Chapter 5 - Public Sector Lawyering Stress and Wellbeing: Neoliberalism at Work?

Summary

INTRODUCTION: NEOLIBERALISM AND LAWYERING

The consequences of neoliberalism for lawyering in the private sector have been discussed extensively in the literature. In her 2016 paper Margaret Thornton eloquently identifies the central role of neoliberalism in shaping society and, by extension, the field of legal practice:

Neoliberalism is the dominant ideology of our time and shows no sign of abating. The undue deference accorded the economy and capital accumulation means that comparatively little attention is paid to the pressures this involves for workers. Although conventionally viewed as privileged professionals, lawyers in corporate law firms have been profoundly affected by the neoliberal turn as firms have expanded from local to national, to global entities, with the aim of maximising profits and making themselves competitive on the world stage.

Thornton has identified some key features of neoliberal practices in law, such as: global competition, bureaucratisation, cost cutting and profit maximisation.This has led to the‘ erosion of the autonomy of employed lawyers in private law firms‘. The erosion is made possible by‘disciplinary‘ technologies such as billable hours, giving rise to the culture of working long hours, which‘ represent the crucial source of profitability for law firms‘. With an abundance of law graduates ready to replace them, the salaried lawyers fit the image of the‘ disposable workers of neoliberalism‘. By extrapolating from a 2015 study by Schrecker and Bambra which‘shows compellingly that neoliberalism has eroded the conditions conducive to a healthy life and has given rise to four identifiable “ epidemics “ : obesity, stress, austerity and inequality‘, Thornton concludes that‘ neoliberal technologies, such as billable hours, have engendered high rates of stress and depression in the legal profession in Australia in the twenty-first century‘ .

Thornton‘s critique goes further to examine the‘ counter discourse‘ of wellbeing and work– life balance which has emerged in recent years. Instead of a discourse of resistance, Thornton argues that it is in fact further evidence that it is part of the neoliberal project.