The Council of Europe has adopted the first-ever international treaty aiming to protect the profession of lawyer. It will have an important impact also in the field of wellbeing of lawyers, stigmatized for so long within the legal profession in Europe.
The final wording of the Convention for the Protection of the Profession of lawyer[1] (hereinafter as “Convention”) covers topics such as the entitlement to practice, professional rights of lawyers, freedom of expression, discipline and protective measures but includes also an important article dealing with the wellbeing of lawyers.
In particular, it is Chapter II – Substantive provisions, Article 4 “Professional Associations” which states that Parties shall ensure that professional associations (i.e. “a representative body to which some or all lawyers belong, whether directly or indirectly, or are enrolled and which has some responsibility for organising or regulating their profession under national law”) can “promote the welfare of lawyers and assist them and their families where necessary”.
Although the English version of the Convention uses a rather broad term “welfare”, the French version is more precise and employs the commonly used expression “bien-être professionnel des avocats” (lawyer´s professional wellbeing).
This perspective is further supported and clarified in the Explanatory Report of the Convention[2] which already mentions the frequently used term of well-being:
“Lawyers who are involved in defending unpopular causes or clients, may face stigmatisation, both professionally and personally, impacting their practice and well-being.
In some cases, there may be insufficient support or an inadequate response from the authorities in protecting lawyers from such adverse situations; in severe cases public authorities may be the source of such criticisms.”
As regards the reasoning behind the inclusion of welfare in the wording of the Convention, the Explanatory Report further underlines:
“The role of promoting the welfare of lawyers falls within the competence of the professional associations, with Parties not hindering their action. This concerns the promotion of a better work-family balance and acting against sexual harassment and other disrespectful conduct on the part of lawyers themselves rather than the provision of any form of financial support.
The performance of all these roles and responsibilities may require professional associations to make proposals for legislative and administrative reform.”
The fact that the Convention includes, expressis verbis, the issue of welfare of lawyers, can be considered as an important milestone. It is the first official mention, acknowledged by the Council of Europe and the community.
It is an important step and signal for many countries and Bar Associations as the matter is currently still ignored or downplayed by many lawyers and Bars, thus strengthening and contributing to the stigma around wellbeing and mental health of lawyers. This is still the case for many European countries.
According to experts, mental health stigma often manifests itself as shame, blame or fear and discourages individuals from seeking help, leading to severe consequences. It should be noted, that moreover, “lawyers contemplate suicide at double to triple the rate of the general population”[3].
This short, yet significant and symbolic article will hopefully help to contribute to the destigmatization of the legal profession regarding lawyers´ well-being, physical and mental health, sexual harassment and other related issues.
Examples and inspiration can be drawn from more advanced Bar Associations and legal organizations that have been addressing these themes seriously for a long time, such as the International Bar Association, the American Bar Association, The Law Society of England and Wales, The Bar Council of England and Wales, Law Council of Australia, or more recently the Paris Bar or the Madrid Bar Association.
The Convention will be opened for signature on 13 May 2025 on the occasion of the Council of Europe Foreign Affairs ministers’ meeting in Luxembourg. At least eight countries, including six member states of the Council of Europe, must ratify it for it to enter into force.
It will be interesting to follow the future developments and hopefully witness positive changes and proactive approach of Bar Associtations in the field of well-being, physical and mental health of lawyers and other crucial issues.
[1] See: rm.coe.int.docx
[2] See: CM(2024)191-add2final
[3] See: Stress, Loneliness, & Overcommitment Predict Lawyer Suicide Risk
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