mental illness is no laughing matter.  It is time to change mental health stigma and discrimination, and there isn’t a better time than now.