Sharing the burden
As evidence continues to highlight the risks of mental ill-health in high-pressure legal environments, psychological safety should now be high up firms’ agendas
In the last issue of The Review we explored how reflective practice supervision provides a proactive and sustained means of “sharing the emotional burden” and navigating toxicity in family law.
In this second article, we look at another crucial aspect of wellbeing in practice – psychological safety, a term coined by Harvard psychologist Amy Edmondson.
As the demands of practice continue to intensify, and with new data from LawCare’s 2025 report and Harriet Harman KC’s Independent Review of Bullying, Harassment and Sexual Harassment at the Bar (2025), the case for embedding psychological safety within our profession has never been stronger.
The data: what’s changed since 2021?
LawCare’s 2021 “Life in the Law” report revealed that 69% of legal professionals had experienced mental ill-health in the previous 12 months, with workload, lack of autonomy and unsupportive culture as key drivers.
LawCare’s newly published 2025 report reinforces these findings. It is discussed more fully by Niamh Warnock in this issue, but in summary it reveals that levels of stress, anxiety and burnout remain persistently high, with around one in three legal professionals considering leaving the profession due to poor wellbeing and unsustainable workloads. While awareness of mental health has improved, the report highlights that psychological safety – the confidence to speak up without fear – remains low, especially among junior staff and those from under-represented groups. Conversely, organisations that actively promote open leadership and inclusion report lower stress levels, stronger retention, and higher job satisfaction.
The data tells a clear story: when people feel psychologically safe, they are healthier, more engaged, and far less likely to burn out.
What psychological safety really means
There are many definitions of psychological safety, but one helpful way to understand it is through two distinct levels:
1. Team or organisational level – a shared belief that people can speak up, make mistakes, and take risks without fear of negative consequences. In practice, this might mean associates or clerks feeling able to disclose when they are struggling with workload or mental health, knowing they will be supported rather than judged.
2. Individual level – a personal belief that I can contribute, ask questions and take risks without fear of repercussions. Even where organisations set the right tone, individuals may still need mentoring and encouragement to develop the confidence to use their voice.
Leaders must address both. Organisational change – through new processes, leadership styles, and communication systems – provides the framework. Personal support and training ensure individuals truly experience safety in practice.
The challenge in family law
Family law is uniquely demanding. Practitioners manage clients in distress, high-stakes decisions, and emotionally charged cases — all while navigating adversarial systems and relentless deadlines.
The culture of hierarchy entrenched in the legal profession compounds this pressure. Titles such as “junior”, “associate” and “partner” or, within chambers, “pupil” and “KC” reinforce rank and distance.
As the Independent Review of Bullying, Harassment and Sexual Harassment at the Bar (Harriet Harman KC, 2025) observes: “The Bar is rightly proud of its long history and traditions. But ancient institutions find it harder to change than those newly formed.” The Harman Review found that over half of respondents had experienced or witnessed bullying or harassment during their career, yet many felt unable to report concerns for fear of reputational or career repercussions. It concluded that the competitive and hierarchical nature of the Bar creates a power imbalance which enables that power to be abused.
While the Harman Review focuses on the Bar, these themes resonate widely across legal practice, including family law. The argument that “it has always been done this way” no longer stands. As research now makes clear – the system is broken, and it needs fixing. Both the Harman and LawCare reports call for decisive cultural change, visible leadership and mechanisms that make it safe for people to speak up.
Learning to ask – not just to tell
In our supervision work, we often meet managers who feel responsible for solving every team problem themselves. Their instinct, quite naturally, is to decide on a solution and then present it to their team. Our first question to them is usually: “Have you asked them?”. The idea that leadership might involve asking rather than telling often lands as novel — and slightly uncomfortable. For lawyers, whose professional identity rests on providing answers, asking open questions can feel like relinquishing control.
But asking questions such as “What would help you most right now?” or “How do you think we can solve this together?” demonstrates trust, empathy and respect. It recognises the autonomy and insight of the people being asked. It also builds psychological safety by showing that leaders are willing to listen and learn – not just direct.
Bridging hierarchies through reverse mentoring
A promising recent initiative is LawCare’s Reverse Mentoring Toolkit (2025), which encourages senior leaders to be mentored by more junior or under-represented colleagues. Reverse mentoring can bridge hierarchies, challenge assumptions, and deepen mutual understanding – all key ingredients of a psychologically safe culture. The toolkit is available at lawcare.org.uk/reverse-mentoring-toolkit/
Embedding psychological safety in practice
How can family law leaders begin to embed psychological safety in their organisations? Research and experience suggest several key steps:
1. Define psychological safety for your firm – develop a shared definition that reflects your firm’s language and culture. Involve voices from all levels.
2. Assess the current state – start with simple questions: “Do you feel able to speak up without negative consequences?” Use surveys or listening exercises to identify strengths and gaps.
3. Commit to change – psychological safety doesn’t appear by accident. It requires investment in leadership training, wellbeing initiatives, and communication reform.
4. Focus on leadership behaviours – leadership style is the single strongest predictor of psychological safety. Authoritarian approaches reduce wellbeing; consultative and supportive leadership enhances it.
5. Encourage team learning – replace blame with reflection. Encourage staff to discuss lessons learned rather than mistakes made.
6. Build team efficacy – recognise achievements and strengths to build confidence and resilience.
7. Strengthen relationship quality – healthy relationships are the foundation of psychological safety. Where people value one another’s contributions and care about wellbeing, openness follows naturally.
As both the Harman Review and LawCare’s 2025 report make clear: “Cultures that breed fear or silence harm people and degrade the quality of justice. Cultures that encourage openness and respect protect wellbeing – and elevate standards.” Psychological safety isn’t about lowering expectations; it’s about enabling excellence through wellbeing.
Empowering legal professionals to speak up – to share not only the emotional burden but also their experiences, ideas, and mistakes – is one of the most powerful wellbeing interventions our profession can embrace.
Reflective practice supervision supports this process by modelling curiosity over judgement and by providing a confidential space for honest dialogue. For more information about reflective practice supervision, please see our article “Time to Reflect” in the previous issue of The Review (Sept/Oct 2025).
Kerry’s professional background is in psychotherapy and Sophie’s is in practice as a family lawyer. We are both trained reflective practice supervisors and have written this article together, informed by our professional experiences. If you would like to find out more about the work we do, please be in touch.